Читать книгу Magna Carta: A Commentary on the Great Charter of King John. With an Historical Introduction онлайн

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ssss1. See Statutes of the Realm, Ch. of Liberties, p. 5, and Sel. Charters, p. 288: “Salva nobis et haeredibus nostris custodia ecclesiarum et monasteriorum vacantium quae ad nos pertinent.” Contrast the terms of Stephen’s Oxford Charter; Sel. Charters, pp. 120-1.

ssss1. Rotuli de oblatis et finibus, p. 354.

ssss1. Rot. Claus., pp. 37, 55.

ssss1. Pollock and Maitland, I. 305.

ssss1. See infra, under chapters 6, 7, and 8.

ssss1. Middle Ages, II. 429.

ssss1. p. 437.

ssss1. The Bishop of Durham enjoyed it, so it seems to be stated in a charter extorted from him in 1303 by the men of his fief (see Lapsley, Pal. of Durham, p. 133). But this forms no real exception; since the Bishop, as an Earl Palatine, enjoyed exceptionally the regalia of a king.

ssss1. See Pollock and Maitland, I. 292. It appears from statute of Marlborough, c. 16, that primer seisin extended over lands held by serjeanty as well as by knight’s service.

ssss1. Rotuli de oblatis, p. 114.

ssss1. Sir Edward Coke (Coke upon Littleton, 77 A) is the original source of much confusion as to the nature of primer seisin, which he seems to have considered as a second and additional relief exacted by the Crown amounting to the whole rent of the first year. The Popes, he further held (equally erroneously), were only imitating this practice when they exacted one year’s rent from every newly granted benefice under the name of “first fruits.” These errors have been widely followed (e.g. Thomson, Magna Charta, p. 416, Taswell Langmead, Const. Hist., p. 50).