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Power and Justice in Medieval England

Author: Joshua C. Tate

Publisher: Yale University Press

Published: 2022-04-12

Total Pages: 270

ISBN-13: 0300164718

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

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.

Kingship, Law, and Society

Author: Edward Powell

Publisher: Oxford University Press

Published: 1989-12-14

Total Pages: 332

ISBN-13: 0192537881

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This book breaks new ground in the study of crime and law enforcement in late medieval England using the reign of Henry V as a detailed case study. Dr Powell considers the subject on three levels: legal theory - academic, governmental, and popular thinking about the nature of law; legal machinery - the framework of courts and their procedures; and legal practice - the enforcement of the law in the reign of Henry V. There exists at present no other work devoted to setting the legal system of this period in its social and political context. Rejecting the traditional view of late medieval England as chronically lawless and violent, Dr Powell emphasizes instead the structural constraints on royal power to enforce the law, and the King's dependence on the co-operation of local society for the maintenance of his peace. Public order relied less on the coercive powers of the courts than the art of political management and the use of procedures for conciliation and arbitration at local level.

Medieval Law and the Foundations of the State

Author: Alan Harding

Publisher: OUP Oxford

Published: 2002-01-03

Total Pages: 350

ISBN-13: 0191543527

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The state is the most powerful and contested of political ideas, loved for its promise of order but hated for its threat of coercion. In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force. He explores how the word 'state' was used by medieval rulers and their ministers and connects the growth of the idea of the state with the development of systems for the administration of justice and the enforcement of peace. He shows how these systems provided new models for government from the centre, successfully in France and England but less so in Germany. The courts and legislation of French and English kings are described establishing public order, defining rights to property and liberty, and structuring commonwealths by 'estates'. In the final chapters the author reveals how the concept of the state was taken up by political commentators in the wars of the later Middle Ages and the Reformation Period, and how the law-based 'state of the king and the kingdom' was transformed into the politically dynamic 'modern state'.

Law, Governance, and Justice

Author:

Publisher: BRILL

Published: 2013-01-14

Total Pages: 357

ISBN-13: 9004236422

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How law is made, how governance works, and the response of the governed remain crucial modern questions whose roots in many parts of the world reach deep into the past of medieval England. Scholars have long discussed these issues and new perspectives regularly emerge. This volume brings together contemporary views from leaders in the field and from younger scholars, both historians and literary critics. Classic themes and incidents are creatively revisited and new avenues of approach are suggested.

The Evolution of English Justice

Author: Anthony Musson

Publisher: Red Globe Press

Published: 1999

Total Pages: 0

ISBN-13: 033367670X

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This book aims to provide a lucid and approachable reassessment of the various political, economic and social pressures on the development of English justice in the fourteenth century. It suggests the best ways by which students can understand the different historical debates and schools of thought. Crucially, it stresses that the law did not simply react to external shocks, but was capable of developing from within, responding to the needs of a fast-changing and increasingly litigious society. Further, it questions the notion that royal justice underwent a crisis in the fourteenth century (a key theme for students of late medieval England), and offers new insights into the power structure and political culture of the reigns of Edward II, Edward III and Richard II.

Law and Government in Medieval England and Normandy

Author: George Garnett

Publisher: Cambridge University Press

Published: 1994-04-28

Total Pages: 414

ISBN-13: 9780521430760

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An important set of historical essays on England and Normandy from the tenth to the thirteenth century.

War, Justice, and Public Order

Author: Richard W. Kaeuper

Publisher:

Published: 1988

Total Pages: 472

ISBN-13:

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This is a study of two topics of central importance in late medieval history: the impact of war, and the control of disorder. Making war and making law were the twin goals of the state, and the author examines the effect of the evolution of royal government in England and France. Ranging broadly between 1000 and 1400, he focuses principally on the period c.1290 to c.1360, and compares developments in the two countries in four related areas: the economic and political costs of war; the development of royal justice; the crown's attempt to control private violence; and the relationship between public opinion and government action. He argues that as France suffered near breakdown under repeated English invasions, the authority of the crown became more acceptable to the internal warring factions; whereas the English monarchy, unable to meet the expectations for internal order which arose partly from its own ambitious claims to be 'keeper of the peace', had to devolve much of its judicial powers. In these linked problems of war, justice, and public order may lie the origins of English 'constitutionalism' and French 'absolutism'.

Harnessing the Power of the Criminal Corpse

Author: Sarah Tarlow

Publisher: Springer

Published: 2018-05-17

Total Pages: 273

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.

Aspects of Power and Authority in the Middle Ages

Author: Brenda Bolton

Publisher: Brepols Publishers

Published: 2007

Total Pages: 376

ISBN-13:

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Concepts of power and authority and the relationship between them were fundamental to many aspects of medieval society. The essays in this collection present a series of case studies that range widely, both chronologically and geographically, from Lombard Italy to early-modern Iberia and from Anglo-Saxon, Norman, and later-medieval England to twelfth-century France and the lands beyond the Elbe in the conversion period. While some papers deal with traditional royal, princely and ecclesiastical authority, they do so in new ways. Others examine groups and aspects less obviously connected to power and authority, such as the networks of influence centring on royal women or powerful ecclesiastics, the power relationships revealed in Anglo-Saxon and Old-Norse literature or the influence that might be exercised by needy crusaders, by Jews with the ability to advance loans or by parish priests on the basis of their local connections. An important section discusses the power of the written word, whether papal bulls, collections of miracle stories, or the documents produced in lawsuits. The papers in this volume demonstrate the variety and multiplicity of both power and authority and the many ways by which individuals exercised influence and exerted a claim to be heard and respected.