Rancor and Reconciliation in Medieval England
Rancor and Reconciliation in Medieval England

Author: Paul R. Hyams

Publisher: Cornell University Press

Published: 2018-10-18

Total Pages: 376

ISBN-13: 1501725742

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Duels and bloodfeuds have long been regarded as essentially Continental phenomena, counter to the staid and orderly British ways of settling differences. In this surprising work of social and legal history, Paul R. Hyams reveals a post-Conquest England not all that different from the realms across the Channel. Drawing on a wide range of texts and the long history of argument about these texts, Hyams shatters the myth of English exceptionalism, the notion that while feud and vengeance prevailed in the lands of the Franks, England had advanced beyond such anarchic barbarism by the time of the Conquest and forged a centralized political and legal system. This book provides support for the notion that feud and vengeance flourished in England long beyond the Conquest, and that this fact obliges us to reconsider the genealogies of both common law and the English monarchy.Moving back and forth between a broad overview of 300 years of legal history and the details of specific disputes, Hyams attends to the demands of individuals who believed that they had been aggrieved and sought remedy. He shows how individuals perceived particular acts of violence and responded to them. These reactions, in turn, sparked central efforts to manage disputes and thereby establish law and order. Respectable litigation, however, never eclipsed the danger of direct action, often violent and physical.

Rancor & Reconciliation in Medieval England
Rancor & Reconciliation in Medieval England

Author: Paul R. Hyams

Publisher: Cornell University Press

Published: 2003

Total Pages: 388

ISBN-13: 9780801439964

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Duels and bloodfeuds have long been regarded as essentially Continental phenomena, counter to the staid and orderly British ways of settling differences. In this surprising work of social and legal history, Paul R. Hyams reveals a post-Conquest England not all that different from the realms across the Channel. Drawing on a wide range of texts and the long history of argument about these texts, Hyams shatters the myth of English exceptionalism, the notion that while feud and vengeance prevailed in the lands of the Franks, England had advanced beyond such anarchic barbarism by the time of the Conquest and forged a centralized political and legal system. This book provides support for the notion that feud and vengeance flourished in England long beyond the Conquest, and that this fact obliges us to reconsider the genealogies of both common law and the English monarchy.Moving back and forth between a broad overview of 300 years of legal history and the details of specific disputes, Hyams attends to the demands of individuals who believed that they had been aggrieved and sought remedy. He shows how individuals perceived particular acts of violence and responded to them. These reactions, in turn, sparked central efforts to manage disputes and thereby establish law and order. Respectable litigation, however, never eclipsed the danger of direct action, often violent and physical.

Sanctuary and Crime in the Middle Ages, 400-1500
Sanctuary and Crime in the Middle Ages, 400-1500

Author: Karl Shoemaker

Publisher: Fordham Univ Press

Published: 2011

Total Pages: 285

ISBN-13: 0823232689

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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. --

Excommunication in Thirteenth-Century England
Excommunication in Thirteenth-Century England

Author: Felicity Hill

Publisher: Oxford University Press

Published: 2022-06-09

Total Pages: 355

ISBN-13: 0198840365

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Excommunication was the medieval churchâs most severe sanction, used against people at all levels of society. It was a spiritual, social, and legal penalty. Excommunication in Thirteenth-Century England offers a fresh perspective on medieval excommunication by taking a multi-dimensional approach to discussion of the sanction. Using England as a case study, Felicity Hill analyzes the intentions behind excommunication; how it was perceived and received, at both national and local level; the effects it had upon individuals and society. The study is structured thematically to argue that our understanding of excommunication should be shaped by how it was received within the community as well as the intentions of canon law and clerics. Challenging past assumptions about the inefficacy of excommunication, Hill argues that the sanction remained a useful weapon for the clerical elite: bringing into dialogue a wide range of source material allows âeffectivenessâ to be judged within a broader context. The complexity of political communication and action are revealed through public, conflicting, accepted and rejected excommunications. Excommunication could be manipulated to great effect in political conflicts and was an important means by which political events were communicated down the social strata of medieval society. Through its exploration of excommunication, the book reveals much about medieval cursing, pastoral care, fears about the afterlife, social ostracism, shame and reputation, and mass communication.

Identity and Insurgency in the Late Middle Ages
Identity and Insurgency in the Late Middle Ages

Author: Linda Clark

Publisher: Boydell Press

Published: 2006

Total Pages: 230

ISBN-13: 9781843832706

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The most crucial issues in current research are debated in the latest volume in the series. The essays collected here provide fresh insight into a range of important topics across the period. They discuss religion([both orthodox, as revealed by the lives of anchoresses living in Norwich, and heretical, as practised by lollards living in Coventry); politics (exploring the motivations of individuals seeking election to parliament, and how the way Cade's Rebellion was recorded by contemporaries affected its subsequent perception); law (whether it may be deduced from manorial court rolls that lawyers were employed by peasants, and an examination of the process of peace-making in feuds on the Scottish border); national, ethnic and political identity in the British Isles; social ranking and chivalry (in particular knighthood in Scotland); and verse (a consideration of the poem Lydgate addressed to Thomas Chaucer, and the occasion of its composition). Contributors: JACKSON W. ARMSTRONG, JACQUELYN FERNHOLTZ, TONY GOODMAN, DAVID GRUMMITT, CAROLE HILL, MAUREEN JURKOWSKI, JENNI NUTTALL, SIMON PAYLING, ANDREA RUDDICK, KATIE STEVENSON, MATTHEW TOMPKINS

