The Law Courts of Medieval England


Book Description

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.




The Law Courts of Medieval England


Book Description

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.




The Law Courts of Medieval England


Book Description




Power and Justice in Medieval England


Book Description

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 History of Courts and Procedure in Medieval Canon Law


Book Description

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.




The Law Courts of Medieval England


Book Description




Divorce in Medieval England


Book Description

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.




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


Book Description

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




The Cambridge Companion to Medieval English Law and Literature


Book Description

A comprehensive and wide-ranging account of the interrelationship between law and literature in Anglo-Saxon, Medieval and Tudor England.




Law in Common


Book Description

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.