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Of the sixty-two provisions in the Magna Carta of 1215 only four have survived on the statute books today. One of these is the celebrated article 39 with its sibling article 52, which have become the fount of inspiration for the doctrine of due process that has received great attention in Anglo-American law. In this chapter, however, I shall leave to the expertise of the lawyers the subsequent development of due process downstream from Magna Carta where it evolved into trial by jury. As a medieval historian I shall limit myself to exploring its sources upstream chiefly in three streams, flowing from English law, canon law and the personal contributions of Archbishop Stephen Langton. This exploration contains little that will surprise experts familiar with the subject but will serve my particular purpose to highlight the contributions of Langton. Article 39 of Magna Carta states:
No free man (nullus liber homo) shall be taken or imprisoned or disseised or outlawed or exiled or in any way ruined, nor will we go or send against him, except by the lawful judgement of his peers or by the law of the land (nisi per legale judicium parium suorum vel per legem terre).
Article 52 applies the principle to the immediate situation:
If anyone has been disseised or deprived by us without lawful judgment of his peers (sine legali judicio parium suorum) of lands castles, liberties or his rights we will restore them to him at once …
The article then proceeds to apply the remedy to the disseisins of Kings Henry II and Richard as well and to entrust its ultimate enforcement to the judgment of the twenty-five barons as instituted by the barons in Magna Carta (article 61).
Due process may be defined as ‘the course of legal proceedings established by the legal system … to protect individual rights’. As defined here, the principle of due process is, in fact, a commonplace in jurisprudence, perhaps even a tautology, that is, the confusion of cause and effect.
Peter the Chanter (d. 1197) was arguably the foremost theologian at the Paris of his day. Envisaging the house of theology as composed of lecturing, disputing and preaching, he himself was the first to compose lectiones on all the books of the Bible; his questiones were collected in a large Summa de sacramentis; and although few of his sermons have survived, he wrote a popular manual of moral theology for preachers, the Verbum abbreviatum (VA), that has survived in nearly a hundred manuscripts across western Europe. The VA was the first of the Chanter's works to be published, in 1639 by the Belgian monk Georges Galopin in a serviceable edition from three northern French manuscripts. It was given wide circulation when abbé Migne republished it in the Patrologia Latina in 1855. In 1905 Camille Miroux was the first to recognise that the VA had survived in two versions, a long one in six manuscripts and a short one in at least forty manuscripts that became the vulgate version and was that edited by Galopin. In a Handschrift Reise in 1959 I examined seventy-three of the eighty-five manuscripts known to me and published my findings, classifications and conclusions in Masters, princes and merchants. Galopin had also found a fragment of the long version which he published as an appendix to his own edition. Although it is futile to determine how many have consulted this fragment in Migne's reprint, to my knowledge I am the only one who has printed extracts from the complete long version.
Escherichia coli O157 infections cause an estimated 60 deaths and 73000 illnesses annually in the United States. A marked summer peak in incidence is largely unexplained. We investigated an outbreak of E. coli O157 infections at an agricultural fair in Ohio and implicated consumption of beverages made with fairground water and sold by a geographically localized group of vendors who were all on the same branch of the fairground water distribution system. To examine county fair attendance as a risk factor for infection, we conducted two further epidemiological studies. In the first, we enhanced surveillance for E. coli O157 infections in 15 Northeast Ohio counties during the 2000 agricultural fair season and showed increased risk of E. coli O157 infection among fair attendees. In the second study, we examined Ohio Public Health Laboratory Information Service (PHLIS) data for 1999 using a time-varying covariate proportional hazards model and demonstrated an association between agricultural fairs and E. coli O157 infections, by county. Agricultural fair attendance is a risk factor for E. coli O157 infection in the United States and may contribute to the summer peak in incidence. Measures are needed to reduce transmission of enteric pathogens at agricultural fairs.
La fin du XIIe siècle constitue un point culminant dans le développement du tournoi, véritable mise en scène des exploits de la chevalerie. Depuis le XIe siècle, date de son « invention » supposée dans le Maine par un certain Geoffroy de Preuilly, il s'était répandu dans la France septentrionale puis dans tout l'Occident chrétien. Autour de 1200, un ensemble exceptionnellement riche de sources éclaire son déroulement. Comme les tournois avaient été proscrits dès 1130 par les autorités ecclésiastiques, les clercs étaient peu disposés à en décrire tout le déroulement dans leurs chroniques. Ainsi Gislebert de Mons, chancelier du comte Baudouin V de Hainaut, énumère treize tournois auxquels Baudouin participa. Depuis son adoubement en 1168 jusqu'à la grande assemblée de Mayence en 1184, il participa activement à des tournois dans la vallée du Rhin et dans le nord-est de la France, mais le chroniqueur est avare en détails sur leur déroulement. Les comptes rendus les plus complets furent écrits en langue vernaculaire, et non en latin, pour le plaisir des classes aristocratiques qui parrainaient ces pratiques.
Large numbers of black flies, mostly Simulium venustum Say, were labelled as larvae with 32P and released in rapids in the Chalk River near the village of Chalk River, Ont., to complete development and disperse as adults. Flies were trapped over a 900 square mile area for 3 months after the release, and radioactive flies from the traps were identified at CRNL by means of an autoradiographic technique. The distance travelled by the flies could be described by a normal distribution curve, with the average migration between 5.8 to 8.2 miles. A few individuals were trapped at a distance of 22 miles 2 days after emergence, and some crossed the Ottawa River which is at least a mile wide at the point nearest the release area. Some traps caught very high numbers of radioactive flies, one at about 6 miles from the release center accounting for more than 1300 tagged flies. The traps giving the highest number of tagged flies (e.g., > 100) were clustered in two distinctive areas, one west and one large area south of the release point. The results indicate that control measures should be applied to black fly streams at least 10 miles from critical areas such as towns.
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