The History of English Law Before the Time of Edward I, Volume 1

Front Cover
The University Press, 1898 - Common law - 1379 pages
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Contents

land tenure 69 Seignorial justice 72 Limits of ducal power 73 Legal
77
History of our legal language 80 Struggle between Latin
87
Character of Williams laws 89 Personal or territorial laws 90 Main
96
Leges Henrici 99 Consiliatio Cnuti 101 Instituta
103
claims of Roman law 112 Growth of Canon law 112 Gratian
113
English legists and canonists 120 Scientific work in England 120
122
Church property 126 Ecclesiastical dues 127 Matri
134
Henrys innovations The jury and the original writ 138 Essence
147
Cases in the kings court 156 Law and letters
160
Richard Fitz Neal 161 Dialogue on the Exchequer 161 Ranulf
167
CHAPTER VII
174
Statute law The Charters 178 Provisions of Merton West
184
professional attorneys 213 Professional pleaders 214 Regulation
220
BOOK II
227
Feudal tenure 234 Analysis of dependent tenure
236
Free alms 240 Meaning of alms 241 Spiritual service
242
Pure alms 245 Frankalmoin and ecclesiastical jurisdiction 246
250
Units of military service 254 The forty days 254 Knights fees
256
merit between king and tenant in chief 258 Honours and baronies
259
Duty of the military tenant in chief 262 Position of military sub
266
Tenure by escuage 272 The lords right to scutage 274 Reduction
276
Serjeanty pp 282290
282
I
286
serjeanty owed by the kings tenants in chief 283 Serjeanties due
290
Meaning of socage 293 Socage in contrast to military
296
Vassalism in the Norman age 300 Bracton on homage 301 Homage
303
Rights of the lord on the tenants death 310 Prerogative
310
Wardship and Marriage pp 318329
318
The lords rights vendible 322 Wardship and the serjeanties 323
327
Glanvill 332 The Great Charter 332 Bracton
332
Legislation as to mortmain 333 Alienation of serjeanties 334 Special
338
Summary of law after the Charter 339 Older law 340 AngloNorman
345
11 Escheat and Forfeiture pp 351356
351
arising from civil death 435 The monk as agent 436 The abbatial
438
Exceptional rules applied to the clerk 440 Benefit
447
s scheme 448 Henrys scheme and past history 449 Henrys
456
of the alien 459 Naturalization 460 Law of earlier times
460
The kinds of aliens 464 The alien merchants 464 The alien
467
Relation of the Jew to the king 471 Relation of the
475
The leper 480 The idiot 481 The lunatic
481
of the corporation 488 The anthropomorphic picture of a corporation
489
general
497
The church as person 501 The church as universitas
505
Personification of the kingship not necessary 512 The kings rights
515
Kings land and crown land 518 Slow growth of a law of capacities
521
CHAPTER III
527
The county court 535 Identity of county and county court
536
Full courts and intermediate courts 539 The suitors 540 Suit is
544
The communal courts in earlier times 545 Struggle between various
552
in the kings hands 557 Hundreds in private hands 558 Duties
559
Hamlets 562 Vill and village 562 Vill and township
565
Contribution of township to general fines 566 Exactions from townships
566
Regalities and feudal rights 571 Acquisition of regalities
572
Contrast between powers and immunities 577 Sake soke toll
580
a manorial court 585 Jurisdiction of the feudal court 586 Civil
592
Occupation of the manor house 598 Demesne land 599 The freehold
602
Coincidence not always found 607 Nonmanorial vills
608
Permanent apportionment of the townships duties 610 Allotment
623
Coownership and corporate property 630
632
Transition to cent xiii
639
Privileged tenure 645 Mesne tenure in the boroughs
645
Emancipation of serfs 648 Freedom from toll 649 The firma burgi
656
Limits to legislative powers 661 Enforcement of bylaws 661 Rates
668
Charters for the borough the county and the whole land 674 Charters
677
Criminal liability of the borough 678 Civil liability 679 The com
687

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Page 580 - ... view of frankpledge and all that to view of frankpledge doth belong...
Page 561 - means a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed...
Page 298 - Hear this, my lord: I will be faithful to you of life and member, goods, chattels, and earthly worship, so help me God and these holy gospels of God.
Page 1 - Such is the unity of all history that any one who endeavours to tell a piece of it must feel that his first sentence tears a seamless web.
Page 45 - ... has passed into common use as a kind of ornament of speech, without any clear sense of its historical meaning. The two phrases are, indeed, intimately connected; they come from the time when the king's protection was not universal, but particular, when the king's peace was not for all men or all places, and the king's highway was in a special manner protected by it. Breach of the king's peace was an act of personal disobedience, and a much greater matter than an ordinary breach of public order;...
Page xxxii - And, in point of fact, there is no trace of the laws and jurisprudence of imperial Rome, as distinct from the precepts and traditions of the Roman Church, in the earliest Anglo-Saxon documents. Whatever is Roman in them is ecclesiastical.
Page 81 - ... writs and oaths, have French names. In the province of justice and police with its fines, its gaols and its prisons, its constables, its arrests, we must, now that outlawry is a thing of the past, go as far as the gallows if we would find an English institution.
Page 252 - This, as we shall soon see, practically alters the whole nature of the institution. Another century goes by and scutage itself has become antiquated and unprofitable ; another, and scutage is no longer taken. Speaking roughly we may say that there is one century...
Page 246 - ... 9. If a quarrel arise between a clerk and a layman or between a layman and a clerk concerning any tenement which the clerk wishes to attach to the church property, but the layman to a lay fee: by the inquest of twelve lawful men, through the judgment of the chief Justice of the king, it shall be determined, in the presence of the Justice himself whether the tenement belongs to the church property, or to the lay fee. And...
Page 203 - Of his own free will the small [p. 182] freeholder passed by his lord's court and the county court on his way to the great hall. He could there obtain a stronger and better commodity than any that was to be had elsewhere, a justice which, as men reckoned in those days, was swift and masterful ; he could there force his adversary to submit to a verdict instead of finding that his claim was met by some antique oath with oath-helpers. The voice of the nation, or what made itself heard as such, no longer,...

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