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Appendix CASE ONE - Collection Point® | The Total Digital Asset ...

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42 Legal History in the Making<br />

west march for redress for raids into Eskdale by Sir Robert de Tilliol and Sir<br />

Thomas de Lucy, since the relevant warden was that very same Sir Thomas de<br />

Lucy of whom Lord Douglas was complaining. 72 And march procedure simply<br />

would not work if the will to make it do so was absent. In 1398 it was laid down<br />

that bills should be dealt with alternately, first a Scots one, then an English. 73 In<br />

1426 the Scots brought proceedings to a standstill by demanding unrealistically<br />

high compensation for the theft of six oxen and refusing to go on to the next<br />

case until it was paid. 74 Yet the fact that Anglo-Scottish march procedure did<br />

not go the way of that of Gascony, and in spite of the survival of some archaic<br />

elements managed to adapt itself to changing circumstances, often marred but<br />

sometimes made effective by politics, indicates that it was something better<br />

than useless. Even if the tone employed be that of faint praise, it may still be<br />

suggested that the laws of the marches are worth study and respect, for their<br />

achievement as well as for the aspirations they embodied.<br />

72 E 36/190, fo. 1.<br />

73 Rymer, Foedera, viii, 54-57.<br />

74 E 28/47 (unnumbered).

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