Legal learning and the Cambridge university courts, c. 1560–1640
Legal learning and the Cambridge university courts, c. 1560–1640
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法律学习和剑桥大学法院，约 1560 年至 1640 年
DOI：
10.1080/01440361908539565
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发表时间：
1998
影响因子：
0.4
通讯作者：
Alexandra Shepard
中科院分区：
文献类型：
--
作者：
Alexandra Shepard
1626年，法学学士兼三一学院研究员威廉·霍奇金（William Hotchkin）对剑桥大学的芭芭拉·贝尔顿（Barbara Belton）提起了伤害诉讼，指控她诽谤他是她最近出生的孩子的父亲。作为对霍奇金在大学委员会面前的指控的回应，贝尔顿声称，她公开暗示了一个名叫朗霍恩的人，因为他（相当方便地）“临终前说不出话来”，尽管她承认，她也私下里在霍奇金在三一厅的房间里告诉他，他是孩子的父亲。然后，她讲述了她随后在市政厅的市长法庭上接受的审讯，在那里，当她坚持说孩子的父亲是朗霍恩（而不是霍奇金）时，我们被告知：有一个孩子被送来，她不记得他的名字，她说不，霍恩不是孩子的父亲，孩子是在三一学院由一名律师生的，如果证明是个男孩，那就是一名律师。这个故事（顺便说一句，这并不是三一学院男学生遭受的唯一一次亲子关系指控）说明了剑桥大学普遍承认三一学院与法律的关系。案件发生时，被牵连的威廉·霍奇金，已经在大学法庭做监监七年了，显然他在16世纪末17世纪初的剑桥居民中很有名，他们纷纷向校长寻求公正。威廉·霍奇金并不是唯一一位杰出的监考老师。一些研究员和学生参与了大学法庭，在广泛的诉讼中代表市民和大学成员。
In 1626, William Hotchkin, a Bachelor of Law and Fellow of Trinity Hall, brought an action for injury against one Barbara Belton of Cambridge, alleging that she had slanderously accused him of fathering her recently born child. Responding to Hotchkin’s allegations before the Commissary of the University, Belton claimed that she had publicly implicated a man called Longhorne as he (rather conveniently) had been ‘speechlesse uppon his deathbedd’, although she confessed that she had also privately told Hotchkin in his chamber in Trinity Hall that he was the father. She then recounted her subsequent interrogation before the Mayor’s Court in the Town Hall, where, when she insisted that the child’s father was Longhorne (rather than Hotchkin), we are told that: one p [re] sent whose name she remembreth not sayd noe noe Horne is not the father of it, it was begotten at Trinity Hall by a lawyer & yf it prove a boye it shalbe a lawyer. 2This story (which, incidentally, was not the only accusation of paternity suffered by a Trinity Hall man) 3 illustrates the widespread recognition in Cambridge of Trinity Hall’s connection with the law. At the time of this case, the implicated Fellow, William Hotchkin, had been acting as a proctor in the university courts for about seven years, and was obviously well known amongst the Cambridge inhabitants who flocked to the Vice-Chancellor for justice in the late sixteenth and early seventeenth centuries. William Hotchkin was not alone in his prominence as a proctor. Several fellows and students were involved in the university courts, representing both townspeople and members of the university in a broad range of litigation.