Download or read book Power and Justice in Medieval England written by Joshua C. Tate and published by Yale University Press. This book was released on 2022-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.
Download or read book Power and Justice in Medieval England written by Joshua C. Tate and published by Yale University Press. This book was released on 2022-04-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy—an “advowson”—was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy—which was a type of property—at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.
Download or read book Medieval Justice written by Hunt Janin and published by McFarland. This book was released on 2009-10-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: A primer on medieval justice, this book focuses on France, Germany and England and covers the thousand years between the transformation of the Roman world in Western Europe, which took place around the 4th and 5th centuries, and the European Renaissance of the 14th and 15th centuries. It highlights key elements in the intricate, overlapping legal systems of the Middle Ages and describes a wide range of contemporary laws and cases. A discussion of the modern legacies of medieval law is included, as are a brief overview of the Inquisition, the 27 articles of Joan of Arc and useful commentary on many other topics. Illustrations range from the earliest known depictions of English courts and illuminations of torture to pictures of important sites, events, and instruments of punishment in medieval law.
Download or read book Kingship Law and Society written by Edward Powell and published by Oxford University Press. This book was released on 1989-12-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book breaks new ground in the study of crime and law enforcement in late medieval England using the reign of Henry V as a detailed case study. Dr Powell considers the subject on three levels: legal theory - academic, governmental, and popular thinking about the nature of law; legal machinery - the framework of courts and their procedures; and legal practice - the enforcement of the law in the reign of Henry V. There exists at present no other work devoted to setting the legal system of this period in its social and political context. Rejecting the traditional view of late medieval England as chronically lawless and violent, Dr Powell emphasizes instead the structural constraints on royal power to enforce the law, and the King's dependence on the co-operation of local society for the maintenance of his peace. Public order relied less on the coercive powers of the courts than the art of political management and the use of procedures for conciliation and arbitration at local level.
Download or read book Medieval Law and the Foundations of the State written by Alan Harding and published by OUP Oxford. This book was released on 2002-01-03 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.
Download or read book Law Governance and Justice written by and published by BRILL. This book was released on 2013-01-14 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.
Download or read book War Justice and Public Order written by Richard W. Kaeuper and published by . This book was released on 1988 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of two topics of central importance in late medieval history: the impact of war, and the control of disorder. Making war and making law were the twin goals of the state, and the author examines the effect of the evolution of royal government in England and France. Ranging broadly between 1000 and 1400, he focuses principally on the period c.1290 to c.1360, and compares developments in the two countries in four related areas: the economic and political costs of war; the development of royal justice; the crown's attempt to control private violence; and the relationship between public opinion and government action. He argues that as France suffered near breakdown under repeated English invasions, the authority of the crown became more acceptable to the internal warring factions; whereas the English monarchy, unable to meet the expectations for internal order which arose partly from its own ambitious claims to be 'keeper of the peace', had to devolve much of its judicial powers. In these linked problems of war, justice, and public order may lie the origins of English 'constitutionalism' and French 'absolutism'.
Download or read book The Evolution of English Justice written by Anthony Musson and published by Red Globe Press. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a lucid and approachable reassessment of the various political, economic and social pressures on the development of English justice in the fourteenth century. It suggests the best ways by which students can understand the different historical debates and schools of thought. Crucially, it stresses that the law did not simply react to external shocks, but was capable of developing from within, responding to the needs of a fast-changing and increasingly litigious society. Further, it questions the notion that royal justice underwent a crisis in the fourteenth century (a key theme for students of late medieval England), and offers new insights into the power structure and political culture of the reigns of Edward II, Edward III and Richard II.
Download or read book Law and Government in Medieval England and Normandy written by George Garnett and published by Cambridge University Press. This book was released on 1994-04-28 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important set of historical essays on England and Normandy from the tenth to the thirteenth century.
Download or read book Aspects of Power and Authority in the Middle Ages written by Brenda Bolton and published by Brepols Publishers. This book was released on 2007 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts of power and authority and the relationship between them were fundamental to many aspects of medieval society. The essays in this collection present a series of case studies that range widely, both chronologically and geographically, from Lombard Italy to early-modern Iberia and from Anglo-Saxon, Norman, and later-medieval England to twelfth-century France and the lands beyond the Elbe in the conversion period. While some papers deal with traditional royal, princely and ecclesiastical authority, they do so in new ways. Others examine groups and aspects less obviously connected to power and authority, such as the networks of influence centring on royal women or powerful ecclesiastics, the power relationships revealed in Anglo-Saxon and Old-Norse literature or the influence that might be exercised by needy crusaders, by Jews with the ability to advance loans or by parish priests on the basis of their local connections. An important section discusses the power of the written word, whether papal bulls, collections of miracle stories, or the documents produced in lawsuits. The papers in this volume demonstrate the variety and multiplicity of both power and authority and the many ways by which individuals exercised influence and exerted a claim to be heard and respected.
