Difference between revisions of "Report of all the Cases Determined by Sir John Holt"

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{{DISPLAYTITLE: ''A Report of All the Cases Determined by Sir John Holt, Knt.''}}
 
{{DISPLAYTITLE: ''A Report of All the Cases Determined by Sir John Holt, Knt.''}}
 
<big>''A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710, during the Time He was Lord Chief Justice of England''</big>
 
<big>''A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710, during the Time He was Lord Chief Justice of England''</big>
===by Thomas Farresley===  
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===compiled by Thomas Farresley===  
 
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|publoc=London, In the Savoy
 
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|publisher=Printed by E. and R. Nutt and R. Gosling, Assigns of Edw. Sayer
 
|year=1738
 
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|pages=[2], iii, [17], 762, [90]
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}}[https://en.wikipedia.org/wiki/John_Holt_(Lord_Chief_Justice) Sir John Holt] (1642-1710), an accomplished barrister and ardent supporter of the monarchy, was admitted to [https://en.wikipedia.org/wiki/Gray%27s_Inn Gray's Inn] as a nine year old and called to the bar in February 1664, at the age of twenty-two.<ref>Halliday, Paul D. "[http://www.oxforddnb.com/view/article/13611 Holt, Sir John (1642–1710)]," ''Oxford Dictionary of National Biography'' (Oxford University Press, 2004- ), accessed February 16, 2015.</ref>. An accomplished barrister and ardent supporter of the monarchy, Holt was made sergeant-at-law in 1684 and received a knighthood from James II in 1686. When the king fled London in 1688, Holt became a legal adviser to the House of Lords and was "among those who suggested that James II had abdicated because his departure was a violation—and thus a renunciation—of his trust as king.<ref>Ibid.</ref> In 1689, William III appointed Holt chief justice of the [https://en.wikipedia.org/wiki/Queen%27s_Bench King's Bench]. In this role, Holt became one of the most influential judges in seventeenth and eighteenth century England. Impressively, Holt exercised this influence through his case reports alone; he never authored a legal treatise. Holt served as Lord Chief Justice of England until his death in 1710.
A Report Of all the Cases Determined by Sir John Holt, Knt. from 1688 to 1710, during which Time he was Lord Chief Justice of England:  Containing Many Cases never before Printed, taken from an Original Manuscript of Thomas Farresley, late of Middle-Temple, ESQ; Also Several Cases in Chancery and the Exchequer-Chamber.<br> 
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<br />
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''A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710'' provides readers with details regarding the decisions of the cases Holt presided over while holding the office of the Lord Chief Justice of England.<ref>Great Britain. Court of King's Bench, ''Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710, during the Time He was Lord Chief Justice of England'' (London, In the Savoy: Printed by E. and R. Nutt and R. Gosling, Assigns of Edw. Sayer, 1738), i.</ref> Compiled in the alphabetical format typical of abridgments, Holt's ''Reports'' includes material from a manuscript written by Thomas Farresley, as well as other sources.<ref>Ibid.</ref> As one historian commented, "Holt's rulings contributed significantly to the development of the law of commerce, of corporations, and of public administration ... his opinions ... show his erudition, the neatness of his mind, and the force of his ideas."<ref>Halliday, "Holt, Sir John (1642-1710).</ref>  
The intent of the book, as the title suggests, is to provide readers with an abridged version of the details and decisions of the cases Sir John Holt presided over while holding the office of the Lord Chief Justice of England.<ref>Great Britain. Court of King's Bench, "[http://find.galegroup.com/ecco/infomark.do?&source=gale&prodId=ECCO&userGroupName=viva_wm&tabID=T001&docId=CW125476688&type=multipage&contentSet=ECCOArticles&version=1.0&docLevel=FASCIMILE Report of all the cases determined by Sir John Holt]" ''Eighteenth Century Collections Online. Gale. College of William & Mary.'' (London, 1738), accessed February 16, 2015.</ref> Sir John Holt was an accomplished barrister and ardent supporter of the Monarchy who was appointed Lord Chief Justice of England in 1689 and served until his death in 1710.<ref>Halliday, Paul D.. “Holt, Sir John (1642–1710).” Paul D. Halliday In Oxford Dictionary of National Biography, edited by H. C. G. Matthew and Brian Harrison. Oxford: OUP, 2004. Online ed., edited by Lawrence Goldman, October 2009. http://www.oxforddnb.com/view/article/13611 (accessed February 16, 2015)</ref>.<br>
 
<br />
 
While  it is apparent that material written by Thomas Farresley is contained within this book, the book itself states that other sources were used as well.<ref>Great Britain. Court of King's Bench. 1738."</ref>  "The greater number of these Cases is to be found at Large in the Books of Reports of his time..", with the majority of the remaining cases coming from Farresley's manuscript.<ref>Ibid.</ref><ref>Great Britain. Court of King's Bench, "[http://find.galegroup.com/ecco/infomark.do?&source=gale&prodId=ECCO&userGroupName=viva_wm&tabID=T001&docId=CW106124329&type=multipage&contentSet=ECCOArticles&version=1.0&docLevel=FASCIMILE Modern cases argued and adjudged in the Court of King's-Bench at Westminster, In the Reign of Her late Majesty Q. Anne, in the Time when Sir John Holt sat Chief-Justice there]." ''Eighteenth Century Collections Online. Gale. College of William & Mary.'' (London, 1716), accessed February 16, 2015.</ref> This work is essentially a compilation of existing material that was assembled and edited by Giles Jacob  and having no true single author.<ref>Great Britain. Court of King's Bench. 1738."</ref> Farresley appears to be given the listed title of author for the reason that he most likely authored more of the material than anyone else. Unfortunately, aside from his manuscript and the fact that he was associated with Middle Temple, not much else is known about Thomas Farresley. <ref>Great Britain. Court of King's Bench. 1716."</ref>
 
