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Scotland under her early kings, Volume 1 (of 2)

Note 308 — Chapter IX · The State.

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Canc, vol. 1, p. 236. Magn. Chart. II., s. 39, 52. No freeman was to be dispossessed of his freehold, liberties, or customs, “nisi per legale judicium parium suorum vel per legem terræ.” The former still continues to be the privilege of the “Majores Barones,” or House of Lords, the latter belongs to the “Minores Barones,” or the rest of “the Community.” Had not the old “judicium per pares” been superseded in the case of “the Community” by the “Jugement del Pais,” the Pares would now be counted by millions!

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