The History of English Law Before the Time of Edward I. (Volume 2) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1898. Not illustrated. Excerpt: ... of law, is stated in abstract terms. We have above set forth the notable judgment in which Edward I.'s court inferred that adultery had been committed and gave its reasons for refusing to send the question to a jury1. One other example must suffice: ' And for that Ralph the would-be lord who is claiming Thomas as his villein] has avowed his writ and his count and has produced as suit but one male and two women, and for that the said women are not to be admitted to proof because of their frailty, and also because a male, who is a worthier person than females, is being claimed, therefore it is considered that the said Thomas and his heirs do go hence quit and free of the said p. 609] Ralph and his heirs for ever, and that Ralph be in mercy3.' We may regret that such recitals are not found upon the rolls of a later day: the Year Books hardly supply their place*. Caution of The justices of Edward I.'s time seem to have been cautious e ju es. men. jhey were exceedingly unwilling to decide nice points of law. When in turning over their records we come upon a case which raises a pretty question, our hopes are too often dashed by a Concordati sunt, which tells us that the parties after all their pleadings have made a compromise. Bracton advises the justices of assize to induce the litigants to make peace if the jurors can not give a clear and decisive verdict*. The king's court knew that to lay down a new rule was no light matter, though it could not know that it was fashioning law for many centuries and for many lands. Last That we have written at wearisome length of one short, oras- period of legal history, this is an accusation that we could not 'defend' with a thwert-ut-nay, while an attempt to confess and avoid it might aggravate our guilt. But whatever this book may ...