The Collected Papers of Frederic William Maitland: Downing Professor of the Laws of England, 2. ciltUniversity Press, 1911 |
Diğer baskılar - Tümünü görüntüle
The Collected Papers of Frederic William Maitland, 2. cilt Frederic William Maitland Metin Parçacığı görünümü - 1981 |
Sık kullanılan terimler ve kelime öbekleri
acres action ancient assize Aston Bakepuz Bauzan become bishop borough Bracton Bracton's Note Book breue breve burgesses called Canon law Cartulary Chaceporc Chancery charter church clerk common law cornage corporation Crioll curia custom debet demesne documents Domesday Domesday Book domini Regis Dower ecclesiastical edition Edward I's England English law Fleta frankalmoign fuerit full land gild Glanv Glanvill Glanvill's grand assize Grey half-land heirs Henry II Henry III's hold John jury justice Kilkenny king king's court lawyers Lex Salica litigation Lokington lord lord's hand manor Maunsel ment middle ages Nicholas nisi Norman Norman Conquest Novel Disseisin opus Parliament Pecche Pugeis quia quod Register rent Replevin Richard Rolls Rolls Series Roman law royal seems seisin sheriff St Maur statute temporal tenants tenement tenure thegns thirteenth century township Trespass Utrum village Walerand Wengham words Writ of Right yard-lands
Popüler pasajlar
Sayfa 235 - Clerici rettati et accusati de quacunque re, summoniti a iustitia regis venient in curiam ipsius, responsuri ibidem de hoc unde videbitur curiae regis quod ibidem sit respondendum ; et in curia ecclesiastica unde videbitur quod ibidem sit respondendum ; ita quod iustitia regis mittet in curiam sanctae ecclesiae ad videndum qua ratione res ibi tractabitur. Et si clericus convictus vel confessus fuerit, non debet de cetero eum ecclesia tueri.
Sayfa 3 - ... entered the realm of law, and it finds that realm an organized whole, one that cannot be cut up into departments by hard and fast lines. The public law that the historian wants as stage and scenery for his characters is found to imply private law, and private law a sufficient knowledge of which cannot be taken for granted. In a somewhat different quarter there arises the demand for social and economic history ; but the way to this is barred by law, for speaking broadly we may say that only in...
Sayfa 439 - In the thirteenth century men, when they plead or when they talk about law, speak French; the professional lawyer writes in French and thinks in French. Some power of speaking a decent French seems to have been common among all classes of men, save the very poorest; men spoke it who had few, if any, drops of foreign blood in their veins. Then in 1362, when the prolonged wars between England and France had begun, a patriotic statute endeavoured to make English instead of French the spoken tongue of...
Sayfa 5 - Unfortunately he was induced to spend his strength upon problems which in his day could not permanently be solved, such as the relation of English to Norman law, and the vexed question of the Scottish homage ; and just when one expects the book to become interesting, it finishes off with protracted panegyrics upon our law of inheritance and trial by jury.
Sayfa 38 - For reasons which will soon appear, we use the untechnical term " laws " rather than any more precise term. Neither Richard nor John was a legislator ; they give us nothing that can be called laws except a few ordinances touching weights, measures, money, the prices of victuals. At the end of his reign, however, John was forced to grant the Great Charter (1215); this, if it is a treaty between the various powers of the state, is also an act declaring and amending the law in a great number of particulars...
Sayfa 484 - They were associations of lawyers which had about them a good deal of the club, something of the college, something of the trade-union. They acquired the "inns" or "hospices" — that is, the town houses — which had belonged to great noblemen: for example, the Earl of Lincoln's inn. The house and church of the Knights of the Temple came into their hands. The smaller societies, "inns of chancery," became dependent on the larger societies, "inns of court.
Sayfa 468 - Its very form is a compromise — in part that of a free grant of liberties made by the king, in part that of a treaty between him and his subjects, which is to be enforced against him if he breaks it. And then in its detailed clauses it must do something for all those sorts and conditions of men who have united to resist John's tyranny — for the bishop, the clerk, the baron, the knight, the burgess, the merchant — and there must be some give and take between these classes, for not all their...
Sayfa 157 - De odio et atia (with the remark that the clause beginning with nisi was introduced by John Lexington, Chancellor of Henry III.). 4. The Criminal Group. Appeal of felony evoked from county court by venire facias; writ to attach one appealed of homicide by his body ; writs to attach other appellees by gage and pledge. 5. A Miscellaneous Group. De corrodio substracto; De balliva forrestarii de bosco recuperanda; Quod attachiet ipsum qui se subtraxit a custodia; Quod nullus implacitetur sine precepto...
Sayfa 456 - ... summoned became less and less able to perform their original duty, more and more dependent upon the evidence given in their presence by those witnesses who were summoned by the parties. In the fifteenth century the change had taken place, though in yet later days a man who had been summoned as a juror, and who sought to escape on the ground that he already knew something of the facts in question, would be told that he had given a very good reason for his being placed in the jurybox.
Sayfa 482 - ... Parliament of Edward IV. can raise its soul above defective barrels of fish and fraudulent gutter tiles this will be in order to prohibit "cloish, kayles, half-bowl, hand-in-hand and hand-out, quekeboard," and such other games as interfere with the practice of archery.