Landholding in England by of Youghal the younger Joseph Fisher
page 38 of 123 (30%)
page 38 of 123 (30%)
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written during the reign of Henry I.; it contains the sum and
substance of all the legal enactments made by the Conqueror independent of his confirmation of the earlier laws." It is as follows: "Statuimus etiam ut OMNIS LIBER HOMO feodere et sacramento affirmet, quod intra et extra Angliam Willelmo regi fideles esse volunt, terras et honorem illius omni fidelitate cum eo servare et eum contra inimicos defendere." It will be perceived that Mr. Hallam reads LIBER HOMO as "vassal." Mr. FREEMAN reads them as "FREEMAN," while the older authority, Sir Martin Wright, says: "I have translated the words LIBERI HOMINES, 'owners of land,' because the sense agrees best with the tenor of the law." The views of writers of so much eminence as Sir Martin Wright, Sir William Blackstone, Mr. Henry Hallam, and Mr. FREEMAN, are entitled to the greatest respect and consideration, and it is with much diffidence I venture to differ from them. The three older writers appear to have had before them the LII of William I., the latter the alleged charter found in the "Textus Roffensis;" but as they are almost identical in expression, I treat the latter as a copy of the former, and I do not think it bears out the interpretation sought to be put upon it--that it altered either the feudalism of England, or the relation of the vassal to his lord; and it must be borne in mind that not only did William derive his title to the crown from Edward the Confessor, but he preserved the apparent continuity, and re-enacted the laws of his predecessor. Wilkins' "Laws of the ANGLO-SAXONs and Normans," republished in 1840 by the Record Commissioners, gives the following introduction: |
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