7.2 HANDBOOKS OF PROCEDURE AND PLEADING
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7.2 HANDBOOKS OF PROCEDURE AND PLEADING

7.2 HANDBOOKS OF PROCEDURE AND PLEADING


Consuetudines Diversarum Curiarum. SS, 60 for 1941. London: Quaritch, 1941. OCLC: 1922765 (external link)
Abstract: A tract E of about the year 1240 explaining judicial procedure in civil and ecclesiastical cases and criminal procedures at Assizes. Published as an appendix to Richardson and Sayles Select cases of procedure without writ under Henry III (SS, Vol. 60 for 1941)

Dunham, William H., ed. Casus Placitorum, and Reports of the Cases in the King's Courts, 1272-1278 . SS, 69 for 1950. London: Quaritch, 1952. OCLC: 991384 (external link)
Abstract: Text in English. The Casus resembles an annotated casebook based on judicial decisions delivered during the reign of Henry III... Reports appear to be contemporary reports of cases decided in the period around 1250 mainly in the Court of Common Pleas and at the eyres in the country.

Hale, Matthew. Pleas of the Crown, or, A Methodical Summary of the Principal Matters Relating to That Subject. London: Printed by the assigns of Richard Atkyns and Edward Atkyns Esquires, for William Shrewsbury ... and John Leigh ..., 1678. OCLC: 11998222 (external link)
Notes: 1682 and 1678 editions also available online in EEBO (external link); 1707 edition available in ECCO (external link); 1716 edition available in Modern Economy (subscription databases)
Abstract: An early treatise on criminal pleadings.

Hale, Matthew, and Sollom Emlyn, ed. Historia Placitorum Coronae. The History of the Pleas of the Crown. 2 Vols. London: Printed by E. and R. Nutt, and R. Gosling for F. Gyles, 1736. OCLC: 1812981 (external link)
Notes: 1800 and 1847 editions also available online in MOML (external link); 1847 edition also available online in HeinOnline (external link) (subscription databases)
Abstract: An early treatise on pleadings.

Hengham, Ralph de, and William H. Dunham, ed. Radulphi De Hengham Summae. Ed. by William Huse Dunham . Cambridge Studies in English Legal History, 8. Cambridge: Cambridge University Press, 1932. OCLC: 1326898 (external link)
Abstract: Text in Latin. Hengham's Summa Magna and Summa Parva are two little treatises on procedure, dealing with essoins (external link), defaults, writs etc. Probably written before 1290. Hengham (external link), Chief Justice of the king's bench, died in 1311.

Hone, Nathaniel J., ed. A Mannor and Court Baron (Harleian MS. 6714),with preface by Samuel J. Green. Manorial Society's Publications, 3. London: The Manorial Society, 1909. OCLC: 15502786 (external link)
Notes: Also available online in MOML (external link)(subscription database)
Abstract: Reproduces the text of the Harleian MS. (No. 6714) in the British Museum.

Kaye, J. M., ed. and trans. Placita Corone, or La Corone Pledee Devant Justices. Selden Society Supplementary Series, 4. London: Selden Society, 1966. OCLC: 19433498 (external link)
Abstract: A French treatise on various aspects of criminal law, with accompanying English translation. Concerned almost exclusively with proceedings in court, it "began its career as a set of detailed precedents for the conduct of appeals of felony in the king's court: presumably, although this is nowhere stated, the court of justices of general eyre." The date of the original manuscripts is uncertain, probably early fourteenth century. The earliest datable event cited in the text is 1274.

Kitchin, John, ed. Le Court Leete, Et Court Baron, Collect Per Iohn Kytchin De Greys Inne Vn Appre(n)Tice En Le Ley, Et Les Cases Et Matters Necessaries Pur Seneschals De Ceux Courts a Scier, Pur Les Students De Les Measons De Chauncerie. London: Richard Tottell, 1580. OCLC: 61365645 (external link)
Notes: The 1580, 1581, 1585, 1587, & 1592 editions also available online in EEBO (external link) (subscription database)
Abstract: Other titles: Retorna breuium; Retorna brevium; Returna brevium.

Maitland, Frederic W., and W. Paley Baildon, eds. The Court Baron. SS, 4 for 1890. London: Quaritch, 1891. OCLC: 1909776 (external link)
Abstract: "This book consists of five parts. Four of these are texts of old tracts on the holding of feudal courts, viz. La Court de Baron of about 1280, De Placitis et Curiis Tenendis of about 1270, and two books called Modus tenendi Curias dating from about 1307 and the other from about 1342. The fifth section is a record of pleas tried in the court of the Bishop of Ely, at Littleport, 1285-1327. The precedent books were used as a guide for the stewards of manorial courts."