Download or read book Crime Law and Society in the Later Middle Ages written by and published by Manchester University Press. This book was released on 2013-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.
Download or read book Harnessing the Power of the Criminal Corpse written by Sarah Tarlow and published by Springer. This book was released on 2018-05-17 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.
Download or read book Justice and Grace written by Gwilym Dodd and published by OUP Oxford. This book was released on 2007-07-26 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focussing on the key role of the English medieval parliament in hearing and determining the requests of the king's subjects, this ground-breaking new study examines the private petition and its place in the late medieval English parliament (c.1270-1450). Until now, historians have focussed on the political and financial significance of the English medieval parliament; this book offers an important re-evaluation placing the emphasis on parliament as a crucial element in the provision of royal government and justice. It looks at the nature of medieval petitioning, how requests were written and how and why petitioners sought redress specifically in parliament. It also sheds new light on the concept of royal grace and its practical application to parliamentary petitions that required the king's personal intervention. The book traces the development of private petitioning over a period of almost two hundred years, from a point when parliament was essentially an instrument of royal administration, to one where it was self-consciously dispatching petitions as the highest court of the land. Gwilym Dodd considers not only the detail of the petitionary process, but also broader questions about the government of late medieval England. His conclusions contribute to our understanding of the nature of medieval monarchy, and its ability (or willingness) to address local difficulties, as well as the nature of local society, and the problems that faced individuals and communities in medieval society.
Download or read book Government and Political Life in England and France C 1300 c 1500 written by Christopher David Fletcher and published by . This book was released on 2015 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the kings of England and France govern their kingdoms? This volume, the product of a ten-year international project, brings together specialists in late medieval England and France to explore the multiple mechanisms by which monarchs exercised their power in the final centuries of the Middle Ages. Collaborative chapters, mostly co-written by experts on each kingdom, cover topics ranging from courts, military networks and public finance; office, justice and the men of the church; to political representation, petitioning, cultural conceptions of political society; and the role of those excluded from formal involvement in politics. The result is a richly detailed and innovative comparison of the nature of government and political life, seen from the point of view of how the king ruled his kingdom, but bringing to bear the methods of social, cultural and economic history to understand the underlying armature of royal power.
Download or read book Government and Political Life in England and France C 1300 c 1500 written by Christopher David Fletcher and published by . This book was released on 2015 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the kings of England and France govern their kingdoms? This volume, the product of a ten-year international project, brings together specialists in late medieval England and France to explore the multiple mechanisms by which monarchs exercised their power in the final centuries of the Middle Ages. Collaborative chapters, mostly co-written by experts on each kingdom, cover topics ranging from courts, military networks and public finance; office, justice and the men of the church; to political representation, petitioning, cultural conceptions of political society; and the role of those excluded from formal involvement in politics. The result is a richly detailed and innovative comparison of the nature of government and political life, seen from the point of view of how the king ruled his kingdom, but bringing to bear the methods of social, cultural and economic history to understand the underlying armature of royal power.
Download or read book Maintenance in Medieval England written by Jonathan Rose and published by Cambridge University Press. This book was released on 2017-06-22 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.
Download or read book Piety Power and History in Medieval England and Normandy written by Marjorie Chibnall and published by Variorum Publishing. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The studies in this volume are broadly concerned with ecclesiastical history as envisaged in the work of Orderic Vitalis - the history of society and culture, comprising the life and activities of lay men and women in war and peace no less than those of monks and clerks, with a special emphasis on monasteries in the Anglo-Saxon world. Some enlarge directly on Orderic's work; others deal with aspects of the life of the Empress Matilda, and with St Anselm and Bec-Hellouin. The underlying themes, in addition to history as written by both monks and secular clerks and its sources in chronicles and charters are piety (including the mixed motives of monastic patrons) and power in both church and state and the conflicts these engendered. It has been said that the history of mediaeval power is to be sought in its microcosms; these studies look closely at some of the microcosms.
