By Christopher W. Brooks
ISBN-10: 0521323916
ISBN-13: 9780521323918
Legislations, like faith, supplied one of many relevant discourses by which early-modern English humans conceptualised the realm within which they lived. Transcending conventional barriers among social, felony and political background, this cutting edge and authoritative research examines the improvement of felony suggestion and perform from the later center a long time via to the outbreak of the English civil conflict, and explores the ways that legislations mediated and constituted social and monetary relationships in the family, the neighborhood, and the nation in any respect degrees. via arguing that English universal legislations was once basically the production of the broader neighborhood, it demanding situations many present assumptions and opens new views approximately how early-modern society can be understood. Its magisterial scope and lucid exposition will make it crucial analyzing for these drawn to topics starting from excessive politics and constitutional conception to the historical past of the kinfolk, in addition to the background of legislations.
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Graham, ‘“Our tong maternall marvellously amendyed and augmented”: the first Englishing and printing of the medieval statutes at large, 1530–33’, UCLA Law Review, 13 (1965), 58–98; Richard Ross, ‘The commoning of common law: debates over printing English law 1520–1640’, University of Pennsylvania Law Review, 146 (1998), 323–462. ODNB. 38 ODNB. 39 Baker, Serjeants, p. 280. 40 While it is unclear whether this practice continued into the fifteenth and sixteenth centuries, the meetings of most kinds of local courts were regularly accompanied by lengthy speeches known as charges, which gave the presiding officer an opportunity to say something about both the law in general and those aspects of it that were relevant to the particular occasion.
87–92. 43 See below, pp. 59–60. 44 It is arguable that by the seventeenth century public speeches of this kind were the most common, and perhaps the most important, medium for the expression of general political discourse, as opposed to the more systematic and rarefied ideas that contemporaries may or may not have encountered in learned treatises. By comparison, such materials are much rarer for the fifteenth century, but Sir John Fortescue’s De laudibus legum Angliae, which was first composed in Latin in the early 1470s, is one of the most important examples in English history of a work written by a lawyer for a non-professional audience.
For Littleton and the land law, see below pp. 325–9. Baker, The Legal Profession and the Common Law, ch. 23. Coke on Littleton, i i , Epilogus. 20 Courts, lawyers and legal thought under the early Tudors Henry VIII, it was a professional commonplace that despite its name, Magna Carta was a statute (‘positive law’). Rather than making a claim that they confirmed an ancient and unchanging tradition, the most typical pedagogic move in discussing Magna Carta and the other statuta antiqua of the Middle Ages in lectures was to explain how they were intended to remedy defects within the common law before their passage.