What Was It Like to Be a Lawyer in Fourteenth-Century England
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PLEASE NOTE This Is a Draft Paper Only and Should Not Be Cited Without
PLEASE NOTE This is a draft paper only and should not be cited without the author’s express permission THE SHORT-TERM IMPACT OF THE >GLORIOUS REVOLUTION= ON THE ENGLISH JUDICIAL SYSTEM On February 14, 1689, The day after William and Mary were recognized by the Convention Parliament as King and Queen, the first members of their Privy Council were sworn in. And, during the following two to three weeks, all of the various high offices in the government and the royal household were filled. Most of the politically powerful posts went either to tories or to moderates. The tory Earl of Danby was made Lord President of the Council and another tory, the Earl of Nottingham was made Secretary of State for the Southern Department. The office of Lord Privy Seal was given to the Atrimming@ Marquess of Halifax, whom dedicated whigs had still not forgiven for his part in bringing about the disastrous defeat of the exclusion bill in the Lords= house eight years earlier. Charles Talbot, Earl of Shrewsbury, who was named Principal Secretary of State, can really only be described as tilting towards the whigs at this time. But, at the Admiralty and the Treasury, both of which were put into commission, in each case a whig stalwart was named as the first commissioner--Lord Mordaunt and Arthur Herbert respectivelyBand also in each case a number of other leading whigs were named to the commission as well.i Whig lawyers, on the whole, did rather better than their lay fellow-partisans. Devonshire lawyer and Inner Temple Bencher Henry Pollexfen was immediately appointed Attorney- General, and his cousin, Middle Templar George Treby, Solicitor General. -
The Lives of the Chief Justices of England
This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com Cui.U.K. &3o 1 THE LIVES OK THE CHIEF JUSTICES ENGLAND. FROM THE NORMAN CONQUEST TILL THE DEATH OF LORD TENTERDEN. By JOHN LOKD CAMPBELL, LL.D. F.E.S.E.: AUTHOR OF 'THE LIVES OF THE LOKD CHANCELLORS OF ENGLANd.' THIRD EDITION. IN FOUR VOLUMES.— Vol. II. LONDON: JOHN MUEKAY, ALBEMAELE STEEET. 1874. The right of Translation is reserved. Uniform with the present Work. LIVES OF THE LOED CHANCELLOBS, AND Keepers op the Great Skal op England, from the Earliest Times till the Reign of George the Fourth. By John Lord Campbell, LL.D. Fourth Edition. 10 vols. Crown 8vo. 6s. ' each. " A work of sterling merit — one of very great labour, of richly diversified interest, and, we arc satisfied, of lasting value and estimation. We doubt If there be half-a-dozen living men who could produce a Biographical Series on such a scale, at all likely to command so much applause from the candid among the iearned as well as from the curious of the laity." — Quarterly Review. &ONdON: PRINTEd BT WILLIAM CLOWES ANd SONS, STAMFORd STREET ANd CHARING CROSS. CONTENTS OF THE SECOND VOLUME. CHAPTER XI.— continued. LIVES OF THE CHIEF JUSTICES FROM THE DISMISSAL OF SIR EDWARD COKE TILL THE ESTABLISHMENT OF THE COMMONWEALTH. Sir Nicholas Hyde, Page 1. His Reputation as a Lawyer, 1. His Con duct as Chief Justice of the King's Bench, 2. -
Human Rights and the Rule of Law in Renaissance England Sir John Baker
