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24)
Common Law.
reviewed already.
A The 9th example then is that branch of Common Law
which was if this is to be believed provides, that there shall be 4 superior Courts
of Record, the Chancery, the King's Bench, the
Common Pleas, and the Exchequer. For the account
of the institution of these Courts in times posterior
even to those of Henry the second I may refer to
our Author himself says of the matter in another volume.† † Vol. III. ch.4. p.37. & seq. The Common
Pleas in particular, was established as every body knows,
[in no respect by] not by Common Law, but by a Statute; by
Magna Charter.
A The 10th is that which provides "that the eldest son alone is heir to his
Ancestor". This example is included in the 1st.
The 11th is, that which provides "that property may be acquired and transferred
y writing". This example is included in the 2d.
A The 12th is that which provides "that a deed is of no validity unless sealed
and delivered. This example is included in a manner under the 3d No
Remark that the Saxons used no scale.‡ ‡ See Riches's Thesaurus Vol. ch. also what our Author himself says Vol. II. ch. 20. p,305.
A The 13th is, that according to which "Wills shall be construed more favourably and Deeds more strictly. These is examples are included under the 4th and 5th.
A The 14th is, that which provides that money lent upon bond is recoverable
by an action of debt. If by this no more is meant than
an article which provides in general that money of the lending
of which there is written evidence shall be recoverable
some how or other, an article to this effect may be of
what antiquity our Author pleases. He need not stop
at the Saxons, but may derive it if he pleases from the Egyptians
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