Оглавление
Theodore F. T. Plucknett. A Concise History of the Common Law
CONTENTS
PREFACE TO THE FIFTH EDITION
TABLE OF MEDIAEVAL CASES
TABLE OF MODERN CASES
TABLE OF LAWS AND STATUTES
SUMMARY
A GENERAL SURVEY OF LEGAL HISTORY. SUMMARY
THE ROMAN EMPIRE
THE RISE OF CHRISTIANITY
CHAPTER 1. THE ANGLO-SAXON PERIOD: RACES AND RELIGION. SUMMARY
THE COMING OF THE ROMANS
THE ENGLISH CONQUEST
THE ADVENT OF CHRISTIANITY
ENGLAND AND THE DANES
CHAPTER 2. THE CONQUEST TO HENRY II: THE BEGINNINGS OF ADMINISTRATION. SUMMARY
THE CONQUEST AND “DOMESDAY BOOK”
CHURCH AND STATE
HENRY I’s REFORMS
HENRY II’s EMPIRE
CONSTITUTIONS OF CLARENDON
THE EXCHEQUER
THE PLACE OF HENRY II
CHAPTER 3. THE GREAT CHARTERS: LAW SEPARATES FROM ADMINISTRATION. SUMMARY
THE POSITION OF THE CROWN
THE IDEAS OF HUBERT WALTER
JOHN AND THE POPE
THE GREAT CHARTER
CONSTITUTIONAL PROVISIONS
THE REGULATION OF FEUDAL INCIDENTS
RESTRAINTS ON THE PREROGATIVE
THE REGULATION OF THE COURTS
THE LAW OF LAND
TRADE AND COMMERCE
THE BARONS’ WARS
CHAPTER 4. EDWARD I TO RICHARD II: STATUTES AND SOCIAL REVOLUTION. SUMMARY
WESTMINSTER THE SECOND
THE STATUTE AND SIMILAR CASES
BILLS OF EXCEPTIONS
THE NISI PRIUS SYSTEM
EDWARD I AND FEUDALISM
EDWARD II AND THE ORDINANCES
EDWARD III: THE BLACK DEATH
RICHARD II: THE PEASANTS’ REVOLT
CHAPTER 5. THE FIFTEENTH CENTURY: THE PROBLEM OF ENFORCEMENT. SUMMARY
THE IMPORTANCE OF THE COUNCIL
THE LANCASTRIAN CONSTITUTION
PROPERTY AND PUBLIC LAW
THE ENFORCEMENT PROBLEM
THE YORKISTS
CHAPTER 6. THE TUDORS: RENAISSANCE, REFORMATION AND RECEPTION. SUMMARY
THE MEDIAEVAL ACHIEVEMENT
THE RENAISSANCE AND THE STATE
THE REFORMATION
THE REFORMATION AND THE LAW
THE REFORMATION AND THE CONSTITUTION
THE RECEPTION
TUDOR LEGISLATION
THE CLOSE OF THE TUDOR AGE
CHAPTER 7. THE STUARTS: STRUGGLE FOR THE SUPREMACY OF LAW. SUMMARY
POLITICAL SPECULATION
THE SUPREMACY OF THE COMMON LAW
THE GROWTH OF THE CONFLICT
THE CHURCH IN POLITICS
THE COURTS DURING THE INTERREGNUM
REFORMS AT THE RESTORATION
THE STATUTE OF FRAUDS
THE HABEAS CORPUS ACT
THE STOP OF THE EXCHEQUER
RESTORATION OF CHURCH AND PREROGATIVE
THE BILL OF RIGHTS
THE ACT OF SETTLEMENT
REVOLUTIONS AND POLITICAL THEORY
THOMAS HOBBES
JOHN LOCKE AND THE REVOLUTION
CHAPTER 8. THE EIGHTEENTH CENTURY: INDUSTRIAL REVOLUTION. SUMMARY
AGRICULTURE
MERCHANTS AND FINANCE
THE INDUSTRIAL REVOLUTION
LEGAL CONSEQUENCES
MONTESQUIEU
EDMUND BURKE
CHAPTER 9. THE NINETEENTH CENTURY: LIBERALISM AND REFORM. SUMMARY
THE NEED FOR REFORM
JEREMY BENTHAM
CONCLUDING REMARKS
SUMMARY
THE COURTS AND THE PROFESSION. SUMMARY
THE DIFFERENT SORTS OF COURT