Northwestern Journal of International Human Rights Volume 2 | Issue 1 Article 3 Spring 2004 Human Rights and the Rule of Law in Renaissance England Sir John Baker Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Sir John Baker, Human Rights and the Rule of Law in Renaissance England, 2 Nw. J. Int'l Hum. Rts. 1 (2004). http://scholarlycommons.law.northwestern.edu/njihr/vol2/iss1/3 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2004 by Northwestern University School of Law Volume 2 (Spring 2004) Northwestern Journal of International Human Rights HUMAN RIGHTS AND THE RULE OF LAW IN RENAISSANCE ENGLAND * Sir John Baker ¶ 1 The topic of human rights may seem fa r removed from the territory of the early- modern legal historian. Everyone knows that the United Kingdom did not formally subscribe to human rights until 2001, and the general reaction to the title of this paper has been one of incredulity. Surely there were no human rights in the time of Henry VIII or Bloody Mary? Could anyone in their right mind reconcile the “Henrician despotism” with the rule of law? Your topic, Professor Baker, should not occupy us for many minutes. Well, it depends on whether we regard such concepts as descriptive or normative. It is perfectly possible to find early-modern assertions of many, perhaps most, of the standards or aspirations which have been relabelled in our own time using the terminology of universal human rights. -
188041986.23.Pdf
A LIST of the Principal Officers, Civil and Military, in England, in the Year 1704. Dutchy of Lancatter. Surrey, George Duke of Northumberland. Tho. Jay ffj; Major. On the Northfide 7%-- Tt hltnr.'surahle the Lords, and others^ e/Trent. Chancellor, John Lcvefon Lord Gower. Tower and Hamlets, Montaguc-Venables Richard Mordley, Guidon.- ef Her MayJij S Mo(i Honourable ?nvy William Duke of Deyonfhire. Attorney-General, Sir Edw* Northey Kt. Earl of Abingdon. Royal Regiment ofHorfs, 9 Troops Pusngerefs of Wind for Forefi, Council. Receiver General, John Chetwind Efq; Warwick, G'orge Earl of Northampton, 4® in a Troop. Sarah Dutchedof Marlborough. Auditor of the North, Hen. Aylojfe, Efq; Northwales, Hugh Lord Cholmondley. George Duke of Northumberland* PRince George of Denmark, Ld High War dm */New Eorreft. Auditor of the South, Tho. Gower Efq; North-Riding of York, John Duke of Sir Francis Compton, Lieut. CoS. Admiral of England. Charles Duke of Bolton. CJerk of the Council, Cheek Gcrrard Efq; Buckingham. - George Kirk, Major. Dr.Temifon, Ld Archbifhop o£Canterbury. Ranger e/Hide Park. Lord Conway. Vice-Chan.of Wm.Brennane Efq; Weft Riding of York, Charles Earl of Queen’s Regiment in Holland, 63 Sit Nathan IVrighte, Lord Keeper. Ranger of St. James’s Park. Attor. -Gen of Lane af Nich. Starkey Efq; Burlington. Troops, 36 in each, 390. Dr. Sharp Lord Archbifliop^f ttrf. fohn Lord Grandvill. Deputy, tffic. Mr. John Baker. Henry Lumley, Lieut. General, Coll. Confiables and Governors of Cafiles arA Sidney Lord Godolfhin, Ld High Treaf. v/arden of the Forrefi o/ShetWOod. Attornies, Mr. -
Legal Profession During the Middle Ages: the Emergence of the English Lawyer Prior to 1400 XVIII Anton-Hermann Chroust
Notre Dame Law Review Volume 32 | Issue 2 Article 3 3-1-1957 Legal Profession during the Middle Ages: The Emergence of the English Lawyer Prior to 1400 XVIII Anton-Hermann Chroust Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Anton-Hermann Chroust, Legal Profession during the Middle Ages: The Emergence of the English Lawyer Prior to 1400 XVIII, 32 Notre Dame L. Rev. 268 (1957). Available at: http://scholarship.law.nd.edu/ndlr/vol32/iss2/3 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. THE LEGAL PROFESSION DURING THE MIDDLE AGES: THE EMERGENCE OF THE ENGLISH LAWYER PRIOR TO 1400* XVIII THE APPRENTICES (1) The Royal Rescript of 1292, among other matters, had referred to addiscentes (apprenticii,apprentices). Thus it appears that outside the relatively small circle of practicing pleaders (narratores)or practicing attornati,there existed a number of "apprentices" or "learners of the law." Natu- rally, prior to the year 1270, the English legal profession it- self was still inconspicuous. Hence mere aspirants to this inconspicuous profession were still more inconspicuous, so much so that they had no official status. But by the year 1300 the courts as well as the statutes had taken notice of them. Chief Justice Bereford's remark in 1310 to Westcote, a counsel, implied that the latter's observations had been very instructive for the apprentices: "Really, I am much obliged to you for your challenge, and for the sake of the young men here [in court] .. -
