Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/v21n1a3
J. Hengstl
The ancient world saw the rise and fall of many cultures, with accompanying cultural exchanges and reciprocal influences. It seems that such reciprocal influences and exchanges extended to the law as well, and affected legal evolution. Old legal institutions were preserved for future generations but were influenced by newer cultures. This concept is not new, but Barta has revived it. He has embarked on a publication comprising four volumes, of which volumes 1, 2 (pt1/2) and 3 (pt 1) have appeared. The author has set out to prove that the influence of Greek law on Roman law was greater than has been acknowledged up until now, that Greek law was likewise influenced by the Old Orient, and that Roman law also influenced later legal systems. The one concern of this article is to show that Barta's theory is invalid. The other concern is to criticise Barta's approach. He does not cite the extensive literature on which he relies, but quotes it. He fills page after page with texts by other authors but does not discuss nor analyse their content. Thus the reader is provided with a wide range of legal literature of the past, but not with any critical analysis of it. Newer writing is often neglected. Barta himself has interesting ideas, but it is difficult to detect them, hidden as they are amongst the cited literature. This approach is followed in all volumes but is scientifically unacceptable and merits the strongest criticism.
{"title":"Stellung des griechischen rechts in der antiken Rechtsgeschichte","authors":"J. Hengstl","doi":"10.17159/2411-7870/2015/v21n1a3","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/v21n1a3","url":null,"abstract":"The ancient world saw the rise and fall of many cultures, with accompanying cultural exchanges and reciprocal influences. It seems that such reciprocal influences and exchanges extended to the law as well, and affected legal evolution. Old legal institutions were preserved for future generations but were influenced by newer cultures. This concept is not new, but Barta has revived it. He has embarked on a publication comprising four volumes, of which volumes 1, 2 (pt1/2) and 3 (pt 1) have appeared. The author has set out to prove that the influence of Greek law on Roman law was greater than has been acknowledged up until now, that Greek law was likewise influenced by the Old Orient, and that Roman law also influenced later legal systems. The one concern of this article is to show that Barta's theory is invalid. The other concern is to criticise Barta's approach. He does not cite the extensive literature on which he relies, but quotes it. He fills page after page with texts by other authors but does not discuss nor analyse their content. Thus the reader is provided with a wide range of legal literature of the past, but not with any critical analysis of it. Newer writing is often neglected. Barta himself has interesting ideas, but it is difficult to detect them, hidden as they are amongst the cited literature. This approach is followed in all volumes but is scientifically unacceptable and merits the strongest criticism.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125095593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N2A9
L. Wildenboer
In Southern Africa a movement known as the Great Trek commenced in 1836. It entailed that groups of people with their families (generally known as the Voortrekkers or simply the Boers) left the Cape Colony and migrated north beyond the Orange River with the purpose of establishing an independent state free from British rule. After the battles at Marikwa in November 1837 and Blood River in December 1838, the main Voortrekker movement split into two with some Boers settling in the area east of the Drakensberg (later Natal) and others settling in the area west of the Drakensberg where they established the towns of Potchefstroom and Winburg (in what would later become the Zuid-Afrikaansche Republiek - or ZAR for short - and the Orange Free State respectively). No longer a nation on the move, the needs of society changed; it now required more than mobile or emergency institutions.
{"title":"Judicial administration beyond the Orange River from 1838 to 1843","authors":"L. Wildenboer","doi":"10.17159/2411-7870/2016/V22N2A9","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N2A9","url":null,"abstract":"In Southern Africa a movement known as the Great Trek commenced in 1836. It entailed that groups of people with their families (generally known as the Voortrekkers or simply the Boers) left the Cape Colony and migrated north beyond the Orange River with the purpose of establishing an independent state free from British rule. After the battles at Marikwa in November 1837 and Blood River in December 1838, the main Voortrekker movement split into two with some Boers settling in the area east of the Drakensberg (later Natal) and others settling in the area west of the Drakensberg where they established the towns of Potchefstroom and Winburg (in what would later become the Zuid-Afrikaansche Republiek - or ZAR for short - and the Orange Free State respectively). No longer a nation on the move, the needs of society changed; it now required more than mobile or emergency institutions.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"36 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120997455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A1
Carlos Perelló, Patricio-Ignacio Carvajal Ramírez
This article studies the meaning of the expression in "loco filiae" that Gaius uses to describe the position of the wife that has undergone a conventio in manum. Its aim is to ascertain whether or not manus, potestas and mancipium were equivalent powers, in the time of Gaius, by identifying, in particular, institutions which reflect disparate regulation of each.
