View of the State of Europe During the Middle Ages, Volumen2

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J. Murray, 1878
 

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Página 326 - An equal distribution of civil rights to all classes of freemen forms the peculiar beauty of the charter. In this just solicitude for the people, and in the moderation which infringed upon no essential prerogative of the monarchy, we may perceive a liberality and patriotism very unlike the selfishness which is sometimes rashly imputed to those ancient barons.
Página 342 - ... evil which, between the timidity of the legislature on the one hand, and the selfish views of practitioners on the other, is likely to reach, in no long period, an intolerable excess. Deterred by an interested clamour against innovation from abrogating what is useless, simplifying what is complex, or determining what is doubtful, and always more inclined to stave off an immediate difficulty by some patchwork scheme of modifications and suspensions, than to consult for posterity in the comprehensive...
Página 326 - ... circumstances ; but it is still the key-stone of English liberty. All that has since been obtained is little more than as confirmation or commentary ; and if every subsequent law were to be swept away, there would still remain the bold features that distinguish a free from a despotic monarchy. It has been lately the fashion to depreciate the value of Magna Charta, as if it had sprung from the private ambition of a few selfish barons, and redressed only some feudal abuses.
Página 268 - ... superest, ut de hac ipsa re singuli, quid sentiamus, proferamus neminem iudicantes aut a iure communicationis aliquem, si diversum senserit, amoventes. neque enim quisquam nostrum episcopum se episcoporum constituit aut tyrannico terrore ad obsequendi necessitatem collegas suos adigit, quando habeat omnis episcopus pro licentia libertatis et potestatis suae arbitrium proprium, tamquam iudicari ab alio non possit, quam nee ipse possit alterum iudicare.
Página 320 - I am not aware that they ever compelled them to marry, much less that they turned this attribute of sovereignty into a means of revenue. But in England, women, and even men, simply as tenants in chief, and not as wards, fined to the crown for leave to marry whom they would, or not to be compelled to marry any . other. Towns not only fined for original grants of franchises, but for repeated confirmations. The Jews paid exorbitant sums for every common right of mankind, for protection, for justice.
Página 142 - But it must be remarked, that many of these donations are of lands uncultivated and unappropriated. The monasteries acquired legitimate riches by the culture of these deserted tracts, and by the prudent management of their revenues, which were less exposed to the ordinary means of dissipation than those of the laity. Their wealth, continually accumulated, enabled them to become the regular purchasers of landed estates, especially in the time of the crusades, when the fiefs of the nobility were constantly...
Página 408 - These duties or services were comprised in the phrase of trinoda necessitas, which were said to be incumbent on all persons, so that none could be excused from them. The church, indeed, contrived, in some cases, to obtain an exemption from them, but in general its lands, like those of others, were subject to them.
Página 407 - It was land that had been severed by an act of government from the folcland, and converted into an estate of perpetual inheritance. It might belong to the church, to the king, or to a subject. It might be alienable and devisable, at the will of the proprietor. It might be limited in its descent, without any power of alienation in the possessor. It was often granted for a single life, or for more lives than one, with remainder in perpetuity to the church. It was forfeited for various delinquencies...
Página 385 - And let no man apply to the king in any suit, unless he at home may not be worthy of law, or cannot obtain law. If the law be too heavy, let him seek a mitigation of it from the king; and for any boiworthy crime let no man forfeit more than his
Página 347 - From the beginning our law has been no respecter of persons. It screens not the gentleman of ancient lineage from the judgment of an ordinary jury, nor from ignominious punishment. It confers not, it never did confer, those unjust immunities from public burdens, which the superior orders arrogated to themselves upon the continent.

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