Landholding in England by of Youghal the younger Joseph Fisher
page 32 of 123 (26%)
page 32 of 123 (26%)
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our whole realm aforesaid."
These FREEMEN were not created by the Norman Conquest, they existed prior thereto; and the laws, of which this is one, are declared to be the laws of Edward the Confessor, which William re-enacted. Selden, in "The Laws and Government of England," p. 34, speaks of this law as the first Magna Charta. He says: "Lastly, the one law of the kings, which may be called the first MAGNA CHARTA in the Norman times (55 William I.), by which the king reserved to himself, from the FREEMEN of this kingdom, nothing but their free service, in the conclusion saith that their lands were thus granted to them in inheritance of the king by the COMMON COUNCIL (FOLC-GEMOT) of the whole kingdom; and so asserts, in one sentence, the liberty of the FREEMEN, and of the representative body of the kingdom." He further adds: "The freedom of an ENGLISHMAN consisteth of three particulars: first, in OWNERSHIP; second, in VOTING ANY LAW, whereby ownership is maintained; and, thirdly, in having an influence upon the JUDICIARY POWER that must apply the law. Now the English, under the Normans, enjoyed all this freedom with each man's own particular, besides what they had in bodies aggregate. This was the meaning of the Normans, and they published the same to the world in a fundamental law, whereby is granted that all FREEMEN shall have and hold their lands and possessions in hereditary right for ever; and by this they being secured from forfeiture, they are further saved from all wrong by the same law, which provideth that they shall |
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