William J. Cuddihy
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195367195
- eISBN:
- 9780199867448
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195367195.003.0005
- Subject:
- Law, Legal History
This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to ...
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This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to identifying the kinds of searches and seizures that were illegitimate. Although English thinkers continued to differ on many aspects of search and seizure, Sir Edward Coke placed the general warrant at the center of the emerging debate on what is now called “unreasonable searches and seizures”. By 1700, many Englishmen assumed not only that some kinds of search and seizure were unreasonable but that general warrants were the foremost kinds that were so.Less
This chapter discusses the development of the English concept of search and seizure from 1642 to 1700. During this period, the English moved beyond the concept of illegitimate search and seizure to identifying the kinds of searches and seizures that were illegitimate. Although English thinkers continued to differ on many aspects of search and seizure, Sir Edward Coke placed the general warrant at the center of the emerging debate on what is now called “unreasonable searches and seizures”. By 1700, many Englishmen assumed not only that some kinds of search and seizure were unreasonable but that general warrants were the foremost kinds that were so.
William J. Cuddihy
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195367195
- eISBN:
- 9780199867448
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195367195.003.0006
- Subject:
- Law, Legal History
This chapter focuses on the English roots of the general warrant clause of the Fourth Amendment. Between 1642 and 1700, the general warrant lost its legitimacy in the writings of England's opinion ...
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This chapter focuses on the English roots of the general warrant clause of the Fourth Amendment. Between 1642 and 1700, the general warrant lost its legitimacy in the writings of England's opinion makers but retained its legality in the statutes and policies of lawmakers even though the makers of law and opinion were often the same. Yet this paradox should not obscure a massive negative shift in public attitudes towards general warrants as the salient event respecting search and seizure in the England of this period. This shift contributed a major pillar to the Fourth Amendment's specific warrant clause.Less
This chapter focuses on the English roots of the general warrant clause of the Fourth Amendment. Between 1642 and 1700, the general warrant lost its legitimacy in the writings of England's opinion makers but retained its legality in the statutes and policies of lawmakers even though the makers of law and opinion were often the same. Yet this paradox should not obscure a massive negative shift in public attitudes towards general warrants as the salient event respecting search and seizure in the England of this period. This shift contributed a major pillar to the Fourth Amendment's specific warrant clause.
Thomas Garden Barnes
Allen D. Boyer (ed.)
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804757140
- eISBN:
- 9780804779593
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804757140.001.0001
- Subject:
- Law, Legal History
This book discusses the contributions of great common-law jurists and singular documents—namely the Magna Carta and the Laws and Liberties of Massachusetts—that have shaped common law, from its ...
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This book discusses the contributions of great common-law jurists and singular documents—namely the Magna Carta and the Laws and Liberties of Massachusetts—that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale. Across the essays, the jurists' personalities are given voice, the context of time and events made clear, and the continuing impact of the texts emphasized. Taken as a whole, the book offers a simple reverence for the achievements of these men and law books, and a deep respect for the role historical events have played in the development of the common law.Less
This book discusses the contributions of great common-law jurists and singular documents—namely the Magna Carta and the Laws and Liberties of Massachusetts—that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale. Across the essays, the jurists' personalities are given voice, the context of time and events made clear, and the continuing impact of the texts emphasized. Taken as a whole, the book offers a simple reverence for the achievements of these men and law books, and a deep respect for the role historical events have played in the development of the common law.
James Doelman
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780719096440
- eISBN:
- 9781526115218
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719096440.003.0010
- Subject:
- Literature, Criticism/Theory
Chapter 10, on political epigrams, examines the dynamics of political satire in manuscript poetry and the limits of political comment in printed epigrams books, with a special focus on Thomas ...
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Chapter 10, on political epigrams, examines the dynamics of political satire in manuscript poetry and the limits of political comment in printed epigrams books, with a special focus on Thomas Bastard’s Chrestoleros. Certain moments of intense political controversy often provoked numerous topical epigrams and individual prominent political figures were often the subject of libellous attack in the genre. The chapter offers an extended of case study of epigrams on the life and career of the prominent legal and political figure Sir Edward Coke. Many of these were savagely partisan, but the final part of the chapter turns to epigrams by Robert Ayton, Richard Corbett and George Herbert that were nuanced and stoic in their political explorations.Less
Chapter 10, on political epigrams, examines the dynamics of political satire in manuscript poetry and the limits of political comment in printed epigrams books, with a special focus on Thomas Bastard’s Chrestoleros. Certain moments of intense political controversy often provoked numerous topical epigrams and individual prominent political figures were often the subject of libellous attack in the genre. The chapter offers an extended of case study of epigrams on the life and career of the prominent legal and political figure Sir Edward Coke. Many of these were savagely partisan, but the final part of the chapter turns to epigrams by Robert Ayton, Richard Corbett and George Herbert that were nuanced and stoic in their political explorations.
