A Sketch of English Legal HistoryPutnam, 1915 - 229 páginas |
Otras ediciones - Ver todas
A Sketch of English Legal History Frederic William Maitland,Francis Charles Montague Vista previa limitada - 1998 |
A Sketch of English Legal History Frederic William Maitland,Francis Charles Montague Sin vista previa disponible - 2015 |
A Sketch of English Legal History (Classic Reprint) Frederic W. Maitland Sin vista previa disponible - 2018 |
Términos y frases comunes
accused ancient Anglo-Saxon appeal Assize became Bench Blackstone bōt Bracton Century of Law chancellor chaps Charter Church common law Common Pleas Consti council county court Court of Chancery Courts of Common Courts of Equity Crim Crown custom ecclesiastical edition Edward Edward Jenks England English law equity evidence French Henry II Holdsworth indictment Jenks judges judicial jurisdiction jurisprudence jurors justice king king's court land Law of Eng law of England Law Reform lawyers Legal Hist Legal History Legal Insti legislation let bot let him pay litigation Magna Magna Carta matter ment Middle Ages Norman Conquest oath offence Parliament person Pollock procedure realm reprinted in Anglo-Am Roman law royal rules scutage shillings Short Hist Star Chamber Stephen superior courts Taswell-Langmead thegn thirteenth century tion Treatise trial by jury tribunal twelfth century verdict VIII wergild witnesses writs written laws
Pasajes populares
Página 137 - FOR prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury and subornation of perjury...
Página 219 - 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.
Página 206 - A freeman shall not be amerced for a small offence, but only according to the degree of the offence; and for a great crime according to the heinousness of it, saving to him his contenement;' and after the same manner a merchant, saving to him his merchandise.
Página 207 - ... 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.
Página 209 - 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...
Página 132 - 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.
Página 208 - 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.
Página 177 - The hungry judges soon the sentence sign, And wretches hang that jury-men may dine; The merchant from th' Exchange returns in peace, And the long labours of the toilet cease.
Página 8 - 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...
Página 211 - 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.