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Updated: June 9, 2025
To this it was objected, that to abrogate our whole system would be a bold measure, and probably far beyond the views of the legislature; that they had been in the practice of revising, from time to time, the laws of the colony, omitting the expired, the repealed, and the obsolete, amending only those retained, and probably meant we should now do the same, only including the British statutes as well as our own: that to compose a new Institute, like those of Justinian and Bracton, or that of Blackstone, which was the model proposed by Mr.
Nevertheless, seeing it appears by Bracton, that of earldoms and baronies it was wont to be said that the whole kingdom was composed, as also that these, consisting of 60,000 knights' fees, furnished 60,000 men for the King's service, being the whole militia of this monarchy, it cannot be imagined that the vavasories or freeholds in the people amounted to any considerable proportion.
Her kinsman, Lord Chelford, did so; and now handsome Sir Harry Bracton, six feet high, so broad-shouldered and slim-waisted, his fine but not very wise face irradiated with indefatigable smiles, stood and conversed with her, with that jaunty swagger of his his weight now on this side, now on that, squaring his elbows like a crack whip with four-in-hand, and wagging his perfumed tresses boisterous, rollicking, beaming with immeasurable self-complacency.
In this work the student is presented with all that is necessary that he should know of the earliest law-books, Bracton, Glanville, and Fleta, carefully collected and presented. The history of the law is separately traced under the reign of each king, and it may be of advantage to read at the same time some good history or histories of England parallel with the work.
We must take it that easements have become an incident of land by an unconscious and unreasoned assumption that a piece of land can have rights. It need not be said that this is absurd, although the rules of law which are based upon it are not so. Absurd or not, the similes as well as the principles of the Roman law reappear in Bracton.
This he did mainly by setting forth what were the rules of the Roman law on the subject, but not referring to their Roman origin, and quoting them, so far as he could, from Bracton, an English legal writer of the thirteenth century, who had also stated them as English law.
'Nova constitutio futuris formam imponere debet, et non praeteritis. The maxim in Bracton was taken from the civil law, for we find in that system the same principle, expressed substantially in the same words, that the law- giver cannot alter his mind to the prejudice of a vested right. 'Nemo potest mutare concilium suum in alterius injuriam."
So Bracton says an action is in rem "whether it is for the principal thing, or for a right which adheres to the thing, ... as when one sues for a right of way, ... since rights of this sort are all incorporeal things, and are quasi possessed and reside in bodies, and cannot be got or kept without the bodies in which they inhere, nor in any way had without the bodies to which they belong." /3/ And again, "Since rights do not admit of delivery, but are transferred with the thing in which they are, that is, the bodily thing, he to whom they are transferred forthwith has a quasi possession of those rights as soon as he has the body in which they are." /4/
'I think so, said the baronet, in a bluff, firm way. 'Well, the fact is, when I represent a client, Sir Mulgrave Bracton, of a certain rank and position, I make it a principle and, as a man of business, I find it tells to present myself in a style that is suitably handsome. 'Oh! an expensive house where was this, now?
They bowed, and stood, grinning, near the door; and the urbane and cordial captain, with all a candidate's good fellowship, shook them both by the hands, and heard their story; and an exciting one it was. Sir Harry Bracton had actually invaded the town of Gylingden. There was a rabble of the raff of Queen's Bracton along with him.
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