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 22 - 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 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 5 - Perhaps so. At all events for a while we will speak of more resonant exploits. We could hardly (so I learn at second-hand) fix a better date than that of Rede's death for the second new birth of Roman law. More's friend Erasmus had turned his back on England and was by this time in correspondence with two accomplished jurists, the Italian Andrea Alciato and the German Ulrich Zasi.
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...
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 68 - 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 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.
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...

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