View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
[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 passage in the Paston Letters (vol. ii. p. 23) it appears
that, far from these acts being regarded, it was considered as a mark of
respect to the king, when he came into a county, for the noblemen and
gentry to meet him with as many attendants in livery as they could
muster. Sir John Paston was to provide twenty men in their livery-gowns,
and the duke of Norfolk two hundred. This illustrates the well-known
story of Henry VII. and the earl of Oxford, and shows the mean and
oppressive conduct of the king in that affair, which Hume has pretended
to justify.
In the first of Edward IV. it is said in the roll of parliament (vol. v.
p. 407), that, "by yeving of liveries and signets, contrary to the
statutes and ordinances made aforetyme maintenaunce of quarrels,
extortions, robberies, murders been multiplied and continued within this
reame, to the grete disturbaunce and inquietation of the same."
[388] Thus to select one passage out of many: Eodem anno (1332) quidam
maligni, fulti quorundam magnatum præsidio, regis adolescentiam
spernentes, et regnum perturbare intendentes, in tantam turbam
creverunt, nemora et saltus occupaverunt, ita quod toti regno terrori
essent. Walsingham, p. 132.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account