ROYAL JURISDICTIONS
THE CROWN AND THE JURY
CHAPTER 1. THE COMMUNAL COURTS. SUMMARY
THE VILL OR TOWNSHIP
THE VILL IN AGRICULTURE
THE VILL AND LOCAL GOVERNMENT
THE VILL AND CRIMINAL LAW
THE EARLY HUNDRED
THE LATER HUNDRED
THE SHERIFF’S TOURN: COURTS LEET
THE COUNTY COURT
THE SUITORS IN THE COUNTY COURT
THE SHERIFF AS JUDGE: VISCONTIAL WRITS
THE DECLINE OF THE COUNTY
CHAPTER 2. SEIGNORIAL JURISDICTION. SUMMARY
THE MANOR
FRANKPLEDGE
A MANORIAL COURT AT WORK
COUNTIES, PALATINATES, HONOURS
CHAPTER 3. THE CROWN AND LOCAL COURTS. SUMMARY
THE RISE OF THE SHERIFF
ITINERANT JUSTICES
THE REMOVAL OF PLEAS
THE RESULTS OF CENTRALISATION
CHAPTER 4. THE JURY. SUMMARY
1. Early prototypes of the jury. SUPPOSED ANGLO-SAXON ORIGINS
ENGLISH AND SCANDINAVIAN JURIES
2. The jury for royal administrative inquiry. FRANKISH JURIES
3. The jury for the trial of property cases. NORMAN JURIES AND ASSIZES
INQUISITIONS IN ENGLAND
ASSIZES IN ENGLAND
4. The jury for royal criminal inquiry. CRIMINAL LAW: THE GRAND JURY
5. Ancient modes of trial. THE ORDEALS
WAGER OF LAW
TRIAL BY BATTLE
ABOLITION OF THE ORDEAL
6. The jury as a new mode of trial. EVOLUTION OF THE PETTY JURY
AN EXAMPLE OF THE NEW CRIMINAL PROCEDURE
TRIALS ON INDICTMENT
THE INSCRUTABLE JURY
JURY TRIAL BECOMES COMPULSORY
RATIONALISATION OF JURY TRIAL
THE JURY AS REPRESENTATIVES
EARLY OPINION ABOUT THE JURY
THE EARLY HISTORY SUMMARISED
7. Post-mediaeval problems. THE REVIEW OF VERDICTS
THE PUNISHMENT OF OBSTINATE JURORS
BUSHEL’S CASE
NEW TRIALS
CONSTITUTIONAL POSITION OF THE JURY
CHAPTER 5. THE ORIGINS OF THE CENTRAL COURTS. SUMMARY
THE ROYAL HOUSEHOLD
THE NATIONAL ASSEMBLY
THE RESULT OF THE CONQUEST
THE MEANING OF THE WORD “COURT”
THE ANGLO-NORMAN CURIA REGIS
THE TRAVELLING COURT: JUSTICES IN EYRE
THE LINES OF SEPARATION
THE OLDEST OFF-SHOOT: THE EXCHEQUER
THE NEXT OFF-SHOOT: THE COURT OF COMMON PLEAS
THE COURT OF KING’S BENCH
THE CONNECTION BETWEEN KING’S BENCH AND THE COUNCIL
COUNCIL AND PARLIAMENT
THE ADDITION OF THE COMMONS
THE JUDICIAL SYSTEM UNDER EDWARD I
FACTORS IN THE GROWTH OF THE COMMON LAW
CHAPTER 6. THE ELABORATION OF THE JUDICIAL SYSTEM: 1307-1509. SUMMARY
THE POSITION OF THE COURTS
THE ISOLATION OF THE JUDGES
COMPETITION BETWEEN COURTS
THE EXCHEQUER OF PLEAS
THE EXCHEQUER CHAMBER, 1357
THE EXCHEQUER CHAMBER FOR DEBATE
KING’S BENCH AND TRESPASS
THE COMMON LAW SIDE OF CHANCERY
THE NEED FOR DE-CENTRALISATION
THE NISI PRIUS SYSTEM
JUSTICES OF THE PEACE
THE FATE OF THE LOCAL COURTS
CHAPTER 7. THE TUDORS AND THE COMMON LAW COURTS. SUMMARY
THE COURT OF EXCHEQUER
THE EXCHEQUER CHAMBER, 1585
