An Investigation of the Legality of the Writ of Diem Clausit Extremum  

作　　者：Zhang Naihe 张乃和(Tianjin Normal University,Tianjin,P.R.China)

机构地区：[1]Tianjin Normal University,Tianjin,P.R.China

出　　处：《World History Studies》2022年第2期78-86,共9页世界史研究（英文版）

基　　金：an intermediate result of the Major Program of the National Social Science Fund of China"Studies on the Bibliography of British Economic and Social History"(Certificate No.17ZDA225).

摘　　要：It has been argued that the legality of the writ of diem clausit extremum can be attributed to Magna Carta.In fact,the legal relationship between the writ and Magna Carta is still problematic in the English official documents.Few scholars,domestically and internationally,focus on the topic which has constitutional significance in English legal history.My research on the topic is divided into four parts.In the first part,I will introduce and review the research background of the topic.It indicates that almost nobody recently shows any interest in the special topic except for Margaret McGlynn,who touched upon the topic in her book on royal prerogatives.In the second part,I would like to locate the topic in the English official documents and to search out the uncertain and discrepant parts that need resolving.In the third part,I will try to define and classify the writ of diem clausit extremum,and individually to trace back to its different legal foundations and legality.Finally,a brief conclusion will be given.It is concluded that the writ of diem clausit extremum is one of the royal prerogative writs,and has two different types,i.e.the Chancery writ and the Exchequer writ.The Chancery writ is not closely related with Magna Carta,while the Exchequer writ is undoubtedly founded on Magna Carta.Actually these different legality of the writ of diem clausit extremum can be attributed to the changing relationship between the common law and the statute law.

关 键 词：LEGALITY the Writ of Diem Clausit Extremum Original and Judicial Writs Magna Carta 

分 类 号：K561[历史地理—历史学]