The Origin of the English Constitution
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The sources do not distinguish between them and this is evidently due to the fact that contemporaries made in their own minds no distinction between them unless it be that of size. They use no other distinguishing words until differ- entiation of business has made considerable progress. If such a distinction was made we should look for it, I think, most confi- dently in such treatises as Glanvill and the Dialogus de Scac- [195] ORIGIN OF THE ENGLISH CONSTITUTION carlo. But there is no hint that... the writer of either book per- ceived any difference. Glanvill indicates clearly enough the existence of courts different in the circumstances and place of their meeting, and in their makeup, but all are called alike curia regis and no difference between them in jurisdiction or compe- tence is suggested. Reference of a difficult question to king and council (Gesta, I. 207-208) does not imply a difference of juris- diction, rather the contrary. So in the Dialogus, if a distinction in competence or function had been in mind it would almost cer- tainly have been indicated, directly or indirectly, in I.
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To quickly assess the difficulty of the text, read a short excerpt:
The sources do not distinguish between them and this is evidently due to the fact that contemporaries made in their own minds no distinction between them unless it be that of size. They use no other distinguishing words until differ- entiation of business has made considerable progress. If such a distinction was made we should look for it, I think, most confi- dently in such treatises as Glanvill and the Dialogus de Scac- [195] ORIGIN OF THE ENGLISH CONSTITUTION carlo. But there is no hint that... the writer of either book per- ceived any difference. Glanvill indicates clearly enough the existence of courts different in the circumstances and place of their meeting, and in their makeup, but all are called alike curia regis and no difference between them in jurisdiction or compe- tence is suggested. Reference of a difficult question to king and council (Gesta, I. 207-208) does not imply a difference of juris- diction, rather the contrary. So in the Dialogus, if a distinction in competence or function had been in mind it would almost cer- tainly have been indicated, directly or indirectly, in I.
What to read after The Origin of the English Constitution?
You can find similar books in the "Read Also" column, or choose other free books by Adams George Burton to read onlineMoreLess
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