Download or read book Criminal inquisitorial Trials in English Church Courts written by Henry Ansgar Kelly and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants"--

Download or read book Criminal Inquisitorial Trials in English Church Courts written by Henry Ansgar Kelly and published by CUA Press. This book was released on 2023 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England's first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses?like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More's chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.

Download or read book Inquisitions and Other Trial Procedures in the Medieval West written by Henry Ansgar Kelly and published by Variorum Publishing. This book was released on 2001-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inquisition was the new form of criminal procedure that was developed by the lawyer - Pope Innocent III and given definitive form at the Fourth Lateran Council in 1215. It has since developed a notoriety which has obscured the reality of the procedure. In contrast to the old Roman system of relying on volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused or ignored, but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to local church courts, while on the secular side native procedures developed, most notably the jury. Private accusers, however, were still to be seen, illustrated here in the studies on appeals of sexual rape.

Download or read book Judicial Tribunals in England and Europe 1200 1700 written by Maureen Mulholland and published by Manchester University Press. This book was released on 2003-06-28 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available in paperback for the first time, this book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. Chapters consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time.

Download or read book Judicial tribunals in England and Europe 1200 1700 written by Maureen Mulholland and published by Manchester University Press. This book was released on 2018-07-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. Chapters consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time.

Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

Download or read book The Trial of Jan Hus written by Thomas A. Fudge and published by Oxford University Press. This book was released on 2013-04-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six hundred years ago, the Czech priest Jan Hus (1371-1415) traveled out of Bohemia, never to return. After a five-year legal ordeal that took place in Prague, in the papal curia, and finally in southern Germany, the case of Jan Hus was heard by one of the largest and most magnificent church gatherings in medieval history: the Council of Constance. Before a huge audience, Hus was burned alive as a stubborn and disobedient heretic. His trial sparked intense reactions and opinions ranging from satisfaction to accusations of judicial murder. Thomas A. Fudge offers the first English-language examination of the indictment, relevant canon law, and questions of procedural legality. In the modern world, there is instinctive sympathy for a man burned alive for his convictions, and it is presumed that any court that sanctioned such an action must have been irregular. Was Hus guilty of heresy? Were his doctrinal convictions contrary to established ideas espoused by the Latin Church? Was his trial legal? Despite its historical significance and the controversy it provoked, the trial of Jan Hus has never before been the subject of a thorough legal analysis or assessed against prevailing canonical legislation and procedural law in the later Middle Ages. The Trial of Jan Hus shows how this popular and successful priest became a criminal suspect and a convicted felon, and why he was publicly executed, providing critical insight into what may have been the most significant heresy trial of the Middle Ages.

Download or read book Historical Trials written by Sir John Macdonell and published by Oxford : Clarendon Press. This book was released on 1927 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The subject-matter of this volume consists of lectures given ... at University College, London, in the years 1911-13."--p. [xv].

Download or read book The Civil Law Tradition 3rd Edition written by John Henry Merryman and published by Stanford University Press. This book was released on 2007-05-21 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.

Download or read book The Criminal Trial in Later Medieval England written by John G. Bellamy and published by University of Toronto Press. This book was released on 1998-01-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the first full-length study of the English criminal trial in a crucial period of its development (1300-1550). Based on prime source material, The Criminal Trial in Later Medieval England uses legal treatises, contemporary reports of instructive cases, chancery rolls, state papers and court files and rolls to reconstruct the criminal trial in the later medieval and early Tudor periods. There is particular emphasis on the accusation process (studied in depth here for the first time, showing how it was, in effect, a trial within a trial); the discovery of a veritable revolution in conviction rates between the early fifteenth century and the later sixteenth (why this revolution occurred is explained in detail); the nature and scope of the most prevalent types of felony in the period; and the startling contrast between the conviction rate and the frequency of actual punishment. The role of victims, witnesses, evidence, jurors, justices and investigative techniques are analysed. John Bellamy is one of the foremost scholars in the field of English criminal justice and in The Criminal Trial in Later Medieval England gives a masterful account of what the medieval legal process involved. He guides the reader carefully through the maze of disputed and controversial issues, and makes clear to the non-specialist why these disputes exist and what their importance is for a fuller understanding of medieval criminal law. Those with a special interest in medieval law, as well as all those interested in how society deals with crime, will appreciate Professor Bellamy's clarity and wisdom and his careful blend of critical overview and new insights.

