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The History of Conspiracy and Abuse of Legal Procedure
By Percy Henry Winfield
2001/09 - Beard Books - Law Classic
1587981068 - Paperback - Reprint - 248 pp.
US$34.95
Legal professionals will quickly see analogies in abuses of legal procedure
today.
Publisher Comments
This erudite tome gives a historical account of the earlier known abuses of legal procedure. It is sure to be of interest to legal scholars as well as those curious about the origins of actions and activities resorted to in the early days to abuse the legal system. Among other subjects, there is focus on conspiracy, influencing jurors, misconduct of jurors, stirring up litigation, and frivolous arrests.
No book reviews available.
Percy Henry Winfield, LL.D., 1878-1953, was Professor of English Law, St. John's College, Cambridge, and the Inner Temple, Barrister-at-Law; as well as Lecturer in Law at St. John's and Trinity Colleges, Cambridge. Dr. Winfield was also the Editor of the Cambridge Law Journal. He authored numerous books on the law.
 Other Beard Books by
Percy H. Winfield
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General Preface by HD Hazeltine |
v |
| Author's Preface |
xv |
| Index of Statutes |
xxi |
| Index of Year Books |
xxii |
| Index of Cases |
xxv |
|
|
| I. |
Early History of Abuse of Procedure and Especially of
Conspiracy |
1 |
|
Early Meaning of Conspiracy |
1 |
| Abuse of Legal Procedure Generally; (I) In Anglo-Saxon
Times, (2) After the Conquest |
4 |
| Appeals |
5 |
| Indictments |
13 |
| Writ de odio et atia |
15 |
| Statute of Conspirators |
22 |
|
|
| II. |
The Writ of Conspiracy |
29 |
|
Origin of the Writ |
29 |
| Classification in Register |
37 |
| Scope of Writ |
|
| (I) Application to false appeals |
39 |
| (II) Application generally |
51 |
| (a) Criminal accusations |
52 |
| (b) Civil proceedings |
55 |
| Essentials of Liability to Writ |
59 |
| (I) Combination |
59 |
| (II) Falsity and malice |
66 |
| (a) Indictors |
67 |
| (b) Jurors |
70 |
| (c) Witnesses |
71 |
| (d) Judges |
78 |
| (e) Officials |
80 |
| (III) Procurement |
81 |
| (IV) Acquittal of plaintiff |
83 |
| Application of Writ to Women |
88 |
| Death of Accused |
88 |
| Compromise |
89 |
| Miscellaneous Points of Procedure |
89 |
|
|
| III |
Early History of Conspiracy to Abuse Procedure as a
Crime |
92 |
|
Civil and Criminal Procedure Distinguished |
92 |
| Early History of the Crime |
93 |
| Confederacy |
96 |
| Villainous Judgment |
99 |
| Development of the Crime |
102 |
|
|
| IV |
Development of Criminal Conspiracy Generally to End of
18th Century |
109 |
|
Preliminary |
109 |
| Parliament Rolls |
109 |
| Trade Combinations |
111 |
| Latter Half of 17th Century |
112 |
| Beginning of the 18th Century |
115 |
|
|
| V |
Action on the Case in the Nature of Conspiracy |
118 |
|
Decay of Writ of Conspiracy |
118 |
| Action on the Case |
119 |
|
|
| VI |
Maintenance and Champerty, Historical Outline |
131 |
|
Coke's Definition |
131 |
| Manutenentia Ruralis |
132 |
| Manutenentia Curialis |
135 |
| General and Special Maintenance |
136 |
| Were Maintenance and Champerty forbidden at Common Law |
138 |
| Remedies down to Rich II |
150 |
| Suppression of the Offences |
157 |
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| VII |
Embracery and Misconduct of Jurors |
161 |
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|
| VIII |
Common Barratry and Frivolous Arrests |
200 |
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|
|
| General Index |
213 |
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