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The English common lawyers wielded their greatest influence in the late fifteenth and early sixteenth centuries, with names like Fortescue, Littleton and More. In these years they were more than the only organized lay profession: in the infancy of statute, they, more than anyone, shaped and changed the law; they were the managerial elite of the country; they were the single most dynamic group in society. This book is a study of their formative impact on the whole of English life. Part I examines the legal profession, its position, recruitment, training and career structure, taking as an example the career of Thomas Kebell, a serjeant at-law from Leicestershire, for whom documentation is unusually complete. Part II analyses legal practice: how the lawyer acquired and kept clients, his relationship with them, the pattern of employment, the nature of practice as revealed in the year books, and the attitudes and approaches of the lawyer to the law. The third part considers the impact of the lawyers on substantive law and legal organization.
This is the second of two volumes of papers selected from those given at the 12th International Conference on English Historical Linguistics. The first is New Perspectives on English Historical Linguistics (1): Syntax and Morphology. Together the volumes provide an overview of many of the issues that are currently engaging practitioners in the field. In this volume, the primary concern is with the historical study of the English lexicon and its sound and writing systems. Using research tools such as machine-readable text and lexical corpora, and intellectual tools such as corpus and cognitive linguistics, many of the papers move from a close study of a set of data to conclusions of theoretical significance, often concerning questions of classification and organisation. More broadly, whether concerned with lexicology or transmission, the papers have a social orientation, since neither lexicology nor phonology can be seen as divorced from its social setting.
This is the second of two volumes of papers selected from those given at the 12th International Conference on English Historical Linguistics. The first is "New Perspectives on English Historical Linguistics (1): Syntax and Morphology." Together the volumes provide an overview of many of the issues that are currently engaging practitioners in the field. In this volume, the primary concern is with the historical study of the English lexicon and its sound and writing systems. Using research tools such as machine-readable text and lexical corpora, and intellectual tools such as corpus and cognitive linguistics, many of the papers move from a close study of a set of data to conclusions of theoretical significance, often concerning questions of classification and organisation. More broadly, whether concerned with lexicology or transmission, the papers have a social orientation, since neither lexicology nor phonology can be seen as divorced from its social setting.
Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
How much does the Thomas Cromwell of popular novels and television series resemble the real Cromwell? This meticulous study of Cromwell’s early political career expands and revises what has been understood concerning the life and talents of Henry VIII’s chief minister. Michael Everett provides a new and enlightening account of Cromwell’s rise to power, his influence on the king, his role in the Reformation, and his impact on the future of the nation. Controversially, Everett depicts Cromwell not as the fervent evangelical, Machiavellian politician, or the revolutionary administrator that earlier historians have perceived. Instead he reveals Cromwell as a highly capable and efficient servant of the Crown, rising to power not by masterminding Henry VIII’s split with Rome but rather by dint of exceptional skills as an administrator.
How did we make reliable predictions before Pascal and Fermat's discovery of the mathematics of probability in 1654? What methods in law, science, commerce, philosophy, and logic helped us to get at the truth in cases where certainty was not attainable? In The Science of Conjecture, James Franklin examines how judges, witch inquisitors, and juries evaluated evidence; how scientists weighed reasons for and against scientific theories; and how merchants counted shipwrecks to determine insurance rates. The Science of Conjecture provides a history of rational methods of dealing with uncertainty and explores the coming to consciousness of the human understanding of risk.
This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.
For a ruler in Henry's vulnerable position, parliament helped to restore royal authority by securing the good governance that legitimated his regime. For his subjects, parliament served as a medium through which to communicate with the government & to shape, & on occasion criticize, its policies.
A Festschrift in honour of Professor Sir John Baker, presented by leading scholars on the sources of English legal history.