[103] Vide Bracton 130. s. 19, 20.—Fleta 43. s. 4. and Britton c. 5. s. 7. and Infra, [L. 7]. [c. 17]. &c.
[104] But the Cottonian and Dr. Milles’s MSS. concur in stating it to be, to the Vicinage. That the printed text of Glanville is correct, seems unquestionable, as he mentions a reference to the Vicinage, after that to the kindred had failed. All this is clear: but according to the MS. alluded to, a reference must be made to the Vicinage, after the Vicinage, which is assuredly absurd. To this may be added, that the printed text corresponds with another part of Glanville, where an object, not altogether dissimilar, is in view. Vide L. 5. c. 4.
[105] Mr. Reeves thinks the term magna in the present passage an interpolation, because the Cottonian, Bodleian, and Harleian MSS. omit the word. It is with reluctance I differ from a writer, to whom the profession is under such very considerable obligations—but I submit, 1st, That the word magna had occurred in the preceding chapter, and all these MSS. had concurred in admitting it. 2ndly, That the connection of the subject shews the Assise spoken of in the two places, to be one and the same proceeding. 3rdly, That in numberless other passages our author characterises this Assise by the term magna, and most, if not all, of the MSS. admit it in such passages. 4thly, That the Regiam Majestatem, the Mirror, the Diversity of Courts, Bracton, Fleta, Lord Coke, Judge Blackstone, Cowell, Spelman, Madox, and many others, always speak of this proceeding under the term Grand Assise; and lastly, that as the word assisa had a variety of meanings, it seems no less consistent with clearness of expression, than compatible with the dignity of a proceeding, intended in its object to effect so remarkable a revolution in our judicial polity, as the abolishing of the Duel, to attach some honorable term of distinction to it.
[106] Status integritati tam salubriter. Our Author alludes to the consequences that befel the conquered champion: he lost his life, or his law &c. But, in losing his law, his condition or state in society, as a civil character, was affected, being no longer capable of waging the Duel for another &c. The Assise, says he, is so regardful of the lives of men—of their condition, as civil Beings, that it exposes neither the one nor the other to any danger.
The whole chapter is sufficiently crabbed and quaint: indeed, the most difficult parts of the whole work are those in which the author has aimed at being elegant.
This observation applies with particular force to our Author’s [Preface].
[107] See Note page 40.
[108] Sextarii. Vide Spelm. Gloss. ad vocem.
[109] Stikis. A stike seems to be 25, sic dicta quod trajecto vimine, (quod stic dicimus) connectebantur. (Spelm. Gloss. ad voc. stica.)
[110] Vide F.N.B. 9.