THE KING’S BENCH
PREROGATIVE WRITS
THE TUDORS AND LOCAL COURTS
THE TUDOR FINANCIAL COURTS
CHAPTER 8. THE RISE OF THE PREROGATIVE COURTS. SUMMARY
THE NEED FOR NEWER INSTITUTIONS
THE COUNCIL AND PETITIONS
THE ORIGIN OF CHANCERY JURISDICTION
THE ORIGIN OF THE STAR CHAMBER
STAR CHAMBER AND STATUTE LAW
THE COURT OF REQUESTS
COURTS OF THE MARCHES
ROYAL CHURCH COURTS
EQUITY SIDE OF THE EXCHEQUER
EQUITY IN SEIGNORIAL COURTS
RELATIONS OF THE OLD COURTS TO THE NEW
COMMON LAW AND EQUITY IN THE FIFTEENTH CENTURY
EQUITY UNDER THE TUDORS
CHAPTER 9. PREROGATIVE, EQUITY AND LAW UNDER THE STUARTS. SUMMARY
THE COURTS AND THE CRISIS
THE COMMON LAWYERS AND CHANCERY
CHANCERY AND ABSOLUTE POWER
THE SURVIVAL OF CHANCERY
THE PREROGATIVE AND ADMINISTRATIVE LAW
THE COMMON LAW, SOLE AND SUPREME
CHAPTER 10. PARLIAMENT AND THE PRIVY COUNCIL. SUMMARY
FROM THE RESTORATION TO THE REFORM ACT
THE JURISDICTION OF PARLIAMENT
SCOTLAND AND IRELAND
APPEALS FROM THE COURTS OF EQUITY
THE POSITION OF THE COMMONS
ERROR IN THE COUNCIL
THE AUTHORITY OF HOUSE OF LORDS DECISIONS
CRIMINAL JURISDICTION OVER PEERS
THE LORDS AND IMPEACHMENT
APPEALS OF TREASON
BILLS OF ATTAINDER
THE JURISDICTION OF THE PRIVY COUNCIL
CHAPTER 11. THE COURTS IN THE NINETEENTH CENTURY. SUMMARY
LOCAL COURTS OF REQUESTS
THE REFORMED COUNTY COURTS
THE MODERN COUNTY COURTS
THE STATE OF THE SUPERIOR COURTS
THE REFORM OF CHANCERY
THE COURTS OF COMMON LAW
THE RELATIONS OF LAW AND EQUITY
THE JUDICATURE ACTS
THE APPELLATE JURISDICTION ACT
CRIMINAL JURISDICTION
COURT OF CRIMINAL APPEAL
THE PROFESSION AND REFORM
CHAPTER 12. THE LEGAL PROFESSION. SUMMARY
THE ADVOCATUS
NARRATORS AND ATTORNEYS
THE WRIT OF 1292 AND LEGAL EDUCATION
EDUCATION IN COURT
THE LAW AN OPEN PROFESSION
NARRATORS BECOME SERJEANTS
THE WORK OF THE SERJEANTS
LATER HISTORY OF THE SERJEANTS
APPRENTICES, BARRISTERS AND INNS
SEVENTEENTH-CENTURY CHANGES
SOLICITORS, PLEADERS AND CONVEYANCERS
NOTARIES AND SCRIVENERS
THE LATER BARRISTERS
LAW OFFICERS OF THE CROWN
DEPARTMENTAL LEGAL STAFFS
CHAPTER 13. THE GROWTH OF THE JUDICIARY. SUMMARY
THE OFFICE OF JUDGE
THE APPOINTMENT OF JUDGES
PATESHULL AND RALEIGH
CLERICAL JUDGES AND THE CIVIL SERVICE
JUDGES AND THE LEGAL PROFESSION
JUDGES DRAWN FROM THE SERJEANTS
THE SCANDAL OF 1289
LAY JUDGES: BEREFORD
JUDGES AND POLITICS IN THE FOURTEENTH CENTURY
THE WARS OF THE ROSES
THE TUDORS AND THE JUDGES
THE STRUGGLES OF COKE AND BACON
COKE AS CHIEF JUSTICE
BACON AS CHANCELLOR
THE RESTORATION: HOLT
AFTER THE ACT OF SETTLEMENT
MANSFIELD
CHAPTER 14. PROFESSIONAL LITERATURE. SUMMARY
THE ANGLO-SAXON AGE
