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Updated: May 22, 2025
But the determinations of the Witan bound those only who were present, or who concurred in the proposition; and a vassal denying his assent to the grant, might assert that the engagement which he had contracted with his superior did not involve any pecuniary subsidy, but only rendered him liable to perform service in the field." 1 Palgrave's Rise and Progress of the English Commonwealth, 637 to 642.
A statute, emphatically termed the Grand Assize, enabled the defendant, if he thought proper, to abide by the testimony of the twelve good and lawful knights, chosen by four others of the vicinage, and whose oaths gave a final decision to the contested claim,." 1 Palgrave's Rise and Progress of the English Commonwealth, 261.
Palgrave also says, "Scotland, in like manner, had the laws of Burlaw, or Birlaw, which were made and determined by the neighbors, elected by common consent, in the Burlaw or Birlaw courts, wherein knowledge was taken of complaints between neighbor and neighbor, which men, so chosen, were judges and arbitrators, and called Birlaw men." 1 Palgrave's Rise, &c;., p. 80.
He had a fund of small wit and drollery that was sufficient, at least, for a single dinner; and, as it was quaint and fresh, the guests were not only amused, but pleased. In the first place, much could be forgiven to the man who owned Palgrave's Folly. No small consideration was due to one who, in a quiet country town, had accumulated a million dollars.
Without the suffrage of the yeoman, the burgess, and the churl, the sovereign could not exercise the most important and most essential function of royalty; from them he received the power of life and death; he could not wield the sword of justice until the humblest of his subjects placed the weapon in his hand." 1 Palgrave's Rise and Progress of the English Constitution, 274 7. Coke says,
Written laws were modified and controlled by customs of which no trace can be discovered until after the lapse of centuries, although those usages must have been in constant vigor during the long interval of silence." 1 Palgrave's Rise and Progress of the English Commonwealth, 58-9.
I do not know whether anybody, including the editor himself, has ever noticed a peculiar coincidence which may be found in the arrangement of the lyrics in Sir Francis Palgrave's Golden Treasury. However that may be, two poems, each of them extremely well known, are placed side by side, and their juxtaposition represents one vast revolution in the poetical manner of looking at things.
He did not know that the grand and gaudy establishment bore the name of "Palgrave's Folly," and, probably, it would have made no difference with him if he had. It suited him, and would, in his hands, become Belcher's Glory. The sum demanded for the place, though very large, did not cover its original cost, and in this fact Mr. Belcher took great comfort.
Whither was he going? He had a little fortune in his pockets more money than prudent men are in the habit of carrying with them and a scheme in his mind. After the purchase of Palgrave's Folly, and the inauguration of a scale of family expenditure far surpassing all his previous experience, Mr. Belcher began to feel poor, and to realize the necessity of extending his enterprise.
Palgrave's Golden Treasury of Songs and Lyrics. London: Macmillan & Co., 1877. The Courtly Poets from Raleigh to Montrose. Edited by J. Hannah. London: Bell & Daldy, 1870. The Countess of Pembroke's Arcadia. London: Sampson Low, Son & Marston, 1867. Bacon's Essays. Edited by W. Aldis Wright. Macmillan & Co. The Cambridge Shakspere. Charles Lamb's Specimens of English Dramatic Poets.
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