A Translation of Glanville

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J. Byrne & Company, 1900 - Common law - 306 pages
 

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Page xxxviii - I mean, those Laws which it is evident were promulgated by the advice of the Nobles and the authority of the Prince, concerning doubts to be settled in their Assembly. For, if from the mere want of writing only, they should not be considered as Laws, then, unquestionably, writing would seem to confer more authority
Page xxxix - upon Laws themselves, than either the Equity of the persons constituting, or the reason of those framing, them. But, to reduce in every instance the Laws and Constitutions of the Realm into writing, would be, in our times, absolutely impossible, as well on account of the ignorance of writers, as of the confused multiplicity of the Laws.
Page xix - that in no country of Europe was there " at that time, any collection of Customs, " nor had any attempt been made to render " Law fixed. The first undertaking of that " kind was by Glanville, Lord Chief Justice " of England, in his Tractatus de
Page 247 - shall make you secure of prosecuting his claim, " then, summon by good Summoners, twelve free and " lawful Men of the Neighbourhood of such a Vill, " that they be before me, or my Justices, on such a " day, prepared on their oath to return, if
Page 115 - than the power of wantonly disinheriting the Heir by " will, and transferring the Estate, through the dotage or caprice " of the Ancestor, from those of his blood to utter strangers. " For this, it is alleged, maintained the balance of property, and
Page 149 - UPON this subject it has been made a question whether if any one was begotten or born before his Father married the Mother, such Son is the lawful Heir, if the Father afterwards married his Mother? Although, indeed, the Canons and the Roman Laws consider such Son as the lawful Heir,
Page xxxvi - is evident, since the Court of his Highness is regulated with so strict a regard to Equity, that none of the Judges have so hardened a front, or so rash a presumption, as to dare to deviate, however slightly, from the path of Justice, or to utter a sentence, in any measure contrary to the truth.
Page 130 - younger son, and a Grandson, the Child of his Eldest son, great doubt exists, as to which of the two the Law prefers in the succession to the other, whether the Son or the Grandson. Some think, the Younger Son has more right to the Inheritance than
Page 39 - but, with respect to himself, he may be admitted, either in defending his own body, or in prosecuting any atrocious personal injury, as being a violation of the King's Peace. He may also defend by Duel his right to his own Fee and Inheritance. The Duel being finished, a fine of
Page xxvii - advanced in its political progress. The " internal Evidence (were it my province " to examine it) by which this theory might "be refuted is in my opinion decisive. " The external circumstances, which have " seduced Scottish Authors into this

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