JOHN SINGLETON COPLEY, LORD LYNDHURST* by SIR WILLIAM Holdswortht
JOHN SINGLETON COPLEY, LORD LYNDHURST* By SIR WILLIAM HOLDSWORTHt THE best account of John Singleton Copley, Lord Lyndhurst, is that by J. B. Atlay in his The Victorian Chancellors. Atlay had a genius for biography; and his life of Lyndhurst has done much to extract from Lord Campbell's maliciously inaccurate biography, from Theodore Martin's ex- posure of Campbell's malicious inaccuracies, and from other sources, the true story of his life. That story was long obscured by two facts: first, that Lyndhurst was the leader of the Tory or Conservative party in the House of Lords; secondly, that history has to a large extent been written from the Whig or Liberal standpoint. Bagehot thought that it was neces- sary to explain, what to him, as a convinced Liberal, was something of a problem- how it was that a man with Lyndhurst's great intellectual powers could be a Conservative leader? Indeed, if we look at his career from this party standpoint, it is somewhat mysterious. In his youth lie was said (though he always denied it) to have been a Whig and some- thing more than a Whig; and yet throughout his official life lie was a Tory and Conservative leader. Moreover, though he was a Tory and a Conservatiye, he gave valuable help, during his period of office as Chan- cellor and later, in carrying many measures of law reform. It is only in these later years, when the party politics of the nineteenth century have ceased to influence, consciously or unconsciously, historians' estimates of the men and events of that century, that it is possible to see that this problem, like others, is the product of the fog created by these party politics. -
The Exchequer Twelfth Century
THE EXCHEQUER IN THE TWELFTH CENTURY THE FORD LECTURES DELIVERED IN THE UNIVERSITY OF OXFORD IN MICHAELMAS TERM, 191 1 by REGINALD L. POOLE PREFACE TENyears ago 1 gave a course of lectures on the Dialogus de Scaccario, and the book interested First edition me so much that I determined to remodel my materials so as to form a treatise on the subject. My preparations, however, went on slowly, and it was not until I retired from College work in the summer of 1910 that I had leisure to advance them very much. My election as Ford's Lecturer in English History, in November of that year, gave me the opportunity of planning in a different form the book which I had contemplated. The form was necessarily that of a course of lectures ; but the subject was not the Dialogue but the Exchequer itself. I have printed the lectures sub- stantially as they were delivered in last October and November ; but I have enlarged the introduc- tion to the first lecture into a separate chapter, and I have added a supplementary lecture, which, though prepared, there was not tirne to deliver. Hence the six lectures now appear as eight chapters. The form of a lecture will explain and partly excuse the limitations and defects of the work. In a lecture a certain amount of repetition is 1lnavoidable : it is necessary also to avoid vi PREFACE PREFACE vii obscurity of statement; one must not introduce Nor have I entered upon the wide field occupied by reserves and qualifications overmuch. I have the remembrancers in subsequent times, though no doubt that I have made many rash assertions I have @en reason for believing that their offices and not a few technical mistakes. -
Lives of Eminent Serjeants-At-Law of the English