JOSHUA GETZLER
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207602
- eISBN:
- 9780191715327
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207602.003.0005
- Subject:
- Law, Environmental and Energy Law
In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but ...
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In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but Coke’s main concern is with tenures and estates: with title to land, not use of land. By contrast, Sir Matthew Hale (1609-76) and Sir William Blackstone (1723-80) provided detailed and systematic treatments of the rights of enjoyment incidental to land ownership. A justifiable claim can be made that these writers, Blackstone in particular, laid the foundations for the 19th-century law of land and water use. Here Blackstone, like Coke, was cited by the judges in leading cases as a direct authority in the search for right answers. This chapter reconstructs these modern institutionalists’ schemes of property and water law, which in turn reveals much of their legal technique and ideology.Less
In the early 17th century, Sir Edward Coke (1552-1634) in his Institutes and Reports gives some treatment of incorporeal rights and prescriptions, especially in relation to commons and fisheries; but Coke’s main concern is with tenures and estates: with title to land, not use of land. By contrast, Sir Matthew Hale (1609-76) and Sir William Blackstone (1723-80) provided detailed and systematic treatments of the rights of enjoyment incidental to land ownership. A justifiable claim can be made that these writers, Blackstone in particular, laid the foundations for the 19th-century law of land and water use. Here Blackstone, like Coke, was cited by the judges in leading cases as a direct authority in the search for right answers. This chapter reconstructs these modern institutionalists’ schemes of property and water law, which in turn reveals much of their legal technique and ideology.
R. Malcolm Smuts
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780719086069
- eISBN:
- 9781781707883
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719086069.003.0014
- Subject:
- History, European Early Modern History
This chapter examines three tracts written a few years before and after James I’s accession to the throne of England by the civil lawyer and historian, Sir John Hayward: The First Part Life and ...
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This chapter examines three tracts written a few years before and after James I’s accession to the throne of England by the civil lawyer and historian, Sir John Hayward: The First Part Life and Raigne of King Henry the IIII (1598); a reply to Robert Persons entitled An answer to the first part of a certaine conference, concerning succession (1603) and A Treatise of Union (1606). These differ in their manner of presentation for reasons almost certainly related to Hayward’s perception of the interests of the patrons whose favour he wished to attract, Robert Devereux Earl of Essex and the new King. But it is argued that they reflect similar concerns with the construction and maintenance of a cohesive royal state over a linguistically diverse realm comprising not only English but Welsh, Irish and eventually Scottish subjects. Hayward sees royal authority as an indispensable unifying bond that holds in check personal ambitions and ethnic hatreds that would otherwise dissolve the state, and he is consistently interested in both ideas and political processes that tend either to weaken or reinforce this cohesive force.Less
This chapter examines three tracts written a few years before and after James I’s accession to the throne of England by the civil lawyer and historian, Sir John Hayward: The First Part Life and Raigne of King Henry the IIII (1598); a reply to Robert Persons entitled An answer to the first part of a certaine conference, concerning succession (1603) and A Treatise of Union (1606). These differ in their manner of presentation for reasons almost certainly related to Hayward’s perception of the interests of the patrons whose favour he wished to attract, Robert Devereux Earl of Essex and the new King. But it is argued that they reflect similar concerns with the construction and maintenance of a cohesive royal state over a linguistically diverse realm comprising not only English but Welsh, Irish and eventually Scottish subjects. Hayward sees royal authority as an indispensable unifying bond that holds in check personal ambitions and ethnic hatreds that would otherwise dissolve the state, and he is consistently interested in both ideas and political processes that tend either to weaken or reinforce this cohesive force.
Hannah Weiss Muller
- Published in print:
- 2017
- Published Online:
- July 2017
- ISBN:
- 9780190465810
- eISBN:
- 9780190465841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190465810.003.0002
- Subject:
- History, British and Irish Modern History
Chapter 1 explores the myriad legal understandings of subject status that coexisted in the seventeenth and eighteenth centuries. It revisits the landmark case of Calvin v. Smith, among others, in ...
