The Medieval Coroner

Author: R. F. Hunnisett
Publisher: Cambridge University Press
ISBN: 0521053501
Release Date: 1961-01-02
Genre: History

The office of coroner was established in England in 1194; it has had an unbroken history, and has been exported to many countries, including the United States. At the zenith of his power, in the thirteenth and early fourteenth centuries, the coroner was concerned with many aspects of law and local administration, and with some of the most tragic and dramatic episodes of medieval life. Coroners - 'keepers of the pleas of the crown' - had to be knights or substantial landowners; they were required to hold inquests on victims of suicide or violent death, receive abjurations of the realm (ceremonial undertakings by felons in sanctuary to leave the country), hear appeals and confessions of felony, and legalise any exactions, outlawries or subsequent pardons. Their responsibilities included the arrest of suspects and the safeguarding of property subject to forfeit; the coroners' rolls contained the written records of many official proceedings.

Sir Henry Maine

Author: Raymond Cocks
Publisher: Cambridge University Press
ISBN: 0521524962
Release Date: 2004-07-08
Genre: History

A demonstration of the contemporary context and significance of Maine's approach to the law.

The Reinvention of Magna Carta 1216 1616

Author: John Baker
Publisher: Cambridge University Press
ISBN: 9781316949733
Release Date: 2017-01-26
Genre: Law

This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.

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.

The Law of Evidence in Victorian England

Author: Christopher J. W. Allen
Publisher: Cambridge University Press
ISBN: 0521584183
Release Date: 1997-09-04
Genre: Law

In The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period.

English Common Law in the Age of Mansfield

Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 9780807864005
Release Date: 2005-12-15
Genre: Law

In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Marriage Law and Practice in the Long Eighteenth Century

Author: Rebecca Probert
Publisher: Cambridge University Press
ISBN: 9781139479769
Release Date: 2009-07-02
Genre: History

This book uses a wide range of primary sources - legal, literary and demographic - to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging consent, demonstrating that such exchanges were regarded merely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London's Fleet prison from conducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts' pragmatic approach. Finally, it establishes that only a few non-Anglicans married according to their own rites before the Act; while afterwards most - save the exempted Quakers and Jews - similarly married in church. In short, eighteenth-century couples complied with whatever the law required for a valid marriage.

Insurance in Elizabethan England

Author: Guido Rossi
Publisher: Cambridge University Press
ISBN: 9781316425329
Release Date: 2016-12-15
Genre: Law

English insurance came into being almost entirely during the Elizabethan period. However, the Great Fire of 1666 consumed most of London's mercantile document, and therefore little is known about early English insurance. Using new archival material, this study provides the first in-depth analysis of early English insurance. It focuses on a crucial yet little-known text, the London Insurance Code of the early 1580s, and shows how London insurance customs were first imported from Italy, then influenced by the Dutch, and finally shaped in a systematic fashion in that Insurance Code. The London Insurance Code was in turn heavily influenced by coeval continental codes. This deep influence attests the strong links between English and European insurance, and questions the common/civil law divide on the history of commercial law.

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.

A History of Water Rights at Common Law

Author: Joshua Getzler
Publisher: Oxford University Press on Demand
ISBN: 0198265816
Release Date: 2004
Genre: Law

This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.

Critical Studies in Ancient Law Comparative Law and Legal History

Author: John Cairns
Publisher: Bloomsbury Publishing
ISBN: 9781847310255
Release Date: 2001-01-19
Genre: Law

This important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.