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This book portrays the great variety of work that medieval English juries carried out while highlighting the dramatic increase in demands for jury service that occurred during this period.
"The jury system has a rich history, dating back to the twelfth century and beyond. It was a surprisingly vibrant institution in its earliest days, called upon to make tough decisions about innocence and guilt as well as to render verdicts on many other matters, often unrelated to law enforcement. In this new account of the historical formulations of the jury system - the first major study of the subject in over two decades - James Masschaele looks at how jurors carried out their numerous tasks, the role they played in the expansion of royal government, and the experiences of real medieval people who provided jury service."--BOOK JACKET.
How did the kings of England and France govern their kingdoms? This volume, the product of a ten-year international project, brings together specialists in late medieval England and France to explore the multiple mechanisms by which monarchs exercised their power in the final centuries of the Middle Ages. Collaborative chapters, mostly co-written by experts on each kingdom, cover topics ranging from courts, military networks and public finance; office, justice and the men of the church; to political representation, petitioning, cultural conceptions of political society; and the role of those excluded from formal involvement in politics. The result is a richly detailed and innovative comparison of the nature of government and political life, seen from the point of view of how the king ruled his kingdom, but bringing to bear the methods of social, cultural and economic history to understand the underlying armature of royal power.
Valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society. Pre-Conquest English law was among the most sophisticated in early medieval Europe. Composed largely in the vernacular, it played a crucial role in the evolution of early English identity and exercised a formative influence on the development of the Common Law. However, recent scholarship has also revealed the significant influence of these legal documents and ideas on other cultural domains, both modern and pre-modern. This collection explores the richness of pre-Conquest legal writing by looking beyond its traditional codified form. Drawing on methodologies ranging from traditional philology to legal and literary theory, and from a diverse selection of contributors offering a broad spectrum of disciplines, specialities and perspectives, the essays examine the intersection between traditional juridical texts - from law codes and charters to treatises and religious regulation - and a wide range of literary genres, including hagiography and heroic poetry. In doing so, they demonstrate that the boundary that has traditionally separated "law" from other modes of thought and writing is far more porous than hitherto realized. Overall, the volume yields valuable new insights into the multi-layered and multi-directional relationship of law, literature, and social regulation in pre-Conquest English society.
Groundbreaking new approach to the idea of treason in medieval England, showing the profound effect played by gender.
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
An examination of peine fort et dure, the coercive medieval punishment for defendants refusing to plead to criminal indictments.
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.
Essays offering a guide to a vital source for our knowledge of medieval England. The Inquisitions Post Mortem (IPMs) at the National Archives have been described as the single most important source for the study of landed society in later medieval England. Inquisitions were local enquiries into the lands heldby people of some status, in order to discover whatever income and rights were due to the crown on their death, and provide details both of the lands themselves and whoever held them. This book explores in detail for the first time the potential of IPMs as sources for economic, social and political history over the long fifteenth century, the period covered by this Companion. It looks at how they were made, how they were used, and their "accuracy", and develops our understanding of a source that is too often taken for granted; it answers questions such as what they sought to do, how they were compiled, and how reliable they are, while also exploring how they can best be usedfor economic, demographic, place-name, estate and other kinds of study. Michael Hicks is Professor of Medieval History, University of Winchester. Contributors: Michael Hicks, Christine Carpenter, Kate Parkin, Christopher Dyer, Matthew Holford, Margaret Yates, L.R. Poos, J. Oeppen, R.M. Smith, Sean Cunningham, Claire Noble, Matthew Holford, Oliver Padel.
A set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction. Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.