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The Law Courts of Medieval England

The Law Courts of Medieval England
Author: A. Harding
Publisher: Routledge
Total Pages: 246
Release: 2019-06-26
Genre: History
ISBN: 0429558740

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Originally published in 1973 The Law Courts of Medieval England looks at law courts as the most developed institutions existing in the medieval times. Communities crystallized upon them and the governments worked through them. This book describes the scope and procedures of the different courts, appointment of the judges, the beginnings of civil and criminal courts, the origin of the jury system and other aspects of the modern legal system. It is all shown by an analysis of actual reports of court cases of the time, giving a vivid picture of the life of the English people as well as of the ways of the professional lawyers, no less intricate than they are today.


Power and Justice in Medieval England

Power and Justice in Medieval England
Author: Joshua C. Tate
Publisher: Yale University Press
Total Pages: 270
Release: 2022-01-01
Genre: Law
ISBN: 0300163835

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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.


The Law Courts of Medieval England

The Law Courts of Medieval England
Author: Alan Harding
Publisher: London : Allen & Unwin ; New York : Barnes and Noble
Total Pages: 199
Release: 1973-01-01
Genre: Courts
ISBN: 9780049421066

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The History of Courts and Procedure in Medieval Canon Law

The History of Courts and Procedure in Medieval Canon Law
Author: Wilfried Hartmann
Publisher: CUA Press
Total Pages: 521
Release: 2016-09-09
Genre: History
ISBN: 0813229049

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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.


Divorce in Medieval England

Divorce in Medieval England
Author: Sara Margaret Butler
Publisher: Routledge
Total Pages: 207
Release: 2013
Genre: Family & Relationships
ISBN: 0415825164

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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.


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.


Felony and the Guilty Mind in Medieval England

Felony and the Guilty Mind in Medieval England
Author: Elizabeth Papp Kamali
Publisher: Cambridge University Press
Total Pages: 353
Release: 2019-08
Genre: History
ISBN: 1108498795

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Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.


The County Courts of Medieval England, 1150-1350

The County Courts of Medieval England, 1150-1350
Author: Robert C. Palmer
Publisher: Princeton University Press
Total Pages: 379
Release: 2019-02-19
Genre: History
ISBN: 069165705X

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The first monograph on English medieval county courts, this book provides a major revision of traditional conceptions of the character of these courts and the organization of English society from the twelfth to the fourteenth century. THe county courts have been considered courts of custom dominated by local knights unskilled in the law. By analyzing county peronnel and their role of the courts, Robert C. Palmer shows that these courts were, on the contrary, clearly professional and controlled by the magnates through their lawyers. Nevertheless, as the author demonstrates by his study of the process of jurisdictional change, the county courts were increasingly relegated to lesser roles by changes meant to assure justice to county litigants, while the king's court became the normal court of original jurisdiction for most important cases. Professor Palmer appraoches his subject through the study of original records of litigation. Some of his primary sources were unkown until now (the county court year book reports and the writ file records) and some (the king's court plea rolls of Edward I, the unedited Cheshire plea rolls, and the early close rolls) had not previously been so closely examined for evidence on the county courts. In this ambitious work the author has shown how the king's courts and the county and local courts were linekd by personnel and procedure and how legal innovations and other circumstances broke down these links. What emerges is an enlightening study of legal and constitutional change. Robert C. Palmer is a Junior Fellow of the Michigan Society of Fellows at the University of Michigan Law School. Originally published in 1982. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


Town Courts and Urban Society in Late Medieval England, 1250-1500

Town Courts and Urban Society in Late Medieval England, 1250-1500
Author: Richard Goddard
Publisher:
Total Pages: 0
Release: 2019
Genre: History
ISBN: 9781783274253

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First full analysis of the rich records surviving from medieval English town courts. Town courts were the principal institution responsible for the delivery of justice and urban administration within medieval towns. Their records survive in large quantities in archives across England, and they provide an unparalleled insight into the lives and work of thousands of men and women who lived in these towns. The court rolls tell us much about the practice of law at the local level within towns, as well as yielding a broad range of perspectiveson the economy, society and administration of towns. This volume is the first collection dedicated to the analysis of town courts and their records. Through a wide range of approaches, it offers new interpretations of the role that these courts played. It also demonstrates the wide range of uses to which court records can be put to in order to more fully understand medieval urban society. The volume draws on the records of a considerable number of towns and their courts across England, including London, York, Norwich, Lincoln, Nottingham, Lynn, Chester, Bromsgrove and Shipston-on-Stour. RICHARD GODDARD is Associate Professor in the Department of History at the University of Nottingham; TERESA PHIPPS is Honorary Research Fellow in the Department of History at Swansea University. Contributors: Christopher Dyer, Richard Goddard, Jeremy Goldberg, Alan Kissane, Maryanne Kowaleski, JaneLaughton, Esther Liberman Cuenca, Susan Maddock, Teresa Phipps, Samantha Sagui