A Sketch of English Legal History

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G.P. Putnam's sons, 1915 - 229 стор.
 

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Сторінка 137 - FOR prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury and subornation of perjury...
Сторінка 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.
Сторінка 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.
Сторінка 209 - This, for the most part, settles the course by which lands descend by inheritance; the manner and form of acquiring and transferring property; the solemnities and obligation of contracts; the rules of expounding wills, deeds, and acts of parliament; the respective remedies of civil injuries; the several species of temporal offences, with the manner and degree of * 209 punishment; and an infinite number of minuter particulars, which diffuse themselves as extensively as the ordinary distribution of...
Сторінка 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.
Сторінка 208 - No free man shall be taken, or imprisoned, or disseised, or outlawed, or exiled, or...
Сторінка 65 - The number of the recognitors was at first undefined, but when Glanvill wrote, under Henry II., twelve appears to have been the usual, though not the invariable, number mentioned in the King's writs. We have seen that it was necessary that twelve jurymen should concur in their verdict, and this result, in civil cases at least, was procured by 'afforcing' the jury, that is, adding other recognitors from the vicinage who were acquainted with the matter.
Сторінка 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...
Сторінка 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...
Сторінка 211 - 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...

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