Phayer, Thomas. A Newe Boke of Presidentes in Maner of a Register, Wherin Is Comprehended the Very Trade of Makyng All Maner Euydence and Instrumentes of Practyse, Ryght Commodyous and Necessary for Euery Man to Knowe. London: Edward Whytchurche, 1543. OCLC: 56707517 (external link)
Notes: Also available online in EEBO (external link) (subscription database)
Abstract: At least 18 editions were published before 1600. A comprehensive collection of all kinds of legal documents, besides a calendar of court sessions.

Rastell, William, ed. A Colleccion of Entrees, of Declaracions, Barres, Replicacions, Reioinders, Issues, Verdits, Iudgements, Executions, Proces, Contynuances, Essoynes, & Diuers Others Matters. And Fyrst an Epistle, With Certayne Instructions Necessarye to Bee Redde for the Redy Fyndi(n)Ge of the Matters in Thys Booke. London: Richardi Tottell, 1566. OCLC: 55190008 (external link)
Notes: Also available online in EEBO (external link) (subscription database)
Abstract: Mostly in Latin, partly in Law French. A systematic subject arrangement of legal forms and entries.

Ratcliff, Sidney C., A. J. Collins , and Bertram Schofield , eds. Legal and Manorial Formularies. Oxford: Oxford University Press, 1933. OCLC: 3634670 (external link)
Abstract: Text in Latin. Edited from original manuscripts dating to about 1300 in the British Museum and the PRO.

Thorne, Samuel E., ed. Readings and Moots at the Inns of Court in the Fifteenth Century. 2 vols. v.1 SS,71 for 1952. London: Quaritch, 195-1990. OCLC: 224170290 (external link)
Abstract: Translations of Norman-French manuscripts of readings from the early and middle part of the fifteenth century. The 'old statutes' of Henry III and Edward I were the main subjects studied. v.2 edited by Samuel E. Thorne and John H. Baker.

Turner, George J., ed. Brevia Placitata. SS, 66 for 1947. London: Quaritch, 1951. OCLC: 1922770 (external link)
Abstract: A 13th century treatise in Norman French on pleading in the King's courts. It appears to have been written in 1260 and contains the earliest collection of common law pleadings, dating from the mid-thirteenth century.

Vacarius, and Francis de Zulueta, ed. The Liber Pauperum of Vacarius. SS, 44 for 1927. London: Quaritch, 1927. OCLC: 22894393 (external link)
Abstract: "An edition in nine books of Vacarius' epitome and gloss of the Roman 'Corpus Juris.' ... An important contribution to medieval civil law studies."

Woodbine, George E., and Ralph de Hengham, ed. Four Thirteenth Century Law Tracts: a Thesis Presented to the Faculty of the Graduate School of Yale University in Candidacy for the Degree of Doctor of Philosophy. New Haven: Yale University Press, 1910. OCLC: 3438621 (external link)
Notes: Also available online in MOML (external link)(subscription database)
Abstract: Contents: Introduction; Fet Asaver; Judicium Essoniorum; Modus Componendi Brevia; Exceptiones ad Cassandum Brevia. Tracts compiled for the use of English lawyers, the authorship of the first three has been attributed to Sir Ralph de Hengham (external link). Fet Asaver, probably written before 1275, is in Anglo-French. Judicium Essoniorum, probably dates to 1267-1275 and Modus Componendi Brevia, written sometime after 1285 are both in Latin. Exceptiones ad Cassandum Brevia is in Anglo-French.

Wormald, Patrick, ed. The First Code of English Law. Canterbury: Canterbury Commemoration Society, 2005. OCLC: 69733644 (external link)
Abstract: Includes: Fet Asaver; Judicium Essoniorum; Modus Componendi Brevia; Exceptiones ad Cassandum Brevia. The first three of these tracts, compiled for the use of English lawyers, have been attributed to Sir Ralph de Hengham (external link). Fet Asaver, probably written before 1275, is in Anglo-French. Judicium Essoniorum, probably dates to 1267-1275 and Modus Componendi Brevia, written sometime after 1285 are both in Latin. Exceptiones ad Cassandum Brevia is in Anglo-French. All these are also reproduced in George Woodbine's FourTthirteenth Century Law Tracts.


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