English Law and the Renaissance: With Some Notes

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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 94 - 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 68 - 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 95 - College by the war, where he was a student in 1 779, "and, finding Blackstone's Commentaries, I read the four volumes. ..The work inspired me at the age of fifteen with awe, and I fondly determined to be a lawyer.". .."There is abundant evidence," if we may rely upon the authority of Dr Hammond, whose language I quote, "of the immediate absorption of nearly twenty-five hundred copies of the Commentaries in the thirteen colonies before the
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 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 days60.
Página 29 - 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 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 23 - 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 inherited an innate bias towards what they would have called a Welsh jurisprudence. There seems to be plentiful evidence that the learned doctores...
Página 26 - 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.

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