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This classic edition of Glanvill, by the great medievalist G.D.G.Hall, has now been reissued by Oxford University Press. The treatise on the laws and customs of the realm of England commonly called Glanvill is undoubtedly one of the best-known and most important works of medieval English law. Its itemization and commentary upon writs and the procedure connected with them provides invaluable information in legal practice in the twelfth century, but the treatise has far more than this to offer. It is a work of original analysis, covering such significant topics as dowry, debt, and inheritance, and allowing us a unique insight into the medieval legal mind.
This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.
First comprehensive survey of how kinship rules were discussed and applied in medieval England. Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymenand laywomen. They determined whom they might marry (decided in the canon law courts) and they determined from whom they might inherit (decided in the common law courts). This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned toadd to the kinship mix ties of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England. SAM WORBY is a civil servant and independent scholar.
Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Britische, französische und deutsche Historiker erforschen in diesem Band die kulturellen, gesellschaftlichen und politischen Bedingungen, unter denen in England, Frankreich und Deutschland das Phänomen des Feudalismus konstituiert wurde.