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Historia Placitorum Coronæ
''Historia Placitorum Coronæ'' or ''The History of the Pleas of the Crown'' is an influential treatise on the criminal law of England, written by Matthew Hale (jurist), Sir Matthew Hale and published posthumously with notes by Sollom Emlyn by E. and R. Nutt, and R. Gosling (the assigns of Edward Sayer), for F. Gyles, T. Woodward, and C. Davis in 1736. Publication The book was published despite an instruction in Hale's will that none of his manuscripts was to be printed after his death, unless he had ordered the publication during his lifetime. This was defended by Emlyn on the basis that it was a work of enormous importance; that he appeared to have revoked this instruction in a codicil (will), codicil; and that, in any event, it was obvious that he had intended to publish it. He further observed that the order was the result of fear that the text would be altered or abridged. Contents The book is divided into two parts. The first part deals with substantive law and the second ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale, Historia Placitorum Coronae (1st Ed, 1736, Vol 1, Title Page) - 20140209
Matthew may refer to: * Matthew (given name) * Matthew (surname) * Matthew (album), ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Chinese Elm ''Ulmus parvifolia'' Christianity * Matthew the Apostle, one of the apostles of Jesus * Gospel of Matthew, a book of the Bible Ships * Matthew (1497 ship), ''Matthew'' (1497 ship), the ship sailed by John Cabot in 1497, with two 1990s replicas * MV Matthew I, MV ''Matthew I'', a suspected drug-runner List of shipwrecks in 2013#4 June, scuttled in 2013 * Interdiction of MV Matthew, Interdiction of MV ''Matthew'', a 2023 operation of the Irish military against a 2001 Panamanian cargo ship See also * Matt (given name), the diminutive form of Matthew * Mathew, alternative spelling of Matthew * Matthews (other) * Matthew effect * Tropical Storm Matthew (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Of England
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sollom Emlyn
Sollom Emlyn (27 December 1697 – 28 June 1754) was an Irish legal writer. Life Emlyn was the second son of Thomas Emlyn. He was born at Dublin, where his father was at the time settled, on 27 December 1697. He studied law, entered as a student at Leiden University 17 Sept. 1714, became a member of Lincoln's Inn, and rose to be of great reputation as a chamber counsel. Emlyn was anxious for reforms of the law, and very forcibly pointed out the defects in the system as then practised. He remarked in 1730 on the 'tediousness and delays' of civil suits, 'the exorbitant fees to counsel, whereto the costs recovered bear no proportion,’ the overgreat 'nicety of special pleadings,’ the scandal of the ecclesiastical courts. In criminal law he objected to the forced unanimity of the jury, the Latin record of the proceedings, the refusal of counsel to those charged with felony, the practice of pressing to death obstinately mute prisoners, capital punishment for trifling offences, 'the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liberty Of The Savoy
The Savoy was a manor and liberty located between the Liberty of Westminster, on two sides, the Inner and Middle Temple part of the City of London and the River Thames. It was in the county of Middlesex. Named for the Savoy Palace, it came to be held by the Duchy of Lancaster, and was also known as the Liberty of the Duchy of Lancaster. The duchy continues to have land holdings within the area. The manor, enjoying the status of a liberty, comprised the precinct of the Savoy, the southern half and detached south-west of the parish of St Clement Danes and about three quarters of St Mary le Strand as it only, in a tiny part, extended north of Strand whereas those parishes straddled this ancient road. History Toponymy Savoy is derived from Peter II, Count of Savoy who was granted land by Henry III in 1246. Palace and hospital The land for the palace was granted by Henry III to Peter of Savoy, uncle of his queen, Eleanor of Provence, and was renamed Savoy Palace. Peter in turn ga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Codicil (will)
A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. The purpose of a codicil can differ across jurisdictions. It may serve to amend, rather than replace, a previously executed will, serve as an alternative or replacement to a will, or in some instances have no recognized distinction between it and a will. Etymology The term is derived from the Latin term meaning a 'short additional text' or a ' small writing tablet'. It is the diminutive form of codex. Origins The concept of a testamentary document as similar to but distinct from a will originated in Roman law. In the pre-classical period, a testator was required to nominate an heir in order for his will to be valid (). Failure to nominate an heir or failure to observe the proper formalities for nomination of an heir resulted in an estate divided pursuant to the rules of intestacy. However, a testator was also able to institute a ''fideicommissum'', a more flexible and less ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure. Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms."Henry Sumner Maine. On Early Law and Custom. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Benefit Of Clergy
In English law, the benefit of clergy ( Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and defendants made many efforts to claim clergy status, often on questionable or fraudulent grounds. Various reforms limited the scope of this legal arrangement to prevent its abuse, including branding of a thumb upon first use, to limit the number of invocations for some. Eventually, the benefit of clergy evolved into a legal fiction in which first-time offenders could receive lesser sentences for some crimes (the so-called "clergyable" ones). The legal mechanism was abolished in the United Kingdom in 1827 with the passage of the Criminal Law Act 1827. Origin When the Roman Empire converted to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Books Of Authority
Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England and Wales and other common law jurisdictions. These books are treated by the courts as authoritative statements of the law as it was at the time at which they were written, on the authority of their authors alone. Consequently, they are treated as authoritative statements of the law as it is at the present time, unless it is shown that the law has changed, and may be cited and relied on in court as such. The statements made in these books are presumed to be evidence of judicial decisions which are no longer extant. The primary reason for this practice is the difficulty associated with ascertaining the law of the medieval and early modern periods. On the subject of this practice, William Blackstone said: Abridgements of the year books ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1736 Non-fiction Books
Events January–March * January 12 – George Hamilton, 1st Earl of Orkney, becomes the Second Field Marshal of Great Britain. * January 23 – The Civil Code of 1734 is passed in Sweden. * January 26 – Stanislaus I of Poland abdicates his throne. * February 12 – Francis I, Holy Roman Emperor marries Maria Theresa of Austria, ruler of the Habsburg Empire at the Augustinian Church in Vienna. * March 8 – Nader Shah, founder of the Afsharid dynasty, is crowned Shah of Iran on a date selected by court astrologers. * March 31 – Bellevue Hospital is founded in New York. April–June * April 14 ** The Porteous Riots erupt in Edinburgh (Scotland), after the execution of smuggler Andrew Wilson, when town guard Captain John Porteous orders his men to fire at the crowd. Porteous is arrested later. ** German adventurer Theodor Stephan Freiherr von Neuhoff is crowned King Theodore of Corsica, 25 days after his arrival on Corsica on March 20. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