This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com II I I I .Ml J I I I M I 3 3433 00866722 6 ■. Hv>:N^x LIVES OF EMINENT SERJEANTS-AT-LAW. LIVES OK EMINENT SERJEANTS-AT-LAW OV TUB ENGLISH BAR. BY HUMPHRY WILLIAM WOOLKYCtf, Serjeant-aULaw. IN TWO VOLUMES. „ - . .*. VOL. I. ' ";':: ;D:' ^' / LONDON: Wm. H. ALLEN & CO., 13, WATERLOO PLACE, PALL MALL. 8.W. 18G9. i D0»SEP13/'i Lew1s & Son, Printers, Swan Bu1ldings, Moorgalc Street. TO THE RIGHT HONOURABLE EARL OF DERBY, K.G., HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL. Chancellor of tjjt Unibttsits of ftgftrt, "LIVES OF EMINENT SERJEANTS,? WITH HIS LOHDSHIP S PF.11MISSIOK, ARE RESPECTFULLY DEDICATED. LIST OF THE SERJEANTS CONTAINED IN THESE LIVES. 1. ADAIR. 30. HOSKINS. 2. BARHAM. 31. KELYNG. 3. BARNARDI8TON. 32. LEEDS. 4. BENDLOES. 33. LENS. 5. BOND, NATHANIEL. 34. MAYNARD. 6. BOND, GEORGE. 35. METHOLD. 7. BONYTHON. 36. MORE. 8. CALLICE. 37. ONSLOW. 9. CARTHEW. 38. PELL. 10. CHAUNCEY. 39. PLOWDEN. 11. CHES8HYRE. 40. PRIME. 12. CONYERS, WILLIAM. 41. ROW. 13. CONYERS, TBISTRAM. 42. SALKELD. 14. CREW. 43. SELLON. 15. DARNALL, JOHN, Sek1ob. 44. SHEPHERD. 16. DARNALL, JOHN, JVNIOB. 45. SKINNER. 17. DAVYS. 46. SKIPWITH. 18. DAVY. 47. STRODE, GEORGE 19. FINCH. 48. STRODE, THOMAS 20. FLEETWOOD. 49. THOMPSON. 21. GLANVILK. 50. TOLLER. 22. GLYN. 51. TREMAINE. 23. HABDBES. 52. TRENCHARD. 24. HAWKINS. 53. WHITAKER. 25. HELE. 54. WHITLOCKE. 26. HEYWOOD. 55. -
Lives of Eminent Serjeants-At-Law of the English
This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com THE LAW LIBRARY The James Irvine Foundation HP LIVES or EMINENT SERJEANTS-AT-LAW OF THE ENGLISH BAR. BY HUMPHRY WILLIAM WOOLRYCH, Serjeant-at-Law. IN TWO VOLUMES. VOL. II. LONDON i Wm. H. ALLEN & CO., 13, WATERLOO PLACE, PALL MALL. S.W. 1869. Loudon : — Lewis & Son, Printers, Swan Buildings, Moorgate Street. LIVES OF EMINENT SERJEANTS. THE DARNAL*S. Whether Darnal, Darnel, or Darnell, or even Darnall, according to various readings, these lawyers were of high promise. The elder was spoken of in 1700, amongst other gossip, by Luttrell, as the new Baron of the Exchequer, and actually, though incorrectly, named by him as such.1 A classical pun is extant upon the name. Kett, or Horse Kett, as he was called at Oxford, from the resemblance which his head bore to that animal, was a master of the schools at Oxford, and with him was Mr. Darnell. The following line was immediately applied to these gentlemen : — " Infelix Lolitim, et sterilea dominant ur avense." " Oats and Darnel choke the rising corn." ' Or rather, according to Covington, nascuntur. " Xas- 1 " Diary," vol. iv. pp. 652, 653. Sir Salathiel Lovd, Recorder of London, got the vacant place. ' Dryden's "Pastorals," vol. v. p. 56.— " Virg. Eclog.," v. 87. VOL. H. 1 454 LIVES OF EMINENT SERJEANTS. cuntur," he observes, is found in all the MSS." And he distinguishes the word " dominantur" in the u Georgics," where exactly the same passage appears, by referring the last to " weeds growing amongst the corn," whereas, here the " weeds are growing instead of barley/" 1 So in Job : cockle or darnel instead of barley- 1 " Virg. -
The Court of Exchequer Comes of Age, in Tudor Rule and Revolution 149-158 (Delloyd J
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Richmond University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1982 The ourC t of Exchequer Comes of Age William Hamilton Bryson University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Legal History Commons Recommended Citation W. Hamilton Bryson, The Court of Exchequer Comes of Age, in Tudor Rule and Revolution 149-158 (Delloyd J. Guth & John W. McKenna eds., 1982). This Book Chapter is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Tudor Rule and Revolution Essays for G. R. ELTON from his American friends Edited by DELLOYD J. GUTH and JOHN W. McKENNA 298912 CAMBRIDGE UNIVERSITY PRESS Cambridge London New York New Rochelle Melbourne Sydney The court of Exchequer comes of age W. HAMIL TON BRYSON The Exchequer was well established as a court of law in the thirteenth century. 1 For the next three hundred years, the Exchequer court seems to have carried out its duties without much change in function or status.2 At the beginning of the sixteenth century, the judicial business of the Ex chequer amounted to about 200 cases per year as compared with about 2500 in the court of King's Bench and 10,000 in the Common Pleas.3 However, during the middle period of the reign of Henry VIII, the first signs of growth since the thirteenth century appeared. -