ANGLO-NORMAN LEGAL LITERATURE
HENRY II: GLANVILL’S TREATISE
THE BEGINNINGS OF THE PUBLIC RECORDS
HENRY III: BRACTON
BRACTON’S USE OF CASES
BRACTON’S NOTE BOOK
BRACTON’S ROMANISM
BRACTON’S INFLUENCE
BRACTONISM AND PARLIAMENTARISM
BRACTON’S IMITATORS
THE MINOR TREATISES
THE ORIGIN OF THE YEAR BOOKS
CHANGES IN THE YEAR BOOKS
THE LATER YEAR BOOKS
THE OBJECT OF THE YEAR BOOKS
THE ABRIDGMENTS
THE REGISTER OF WRITS
LITTLETON’S TENURES
THE WORKS OF FORTESCUE
DOCTOR AND STUDENT
THE REPORTERS
THE LATER TREATISES: COKE
SELDEN: PRYNNE: HALE
BLACKSTONE
BLACKSTONE’S SUCCESSORS
THE RISE OF THE MODERN TEXT-BOOK
SUMMARY
SOME FACTORS IN LEGAL HISTORY
CHAPTER 1. THE CIVIL LAW OF ROME. SUMMARY
THE BARBARIANS AND ROMAN LAW
ROMAN LAW IN THE MIDDLE AGES
THE RECOVERY OF JUSTINIAN’S BOOKS
CUJAS AT BOURGES
ROMAN LAW IN ENGLAND
ENGLAND AND THE RECEPTION
LATER ROMAN INFLUENCES
CHAPTER 2. THE CANON LAW OF THE CHURCH. SUMMARY
THE EARLY COLLECTIONS
THE DECRETUM OF GRATIAN
THE CORPUS JURIS CANONICI
THE SPIRIT OF THE CANON LAW
THE SCOPE OF CANON LAW
ECONOMIC VIEWS OF THE CANONISTS
THE CHURCH AND CRIME
THE CANONISTS’ CONTRIBUTION
CHAPTER 3. CUSTOM. SUMMARY
THE FLEXIBILITY OF CUSTOM
FEUDAL CUSTOM
CONSTITUTIONAL CUSTOM
THE ATTITUDE OF THE CANONISTS
MANORIAL CUSTOM
THE RISE OF COPYHOLD
CHANGING CUSTOM AND SOCIAL REVOLUTION
THE REACTION AGAINST CUSTOM
THE EXTENT OF CUSTOM IN ENGLAND
THE CUSTOM OF MERCHANTS
CHAPTER 4. LEGISLATION. SUMMARY
IS LEGISLATION A ROMAN TRADITION?
LEGISLATION AND FEUDALISM
EARLY LEGISLATION IN ENGLAND
EARLY LEGISLATIVE FORMS
THE COUNCIL’S SHARE IN LEGISLATION
STATUTES AND ORDINANCES
PARLIAMENTARY LEGISLATION
TUDOR LEGISLATION
THE CITATION OF STATUTES
THE AUTHENTICITY OF STATUTES
THE COMMENCEMENT OF STATUTES
THE PROBLEM OF INTERPRETATION
THE JUDICIAL INTERPRETATION OF STATUTES
EARLY FREEDOM OF INTERPRETATION
CHARACTERISTICS OF FREE INTERPRETATION
THE LIMITATION OF JUDICIAL DISCRETION
A TECHNIQUE OF INTERPRETATION
THE EQUITY OF THE STATUTE
INADMISSIBILITY OF EXTERNAL EVIDENCE
STATUTES AND FUNDAMENTAL LAW
THE NON-OBSERVANCE OF STATUTES
INTERPRETATION, PAST AND PRESENT
CHAPTER 5. THE PRINCIPLE OF PRECEDENT. SUMMARY
BRACTON’S USE OF PLEA ROLLS
BRACTON’S USE OF CASES
BRACTON’S INFLUENCE ON CASE LAW
THE YEAR BOOKS AND PRECEDENT
CUSTOM AND PRECEDENT DISTINGUISHED
EXCHEQUER CHAMBER CASES
THE AGE OF THE REPORTERS
THE ESTABLISHMENT OF THE STRICT THEORY
SUMMARY
CHAPTER 1. THE FORMS OF ACTION. SUMMARY
THE RELATION OF WRIT AND REMEDY
THE BEGINNINGS OF ROYAL INTERVENTION
THE NATURE OF THE EARLIEST WRITS
NEW WRITS UNDER HENRY II
