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Topic: Henry de Bracton


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In the News (Sun 3 Jun 12)

  
  Henry De Bracton - LoveToKnow 1911
It is only after his death that his name appears as "Bracton." He seems to have entered the king's service as a clerk under the patronage of William Raleigh, who after long service as a royal justice died bishop of Winchester in 1250.
Bracton begins to appear as a justice in 1245, and from 1248 until his death in 1268 he was steadily employed as a justice of assize in the southwestern counties, especially Somerset, Devon and Cornwall.
During the earlier part of this period he was also sitting as a judge in the king's central court, and was there hearing those pleas which "followed the king"; in other words, he was a member of that section of the central tribunal which was soon to be distinguished as the king's bench.
www.1911encyclopedia.org /Henry_De_Bracton   (502 words)

  
 Henry de Bracton Biography | Encyclopedia of World Biography
Bracton was made an itinerant judge in 1245 and from 1247 to 1250 he was an English judge of the Coram Rege ("Before the Monarch").
Bracton is credited with producing a long treatise on English jurisprudence, De Legibus et Consuetudinibus Angliae, "On the Laws and Customs of England." Written in Latin, it is considered one of the oldest systematic dissertations on English common law.
Bracton was buried before an altar in Exeter cathedral at which he had founded a perpetual endowment for his soul.
www.bookrags.com /biography/henry-de-bracton   (734 words)

  
 Henry de Bracton
To come to his laborious and distinguished career, it is said that Bratton in his youth was a student at the University of Oxford, where he is further alleged to have taken the degree of doctor of civil and canon law but this, though indeed possible, is altogether lacking of proof.
It is in 1245 that we first find him acting in a judicial capacity, and from that year onward we continually meet with him either as a justice in Eyre (especially in his native Devon and other neighbouring counties) or as holding please before the king himself, until the end of the year 1267.
Of Bratton's great and comprehensive treatise "De Legibus", etc., written before 1259, the first printed edition was published in 1569 in folio, and reprinted in quarto in 1640.
www.catholicity.com /encyclopedia/b/bracton,henry_de.html   (485 words)

  
 Henry de Bracton
He continued to take the assizes in the southwest, and in 1267 he was a member of a commission of prelates, barons and judges appointed to hear the complaints of the disinherited partisans of Simon de Montfort.
He died in 1268 and was buried in the nave of Exeter cathedral, and a chantry for his soul was endowed out of the revenues of the manor of Thorverton.
His fame is due to a treatise on the laws and customs of England, De legibus et consuetudinibus Angliae, "On the Laws and Customs of England." The main part of it seems to have been compiled between 1250 and 1256; but apparently it is an unfinished work.
www.nndb.com /people/123/000102814   (467 words)

  
 [No title]
Henry de Bracton was a scholar, lawyer and judge whose work in the 13th Century in England was ahead of its time.
Henry de Bracton was one of these circuit judges.
Several names were considered for the new unit and eventually it was decided to recognise the role in the work done by Henry de Bracton in the 13th century.
www.friendsofhenrydebracton.co.uk /history.html   (411 words)

  
 History of Penn Law - Medallions and Inscriptions
In 1259 he became rector of Combe-in-Teignhead, in 1261 rector of Banstaple, in 1264 archdeacon of Barnstaple, and having resigned the archdeaconry, chancellor of Exeter cathedral; he also held a prebend in the collegiate church at Bosham.
(De Legibus et Consuetudinibus Angliae).While the attribution of the work to Bracton is of considerable antiquity, it now seems that the bulk of the work was written by persons other than Bracton in the 1220's and 1230's.
The last owner of the original manuscript and the author of the later additions was probably Bracton.
www.law.upenn.edu /about/history/medallions/bracton   (547 words)

  
 Bracton Henry de - Search Results - MSN Encarta   (Site not responding. Last check: 2007-10-22)
Bracton, Henry de (died 1268), English ecclesiastic and jurist, born in Bratton Clovelly, and probably educated at Oxford University.
De Vick was born either in Württemberg, Germany, or in Vic, near...
Tomb Effigies of Catherine de Médicis and Henry II
uk.encarta.msn.com /Bracton_Henry_de.html   (112 words)

