A Sketch of English Legal History (Google eBook)

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G.P. Putnam's Sons, 1915 - Law - 229 pages
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Page 134 - FOR prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury and subornation of perjury...
Page 214 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Page 202 - ... merchandise. And a villein shall be amerced after the same manner, saving to him his wainage, if he falls under our mercy ; and none of the aforesaid amerciaments shall be assessed but by the oath of honest men in the neighbourhood.
Page 204 - As to general customs, or the common law, properly so called ; this is that law by which proceedings and determinations in the king's ordinary courts of justice are guided and directed. This, for the most part, settles the course in which lands descend by inheritance ; the manner and form of acquiring and transferring property ; the solemnities and...
Page 129 - Smith, about a century before, had considered the fining, imprisoning, and punishing of juries, to be violent, tyrannical, and contrary to the custom of the realm of England. While the celebrated sir Matthew Hale, who had been chief baron of the exchequer, and chief justice of the king's bench, in this very reign, observed, in his Pleas of the Crown, p.
Page 203 - NO FREEMAN SHALL BE TAKEN OR IMPRISONED, OR DISSEISED, OR OUTLAWED, OR BANISHED, OR ANY WAYS DESTROYED, NOR WILL WE PASS UPON HIM, NOR WILL WE SEND ' UPON HIM, UNLESS BY THE LAWFUL JUDGMENT OF HIS PEERS, OR BY THE LAW OF THE LAND.
Page 5 - I, then, Alfred, king, gathered these together, and commanded many of those to be written which our forefathers held, those which to me seemed good; and many of those which seemed to me not good I rejected them, by the counsel of my "witan...
Page 206 - The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land. The knowledge of that law is derived from experience and study; from the "viginti annorum luatbrationes" which Fortescue mentions; and from being long personally accustomed to the judicial decisions of their predecessors.
Page 206 - And indeed these judicial decisions are the principal and most authoritative evidence that can be given of the existence of such a custom as shall form a part of the common law. The judgment itself, and all the proceedings previous thereto, are carefully registered and preserved, under the name of records, in public repositories set apart for that particular purpose...
Page 193 - ... 79. If she wish to go away with her children, let her have half the property. 80. If the husband wish to have them, [let her portion be] as one child. 81. If she bear no child, let her paternal kindred have the 'fioh

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