FREE BOOKS

Author's List




PREV.   NEXT  
|<   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229  
230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   >>   >|  
gland, by David Jardine, Esq., 1837.' [378] Rot. Parl. vol. iv. p. 65. [379] Rot. Parl. vol. iv. p. 202. [380] This was written in 1811 or 1812; and is among many passages which the progress of time has somewhat falsified. [381] Philip de Comines takes several opportunities of testifying his esteem for the English government. See particularly 1. iv. c. i. and 1. v. c. xix. [382] By a frankleyn in this place we are to understand what we call a country squire, like the frankleyn of Chaucer; for the word esquire in Fortescue's time was only used in its limited sense, for the sons of peers and knights, or such as had obtained the title by creation or some other legal means. The mention of Chaucer leads me to add that the prologue to his Canterbury Tales is of itself a continual testimony to the plenteous and comfortable situation of the middle ranks in England, as well as to that fearless independence and frequent originality of character amongst them, which liberty and competence have conspired to produce. [383] Brady's Hist. vol. i.; Appendix, p. 148. [384] Matt. Paris, p. 330; Lyttelton's Hist. of Henry II. vol. iv. p. 41. [385] If a man was disseised of his land, he might enter upon the disseisor and reinstate himself without course of law. In what case this right of entry was taken away, or _tolled_, as it was expressed, by the death or alienation of the disseisor, is a subject extensive enough to occupy two chapters of Littleton. What pertains to our inquiry is, that by an entry in the old law-books we must understand an actual repossession of the disseisee, not a suit in ejectment, as it is now interpreted, but which is a comparatively modern proceeding. The first remedy, says Britton, of the disseisee is to collect a body of his friends (recoiller amys et force), and without delay to cast out the disseisors, or at least to maintain himself in possession along with them. c. 44. This entry ought indeed, by 5 R. II. stat. i. c. 8, to be made peaceably; and the justices might assemble the posse comitatus to imprison persons entering on lands by violence (15 R. II. c. 2), but these laws imply the facts that made them necessary. [386] No lord, or other person, by 20 R. II. c. 3, was permitted to sit on the bench with the justices of assise. Trials were sometimes overawed by armed parties, who endeavoured to prevent their adversaries from appearing. Paston Letters, vol. iii. p. 119. [387] From a p
PREV.   NEXT  
|<   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229  
230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   >>   >|  



Top keywords:
understand
 

frankleyn

 

disseisee

 

Chaucer

 

justices

 

disseisor

 

comparatively

 

modern

 

proceeding

 
interpreted

recoiller

 

friends

 

Britton

 

ejectment

 

collect

 

remedy

 

inquiry

 
extensive
 
subject
 
pertains

chapters

 

Littleton

 

tolled

 

repossession

 

occupy

 

expressed

 

alienation

 

actual

 
possession
 

person


adversaries
 
endeavoured
 

overawed

 
prevent
 
permitted
 
assise
 

Trials

 

violence

 
Letters
 
parties

disseisors
 

maintain

 

Paston

 
persons
 
imprison
 

entering

 

appearing

 

comitatus

 

peaceably

 

assemble