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SELECT ESSAYS IN

ANGLO-AMERICAN LEGAL HISTORY

VOLUME THREE

SELECT ESSAYS

IN

ANGLO-AMERICAN LEGAL

HISTORY

BY VARIOUS AUTHORS

COMPILED AND EDITED BY A COMMITTEE OF THE

ASSOCIATION OF AMERICAN LAW SCHOOLS

IN THREE VOLUMES

VOLUME III

BOSTON

LITTLE, BROWN, AND COMPANY

1909

Copyright, 1909,

BY LITTLE, BROWN,

AND COMPANY.

All rights reserved

K25 A88

v. 3

PREFACE

WITH

TH the present Volume ends this collection of essays, and the editors finish their task.

How shall we prologuise, how shall we perorate,
Say fit things upon art and history?

Suffice it, in taking leave, to express the hope that these volumes have in perusal been as interesting to their readers as they were in preparation to their editors. Carlyle, discoursing on History, reminds us that "whereas of old the charm of History lay chiefly in gratifying our common appetite for the wonderful, for the unknown, and her office was but as that of Minstrel and Story-teller, she has now farther become a Schoolmistress, and professes to instruct in gratifying." That these essays may gratify while instructing is the wish of the editors.

It is to them a special satisfaction, in this third Volume, to have succeeded in the endeavor (announced in the preface to the second Volume) to include an essay worthily representative of French scholarship in the field of English law — that of Professor Robert Caillemer, of the University of Grenoble.

In this Volume, the topics are all of concrete and vivid interest. Several of them trace principles still in process of growth. Research has in some important respects revealed different results to different scholars working on the same materials. Hence occasionally the added interest, for the student, of reconciling the conflicting beliefs. or of choosing between them. For those who must decline either alternative,

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