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Latin Versions of Old English Wills 古英语遗嘱的拉丁版本
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1999-04-01 DOI: 10.1080/01440362008539583
K. Lowe
{"title":"Latin Versions of Old English Wills","authors":"K. Lowe","doi":"10.1080/01440362008539583","DOIUrl":"https://doi.org/10.1080/01440362008539583","url":null,"abstract":"Abstract The basis for the study of testamentary procedure in Anglo-Saxon England is the detailed analysis of the surviving vernacular wills from the pre-Conquest period.1 Many other wills, however, are recorded only as Latin notes in medieval cartularies, although a few exist in fuller versions, sometimes alongside their vernacular counterparts. These texts provide an insight into the methods and priorities of scribes who had to translate and summarise vernacular documents in the early Middle Ages. This article discusses these notes, summaries and translations, and considers their implications for the study of the Anglo-Saxon vernacular wills from which such texts are derived.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"20 1","pages":"1-23"},"PeriodicalIF":0.4,"publicationDate":"1999-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440362008539583","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Oiling the Machinery: The Lord Chancellor's Office and the County Court Bench, 1927–44 上油的机器:大法官办公室和县法院法官席，1927-44
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-12-01 DOI: 10.1080/01440361908539577
P. Polden
{"title":"Oiling the Machinery: The Lord Chancellor's Office and the County Court Bench, 1927–44","authors":"P. Polden","doi":"10.1080/01440361908539577","DOIUrl":"https://doi.org/10.1080/01440361908539577","url":null,"abstract":"Abstract This article makes extensive use of recently opened documents in the PRO to explore the appointment and management of the county court judiciary between the wars, with particular emphasis on the role of the permanent officials in the Lord Chancellor's Office. It concludes that during this period the selection process, having already been largely de-politicised, became bureaucratised, ensuring the officials a dominant role. As a result the county bench became more homogeneous. The officials are also shown to have engaged in more systematic and ambitious attempts to manipulate vacancies so as to fit judges to districts both in terms of aptitude and other attributes.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"22 1","pages":"224-244"},"PeriodicalIF":0.4,"publicationDate":"1998-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539577","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Some Cases from the Defamation Jurisdiction of the Archdeaconry of Richmond 列治文大执事区诽谤罪管辖权之若干案例
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-12-01 DOI: 10.1080/01440361908539579
D. Hewitt
{"title":"Some Cases from the Defamation Jurisdiction of the Archdeaconry of Richmond","authors":"D. Hewitt","doi":"10.1080/01440361908539579","DOIUrl":"https://doi.org/10.1080/01440361908539579","url":null,"abstract":"Abstract Unusually, the archdeaconry of Richmond had two consistory courts, one in Chester and one in Richmond. This may well be the first study to be based upon the Richmond records. The mid-sixteenth century ‘explosion’ in the ecclesiastical defamation workload which other commentators have identified was being felt later, possibly by as much as a century, in Richmond than anywhere else in the country. The Richmond records provide the first firm evidence that the ecclesiastical courts were prepared to countenance defamation actions based upon the wrongful imputation of murder. Allegations of sexual irregularity were by far the most common subject of ecclesiastical defamation actions. Women were most likely to complain about allegations concerning their constancy; men for those touching upon their probity.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"251-269"},"PeriodicalIF":0.4,"publicationDate":"1998-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539579","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Justinian's Institutional Classification and the Class of Quasi-Delict 查士丁尼的制度分类与准违法行为的分类
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-12-01 DOI: 10.1080/01440361908539578
O. Robinson
{"title":"Justinian's Institutional Classification and the Class of Quasi-Delict","authors":"O. Robinson","doi":"10.1080/01440361908539578","DOIUrl":"https://doi.org/10.1080/01440361908539578","url":null,"abstract":"Abstract The annual blister approaches; the time is at hand for the lecture on obligations arising as though from delict. But how to make sense of what we are told in Justinian's Institutes? The first, the most obvious, problem is the classification itself: what holds together the four forms of behaviour described in Institutes 4.5 as arising quasi ex delicto? It is my contention in this paper that we do not need to take this aspect of the problem too seriously, because much of the classification in the Institutes is bogus. For ease of teaching, a symmetrical view of the law was put forward which did not correspond to reality. After having – I hope – proved this point, I shall then look briefly at the quasi-delicts, including the most awkward case, the iudex qui litem suam fecerit.1","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"245-250"},"PeriodicalIF":0.4,"publicationDate":"1998-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539578","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 15
The Rule in Cradock v. Piper (1850): Exception or Principle 克拉科克诉派珀案(1850)的规则:例外还是原则
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-12-01 DOI: 10.1080/01440361908539575
Chantal Stebbings
{"title":"The Rule in Cradock v. Piper (1850): Exception or Principle","authors":"Chantal Stebbings","doi":"10.1080/01440361908539575","DOIUrl":"https://doi.org/10.1080/01440361908539575","url":null,"abstract":"Abstract In Cradock v. Piper (1850) the court allowed a solicitor-trustee to charge for his professional services in relation to certain litigation This was in the absence of a charging clause, and in apparent violation of a strict and general principle of the law of trusts that trustees had to act without remuneration. The rule still exists today, though it is invariably described as anomalous and lacking any rational basis.This paper examines whether the court did indeed establish an exception to the general no-remuneration rule, or whether it applied legal principle correctly The analysis of the court's judgment, of case law, and of contemporary attitudes to professional trustees, shows that the court was correct in refusing to prohibit remuneration where the connection was too tenuous to give rise to a conflict of interest.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"189-202"},"PeriodicalIF":0.4,"publicationDate":"1998-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539575","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
