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The History of English Law, Vol. 1: Before the Time of Edward I (Classic ...
No preview available - 2015
advowson alienation amercement ancestor ancient appears assize bishop Bracton Bracton's day Britton brother Brunner called charter chattels church claim common law consent covenant creditor crime custom daughters dead man's death defendant descendants detinue disseised doctrine dower ecclesiastical Edward I.'s eldest England English law executor father favour fee simple felony feoffee feoffment feudal Fleta gage Gavelkind gift give given Glanvill Glanvill's hand heir Henry Heusler homicide Ibid inheritance intestate judgment jurors jury justices king king's court land later days lawyers lord manorial marriage Norman Note Book novel disseisin oath opus ownership person plaintiff plea rolls pleading possession possessory primogeniture procedure propositus proprietary punishment question quod Regis rent rolls Roman rule seems seised seisin Select Pleas speak Stat statute tenant tenement term termor testament testator thing thirteenth century trespass twelfth century verdict villein wergild words writ of right writs of entry
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 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.