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Maritime Law
The codes
Maritime courts
Growing similarity in rules of law
The Beginnings of English Commercial and Maritime Law
How foreign doctrine was received .
The Medieval Law Merchant in England
Commercial Law
Port," burh," " and market
The boroughs
The fairs
The piepowder courts
Procedure
98
98-99
99-100
100-102
Notaries their small place in English law
114-115
The boroughs and fairs fail to get jurisdiction in the
sixteenth century
116
The common law and the Chancery
116-117
117
117-119
Changed relations of commercial to common law
144-146
Becomes a part of the common law, but a separate part
146
How it was incorporated into the common law
Not completely incorporated in this period
Beginnings of modern branches of commercial law
146-147
147-148
Peculiarities of the English development
Main features of foreign law
Possibility of commercial tribunals in England
But municipal courts were decadent
151
The same causes make commercial and maritime law part of the
151-152
152-153
153
153-154
CHAPTER IV
ENGLISH LAW IN THE SIXTEENTH AND EARLY SEVENTEENTH CENTURIES-
(Continued)
Developments Outside the Sphere of the COMMON LAW-—(Continued)
I. The Law Administered by the Council and the Star Chamber
Their executive and judicial functions
Their effective procedure develops the criminal law.
In this work the Star Chamber is most important
-
The influence of the court on the development of English law
Importance of its work in the law of crime and tort
The influence of the procedure of the Star Chamber
The civil and canon law-their influence on procedure abroad
Contrast between English and continental criminal procedure
English procedure needed strengthening
Some continental ideas borrowed
The development of continental criminal procedure
French development typical
Canonical procedure per inquisitionem
Introduced into the secular courts
Torture
170
170-172
172
173
Influence of common law and Star Chamber procedure on
one another
Restriction of Star Chamber to non-capital cases
Effects of this
Common law procedure made more harsh
This was not unpopular
Refusal of bail
The preliminary examination
PAGE
188-197
188-189
189
189-190
190-191
191-192
Refusal of counsel to prisoners
Could not call witnesses
Conduct of the trial.
Torture danger of its legalization
192
192-193
193-194
194
Disappears with the idea of the extraordinary power of
the crown
Beneficent effects
194-195
The English and continental criminal procedure of the six-
teenth century
195
The English much more fair
195-196
Lesson to be drawn from this history
196
The influence of the substantive law enforced in the Star Chamber
Work of Star Chamber restores the efficiency of the jury
Conspiracy
The two roots of the modern law
Effect of the new ideas of the Star Chamber
Divergent ideas of the common law and the Star Chamber
Libel and slander.
199-201
201
201-203
202
203
The sixteenth to the first half of the seventeenth century
The second half of the seventeenth century
The Chancellors and Officials of the Court
Change in the character of the Chancellors
Wolsey
Relations between law and equity in the fifteenth century
Reasons for the change to lawyer Chancellors
205-207
The Treatises and Tracts
266-274
266-269
The Literature of and the Authorities for the Rules of Equity
The Records
The Orders of the Court
The Doctor and Student
The controversial tracts
Tracts dealing with the Court of Chancery
The Reports
The Subject Matter of the Rules of Equity
The fifteenth and early sixteenth centuries
Cases turning on the defects in the adjective law
Faults in the machinery of the law or its working
The defects of common law procedure
The superiority of the Chancery procedure
The non-existence of adequate common law machinery
Specific relief
Administration of Assets
Failure to apply or abuse of the law
The inadequacy of the law
Fraud, mistake, etc.