George Lyttelton (1767). The History Of The Life of King Henry the Second, Sandby and Dodsley. pp. 140–.
It is unlawful for archbishops bishops and any dignified clergymen of the realm to go out of the realm without the king's license, and if they go they shall, if it so please the king, give security that they will not either in going, saying or returning procure any evil or damage to the king or the kingdom.
This was enacted to prevent the too frequent and dangerous intercourse between the pope and English prelates. I agree with Mr Selden that the words in the original constitution personae regni should be translated dignified clergymen. See Titles of Honour p. 732, 733. It takes in abbots, priors, the king's chaplains and all clergymen who held of him in chief, but does not here I think extend to all parsons or beneficed clergymen as the word is commonly translated.
References
John Selden (1672). Titles of Honor. E. Tyler, and R. Holt. pp. 732–.
John Selden (1726). Opera omnia, tam edita quam inedita. "personae regni": Typis G. Bowyer, impensis J. Walthoe. pp. 731–.
Saturday, 3 November 2012
Friday, 2 November 2012
Lyttleton's Comments: Constitutions Clause 1
Lyttleton's Comments: Constitutions Clause 1
Extract from
George Lyttelton (1767). The History Of The Life of King Henry the Second, And of the Age in which He Lived: In Five Books: To which is Prefixed, A History of the Revolutions of England From the Death of Edward the Consessor to the Birth of Henry the Second. Notes To The Second And Third Books Of The History Of The Life of King Henry the Second : With an Appendix to each. Sandby and Dodsley. pp. 140–.
If any dispute shall arise concerning the advowson and presentation of churches between laymen or between ecclesiasticks and laymen or between ecclesiasticks let it be tried and determined in the court of our Lord the king.
Before the establishment of the spiritual court in England, rights of advowson were tried in the county courts, where the presence of the king's officer and other lay assistants prevented partial and unjust decisions by the ecclesiastical judge. But, after the separation of the spiritual and civil jurisdictions by William, the clergy endeavoured to draw all causes of this nature in their peculiar court. This was very properly resisted by the civil power and the trial thereof reserved to the king's supreme court.
Extract from
George Lyttelton (1767). The History Of The Life of King Henry the Second, And of the Age in which He Lived: In Five Books: To which is Prefixed, A History of the Revolutions of England From the Death of Edward the Consessor to the Birth of Henry the Second. Notes To The Second And Third Books Of The History Of The Life of King Henry the Second : With an Appendix to each. Sandby and Dodsley. pp. 140–.
If any dispute shall arise concerning the advowson and presentation of churches between laymen or between ecclesiasticks and laymen or between ecclesiasticks let it be tried and determined in the court of our Lord the king.
Before the establishment of the spiritual court in England, rights of advowson were tried in the county courts, where the presence of the king's officer and other lay assistants prevented partial and unjust decisions by the ecclesiastical judge. But, after the separation of the spiritual and civil jurisdictions by William, the clergy endeavoured to draw all causes of this nature in their peculiar court. This was very properly resisted by the civil power and the trial thereof reserved to the king's supreme court.
Did Becket Perjure Himself?
Society of Antiquaries of London (1786). Archaeologia, or, Miscellaneous tracts relating to antiquity. The Society. pp. 1–.
George Lyttelton (1767). The History Of The Life of King Henry the Second, And of the Age in which He Lived: In Five Books: To which is Prefixed, A History of the Revolutions of England From the Death of Edward the Consessor to the Birth of Henry the Second. Notes To The Second And Third Books Of The History Of The Life of King Henry the Second : With an Appendix to each. Sandby and Dodsley. pp. 140–.
