The Law of Treason in England in the Later Middle Ages

Author: J. G. Bellamy
Publisher: Cambridge University Press
ISBN: 0521526388
Release Date: 2004-01-29
Genre: History

Professor Bellamy places the theory of treason in its political setting and analyses the part it played in the development of legal and political thought in this period. He pays particular attention to the Statute of Treason of 1352, an act with a notable effect on later constitutional history and which, in the opinion of Edward Coke, had a legal importance second only to that of Magna Carta. He traces the English law of treason to Roman and Germanic origins, and discusses the development of royal attitudes towards rebellion, the judicial procedures used to try and condemn suspected traitors, and the interaction of the law of treason and constitutional ideas.

The Constitutional History of England

Author: Frederic William Maitland
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584771487
Release Date: 1908
Genre: History

Maitland, Frederic William. The Constitutional History of England. A Course of Lectures Delivered. Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-068895. ISBN 1-58477-148-8. Cloth. $95. * Although Maitland reportedly never desired these lectures to be published, they have long been regarded by scholars as among the best of introductions to the subject. They cover the period from 1066 to the end of the nineteenth century, but rather than a narrative historical format, focus on describing the work of the constitution during five distinct periods in English history (1307, 1509, 1625, 1702, 1887). The lectures were delivered in the winter of 1887 and spring of 1888, and provide an entry to some of the major concepts he later expounded on in his seminal work written with Sir Frederick Pollock, The History of English Law. This volume was compiled and edited two years after Maitland's death by one of his students, Herbert A.L. Fisher. Marke, A Catalogue of the Law Collection at New York University (1953) 367.

Marriage Litigation in Medieval England

Author: R. H. Helmholz
Publisher: Cambridge University Press
ISBN: 0521035627
Release Date: 2007-03-26
Genre: History

This book tells one part of the long history of the institution of marriage. Questions concerning the formation and annulment of marriage came under the exclusive jurisdiction of the church courts during the Middle Ages. Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of marriage. He investigates the nature of the cases heard, the procedure used, the people involved and changes over the period covered, all of which add to what is known about marriage and legal practice in medieval England. The concluding assessment of canonical jurisdiction over marriage suggests that the application of the law was more successful than is usually thought.

Aliens in Medieval Law

Author: Keechang Kim
Publisher: Cambridge University Press
ISBN: 0521800854
Release Date: 2000-12-07
Genre: History

Originally published in 2000, this original reinterpretation of the legal status of foreigners in medieval England boldly rejects the canonical view which has for centuries dominated the imagination of historians and laymen alike. Keechang Kim proposes an understanding of the genesis of the modern legal regime and the important distinction between citizens and non-citizens. Making full use of medieval and early modern sources, Kim offers a compelling argument that the late medieval changes in legal treatment of foreigners are vital to an understanding of the shift of focus from status to the State, and that the historical foundation of the modern state system should be sought in this shift of outlook. The book contains a re-evaluation of the legal aspects of feudalism, examining, in particular, how the feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook.

The Payment Order of Antiquity and the Middle Ages

Author: Benjamin Geva
Publisher: Bloomsbury Publishing
ISBN: 9781847318435
Release Date: 2011-11-01
Genre: Law

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.

Constitutional History of the UK

Author: Ann Lyon
Publisher: Routledge
ISBN: 9781317203988
Release Date: 2016-06-10
Genre: Law

An appreciation of the development and evolution of the United Kingdom constitution is vital in order to understand the existing nature of the constitution, proposals for reform and the many complex challenges it faces. Ann Lyon presents a vivid overview of fourteen hundred years of English legal history taking us on a rich journey from a feudal society to the fractured Union of the present day. Drawing on key constitutional themes, Constitutional History of the United Kingdom provides insight and context to modern constitutional problems. This second edition has been revised and updated to bring coverage up to the present day, including parliamentary reform; the Scottish referendum on independence and further drives for enhanced devolution; the effect of EU membership on the UK Constitution; and the impact of the European Convention on Human Rights and the Human Rights Act 1998. Constitutional History of the United Kingdom offers an accessible and highly valuable overview for students with little or no prior knowledge of British history.

