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Bracton and His Relation to the Roman Law. a Contribution to the History of ...
Carl Guterbock,Brinton Coxe
No preview available - 2013
according acquisition actions Anglia appears assisa author authorities authority Azo's Biener book Brac Bracton Bracton's work called Canon law case cases causa Chapter character cited civil commentary Common law concerning connected considered courts derived development different distinction division doctrine donatio England English law especially evidently fact feudal find first Fleta following foreign former forms found general given Glanville great guerram Henry history however importance important incipiente influence inquisitio Institutes judges judicial jure king known land latter legal made Magna Charta mentioned merely movables name necessary note obligatio only passage Pateshull period person place possession possessory practical principles procedure property provisions question quse Reeves regard regis reign relation remarks right Roman law rules same says second seems Selden servitutes sine sources Spence statute subject system taken these things three time tion tract traditio true upon used view were words written year years
Page 141 - ... of the horse contrary to the trust he was lent to him under, and it may be if the horse had been used no otherwise than he was lent, that accident would not have befallen him. This is mentioned in Bracton, ubi supra. His words are : "Is autem cui res aliqua utenda datur, re obligatur, quae...
Page 58 - The reader, instead of getting the impression that sometimes domestic and sometimes foreign materials are presented to him, finds before him the picture of an indivisible homogeneous whole, in...
Page 142 - ... his honesty. A fortiori he shall not be charged, where they are stolen without any neglect in him. Agreeable to this is Bracton, lib. 3, c. 2, 99, b.
Page 29 - Dominum expectet ultorem . . . nisi sit qui dicat quod universitas regni et baronagium suum hoc facere debeat et possit in curia ipsius regis ;
Page 83 - ... nascitur, id est nepos tuus et neptis, aeque in tua sunt potestate, et pronepos et proneptis, et deinceps ceteri.
Page 104 - Praeterea quod per alluvionem agro tuo flumen adjecit, jure gentium tibi adquiritur. Est autem alluvio incrementum latens. Per alluvionem autem id videtur adjici, quod ita paulatim adjicitur, ut intellegere non possis, quantum quoquo momento temporis adjiciatur.
Page 62 - ... was incumbent to instruct the inferior judges in regard to the law in doubtful and omitted cases. A legal principle enunciated by that court had authority beyond the particular case in which it was laid down, and became, by means of its actual use, part of the jus non scriptum^ cotutietudinariwn.
Page 142 - Creditor, qui pignus accepit, re obligatur, et ad illam restituendam tenetur ; et cum hujusmodi res in pignus data sit utriusque gratia, scilicet debitoris, quo magis ei pecunia crederetur, et creditoris quo magis ei in tuto sit creditum, sufficit ad ejus rei custodiam diligentiam exactam adhibere, quam si prsestiterit, et rem casu amiserit, securus esse possit, nee impedietur creditum petere.
Page 61 - ... by the universities and the Oxford School of Civil Law, the recognition of the Roman law in the clerical courts, whose jurisdiction extended over a class of civil matters, and the personal influence of the higher judges, who mostly belonged to the clergy, and were therefore versed in the Roman law. Above all, however, was the necessity of supplying the defects of the common law, which had become manifest from the growth of trade, the increase of intercourse, and the greater importance of movable...