Non-Rulers but Famous

Question 1

Bede

Answer 1

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

Question 2

Glanvill

Answer 2

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

Question 3

Bracton

Answer 3

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

Question 4

Thomas Becket

Answer 4

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

Question 5

Simon De Montfort

Answer 5

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

Question 6

Wat Tyler

Answer 6

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

Question 7

Jack Cade

Answer 7

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

Question 8

Catherine of Aragon

Answer 8

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

Question 9

Anne Boleyn

Answer 9

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.

Question 10

Thomas More

Answer 10

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?”

Question 11

Edward Plowden

Answer 11

First head of Middle Temple and the first great Case Reporter. Primarily active 1550s-1570s. Wrote reports in law french

Question 12

Sir Francis Bacon

Answer 12

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

Question 13

Sir Edward Coke

Answer 13

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.

Question 14

Gerrard Winstanley

Answer 14

Leader of the DIggers. a reformist group during the interregnum years. Preached abolition of property on Christian grounds and disliked lawyers

Question 15

Thomas Hobbes

Answer 15

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

Question 16

Oliver Cromwell

Answer 16

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.

Question 17

John Locke

Answer 17

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

Question 18

Nathaniel Ward

Answer 18

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

Question 19

Jesse Root

Answer 19

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

Question 20

Ephraim Kirby

Answer 20

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)

Question 21

Sir William Blackstone

Answer 21

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

Question 22

Lord William Murray (Earl of Mansfield)

Answer 22

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

Question 23

William Garrow

Answer 23

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)

Question 24

Thomas McCain

Answer 24

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

Question 25

Jeremy Bentham

Answer 25

1748-1832. Founder of Utilitarianism. Thought that the common law was a horrific mess and wanted to judge all laws on their utility (ability to give the most amount of happiness to the most people). Said common law was like law for your dog. Donated his body to science

Question 26

John Stuart Mill

Answer 26

Inspired by Bentham but considerably smarter. Wrote a better treatise on Utilitarianism and also advocated for sex equality

Question 27

John Dudley

Answer 27

Epitome of the “common sense” judge. Was a former who served on the NH Supreme Court at the end of the 18th century. Never read Blackstone or Mansfield and often told jurors to ignore the law and hold based on common sense

Question 28

David Dudley Field

Answer 28

Leading proponent of codification in the United States. While he was largely unsuccessful, his efforts did result in the eventual UCC, the California Civil Code, arguably the FRCP, and several states/territories adopted his Field’s Civil Code

Question 29

James Coolidge Carter

Answer 29

Staunch opponent of codification and believed that lawmaking needed to remain with competent judges, not incompetent and corrupt legislators

Question 30

Tapping Reeve and William Gould

Answer 30

Founders of Litchfield, the premiere law school in early America. Produced an overwhelming number of state and federal supreme court judges. For profit, practitioners who taught Blackstone and adapted his treatises to American Law

Question 31

George Wythe

Answer 31

1789 was made America’s first professor of common law (2nd total after Blackstone) at William and Mary

Question 32

St. George Tucker

Answer 32

Successor to Wythe and awarded degrees in common law. Success led other universities to appoint law professors

Question 33

Christopher Columbus Langdell

Answer 33

1870 Dean of Harvard Law School and revolutionized legal education in America with 6 main innovations. The case method (also created first casebook); a set sequence of courses during the first year (the same we still use); the Socratic method of teaching law, final exams and class rankings, insisted that law be a post-graduate degree, and believed in hiring academics as law professors instead of practitioners. Also very sexist.