Description: Analyzing the extent to which the common law protected possession against proprietary rights. Description: Pointing out numerous “inaccuracies, oversights, and positive errors” in the Ames Foundation publication of a Year Book from the reign of Richard II. The author provides translated examples of the four different ways in which a case could be resolved: Summarily, by the Wager of Law, by Jury, and by the Inquest.
Part I relies primarily on Bracton to show how the early common law protected “vicious” and untitled possessors against true owners. The author carefully examines the translation of Y. This article translates, cites, and discusses numerous Year Book cases.
Interesting stories are pieced together from cases in 33 Henry VI, reports from the Eyre of Northamptonshire of 3 Edward III, 7 Edward II, 4 Edward III, 2 Edward III, and the Bedfordshire Eyre of 4 Edward III.
Description: Explaining the differences between the Year Books and the Plea Rolls, the incompleteness of the records in the Plea Rolls, and an explanation of the process and effect of attornmant, homage and the writ of per quae servicia. Description: Historical account of judicial legislation, or decision-making on the basis of judicially announced public policy in the English common law.
Description: A short article explaining how justices of the Court of Common Pleas under Edward III began enforcing a papal constitution, Execrabilis. Description: An attempt to find a judicial method of valuation of property at early common law.
Comparing Year Book cases from the reign of Edward III and the Plea Rolls. In the end, however, very little can be gleaned from Year Book accounts, abridgements, and early treatises.Description: Analysis of the “legal profession” in the 14th and 15th century focusing on the serjeants and judges, the apprentices of the law and the Inns of Court, and the relation between the Inns of Court and the serjeants and judges. Description: A long article demonstrating the ability of the Year Books to bring the ancient courtroom to life with anecdotes of wit and passion. A few plea rolls are reproduced to show the historical detail contained within.Contains translations of a cases in the Vulgate edition, P. Description: General overview of the Year Books, lamenting the fact that they are so little known and so seldom studied.Description: An article exploring the origins of modern contract doctrine in the action of debt, covenant and assumpsit. Henry Budd Reports and Some Reporters, American Law Review, vol. The article often emphasizes the personalities of the reporters themselves through the details they reported. Turner’s speculations concerning Plowden’s tale of the four official reporters paid by the King. Year Book cases are cited and discussed, and a formerly unpublished petition is reproduced in its entirety.Particular attention paid to the origin of consideration, arguing that the doctrine was borrowed from equity. Description: With the goal of creating a complete bibliography of English Law, the author explains the imperfect state of bibliographical records from the Anglo-Saxon period and the middle ages and suggests various reforms. Holdsworth argues that the tale sheds little light on the origins of the Year Books. Description: The article traces the action of debt through the stages of writ, appearance of defendant, settling the pleadings, proof and judgment.Description: Analyzing evidence that early Year Books manuscripts came close to including both pleadings and arguments, anticipating modern case reporting in a way that the later Year Books do not.The article deals with a few Year Book cases, mostly from Edward I, II, and III.Description: A lecture delivered at the University of London, asking and answering the questions of why Pleas of the Crown and Assizes are combined in the same work, The Book of Assizes, and why such a work exists only for the reign of Edward III.Includes a general survey of the content of the Book of Assizes and an explanation of its significance.Article focuses on the Dialogues of Christopher St. Description: Article on bills in equity from the Year Books of the General Eyres.Germain and its application to three groups of Year Books cases. Discussing when they began and ended and establishing their place in the general history of equitable jurisdiction.