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 Drawing on unpublished records of these courts, Professor Helmholz describes the practical side of matrimonial jurisdiction and relates it to his outline of the formal law of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 Medieval Coroner

Author: R. F. Hunnisett
Publisher: Cambridge University Press
ISBN: 0521079438
Release Date: 2008-09-08
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.

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.

Laws Lawyers and Texts

Author: Susanne Jenks
Publisher: BRILL
ISBN: 9789004212480
Release Date: 2012-06-22
Genre: History

This book focuses on medieval legal history. The essays discuss the birth of the Common Law, the interaction between systems of law, the evolution of the legal profession, and the operation and procedures of the Common Law in England. All these factors will ensure a warm reception of the volume by a broad range of readers.

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.

Comparative Studies in Continental and Anglo American Legal History

Author: Javier Martínez-Torrón
Publisher: Duncker & Humblot
ISBN: 3428494148
Release Date: 1998-01-01
Genre: Law

Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.

English Common Law in the Age of Mansfield

Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807855324
Release Date: 2004
Genre: Law

James Oldham reviews developments in English common law during the 18th century, particularly the influence of Lord Chief Justice Mansfield, whose reforming work laid the foundations of modern English and American civil law.

Insurance in Elizabethan England

Author: Guido Rossi
Publisher: Cambridge University Press
ISBN: 9781316425329
Release Date: 2016-01-05
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.

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 Origins of Adversary Criminal Trial

Author: John H. Langbein
Publisher: Oxford University Press on Demand
ISBN: 9780199258888
Release Date: 2003
Genre: Law

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.