A Translation of Glanville: To which are Added Notes

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J. Byrne, 1900 - Law - 306 pages
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Page lii - For the English Laws, although not written, may as it should seem, and that without any absurdity, be termed Laws, (since this itself is a Law—that which pleases the Prince has the force of Law) 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...
Page 248 - Westminster, on ,) to shew wherefore he hath not done it; and have there the names of the summoners, and this writ. Witness ourself at Westminster, the day of in the year of our reign.
Page 150 - Roman laws consider such son as the lawful heir, yet, according to the law and custom of this realm, he shall in no measure be supported as heir in his claim upon the inheritance, nor can he demand the inheritance by the law of the realm. But yet, if a question should arise whether such son was begotten or born before marriage or after, it should, as we have observed, be discussed before the ecclesiastical Judge, and of his decision he shall inform the King or his justices ; and thus, according to...
Page 45 - Assise is a certain royal benefit bestowed upon the people, and emanating from the clemency of the prince, with the advice of his nobles. So effectually does this proceeding preserve the lives and civil condition of Men, that every one may now possess his right in safety, at the time that he avoids the doubtful event of the Duel.
Page xxxi - Bat 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 Tractates de Legibnset Consuetadimbus Anglto, composed about the year 1181.
Page 53 - Assize," says Glanville, in describing the manner of holding the Assize, " proceeds to make the recognition, the right will be well known, either to all the jurors, or some may know it and some not, or all may be alike ignorant concerning it. If none of them are acquainted with the truth of the matter, and this be testified upon their oaths in court, recourse must be had to others, until such can be found who do know the denarios ; et ad festum apostoloruru Petri et Pauli ix solidos et ij denarios.
Page xlvii - Having stated this as the limit of his plan, the author very rarely travels out of it. Glanville's treatise consists of fourteen books ; the first two of which treat of a writ of right, when commenced originally in the curia regis, and carry the reader through all the stages of it, from the summons...
Page 208 - And the frauds which have arisen, since the exchange of these public and notorious conveyances for more private and secret bargains, have well evinced the wisdom of our ancient law.
Page 46 - This assise, indeed, allows not so many essoins as the duel, as will be seen in the sequel; and by this course of proceeding both the labor of men and the expenses of the poor are saved. Besides, by so much as the testimony of many credible witnesses in judicial proceedings preponderates over that of one only, by so much greater equity is this institution regulated than that of the duel.
Page 162 - This is a final concord made in the court of our lord the king, at Westminster, on the vigil of the blessed Peter the apostle, in the thirty-third year of the reign of Henry II.

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