PETTY ASSIZES, SEISIN AND POSSESSION
NATURE AND ORIGIN OF NOVEL DISSEISIN
SCOPE OF THE PETTY ASSIZES
THE ASSIZES SUPPLEMENTED
THE WRITS OF ENTRY
THE EARLIEST FORMS OF PERSONAL ACTIONS: DEBT
DETINUE
ACCOUNT
COVENANT
THE NEW PATTERN OF WRIT
THE ACTION OF TRESPASS
THE ACTION OF REPLEVIN
THE ORIGIN OF TRESPASS
THE PROBLEM RESTATED
REMOTER ORIGINS
TRESPASS AND CASE
THE RISE OF EJECTMENT
ASSUMPSIT: TROVER
ACTIONS REAL AND PERSONAL
ACTIO PERSONALIS MORITUR CUM PERSONA
CHAPTER 2. CIVIL PROCEDURE. SUMMARY
THE SLOWNESS OF OLD PROCEDURE
PROCEDURE AS A CONSTITUTIONAL SAFEGUARD
PROCEDURE AND SUBSTANTIVE LAW
THE SEPARATION OF LAW AND PROCEDURE
PROCEDURE IN MODERN TIMES
THE INITIATION OF PROCEEDINGS
SELF-HELP: DISTRESS
SECURING THE DEFENDANT’S APPEARANCE
OUTLAWRY IN CIVIL PROCESS
JUDGMENT BY DEFAULT
THE NEW CONVENTIONAL PROCEDURE
PROCEEDINGS BY BILL
APPELLATE PROCEEDINGS
FINAL PROCESS
STATUTORY PROCESS OF ELEGIT
DEBTS OF RECORD
STATUTES MERCHANT
STATUTES STAPLE
AUDITA QUERELA
PREROGATIVE WRITS
THE ISSUE OF WRITS
NINETEENTH-CENTURY REFORMS
METHODS OF REFORM
CHAPTER 3. PLEADING. SUMMARY
THE ORIGINS OF PLEADING
THE LANGUAGE OF PLEADINGS
PLEADINGS AND THE PLEA ROLL
THE CLASSICAL PLEA ROLL
THE PROFESSION AND THE PLEA ROLLS
PAPER PLEADINGS
THE CONTINUITY OF PLEADING
THE ORIGINAL WRIT
EXCEPTIONS
RULES OF PLEADING
CERTAIN PLEAS IN REAL ACTIONS
COLOUR
THE DEMURRER
THE GENERAL ISSUE
THE HILARY RULES, 1834
LAW AND FACT
SUMMARY
CRIME AND TORT. SUMMARY
PLEAS OF THE CROWN
CRIME AND TORT
THE NATURE OF CRIMINAL LAW
CHAPTER 1. CRIMINAL PROCEDURE. SUMMARY
ANGLO-SAXON CRIMINAL LAW
PLEAS OF THE CROWN
THE OLD PROCEDURE
THE NEW PROCEDURE
LATER DEVELOPMENT OF INDICTMENT
INFORMATIONS
PROCESS AND OUTLAWRY
SANCTUARY
EXAMINATION
TRIAL BY JURY
REPRESENTATION BY COUNSEL
WITNESSES
EVIDENCE
BURDEN OF PROOF
SUMMARY TRIAL
BENEFIT OF CLERGY
CHAPTER 2. THE FELONIES. SUMMARY
TREASON
MURDRUM
MURDER AND MANSLAUGHTER
LARCENY
QUASI-THEFT
BREAKING BULK
STATUTORY CRIMES IN THE NATURE OF LARCENY
OTHER COMMON LAW FELONIES
THE RECOVERY OF STOLEN GOODS
RECEIVING STOLEN GOODS
ATTEMPTS
CHAPTER 3. MISDEMEANOURS, TRESPASS AND TORT. SUMMARY
TORT IN THE THIRTEENTH CENTURY
MISDEMEANOUR IN THE THIRTEENTH CENTURY
MISDEMEANOURS AND INDICTMENT
THE SEPARATION OF CRIME AND TORT
THE STAR CHAMBER
THE FIELD OF TORT
TORT AND THE FORMS OF ACTION
THE TORT OF NEGLIGENCE
CHAPTER 4. LIABILITY, CIVIL AND CRIMINAL. SUMMARY
LIABILITY IN ANGLO-SAXON LAW
TRESPASS IN THE EARLY PLEA ROLLS
LIABILITY IN TRESPASS
NEGLIGENCE AND TRESPASS
NEGLIGENCE AND CASE
VICARIOUS LIABILITY
RESPONDEAT SUPERIOR
