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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.
Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.
Medieval Englishmen were treacherous, rebellious and killed their kings, as their French contemporaries repeatedly noted. In the thirteenth through fifteenth centuries, ten kings faced serious rebellion, in which eight were captured, deposed, and/or murdered. One other king escaped open revolt but encountered vigorous resistance. In this book, Professor Valente argues that the crises of the thirteenth and fourteenth centuries were crucibles for change; and their examination helps us to understand medieval political culture in general and key developments in later medieval England in particular. The Theory and Practice of Revolt takes a comparative look at these crises, seeking to understand medieval ideas of proper kingship and government, the role of political violence and the changing nature of reform initiatives and the rebellions to which they led. It argues that rebellion was an accepted and to a certain extent legitimate means to restore good kingship throughout the period, but that over time it became increasingly divorced from reform aims, which were satisfied by other means, and transformed by growing lordly dominance, arrogance, and selfishness. Eventually the tradition of legitimate revolt disappeared, to be replaced by both parliament and dynastic civil war. Thus, on the one hand, development of parliament, itself an outgrowth of political crises, reduced the need for and legitimacy of crisis reform. On the other hand, when crises did arise, the idea and practice of the community of the realm, so vibrant in the thirteenth century, broke down under the pressures of new political and socio-economic realities. By exploring violence and ideas of government over a longer period than is normally the case, this work attempts to understand medieval conceptions on their own terms rather than with regard to modern assumptions and to use comparison as a means of explaining events, ideas, and developments.
This book represents the first full-length study of the English criminal trial in a crucial period of its development (1300-1550). Based on prime source material, The Criminal Trial in Later Medieval England uses legal treatises, contemporary reports of instructive cases, chancery rolls, state papers and court files and rolls to reconstruct the criminal trial in the later medieval and early Tudor periods. There is particular emphasis on the accusation process (studied in depth here for the first time, showing how it was, in effect, a trial within a trial); the discovery of a veritable revolution in conviction rates between the early fifteenth century and the later sixteenth (why this revolution occurred is explained in detail); the nature and scope of the most prevalent types of felony in the period; and the startling contrast between the conviction rate and the frequency of actual punishment. The role of victims, witnesses, evidence, jurors, justices and investigative techniques are analysed. John Bellamy is one of the foremost scholars in the field of English criminal justice and in The Criminal Trial in Later Medieval England gives a masterful account of what the medieval legal process involved. He guides the reader carefully through the maze of disputed and controversial issues, and makes clear to the non-specialist why these disputes exist and what their importance is for a fuller understanding of medieval criminal law. Those with a special interest in medieval law, as well as all those interested in how society deals with crime, will appreciate Professor Bellamy's clarity and wisdom and his careful blend of critical overview and new insights.
Richard III is undoubtedly the dominant personality in this collection of essays, but not in his capacity as king of England. Richard was Duke of Gloucester far longer than he was king. For most of his career, he was a subject, not a monarch, the equal of the great nobility. He is seen here in the company of his fellows: Warwick the Kingmaker, Clarence, Northumberland, Somerset, Hastings a the Wydevilles. His relations with these rivals, all of whom submitted to him or were crushed, show him in different moods and from various vantage points.
This book examines the organisation of power and society in north-east England over two crucial centuries in the emergence of the English 'state'. England is usually regarded as medieval Europe's most centralised kingdom, yet the North-East was dominated by liberties - largely self-governing jurisdictions - that greatly restricted the English crown's direct authority in the region. These local polities receive here their first comprehensive discussion; and their histories are crucial for understanding questions of state-formation in frontier zones, regional distinctiveness, and local and national loyalties. The analysis focuses on liberties as both governmental entities and sources of socio-political and cultural identification. It also connects the development of liberties and their communities with a rich variety of forces, including the influence of the kings of Scots as lords of Tynedale, and the impact of protracted Anglo-Scottish warfare from 1296. Why did liberties enjoy such long-term relevance as governance structures? How far, and why, did the English monarchy respect their autonomous rights and status? By what means, and how successfully, were liberty identities created, sharpened and sustained? In addressing such issues, this ground-breaking study extends beyond regional history to make significant contributions to the ongoing mainstream debates about 'state', 'society', 'identity' and 'community'.
English Political Culture in the Fifteenth Century is a new and original study of how politics worked in late medieval England, throwing new light on a much-discussed period in English history. Michael Hicks explores the standards, values and principles that motivated contemporary politicians, and the aspirations and interests of both dukes and peasants alike. Hicks argues that the Wars of the Roses did not result from fundamental weaknesses in the political system but from the collision of exceptional circumstances that quickly passed away. Overall, he shows that the era was one of stability and harmony, and that there were effective mechanisms for keeping the peace. Structure and continuities, Hicks argues, were more prominent than change.