The History of English Law Before the Time of Edward I.
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o. 17, permitted the plaintiff to contradict it.
In 15 Edw. III. Fitz. Abr. Brief, 822, the absurdity of the rule is shown :— ' It is hard ; for a man may confess himself villein to his father or his cousin, and then next day get a release from him.' ' Yes it is hard,' is the reply, 'but it is law.' CH. II. § 3.] The Unfree. 409 of pleading made a lord assert that he had been seised of the grandfather and great-great-grandfather of the man whose liberty was in dispute. Opinion might fluctuate a...bout this question, because procedural rules prevented it from being often brought to a decision. The general rule as to the means by which free or servile status could be conclusively proved was that it must be proved per parentes. If the burden of proof lay on the person whose status was in question, he had to produce free kinsmen ; if it lay on the would-be lord, he had to produce kinsmen of the would-be free man who would confess themselves serfs. A mere verdict of the country might settle the question provisionally and, as we may say, for possessory purposes, but could not settle it conclusively except as against one who had voluntarily submitted to this test.
What to read after The History of English Law Before the Time of Edward I.?
You can find similar books in the "Read Also" column, or choose other free books by Maitland, Frederic William, 1850-1906 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
o. 17, permitted the plaintiff to contradict it.
In 15 Edw. III. Fitz. Abr. Brief, 822, the absurdity of the rule is shown :— ' It is hard ; for a man may confess himself villein to his father or his cousin, and then next day get a release from him.' ' Yes it is hard,' is the reply, 'but it is law.' CH. II. § 3.] The Unfree. 409 of pleading made a lord assert that he had been seised of the grandfather and great-great-grandfather of the man whose liberty was in dispute. Opinion might fluctuate a...bout this question, because procedural rules prevented it from being often brought to a decision. The general rule as to the means by which free or servile status could be conclusively proved was that it must be proved per parentes. If the burden of proof lay on the person whose status was in question, he had to produce free kinsmen ; if it lay on the would-be lord, he had to produce kinsmen of the would-be free man who would confess themselves serfs. A mere verdict of the country might settle the question provisionally and, as we may say, for possessory purposes, but could not settle it conclusively except as against one who had voluntarily submitted to this test.
What to read after The History of English Law Before the Time of Edward I.?
You can find similar books in the "Read Also" column, or choose other free books by Maitland, Frederic William, 1850-1906 to read onlineMoreLess
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