Sunday, 4 November 2012

Lyttleton's Comments: Constitutions Clause 15

George Lyttelton (1767). The History Of The Life of King Henry the Second,  Notes to the Second and Third Books.  Sandby and Dodsley. pp. 142-3.

Pleas of debt, whether they be due by faith solemnly pledged, or without faith so pledged, belong to the king's judicature. 

The clergy of England began first in the reign of King Stephen to extend their jurisdiction in the spiritual courts to the trial of persons for breach of faith (pro laesione fidei) in civil contracts by which means they drew thither a vast number of causes which belonged to the civil courts, and of which they had no proper cognisance. To this encroachment they were instigated by the bishops of Rome, and therefore Alexander condemned the above-recited statute, which was made to prevent it.

Contracts in Early English Law
by Frederick Pollock
Harvard Law Review, Vol. 6, No. 8 (Mar. 15, 1893), pp. 389-404
Published by: The Harvard Law Review Association
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