Download or read book Narratives from Criminal Trials in Scotland written by John Hill Burton and published by London : Chapman and Hall. This book was released on 1852 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Palladium of Justice written by Leonard Williams Levy and published by Ivan R. Dee Publisher. This book was released on 2000 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy skillfully traces the development of trial by jury.

Download or read book The Culture of Inquisition in Medieval England written by Mary Catherine Flannery and published by D. S. Brewer. This book was released on 2013 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking essays show the variety and complexity of the roles played by inquisition in medieval England. Inquisition in medieval and early modern England has typically been the subject of historical rather than cultural investigation, and focussed on heresy. Here, however, inquisition is revealed as playing a broader role in medievalEnglish culture, not only in relation to sanctions like excommunication, penance and confession, but also in the fields of exemplarity, rhetoric and poetry. Beyond its specific legal and pastoral applications, inquisitio was a dialogic mode of inquiry, a means of discerning, producing or rewriting truth, and an often adversarial form of invention and literary authority. The essays in this volume cover such topics as the theory and practice ofcanon law, heresy and its prosecution, Middle English pastoralia, political writing and romance. As a result, the collection redefines the nature of inquisition's role within both medieval law and culture, and demonstrates the extent to which it penetrated the late-medieval consciousness, shaping public fame and private selves, sexuality and gender, rhetoric, and literature. Mary C. Flannery is a lecturer in English at the University of Lausanne; Katie L. Walter is a lecturer in English at the University of Sussex. Contributors: Mary C. Flannery, Katie L. Walter, Henry Ansgar Kelly, Edwin Craun, Ian Forrest, Diane Vincent, Jenny Lee, James Wade, Genelle Gertz, Ruth Ahnert, Emily Steiner

Download or read book American Criminal Trials written by Peleg W. Chandler and published by . This book was released on 1841 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Conflicts Confessions and Contracts written by Elizabeth Hardman and published by BRILL. This book was released on 2016-09-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elizabeth Hardman uses notarial records from the 1480s to explore the nature of criminal and civil justice at the bishop’s court of Carpentras and compare it to other secular and ecclesiastical courts.

Download or read book Judging Faith Punishing Sin written by Charles H. Parker and published by Cambridge University Press. This book was released on 2017-03-24 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comparative analysis of Catholic inquisitions and Calvinist consistories in the great Christian age of reformation.

Download or read book Judging the French Reformation written by E. William Monter and published by Harvard University Press. This book was released on 1999 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original look at the French Reformation pits immovable object--the French appellate courts or parlements--against irresistible force--the most dynamic forms of the Protestant Reformation. Without the slightest hesitation, the high courts of Renaissance France opposed these religious innovators. By 1540, the French monarchy had largely removed the prosecution of heresy from ecclesiastical courts and handed it to the parlements. Heresy trials and executions escalated dramatically. But within twenty years, the irresistible force had overcome the immovable object: the prosecution of Protestant heresy, by then unworkable, was abandoned by French appellate courts. Until now no one has investigated systematically the judicial history of the French Reformation. William Monter has examined the myriad encounters between Protestants and judges in French parlements, extracting information from abundant but unindexed registers of official criminal decisions both in Paris and in provincial capitals, and identifying more than 425 prisoners condemned to death for heresy by French courts between 1523 and 1560. He notes the ways in which Protestants resisted the French judicial system even before the religious wars, and sets their story within the context of heresy prosecutions elsewhere in Reformation Europe, and within the long-term history of French criminal justice.