  
 
==Evidence for Inclusion in Wythe's Library==
 
==Evidence for Inclusion in Wythe's Library==
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The [https://digitalarchive.wm.edu/handle/10288/13433 Brown Bibliography]<ref> Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433</ref> suggests Wythe owned the 1738 edition of ''A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710'' based on entries in the manuscript copy of John Marshall's commonplace book. Brown also notes that Wythe referenced Holt's ''Reports'' in his arguments for ''[[Bolling v. Bolling]]'', "But in the opinion, he is not only single as in the other, but contradicted by Sir John Holt whose words pa. 306 are, 'when the obligee makes the obligor his executor, tho' it is a discharge of the action, yet the debt is assets ..."<ref>Bernard Schwartz, Barbara Wilcie Kern, R. B. Bernstein, eds., ''Thomas Jefferson and Bolling v. Bolling: Law and the Legal Profession in Pres-Revolutionary America'' (San Marino, CA: The Huntington Library; New York: New York University School of Law, 1997), 333.</ref>
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The Wolf Law Library has not yet added a copy of Holt's ''Reports''.
  
 
==References==
 
==References==
 
<references/>
 
<references/>
 
==External Links==
 
Read this book in [https://books.google.com/books?id=gfM-nQEACAAJ&dq=Farresley,+Thomas.+A+Report+of+all+the+Cases+Determined+by+Sir+John+Holt,+Knt.+1738 Google Books]
 
  
 
[[Category:Case Reports]]
 
[[Category:Case Reports]]
 
[[Category:Common Pleas Reports]]
 
[[Category:Common Pleas Reports]]
 
[[Category:Titles in Wythe's Library]]
 
[[Category:Titles in Wythe's Library]]

Revision as of 13:03, 4 March 2015

A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710, during the Time He was Lord Chief Justice of England

compiled by Thomas Farresley

Holt's Reports
George Wythe bookplate.jpg
Title not held by The Wolf Law Library
at the College of William & Mary.
 
Author
Editor Thomas Farresly
Translator
Published London, In the Savoy: Printed by E. and R. Nutt and R. Gosling, Assigns of Edw. Sayer
Date 1738
Edition
Language English
Volumes volume set
Pages [2], iii, [17], 762, [90]
Desc. Folio

Sir John Holt (1642-1710), an accomplished barrister and ardent supporter of the monarchy, was admitted to Gray's Inn as a nine year old and called to the bar in February 1664, at the age of twenty-two.[1]. An accomplished barrister and ardent supporter of the monarchy, Holt was made sergeant-at-law in 1684 and received a knighthood from James II in 1686. When the king fled London in 1688, Holt became a legal adviser to the House of Lords and was "among those who suggested that James II had abdicated because his departure was a violation—and thus a renunciation—of his trust as king.[2] In 1689, William III appointed Holt chief justice of the King's Bench. In this role, Holt became one of the most influential judges in seventeenth and eighteenth century England. Impressively, Holt exercised this influence through his case reports alone; he never authored a legal treatise. Holt served as Lord Chief Justice of England until his death in 1710.

A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710 provides readers with details regarding the decisions of the cases Holt presided over while holding the office of the Lord Chief Justice of England.[3] Compiled in the alphabetical format typical of abridgments, Holt's Reports includes material from a manuscript written by Thomas Farresley, as well as other sources.[4] As one historian commented, "Holt's rulings contributed significantly to the development of the law of commerce, of corporations, and of public administration ... his opinions ... show his erudition, the neatness of his mind, and the force of his ideas."[5]

Evidence for Inclusion in Wythe's Library

The Brown Bibliography[6] suggests Wythe owned the 1738 edition of A Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710 based on entries in the manuscript copy of John Marshall's commonplace book. Brown also notes that Wythe referenced Holt's Reports in his arguments for Bolling v. Bolling, "But in the opinion, he is not only single as in the other, but contradicted by Sir John Holt whose words pa. 306 are, 'when the obligee makes the obligor his executor, tho' it is a discharge of the action, yet the debt is assets ..."[7]

The Wolf Law Library has not yet added a copy of Holt's Reports.

References

  1. Halliday, Paul D. "Holt, Sir John (1642–1710)," Oxford Dictionary of National Biography (Oxford University Press, 2004- ), accessed February 16, 2015.
  2. Ibid.
  3. Great Britain. Court of King's Bench, Report of All the Cases Determined by Sir John Holt, Knt. from 1688 to 1710, during the Time He was Lord Chief Justice of England (London, In the Savoy: Printed by E. and R. Nutt and R. Gosling, Assigns of Edw. Sayer, 1738), i.
  4. Ibid.
  5. Halliday, "Holt, Sir John (1642-1710).
  6. Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, May, 2012) Microsoft Word file. Earlier edition available at: https://digitalarchive.wm.edu/handle/10288/13433
  7. Bernard Schwartz, Barbara Wilcie Kern, R. B. Bernstein, eds., Thomas Jefferson and Bolling v. Bolling: Law and the Legal Profession in Pres-Revolutionary America (San Marino, CA: The Huntington Library; New York: New York University School of Law, 1997), 333.