The Equitable Jurisdiction of the Court of Chancery: Comprising Its Rise ... - George Spence - Google Books

Books

INTERFERENCE OF THE COMMONS IN MATTERS OF LEGISLATION

Assemblies held of all classes of Freemen, under the King's Authority,

to agree upon Petitions for Amendment of the Laws

The Corresponding Assemblies held by the Roman Provincials

Germ of the House of Commons as at present constituted

ECCLESIASTICAL SYNODS-Their Constitution, and Nature of the Business

there transacted

Questions in regard to Marriage and Divorce

THE ROMAN LAW resorted to by the Clergy

Probably introduced into the King's Court through this medium

General Summary of the Anglo-Saxon system of Jurisprudence, its Na-

ture and Sources

BOOK THE SECOND.

THE NORMAN CONQUEST AND ITS CONSEQUENCES AS AF-

FECTING THE LAWS AND INSTITUTIONS OF ENGLAND-

COMPRISING THE ORIGIN AND SOURCES AND LEADING

PRINCIPLES OF THE COMMON LAW OF ENGLAND.

THE NORMAN CONQUEST-REIGN OF WILLIAM I.

Contested Succession on the death of Edward the Confessor-William the

Conqueror and Harold the chief Competitors

Victory declares for William

William commences his reign as Successor of the Anglo-Saxon Kings

Grants of Land to his Followers-to be held hereditarily as Military

Prevalence at this time of the Feudal System throughout Europe

Incidents of Feudal Grants, Military Service, Wardship, Marriage,

Lands held by English Thanes also converted into hereditary Feuds

Also the Estates of Bishops and Abbots

All Holders of Land bound by Oath of Fidelity to William

Feudal Tenure becomes general

Further Confiscations and Donations to Norman Barons

The Maxim established that all Land came from the Gift of the King

Manorial Rights continued

Greater and Lesser Barons

General Degradation of the Natives

Reliefs

Tenure in Villeinage-Customary Courts-Heriots

Conditions of Towns and their Inhabitants after the Conquest

London-Peculiar Customs in London and other Towns

Compilation of Domesday-Its Object

Burgage Tenure, and Free or Common Socage

Property of the Church and of Ecclesiastical Bodies, how far preserved

Scheme of Judicial Organization at the Close of the Conqueror's Reign

96

96

The Office of Chancellor, and of Master or Keeper of the Rolls

The Office of Chief Justiciary created

Justices specially appointed for the Trial of Causes

Special Directions given for Trials at the County Court-Precepts of the

Course of Proceeding in such Cases

Matters of Ecclesiastical Cognizance removed from the Civil Tribunals to

the Ecclesiastical Courts

Court of Exchequer Established

Legislative Assemblies-Ancient Curia Regis held three times a Year

The Members who attended the Conqueror's Councils-Matters there

LAWS AND INSTITUTIONS OF ENGLAND DURING THE REIGNS OF WILLIAM II., HENRY I.,

William Rufus-he also claimed Hereditario Jure

English Population begin to emerge from their state of Depression

Increase of business in the King's Court-Number of Justices increased

Greater and Lesser Barons-Viri periti, or Witan

Grants from Royal Domains

Henry I. prepares to be a Legislator-Materials collected for a Code-

References to Roman Law -

In the Reign of Stephen, the Study of the Roman Law is revived through-

Vacarius, an Italian Jurist, comes to England-Establishes a School of

Civil Law at Oxford-Remains of that School, and see the INDEX,

108 note

LAWS AND INSTITUTIONS OF ENGLAND FROM THE REIGN OF HENRY II. TO THAT OF

EDWARD I. INCLUSIVE.

Accession of Henry II.-The English regain the Ascendency

The Attention of the King and his Advisers turned to Civil Jurispru-

[blocks in formation]

Trial by Assize-The Grand Assize-Recognitions-Assize of Novel Dis-

Origin and gradual Development of Trial by jury in Civil Cases

Number of Justices in the King's Court, from Hen. II. to Hen. III.

