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addressed a series of questions to thirty- period of required residence-one year five or forty of the leading law schools or two, as the case may be. One school of the country-all of them North or refuses credit for International Law, West, and all but two requiring a three- Admiralty, and Administrative Law. year course for graduation—and have 5. What, if any, precautions do you received answers from twenty-eight.
from twenty-eight. take to protect your degree against The answers given are not susceptible credits which subsequent tests demonof accurate tabulation, but are very strate should not have been allowed ? nearly so. The questions asked and the Ans. Review or degree examinations summary of the answers given are as on the whole course are required by follows:
five. The question is said to be prop1. Do you allow credit for work suc- erly and carefully considered and finally cessfully completed in other Law determined when the advance standing Schools, and, if so, what is the test for is accorded by two, the credits would an accredited school?
be withdrawn by three, and ten have eiAns. Twenty allow such credit; eight ther had no occasion to consider the do not. Of the twenty allowing credit question or have not determined upon the test applied by seven is membership any precautions. in the Association of American Law A review of the answers discloses the Schools, seven make special investiga- fact that all allow "advanced standing" tions, and the remaining six either do -that is, diminish the period of resinot answer the question, or apply no dence which would be otherwise requirspecial test.
ed; more than two-thirds allow credit 2. What limit, if any, is placed on the for work successfully completed at othnumber of subjects for which credit is er law schools; and there is a lack of allowed to an applicant for a degree? harmony as to the tests of an accred
Ans. Twelve credit subjects of first ited school and as to precautions taken two years of their course, three subjects to protect the degree against ill-advised of first year only, one subjects of first credits. year and a half, two fix no limit, and A degree represents the minimum two are not classified.
standard of proficiency required by the 3. What is the minimum of residence school conferring it, and hence that required of an applicant for a degree, school is interested to see that no one and what the minimum of work requir- obtains it who does not measure up to ed during that time ?
that standard. This fact it cannot know Ans. Twenty require a minimum res- with certainty if any portion of its work idence of one year, seven require a min- is intrusted to others; but it may have imum of two years, and one fixes no assurances such as we act upon in all limit. The amount of work varies con- of the other business affairs of life sufsiderably, but the general range is from ficient to justify it in the belief that ten to fifteen hours of lectures per week. courses given by a sister institution are
4. Are there any subjects which you at least equal to its own. If this be the refuse to credit? If so, what?
fact, then, from the mere standpoint of Ans. The answers to this question protecting the degree, there can be no have been too general to admit of exact impropriety in allowing the credit. The classification, but generally credit is re- difficulty lies in the nature of the "asfused for the subjects taught during the surances” required to "justify the belief." Upon this point, outside of those We regret that one other question schools which apply the test of mem- was not asked, so that we might have bership in the Association of American had the light of experience on the subLaw Schools, no fixed standard has ject: What has been the result of your been erected, and each school decides credit system? Has it worked well or for itself upon such evidence as it deems ill? Unanimity on this subject should sufficient, in the exercise of its inde- determine its future status; but we have pendent judgment. Probably no other not the answers. In the absence of inor better standard can be fixed.
formation from others, we may give as Whether credits should be allowed at the result of two years' experience at all or not is a subject upon which much Washington and Lee University that may be said on both sides. A student the danger to the University has been who has taken a part of his course in more imaginary than real, and the benone school may be unable to complete efit to the student more illusory than his course on account of his health, or substantial. In the class of 1906, some the change of residence of his parents, six or eight students were allowed conor because he wishes a special course ditional credits for work done elsein the local law of the state in which he
where; but only one graduated. He intends to locate, or because he wishes
was accredited to the Yale Law School. to take particular course under some
In the class of 1907, eight were allowed professor especially distinguished along credits; but only one graduated. He that line, or for other reasons equally
was accredited in part to the Detroit as good. In such cases it would seem
College of Law and in part to the Unithat credits should be transferred under
versity of Michigan. All of the others such restrictions as will properly safe
who applied for graduation failed on guard the degree of the school conferring it; but the system of credits should subjects not credited, except one, who not be made attractive for the purpose
withdrew on account of ill health. It is of increasing numbers, or inducing proper to say, however, that of those changes. Whatever may be the views
credited in 1907 only four applied for
The others are in the of others as to the propriety of allow- graduation. ing credits for work done in other graduating class of 1908. schools, twenty out of the twenty-eight
In conclusion, we beg to extend our law schools above mentioned have an- thanks to the Deans of the several law swered in a practical way that such schools for their prompt answers to our credits should be allowed.
