The History of English Law Before the Time of Edward I.

Front Cover
The University Press, 1898 - Law
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Contents

Acquisition of seisin by an abator 61 Scope of the assize
61
of entry 63 Writs sur disseisin 64 Scope of the action 64
67
Relativity of ownership 77 Ancient history of owner
80
Symbolic livery 85 AngloSaxon landbooks 87 Law in the Norman
90
Possession under a fine 96 Fines in the Angevin age 96 Procedure
100
Insecurity of the termor 107 Failure of the old doctrine
107
The termor and the writ of trespass 108 Further protection of
116
The gage and the beneficial lease 121 The Bractonian gage 122
123
kinds of rents 129 Nontenurial rents 130 Rents charge as things
131
Actions for advowsons 137 Conveyance of advowsons 138 Seisin
148
MobUia
155
the action 162 Defence of birth and rearing 163 Defence by voucher
163
of bailees 170 The bailor and the third hand 172 Action of detinue
173
the bailor property 1 176 Evolution of ownership 177 Pecuniary
181
the formal contract 186 The handgrasp
188
written document as a form 192 English law in cent xii 193
197
debt in Glanvill 204 Rarity of actions of debt 205 Proprietary
210
Family Law pp 364447
211
Doctrine of quid pro quo 212 Gratuitous gifts and promises in early
216
Covenants in the local courts 222 Sealed documents 223 History
226
Chattels held to the use of another 229 Lands held
232
Inheritance pp 240363
240
Relative antiquity of coownership and ownership in severalty
247
Coownership and aliquot shares 247 Birthrights 248 History
254
Representation in modern law 256 Representation
260
In later Norman law 265 In English law of the Norman age
266
Spread of primogeniture 273 Inheritance by
278
Casus Regis
285
The question in Glanvill 289 Effect of homage on inheritance
291
Inheritance among collaterals 295 The parentelic system
297
admissible stocks 300 Worthiness of blood 301 The halfblood
302
The heirs consent to conveyances 309 Disappearance
313
The written ciotfSe 319 The right to bequeath 320 Wills and death
322
Prohibited degrees 387 Affinity 388 Marriage
391
Mantle children 397 Presumptive paternity
398
bands land 404 3 Wifes chattels 404 4 Husbands chattels
405
rights in wifes land 409 Alienation of wifes land 409 The wifes
414
Wifes rights during marriage 422 Alienation by husband 424
427
The wifes contracts 434 The influence of seisin 435
436
Paternal power in cent xiii 438 Infancy and majority 438 Pro
443
The Ancient Law pp 449462
449
Kinds of punishment 452 Crime and revenue 453 Cnuts pleas of
457
Causes of the change 462 The kings peace 463 Felony
464
Import of felony 467 Premeditated assault 468 Malice aforethought
470
Absolute liability for harm done 471 Liability for the acts of slaves
477
Homicide by young children 484 Limits of misadventure
483
Larceny 494 Manifest theft 496 Petty larceny
497
by levying war 505 Compass of treason in cent xiii
506
Minor punishments 513 Amercements 513 Imprisonment
516
and specific relief 523 Growth of actions for damages 524 The days
527
Masters liability 528 Recent history of masters liability 528 Liability
541
England and continental heresy 546 Heresy in England 547 Heresy
551
CHAPTER IX
558
the forms 559 The formulary system not of Roman origin 559 Roman
572
Distress and seisin
578
Summary justice in the kings court 579 Summary justice and outlawry
582
The writ de odio et atia 587 Origin of the writ 587 Effect of the writ
588
Outlawry as civil process 593 No judgment against the absent
594
Ancient modes of proof 598 The ordeal 598 Proof by battle
600
Function of the suitors 606 Number of the suitors 607 The defence
607
of pleading 615 The exception and the jury 616 Proof of exceptions
616
element in the jury 623 Communal element in the jury 624 Quasi
632
The coroners inquest 643 Presentments and ordeal
644
Voucher to warranty 662 Appellate proceedings
664
words
672

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Page 208 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 232 - ... the movement of. the progressive societies has hitherto been a movement from Status to Contract.
Page 451 - ... pars multae regi vel civitati, pars ipsi, qui vindicatur, vel propinquis eius exsolvitur.
Page 558 - English trait of our medieval law, its "formulary system" of actions. We call it distinctively English ; but it is also, in a certain sense, very Roman. While the other nations of western Europe were beginning to adopt as their own the ultimate results of Roman legal history, England was unconsciously reproducing that history...
Page 40 - On the whole we may say that the possession of land which the law protects under the name of a "seisin of freehold," is the occupation of land by one who has come to it otherwise than as tenant in villeinage, tenant at will, tenant for term of years or guardian, that occupation being exercised by himself, his servants, guardians, tenants in villeinage, tenants at will or tenants for term of years. This seems the best statement of the matter: — occupation of land is seisin of free tenement unless...
Page 561 - The man who has a quarrel with his neighbor comes thither to choose his weapon. The choice is large; but he must remember that he will not be able to change weapons in the middle of the combat and also that every weapon has its proper use and may be put to none other. If he selects a sword, he must observe the rules of sword play; he must not try to use his cross-bow as a mace.
Page 500 - That the offender be drawn to the gallows, and not be carried or walk: though usually (by connivance,^ 1 at length ripened by humanity into law) a sledge or hurdle is allowed, to preserve the offender from the extreme torment of being dragged on the ground or pavement.
Page 670 - At one of these the model is the conduct of the man of science who is making researches in his laboratory and will use all appropriate methods for the solution of problems and the discovery of truth. At the other stands the umpire of our English games, who is there, not in order that he may invent tests for the powers of the two sides, but merely to see that the rules of the game are observed. It is towards the second of these ideals that our English medieval procedure is strongly inclined.
Page 77 - Thus our law of the thirteenth century seems to recognize in its practical working the relativity of ownership. One story is good until another is told. One ownership is valid until an older is proved. No one is ever called upon to demonstrate an ownership good against all men; he does enough even in a proprietary action if he proves an older right than that of the person whom he attacks.
Page 584 - It was not common to keep men in prison. This apparent leniency of our law was not due to any love of an abstract liberty. Imprisonment was costly and troublesome.

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