{"title":"Some considerations on the expression \"Loco Filiae\" in Gaius' Institutes","authors":"Carlos Perelló, Patricio-Ignacio Carvajal Ramírez","doi":"10.17159/2411-7870/2016/V22N1A1","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A1","url":null,"abstract":"This article studies the meaning of the expression in \"loco filiae\" that Gaius uses to describe the position of the wife that has undergone a conventio in manum. Its aim is to ascertain whether or not manus, potestas and mancipium were equivalent powers, in the time of Gaius, by identifying, in particular, institutions which reflect disparate regulation of each.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115339787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V22N1A10
B. Griesel
It is with great sadness that we heard of the passing away of Hendrik Jacobus Erasmus on 15 June 2016, an esteemed member of the Editorial Board of Fundamina and a frequent contributor of legal historical contributions to this legal journal. Hennie Erasmus was a man of many talents. He had a formidable reputation as academic, as author, as judge, and as historian. He was born on 10 January 1935 in Ladysmith, Natal. After matriculation at the Kroonstad High School in 1952, he obtained the degrees BA and MA (both cum laude) from the University of the Free State, followed by an LLB from the University of South Africa and a DLitt et Phil (cum laude) from Leiden.
{"title":"In memoriam: Professor HJ Erasmus 10 January 1935 - 15 June 2016","authors":"B. Griesel","doi":"10.17159/2411-7870/2015/V22N1A10","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V22N1A10","url":null,"abstract":"It is with great sadness that we heard of the passing away of Hendrik Jacobus Erasmus on 15 June 2016, an esteemed member of the Editorial Board of Fundamina and a frequent contributor of legal historical contributions to this legal journal. Hennie Erasmus was a man of many talents. He had a formidable reputation as academic, as author, as judge, and as historian. He was born on 10 January 1935 in Ladysmith, Natal. After matriculation at the Kroonstad High School in 1952, he obtained the degrees BA and MA (both cum laude) from the University of the Free State, followed by an LLB from the University of South Africa and a DLitt et Phil (cum laude) from Leiden.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115601361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A9
P. J. Thomas
Tuori has the good fortune to have had the opportunity to study history, law and anthropology, which has equipped him to dive into the nouvelle vague of interdisciplinary research. In consequence, his latest book analyses the rise and fall of legal primitivism following the work of pioneers in a wide variety of disciplines. Focusing on the trilogy of sex, greed and violence, the narrative takes us from the Americas to Australia, Greenland, Africa and further. Greed is represented by the paradigmatic variations played on the theme of the development of ownership of land and contract; sex stands for the Dichtung und Wahrheit spun around matriarchy, promiscuity, polygamy and the "civilised" monogamy, while violence hovers in vendetta, feud, honour killings and blood revenge. Within the tales about these themes the reader meets old friends like the brothers Grimm, von Savigny, von Jhering, Fustel de Coulanges, Maine and Schiller, but is also introduced to a sparkling variety of new authorities such as Martius, Lonrot, Bachofen, Malinowski, Boas, Llewellynand Gluchkman to name but a few.
{"title":"Kaius Tuori: Lawyers and savages. Ancient history and legal realism in the making of legal anthropology","authors":"P. J. Thomas","doi":"10.17159/2411-7870/2016/V22N1A9","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A9","url":null,"abstract":"Tuori has the good fortune to have had the opportunity to study history, law and anthropology, which has equipped him to dive into the nouvelle vague of interdisciplinary research. In consequence, his latest book analyses the rise and fall of legal primitivism following the work of pioneers in a wide variety of disciplines. Focusing on the trilogy of sex, greed and violence, the narrative takes us from the Americas to Australia, Greenland, Africa and further. Greed is represented by the paradigmatic variations played on the theme of the development of ownership of land and contract; sex stands for the Dichtung und Wahrheit spun around matriarchy, promiscuity, polygamy and the \"civilised\" monogamy, while violence hovers in vendetta, feud, honour killings and blood revenge. Within the tales about these themes the reader meets old friends like the brothers Grimm, von Savigny, von Jhering, Fustel de Coulanges, Maine and Schiller, but is also introduced to a sparkling variety of new authorities such as Martius, Lonrot, Bachofen, Malinowski, Boas, Llewellynand Gluchkman to name but a few.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122336742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V21N2A11
Rena Van den Bergh, P. J. Thomas
Fundamina is privileged to announce the publication of the translation into Czech of the first fifteen books of Justinian's Digesta by Prof Dr Michal Skřejpek of the Charles University, Prague, who is also a member of our journal's Editorial Board.