  
 Henry de Bracton - Wikipedia, the free encyclopedia
Henry of Bracton, also Henry de Bracton, also Henrici Bracton (d.
He is famous now for his writings on law, particularly De Legibus et Consuetudinibus Angliae (On the Laws and Customs of England), and his ideas on mens rea, or criminal intent.
According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established.
en.wikipedia.org /wiki/Henry_de_Bracton   (138 words)

  
 New Catholic Dictionary: Bracton, Henry de   (Site not responding. Last check: 2007-10-22)
(died 1268) (Bratton, Henry de) Jurist and author, born probably Bratton-Clovelly, or Bratton-Fleming, Devonshire, England.
He is thought to have been a student at Oxford, and is known to have heen an itinerant judge in 1245.
He held several ecclesiastical preferments, as was usual for judges, among them the Barnstaple archdeaconry and the chancellorship of Exeter, also a canonry and prebend in the church of Bosham in Sussex, and in Exeter cathedral where he lies buried.
www.catholic-forum.com /saints/ncd01406.htm   (123 words)

  
 Summary and Evaluation of Medieval Europe 610-1300
Henry wanted the clergy to be subject to the authority of secular law courts.
Henry II married his daughters to Heinrich of Saxony, Alfonso VIII of Castile, and William II of Sicily.
Henry II was scourged at Canterbury for the murder of Becket, already declared a saint.
www.san.beck.org /6-9-Summary.html   (12017 words)

  
 Law Office of Robert J. Ambrogi
Thirteenth Century English judge Henry of Bracton is credited with compiling De Legibus Et Consuetudinibus Angliae, an attempt to describe rationally the whole of English law - 500 years before Blackstone ever sat down to write his commentaries on English law.
Although Bracton's authorship is subject to question, the work remains invaluable to legal scholars.
Bracton Online can be browsed or searched in either language, and an optional framed version simultaneously shows both the Latin and English texts.
www.legaline.com /Feb2004column.html   (980 words)

  
 26. Bracton on the Relation between Custom and Written Law
Henry of Bracton was an English judge of the court known as coram rege (later King's Bench) from 1247-50 and again from 1253-57.
Bracton's chief claim to fame is his association with the long treatise On the Laws and Customs of England, which F.W. Maitland described as "the crown and flower of English jurisprudence." The work attempts to describe rationally the whole of English law, a task that was not again undertaken until Blackstone in the eighteenth century.
While the attribution of the work to Bracton is of considerable antiquity, it now seems that the bulk of the work was written by persons other than Bracton in the 1220's and 1230's.
web.uni-frankfurt.de /fb01/cordes/elh_sourceXXVI.htm   (880 words)

  
 News - Moore Refutes Expert Witness - Center for Reclaiming America
In the trial yesterday, expert plaintiff witness Paul Finkelman told the court that the Ten Commandments are not the primary basis of American law.
Chief Justice Moore returned as a rebuttal witness and holding his personal copy of a book by de Bracton, cited the 13th century English legal scholar at length from memory.
Henry de Bracton, Moore said, is the "father of the common law" and believed that government should be under God and law, not under man.
www.reclaimamerica.org /PAGES/NEWS/newspage.asp?story=1055   (236 words)

  
 HENRY DE BRACTON (d. 1... - Online Information article about HENRY DE BRACTON (d. 1...
Bracton." He seems to have entered the See also:
Bracton begins to appear as a justice in 1245, and from 1248 until his death in 1268 he was steadily employed as a justice of See also:
OXFORD, ROBERT DE VERE, 9TH EARL OF (1362-1392)
encyclopedia.jrank.org /BOS_BRI/BRACTON_HENRY_DE_d_1268_.html   (815 words)

  
 Highbeam Encyclopedia - Search Results for Bracton, Henry de   (Site not responding. Last check: 2007-10-22)
He was the author of De legibus et consuetudinibus Angliae [on the laws and customs of England], a broad, philosophic treatise that is often called the most important work on English law before that of Sir William Blackstone.
Fleta, treatise of unknown authorship on the English common law, written in the late 13th cent.
The book is almost entirely based upon the work of Henry de Bracton.
www.encyclopedia.com /articles/01773.html   (431 words)

