VI. Elaboration VI.A. Magna Carta
Although everyone has heard of Magna Carta and it did indeed have a monumental influence on constitutional history, the clauses of Magna Carta seem less than enthr...
XI. Uses and Equity
Uses were the antecedents of the modern day trust. Once uses were well established, in the fifteenth century, one would describe it in the following way. Since the common law di...
III. Glanvill
Glanvill is a legal treatise written around 1188, probably not by anyone named Glanvill. The treatise is organized around the writs and details procedure; in a few instances, the auth...
VIII. The Writs of Entry
VIII.A. Rex v. B (circa 1280s) BL Add. 31826, fol. 63. A writ of entry ad terminum qui preteriit The king brought a writ of entry against B. and claimed a manor with the ap...
IX. The Statutes of Edward I
The origins of the common law came between 1176 and 1215. For decades thereafter the common law grew, whether by chancery action, judicial action, or legislative activi...
VII. The Right to Enter (to be read in conjunction with Whilton, assize and attaint)
These documents are yearbook reports. The examples of late twelfth century assizes of novel disseisin that we ha...
V.A. The Assize of Novel Disseisin and the Origins of Property The following cases derive from the plea rolls, the records of the king's court, written in Latin. These records become more formal an...
XII. Relational Obligations
Hypothesis: The elemental legal categories of twelfth century England were wrongs (unilaterally involuntary, damage producing occasions) and relational obligations. Rela...
Encyclopedia
common law
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king’s courts re...
XIII. Detinue
XIII.A. Glanvill's writ of debt/detinue: Glanvill, X.2-3 (ca. 1188) The king to the sheriff, greeting. Command N. to render to R., justly and without delay, 100 marks which he alleges...
Common Law
(Lat. communis, general, of general application; lex, law)
The term is of English origin and is used to describe the juridical principles and general rules regulating the possession, use...
II. The Reign of King Stephen (1135-1154)
When King Henry I died in 1135, he left only a daughter (Matilda), but a daughter to whom the English magnates had sworn loyalty and undertaken to acknowle...
An Overview of “Common Law”
LINKS
DEVELOPMENT OF COMMON LAW The Kings Court The Jury Writs Actions RECORDS OF CASES EQUITY TREATISES EXPANSION OF THE COMMON LAW
Introduction Two great systems of l...