Essays in Anglo-Saxon Law |
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Page 2
... Romans have occupied their peninsulas . The Saxons , from whom the English sprung , have been from all historical time the inhabitants of the territory which their descendants still occupy . Their habitations have been fixed ; their ...
... Romans have occupied their peninsulas . The Saxons , from whom the English sprung , have been from all historical time the inhabitants of the territory which their descendants still occupy . Their habitations have been fixed ; their ...
Page 6
... Roman insti- tutions of the conquered Britons the influence which reacted upon the conquerors , and gave character to Anglo - Saxon law . The other has maintained that the conquerors swept 6 THE ANGLO - SAXON COURTS OF LAW .
... Roman insti- tutions of the conquered Britons the influence which reacted upon the conquerors , and gave character to Anglo - Saxon law . The other has maintained that the conquerors swept 6 THE ANGLO - SAXON COURTS OF LAW .
Page 7
... Roman , and introduced pure German law in its place . This dispute is only interesting here , so far as it may involve the question of identity between the Anglo - Saxon law court of the later period , and the German law court already ...
... Roman , and introduced pure German law in its place . This dispute is only interesting here , so far as it may involve the question of identity between the Anglo - Saxon law court of the later period , and the German law court already ...
Page 15
... Roman law . They describe land as situated " in loco nuncupante illo , in pago illo , in centena illa . " The usual form of the Anglo - Saxon charter was to name a place , probably the parish , and no more ; as , for instance , " XL ...
... Roman law . They describe land as situated " in loco nuncupante illo , in pago illo , in centena illa . " The usual form of the Anglo - Saxon charter was to name a place , probably the parish , and no more ; as , for instance , " XL ...
Page 35
... Roman jurisprudence . It ad- hered more persistently to the popular principles of its archaic constitution . It offered an equal resistance to the good and the bad of Frankish example , - to the equity as : to the despotism of ...
... Roman jurisprudence . It ad- hered more persistently to the popular principles of its archaic constitution . It offered an equal resistance to the good and the bad of Frankish example , - to the equity as : to the despotism of ...
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Common terms and phrases
Abbot accused action Ælfric Æthelheard Æthelr Æthelst Æthelstan aforesaid Alfred Anglo-Saxon law Archbishop assertion auctor autem belonged betrothal bishop Bishop of Bayeux boc-land causae Cenwulf charters church claim Cnut contract court daer daes daet daet land defendant ealdorman ealle early German law England episcopus existed family land father folc-land gave gemot German law grant habeat heir Henr husband illa inheritance judgment jurisdiction Kemble kindred king king's laens Leofwine Lex Salica lord maegth marriage Maurer morning-gift movables oath oath-helpers object Offa Oswulf outlawry ownership party passage plaintiff pledge possession principle procedure proof prove quae quam quod Recht regis Roman Sachsenspiegel Saxon Schmid seisin shire Sohm suit supra Tacitus terra theft thief tion trinoda necessitas tunc vengeance Vide waes warrantor weotuma wergeld wife Wilda Witan witnesses Worcester Wulfred Wulfstan
Popular passages
Page 267 - Suscipere tam inimicitias, seu patris, seu propinqui, quam amicitias, necesse est : nec implacabiles durant. Luitur enim etiam homicidium certo armentorum ac pecorum numero, recipitque satisfactionem universa domus : utiliter in publicum ; quia periculosiores sunt inimicitiae juxta libertatem.
Page 196 - If a man carry off a widow not in his own tutelage, let the " mund " be two-fold. 77. If a man buy a maiden with cattle, let the bargain stand, if it be without guile ; but if there be guile, let him bring her home again, and let his property be restored to him.
Page 165 - And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife. 17 If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.
Page 138 - ... procedure authorized by the new sections. Moreover, the discussion on the floor of the Senate relative to the insertion of the sentence, indicates that it was not intended to alter...
Page 237 - The man who has boc-land which his kindred left him ; then ordain we that he must not give it from his kindred, if there be writing or witness that it was forbidden by those men who at first acquired it, and by those who gave it to him, that he should do so...
Page 264 - ... of the King might be required to enforce it, but, if there had been no such promise, the plaintiff was forced to petition the King in person. There is much reason in fact for thinking that, in the earliest times and before the full development of that kingly authority which has lent so much vigour to the arm of the law in most Aryan communities, but which was virtually denied to the Irish, Courts of Justice existed less for the purpose of doing right universally than for the purpose of supplying...
Page 193 - In the name of the living God, I owe not to N. "sceatt" or shilling, or penny or penny's worth; but I have discharged to him all that I owed him, so far as our verbal contracts were at first.
Page 217 - ... with his own property, and then let him be paid its worth ; but if he cannot prove that by lawful averment, let him give it up, and let the owner take possession of it.
Page 123 - ... 7. But if a man desire to lead her out of the land, into another thane's land, then it will be advisable for her that her friends have an agreement that no wrong shall be done to her; and if she commit a fault, that they may be nearest in the "bot," if she have not whereof she can make
Page 381 - Topa et de avia sua ; altera vero haec est, quia proprior erat ille ut terram haberet qui cyrographum habebat quam qui non habebat.