Oath and Sin of Perjury
An oath is an invocation to God to witness the truth of a statement. ... It is, in effect, an act of homage rendered by the creature to the wisdom and omnipotence of the Creator ... To swear falsely constitutes the sin of perjury, always mortal in its nature: for it is an insult to the Divine Truth to call God in witness to a lie. ... In a promissory oath, we call on God not only as a witness of our desire to fulfil the promise we make, but also as a guarantee and pledge for its future execution;
Perjury is the crime of taking a false oath. To the guilt of the sin of lying it adds an infraction of the virtue of religion. An oath properly taken is an act of worship because it implies that God as witness to the truth is omniscient and infallible.
Legal
References
On Oaths
Benjamin Thorpe (1840). Ancient laws and institutes of England: comprising laws enacted under the Anglo-Saxon kings from Aethelbirht to Cnut, with an English translation of the Saxon : the laws called Edward the Confessor's : the laws of William the Conqueror, and those ascribed to Henry the First : also, Monumenta ecclesiastica Anglicana, from the seventh to the tenth century and the ancient Latin version of the Anglo-Saxon laws, with a compendious glossary, &c. G.E. Eyre and A. Spottiswoode, printers to the Queen's Most Excellent Majesty. pp. 727–.
On Oaths
Benjamin Thorpe (1840). Ancient laws and institutes of England: comprising laws enacted under the Anglo-Saxon kings from Aethelbirht to Cnut, with an English translation of the Saxon : the laws called Edward the Confessor's : the laws of William the Conqueror, and those ascribed to Henry the First : also, Monumenta ecclesiastica Anglicana, from the seventh to the tenth century and the ancient Latin version of the Anglo-Saxon laws, with a compendious glossary, &c. G.E. Eyre and A. Spottiswoode, printers to the Queen's Most Excellent Majesty. pp. 727–.
John Jane Smith Wharton (1848). The Law Lexicon, Or Dictionary of Jurisprudence: Explaining All the Technical Words and Phrases Employed in the Several Departments of English Law: Including Also the Various Legal Terms Used in Commercial Transactions; Together with an Explanatory as Well as Literal Translation of the Latin Maxims Contained in the Writings of the Ancient and Modern Commentators. Spettigue and Farrance. pp. 468–.
John Jane Smith Wharton (1848). The Law Lexicon, Or Dictionary of Jurisprudence: Explaining All the Technical Words and Phrases Employed in the Several Departments of English Law: Including Also the Various Legal Terms Used in Commercial Transactions; Together with an Explanatory as Well as Literal Translation of the Latin Maxims Contained in the Writings of the Ancient and Modern Commentators. Spettigue and Farrance. pp. 505–.
Delany, Joseph. "Perjury." The Catholic Encyclopedia. Vol. 11. New York: Robert Appleton Company, 1911. 5 Nov. 2012 <http://www.newadvent.org/cathen/11696a.htm>.
Vander Heeren, Achille. "Oaths." The Catholic Encyclopedia. Vol. 11. New York: Robert Appleton Company, 1911. 5 Nov. 2012 <http://www.newadvent.org/cathen/11176a.htm>.
Thursday, 1 November 2012
Flight from Northampton (Herbert of Boseham - Latin)
Reference
Herbert (of Bosham) (1845). Herberti de Boseham S. Thomæ Cantuariensis clerici a secretis opera quæ extant omnia. Apud J.H. Parker. pp. 147–.
Flight from Northampton (Lord Lyttleton)
From
The history of the life of King Henry the Second: and of the age ..., Volume 4
By Baron George Lyttelton Lyttelton
...
Escape fom Northampton, and Flight into France (Roger de Hovedon)
October 1164
Extract from
The Annals of Roger de Hoveden: Comprising The History of England and of Other Countries of Europe from A.D. 732 to A.D. 1201, by Roger (of Hoveden) [Vol. 1]
Trans. Henry T. Riley, Pub. H.G. Bohn (1853)
Roger (of Hoveden) (1853). The annals of Roger de Hoveden: comprising The history of England and of other countries of Europe from A.D. 732 to A.D. 1201. H.G. Bohn. pp. 265–.
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