Sir Thomas Littleton.*
write a good book is one of the Conditionalibus. The reader was the
surest roads to immortality in the most important man of the Inn next law. Certainly it is to his book on Ten- after the Treasurer, and he had the ures that Sir Thomas Littleton owes right to hang his escutcheon or coat of his fame. Had he never written it he arms on the wall of the hall of the Inn. would be remembered only as the pro- That Littleton was reader is borne out genitor of a distinguished family—if he by the fact that his escutcheon is the were remembered at all.
earliest there. We learn from the preface of Coke's In the year 1445 he must have been first Institute that Littleton came "of an advocate of repute, for it appears an ancient and fair descended family,” from the Paston Letters that a suitor his father being Thomas Westcote, of petitioned the Lord Chancellor to asWestcote near Barnstaple, according to sign him as counsel in certain proceedFoss; his mother, Elizabeth de Little- ings against the widow of Judge Paston, whose family took their name from ton, whom none of the "men of the Littleton, or Lyttleton, in Worcester- law” were willing to oppose. From this shire. Being heiress to great estates, it would seem, says Foss, that his pracand desiring to perpetuate the name of tice was at that time principally in the her family, his mother stipulated before Court of Chancery, which may perhaps marriage that her child, or children, account for the infrequent occurrence of who should inherit her estates, should his name in the Year Books, in which take her name, and so Thomas, the eld- chancery cases are seldom recorded. est of a family of eight children-four In 1450 he was Recorder of Coven
and four daughters--became try, and, representing the mayor and Thomas Littleton, or Lyttleton, and corporation, he presented Henry VI, bore the Littleton arms-argent, a when he visited the city on the 21st of chevron between three escallop shells, September, with a tun of wine and sable.
twenty fat oxen, for which, and for his He was born at the family seat at "good rule and demene," he received Frankley, in Worcestershire. The date
the royal thanks. of his birth is given in the “Dictionary It is also recorded that in the 30th of National Biography" as 1402, on year of Henry VI (1452), one Sir Wilwhat evidence does not appear. Where liam Trussell granted him the manor of he received his early education we know Sheriff Hales, in Staffordshire, for his not, but we have Coke's authority that
life, “pro bono et notabili consilio." he became a member of the Inner Tem
He was made a serjeant at law on the ple, that he was appointed "reader," and
2d of July, 1453, and about the same that the subject of his lecture was the time was appointed steward, or judge, Statute of Westminster II., De Donis
of the Court of the Palace, or Marshal
sea of the King's Household. Two *From "Famous Lawyers,” in Law Notes (English).
years later, on the 13th of May, 1455,
he received a patent as king's serjeant, “Statute Merchant and Staple" after in which capacity he went the northern the title "Warranty," which ends the circuit as judge of assize.
book. This appears doubtful, however, In the first Parliament of Edward IV, if the "Epilogue" appended to some of which was summoned in 1461, he was the editions is genuine. named as an arbitrator in a difference Coke also thought that the book was between the Bishop of Winchester and never printed during the author's lifehis tenants, and it appears from the time; but this, too, is a matter of conPaston Letters that two years later he troversy. It is certain that it was one was in personal attendance on the King of the first books printed in England. with the two Chief Justices on one of It is evident that it very soon became the royal progresses.
a work of great repute among lawyers. On the 17th of April, 1466, he was ap- Coke, whose commentary on it greatly pointed a judge of the Court of Com- increased its fame, had the most exmon Pleas, and continued to hold the travagant admiration for it. He calls office for the remainder of his life, not- it “the most perfect and absolute work withstanding the civil commotions of that ever was written in any humane the time, enjoying the confidence, it science." would seem, of both Edward IV and It consists of three books-the first Henry VI as they alternately occupied, dealing with the various estates in land or were driven from, the throne.
