English Law and the Renaissance: The Rede Lecture for 1901

University Press, 1901 - 98 páginas

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Página 94 - 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 68 - Reports," folio edition, P. 188, b. " Richardson, Ch. Just, de C. Bane, al Assises at Salisbury, in summer 1631, fuit assault per prisoner la condemne pur felony; que puis son condemnation, ject un brickbat a le dit Justice...
Página 26 - 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...
Página 29 - That wonderful Edward Coke was loose. The medieval tradition was more than safe in his hands. You may think it pleasant to turn from this masterful, masterless man to his great rival. It is not very safe to say what Thomas More did not know, less safe to say what was unknown to Francis Bacon...
Página 23 - In short, I am persuaded that in the middle years of the sixteenth century and of the Tudor age the life of our ancient law was by no means lusty. And now we may ask what opposing force, what conservative principle was there in England ? National character, the genius of a people, is a wonder-working spirit which stands at the beck and call of every historian. But before we invoke it on the present occasion we might prudently ask our books whether in the sixteenth century the bulk of our German cousins...
Página 24 - ... law schools may be important. A history of civilization would be miserably imperfect if it took no account of the first new birth of Roman law in the Bologna of Irnerius. Indeed there are who think that no later movement, — not the Renaissance, not the Reformation — draws a stronger line across the annals of mankind than that which is drawn about the year 1 100 when a human science won a place beside theology.
Página 27 - 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 78 - 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 95 - Now it is this code, and not the Common Law of England which the newest American States are taking for the substratum of their laws.. ..The Roman law is, therefore, fast becoming the lingua franca of universal jurisprudence.

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