An Essay Towards a General History of Feudal Property in Great Britain ...

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A. Millar, 1759 - Feudal law - 276 pages
 

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Page 74 - Is not the whole land before thee? separate thyself, I pray thee, from me: if thou wilt take the left hand, then I will go to the right; or if thou depart to the right hand, then I will go to the left.
Page 271 - ... pass without special words for that purpose. The sub-tenants of the tenants-in-chief must have generally been the principal knights resident in every county, and the principal men summoned on inquests. In the reign of Edward I. subinfeudations were prohibited, and all alienations were required to be made to hold not of the alienor, but of the chief lord of the fee; and every alienation of every part, however small, of lands holden in chief of the crown, must have created a new tenancyin-chief...
Page 246 - ... in old times proof was not an attempt to convince the judges; it was an appeal to the supernatural, and very commonly a unilateral act. The common modes of proof are oaths and ordeals. It is adjudged, for example, in an action for debt that the defendant do prove his assertion that he owes nothing by his own oath and the oaths of a certain number of compurgators or oath-helpers. The defendant must then solemnly swear that he owes nothing, and his oath-helpers must swear that his oath is clean...
Page 95 - ... off the debt to the king, he " seemed to come in his place, and to have a right to enjoy his privileges. " But as the voluntary alienation of land was first freely introduced among " trading people in boron.rhs, so the involuntary alienation of it was first " freely introduced among the same people iu the same places.
Page 96 - ... subjects, was likewise introduced. But the difference of execution "given upon this writ, and that given upon the statute-merchant, proves a "very wide difference in the attachment allowed among merchants, and that " allowed among the other subjects. The security by statute-merchant, gave " possession of the whole of the land to the creditor; but the writ of elegit " gave him possession of no more than a half: originally men could " not alienate at all, afterwards they were allowed to alienate,...
Page 177 - The freps by which, in private fucceffions, it came into the collateral line in Great Britain, or even in any other country in Europe, are extremely difficult to be traced, and perhaps are not very certain when they are traced ; therefore we muft fupply them by the progrefs of the fame reprefentation in publick fucceffions.
Page 92 - the Begiam Majestatem and Glanville, it appears, that in consequence of prior "agreements betwixt the parties, this pledge, upon failure of payment, either " remained with the creditor, or, on application to the judge, was sold by his " order ; and it is not improbable, that at that time, no moveables unless so " pledged, could be sold for debt ; nor even when pledged could they be sold, till " after a competent time, and delay of payment ; for so it is laid down by " Glanville and in the Begiam...
Page 74 - The first state of society is that of hunters and fishers; among such a people the idea of property will be confined to a few, and but a very few moveables; and subjects which are immovable, will be esteemed to be common. In accounts given of many American tribes we read, that one or two of the tribe will wander five or six hundred miles from his usual place of abode, plucking the fruit, destroying the game, and catching the fish throughout the fields and rivers adjoining to all the tribes which...
Page 179 - ... that upon the death of Henry III. of France, the league fet up the cardinal of Bourbon as heir to the crown, in oppofition to his nephew the king of Navarre. This laft prince...
Page 1 - The thought of diftribnting among a conquering people the lands they have conquered, and of annexing to the gift, a condition of military fervice, is in itfelf an exceeding fimple one ; accordingly we learn from...

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