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Updated: May 8, 2025
This reign may be taken as representing the time when the divisions and rules of procedure were established which have lasted until the present day. It is therefore worth while to repeat and sum up the condition of the law at that time. It was still necessary that the secta should be tendered in every action of debt for which no writing was produced.
Many years after, an old Madaura grammarian, called Maximus, wrote to him in a tone of loving reproach: "Thou hast drawn away from us" a secta nostra deviasti. Did he wish to hint that at this time Augustin had glided into paganism? Nothing is more unlikely. He himself assures us that the name of Christ remained always "graven on his heart."
Saith not Calvin, In ecclesiæ regimene et scriptura interpretatione, hæc secta primatum tenebat? And in another place, Erat enim quædam Judæorum secta exactiorem patriæ legis cognitionem sibi vendicans? &c. Hi Pharisæi vocantur, genus hominuum astutum, arrogans, et interdum regibus quoque infestum, ut eos etiam aperte impugnare non vereatur?
Moreover there was no other action of contract which could be maintained without a writing. New species of contracts were now enforced by an action of covenant, but there a deed was always necessary. At the same time the secta had shrunk to a form, although it was still argued that its function was more important in contract than elsewhere.
His works were: Commentatiuncula de Mahumetanorum secta; Triumphus crucis, sive de fidei Christianae veritate in four books , de Simplicitate vitae Christianae in five books, and Compendium Revelationis , and many volumes of his discourses, some of which are the rarest treasures of incunabula.
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/
But great changes were beginning in the reign of Henry II. More various and complex contracts soon came to be enforced. It may be asked, Why was not the scope of the witness oath enlarged, or, if any better proof were forthcoming, why was not the secta done away with, and other oral testimony admitted?
In the same way the flower of the secta croa brings a hundred years to those who use it, whether they be of lesser or of longer age. I've been on the 'unt for the 'Daura' iver since I was twenty, an' I've arskt ivery 'yerber I've ivir met for the 'Secta Croa, an' all I've 'ad sed to me is 'Go 'long wi' ye for a loony jackass!
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