The History of Conspiracy and Abuse of Legal Procedure |
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Common terms and phrases
14th century abettors abuse of legal accused acquitted action alleged amercement appellee appellor arraigned assize attaint barrator barratry Bract Bracton Brev champerty cited Coke Common Law confederacy Consp convicted Court criminal damages decies tantum defendant definition of conspirators Eliz embracery English law English legal history evidence Eyre false appeals false indictment falsely and maliciously federacy felony Fitz guilty Hawk Ibid imprisonment indictment indictors Inner Temple inquest Inst judges judgment judicial jurors jury justices King King's legal procedure Lord maintain maintenance nonsuited oath obiter obiter dictum offence Ordinance Ordinatio P.C. ch Parl party Pasch persons Plac plaintiff plea pleaded printed Register prison procured punishment Rawlinson Realm refers reign remedy Rolls Series S. S. vol sect sheriff shew spiracy Stanf Star Chamber Statute of Conspirators Statutum de Conspiratoribus sued suit sworn trespass trial Trin verdict writ of conspiracy
Popular passages
Page 211 - Hereunto may also be referred another offence, of equal malignity and audaciousness ; that of suing another in the name of a fictitious plaintiff: either one not in being at all, or one who is ignorant of the suit. This offence, if committed in any of the king's superior courts, is left, as a high contempt, to be punished at their discretion. But in courts of a lower degree, where the crime is equally pernicious, but the authority of the judges not equally extensive, it is directed...
Page 129 - The third sort of damages, which will support such an action, is damage to a man's property, as where he is forced to expend his money in necessary charges, to acquit himself of the crime of which he is accused, which is the present charge.
Page xiii - The rational study of law is still to a large extent the study of history. History must be a part of the study, because without it we cannot know the precise scope of rules which it is our business to know. It is a part of the rational study, because it is the first step toward an enlightened scepticism, that is, toward a deliberate reconsideration of the worth of those rules.
Page 1 - ... to move or maintain Pleas; and also such as cause Children within Age to appeal Men of Felony, whereby they are imprisoned and sore grieved; and such as retain Men in the Country with Liveries or Fees for to maintain their malicious Enterprises; and this extendeth as well to the Takers, as to the Givers.
Page 203 - ... to restrain the offenders, rioters, and all other barrators, and to pursue, arrest, take, and chastise them according their trespass or offence; and to cause them to be imprisoned and duly punished according to the law and customs of the realm, and according to that which to them shall seem best to do by their discretions and good advisement...
Page 136 - ... and this on the whole represents what is to be found in the Year Books. It is true that we read of maintenance being brought against one who was alleged to have improperly interfered in an appeal of...
Page 53 - is a consultation and agreement between two or more, to appeal, or indict an innocent falsely and maliciously of felony, whom accordingly the cause to be indicted or appealed; and afterward the party is lawfully acquitted by the verdict of twelve men.
Page 45 - That in all appeals of murder, if the appellant declare the deed, the year, the day, the hour, and the town or place, where the deed was done, and with what weapon the person killed was slain, the appeal shall stand good in effect, and no such appeal shall be abated for default of fresh suit, if the party shall sue within the year and the day, after the deed done.
Page 67 - Conspirators be they that do confeder or bind themselves by oath, covenant, or other alliance, that every of them shall aid and bear the other falsely and maliciously to indite, or cause to indite, or falsely to move or maintain pleas...
Page 20 - Nichil detur vel capiatur de cetero pro brevi inquisicionis de vita vel membris, sed gratis concedatur et non negetur.