Superstition And Force: Essays On the Wager of Law, the Wager of Battle, the ...
Superstition And Force: Essays On the Wager of Law, the Wager of Battle, the ...
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In our eReader you can find the full English version of the book. Read Superstition And Force: Essays On the Wager of Law, the Wager of Battle, the ... Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Superstition And Force: Essays On the Wager of Law, the Wager of Battle, the ...
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' That this was a settled practice is shown by its existence in the earliest text of the law (Tit. lti.), as well as in the latest (L. Emend. Tit. lix.).
It is therefore difficult to understand how Montesquieu could have overlooked it, when, in order to establish his theory that the original Frankish institu- tions admitted no negative proofs, he asserts with regard to the ordeal that ** Cette preuve dtoit une chose de convention, que la loi souffroit, mais qu'elle n'ordonnoit pas" (Esp. des Lo...ix, Lib. xxviii. chap. 16) — a statement con- tradicted by all the monuments, historical and juridical, of the period. His only proof is a somewhat curious custom of the Salien Franks, to which reference is made below.
REGULATIONS OP THE ORDEAL. 251 are generally precise, and admit of no alternative.* Occa- sionally, however, a privilege of selection was afforded between this and other modes of compurgation, and also between the various forms of ordeal.* The circumstances under which its employment was ordered varied considerably with the varying legislations of races and epochs ; and to enter minutely into the ques- tion of the power of the court to decree it, or the right to demand it by the appellant or the defendant, would require too much space, especially as it has already been discussed at some length with regard to the kindred wager of battle.
What to read after Superstition And Force: Essays On the Wager of Law, the Wager of Battle, the ...?
You can find similar books in the "Read Also" column, or choose other free books by Henry Charles Lea to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
' That this was a settled practice is shown by its existence in the earliest text of the law (Tit. lti.), as well as in the latest (L. Emend. Tit. lix.).
It is therefore difficult to understand how Montesquieu could have overlooked it, when, in order to establish his theory that the original Frankish institu- tions admitted no negative proofs, he asserts with regard to the ordeal that ** Cette preuve dtoit une chose de convention, que la loi souffroit, mais qu'elle n'ordonnoit pas" (Esp. des Lo...ix, Lib. xxviii. chap. 16) — a statement con- tradicted by all the monuments, historical and juridical, of the period. His only proof is a somewhat curious custom of the Salien Franks, to which reference is made below.
REGULATIONS OP THE ORDEAL. 251 are generally precise, and admit of no alternative.* Occa- sionally, however, a privilege of selection was afforded between this and other modes of compurgation, and also between the various forms of ordeal.* The circumstances under which its employment was ordered varied considerably with the varying legislations of races and epochs ; and to enter minutely into the ques- tion of the power of the court to decree it, or the right to demand it by the appellant or the defendant, would require too much space, especially as it has already been discussed at some length with regard to the kindred wager of battle.
What to read after Superstition And Force: Essays On the Wager of Law, the Wager of Battle, the ...?
You can find similar books in the "Read Also" column, or choose other free books by Henry Charles Lea to read onlineMoreLess
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