known to the English law, the second In the fifteenth year of Edward IV with tenures and their incidents, and (1475) he was, amongst others, created the third with miscellaneous matters. a knight of the Order of the Bath. There is not much skill shown in the
He married Joan, one of the daugh- arrangement or analysis of the subject, ters and co-heirs of Sir William Burley, but it exhibits a complete grasp of the of Bromscroft Castle, Shropshire, and law, and its style is a model of lucidity widow of Sir Philip Chetwynd, of Ing- and simplicity. estre, in Staffordshire, whose great pos- Mr. J. M. Rigg, in the "Dictionary of sessions went to swell his already ample National Biography," says that probapatrimony. By her he had two daugh- bly no legal treatise ever combined so ters, who died unmarried, and three much of the substance with so little sons, William, Richard and Thomas. of the show of learning, or so happily
It was for the instruction of his sec- avoided pedantic formalism without ond son, himself an eminent lawyer in forfeiting precision of statement. the reigns of Henry VII and Henry It is scarcely necessary to remind the VIII, that he wrote his famous book, law student that, aided by Coke's comand to him it is addressed. It was writ- mentary, it is the source of a great part ten in law-French, but Coke made or of our law of real property. For Litadopted an English translation, and tleton's Tenures is a book of authority most of the modern editions are in that —what he says is the law. form. Coke thought that Littleton Yet the author was modest enough composed it after the fourteenth year of himself about his performance. "And Edward IV (1474-1475), and that he know, my son," he writes in his Epileft it unfinished, since the table of con- logue, “that I would not have thee betents of an early printed edition contain- lieve that all which I have said in these ed the titles "Tenant by Elegit" and books is law, for I will not presume to
take this upon me. But of those things John Alcocke, Doctor of Law of the that are not law inquire and learn of my famous University of Cambridge, then wise masters learned in the law. Not- Bishop of Worcester (a man of singular withstanding albeit that certain things piety, devotion, charity, temperance, which are moved and specified in the and holiness of life) who, amongst othsaid books are not altogether law, yet er of his charitable works, founded such thing shall make thee more apt Jesus College in Cambridge, a fit and and able to understand, and apprehend fast friend to our honourable and virtuthe arguments and reasons of the law, ous judge.” etc. For by arguments and reasons in No less than three peerages have been the law a man more sooner shall come conferred on his descendants, namely, to the certainty and knowledge of the those of Lyttleton of Frankley (now law."
united with that of Cobham), granted Littleton died where he was born, at to a descendant of his eldest son, WilFrankley, on the 23d of August, 1481, liam; Hatherton, granted to a descendand was buried in Worcester Cathedral. ant of his second son, Richard; and
His will is dated the day previous. To Lyttleton of Munslow, now extinct, quote from Coke, "he made his three granted to a descendant of his third sons, a parson, a vicar, and a servant son, Thomas; while a fourth, that of of his executors, and constituted super- Lilford, is held by a descendant through visor thereof his true and faithful friend the female line.
Notes and Personals.
There is something especially delightful in the dramatic effect of a story when the youthful minister or the curled dandy who may happen to be the hero suddenly meets and conquers the bully on his own ground. There is a sort of poetic justice in it, which has enough novelty to be surprising and enough equity to be satisfying.
Sometimes a judge who is not too much weighed down by the dignities and conventions of his office finds an opportunity to administer justice along this line. A case was reported some time ago in which a "Christian Scientist," who had been arraigned for practicing without a license, defended himself by quoting Scripture as his authority for healing. The learned judge proved himself a Daniel come to judgment by pushing aside the statutes for such cases made and provided, and overwhelming the defendant with well-chosen texts from Holy Writ, which served the purpose of supporting the judgment of the court equally well.
In Oharles J. Darling's clever book, "Scintillæ Juris," we find the following account of a judgment delivered by a learned judge in Thimblerig v. Hookey:
This action was brought to recover damages for having been called a villain-and the plaintiff alleges, somewhat boldly as I think, that on that account his friends have deserted him. But I hope I may be allowed to say that, in my humble opinion, such of his acquaintances as I had the advantage of seeing, when they came as witnesses at the trial, would rather cease to associate with the plaintiff if they thought he did not deserve the title the defendant had bestowed upon him than if they believed he did; and besides, I think-I speak for myself—I think it can be no loss to any man, but rather a distinct gain, to be deprived of the consort of such friends as the plaintiff appears to have been-ahem!-blessed with.
As to the term villain or villein-for it nowhere is shown which spelling the defendant intended-let us consider whether, as applied to the plaintiff, it is a defamatory word or not.
A villein, if I have not forgotten my Oxford learning, was one who did odd jobs--and so does the plaintiff, very. A villein carried food to the pigs--but the plaintiff is a tout, and supplies sporting intelligence. The villein was dependent on a lord, and was his ‘man'-the plaintiff hangs on to several noble peers, yet I hardly call him a man—'Homo sum: humani nihil a me alienum puto;' but as to what I think of the plaintiff-well, I say nothing.
But, to put a perhaps somewhat extravagant hypothesis, even if the plaintiff be not a villain, I cannot see evidence that the defendant called