United States or Guinea-Bissau ? Vote for the TOP Country of the Week !
15 De tribus alijs Ecclesiis, et specialiter de Templo Domini. 16 De pluribus locis sacris extra vrbem. 17 De sacris locis extra muros ciuitatis. 18 De alijs locis notabilibus. 19 De Nazareth et Samaria. 20 De Territorio Galileae et Samariae. 21 De secta detestabili Sarracenorum. 22 De vita Mahometi. 23 De colloquio Authoris cum Soldano.
With the advent of this enlightened procedure, the secta soon ceased to decide the case, and it may well be asked why it did not disappear and leave no traces.
This had more or less taken place in Glanvill's time, and then all that a party had to do was to produce the writing and satisfy the court by inspection that the impression on the wax fitted his opponent's seal. /1/ The oath of the secta could always be successfully met by wager of law, /2/ that is, by a counter oath the part of the defendant, with the same or double the number of fellow-swearers produced by the plaintiff.
"No wonder they felt that the usual tenure is too short for all that a man might accomplish, did he live well and wisely enough to do justice to all the powers with which nature has endowed him. I am myself inclined to think that the 'Tree of Life' exists, perhaps its leaves are the 'leaves of the Daura, for which that excellent fellow Matt Peke is looking. Or it may be the 'Secta Croa'!"
And Glanvill shows that in his time the King's Court did not enforce such agreements. /1/ Now, if the oath of the secta could only be used to establish a debt where the transaction witnesses could have sworn, it will be seen, readily enough, how an accident of procedure may have led to a most important rule of substantive law.
Cato is to him a peg on which to hang the virtues and paradoxes of the school. But none the less is the sketch he gives a truly noble one: "Hi mores, haec duri immota Catonis Secta fuit, servare modum finemque tenere, Naturamque sequi, patriaeque impendere vitam, Nec sibi sed toti genitum se credere mundo."
There aint no sich thing. But jackass or no, I'm of a mind to think there is such things as both the 'Daura' an' the 'Secta Croa, if I on'y knew the English of 'em. An' s'posin' I ivir found 'em "
Their works are therefore filled with complaints of the secta diabolica de Calvino y de Lutero, and against the heretics of Dutch Guiana, who also think fit sometimes to go on missions, and spread the germs of social life among the savages.
The defence in debt where there was no deed was by wager of law. /2/ A section of Magna Charta was interpreted to prohibit a man's being put to his law on the plaintiff's own statement without good witness. /3/ Hence, the statute required witness that is, the secta in every case of debt where the plaintiff did not rely upon a writing.
But Glanvill also seems to admit the use of witness to establish debts. /1/ As the transaction witnesses were formerly available for this purpose, I see no reason to doubt that they still were, and that he is speaking of them here also. /2/ Moreover, for a long time after Henry II., whenever an action was brought for a debt of which there was no written evidence, the plaintiff, when asked what he had to show for it, always answered "good suit," and tendered his witnesses, who were sometimes examined by the court. /3/ I think it is not straining the evidence to infer that the "good suit" of the later reports was the descendant of the Saxon transaction witnesses, as it has been shown that Glanvill's secta was. /4/
Word Of The Day