Court of Common Pleas established in the Reign of John

Justices of Assize, and Nisi Prius

The Court of King's Bench

Pieas of Trespass vi et armis (int. alia) determined there

The Court of Exchequer

Fictions and other Contrivances resorted to in later times by each of the

Courts for enlarging their respective Jurisdictions

Justices in Eyre appointed

Parties prohibited from bringing Cases under 40s. to the King's Court

The Chancellor-Great advance in Rank and Dignity

The Clergy-Jurisdiction in matters of Breach of Faith and Trust taken

away-Questions as to Marriage, Wills of Personal Estate, &c.,

left to the Ecclesiastical Courts

Glanville's Treatise on the Laws of England

Fleta-Britton-Mirror of Justices, &c. -

Sources from which these Treatises were compiled

Doctrines of the ROMAN LAW to be found in Glanville's Treatise

Also in Bracton's, sometimes without direct reference

Jus Pratorium of the Common Law

Direct Reference to the Institutes, Digest and Code, by Bracton

Other Sources of these Treatises-Rolls of Justices in Eyre

Roman Law referred to on Constitutional points

The maxim "Quod principi placet legis habet vigorem"

Franciscus Accursii Councilor of Edward I.

Disappearance of Anglo-Saxon Laws-The Common Law of England

Account of the Common Law given by C. J. Fortescue, and C. J. Pop-

ham, acquiesced in by Sir E. Coke, and other high authorities

Retrospect of the Alterations made in the Judicial System of England

The necessity for some Interference to Supply the Deficiencies of the

Common Law, and to correct its rigor in particular Cases adverted

to-Consideration of the means adopted for this purpose deferred

till the general principles of the Common Law, and its mode of

Procedure have been more fully considered

[blocks in formation]

SUMMARY OF THE DOCTRINES OF THE COMMON LAW OF ENGLAND RELATING

TO REAL PROPERTY.

OF REAL PROPERTY-Dominium Directum dissevered from the Domi-

nium Utile-the latter only capable of being enjoyed in real Pro-

Nature of Estates at Common Law:-

I. Estates of Freehold are of the following kinds:

1. Estate in Fee-simple-not originally alienable by Will, and

Power of Alienation by Act inter vivos

Original Restrictions-in part removed in the time of

Glanville and Bracton

Unlimited power of aliening Fee-simple Lands, not held in

Capite, given by the Legislature in the time of Edward I.,

with a restriction against Alienations in Mortmain

The Doctrine that all transfers of Freehold Interests in real

Estate should be by delivery of Possession adopted, possi-

bly, from an Edict of Constantine-Livery of Seisin

2. Estate in Fee-tail

Gifts in Tail made effectual so as to prevent Alienation by

Statute De Donis passed in the reign of Edward I.

Origin of Modern Estates Tail-General and Special -

The Rule in Shelley's Case noticed

Contrivances resorted to to evade the effect of the Statute De

141 142

Mode by which they were made to operate for the above pur-

Recoveries, their Origin and Nature, and by what means they

were made to effect the same end, and to bar those in Re-

mainder and Reversion

3. Base Fee-Nature of this Estate

4. Estate for Life-by the act of Parties

By operation of Law-Tenancy by the Curtesy and Tenancy

in Dower-their Nature

Modern Alterations in the Law as effecting Dower

II. Interests less than Freehold:

1. Tenancy for Term of Years

2. Tenancy at Will

3. Tenancy by Sufferance

Estates in Land founded on Custom

Estates of the same nature as those by Common or General Law grew

up-Tenancy by Copy of Court Roll-Customary Freeholds-their

Tenure in Frankalmoigne-a Fee-simple Tenure-its peculiar Nature

Of Estates held jointly by more than one Person-Parceners, Joint-tenants

and Tenants in Common

Incorporeal Hereditaments

Capable of being enjoyed for similar Estates and Interests as Corporeal

Of Rents-Rent Service-Rent Charge-Rent Seck

Other Incorporeal Hereditaments, Rights of Common, Easements, Fran-

chises or Liberties

Some of the Qualities of, or Qualifications annexed to, Estates considered

Conditions-precedent and subsequent

Conditional Limitations at Common Law

Of Estates to be enjoyed at a future time-Remainders-Reversions

Remainders either Vested or Contingent

156 157 158 159

Original Conveyances at Common Law

Releases, Confirmations, Surrenders

Feoffments, Gifts, Grants, Deeds of Exchange, Deeds of Partition

Derivative Conveyances

Introduction of mode of Conveyance by Lease and Release

Assignments and Defeazances'