GROWTH OF THE MODERN RULE OF EMPLOYER’S LIABILITY
THE BAILEE’S LIABILITY
COMMON CALLINGS
CHAPTER 5. DEFAMATION. SUMMARY
SLANDER IN ANGLO-SAXON LAW
SLANDER IN CHURCH COURTS
SLANDER IN LOCAL COURTS
SLANDER IN THE KING’S COURT
THE SLANDER OF MAGNATES: SCANDALUM MAGNATUM
THE BEGINNINGS OF LIBEL
THE SOURCES OF THE LAW OF LIBEL
THE LAW OF LIBEL, 1605-1641
ACTION ON THE CASE FOR WORDS
SPIRITUAL SLANDER AND SPECIAL DAMAGE
THE LAW OF SLANDER DOWN TO 1641
THE RESULTS OF THE FALL OF THE STAR CHAMBER
LIBEL AND THE PRESS
LIBEL AND JURY TRIAL
LIBEL AND NEWSPAPERS
SUMMARY
REAL PROPERTY
CHAPTER 1. FEUDALISM. SUMMARY
FEUDALISM: LORD AND MAN
FEUDALISM AND LAND
FEUDALISM AS A MILITARY SYSTEM
FEUDALISM AS A CONSTITUTION
CONTINENTAL ORIGINS OF FEUDALISM
THE COMITATUS
THE PATROCINIUM
THE PRECARIA
GRANTS BY THE CROWN
THE CAROLINGIAN POLICY
MILITARY SERVICE
JURISDICTION
THE FEUDAL COURT
CHAPTER 2. FEUDALISM IN ENGLAND. SUMMARY
ANGLO-SAXON FEUDALISM
THE RESULTS OF THE CONQUEST
BOOKLAND
FOLKLAND
LAEN LAND
CHAPTER 3. INHERITANCE AND ALIENABILITY. SUMMARY
THE MARK THEORY
AGRARIAN ORIGINS IN ENGLAND
FAMILY OWNERSHIP
HERITABILITY OF MILITARY LAND
HERITABILITY OF NON-MILITARY LAND
THE RELATION OF HERITABILITY TO ALIENABILITY
FAMILY RESTRAINTS IN GLANVILL
PRIMOGENITURE
PRIMOGENITURE AND FREE ALIENATION
SOME ILLUSTRATIVE CASES
PRIMOGENITURE BECOMES GENERAL
TENURE AND ALIENABILITY
CHAPTER 4. TENURES AND INCIDENTS. SUMMARY
KNIGHT SERVICE
SCUTAGE
THE DECLINE OF KNIGHT SERVICE
HOMAGE
RELIEF
WARDSHIP
MARRIAGE
AIDS
ESCHEAT AND FORFEITURE
SERJEANTY
SOCAGE
BURGAGE
VILLEINAGE
TENURE AND ALIENABILITY
FEUDAL RESTRAINTS ON ALIENATION
MORTMAIN
TENANTS IN CHIEF
THE ALIENABILITY OF SEIGNORIES
THE EFFECTS OF TENURE
WARDSHIP AND THE FAMILY
CHAPTER 5. THE RISE OF THE ENTAIL. SUMMARY
THE MARITAGIUM
THE EFFECT OF HOMAGE ON MARITAGIUM
EVOLUTION OF THE ENTAIL
CONDITIONAL FEES
BRACTON ON CONDITIONAL FEES
MARITAGIA BECOME ALIENABLE
THE STATUTE DE DONIS
THE DURATION OF AN ENTAIL
THE NATURE OF THE HEIR’S INTEREST
CHAPTER 6. THE COMMON LAW ESTATES DOWN TO 1540. SUMMARY
THE FEE SIMPLE
REVERSIONS
REMAINDERS
EARLY CONTINGENT REMAINDERS
THE RULE IN SHELLEY’S CASE
DOWER
CURTESY
THE LIFE ESTATE
THE TERM OF YEARS
THE ECONOMIC ROLE OF THE TERM
THE HUSBANDRY LEASE
CHAPTER 7. USES AND THE STATUTE. SUMMARY
THE HISTORY OF THE WORD “USE”
EARLY HISTORY OF USES
FEOFFMENT AND RE-ENFEOFFMENT
EARLY LEGISLATIVE INTERVENTION
THE GROWTH OF A STATUTORY POLICY
THE ESTABLISHMENT OF THE USE
ADVANTAGES OF USES
USES AND FEUDAL REVENUE
THE KING’S DEFEAT
THE KING’S NEW TACTICS
THE STATUTE OF USES
COMPLETION OF THE STATUTORY SETTLEMENT