Medieval Law and the Foundations of the State

Author: Alan Harding
Publisher: Oxford University Press on Demand
ISBN: 9780198219583
Release Date: 2002
Genre: Law

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 systemsfor 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 inthe 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'.

Imprisoning Medieval Women

Author: Dr Gwen Seabourne
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409482321
Release Date: 2013-07-28
Genre: History

The non-judicial confinement of women is a common event in medieval European literature and hagiography. The literary image of the imprisoned woman, usually a noblewoman, has carried through into the quasi-medieval world of the fairy and folk tale, in which the 'maiden in the tower' is one of the archetypes. Yet the confinement of women outside of the judicial system was not simply a fiction in the medieval period. Men too were imprisoned without trial and sometimes on mere suspicion of an offence, yet evidence suggests that there were important differences in the circumstances under which men and women were incarcerated, and in their roles in relation to non-judicial captivity. This study of the confinement of women highlights the disparity in regulation concerning male and female imprisonment in the middle ages, and gives a useful perspective on the nature of medieval law, its scope and limitations, and its interaction with royal power and prerogative. Looking at England from 1170 to 1509, the book discusses: the situations in which women might be imprisoned without formal accusation of trial; how social status, national allegiance and stage of life affected the chances of imprisonment; the relevant legal rules and norms; the extent to which legal and constitutional developments in medieval England affected women's amenability to confinement; what can be known of the experiences of women so incarcerated; and how women were involved in situations of non-judicial imprisonment, aside from themselves being prisoners.

Maintenance in Medieval England

Author: Jonathan Rose
Publisher: Cambridge University Press
ISBN: 9781107043985
Release Date: 2017-06-22
Genre: History

Identifying for the first time the true nature of maintenance, this study uses primary sources to reach new findings on its lawfulness.

Magna Carta

Author: Katherine Fischer Drew
Publisher: Greenwood Publishing Group
ISBN: 0313325901
Release Date: 2004-01-01
Genre: History

Magna Carta is the medieval touchstone charter of western liberties, brought about by contention among the English crown, nobility, church, and towns. Brief biographical sketches buttress thematic essays and key primary documents, including Magna Cartas themselves.

Historical Dictionary of Late Medieval England 1272 1485

Author: Ronald H. Fritze
Publisher: Greenwood Publishing Group
ISBN: 0313291241
Release Date: 2002-01-01
Genre: History

Focusing on political, military, religious, and constitutional history of Medieval England, this reference offers information that is often elusive or difficult to understand within the covers of specialized monographs and journal articles.

Law as Profession and Practice in Medieval Europe

Author: Ms Melodie Harris Eichbauer
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409482543
Release Date: 2013-07-28
Genre: Law

This volume brings together papers by a group of scholars, distinguished in their own right, in honour of James Brundage. The essays are organised into four sections, each corresponding to an important focus of Brundage's scholarly work. The first section explores the connection between the development of medieval legal and constitutional thought. Thomas Izbicki, Kenneth Pennington, and Charles Reid, Jr. explore various aspects of the jurisprudence of the Ius commune, while James Powell, Michael Gervers and Nicole Hamonic, Olivia Robinson, and Elizabeth Makowski examine how that jurisprudence was applied to various medieval institutions. Brian Tierney and James Muldoon conclude this section by demonstrating two important points: modern ideas of consent in the political sphere and fundamental principles of international law attributed to sixteenth century jurists like Hugo Grotius have deep roots in medieval jurisprudential thought. Patrick Zutshi, R. H. Helmholz, Peter Landau, Marjorie Chibnall, and Edward Peters have written essays that augment Brundage's work on the growth of the legal profession and how traces of a legal education began to emerge in many diverse arenas. The influence of legal thinking on marriage and sexuality was another aspect of Brundage's broad interests. In the third section Richard Kay, Charles Donahue, Jr., and Glenn Olsen explore the intersection of law and marriage and the interplay of legal thought on a central institution of Christian society. The contributions of Jonathan Riley-Smith and Robert Somerville in the fourth section round-out the volume and are devoted to Brundage's path-breaking work on medieval law and the crusading movement. The volume also includes a comprehensive bibliography of Brundage's work.