‘That Saucy Paradox’

2019 ◽  
pp. 94-119
Author(s):  
K.J. Kesselring
Keyword(s):  
Sixteenth Century ◽  
Common Law ◽  
Special Kind ◽  
Private Interests ◽  
History Of ◽  
The Creation

Chapter 4 looks at the duel as envisioned when it first appeared in late sixteenth-century England. Seen as an inherently private, unauthorized quest for revenge fought by elite men, the duel prompted responses from King James VI and I that some common law advocates in time came to see as problematic. The chapter surveys the history of duelling in practice and as an idea. It argues that the abstraction of the duel as a special kind of fight by men of special status helped in the creation of stronger statements of the supremacy of the king’s peace and public justice over private interests, in part by doing so in ways that many elite men found useful or at least not unduly threatening.

Empiricism in Sixteenth-Century Medical Practice

2013 ◽  
Vol 18 (6) ◽  
pp. 487-516 ◽  
Author(s):  
Michael Stolberg
Keyword(s):  
Sixteenth Century ◽  
Medical Practice ◽  
Central Place ◽  
Sensory Experience ◽  
General Knowledge ◽  
Personal Observation ◽  
Lay Persons ◽  
History Of ◽  
The Creation ◽  
Key Terms

Based on an analysis of some 4.000 pages of manuscript notes on ordinary medical practice which the little-known Bohemian physician Georg Handsch (1529–1578?) wrote from the late 1540s, this article traces the central place which empiricist attitudes and approaches held in mid-sixteenth-century learned medical practice. While explicit epistemological statements are rare, the very effort which Handsch put into recording thousands of observations he and other physicians around him had made, and the value they attributed to the experiences of ordinary lay persons and even “empirics” reflects a profound belief in the value of sensory experience and personal observation. The paper traces the uses of empiricist key terms like “experientia,” “historia” and “observatio,” it highlights the epistemic effects of personal observation, from confirming and challenging established notions to the creation of new general knowledge from particulars, and it suggests, in conclusion, that such brief notes on ordinary medical practice played an important role in the history of “facts.” 


scholarly journals Absence of Consideration in the Law of Bills and Notes

1980 ◽  
Vol 39 (2) ◽  
pp. 360-370 ◽  
Author(s):  
Benjamin Geva
Keyword(s):  
Sixteenth Century ◽  
Common Law ◽  
House Of Lords ◽  
The Creation ◽  
The Law

By the latter part of the sixteenth century the theory of liability on bills of exchange had been adapted to common law theory of contract so as to lie in assumpsit. In 1787 it was fully settled by the House of Lords that all “contracts in writing … [which are] merely written and not specialties … are parol” and require consideration. Promissory notes and bills of exchange fell into this category. Indeed, “bills and notes were contracts and being such there was no persuasive reason why the basis of liability on a bill or note should be any different from that on any other written contract for payment of money.” While there is no provision in the Bills of Exchange Act (“the Act”) directly to the point, it is well established indeed that consideration of “value” is needed for the creation of an obligation under a negotiable instrument. According to Chalmers, “where B, by way of gift, makes a note in favour of C, C cannot recover from B.”

The Wearing of the Red: The Redcoat and the British Brand

Costume ◽  
2007 ◽  
Vol 41 (1) ◽  
pp. 99-104 ◽  
Author(s):  
Nigel Arch
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
Cultural History ◽  
Visual Arts ◽  
Jane Austen ◽  
Polite Society ◽  
History Of ◽  
The Creation

As a concept, the idea of product branding offers insights into the history of uniform in Britain. The creation of a brand, by which a product is understood and recognised by its name, fits the cultural history of the red coat, that part of his uniform by which the British infantryman was known for over three hundred years. While the earliest references to the redcoat in this context occur in the sixteenth century, it is really from the eighteenth century onwards that the term becomes widely employed to denote the soldier. However, a review of royal portraiture in Britain from the late seventeenth century onwards also reveals that monarchs used the red coat as a way of uniting the ideals of patriotism with the monarch — a device that was particularly important for the Hanoverian dynasty. Both literature and the visual arts helped identify the red coat as a synonym for the soldier. Numerous references may be adduced, from Jane Austen writing of polite society, to Rudyard Kipling's Tommy. Lady Elizabeth Butler was perhaps the most famous artist to depict red-coated heroes in battles, which marked the defence or development of the Empire.

scholarly journals Teaching Tepahtia

2019 ◽  
Vol 1 (3) ◽  
pp. 85-104
Author(s):  
Mackenzie Cooley
Keyword(s):  
Latin America ◽  
Sixteenth Century ◽  
Medicinal Plants ◽  
Early Modern ◽  
Knowledge Creation ◽  
Information Transfer ◽  
New Spain ◽  
History Of ◽  
The Creation ◽  
Gain Access

This pedagogical article discusses sources and methods for teaching the history of imperial science and medicine in the Nahua world from 1400 to 1600, a period that ranges from the spectacular growth of the Aztec Empire through the conquest to the creation of New Spain. By providing students tools to explore non-European ontologies and world-building, this article presents several exercises in which students act as archival researchers and themselves puzzle out the complexities of information transfer in the archive of sixteenth-century Latin America. Combining European paleography workshops, linguistic tools pioneered by the IDIEZ Nahuatl program, the study of Mesoamerican archeological objects, and an engagement with Mexican medicinal plants to recreate early modern remedies, students gain access to a world of New Spanish knowledge-creation.

