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Updated: June 27, 2025
The second part of Glanvill's Sadducismus Triumphatus is full of these depositions. For a full account of this affair see Glanvill's Sadducismus Triumphatus, pt. ii, preface and Relation I. Glanvill had investigated the matter and had diligently collected all the evidence. He was familiar also with what the "deriders" had to say, and we can discover their point of view from his answers.
Already in Glanvill's time the usual modes of proving a debt were by the duel or by writing. /2/ A hundred years later Bracton shows that the secta had degenerated to the retainers and household of the party, and he says that their oath raises but a slight presumption. /3/
Written probably by Richard Fitz Neal, of the third generation of that great administration family founded by Roger of Salisbury and restored to office by Henry II, the book gives us a view from within of the financial organization of the reign as enlightening as is Glanvill's treatise on the common law.
It is easy for us to forget the theological background of seventeenth-century English thought. The truth is that Glanvill's theories were much more firmly grounded on the bedrock of seventeenth-century theology than those of his opponents.
Middleton is rare, and his own wife do brave things. He brought me to the office, whither comes unexpectedly Captain Cocke, who hath brought one parcel of our goods by waggons, and at first resolved to have lodged them at our office; but then the thoughts of its being the King's house altered our resolution, and so put them at his friend's, Mr. Glanvill's, and there they are safe.
Of such a kind are the various monastic cartularies, law-books like Glanvill's, records like the Patent, Close, and Charter Rolls, collections of letters, and modern collections of documents like T. Rymer's Foedera or J.H. Round's Calendar of Documents Preserved in France. The Conquest had no effect on its language, and it continued to be written in English until the end.
This time-honored contract, like the other debts of Glanvill's time, could be established by witness without a writing, /2/ and in this case there was not such a consideration, such a benefit to the promisor, as the law required when the doctrine was first enunciated.
Glanvill's removing of faggots to make room to remove our goods to, but when done I thought it not fit to use it. 10th. Up, and receive a stop from the Duke of Albemarle of setting out any more ships, or providing a pleasure boat for himself, which I am glad of, and do see, what I thought yesterday, that this resolution of his was a sudden one and silly.
Glanvill's removing of faggots to make room to remove our goods to, but when done I thought it not fit to use it. 10th. Up, and receive a stop from the Duke of Albemarle of setting out any more ships, or providing a pleasure boat for himself, which I am glad of, and do see, what I thought yesterday, that this resolution of his was a sudden one and silly.
We should call it a contract, but it probably presented itself to the mind of Glanvill's predecessors simply as a duty or obligation attached by law to a transaction which was directed to a different point; just as the liability of a bailee, which is now treated as arising from his undertaking, was originally raised by the law out of the position in which he stood toward third persons.
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