The Royal Prerogative and the Learning of the Inns of CourtCambridge University Press, 2003 M09 4 Between the mid-fifteenth and mid-sixteenth century Prerogativa Regis, a central text of fiscal feudalism, was introduced into the curriculum of the Inns of Court, developed, and then abandoned. This book argues that while lawyers often turned their attention to the text when political and financial issues brought it to the fore, they sought to maintain an intellectual consistency and coherence in the law. Discussions of both substance and procedure demonstrate how readers reflected the concerns of their time in the topics they chose to consider and how they drew on the learning of both their predecessors and their peers at the Inns. The first study based primarily on readings, this book threw light on legal education, early Tudor financial and administrative procedure, and the relationship between the ways that law was made, taught and used. |
Contenido
The early readings | 27 |
Expansion and debate | 73 |
Frowyk and Constable on primer seisin | 112 |
Spelman Yorke and the campaign against uses | 160 |
The Edwardian readers and beyond | 205 |
Conclusion | 246 |
Notes on the appendixes | 260 |
John Spelmans reading | 295 |
Bibliography | 307 |
Index | 332 |
Otras ediciones - Ver todas
The Royal Prerogative and the Learning of the Inns of Court Margaret McGlynn Vista previa limitada - 2004 |
The Royal Prerogative and the Learning of the Inns of Court Margaret McGlynn Vista previa limitada - 2003 |
The Royal Prerogative and the Learning of the Inns of Court Margaret McGlynn Sin vista previa disponible - 2010 |
Términos y frases comunes
alienation argument attainder body Cambridge University Press Caryll's Reports chancery common law Constable's daughter descend discussion earlier readers England escheat fee simple fee tail feoffee feoffment feudal fifteenth century Frowyk full age Gray's Inn heir under age held in chief held in socage held land Henry VII History holds Ibid Inns of Court inquisition inquisition found issue J. H. Baker king in chief king's hands king's rights king's tenant knight service land held lawyers lease London lord lordship manor Medieval mesnalty monstrans de droit nobility ouster le main parliament petition political Prerogativa Regis prerogative primer seisin re-seize Realm reason reign remainderman right to primer right to wardship royal scire facias Selden Society Selden Society vol serjeants Spelman Spelman's Reports Stat statute statute of Marlborough Staunford sued livery tenant died seised tenant for term tenant held tenant-in-chief tenure traverse VIII ward wardship writ
Pasajes populares
Página 35 - But if a man" give [by deed] lands or tenements to another, to have and to hold to him and to his heirs male, or to his heirs female, he to whom such a gift is made hath a fee simple, because it is not limited by the gift of what body the issue male or female shall be, and so it cannot in any wise be taken by the equity of the said statute [of Westm.
Página 286 - ... son was born." It is not specified there that the rents had been actually received, but the judgment denies the right of the posthumous heir to an account or to any other remedy. Then, in Goodtitle v. Newman [3 Wils.
Página 166 - this tyme commission was geuen throughout the realme, for general musters to be had, to knowe what power might be made within thesame, & also men sworne of what substaunce and landes thei wer of.
Página 15 - Inns of Court: Lincoln's Inn, Gray's Inn, and the Middle and Inner Temple. The origins of these institutions are obscure.
Página 62 - Henry VII was not content merely to increase the extent of the crown estates; he sought to make their revenues as productive as possible. In February of 1486, Sir Reginald Bray, Chancellor of the Duchy of Lancaster was ordered to carry out a "reformation" of officials in charge of the royal lands as far as was thought necessary "for our most profit and avail,"10 and in the following year an act of Parliament not only annulled all grants of office of receiver, auditor, customer, collector of customs...
Página 11 - Finally, the roll stated howe that the Courte of Parliament is of suche auctorite, and the people of this Lande of suche nature and disposicion, as experience teacheth that manifestacion and declaration of any trueth or right, made by the Thre Estates of this Reame assembled in Parliament, and by auctorite of the same, maketh, before all other thyngs, moost feith and certaynte, and, quietyng mens myndes, remoeveth the occasion of all doubts and seditious language.
Página 154 - ... sequela and grants them all their goods and lands. (20 August 1550, CPR Edward VI (1549-51), p. 316) 23. Select documents on wardship and marriage from various sources (i) Appointment during pleasure of the king's servant John Husee, knight for the body, as chief immediate officer for over seeing, managing and selling the wardships of all lands which may be in the king's hands.
Página 65 - ... vied with each other in extorting money. Whomsoever, whether a nobleman or a man of the people, the informers charged with the flimsiest or vaguest false accusations, Empson and Dudley condemned and deprived of their property. Every day even laws which had been anciently revoked and invalidated they called into use again, brought into the light of day and at their discretion whom they would they judged to have offended against these old laws. And they proceeded against not the poor but the wealthy,...
Página 11 - ... laws and customs, whereby the truth and right in this behalf, of likelihood may be hid and not clearly known to all the people, and thereupon put in doubt and question. And over this, how that the court of Parliament is of such authority and the people of this land of such...