Power and Justice in Medieval England
Power and Justice in Medieval England

Author: Joshua C. Tate

Publisher: Yale University Press

Published: 2022-04-12

Total Pages: 270

ISBN-13: 0300164718

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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.

Power and Justice in Medieval England
Power and Justice in Medieval England

Author: Joshua C. Tate

Publisher: Yale University Press

Published: 2022-01-01

Total Pages: 270

ISBN-13: 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.

Medieval Justice
Medieval Justice

Author: Hunt Janin

Publisher: McFarland

Published: 2009-10-15

Total Pages: 232

ISBN-13: 0786445025

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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.

Harnessing the Power of the Criminal Corpse
Harnessing the Power of the Criminal Corpse

Author: Sarah Tarlow

Publisher: Springer

Published: 2018-05-17

Total Pages: 277

ISBN-13: 3319779087

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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.

Maintenance in Medieval England
Maintenance in Medieval England

Author: Jonathan Rose

Publisher: Cambridge University Press

Published: 2017-06-22

Total Pages: 429

ISBN-13: 1108210236

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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.

Political culture in later medieval England
Political culture in later medieval England

Author: Michael J. Braddick

Publisher: Manchester University Press

Published: 2020-01-03

Total Pages: 286

ISBN-13: 1526148226

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This is an important collection of pioneering essays penned by the late Simon Walker, a highly respected historian of late medieval England. One of the finest scholars of his generation, Walker's writing is lucid, inspirational, and has permanently enriched our understanding of the period. The eleven essays featured here examine themes such as kingship, lordship, warfare and sanctity. There are specific studies on subjects such as the changing fortunes of the family of Sir Richard Abberbury; Yorkshire's Justices of the Peace; the service of medieval man-at-arms, Janico Dartasso; Richard II's views on kingship, political saints, and an investigation of rumour, sedition and popular protest in the reign of Henry IV. An introduction by G.L. Harriss looks back across Walker's career, and discusses the historiographical context of his work. Both the new and previously published pieces here will be essential reading for those working on the late medieval period.

Stolen Women in Medieval England
Stolen Women in Medieval England

Author: Caroline Dunn

Publisher: Cambridge University Press

Published: 2013

Total Pages: 275

ISBN-13: 1107017009

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The first comprehensive exploration of women's multifaceted experiences of forced and consensual ravishment in medieval England.

Textual and Visual Representations of Power and Justice in Medieval France
Textual and Visual Representations of Power and Justice in Medieval France

Author: Rosalind Brown-Grant

Publisher: Routledge

Published: 2016-12-05

Total Pages: 428

ISBN-13: 1351895451

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Thoroughly interdisciplinary in approach, this volume examines how concepts such as the exercising of power, the distribution of justice, and transgression against the law were treated in both textual and pictorial terms in works produced and circulated in medieval French manuscripts and early printed books. Analysing texts ranging from romances, political allegories, chivalric biographies, and catalogues of famous men and women, through saints’ lives, mystery plays and Books of Hours, to works of Roman, canon and customary law, these studies offer new insights into the diverse ways in which the language and imagery of politics and justice permeated French culture, particularly in the later Middle Ages. Organized around three closely related themes - the prince as a just ruler, the figure of the judge, and the role of the queen in relation to matters of justice - the issues addressed in these studies, such as what constitutes a just war, what treatment should be meted out to prisoners, what personal qualities are needed for the role of lawgiver, and what limits are placed on women’s participation in judicial processes, are ones that are still the subject of debate today. What the contributors show above all is the degree of political engagement on the part of writers and artists responsible for cultural production in this period. With their textual strategies of exemplification, allegorization, and satirical deprecation, and their visual strategies of hierarchical ordering, spatial organization and symbolic allusion, these figures aimed to show that the pen and paintbrush could aspire to being as mighty as the sword wielded by Lady Justice herself.

Kings as Judges
Kings as Judges

Author: Deborah Boucoyannis

Publisher: Cambridge University Press

Published: 2021-07-15

Total Pages: 401

ISBN-13: 1107162793

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How did representative institutions become the central organs of governance in Western Europe? What enabled this distinctive form of political organization and collective action that has proved so durable and influential? The answer has typically been sought either in the realm of ideas, in the Western tradition of individual rights, or in material change, especially the complex interaction of war, taxes, and economic growth. Common to these strands is the belief that representation resulted from weak ruling powers needing to concede rights to powerful social groups. Boucoyannis argues instead that representative institutions were a product of state strength, specifically the capacity to deliver justice across social groups. Enduring and inclusive representative parliaments formed when rulers could exercise power over the most powerful actors in the land and compel them to serve and, especially, to tax them. The language of rights deemed distinctive to the West emerged in response to more effectively imposed collective obligations, especially on those with most power.