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English Thought on Search and Seizure, 1642–1700

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

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 ... More


The General Warrant in Intellectual and Political Perspective, 1642–1700

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

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 ... More


Shaping the Common Law: From Glanvill to Hale, 1188-1688

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 ... More


The epigram and political comment

James Doelman

in The Epigram in England, 1590-1640

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 ... More


Blackstone’s and Hale’s Doctrines of Land and Water Use

JOSHUA GETZLER

in A History of Water Rights at Common Law

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 ... More


States, monarchs and dynastic transitions: the political thought of John Hayward

R. Malcolm Smuts

in Doubtful and dangerous: The question of succession in late Elizabethan England

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 ... More


The Laws of Subjecthood

Hannah Weiss Muller

in Subjects and Sovereign: Bonds of Belonging in the Eighteenth-Century British Empire

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 ... More


The Formal Estoppels

ELIZABETH COOKE

in The Modern Law of Estoppel

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 ... More


The Making of the Privilege

Amanda L. Tyler

in Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

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 ... More


Corporation as Common Constitution

Henry S. Turner

in The Corporate Commonwealth: Pluralism and Political Fictions in England, 1516-1651

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 ... More


Literature and Political Intellection in Early Stuart England

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 ... More


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