The History of Conspiracy and Abuse of Legal Procedure The History of Conspiracy and Abuse of Legal Procedure
By Percy Henry Winfield
2001/09 - Beard Books - Law Classic
1587981068 - Paperback - Reprint - 248 pp.

Legal professionals will quickly see analogies in abuses of legal procedure today.

Publisher Comments

Category: Law | Litigation

This title is part of the Legal History list.

Of Interest:

Fundamentals of Procedure in Actions at Law

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

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
VII Embracery and Misconduct of Jurors 161
VIII Common Barratry and Frivolous Arrests 200
General Index 213


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