Judges in the Parliament of Upper Canada William Renwick Riddell
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Judges in the Parliament of Upper Canada William Renwick Riddell Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Riddell, William Renwick, "Judges in the Parliament of Upper Canada" (1919). Minnesota Law Review. 2506. https://scholarship.law.umn.edu/mlr/2506 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. JUDGES IN PARLIAMENT JUDGES IN THE PARLIAMENT OF UPPER CANADA. WHEN Pitt in 1791 introduced in the House of Commons the Canada Act or Constitutional Act, which he afterwards declared to be the object of his greatest pride, and under which the di- vision of the old Province of Quebec into two Provinces of Upper and Lower Canada was to be effective, with almost his first word' he declared that the Bill was intended to give Canadians "all the advantages of the British Constitution." Lord Grenville 2 in the House of Lords used much the same language. Burke, Fox, and some others were not convinced that the Act in reality carried out the expressed intention; but there can be no doubt of the general object of the Bill.' The first Lieutenant Governor of Upper Canada (which with Lower Canada was organized under the Constitutional Act in 1792), John Graves Simcoe, in his Address to the Houses of Parliament of Upper Canada at their first meeting, September, 1792, spoke of the Act as establishing the British Constitution and its forms in the Province;4 at the close of the Session his address stated that the Constitution of the Province was "the very image and transcript of Great Britain."5 In analogy to the British form, there were two Houses of Parliament in each Province, the Legislative Council and the Legislative Assembly. -
The Puzzle of Judicial Education: the Case of Chief Justice William De Grey, 75 Brook
Brooklyn Law Review Volume 75 | Issue 1 Article 3 2009 The Puzzle of Judicial Education: The aC se of Chief Justice William de Grey Emily Kadens Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Emily Kadens, The Puzzle of Judicial Education: The Case of Chief Justice William de Grey, 75 Brook. L. Rev. (2009). Available at: https://brooklynworks.brooklaw.edu/blr/vol75/iss1/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. The Puzzle of Judicial Education THE CASE OF CHIEF JUSTICE WILLIAM DE GREY Emily Kadens † Reading judicial memoirs from the last three centuries, one gets the impression that the judge took the oath, stepped onto the bench, and proceeded to fill the judicial role as if born in the robe. Even those who admit to having had a learning curve remain coy about what they did to teach themselves how to be judges.1 When asked directly, however, judges readily admit to the difficulties of learning their jobs.2 As one said, “[B]ecoming a federal judge is like being thrown into the water † Assistant Professor, University of Texas School of Law. J.D. University of Chicago; Ph.D. Princeton. The author thanks the following people for their assistance: Ross Davies, Richard Epstein, William Forbath, Mark Gergen, John Gordan III, Elizabeth Haluska-Rausch, Philip Hamburger, Michael Hoeflich, Guy Holborn and the staff of the Lincoln’s Inn Library, Dennis Hutchinson, Daniel Klerman, Stefanie Lindquist, Michael McNair, the staff of the Norfolk Record Office, James Oldham, the Honorable Lee Rosenthal, Renae Satterley, David Seipp, the Honorable Sam Sparks, Anthony Taussig, Jay Westbrook, and Ernie Young.