Cover; An Introduction to English Legal History; Copyright; Preface to the Fifth Edition; Contents; PART ONE; PART TWO; Table of Statutes; Table of Cases; CASES CITED BY NAME; YEAR-BOOKS AND ANONYMOUS CASES; Kings and Queens since 1066; List of Abbreviations; PART ONE; 1: Law and Custom before 1066; Communal Justice; Procedure and Proof; The Old English Assemblies; From Communal to Personal Authority; Further Reading; 2: The Common Law of England; Regional and Itinerant Royal Justice; Judicial Commissions; Central Royal Justice; The Two Benches; The Nisi Prius and Assize System
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Decline of the Common-Law SystemLatin and Court-Hand; Double Pleading; General and Special Pleading; End of the Common-Law System; Changing Role of the Court; Further Reading; 6: The Court of Chancery and Equity; The Chancery; The Great Seal; The Chancery Clerks; The Latin Side; The English Side; Mischiefs in the Law; Early Chancery Procedure; Business of the Chancery 1400-1600; Law and Equity; Chancery and the Common-Law Courts; Equity According to Rule; Mischiefs of the Chancery; Reform and Abolition; Further Reading; 7: The Conciliar Courts; The Court of Star Chamber; The Court of Requests
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Effects on Local JusticePeace-Keeping at Local Level; Local Civil Justice; Justice outside the Common Law; Custom; Arbitration; The Reach of the English Common Law; The Sea; Norman Law and the Channel Islands; Wales and the Common Law; Ireland and the Common Law; The Law of Scotland; Further Reading; 3: The Superior Courts of Common Law; Magna Carta and Common Pleas; Changing Functions of the Medieval King's Bench; The Common-Law Courts Challenged; The Resurgence of the King's Bench; Bill Procedure; Substantive Law Reform in the King's Bench; Reaction by the Common Pleas
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Regional Conciliar and Equity CourtsThe Courts of the Admiral and Marshal; The Court of the Constable and Marshal; The High Court of Admiralty; Further Reading; 8: The Ecclesiastical Courts; Canon Law and Common Law; Effect of the Break with Rome; Nineteenth-Century Reforms; Further Reading; 9: Judicial Review of Decisions; The Writ of Error; Courts of Error; Development of the Appeal; Judicial Consultations on Points of Law; The Privy Council; Review in Chancery; The Court of Appeal and House of Lords; The Prerogative Writs; Prohibition; Quo Warranto; Habeas Corpus; Mandamus; Certiorari
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The Exchequer of PleasUniformity and Abolition; Further Reading; 4: The Forms of Action; Originating an Action; Types of Original Writ; Praecipe Writs; Plaints of Wrong; Trespass; Trespass on the Case; Judicial Writs; Mesne Process; Final Process; End of the Forms of Action; Further Reading; Table A. Principal types of original writ; 5: The Jury and Pleading; From 'Proof ' to 'Trial'; The Rise of the Jury; Trial by Jury; Medieval Pleading and Legal Argument; Reaching the Issue; Oral and 'Tentative' Pleading; Judge, Jury, and Medieval Legal Development; The System Transformed; Motions in Banc
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SUMMARY OR ABSTRACT
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This is a comprehensively revised and updated fifth edition of the definitive history of the development of the common law in England.