Note 81 — Book I.

Custum. Sir Edward Coke, in his Commentary on the Statute of Gloucester, observes, that “before that Statute at the common Law, no man recovered any costs of suit, either in Plea real, personal, or mixt:” and again, “this Statute was the first that gave costs,” (2 Inst. 288.) In support of this position, he cites the present chapter of our author. It is extremely difficult to discover, how this chapter corroborates Lord Coke’s position. Our author merely recites the opposite and floating opinions of others, and drops the subject, without giving any thing like an opinion of his own. Lord Coke’s doctrine may be correct; but, assuredly, Glanville cannot be cited as one of the authorities, on which that doctrine is built.