  
 Henry
Henry is the English form of an old Germanic name, Haimirich.
Was crowned as a “co-ruler” but later fought with his father and died of dysentery at a young age.
He married the sister of King Henry III of France and succeeded him as king.
www.geocities.com /edgarbook/names/h/henry.html   (713 words)

  
 Bracton's Treatise: De Legisbus et Consuetudinibus Angliae
He was also a clergyman, having various benefices, the last of which being the chancellorship of Exeter Cathedral, where he was buried in 1268.
Bracton’s treatise, written during the reign of King Henry III, appeared during a stage of development when the common law had emerged from the chaos of local customs and fixed forever the principles of common law.
Described by Fredric Maitland as “the crown and flower of Medieval jurisprudence” Bracton’s treatise was long accepted as the standard exposition of English law.
culaw2.creighton.edu /rarebooks/display1/bracton's.htm   (286 words)

  
 University of Exeter: School of Law - Bracton Law Lectures   (Site not responding. Last check: 2007-10-22)
Speakers are invited to Exeter to meet an audience of regional practitioners, academics and students with a view to adding to the experience of ‘learning the law’.
The title of the series is named after Henry de Bracton, a famous English juridical writer (‘De Legibus et Consuetudinibus Angliae’ circa 1259) and a man of Devon.
He was a professional judge in the service of King Henry III and is buried in Exeter Cathedral.
www.law.ex.ac.uk /exeter_bractonlectures.shtml   (415 words)

  
 ORIGINS OF COMMON LAW
When customs were searched for answers to issues to no avail, it is certain that the principles of Roman Law were implicated into the decisions and rulings.
Henry de Bracton’s familiarity with Roman Law and the channels through which he derived it, have been demonstrated throughout his works.
It is useless to suppose that such knowledge was not used; especially in the solution of those problems for which the ancient customs made no provision.
www.iejs.com /Law/origins_of_common_law.htm   (2114 words)

  
 The E Pluribus Unum Project: James Kent on "Statutes De Scandalis Magnatum"   (Site not responding. Last check: 2007-10-22)
The law of England, even under the Anglo-Saxon line of princes, took severe and exemplary notice of defamation, as an offence against the public peace, and in the time of Henry III., Bracton adopted the language of the Institutes of Justinian, and held slander and libellous writings to be actionable injuries.
But the first private suit for slanderous words to be met with in the English law, was in the reign of Edward III., and for the high offence of charging another with a crime which endangered his life.
The mischiefs of licensed abuse were felt to be so extensive, and so incompatible with the preservation of peace, that several acts of parliament, known as the statutes de scandalis magnatum, were passed to suppress and punish the propagation of false and malicious slander.
www.assumption.edu /ahc/1770s/print/descandalis.html   (459 words)

  
 THE SECOND AMENDMENT: A GUARD FOR OUR FUTURE SECURITY
As early as 690 A.D., English law required Englishmen to possess arms for military service and for assisting in local police services, such as protecting the villages and pursuing criminals.[5] As this obligation continued through the centuries, Englishmen began to recognize the value of and the need for individual gun ownership.
In the thirteenth century, Henry de Bracton, called the progenitor of modern Anglo-American legal culture,[6] wrote about the important relationship between arms and the preservation of laws.
As an example of this belief, Bracton stated concerning unjust rulers, "let each one [ruler or judge] take care for himself lest, by judging perversely and against laws.
www.constitution.org /lrev/rkba_wayment.htm   (6810 words)

  
 Basic Principles
De Cive (The Citizen), Thomas Hobbes (1641-47) — Laid basis for social contract theory, providing branching point for the theories of constitutionalism and fascism.
On the Laws and Customs of England, Henry de Bracton (1268) — First codification of English common Law.
On Democracy in America, Alexis de Toqueville (1835, 1840) — Discusses the society that makes republican government work and how it is shaped by that form of government.
www.constitution.org /cs_basic.htm   (898 words)

