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Updated: June 9, 2025
Larkin's, was old Sir Mulgrave Bracton the defunct parent of the Sir Harry, with whom we are acquainted. 'Don't you think, Mr. Larkin, you could perhaps reduce this, just a little? 'Ah, the expenses? 'Well, yes. Mr. Jos.
'Well, you know, Radie, women like wicked fellows: it is contrast, I suppose, but they do; and I'm sure, from what Bracton has said to me I know him intimately that Dorcas likes him, and I can't conceive why they are not married. 'It is very happy, for her at least, they are not, said Rachel, and a long silence ensued.
I merely heard that there had been some trifling altercation in the supper-room; and when, intending to make peace between them, I alluded to it, just before we left, and Bracton said it was really nothing quite blown over and that he could not recollect what either had said. I was entirely deceived you know I speak truth quite deceived.
The morning yes, the morning what then? Should he live to see the evening? Sir Harry Bracton was the crack shot of Swivel's gallery. He could hit a walking-cane at fifteen yards, at the word. There he was, talking to old Lady Chelford.
An eye for an eye, and a hand for a hand, will exhibit spectacles in execution, whose moral effect would be questionable; and even the membrum pro membro of Bracton, or the punishment of the offending member, although long authorized by our law, for the same offence in a slave, has, you know, been not long since repealed, in conformity with public sentiment. This needs reconsideration.
There is no doubt about the later law, as has been said at the outset. We have thus traced two competing and mutually inconsistent principles into our law. On the one hand is the conception of succession or privity; on the other, that of rights inhering in a thing. Bracton seems to have vacillated a little from a feeling of the possibility of conflict between the two.
The advice of the elders to young men is very apt to be as unreal as a list of the hundred best books. At least in my day I had my share of such counsels, and high among the unrealities I place the recommendation to study the Roman law. I assume that such advice means more than collecting a few Latin maxims with which to ornament the discourse the purpose for which Lord Coke recommended Bracton.
It has been shown that the procedure for the recovery of chattels lost against one's will, described by Bracton, like its predecessor on the Continent, was based upon possession.
It was probably nothing more than a slight vagary of reasoning based upon the Roman elements which he borrowed from Bracton. It only remains to trace the gradual appearance of consideration in the decisions. A case of the reign of Edward III. /1/ seems to distinguish between a parol obligation founded on voluntary payments by the obligee and one founded on a payment at the obligor's request.
Each succession was the assumption of a distinct personal relation, in which the successor was to be determined by the terms of the relation in question. The persona which we are seeking to define is the estate. Every fee is a distinct persona, a distinct hereditas, or inheritance, as it has been called since the time of Bracton.
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