The History of English Law Before the Time of Edward I, 第 2 卷The University Press, 1895 - 4 頁 Although this book was envisaged as a joint venture and bears the name of both Pollock and Maitland, it is substantially the work of Maitland. It was recognized at once as a masterpiece and has since been accepted as one of the great histories in the English language. In Maitland's lifetime Acton pronounced him the ablest historian in England. Plucknett said that 'everything he wrote exercises a deep fascination and a personal attraction'. To Sir Maurice Powicke he was 'one of the immortals'. Lord Annan, in the preface to his Leslie Stephen, called him 'perhaps the greatest of all professional historians'. To read The History of English Law, even many years after Maitland's death, is to feel at once the touch of a master. |
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常見字詞
advowson alienation ancestor ancient assize bailee become bishop Bracton Bracton's day Britton brother Brunner charter chattels church claim common law consent contract covenant creditor crime custom daughters death defendant descendants detinue disseised disseisor doctrine dower ecclesiastical 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 husband and wife incorporeal things inheritance intestate justices king king's court land later lawyers lord manor manorial marriage Norman Normandy Note Book novel disseisin opus ownership person plaintiff plea rolls possession possessory action primogeniture propositus proprietary punishment question quod Regis rent Rolls Roman rule seems seised seisin Select Pleas socage speak Stat statute tenant tenement term termor thirteenth century trespass twelfth century villein wardship wergild widow wife's Winchcombe words writ of right writs of entry
熱門章節
第 199 頁 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
第 468 頁 - The thought of man shall not be tried, for the devil himself knoweth not the thought of man.
第 549 頁 - 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...
第 219 頁 - The germ of agency is hardly to be distinguished from the germ of another institution which in our English law has an eventful future before it, the ' use, trust or confidence.' In tracing its embryonic history we must first notice the now established truth that the English word use when it is employed with a technical meaning in legal documents is derived, not from the Latin word usus, but from the Latin word opus, which in old French becomes os or oes7.
第 35 頁 - ... 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 it has been obtained in one of certain particular ways. If, however, we prefer to look at the other side of the principle, we may say that the animus required of the person who is
第 570 頁 - ... hue and cry while he has still about him the signs of his crime, he will have short shrift. Should he make any resistance, he will be cut down. But even if he submits to capture, his fate is already decided. He will be bound, and, if we suppose him a thief, the stolen goods will be bound on his back. He will be brought before some court (like enough it is a court hurriedly summoned for the purpose), and without being allowed to say one word in self-defence, he will be promptly hanged, beheaded...
第 444 頁 - Every kind of blow or wound given to every kind of person had its price, and much of the jurisprudence of the time must have consisted of a knowledge of these pre-appointed prices.
第 552 頁 - 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.
第 494 頁 - 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.
第 575 頁 - It was not common to keep men in prison. This apparent leniency of our law was not due to any love of an abstract liberty. Imprisonment was costly and troublesome. Besides, any reader of the eyre rolls will be inclined to define a gaol as a place that is made to be broken, so numerous are the entries that tell of escapes1.