The Secular Clergy in England, 1066-1216
The Secular Clergy in England, 1066-1216

Author: Hugh M. Thomas

Publisher:

Published: 2014

Total Pages: 445

ISBN-13: 0198702566

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The secular clergy - priests and other clerics outside of monastic orders - were among the most influential and powerful groups in European society during the central Middle Ages. The secular clergy got their title from the Latin word for world, saeculum, and secular clerics kept the Church running in the world beyond the cloister wall, with responsibility for the bulk of pastoral care and ecclesiastical administration. This gave them enormous religious influence, although they were considered too worldly by many contemporary moralists - trying, for instance, to oppose the elimination of clerical marriage and concubinage. Although their worldliness created many tensions, it also gave the secular clergy much worldly influence. Contemporaries treated elite secular clerics as equivalent to knights, and some were as wealthy as minor barons. Secular clerics had a huge role in the rise of royal bureaucracy, one of the key historical developments of the period. They were instrumental to the intellectual and cultural flowering of the twelfth century, the rise of the schools, the creation of the book trade, and the invention of universities. They performed music, produced literature in a variety of genres and languages, and patronized art and architecture. Indeed, this volume argues that they contributed more than any other group to the Twelfth-Century Renaissance. Yet the secular clergy as a group have received almost no attention from scholars, unlike monks, nuns, or secular nobles. In The Secular Clergy in England, 1066-1216, Hugh Thomas aims to correct this deficiency through a major study of the secular clergy below the level of bishop in England from 1066 to 1216.

Sincerity in Medieval English Language and Literature
Sincerity in Medieval English Language and Literature

Author: Graham Williams

Publisher: Springer

Published: 2018-05-17

Total Pages: 265

ISBN-13: 1137540699

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This book traces the development of the ideal of sincerity from its origins in Anglo-Saxon monasteries to its eventual currency in fifteenth-century familiar letters. Beginning by positioning sincerity as an ideology at the intersection of historical pragmatics and the history of emotions, the author demonstrates how changes in the relationship between outward expression and inward emotions changed English language and literature. While the early chapters reveal that the notion of sincerity was a Christian intervention previously absent from Germanic culture, the latter part of the book provides more focused studies of contrition and love. In doing so, the author argues that under the rubric of courtesy these idealized emotions influenced English in terms of its everyday pragmatics and literary style. This fascinating volume will be of broad interest to scholars of medieval language, literature and culture.

Affective Meditation and the Invention of Medieval Compassion
Affective Meditation and the Invention of Medieval Compassion

Author: Sarah McNamer

Publisher: University of Pennsylvania Press

Published: 2011-07-07

Total Pages: 319

ISBN-13: 0812202783

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Affective meditation on the Passion was one of the most popular literary genres of the high and later Middle Ages. Proliferating in a rich variety of forms, these lyrical, impassioned, script-like texts in Latin and the vernacular had a deceptively simple goal: to teach their readers how to feel. They were thus instrumental in shaping and sustaining the wide-scale shift in medieval Christian sensibility from fear of God to compassion for the suffering Christ. Affective Meditation and the Invention of Medieval Compassion advances a new narrative for this broad cultural change and the meditative writings that both generated and reflected it. Sarah McNamer locates women as agents in the creation of the earliest and most influential texts in the genre, from John of Fécamp's Libellus to the Meditationes Vitae Christi, thus challenging current paradigms that cast the compassionate affective mode as Anselmian or Franciscan in origin. The early development of the genre in women's practices had a powerful and lasting legacy. With special attention to Middle English texts, including Nicholas Love's Mirror and a wide range of Passion lyrics and laments, Affective Meditation and the Invention of Medieval Compassion illuminates how these scripts for the performance of prayer served to construct compassion itself as an intimate and feminine emotion. To feel compassion for Christ, in the private drama of the heart that these texts stage, was to feel like a woman. This was an assumption about emotion that proved historically consequential, McNamer demonstrates, as she traces some of its legal, ethical, and social functions in late medieval England.

Making Murder Public
Making Murder Public

Author: K. J. Kesselring

Publisher: Oxford University Press

Published: 2019-01-10

Total Pages: 224

ISBN-13: 0192572598

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Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'

A Historical Introduction to English Law
A Historical Introduction to English Law

Author: Russell Sandberg

Publisher: Cambridge University Press

Published: 2023-04-30

Total Pages: 295

ISBN-13: 110709058X

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Designed for those studying law for the first time, this book explores where the English common law came from.