[365] Patriæ. Vide Spelm. Gloss. ad voc. also 3 Bl. Com. 349. and 375. and Mr. Christian’s Note.
[366] Having already spoken of Amercements, we shall here merely remark that in the reigns of William the Conqueror and his Son Rufus, they were no less immoderate, than oppressive. Henry the First was compelled, by the peculiar difficulties of his situation, to make many concessions.—One of which was, that amercements should no longer be assessed, as they had been in his Father’s and Brother’s reigns, to the extent of the whole property of the offender, but should be proportionate to the crime—sicut retro a tempore patris mei et fratris mei in tempore aliorum antecessorum meorum. (LL. Hen. 1. c. 1.) If these words mean any thing, they imply, that Henry merely restored the Common Law, which his Father and Brother had violated. How ill this concession was observed, we may conjecture, from its having been felt necessary to make it part of the great charter. (See 2 Inst. 27.)
[367] V. Gul. Somn. Notas ad LL. 1. Cap. 1. p. 176. (Al. MS.)
[368] Infra Assisam—That is, says Skene, within the time within which his Action should be pursued, or else to be holden as prescribed. (Reg. Maj. L. 2. c. 74.)
[369] Infra Assisam—lawful time, says Skene, so that the Action of Novel Disseisin is not prescribed. (Reg. Maj. L. 2. c. 74.)
[370] Vide F.N.B. 285.
[371] Vide Ante p. 133. Note 1.
[372] The Terms mutui, venditionis, commodato, locato, deposito, are evidently borrowed from the Civil Law. But we are not from hence to conclude, as Bishop Nicholson hastily did, that Glanville apes, as he expresses it, the Roman Code. (Scotch Historical Library, 255.) This, of all faults, is the least imputable to the venerable Glanville.—On the term mutuum see [Note 1]. [p. 204]. Infra.
[373] Vide Justin. Instit. L. 3. tit. 15.
[374] L. 7. c. 16.