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"Motus autem siderum," such is the reverent and sententious remark of Grotius, "qui eccentrici, quique epicyclici dicuntur, manifeste ostendunt non vim materiæ, sed liberi agentis ordinationem." See De Veritate Rel. Christ. Lib. i. § 7. "Now, there was a word spoken to me in private, and my ears, by stealth as it were, received the veins of its whisper." Job, chap. iv. verse 12.
Hactenus. Thus far, and no farther, i.e. if he pays his rent or tax, no more is required of him. Cetera. Gr. strangely refers uxor et liberi to the wife and children of the servant. Passow also refers domus to the house of the servant, thus making it identical with the penates above, with which it seems rather to be contrasted.
They were the only men of honor, faith, trust, and reputation in the kingdom; and from among such of these as were not barons, the knights did choose jurymen, served on juries themselves, bare offices, and dispatched country business. Many of the LIBERI HOMINES held of the king in capite, and several were freeholders of other persons in military service.
DORMIENTIUM ANIMI etc.: see Div. 1, 60 where a passage of similar import is translated from Plato's Republic IX; ib. 115. REMISSI ET LIBERI: cf. Div. 1, 113 animus solutus ac vacuus; De Or. 2, 193 animo leni ac remisso. CORPORIS: the singular, though animi precedes; so in Lael. 13; Tusc. 2, 12, etc.
'Tis a ground and principle in the law, said Triptolemus, that things do not ascend, but descend in it; and I make no doubt 'tis for this cause, that however true it is, that the child may be of the blood and seed of its parents that the parents, nevertheless, are not of the blood and seed of it; inasmuch as the parents are not begot by the child, but the child by the parents For so they write, Liberi sunt de sanguine patris & matris, sed pater & mater non sunt de sanguine liberorum.
6 The possession of goods which formerly stood seventh in the list, which was called tum quam ex familia, and that which stood eighth, namely, the possession entitled unde liberi patroni patronaeque et parentes eorum, we have altogether suppressed by our constitution respecting the rights of patrons.
Chrysostome, speaking of such as are subject to bishops, saith, In potestate positum est obedire vel non. Liberty in things indifferent, saith Amandus Polanus, est per quam Christiani sunt liberi in usu vel abstinentia rerum adiaphorarom.
The other three northern counties were probably so devastated that they were purposely omitted. First, we have barons and we have thanes. The barons were the Norman nobles; the thanes, the Saxon. These were included under the general designation of liberi homines, free men; which term included all the freeholders of a manor.
These estates of inheritance, both the greater and the meaner, were not fiefs; they were to all purposes allodial, and had hardly a single property of a feud; they descended equally to all the children, males and females, according to the custom of gavelkind, a custom absolutely contrary to the genius of the feudal tenure; and whenever estates were granted in the later Saxon times by the bounty of the crown with an intent that they should be inheritable, so far were they from being granted with the complicated load of all the feudal services annexed, that in all the charters of that kind which subsist they are bestowed with a full power of alienation, et liberi ab omni seculari gravamine.
FREEMAN reads them as "FREEMAN," while the older authority, Sir Martin Wright, says: "I have translated the words LIBERI HOMINES, 'owners of land, because the sense agrees best with the tenor of the law." The views of writers of so much eminence as Sir Martin Wright, Sir William Blackstone, Mr. Henry Hallam, and Mr.
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