Lectures on Scotch Legal Antiquities (Google eBook)

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Edmonston and Douglas, 1872 - Law - 326 pages
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Page 46 - Aut trudit acris hinc et hinc multa cane Apros in obstantis plagas, Aut amite levi rara tendit retia, Turdis edacibus dolos, Pavidumque leporem et advenam laqueo gruem 35 lucunda captat praemia.
Page 27 - Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious. A lawyer now is nothing more (I speak of ninetynine in a hundred at least), to use some of Tully's words, "nisi leguleius quidem cautus, et acutus praeco actionum, cantor formularum, auceps syllabarum.
Page 27 - There will be none such any more, till in some better age, true ambition or the love of fame prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the vantage ground...
Page 28 - ... vantage grounds, to which men must climb, is metaphysical, and the other historical knowledge. They must pry into the secret recesses of the human heart, and become well acquainted with the whole moral world, that they may discover the abstract reason of all laws: and they must trace the laws of particular states, especially of their own, from the first rough sketches to the more perfect draughts; from the first causes or occasions that produced them, through all the effects, good and bad, that...
Page 26 - I might instance, in other professions, the obligations men lie under of applying themselves to certain parts of history, and I can hardly forbear doing it in that of the law ; in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious. A lawyer now is nothing more, I speak of ninety-nine in a hundred at least...
Page 27 - ... so my Lord Bacon calls it, of science; instead of grovelling all their lives below, in a mean, but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions; and whenever it happens, one of the vantage grounds to which men must climb, is metaphysical, and the other historical, knowledge.
Page 155 - Innes.J • the land held in common was of vast extent. In truth, the arable— the cultivated land of Scotland, the land early appropriated and held by charter — is a narrow strip on the river bank or beside the sea. The inland, the upland, the moor, the mountain, were really not occupied at all for agricultural purposes, or served only to keep the poor and their cattle from starving.
Page 47 - ... and order of service. One curious point of the service of the sucken was the bringing home of the millstones. Considering that there were few or no roads, the simplest arrangement was to thrust a beam or a young tree through the hole of the mill-stone, and then for the whole multitude to wheel it along upon its edge — an operation of some difficulty and danger in a rough district.
Page 53 - I think there is no evidence of a custom so odious existing in England ; and in Scotland, I venture to say that there is nothing to ground a suspicion of such a right. The merchet of women with us was simply the tax paid by the different classes of bondmen and tenants and vassals, when they gave their daughters in marriage, and thus deprived the lord of their services, to which he was entitled jure tanguinis.
Page 257 - And again, at p. 257, he writes :— " Under the head of ' customs ' are included several commodities, in small quantities. These are generally a mart or ox, to be killed at Martinmas, two or three wedders or muttons, ae many lambs, grice or young pigs, geese, capons, and poultry, chickens, eugs, and, almost universally, the ancient tax of a reek hen or a hen for every fire-house.

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