CHAPTER 8. THE LATER LAW OF REAL PROPERTY. SUMMARY
AFTER THE STATUTE OF USES
THE ATTITUDE OF THE COMMON LAWYERS
LEGAL CONTINGENT REMAINDERS
USES EXECUTED AND EXECUTORY
EXECUTORY DEVISES
THE RULE AGAINST PERPETUITIES
THE RISE OF THE TRUST
THE USE UPON A USE
TYRREL’S CASE
SAMBACH v. DALSTON
CHAPTER 9. THE MORTGAGE. SUMMARY
EARLY FORMS OF GAGE
THE GAGE IN BRACTON’S DAY
JEWISH MORTGAGES
LITTLETON ON MORTGAGES
THE CLASSICAL COMMON LAW MORTGAGE
STATUTES MERCHANT, STATUTES STAPLE, ELEGIT
CHAPTER 10. CONVEYANCES. SUMMARY
ANGLO-SAXON CHARTERS
POST-NORMAN CHARTERS
VARIETIES OF DEEDS
FINAL CONCORDS: RECOVERIES
BARGAIN AND SALE
LEASE AND RELEASE
WILLS
DISENTAILING DEVICES: WARRANTIES
DISENTAILING BY FINE
THE COMMON RECOVERY
STATUTORY DEVICES
SUMMARY
CONTRACT
CHAPTER 1. ORIGINS. SUMMARY
CONTRACT IN ANGLO-SAXON LAW
THE THREE-PARTY CONTRACT
PLEDGE OF FAITH
CONTRACTS UNDER SEAL
GLANVILL ON DEBT
BRACTON ON COVENANT
CHAPTER 2. THE FOURTEENTH CENTURY. SUMMARY
THE ACTION OF DEBT
COVENANT
ACCOUNT
CONTRACT IN THE FOURTEENTH CENTURY
CHAPTER 3. ASSUMPSIT TO SLADE’S CASE. SUMMARY
THE BEGINNINGS OF ASSUMPSIT
THE MEANING OF ASSUMPSIT
ASSUMPSIT FOR NON-FEASANCE
ASSUMPSIT COUPLED WITH DECEIT
MUTUAL PROMISES
INDEBITATUS ASSUMPSIT
SLADE’S CASE, 1602
CHAPTER 4. CONTRACT AFTER SLADE’S CASE. SUMMARY
THE RESULTS OF SLADE’S CASE
CONSIDERATION
THE SOURCES OF CONSIDERATION
OUTSIDE INFLUENCES
LORD MANSFIELD ON CONTRACT
CHAPTER 5. LAW MERCHANT AND ADMIRALTY. SUMMARY
SOURCES OF MARITIME AND MERCANTILE LAW
THE ENGLISH SOURCES
COMMERCIAL JURISDICTIONS
MARITIME JURISDICTIONS
STATUTORY JURISDICTIONS
ATTACKS BY THE COMMON LAWYERS
THE CONTENT OF EARLY LAW MERCHANT
BONDS AND PROMISES TO PAY
BILLS OF EXCHANGE
BILLS OF EXCHANGE IN ENGLAND
PROMISSORY NOTES
SUMMARY
EQUITY
CHAPTER 1. THE EARLY HISTORY OF EQUITY. SUMMARY
THE RISE OF COURTS OF EQUITY
EQUITABLE FEATURES IN THE COMMON LAW
THE STRICTER SCHOOL OF LEGAL THOUGHT
EQUITY SEPARATES FROM LAW
THE CONTINUITY OF EQUITY
CHANCERY BILLS AND BILLS IN EYRE
THE SUB POENA AND COUNCIL PROCESS
THE FIRST PHASE OF EQUITY
CHAPTER 2. THE FORMATIVE PERIOD. SUMMARY
THE IDEA OF EQUITY
EQUITY AND LAW MERCHANT
THE BEGINNING OF FRICTION
THE CONDITION OF TUDOR EQUITY
THE EXTENT OF STUART EQUITY
EQUITY AFTER THE RESTORATION
THE EARLY SOURCES
EQUITY REPORTS
THE LATER LITERATURE OF EQUITY
CHAPTER 3. THE WORK OF THE CHANCELLORS. SUMMARY
ROBERT BURNELL
THE LATER MEDIAEVAI CHANCELLORS
SIR THOMAS MORE
LORD ELLESMERE
LORD BACON
LORD NOTTINGHAM
POST-REVOLUTION CHANCELLORS
LORD HARDWICKE
LORD ELDON
SUMMARY
SUCCESSION