The Church of Ireland: a critical bibliography, 1536–1992 Part II: 1603–41

1993 ◽  
Vol 28 (112) ◽  
pp. 352-358
Author(s):  
Alan Ford
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Roman Catholic ◽  
Protestant Church ◽  
Church Of Ireland ◽  
History Of ◽  
The Creation ◽  
The Church ◽  
The Way

There is a marked difference between the history of the Church of Ireland in the sixteenth century and in the early seventeenth century. The historian of the early Reformation in Ireland has to deal with shifting religious divides and, in the Church of Ireland, with a complex and ambiguous religious entity, established but not necessarily Protestant, culturally unsure, politically weak, and theologically unselfconscious. By contrast, the first part of the seventeenth century is marked by the creation of a distinct Protestant church, clearly distinguished in structural, racial, theological and political terms from its Roman Catholic counterpart. The history of the Church of Ireland in the first four decades of the seventeenth century is therefore primarily about the creation of this church and the way in which its new structures and exclusive identity were shaped.

‘An Image of Deadly Feud’

2019 ◽  
pp. 68-93
Author(s):  
K.J. Kesselring
Keyword(s):  
Sixteenth Century ◽  
Early Modern ◽  
Early Modern Period ◽  
Private Interests ◽  
Modern Period ◽  
Legal Sanctions ◽  
History Of

Chapter 3 turns to the history of private satisfaction-seeking, or feuding, and focuses on compensation for homicide. It shows that payments continued longer than we might have thought. When such compensation served as a means to bypass legal sanctions, it hindered the successful imposition of the king’s peace, let alone any emerging notion of a public peace. Mediated through the ancient mechanism of the appeal, however, compensation continued into the sixteenth century and beyond, thanks in part to the needs and actions of victims’ widows. But appeals did decline over the early modern period. Here, too, a statute of 1487 played a part, as did the uses judges made of the new manslaughter verdict. Judges and others derided appeals as ‘suits of revenge’, tainted by association with the feud and an approach to peace-making and satisfaction-seeking that had less and less legitimacy as public justice came to supersede private interests.

Fugue in the Sixteenth Century

2020 ◽  
Author(s):  
Paul Walker
Keyword(s):  
Sixteenth Century ◽  
Fifteenth Century ◽  
Compositional Style ◽  
Early History ◽  
Initial Presentation ◽  
The Real ◽  
Josquin Des Prez ◽  
History Of ◽  
The Creation ◽  
Further Development

This book explores the roots of the classic fugue and the early history of non-canonic fugal writing through the three principal fugal genres of the sixteenth century: motet, ricercar, and canzona. The book begins with the pivot in Western composition from an emphasis on variety to one on repetition, first developed by such Franco-Flemish composers as Loyset Compère and Josquin des Prez toward the end of the fifteenth century. By around 1520 Jean Mouton and his contemporaries had established the classic Franco-Flemish motet with its well-known point-of-imitation structure. Nicolas Gombert proved to be the real pioneer in the further development of this idea in the 1530s when he explored the return of thematic material after its initial presentation, an approach that proved central not only to the motet writing of Thomas Crecquillon and Jacobus Clemens non Papa, but also to the earliest experiments in serious abstract instrumental composition (the ricercar) undertaken by a series of organists active in Venice, most notably Claudio Merulo and Andrea Gabrieli. The most important innovation of the last decades of the century was the creation at the hands of Brescian organists of the fugal canzona alla francese, an instrumental genre inspired not by the sophisticated compositional style of the motet, but by the contrapuntally looser approach of such imitative chansons as Passereau’s Il est bel et bon. By century’s end, composers such as Giovanni de Macque had given the canzona a contrapuntal integrity commensurate with that of the ricercar.

The Origin and Early History of the Writs of Entry

2007 ◽  
Vol 25 (3) ◽  
pp. 513-556
Author(s):  
Joseph Biancalana
Keyword(s):  
Distinctive Feature ◽  
Common Law ◽  
Early History ◽  
First Century ◽  
Legal Reforms ◽  
History Of ◽  
The Common ◽  
The Creation

The writs of entry are of interest chiefly because they offer an example of how, in the first century of its history, the common law grew by the creation of new writs. The first writs of entry were among the earliest writs to be invented after the legal reforms of Henry II. Further writs of entry were created after 1217. The distinctive feature of a writ of entry was that it challenged what plaintiff thought was the basis of defendant's claim to the land in dispute. A writ of entry alleged that defendant “had no entry” into the land other than by a transaction or taking that did not authorize him to hold the land.

Other Interests in Land

2019 ◽  
pp. 317-337
Author(s):  
John Baker
Keyword(s):  
Sixteenth Century ◽  
Fourteenth Century ◽  
Common Law ◽  
Practical Importance ◽  
Modern Times ◽  
History Of ◽  
The Common

This chapter is concerned with the history of interests in land not already dealt with. The term of years, or leasehold, began as a chattel interest but changed character when it was used as a substitute for subinfeudation after 1290. The 1499 decision that possession could be recovered in the action of ejectment turned it into a ‘chattel real’. Villein tenure, renamed ‘copyhold’ in the fourteenth century, existed beyond the common law, in that it was regulated and protected by manorial custom; but the availability of ejectment to copyholders brought it within the common-law scheme of estates in the sixteenth century. The trust also became an ‘equitable estate’ in land, with different purposes from the medieval use. Mortgages were of considerable practical importance, though not until modern times as a device for buying property; the various forms are here outlined.

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