The History of the English Constitution volume 1

Cover The History of the English Constitution volume 1
The History of the English Constitution volume 1
Gneist, Rudolph, 1816-1895
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Neverlhele. S8, in the Xornian- Franki. Sh feudal law the hereditability of the lief bad becomi- so far established tliat the King eouhl notdt ny it without driving tlio whnlo of the vassals to re- sistance, besides tiio great vassals who were at all times ready for revolt. The hereditability has never from the first been . Seriously disputed. The wrak point lay only in tin- defects of fho administration of justi'-e, especially in the want of a right of aeiion to compel the King to renew the fi...ef. 120 ConstitutliiiinJ lliston/ of Eiujlaiid. CnfcDlTincnt of the heir only took place conilitionally upon liis being a man capable of figbting; and tbat of the heiress only where there was a failure of males, and in order that she niij^ht marry a warrior and one acceptable to the military chief. Accordingly it was natural that the feoffee could neither Hell nor mortgage the estate, nor make it a security for his debts, nor dispose of it by will ; and hence follow these further legal incidents : '2.

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