CHAPTER 1. INHERITANCE. SUMMARY
INHERITANCE IN THE NORMAN PERIOD
THE HEIR IN THE TWELFTH CENTURY
THE RULES OF DESCENT
ASCENDANTS
COLLATERALS
REPRESENTATION: THE CASUS REGIS
THE PROBLEM OF THE DISTANT HEIR
THE HALF-BLOOD
THE CREATION OF HEIRS
THE POSITION OF THE HEIR
THE HEIR IN THE NINETEENTH CENTURY
CHAPTER 2. INTESTACY. SUMMARY
THE SEPARATION OF LAND AND CHATTELS
THE EFFECT OF INTESTACY
INTESTACY AFTER THE CONQUEST
THE CHURCH AND INTESTACY
COMPETITION FOR FORFEITURES
THE CHURCH AND ADMINISTRATION
ADMINISTRATION, CUSTOMARY AND STATUTORY
CHAPTER 3. WILLS. SUMMARY
ANGLO-SAXON WILLS
THE OPERATION OF ANGLO-SAXON WILLS
THE ANGLO-SAXON ACHIEVEMENT
WILLS IN THE NORMAN PERIOD
DEVISABLE BURGAGES
THE RISE OF THE EXECUTOR
THE MEDIAEVAL ENGLISH WILL
FORMAL REQUIREMENTS
PROBATE JURISDICTION
THE COMMON LAW AND EXECUTORS
ECCLESIASTICAL COURTS AND CHANCERY
THE FAMILY RESERVE
INDEX
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Notes. A GENERAL SURVEY OF LEGAL HISTORY
THE ANGLO-SAXON PERIOD: RACES AND RELIGION
THE CONQUEST TO HENRY II: THE BEGINNINGS OF ADMINISTRATION
THE GREAT CHARTERS: LAW SEPARATES FROM ADMINISTRATION
EDWARD I TO RICHARD II: STATUTES AND SOCIAL REVOLUTION
THE FIFTEENTH CENTURY: THE PROBLEM OF ENFORCEMENT
THE TUDORS: RENAISSANCE, REFORMATION AND RECEPTION
THE STUARTS: STRUGGLE FOR THE SUPREMACY OF LAW
THE EIGHTEENTH CENTURY: INDUSTRIAL REVOLUTION
THE NINETEENTH CENTURY: LIBERALISM AND REFORM
THE COURTS AND THE PROFESSION
THE COMMUNAL COURTS
SEIGNORIAL JURISDICTION
THE CROWN AND LOCAL COURTS
THE JURY
THE ORIGINS OF THE CENTRAL COURTS
THE ELABORATION OF THE JUDICIAL SYSTEM: 1307-1509
THE TUDORS AND THE COMMON LAW COURTS
THE RISE OF THE PREROGATIVE COURTS
PREROGATIVE, EQUITY AND LAW UNDER THE STUARTS
PARLIAMENT AND THE PRIVY COUNCIL
THE COURTS IN THE NINETEENTH CENTURY
THE LEGAL PROFESSION
THE GROWTH OF THE JUDICIARY
PROFESSIONAL LITERATURE
THE CIVIL LAW OF ROME
THE CANON LAW OF THE CHURCH
CUSTOM
LEGISLATION
THE PRINCIPLE OF PRECEDENT
THE FORMS OF ACTION
CIVIL PROCEDURE
PLEADING
CRIME AND TORT
CRIMINAL PROCEDURE
THE FELONIES
MISDEMEANOURS, TRESPASS AND TORT
LIABILITY, CIVIL AND CRIMINAL
DEFAMATION
FEUDALISM
FEUDALISM IN ENGLAND
INHERITANCE AND ALIENABILITY
TENURES AND INCIDENTS
THE RISE OF THE ENTAIL
THE COMMON LAW ESTATES DOWN TO 1540
USES AND THE STATUTE
THE LATER LAW OF REAL PROPERTY
THE MORTGAGE
CONVEYANCES
ORIGINS
THE FOURTEENTH CENTURY
CONTRACT AFTER SLADE’S CASE
LAW MERCHANT AND ADMIRALTY
EQUITY
THE EARLY HISTORY OF EQUITY
THE FORMATIVE PERIOD
THE WORK OF THE CHANCELLORS
SUCCESSION
INHERITANCE
INTESTACY
WILLS