{"title":"DIGESTA SEU PANDECTAE tomus 1 liber 1-XV fragmenta selecta. DIGESTA NEBOLI PANDEKTY svazek 1 kniha 1-XV vybrané čàsti, Michal Skřejpek (Ed.) : book announcement","authors":"Rena Van den Bergh, P. J. Thomas","doi":"10.17159/2411-7870/2016/V21N2A11","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V21N2A11","url":null,"abstract":"Fundamina is privileged to announce the publication of the translation into Czech of the first fifteen books of Justinian's Digesta by Prof Dr Michal Skřejpek of the Charles University, Prague, who is also a member of our journal's Editorial Board.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128048844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A6
G. P. Stevens, Emma Charlene Lubaale
The controversy surrounding the issue whether or not mental health professionals in South Africa should offer opinion testimony that touches upon the ultimate-issue has been ongoing and remains unsettled. This controversy has left the exact place of the ultimate-issue rule in balance hence causing uncertainty. This uncertainty has impacted negatively on the advancement of opinion testimony by mental health professionals. One notable area that has been affected is the one pertaining to child sexual-abuse cases. The authors trace the historical foundations surrounding the development of the ultimate-issue rule. It is demonstrated that the rule finds its basis in justice systems with jury trials, with the aim of the rule having been to ensure that experts do not usurp the role of the jury. Historically, juries were not schooled in law hence the need to screen the evidence they received ensuring that experts' opinions did not awe them to a point of them relinquishing their decision-making powers. In this context, the unsoundness of the rule in non-jury systems such as South Africa's (where decisions are made by judges schooled in law) is underscored. It is highlighted that the policy considerations surrounding the development of this rule are not applicable to South Africa. Recommendations are made for its express abolition by way of statutory guidelines.
{"title":"Revisiting the historical context surrounding the development of the ultimate-issue rule to inform its future in South African law of evidence","authors":"G. P. Stevens, Emma Charlene Lubaale","doi":"10.17159/2411-7870/2016/V22N1A6","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A6","url":null,"abstract":"The controversy surrounding the issue whether or not mental health professionals in South Africa should offer opinion testimony that touches upon the ultimate-issue has been ongoing and remains unsettled. This controversy has left the exact place of the ultimate-issue rule in balance hence causing uncertainty. This uncertainty has impacted negatively on the advancement of opinion testimony by mental health professionals. One notable area that has been affected is the one pertaining to child sexual-abuse cases. The authors trace the historical foundations surrounding the development of the ultimate-issue rule. It is demonstrated that the rule finds its basis in justice systems with jury trials, with the aim of the rule having been to ensure that experts do not usurp the role of the jury. Historically, juries were not schooled in law hence the need to screen the evidence they received ensuring that experts' opinions did not awe them to a point of them relinquishing their decision-making powers. In this context, the unsoundness of the rule in non-jury systems such as South Africa's (where decisions are made by judges schooled in law) is underscored. It is highlighted that the policy considerations surrounding the development of this rule are not applicable to South Africa. Recommendations are made for its express abolition by way of statutory guidelines.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128388903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/v21n2a14
D. V. Zyl
Although this is, to the best of my knowledge, the latest addition to studies on the history of European private law, it does not presume to supplant any of the previous works, such as the monumental historical gems of Franz Wieacker, Privatrechtsgeschichte der Neuzeit unter besonderer Berucksichtigung der deutschen Entwicklung (1967) and Paul Koschaker, Europa und das Romische Recht (1966). It does, however, give a useful overview (the author refers to it as a Grundriss or outline) of the history of European law in historical context.
{"title":"Wilhelm Brauneder Europäische Privatrechtsgeschichte","authors":"D. V. Zyl","doi":"10.17159/2411-7870/2015/v21n2a14","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/v21n2a14","url":null,"abstract":"Although this is, to the best of my knowledge, the latest addition to studies on the history of European private law, it does not presume to supplant any of the previous works, such as the monumental historical gems of Franz Wieacker, Privatrechtsgeschichte der Neuzeit unter besonderer Berucksichtigung der deutschen Entwicklung (1967) and Paul Koschaker, Europa und das Romische Recht (1966). It does, however, give a useful overview (the author refers to it as a Grundriss or outline) of the history of European law in historical context.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132830249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V21N2A10
Iván Siklósi, Peter Deak
This book was recently published, in Italian, by the Faculty of Law of the University La Sapienza of Rome. It was edited by Professor Gabor Hamza (Professor at the Eotvos Lorand University, Budapest) and presented (in 2015) at the prestigious Casa Editrice Jovene di Napoli. It is based on lectures presented during the early 1930s by outstanding Italian Romanists (Vassalli, De Ruggiero and Riccobono) in the frame of the Scuola di diritto romano e diritti orientali - the Scuola can be regarded as an institution at the highest level of postgraduate studies of Roman law. The book, containing the materials of these lectures (courses), is based on the manuscript of Karoly Visky, whose scientific oeuvre made him one of the internationally most esteemed Hungarian Romanists.
