So strangely had this action varied from its first use--which was to
recover damages for wrongful possession of land--that in the result
these were nominally estimated at a shilling; and if A. really wished
to make B. disgorge the spoils of possession, he sued him again for
Mesne Profits. Although the action was nominally "_Doe_ against _Roe_,"
the cases are usually cited as "_Doe on the demise of A._" (the real
plaintiff) "against B." (the real defendant), and whilst John and
Richard were the favourite styles, we have occasionally "_Good Title_
against _Bad Title_": a comically impudent begging of the question
at issue. If the outside public mocked these venerable figures, _par
nobile fratrum_, the suitor did so at his peril. A certain Unitt
(_temp._ George I.), being served with a copy of a Declaration in
Ejectment, "pronounced contemptuous words on the delivery of it," and
the judges in solemn conclave held that he was in contempt, and was
deserving of punishment therefor. So the masque of shadows went on
till 1852, when the Common Law Procedure Act removed an obstacle which
lawyers had walked round for centuries, and consigned John Doe and
Richard Roe to that limbo where so much legal rubbish lies buried under
ever-thickening clouds of dust.
SANCTUARY
Your old-world lawyer was an ardent, if uncritical, antiquary. He
began at the beginning, and where facts ran short his fancy filled
up the blank. In discussing Sanctuary he started with the biblical
cities of refuge. He had something to say of Romulus and the foundation
of Rome. Geoffrey of Monmouth supplied him with the name of a
sovereign--Dunwallo Molmutius to wit--who flourished in Druidical
Britain (B.C. 500 it was said), under whom cities and even
ploughs were arks of refuge for the despairing fugitive. It might have
been objected that the ancient Britons had neither ploughs nor cities;
but such criticism was not yet in the land. We touch firmer ground in
the centuries immediately preceding the Conquest. In early English
legislation churches safeguarded the criminal from hasty vengeance,
and so allowed time to settle the money compensation payable for
his offence. Sanctuary was among the privileges that the Conqueror
conferred upon his foundation of Battle Abbey--one of many cases
wherefrom the Norman lawyers built up a system for mediæval England.
Public-domain text, read in full here on John Shaqi.
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