Ockham on Trusts
Christopher B. Gray
OCKHAM ON TRUSTS The medieval English friars used goods by means of a distinctive legal instrument, namely, the use. This is different from their continental brothers' means, tools ofcivilian law, although it depended upon civilian court chancery for enforcement. were first to employ uses in widespread manner.1 But this was developed into common law's most significant contribution holding property, trust. Given that ofthe thirteenth century recognized both as observant brethren, and also scholarly,2 would be surprising if these characteristics apart. One expect poor holdings grist learned philosophy, since property served more than anything else norm group identity. No explanation needed occuring. explain why did not, such case, require torturous indirection locate denial, defensiveness or shame which turned friars' attention off themselves . Such diffidence not one faults. Did they attend employment trust? trust properly so called, use use, does appear until sixteenth century, then response Crown's remedies losses revenue brought about. course En1 F. W. Maitland, Collected Papers, ed. H. A. L. Fisher (Cambridge UP, 1911) 408; Pollock History ofEnglish Law Before Time Edward 1 2 1923) 231. Thomas de Eccleston Liber adventu minorum Angliam (c.1260), Monumentafranciscana, vol. Rerum britanicarum medii aevi scriptores J. S. Breuer (London: Longman, 1858). 142CHRISTOPHER B. GRAY glish fame observance scholarship had passed, anyway. In fourteenth centuries, however, with we are concerned, Adam Marsh, Robert Grosseteste, Alexander Hales, John Pecham Roger Bacon can expected reflect norms well moral philosophies defences poverty. Curiously, seem have occurred. Less surprise occasioned fact Bonaventure reflecting on tools, even Duns Scotus who experienced them later Scots' tools. any overt reflection hard find Ockham where it, being born bred plunged law other hand. Since no explicit discussion has been found Ockham, only way develop framework plausibility initial expectation examine state ofdevelopment reached time Ockham. By seeing whence come, tested whether could led Ockham's understanding property. And whither going, moved along Even case made way, remains conjectural order approach demonstrativeness, explanations thinking development must set aside. each already explained terms factors; demonstration an unlikely goal. What might bring closer awareness part superiors patrons transactions undertaking understood akin those friarphilosophers using. More at end. origins perspicuous because, side, derived non-English models and, other, great evidence instrument. Its homegrown nature its pride frustration. arrangement whereby transferred person second...
Franciscan studies