这本书最近由罗马大学法学院用意大利语出版。它由Gabor Hamza教授(布达佩斯Eotvos Lorand大学教授)编辑，并于2015年在著名的Casa Editrice Jovene di Napoli展出。它是基于20世纪30年代早期由杰出的意大利罗马学家(瓦萨利，德鲁杰罗和里科博诺)在Scuola di diritto romano e diritti orientali框架内提出的讲座- Scuola可以被视为罗马法研究生研究的最高水平的机构。这本书，包含了这些讲座(课程)的材料，是基于Karoly Visky的手稿，他的科学作品使他成为国际上最受尊敬的匈牙利罗马主义者之一。
{"title":"Lezioni 1930 - 1932. Scuola di Diritto Romano e Diritti Orientali raccolte da Károly Visky, Roberto de Ruggiero, Salvatore Riccobono & Filippo Vassalli : book review","authors":"Iván Siklósi, Peter Deak","doi":"10.17159/2411-7870/2016/V21N2A10","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V21N2A10","url":null,"abstract":"This book was recently published, in Italian, by the Faculty of Law of the University La Sapienza of Rome. It was edited by Professor Gabor Hamza (Professor at the Eotvos Lorand University, Budapest) and presented (in 2015) at the prestigious Casa Editrice Jovene di Napoli. It is based on lectures presented during the early 1930s by outstanding Italian Romanists (Vassalli, De Ruggiero and Riccobono) in the frame of the Scuola di diritto romano e diritti orientali - the Scuola can be regarded as an institution at the highest level of postgraduate studies of Roman law. The book, containing the materials of these lectures (courses), is based on the manuscript of Karoly Visky, whose scientific oeuvre made him one of the internationally most esteemed Hungarian Romanists.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133837811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N2A6
D. Pugsley
A good conference has interesting papers, followed by a lively discussion, stimulating new ideas and theories. The 2015 conference of the Southern African Society of Legal Historians was a good conference. My own paper is being published elsewhere, but the discussion at that conference about the law of duelling stimulated the following thoughts. Duel comes from the Latin, duellum, a variant of bellum, war. A duel is a private war. Duelling was (and still is) illegal. It is a breach of the peace. And anyone caught about to fight a duel might be taken before the magistrates and bound over to keep the peace, normally for one year. The security required was sometimes very high. In 1798 when Lieut Bromley, of the Marines, and Mr Palmer, of Ayre street, Piccadilly, were caught planning a duel near Upnor Castle, Kent, Palmer was required to give security of £2,000 (£1,000 himself, and two sureties of £500 each), because he would not give his word of honour that the matter would not be pursued. Bromley was bound over in the sum of £500 and two sureties of £250 each. (Palmer had horsewhipped Bromley for sending a very impertinent letter to his wife.)
{"title":"To be or not to be of good fame, that is the question","authors":"D. Pugsley","doi":"10.17159/2411-7870/2016/V22N2A6","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N2A6","url":null,"abstract":"A good conference has interesting papers, followed by a lively discussion, stimulating new ideas and theories. The 2015 conference of the Southern African Society of Legal Historians was a good conference. My own paper is being published elsewhere, but the discussion at that conference about the law of duelling stimulated the following thoughts.\u0000Duel comes from the Latin, duellum, a variant of bellum, war. A duel is a private war. Duelling was (and still is) illegal. It is a breach of the peace. And anyone caught about to fight a duel might be taken before the magistrates and bound over to keep the peace, normally for one year. The security required was sometimes very high. In 1798 when Lieut Bromley, of the Marines, and Mr Palmer, of Ayre street, Piccadilly, were caught planning a duel near Upnor Castle, Kent, Palmer was required to give security of £2,000 (£1,000 himself, and two sureties of £500 each), because he would not give his word of honour that the matter would not be pursued. Bromley was bound over in the sum of £500 and two sureties of £250 each. (Palmer had horsewhipped Bromley for sending a very impertinent letter to his wife.)","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123091106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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