Non-Rulers but Famous Flashcards
Bede
7/8th century monk, wrote the Ecclesiastical History of the English Nation, which is credited with helping to establish a national English identity. Also a source of info on Anglo-Saxon England. Also the one who coined the current AD dating system
Glanvill
Chief Justiciar for Henry II. Credited with writing The Treatise on the Law and Customs of the Kingdom of England, the first treatise on English law. Covered the laws of the court and the realm, the royal courts system, included sample writs. Practitioner’s Guide
Bracton
1220s-1260s. Updated treatise on English law written by royal judges. More of a guide for judges than practitioners. Clear Roman influence, tenuous support for the King being bound by the law. Last full treatise of English Law until Blackstone in the 18th century
Thomas Becket
Archbishop of Canterbury and once the friend of Henry II. He became a thorn in Henry II’s side when the latter started reducing the power of the church courts. Was killed in Canterbury Cathedral by over-eager knights who believed Henry wanted him dead. Was made a martyr, and the PR tour for Henry II reversed a lot of the changes
Simon De Montfort
De facto rule 1264-66. Deposed Henry III and summoned a New Parliament in 1265. This Parliament enacted taxes and statutes and was arguably the origin of Parliament as a branch of government
Wat Tyler
Led the peasant’s revolt in 1381, in part as a response to poll taxes. Was deceived and violently put down by Richard II. Disliked lawyers
Jack Cade
Led revolt in 1450 during the reign of Henry VI. Strong dislike of lawyers, also critical of the law in general and of the King’s Bench
Catherine of Aragon
First wife of Henry VIII and the daughter of King Philip of Spain. All of her sons died young, but she also gave birth to Mary. Lack of male heirs led Henry VIII to attempt to divorce her, which resulted in England splitting off from the Catholic church
Anne Boleyn
Second wife of Henry VIII. He split off from the church and divorced Catherine to marry her. No luck with male heirs and was convicted of adultery, treason, and executed.
Thomas More
Lord Chancellor of King Henry VIII and adamantly opposed his shenanigans. Refused to accept (via silence) Henry’s claim to Supreme Head of the Church. Was executed for this in 1534. Canonized. “It profits a man nothing to sell his soul for the whole world, but for Wales?”
Edward Plowden
First head of Middle Temple and the first great Case Reporter. Primarily active 1550s-1570s. Wrote reports in law french
Sir Francis Bacon
Dickrider in chief of James I and very strongly supported an empowered monarch. Cucked by Coke. Wanted to judge the law solely by its results. Was Solicitor General, Attorney General, and Chancellor
Sir Edward Coke
Hater in chief of King James I and a staunch proponent of the common law. Was Attorney General when James succeeded, was moved to Court of Common Pleas (CJ) and then to the King’s Bench before being removed. Clashed constantly with James and insisted that the King was bound by the law. 1611 Case of Proclamations, 1616 Case of Commendams were the peak of this. The second great law reporter (1600-1650) for cases he was a judge or attorney for. Also wrote his Institutes, including Coke on Littleton, which was an absolute mess of an attempt to explain English law.
Gerrard Winstanley
Leader of the DIggers. a reformist group during the interregnum years. Preached abolition of property on Christian grounds and disliked lawyers
Thomas Hobbes
Former secretary to Bacon and a philosopher. Most famous work was Leviathan, in which he advocated for a strong central government led by a powerful monarch
Oliver Cromwell
Installed as Lord Protector of England via Constitution after the execution of Charles I. Was given enormous power and essentially ruled as a monarch. His High Court was worse than Star Chamber had ever been. When he died, his title passed to his son.
John Locke
Philosopher, favorite of Jefferson, enormously influential on the American revolution, pro-slavery piece of shit. Said the government’s purpose was to protect inalienable rights (which included property) and that people are free to overthrow an abusive government
Nathaniel Ward
Drafted the Bodies of Liberty, the first legal text of the colony of Massachusetts. Wanted theocracy over common law. Outlined capital punishments, which included worshiping the wrong religions/sects
Jesse Root
Connecticut judge who wanted to abolish the common law after the revolution. Said the common law was suited for England but not for a fledgling country like the USA
Ephraim Kirby
First American case reporter, issued first report in 1789 based on Connecticut cases. Put name on report because of the amount of work. Summarized oral arguments, transcribed judge’s decision (given orally)
Sir William Blackstone
1273-1780. Legal titan and first university professor of common law. More influence on American common law than anyone else. Created a 4 volume series called Commentaries on the Laws of England, which was the first full treatise on English law since Bracton. This was also the second most influential legal work ever behind only the CIC. Unlike Coke on Littleroot, his treatises were accessible and well-organized. Still cited in 8% of SCOTUS opinions to this day
Lord William Murray (Earl of Mansfield)
Chief Justice of the King’s Bench 1756-1788. Contemporary(ish) of Blackstone. Helped reinstate proper Court Reporting. United the common law with Lex Mercatoria. Revolutionized many equitable doctrines. Disliked voluminous pleading. Pioneered or inspired insurance law, intellectual property law, the eventual UCC, negligence, promissory estoppel, doctrine of unconscionability. Decision in Somerset’s case was seen as preventing slavery in England itself (not quite true). Beloved by American legal professionals but was a huge political enemy during the Revolution
William Garrow
Trailblazer for the adversarial criminal trial and the rights of criminal defendants. Source of presumption of innocence. “Ei incumbit probatio qui dicit, non qui negat” (the burden of proof belongs to the one who declares, not the one who denies). Nemo tenetur prodere seipsum (no one is bound to accuse himself)
Thomas McCain
Hall of Fame Dickrider, did tricks on it for Mansfield. Supreme Court judge for Pennsylvania, published 1 U.S. and tried to model his decisions after Mansfield’s doctrines. Even sent a copy of 1 U.S. to Mansfield who greatly approved
