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The history of English law before the time of Edward I.: I
Frederick Pollock (Sir)
Limited preview - 1895
action of debt alienation ancestor ancient assize bishop Bracton Bracton's day Britton brother charter chattels church claim clan common law consent contract covenant creditor custom daughters dead man's death defendant descendants Dipl disseisin doctrine dower ecclesiae ecclesiastical eldest enforced England English law exclusive executor father favour fee simple feoffee feoffment feudal fief Fleta gage Gavelkind give given Glanvill Glanvill's hand Henry Heusler hold homage husband and wife inheritance intestacy intestate king king's court kinsfolk kinsmen land lawyers Lex Salica lord manorial marriage married matter Norman Note Book opus ownership partible partition person plaintiff plea plea rolls possession possessory primogeniture question quod rent Roman rule seems seignory seised seisin serjeanty sisters socage sons speak statute tenant tenement term termor testament testamentary testator thegns thing thirteenth century twelfth century ultimogeniture villein wardship wergild whole wife's words writ of right youngest
Page 178 - ... 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 295 - ... pars multae regi vel civitati, pars ipsi, qui vindicatur, vel propinquis eius exsolvitur.
Page 374 - 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 35 - 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 375 - 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 330 - 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 435 - 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 63 - 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.