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This title, first published in 1989, was one of the first to directly address the legal dimension of bastard feudalism. John Bellamy explores the role and vulnerability of local officials and juries, the nature of the endemic land wars and the interference in the justice system by those at the top of the social chain. What emerges is a focus on the role of land in disputes, the importance of royal favour and political advantage and the attempt to suppress disruption. This is an interesting title, which will be of particular value to students researching the nature of late medieval and early Tudor feudalism, royal patronage and legal procedure.
A fresh look at the idea of bastard feudalism, deploying little-used records to provide new insights.
This title, first published in 1989, was one of the first to directly address the legal dimension of bastard feudalism. John Bellamy explores the role and vulnerability of local officials and juries, the nature of the endemic land wars and the interference in the justice system by those at the top of the social chain. What emerges is a focus on the role of land in disputes, the importance of royal favour and political advantage and the attempt to suppress disruption. This is an interesting title, which will be of particular value to students researching the nature of late medieval and early Tudor feudalism, royal patronage and legal procedure.
This major work is the most radical reinterpretation of the subject for fifty years. Hicks argues that Bastard Feudalism was far more complex - and positive in its effects - than previous accounts have suggested. A major contribution to historical debate which revolutionises our view of late medieval society.
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.
Study of hunting as it appears both in didactic texts, and epic and romance.
An examination of the ways in which Gower's poetry engages with contemporary law and legal questions. It has long been thought that John Gower was probably a lawyer before turning to poetry, and this study reveals his active engagement with contemporary legal debates; they include constitutional questions, jurisdictional issues, private vengeance, jurisprudential concepts (such as equity and the rigor iuris), and aspects of criminal law. The author argues that the Confessio Amantis in particular demonstrates Gower's uncertainty about how to reconcile the ideal of a just law with alternative modes of justice, such as self-help, royal discretion, and divine will. The book also examines the parallel development of the exemplum and casus in medieval literature. Exempla frequently create a sense of narrative closure by means of some form of punishment, or as Gower would put it, "vengeance". How then do we set Gower's reputation as a sympathetic writer alongside his frequent desire forclosure and punishment? What are the limits of exemplarity and law? These questions are answered by reading Gower in relation to the volatile politics of the Ricardian period, and in comparison with the poetic concerns of contemporary writers such as Chaucer and Langland. In so doing, the book provides a searching introduction to the intersection between literature and law in the late fourteenth century. Dr. Conrad van Dijk is Assistant Professor of English at Concordia University College of Alberta (Edmonton, Canada).
This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.
There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.
This set is an excellent companion to J. R. Strayer's edited Dictionary of the Middle Ages (CH, Nov'87; Supplement I, ed. by W. C. Jordan, CH, Sep'04, 42-0044). The focus on warfare allows the editors to offer larger entries on major topics (e.g., "Agincourt," "Crusades," "Feudalism") and introduce many complementary topics. The editors are concerned with Europe; they expand coverage into Asia or Africa only because of the connection to medieval Europe. Coverage also includes an abundance of entries pertaining to Central and Eastern Europe. Most of the 1,000-plus entries are about a page in length, but a few approach 50 pages. Medium and large-size entries, such as "Chivalry," "Germany," and "Slavic Lands," discuss primary sources and very valuable historiographies. A thorough index helps readers locate the Knights Templar under "Orders, Military, Levantine Orders." Cross-references and bibliographies follow each of the signed entries. Locating reliable and scholarly information on the Knights Templar and Vlad Tepes (Dracula) is tricky. Some of the bibliographies include sources in foreign languages. For example, the references for the Black Army of Hungary are in Hungarian. Noticeably missing are entries for the many wars. This set is particularly suited to research libraries. Summing Up: Highly recommended. Lower-level undergraduates through professionals/practitioners; general readers. General Readers; Lower-division Undergraduates; Upper-division Undergraduates; Graduate Students; Researchers/Faculty; Professionals/Practitioners. Reviewed by W. M. Fontane.