  
 Rule Of Law: The Jurisprudence of Liberty in the Seventeenth and Eighteenth Centuries.   (Site not responding. Last check: 2007-10-22)
Most Britons, unlike critics such as Henry St. John, Viscount Bolingbroke, accepted this change, not fathoming the extent to which the legal protections of traditional law might clash with the benevolent legislative power wielded by Robert Walpole and his successors as Prime Minister.
Reid, in his last chapter and conclusion, asserts “Rule’s Determinacy”: the thick and complex substance of the law did not yield to evanescent political and social pressures but endured to preserve the legal rights of litigants, perhaps even beyond the administrative empires that emerged in twentieth-century American government.
He ends with these words: “The law that Bracton expounded, Coke taught, and Charles I pleaded may have been constitutionally archaic in the nineteenth century, but was still known and still studied.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/reid1004.htm   (2441 words)

  
 Primary Source Documents
De Legibus Et Consuetudinibus Angliæ, Henry de Bracton (1268) This text was the most important legal treatise written in England in the medieval period as it organized, systematized, and explicated the principles of English Common Law later embraced by the American colonists.
Prince Henry VII's Commission to John Cabot (1497) Cabot was the first Englishman to discover New England.
Healing Question, Sir Henry Vane, 1656, published the following tract, expounding the principles of civil and religious liberty, and proposed that method of forming a constitution, through a convention called for the purpose, which was actually followed in America after the Revolution.
www2.lhric.org /columbus/library/primary_source/WW1.html   (9016 words)

  
 CORAM GENEAOLOGY   (Site not responding. Last check: 2007-10-22)
Futher research leads to me to believe that a CORAM fought in the battle of Agincourt 1415.
Around 1300 squires were entitled to a Coat of Arms as a mark of resepct from Henry V. The word CORAM appears in reference to Henry de Bracton (b.
Henry was a medieval English jurist, and he was an itinerant justice for King Henry III, and from about 1247 to 1257 he was a judge of the Coram Rege, which afterward became the King's (or Queen's) Bench.
members.aol.com /ROB65MVP/index.html   (363 words)

  
 History of Assisted Suicide
In the 13th century, Henry de Bracton, one of the first legal treatise writers, observed that "[j]ust as a man may commit felony by slaying another so may he do so by slaying himself." 2 Bracton on Laws and Customs of England 423 (f.
The real and personal property of one who killed himself to avoid conviction and punishment for a crime were forfeit to the king; however, thought Bracton, "if a man slays himself in weariness of life or because he is unwilling to endure further bodily pain.
Coke regarded suicide as a category of murder, and agreed with Bracton that the goods and chattels--but not, for Coke, the lands--of a sane suicide were forfeit.
www.euthanasia.com /history.html   (1893 words)

  
 Henry's Law - Search Results - ninemsn Encarta   (Site not responding. Last check: 2007-10-22)
Henry's Law - Search Results - ninemsn Encarta
Henry's Law, law concerning the solubility of gases in liquids, formulated by the British chemist William Henry.
Law, body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern...
au.encarta.msn.com /Henry's_Law.html   (129 words)

  
 [No title]
The fact that, according to Alexis de Tocqueville, Americans have been unusually litigious since at least 1835.
The fact that almost all the states in the U.S. permit live television coverage of real trials, that federal courts generally prohibit them, and that only a minority of foreign countries allow them.
The role of Henry de Bracton in starting the idea of the doctrine of precedent.
www.deanza.edu /faculty/lilly/b18exam1hints.doc   (1002 words)

  
 LifeBarrier - About Us   (Site not responding. Last check: 2007-10-22)
Through LifeBarrier's efforts of working with those in a variety of industries, we have gained a better understanding of the risks involved in the job place and in turn have developed solutions to minimize or even eliminate the hazards they must face in our efforts to help save lives… this is LifeBarrier's mission.
In the words of Henry de Bracton, "An ounce of prevention is worth a pound of cure." That one statement is a key element in the foundation that inspires the LifeBarrier team on its mission and the road ahead.
The ProSafetyGrip™ was designed by Stuart Ampel, a Florida businessman, who was watching an episode of the TV program COPS during which a policeman got stuck with a needle when searching a suspect.
www.lifebarrier.com /aboutus.htm   (253 words)

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