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Updated: June 9, 2025
And therefore it would seem that in such a case the tenant could refuse to pay him rent, and that payment to him would be no defence against the true owner. /1/ Nevertheless, if the tenant recognized him, the disseisor would be protected as against persons who could not show a better title. /2/ Furthermore, the rent was so far annexed to the land that whoever came by the reversion lawfully could collect it, including the superior lord in case of escheat. /3/ Yet escheat meant the extinction of the fee of which the lease and rent were parts, and although Bracton regarded the lord as coming in under the tenant's title pro herede, in privity, it was soon correctly settled that he did not, but came in paramount.
His barouche was to be smashed, and burnt on the green; his white topcoat and hat were to clothe the effigy, which was to swing over the bonfire. The captured Bracton banners were to hang in the coffee-room of the 'Silver Lion, to inspire the roughs. What was to become of the human portion of the hostile pageant, Tom, being an official person, did not choose to hint.
The inns of court of London became virtually a legal university, where highly trained men studied a juristic system, which was not the less purely English in spirit because its practitioners used the French tongue as their technical instrument. There were no longer lawyers in England who, like Bracton, strove to base the law of the land on the forms and methods of Roman jurisprudence.
'But really, Radie, dear, you can't need any confirmation more than this evening affords. We both know Dorcas very well; she is not like other girls. She does not encourage fellows as they do; but if she did not like Bracton very well indeed, she would send him about his business.
Coke makes various references, in his margin to Bracton, Fleta, and other authorities, which I have not examined, but which, I presume, support the opinion expressed in this quotation. Mirror of Justices, ch. 5, sec. 2, p. 257.
Deputed authority, guardianship, &c, not known to the Northern nations; they gained this idea by intercourse with the Romans. Jud. Civ. Lund. apud Wilk. post p. 68. Spelman of Feuds, ch. 5. Fuerunt etiam in conquestu liberi homines, qui libere tenuerunt tenementa sua per libera servitia vel per liberas consuetudines. For the original of copyholds, see Bracton, Lib. I. fol. 7.
Stephen might not know Law Latin, but he had read Bracton and Glanville and Coke; he knew French and had read Latin at Aberdeen; he had been educated, it was true, in some 'paltry principles of honour and honesty, while the benchers had learnt 'more useful lessons; he had written letters to Wilkes copied in all the papers; he had read Locke, could 'harangue for hours upon social feelings, friendship, and benevolence, and would trudge miles to save a family from prison, not considering that he was thereby robbing the lawyers and jailors of their fees.
The same word was used in alleging a right by prescription, "that he and those whose estate he hath have for time whereof memory runneth not to the contrary," &c.; and it will be remembered that the word corresponds to the same requirement of succession there. To return to Bracton, it must be understood that the description of assigns as quasi heredes is not accidental.
With a fixed and wrathful stare Rachel returned the enigmatical gaze of her beautiful cousin. 'If Stanley dies, Dorcas, Sir Harry Bracton shall hear of it. I'll lose my life, but he shall pay the forfeit of his crime. So saying, Rachel left the room, and gliding through passages, and down stairs, she knocked at Stanley's door. The old woman opened it. 'Ah, Dorothy!
Excusable homicides are by misadventure, or in self-defence. It is the opinion of some lawyers, that the Common law punished these with death, and that the statute of Marlbridge, c. 26. and Gloucester, c. 9. first took away this by giving them title to a pardon, as matter of right, and a writ of restitution of their goods. See 2 Inst, 148. 315; 3 Inst. 55. Bracton, L. 3. c. 4. § 2.
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