The History of English Law Before the Time of Edward I, 第 2 卷

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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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Relativity of ownership 76 Ancient history of owner
79
Symbolic livery 85 AngloSaxon landbooks 86 Law in the Norman
90
Possession under a fine 96 Fines in the Angevin age 96 Procedure
100
Insecurity of the termor 107 Failure of the old doctrine
107
The termor and the writ of trespass 109 Further protection of
115
Glanvills gage 119 Disappearance of the Glanvillian gage
119
as a thing 124 Rights of lord against tenant 124 Contract
127
Creation and transfer of rents 131 Annuities as things 132 Corodies
135
Actions for advowsons 137 Conveyance of advowsons 137 Seisin
146
Mobilia
154
Procedure in the action 158 Scope of the action 160 Defences
162
of bailees 169 The bailor and the third hand 171 Action of detinue
171
the bailor property? 175 Evolution of ownership 176 Pecuniary
179
CONTRACT pp 182236
182
written document as a form 191 English law in cent xii 191
194
Struggle between church and state 196 Pledged faith in ecclesiastical
200
debt in Glanvill 203 Rarity of actions of debt 203 Proprietary
208
Doctrine of quid pro quo 210 Gratuitous gifts and promises in early
214
Covenants in the local courts 220 Sealed documents 220 History
223
the use of another 228 The use of lands 229 Feudalism and con
230
CHAPTER VI
237
Relative antiquity of coownership and ownership in severalty
245
Coownership and aliquot shares 245 Birthrights 245 History
251
Influence of feudalism 259 Primogeniture 260 Primo
262
In Glanvill and Bracton 266 Partible lands 268 Gavelkind
269
Spread of primogeniture 271 Inheritance by
276
Casus Regis
283
The question in Glanvill 287 Effect of homage on inheritance
289
Inheritance among collaterals 293 The parentelic system
295
Exclusion of the halfblood in modern law 303 Coparcenry
305
The heirs consent to conveyances 307 Disappearance
311
The written cwide 317 The right to bequeath 318 Wills and death
321
Attempts to devise land 327 Devisable burgages 328 Probate
329
The will with executors 332 Origin of the executor 333 The executor
335
5 Husbands liability 402 6 Wifes contracts
403
rights in wifes land 406 Alienation of wifes land 407 The wifes
412
husband in litigation 422 Dower as a gift 422 Dower and
424
Husbands death 425 Wifes death 426 Wifes testament 426
430
Paternal power in cent xiii 435 Infancy and majority 436 Pro
440
CHAPTER VIII
446
Kinds of punishment 450 Crime and revenue 451 Cnuts pleas of
456
Causes of the change 460 The kings peace 461 Felony
463
Absolute liability for harm done 469 Liability for the acts of slaves
475
Homicide by young children 482 Limits of misadventure
481
Homicide unemendable 483 Murder 483
487
Larceny 493 Manifest theft 495 Petty larceny
496
Representation in modern law 253 Representation
497
Early history of treason 501 Elements of treason 503 Treason
501
Review of the felonies
509
Contrast between seisin and proprietary rights 33 Seisin and enjoy
513
Other minor punishments
516
and specific relief 521 Growth of actions for damages 523 The days
525
Masters liability 526 Recent history of masters liability 527 Liability
539
England and continental heresy 545 Heresy in England 546 Heresy
549
Sorcery in later times 553 Unnatural crime
554
the forms 557 The formulary system not of Roman origin 557 Roman
570
Distress and seisin
576
Summary justice in the kings court 577 Summary justice and outlawry
580
tuary and abjuration 588 Civil process 589 Forbearance of medieval
591
Ancient modes of proof 595 The ordeal 596 Proof by battle
597
Function of the suitors 604 Number of the suitors 605 The defence
605
of pleading 613 The exception and the jury 614 Proof of exceptions
614
element in the jury 620 Communal element in the jury 621 Quasi
630
Trial by battle 630 Wager of law 631 The decisory oath 634 Trial
638
Practice of the eyres 642 Indictments for felony 644 The second jury
645
minor offences 649 The trial 650 The collection of evidence 652
657
Function of the judges 667 Considérants of judgments 669 Last
666
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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.

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