Download or read book Law and Records in Medieval England written by Jane E. Sayers and published by Variorum Publishing. This book was released on 1988-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first articles here are concerned with the administration of canon law, the law of the Church, and its application in England in the 12th-15th centuries. At the centre of this law was the Papal court, and Dr Sayers examines how this worked in practice, how cases involving English litigants were dealt with, and by whom. Other articles look at the procedures of the church courts in England, and specific areas of local jurisdiction such as that of monastic archdeacons. In the second group of articles, she turns to records, their compilation, use and retention. Of the texts studied, some relate directly to the church courts, others are privileges or charters. The author seeks to elucidate the diplomatic interest of these documents, and to show how much their study and the study of archives can reveal, whether on the history of a great monastic house, such as the abbey of St Alban, or on the particular significance of a privilege granted to the small leper house of St Giles at Maldon. Additional notes and an extensive index enhance the value of the collection.
Download or read book Divorce in Medieval England written by Sara Margaret Butler and published by Routledge. This book was released on 2013 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility.
Download or read book English Law in the Age of the Black Death 1348 1381 written by Robert C. Palmer and published by Univ of North Carolina Press. This book was released on 2001-02-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black De
Download or read book Torture and the Law of Proof written by John H. Langbein and published by University of Chicago Press. This book was released on 2012-04-24 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
Download or read book The Cambridge Companion to Medieval English Law and Literature written by Candace Barrington and published by Cambridge University Press. This book was released on 2019-08-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.
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 Medieval Women and the Law written by Noël James Menuge and published by Boydell Press. This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal records illuminate womens' use of legal processes, with regard to the making of wills, the age of consent, rights concerning marriage and children, women as traders, etc. Determined and largely successful effort to read behind and alongside legal discourses to discover women's voices and women's feelings. It adds usefully to the wider debate on women's role in medieval society. ENGLISH HISTORICAL REVIEW What is really new here is the ways in which the authors approach the history of the law: they use some decidedly non-legal texts to examine legal history; they bring together historical and literary sources; and they debunk the view that medieval laws had little to say about women or that medieval women had little legal agency. ALBION The legal position of the late medieval woman has been much neglected, and it is this gap which the essays collected here seek to fill. They explore the ways in which women of all ages and stations during the late middle ages (c.1300-c.1500) could legally shift for themselves, and how and where they did so. Particular topics discussed include the making of wills, the age of consent, rights concerning marriage, care, custody and guardianship (with particular emphasis on the rights of a mother attempting to gain custody of her own children within the court system), women as traders, women as criminals, prostitution, the rights of battered women within the courts, the procedures women had to go through to gain legal redress and access, rape, and women within guilds. NOELJAMES MENUGE gained her Ph.D. from the Centre of Medieval Studies at the University of York. Contributors: P.J.P. GOLDBERG, VICTORIA THOMPSON, JENNIFER SMITH, CORDELIA BEATTIE, KATHERINE J. LEWIS, NOEL JAMES MENUGE, CORINNE SAUNDERS, KIM M. PHILLIPS, EMMA HAWKES
Download or read book Credit and Debt in Medieval England c 1180 c 1350 written by Phillipp Schofield and published by Oxbow Books. This book was released on 2002-08-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume look at the mechanics of debt, the legal process, and its economics in early medieval England. Beneath the elevated plane of high politics, affairs of the Crown and international finance of the Middle Ages, lurked huge numbers of credit and debt transactions. The transactions and those who conducted them moved between social and economic worlds; merchants and traders, clerics and Jews, extending and receiving credit to and from their social superiors, equals and inferiors. These papers build upon an established tradition of approaches to the study of credit and debt in the Middle Ages, looking at the wealth of historical material, from registries of debt and legal records, to parliamentary roles and statues, merchant accounts, rents and leases, wills and probates. Four of the six papers in this volume were given at a conference on 'Credit and debt in medieval and early modern England' held in Oxford in 2000. The other two papers draw upon new important postgraduate theses. Contents: Introduction (Phillipp Schofield) ; Aspects of the law of debt, 1189-1307 (Paul Brand) ; Christian and Jewish lending patterns and financial dealings during the twelfth and thirteenth centuries (Robin R. Mundill) ; Some aspects of the business of statutory debt registries, 1283-1307 (Christopher McNall) ; The English parochial clergy as investors and creditors in the first half of the fourteenth century (Pamela Nightingale) ; Access to credit in the medieval English countryside (Phillipp Schofield) ; Creditors and debtors at Oakington, Cottenham and Dry Drayton (Cambridgeshire), 1291-1350 (Chris Briggs) .
Download or read book Expectations of the Law in the Middle Ages written by Anthony Musson and published by Boydell & Brewer. This book was released on 2001 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic examination of the expectations people had of the law in the middle ages.
Download or read book Law in Common written by Tom Johnson and published by Oxford University Press. This book was released on 2019-12-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of 'legal pluralism'. Law in Common provides a way of understanding this complexity by drawing out broader patterns of legal engagement. Tom Johnson first explores four 'local legal cultures'—in the countryside, in forests, in towns and cities, and in the maritime world—that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. Johnson then turns to examine 'common legalities', widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, the volume offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century with, and through, legality.
Download or read book Marriage Litigation in Medieval England written by Helmholz and published by Cambridge University Press. This book was released on 2007-03-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.
Download or read book Felony and the Guilty Mind in Medieval England written by Elizabeth Papp Kamali and published by Cambridge University Press. This book was released on 2019-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Download or read book Sanctuary and Crime in the Middle Ages 400 1500 written by Karl Shoemaker and published by Fordham Univ Press. This book was released on 2011 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --
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 Stolen Women in Medieval England written by Caroline Dunn and published by Cambridge University Press. This book was released on 2013 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive exploration of women's multifaceted experiences of forced and consensual ravishment in medieval England.
Download or read book Treason and Masculinity in Medieval England written by E. Amanda McVitty and published by Boydell & Brewer. This book was released on 2020 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking new approach to the idea of treason in medieval England, showing the profound effect played by gender.
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'.
