Various developments of the money counts

2019 ◽  
pp. 494-518
Author(s):  
John Baker
Keyword(s):  
Seventeenth Century ◽  
Chief Justice ◽  
Partial Success

This chapter shows how the action of assumpsit for money, usually in the fictional form known as indebitatus assumpsit, was extended in the seventeenth century to cover situations beyond the reach of the old action of debt: for instance, actions on bills of exchange, actions for sums of money not quantified at the time of contracting (quantum meruit and quantum valebant), and restitutionary actions for money received to the plaintiff’s use. The last category overlapped with the action of account, but unlike account could be used against wrongdoers. Excessive use of ‘money had and received’ to replace the usual remedies in contract and tort was resisted, with only partial success, by Chief Justice Holt.

Slow Process, Due Process, and the High Court of Parliament: A Reinterpretation af the Revival of Judicature in the House of Lords in 1621

1974 ◽  
Vol 17 (1) ◽  
pp. 3-16 ◽  
Author(s):  
J. Stoddart Flemion
Keyword(s):  
Seventeenth Century ◽  
Middle Ages ◽  
Legal System ◽  
Due Process ◽  
Slow Process ◽  
High Court ◽  
Half Century ◽  
Chief Justice ◽  
House Of Lords ◽  
Lord Chancellor

For a half-century, historians, accepting an interpretation put forward by Francis Relf in the introduction to the Camden Society's publication of several of the scribbled books of Henry Elsing, clerk of the parliament in the 1620s, have viewed the revival of judicature in parliament in 1621 from the distorted framework of the struggle for supremacy between the two great systems of law in England. An explanation more consistent with all of the evidence surrounding this event - which brought with it the most significant constitutional develop ment in the house of lords since the middle ages - lies in the connection between slow process and due process in English justice. Professor William Jones singled out slow justice in the courts as the central judicial problem of the age and observed that it defeated both the great equity jurist, Lord Chancellor Ellesmere, and his equally famous counterpart, Chief Justice Sir Edward Coke, since ‘neither man could think of a remedy which would restrain litigants and yet leave their legally justified rights untarnished’. The revival of judicature in the house of lords in 1621, most especially in its appellate civil aspects, was part of the most ambitious attempt to solve this dilemma in the early seventeenth century. While it failed in its immediate goal and slow justice remained the nemesis of due process in the English legal system, the experiment begun in 1621 permanently altered the constitutional framework of England by establishing the house of lords once again as the high court of parliament.

The Crimes of Seditious Libel and Seditious Speech

2020 ◽  
pp. 77-104
Author(s):  
Wendell Bird
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Government Officials ◽  
Chief Justice ◽  
Legal Context ◽  
The Common ◽  
Star Chamber ◽  
The Revolution

This chapter provides the legal context for these discussions of eighteenth-century freedoms of press and speech and seditious publishing and speaking. The common law crimes of seditious libel and seditious words arose in England to criminalize dissent toward the king or government officials that could not successfully be suppressed as treason. The seventeenth-century crime of seditious libel was created by the Star Chamber’s Case of Libellis Famosis and other cases, and quickly attracted criticism for the Star Chamber’s prosecutions of such dissidents as Dr. Alexander Leighton, William Prynne, Dr. John Bastwick, Rev. Henry Burton, and John Lilburne. After the Revolution of 1688, that and other Star Chamber precedents were adopted by Lord Chief Justice John Holt, and an eighteenth-century framework of unique rules for prosecuting seditious libel was assembled by Holt in a series of cases, and was revised by Lord Chief Justice Mansfield.

Salivary Conditioning in the Seventeenth Century.

1963 ◽  
Vol 18 (1) ◽  
pp. 69-69 ◽  
Author(s):  
Jozef Cohen
Keyword(s):  
Seventeenth Century

Transmission of Renaissance herbal images to China: the Beitang copy of Mattioli’s commentaries on Dioscorides and its annotations

2020 ◽  
Vol 47 (2) ◽  
pp. 236-253
Author(s):  
Wu Huiyi ◽  
Zheng Cheng
Keyword(s):  
Seventeenth Century ◽  
Natural History ◽  
National Library ◽  
Materia Medica ◽  
Close Analysis ◽  
Northern Chinese ◽  
Jesuit Missionaries ◽  
Animal Names ◽  
National Library Of China ◽  
Made In

The Beitang Collection, heritage of a seventeenth- and eighteenth-century Jesuit library in Beijing now housed in the National Library of China, contains an incomplete copy of Pietro Andrea Mattioli’s commentary on an Italian edition of Pedanius Dioscorides's De materia medica (1568) bearing extensive annotations in Chinese. Two hundred odd plant and animal names in a northern Chinese patois were recorded alongside illustrations, creating a rare record of seventeenth-century Chinese folk knowledge and of Sino-Western interaction in the field of natural history. Based on close analysis of the annotations and other contemporary sources, we argue that the annotations were probably made in Beijing by one or more Chinese low-level literati and Jesuit missionaries during the first two decades of the seventeenth century. We also conclude that the annotations were most likely directed at a Chinese audience, to whom the Jesuits intended to illustrate European craftsmanship using Mattioli’s images. This document probably constitutes the earliest known evidence of Jesuits' attempts at transmitting the art of European natural history drawings to China.

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