A Sketch of English Legal HistoryG.P. Putnam's sons, 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 Anglo-Saxon appeal Assize barons became bishops Blackstone bōt Bracton Century of Law chancellor chaps Charter Church civil common law Common Pleas Consti council county court Court of Chancery Courts of Common Courts of Equity Crim crime Crown customs ecclesiastical Edward Jenks England English law equity feudal French Henry II History of English Holdsworth indicted inquest Jenks judgment judicial jurisdiction jurisprudence jurors king King's Bench king's court land Latin Law of Eng law of England lawyers Legal Hist Legal History Legal Insti legislation let bot litigation Magna Carta Maitland matter mediæval Middle Ages military tenure Norman Conquest oath offence Parliament person Pollock procedure punishment realm reign of Henry reprinted in Anglo-Am Roman law royal rules scutage sheriff shillings Star Chamber summoned Taswell-Langmead thegn thirteenth century tion Treatise trial by jury tribunal twelfth century verdict wergild words writs written laws
Pasajes populares
Página 221 - 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 210 - 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 209 - ... 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 211 - 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 211 - 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 obligation of contracts ; the rules of...
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 213 - 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.
Página 213 - And indeed these judicial decisions are the principal and most authoritative evidence that can be given of the existence of such a custom as shall form a part of the common law. The judgment itself, and all the proceedings previous thereto, are carefully registered and preserved, under the name of records, in public repositories set apart for that particular purpose...