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Chapter 1 explores the myriad legal understandings of subject status that coexisted in the seventeenth and eighteenth centuries. It revisits the landmark case of Calvin v. Smith, among others, in order to examine notions of allegiance, obedience, and protection that cast a long shadow over subsequent interpretations of subject status. Many of the questions left unanswered by this case, particularly those relating to the specific nature of allegiance and protection, led to further definitions and legal quandaries. The numerous treaties, opinions, and correspondence in which subjecthood was also discussed illuminate the importance of local factors and agents in shaping the multivalent legal ideas available to contemporaries.Less
Chapter 1 explores the myriad legal understandings of subject status that coexisted in the seventeenth and eighteenth centuries. It revisits the landmark case of Calvin v. Smith, among others, in order to examine notions of allegiance, obedience, and protection that cast a long shadow over subsequent interpretations of subject status. Many of the questions left unanswered by this case, particularly those relating to the specific nature of allegiance and protection, led to further definitions and legal quandaries. The numerous treaties, opinions, and correspondence in which subjecthood was also discussed illuminate the importance of local factors and agents in shaping the multivalent legal ideas available to contemporaries.
ELIZABETH COOKE
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198262220
- eISBN:
- 9780191714412
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262220.003.0002
- Subject:
- Law, Law of Obligations
Sir Edward Coke, writing in 1628, mentioned three kinds of estoppels: by matter of record, by matter in writing, and by matter in pais (estoppel that arises in the country and need not involve ...
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Sir Edward Coke, writing in 1628, mentioned three kinds of estoppels: by matter of record, by matter in writing, and by matter in pais (estoppel that arises in the country and need not involve writing). What Coke calls ‘estoppel by matter of record’ is often now called estoppel per rem judicatam, which can be roughly translated as ‘estoppel because the court has already decided’. It is the rule that when a question has once been litigated, the parties cannot bring it back to court for another try. The other two categories listed by Coke also remain vital parts of the law; they are the basis of what are called the ‘formal estoppels’. They are triggered by the actions or statements of the estopped person, but they sit a little uneasily beside the vast body of law which grew out of them and which behaves in a rather different way.Less
Sir Edward Coke, writing in 1628, mentioned three kinds of estoppels: by matter of record, by matter in writing, and by matter in pais (estoppel that arises in the country and need not involve writing). What Coke calls ‘estoppel by matter of record’ is often now called estoppel per rem judicatam, which can be roughly translated as ‘estoppel because the court has already decided’. It is the rule that when a question has once been litigated, the parties cannot bring it back to court for another try. The other two categories listed by Coke also remain vital parts of the law; they are the basis of what are called the ‘formal estoppels’. They are triggered by the actions or statements of the estopped person, but they sit a little uneasily beside the vast body of law which grew out of them and which behaves in a rather different way.
Amanda L. Tyler
- Published in print:
- 2017
- Published Online:
- November 2017
- ISBN:
- 9780199856664
- eISBN:
- 9780199366668
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199856664.003.0002
- Subject:
- Law, Public International Law, Constitutional and Administrative Law
This chapter explores the origins and importance of the English Habeas Corpus Act of 1679. In the century leading up to the Act, royal command commonly sufficed as cause for detention or, at the ...
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This chapter explores the origins and importance of the English Habeas Corpus Act of 1679. In the century leading up to the Act, royal command commonly sufficed as cause for detention or, at the least, precluded judicial inquiry into detention. But the privilege associated with the Act limited dramatically the causes for which the executive could legally detain persons who could claim the protection of domestic law. Specifically, the Act required that one be charged criminally and proceeded against in due course, even in times of war, and it rejected outright the proposition that the royal command, standing alone, would suffice as lawful cause to detain. Accordingly, the Act was part of the ongoing struggle between Parliament and the Crown that dominated the better part of the seventeenth and eighteenth centuries. This chapter chronicles the decades in which the seeds of the association of habeas corpus with individual liberty were sown.Less
This chapter explores the origins and importance of the English Habeas Corpus Act of 1679. In the century leading up to the Act, royal command commonly sufficed as cause for detention or, at the least, precluded judicial inquiry into detention. But the privilege associated with the Act limited dramatically the causes for which the executive could legally detain persons who could claim the protection of domestic law. Specifically, the Act required that one be charged criminally and proceeded against in due course, even in times of war, and it rejected outright the proposition that the royal command, standing alone, would suffice as lawful cause to detain. Accordingly, the Act was part of the ongoing struggle between Parliament and the Crown that dominated the better part of the seventeenth and eighteenth centuries. This chapter chronicles the decades in which the seeds of the association of habeas corpus with individual liberty were sown.
