English Law and the Renaissance: The Rede Lecture for 1901

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University Press, 1901 - 98 páginas
 

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Página 86 - To BE HELD of us our Heirs and Successors as of our Manor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite or by Knights Service.
Página 70 - To give judgment privately is to put an end to reports; and to put an end to reports, is to put an end to the law of England.
Página 18 - But then, throughout the later middle age English law had been academically taught. No English institutions are more distinctively English than the Inns of Court; of none is the origin more obscure. We are only now coming into possession of the documents whence their history must be gathered, and apparently we shall never know much of their first days*0.
Página 86 - YIELDING AND PAYING yearly to us, our heirs and successors, ' for the same, two elks and two black beavers, whensoever and as often as we, our heirs and successors, shall happen to enter into the said countries, territories and regions hereby granted...
Página 21 - When the middle of the century is past the signs that English law has a new lease of life become many. The medieval books poured from the press, new books were written, the decisions of the courts were more diligently reported, the lawyers were boasting of the independence and extreme antiquity of their system62. We were having a little Renaissance of our own : or a gothic revival if you please.
Página 19 - What is distinctive of medieval England is not parliament, for we may everywhere see assemblies of Estates, nor trial by jury, for this was but slowly suppressed in France. But the Inns of Court and the Year Books that were read therein, we shall hardly find their like elsewhere.
Página 60 - Assizes at Salisbury in Summer 1631, fuit assault per Prisoner la condemne pur Felony ; — que puis son condemnation ject un Brickbat a le dit Justice, que narrowly mist. Et pur ceo immediately fuit Indictment drawn pur Noy envers le Prisoner, et son dexter manus ampute et fixe al Gibbet, sur que luy mesme immediatement hange in presence de Court.
Página 18 - Unchartered, unprivileged, unendowed, without remembered founders, these groups of lawyers formed themselves and in course of time evolved a scheme of legal education : an academic scheme of the medieval sort, oral and disputatious.
Página 31 - WF Smith, Rabelais, vol. i., p. 257, translates the last sentence thus: "With regard to the cultivated literature and knowledge of antiquities and history, they were as much provided with those faculties as is a toad with feathers...
Página 9 - Unquestionably our medieval law was open to humanistic attacks. It was couched partly in bad Latin, partly in worse French. For the business Latin of the Middle Age there is much to be said. It is a pleasant picture, that which we have of Thomas More puzzling the omniscient foreigner by the question 'An averia carucae capta in withernamio sunt irreplegibilia'.18 He asked a practical question in the only Latin in which that question could have been asked without distortion.

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