‘But a New Button to an Old Coat’: The Enactment of the Statute of Monopolies, 21 James I cap.3 “旧上衣上的新纽扣”:《垄断法》，21世纪詹姆士一世第3章
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-12-01 DOI: 10.1080/01440361908539576
Chris R. Kyle
{"title":"‘But a New Button to an Old Coat’: The Enactment of the Statute of Monopolies, 21 James I cap.3","authors":"Chris R. Kyle","doi":"10.1080/01440361908539576","DOIUrl":"https://doi.org/10.1080/01440361908539576","url":null,"abstract":"Abstract The Monopolies Act of 1624 is the founding statute of copyright and patent law in the English-speaking Western world. Based upon the famous legal cases of John the Dyer and Darcy v. Allen, as well as the King's Book of Bounty, the Act has been seen as a symbol of the increasing power of a Parliament locked in a constitutional struggle with King James. This article argues that far from being a case of conflict between the monarch and the House of Commons, the Monopolies Act received the imprimatur of both the King and Commons against the wishes of powerful interests in the Lords. It concludes by stating that the significance of 21 James I cap.3 lies not only in its limitation on monopolies but that its enactment illustrates the close co-operation between the King and Commons.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"203-223"},"PeriodicalIF":0.4,"publicationDate":"1998-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539576","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 11
Controlling Commercial Morality in Late Medieval London: The Usury Trails of 1421 中世纪晚期伦敦的商业道德控制:1421年的高利贷之路
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-08-01 DOI: 10.1080/01440361908539570
G. Seabourne
{"title":"Controlling Commercial Morality in Late Medieval London: The Usury Trails of 1421","authors":"G. Seabourne","doi":"10.1080/01440361908539570","DOIUrl":"https://doi.org/10.1080/01440361908539570","url":null,"abstract":"Abstract This article examines evidence from a series of usury trials which took place in London in 1421, in order to draw conclusions both about the specific matters which were being dealt with in those cases, and about the way in which usury was regarded and prosecuted in early fifteenth century England. The article also relates the London cases of 1421 to the other rules about and mechanisms for prosecution of usury in fifteenth century England, most importantly the law and practice of the church. It concludes that church courts dealt with different types of usurious conduct to that shown in the 1421 London cases. The broad conclusion of the article is that the 1421 London cases show that the law against usury was by no means a dead letter outside the jurisdiction of the church in late medieval England: in London at least, it was part of a burgeoning and increasingly sophisticated commercial jurisdiction.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"116-142"},"PeriodicalIF":0.4,"publicationDate":"1998-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539570","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59102990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 10
An Uncompleted Work by Henry Swinburne on Matrimony 亨利·斯威本关于婚姻的未完成作品
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-08-01 DOI: 10.1080/01440361908539572
S. Doyle
{"title":"An Uncompleted Work by Henry Swinburne on Matrimony","authors":"S. Doyle","doi":"10.1080/01440361908539572","DOIUrl":"https://doi.org/10.1080/01440361908539572","url":null,"abstract":"Abstract Durham University Library MS Middleton and Spearman 4 is identified as the original draft of A Treatise of Spousals, by Henry Swinburne, 1551?—1624. The manuscript also contains the two opening chapters of an uncompleted work by him on Matrimony, substantial extracts of which are quoted. The sources used by Swinburne are considered, and it is suggested that he is likely to have owned a sizeable personal library.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"162-172"},"PeriodicalIF":0.4,"publicationDate":"1998-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539572","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 14
An Early Tudor Debate on the Relation between Law and Equity 都铎王朝早期法律与衡平法之争
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-08-01 DOI: 10.1080/01440361908539571
Georg Behrens
{"title":"An Early Tudor Debate on the Relation between Law and Equity","authors":"Georg Behrens","doi":"10.1080/01440361908539571","DOIUrl":"https://doi.org/10.1080/01440361908539571","url":null,"abstract":"Abstract This paper sets out the debate about Chancery between Christopher St German and an anonymous ‘Serjeant at the Laws of England’, focusing on the jurisprudential problem most fundamental to the debate: whether conscience and equity can ‘follow’ the law while at the same time ‘mitigating its rigour’. It also describes the theory of law, equity and conscience which St German develops in the effort to resolve this problem, noting that he intended this theory also to serve as an apology for the institutional separation of law from equity. Finally, it shows that the theory is ineffective in its role as an apology. Although the separate jurisdiction of Chancery was able to weather the jurisprudential challenges of the 1520s and 1530s, it did so less in virtue of the explicit doctrinal justification it received from the pens of theorists like St German, than in virtue of pragmatic considerations recognised both by the Chancellors and by the litigants who sought their help.","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"143-161"},"PeriodicalIF":0.4,"publicationDate":"1998-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539571","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59103000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 14
Long Leases and the Feudal Revenue in the Court of Wards, 1540–1645 沃德法院的长期租约和封建收入(1540-1645)
IF 0.4 3区 历史学
Journal of Legal History Pub Date : 1998-04-01 DOI: 10.1080/01440361908539563
N. G. Jones
{"title":"Long Leases and the Feudal Revenue in the Court of Wards, 1540–1645","authors":"N. G. Jones","doi":"10.1080/01440361908539563","DOIUrl":"https://doi.org/10.1080/01440361908539563","url":null,"abstract":"","PeriodicalId":43796,"journal":{"name":"Journal of Legal History","volume":"19 1","pages":"1-22"},"PeriodicalIF":0.4,"publicationDate":"1998-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/01440361908539563","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59102916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
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