Difference between revisions of ".MjczMA.MjE0OTg"
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peoples allegiance & still less so in time of peace, for | peoples allegiance & still less so in time of peace, for | ||
then his power terminated. | then his power terminated. | ||
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II. Property was in ye. collective body, & tho they parted | II. Property was in ye. collective body, & tho they parted | ||
with ye. Dominium Utile, they retain'd ye. Dominium | with ye. Dominium Utile, they retain'd ye. Dominium | ||
Directum, to which only homage & fealty are due. | Directum, to which only homage & fealty are due. | ||
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III. In controverted Rights of Baronies & c. ye. decision was | III. In controverted Rights of Baronies & c. ye. decision was | ||
never antiently claim'd by ye. K; which it would have been if given by him | never antiently claim'd by ye. K; which it would have been if given by him | ||
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IV. ye. Services annex'd to Feudes, is like homage & fealty in | IV. ye. Services annex'd to Feudes, is like homage & fealty in | ||
lieu of ye. land; so yt. if ye. tenure had been of ye. K. ye. service | lieu of ye. land; so yt. if ye. tenure had been of ye. K. ye. service | ||
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refus'd to attend ye. K. ye. neglect was punishable, not by ye. | refus'd to attend ye. K. ye. neglect was punishable, not by ye. | ||
K. alone, but with his Parl. | K. alone, but with his Parl. | ||
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In cases where ye. B-s. assisted ye. K. either voluntarily or bound | In cases where ye. B-s. assisted ye. K. either voluntarily or bound | ||
by duty, ye. conduct of ye. Army, was not left to his will alone | by duty, ye. conduct of ye. Army, was not left to his will alone | ||
Revision as of 15:00, 19 July 2018
7. of this Gen. became K. & those of ye. Leaders Nobility or Peers. Now as ye. Gen was only during ye. war; he had no right to ye. peoples allegiance & still less so in time of peace, for then his power terminated.
II. Property was in ye. collective body, & tho they parted with ye. Dominium Utile, they retain'd ye. Dominium Directum, to which only homage & fealty are due.
III. In controverted Rights of Baronies & c. ye. decision was never antiently claim'd by ye. K; which it would have been if given by him
IV. ye. Services annex'd to Feudes, is like homage & fealty in lieu of ye. land; so yt. if ye. tenure had been of ye. K. ye. service would have been due to his private necessities.There are many instances to prove this; thus no K. could oblige his Peers to serve in wars for his own advantage. for by ye. feudal Law these servies were only due in Rebellions at home, & invasions from abroad; thus it is in Germany at present; & when any Per refus'd to attend ye. K. ye. neglect was punishable, not by ye. K. alone, but with his Parl.
In cases where ye. B-s. assisted ye. K. either voluntarily or bound by duty, ye. conduct of ye. Army, was not left to his will alone for ye. cassals obey'd to orders but those of their own Chief, who were not oblig'd to go unless he went. Lastly these military services were soley due in time of invasion or Rebellion. In this free State ye. German Nations continued till ye. Civil Law long buried was reviv'd, & then mistaken Ps. made ye. Lex Regia, ye. ground of assuming despotism, & for ty. reason introduc'd yt. law into their K-ms. It prevails huttor must over all Europe, but has been here unsuccessfully attempted, & therefore this Govern. comes nearest to ye. old Saxons idea of Liberty.
