But, if the Purchaser should call an uncertain Warrantor, in such case,
if he have sufficient proof of its being a lawful purchase, that shall
discharge him from the Felony.[406] Yet it shall not protect him from
the loss, I mean, of the thing in question. But, if upon this point he
has not a sufficient suit, he is in danger.
[Footnote 406: No Man, says a Law of the Confessor, shall purchase
any thing without the City gate, but shall have the testimony of the
Prefect of the City, or of some other respectable person, who can be
confided in. (LL. Ed. Conf. 1.) A Law of his predecessor Æthelstan is
nearly in the same words, except that it tacitly permits purchases
without the City Gate, if they did not exceed twenty _denarios_. (LL.
Æthelst. 12.) Some of the Laws of Edgar are admirably adapted to effect
the same object, (LL. Sup. Eadg.) which appears to be constantly kept
in view by the different Legislators, who preceded Henry the Second.]
Debts arising either from a purchase or a borrowing are usually
substantiated by the general mode of proof in Court; in other words,
either by a Writing, or by Duel.
CHAP. XVIII.
A debt sometimes arises from a Letting out and a Hiring:[407] as
when any one lets out a thing to another for a certain period, in
consideration of receiving a certain reward. In such case, the former
is bound to concede the use of the thing, and the latter to pay the
price. But, it should be observed, upon the expiration of the term
stipulated, the former may lawfully and of his own authority resume
possession of his property.[408] But, if the person engaging to hire
the thing should not pay the price at the appointed time, it may
be asked, whether the other party can in such case forcibly resume
possession by his own authority?
[Footnote 407: _Ex locato_ and _ex conducto_. “_Locatio conductio_,”
says Dr. Wood, “is one word.” _Locator_ is he that lets out to hire,
_conductor_ he that hires. (Justin. Inst. 3. 25. pr.)]
[Footnote 408: _Si etiam vacuam invenerit et non obligatam._ (Bracton
62. b.)]
But we briefly pass over the foregoing Contracts, arising as they do
from the consent of private individuals; because, as it has already
been observed, the King’s Court does not usually take cognizance of
them; nor, indeed, with such Contracts, as may be considered in the
light of private Agreements, does the King’s Court intermeddle.
Book XI.
OF ATTORNIES, WHO ARE PUT IN THE PLACE OF THEIR PRINCIPALS
IN COURT, TO GAIN OR LOSE FOR THEM.
CHAP. I.
The Suits discussed in the former part of this Treatise concern the
Right and Propriety of the thing, which a person may prosecute,
as indeed, some other Civil Pleas, as well by himself, as by an
Attorney[409] put in his place to gain or lose. But the person, who
thus puts another in his place, ought to be present[410] in Court.
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