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ROGER OF WENDOVER Flowers of history. The history of England from the descent of the saxons to A.D. 1235. vol.2

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ROGER OF WENDOVER
Flowers of history. The history of England from the descent of the saxons to A.D. 1235. vol.2
page 371



370 ItOOEK OF WKNIWER. [Λ.η. lvMÔ. custom in the Frcncli kingdom, when any one is accused before Ins judge of the cruel crime of murder, and the accused does not appear, and pleads no legitimate' excuse for not appearing, to consider him as guilty, and to adjudge hint as if he were guilty of all the charges, even to sutler death, as though he were present." In answer to this the pope said, that, between the king of France and the duke of Normandy, there might be an agreement or an old custom, that the duke of Normandv was ntilv bound to conic, on the citing of the king of France, as far as the borders; and therefore if he did not come when summoned, he did not commit an olfence, nor could he, on that account, be punished iit such a way. The pope also said, that if the sentence had been pronounced on the king of Kngland, it had not however been carried into effect, as be was not vet put to death ; and therefore his children which were born afterwards, ought to succeed him in the kingdom, because the king of Kngland had not committed the crime of treason or of heresy, for which offences only the son is disinherited for his father's crime. The messengers in reply to this pleaded, "It is the custom in the kingdom of Fiance, that when any one is condemned to death, his offspring begotten after bis condemnation does not succeed hiin, but those children born to him before his sentence ought to succeed him ;" but the messengers however would not dispute this point. The pope next said, that although the king of Kngland was condemned to (hath, and sons of his flesh were born, Blanche ought not to suceed him but those nearer related to his family, namely, the children of his eldest brother, ami therefore the sister of Arthur, or Otho, who was the son of his eldest sister; and if it were decided that the queen of Castile ought to succeed him, and consequently Blanche as her daughter, it would not be proper, because a mill' ought to he preferred, namely, the king of Castile; anil it' there was no male, the queen of Leon ought to be preferred as the eldest. To this the messengers said, " The brother's sons .night not to succeed him, as the brother was not living when the sentence was pronounced, and the sister of his nephew, Arthur, ought not to succeed him, because she was not his lineal descendant, although the daughter of his brother ; likewi.-e the' me.ther of Otho was not living at the time of the sentence, therefore


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