Henry S. Turner
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780226363356
- eISBN:
- 9780226363493
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226363493.003.0001
- Subject:
- Literature, 16th-century and Renaissance Literature
This chapter serves as an introduction to the book’s arguments about corporations, reading More’s Utopia alongside Calvin’s Case and the case of Sutton’s Hospital to argue for the importance of the ...
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This chapter serves as an introduction to the book’s arguments about corporations, reading More’s Utopia alongside Calvin’s Case and the case of Sutton’s Hospital to argue for the importance of the idea of fiction to political philosophy and the idea of a constitution. The chapter also surveys medieval and early modern definitions of corporations, describes the major arguments of pluralist political theory that guide the book, and formulates five major ontologies for corporations that were typical of the early modern period: mystical, mimetic, representational, material, and compositional. It concludes by offering a definition of the corporation that situates it among and across the domains of law, philosophy, and literature.Less
This chapter serves as an introduction to the book’s arguments about corporations, reading More’s Utopia alongside Calvin’s Case and the case of Sutton’s Hospital to argue for the importance of the idea of fiction to political philosophy and the idea of a constitution. The chapter also surveys medieval and early modern definitions of corporations, describes the major arguments of pluralist political theory that guide the book, and formulates five major ontologies for corporations that were typical of the early modern period: mystical, mimetic, representational, material, and compositional. It concludes by offering a definition of the corporation that situates it among and across the domains of law, philosophy, and literature.
Todd Butler
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780198844068
- eISBN:
- 9780191879715
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198844068.001.0001
- Subject:
- Literature, 17th-century and Restoration Literature
Drawing upon myriad literary and political texts, this book charts how some of the Stuart period’s major challenges to governance—the equivocation of recusant Catholics, the parsing of one’s civil ...
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Drawing upon myriad literary and political texts, this book charts how some of the Stuart period’s major challenges to governance—the equivocation of recusant Catholics, the parsing of one’s civil and religious obligations, the composition and distribution of subversive texts, and the increasing assertiveness of Parliament—evoked much greater disputes about the mental processes by which monarchs and subjects imagined, understood, and effected political action. Rather than emphasizing particular forms of political thought such as republicanism or absolutism, the book investigates the more foundational question of political intellection, or the ways in which early modern individuals thought through the often uncertain political and religious environment they occupied, and how attention to such thinking in oneself or others could itself constitute a political position. Focusing on this immanence of cognitive processes in the literature of the Stuart era, the book examines how writers such as Francis Bacon, John Donne, John Milton, and other less familiar figures of the seventeenth century evidence a shared concern with the interrelationship between mental and political behavior. These analyses are combined with close readings of religious and political affairs that return our attention to how early Stuart writers understood the relationship between mental states and the forms of political engagement such as speech, debate, and letter-writing that expressed them. What results is a revised framework for early modern political subjectivity, one in which claims to liberty and sovereignty are tied not simply to what one can do but how—or even if—one can freely think.Less
Drawing upon myriad literary and political texts, this book charts how some of the Stuart period’s major challenges to governance—the equivocation of recusant Catholics, the parsing of one’s civil and religious obligations, the composition and distribution of subversive texts, and the increasing assertiveness of Parliament—evoked much greater disputes about the mental processes by which monarchs and subjects imagined, understood, and effected political action. Rather than emphasizing particular forms of political thought such as republicanism or absolutism, the book investigates the more foundational question of political intellection, or the ways in which early modern individuals thought through the often uncertain political and religious environment they occupied, and how attention to such thinking in oneself or others could itself constitute a political position. Focusing on this immanence of cognitive processes in the literature of the Stuart era, the book examines how writers such as Francis Bacon, John Donne, John Milton, and other less familiar figures of the seventeenth century evidence a shared concern with the interrelationship between mental and political behavior. These analyses are combined with close readings of religious and political affairs that return our attention to how early Stuart writers understood the relationship between mental states and the forms of political engagement such as speech, debate, and letter-writing that expressed them. What results is a revised framework for early modern political subjectivity, one in which claims to liberty and sovereignty are tied not simply to what one can do but how—or even if—one can freely think.
