Positive law, at least in progressive societies, is constantly tending to fall behind public opinion, and the expedients adopted for bringing it into harmony therewith are three, viz, legal fictions, equity and statutory legislation.
The Orphic poems also played an important part in the controversies between Christian and pagan writers in the 3rd and 4th centuries after Christ; pagan writers quoted them to show the real meaning of the multitude of gods, while Christians retorted by reference to the obscene and disgraceful fictions by which the former degraded their gods.
In the second half of the 13th century, partly (so far as relates to the Cid) from the above, partly from contemporary Arabic histories, and partly from tradition; the Cronica del Cid, first published in 1512, by Juan de Velorado, abbot of the monastery of San Pedro at Cardena, which is a compilation from the last, interlarded with new fictions due to the piety of the compiler; lastly, various Arabic manuscripts, some of contemporary date, which are examined and their claims weighed in the second volume of Professor Dozy's Recherches sur l'histoire politique et litteraire de l'Espagne pendant le moyen dge (Leiden, 1849).
The theory was purely democratic, but was all ready to be transformed, by means of a series of fictions and implications, into an imperialist doctrine; and in like manner it contained a visionary plan of reformation which ended, not in the separation of the church from the state, but in the subjection of the church to the state.
With this mention Prester John ceases to have any pretension to historical existence in Asia (for we need not turn aside to Mandeville's fabulous revival of old stories or to the barefaced fictions of his contemporary, John of Hese, which bring in the old tales of the miraculous body of St Thomas), and his connexion with that quarter of the world gradually died out of the memory of Europe.(fn 3) When next we begin to hear his name it is as an African, not as an Asiatic prince; and the personage so styled is in fact the Christian king of Abyssinia.
Into later developments of this feeling an increasing element of illusion entered, and all other written embodiments of it known to us take the form of literary fictions, more or less bold.
Here we have a first proof of his talent for romancing; for alike to two pilgrims who show him the road and to the huntsmen of Mark's court (whom he instructs in the rightful method of cutting up and disposing the quarry), Tristan invents different, and most detailed, fictions of his land and parentage.
$ The Council of Trent enjoined due payment of tithes, and excommunicated those who withheld them .° In England the earliest example of legal recognition of tithes is, according to Selden, a decree of a synod in 786.10 Other examples before the conquest occur in the Foedus lElfredi Guthruni and the laws of Athelstan, Edgar and Canute."A full discussion of their origin and history is to be found in Lord Selborne's Ancient Facts and Fictions concerning Churches and Tithes (1888); the History of the Law of Tithes in England, by G.
IIizpos), is one of those etymologizing fictions in which Greek legend abounds.
Freedom from arrest was guaranteed by Magna Carta, save on a criminal charge, yet thousands were committed to gaol on legal fictions and retained indefinitely for costs far in excess of the original debt.
Man and the actual universe kept on reasserting their rights and claims, announcing their goodliness and delightfulness, in one way or another; but they were always being thrust back again into Cimmerian regions of abstractions, fictions, visions, spectral hopes and fears, in the midst of which the intellect somnambulistically moved upon an unknown way.
Depicting feudalism in the vivid colours of an age at war with feudal institutions, breathing into antique histories the breath of actual life, embracing the romance of Italy and Spain, the mysteries of German legend, the fictions of poetic fancy and the facts of daily life, humours of the moment and abstractions of philosophical speculation, in one homogeneous amalgam instinct with intense vitality, this extraordinary birth of time, with Shakespeare for the master of all ages, left a monument of the Re- naissance unrivalled for pure creative power by any other product of that epoch.
Thus (1), it has been said that - whereas the continental canon law recognized a quadripartite division of Church revenue of common right between (a) the bishop, (b) the clergy, (c) the poor, (d) the fabric - the English law maintained a tripartite division - (a) clergy, (b) the poor, (c) the fabric. Lord Selborne (Ancient Facts and Fictions concerning Churches and Tithes, 2nd ed., 1892) denies that there was any division of tithe in England.
With the growing power of the papacy a good many fictions grew up around his name, e.g.
Similar Kafir stories, also closely resembling the popular fictions of European races, have been published by Theal.