Law and Society in Later Medieval England and Ireland

Law and Society in Later Medieval England and Ireland
Author: Travis R. Baker
Publisher: Routledge
Total Pages: 290
Release: 2017-09-22
Genre: History
ISBN: 1317107764

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Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.

Crime, Law and Society in the Later Middle Ages

Crime, Law and Society in the Later Middle Ages
Author:
Publisher: Manchester University Press
Total Pages: 304
Release: 2013-01-01
Genre: History
ISBN: 1526112833

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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.

Law in Common

Law in Common
Author: Tom Johnson
Publisher: Oxford University Press
Total Pages: 339
Release: 2019-12-12
Genre: History
ISBN: 019108848X

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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.

Law, Marriage, and Society in the Later Middle Ages

Law, Marriage, and Society in the Later Middle Ages
Author: Charles Donahue, Jr.
Publisher: Cambridge University Press
Total Pages: 15
Release: 2008-03-17
Genre: History
ISBN: 113946843X

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This is a study of marriage litigation (with some reference to sexual offenses) in the archiepiscopal court of York (1300–1500) and the episcopal courts of Ely (1374–1381), Paris (1384–1387), Cambrai (1438–1453), and Brussels (1448–1459). All these courts were, for the most part, correctly applying the late medieval canon law of marriage, but statistical analysis of the cases and results confirms that there were substantial differences both in the types of cases the courts heard and the results they reached. Marriages in England in the later middle ages were often under the control of the parties to the marriage, whereas those in northern France and southern Netherlands were often under the control of the parties' families and social superiors. Within this broad generalization the book brings to light patterns of late medieval men and women manipulating each other and the courts to produce extraordinarily varied results.

Law | Book | Culture in the Middle Ages

Law | Book | Culture in the Middle Ages
Author:
Publisher: BRILL
Total Pages: 477
Release: 2021-02-01
Genre: History
ISBN: 9004448659

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Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

Theorizing Legal Personhood in Late Medieval England

Theorizing Legal Personhood in Late Medieval England
Author:
Publisher: BRILL
Total Pages: 310
Release: 2015-06-24
Genre: History
ISBN: 9004284648

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Theorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism. Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.

Medicine and the Law in the Middle Ages

Medicine and the Law in the Middle Ages
Author:
Publisher: BRILL
Total Pages: 392
Release: 2014-03-27
Genre: History
ISBN: 9004269118

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Medicine and the Law in the Middle Ages offers fresh insight into the intersection between these two distinct disciplines. A dozen authors address this intersection within three themes: medical matters in law and administration of law, professionalization and regulation of medicine, and medicine and law in hagiography. The articles include subjects such as medical expertise at law on assault, pregnancy, rape, homicide, and mental health; legal regulation of medicine; roles physicians and surgeons played in the process of professionalization; canon law regulations governing physical health and ecclesiastical leaders; and connections between saints’ judgments and the bodies of the penitent. Drawing on primary sources from England, France, Frisia, Germany, Ireland, Italy, Portugal, and Spain, the volume offers a truly international perspective. Contributors are Sara M. Butler, Joanna Carraway Vitiello, Jean Dangler, Carmel Ferragud, Fiona Harris-Stoertz, Maire Johnson, Hiram Kümper, Iona McCleery, Han Nijdam, Kira Robison, Donna Trembinski, Wendy J. Turner, and Katherine D. Watson.

The Criminal Trial in Later Medieval England

The Criminal Trial in Later Medieval England
Author: John G. Bellamy
Publisher: University of Toronto Press
Total Pages: 218
Release: 1998-01-01
Genre: Law
ISBN: 9780802042958

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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.

The Law of Treason in England in the Later Middle Ages

The Law of Treason in England in the Later Middle Ages
Author: J. G. Bellamy
Publisher: Cambridge University Press
Total Pages: 290
Release: 2004-01-29
Genre: History
ISBN: 9780521526388

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Professor Bellamy places the theory of treason in its political setting and analyses the part it played in the development of legal and political thought in this period. He pays particular attention to the Statute of Treason of 1352, an act with a notable effect on later constitutional history and which, in the opinion of Edward Coke, had a legal importance second only to that of Magna Carta. He traces the English law of treason to Roman and Germanic origins, and discusses the development of royal attitudes towards rebellion, the judicial procedures used to try and condemn suspected traitors, and the interaction of the law of treason and constitutional ideas.

Marriage in Medieval England

Marriage in Medieval England
Author: Conor McCarthy
Publisher: Boydell Press
Total Pages: 212
Release: 2004
Genre: Family & Relationships
ISBN: 9781843831020

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A survey of attitudes to marriage as represented in medieval legal and literary texts. Medieval marriage has been widely discussed, and this book gives a brief and accessible overview of an important subject. It covers the entire medieval period, and engages with a wide range of primary sources, both legal and literary. It draws particular attention to local English legislation and practice, and offers some new readings of medieval English literary texts, including Beowulf, the works of Chaucer, Langland's Piers Plowman, the Book of Margery Kempe and the Paston Letters. Focusing on a number of key themes important across the period, individual chapters discuss the themes of consent, property, alliance, love, sex, family, divorce and widowhood. CONOR MCCARTHY gained his PhD from Trinity College Dublin.