164

The Effect of the Doctrine as to Livery of Seisin in regard to future or

expectant Estates at Common Law stated

Modern Statutes affecting Livery of Seisin

Exception to general rule as to Seisin as regards Property of the Church

Reversion, its Nature

The different Common Law modes of Alienation:-

The Statute of Frauds, 29 Car. II. c. 3, so far as it affects Aliena-

tions of real Estate

Fines and Recoveries as modes of Assurance by the Common and
Statute Law

The general Nature and Effect of the Stat. 3 & 4 Will. IV. c. 74,

for the Abolition of Fines and Recoveries stated

Modern Statutes 8 & 9 Vict. c. 119, as to form of Conveyance

Alienation by Matter of Record-Private Acts of Parliament, Grants

Bonds-how far they may affect real Estate

The Statutes 27 Eliz. c. 4, and 13 Eliz. c. 5, passed for the protection

of bona fide Purchasers and Creditors

Testamentary power over Lands given by Statute reserved for sub-
sequent part of this Work, Book III. c. 5, p. 468, et seq.

164 165

2. Involuntary Alienation

The Law on this subject traced to the Present Time

Modern Statutes for securing payment of Debts to Creditors shortly

The general Doctrines of the Common Law as regards Descent

shortly traced-Descent of Lands held in Gavelkind and

Borough English

Modern Statute 3 & 4 Will. IV. c. 106, shortly noticed

Reverter and Escheat-Inquests of Office, of Roman Origin

PROPERTY IN THINGS PERSONAL.

Personal Property, why so called -

Goods and Chattels, terms or Art for Personal Estate

Chattels, Real and Personal

Goods, in Possession and in Action

Choses in Action described

Right of Action for Damages on Contracts express and implied

For Damages in respect of Wrongs or Injuries

Copyright-Patent Rights

Joint Tenancy and Tenancy in Common, in Personal Property

Alienation of Personal Property

Gifts necessity for Delivery of the Thing or of Deed of Gift

Statutes of 13 & 29 Eliz. against fraudulent Gifts of Lands, &c.; and of

Goods and Chattels to defraud or hinder Creditors -

Contracts What Contracts or Agreements are binding at Law

Consideration necessary

Promissory Notes and Bills of Exchange

Power of Devising or Bequeathing Personal Estate

Not interfered with at the Norman Conquest

Rationabilis Pars secured for Wife and Children

Customs preserved in London and Province of York

The Office of Executor

Resemblance to the Hæres of Roman Law

The Office of Administrator

Duties of Executors and Administrators in respect of the Goods and Chat-

tels of the Testator or Intestate which devolve upon them

Devastavit on the part of the Executor or Administrator-by direct

abuse and by negligence-in case of inevitable accident

Legal Order in which Debts are to be Paid

Right of Retainer by Executor and Administrator

Payment of Legacies

Courts of Law have renounced their Jurisdiction over Legacies

Limitations of Chattel Interests, and of Estates pur autre vie-Entails

Donationes mortis causa

Distribution of Personal Estate on Intestacy

LAWS RELATING TO BANKRUPTS AND INSOLVENTS.

The Early Statutes relating to Bankrupts

Bankruptcy confined to Traders

Commissioners of Bankrupt-their Office under 13 Eliz. & 1 Jas. I.—

Distribution of Estate, real and personal, amongst the Creditors of

Consolidation of Bankrupt Laws by Statute 6 Geo. IV. c. 16

The later Statutes-Court of Bankruptcy created-Permanent Commis-
sioners appointed in London-Court of Review-Permanent Com.
missioners appointed in the Country

199

199 200

« Previous Continue »