The Sources Of The Law Of England; An Historical Introduction To The Study Of English Law

Paperback | February 6, 2012

byHeinrich Brunner

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1888 Excerpt: ... the ' Statutes at large from Magna Charta to the Union of the kingdom of Great Britain and Ireland,' by T. E. Tomlins and J. Kaitby, London 1811, 4to, 10 vols. B. JUDICIAL SOURCES. 1. Writs (Brevia).--There arose in the Koyal Court of Justice in England, as in Normandy, an official mode of procedure which was able to supplant the formal popular processes of duel and oath. It was limited in principle to the Curia Regis and was introduced by royal mandates (writs, brevia), and in part it was also extended further. At first such writs were a favour dispensed by the King for money in special cases. From the time of Henry II. they became a generally accessible means of law, as the royal Chancery was directed in all cases to furnish such Writs according to established formularies, to parties desiring them under certain conditions. The legal significance of the Writ was different according to its purpose. It either turned upon bringing the process to the King's Court, and then the accused was summoned by a Breve, which commissioned the Vicecomes1 to enjoin on the accused restitution of the object of the plaint; and in case of this not being done, he had to answer for himself before the royal Court. Such a Breve was called a Writ of Praecipe, and it had its antecedent and model in a Frank Indiculus commonitorius. Or again, the Vicecomes was commissioned by the Breve to institute a proof by jury (recognitio), and to summon those who had thus to take cognizance of the question submitted for proof (Breve recognitionis). Brevia could also be issued i ' Vicecomes, a Sheriff. The word used after the Conquest to describe the Scyr-gertfa.'--Stubbs. on numerous other occasions. It is peculiar to the English Law, that even the procedure in accordance with the popular right, ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1888 Excerpt: ... the ' Statutes at large from Magna Charta to the Union of the kingdom of Great Britain and Ireland,' by T. E. Tomlins and J. Kai...

Format:PaperbackDimensions:22 pages, 9.69 × 7.44 × 0.05 inPublished:February 6, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217637418

ISBN - 13:9780217637411

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