The Oxford History of the Laws of England Volume VI

The Oxford History of the Laws of England Volume VI

D., F.B.A., Downing Professor of the Laws of England, and Fellow of St Catharine's College, Cambridge The Oxford ... The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s Helmholz isbn 0–19–825897–6 Volume II: c.9001216 ...

Author: John Baker

Publisher: OUP Oxford

ISBN: 9780191018572

Category: Law

Page: 1116

View: 999

This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.
Categories: Law

The Oxford History of the Laws of England The Canon law and ecclesiastical jurisdiction from 597 to the 1640s

The Oxford History of the Laws of England  The Canon law and ecclesiastical jurisdiction from 597 to the 1640s

Volume I : The Canon Law and Ecclesiastical Jurisdiction from 597 to the 16405 Helmholz ISBN 0-19-825897–6 Volume II : c.9001216 Hudson ISBN 0-19-826030 - X Volume III : 1216–1307 Brand ISBN 0-19-826866-6 Volume IV : 1307–1377 Donahue ...

Author: R. H. Helmholz

Publisher: Oxford University Press on Demand

ISBN: 0198258976

Category: Law

Page: 693

View: 274

This volume traces the reception and subsequent history of the canon law in England between 597 and 1649. It covers, amongst other topics, the Anglo-Saxon laws, both secular and spiritual; the establishment of consistory courts; and the fate of the canon law during and after the English reformation. Secondly, this volume addresses the subjects under ecclesiastical jurisdiction: civil procedure and the law of proof; monetary obligations and economic regulation; testamentary law and probate jurisdiction; tithes and spiritual dues; churches and the clergy; marriage and divorce; defamation; and crimes and criminal procedure. These subjects are examined using evidence from later medieval and early modern court records, and the volume seeks to place them within the context of formal canon law. The volume also places ecclesiastical jurisdiction within the context of English society and the English common law.
Categories: Law

The Oxford History of the Laws of England Volume II

The Oxford History of the Laws of England Volume II

871-1216 John Hudson John Hamilton Baker. at times doubts seem to have been expressed as to the acceptability even of temporary grants. Take the following lease of about 900: I, Bishop Denewulf, inform King Edward my lord about that ...

Author: John Hamilton Baker

Publisher: Oxford University Press

ISBN: 9780198260301

Category: History

Page: 956

View: 480

By 1216 the foundations of the English common law had been laid. This book assesses the development of law and society during the preceeding three centuries, including the Norman Conquest of 1066. It analyses the great legacy of the Anglo-Saxon realm, the impact of Norman custom, and the energetic contribution of the twelfth-century kings.
Categories: History

Kings as Judges

Kings as Judges

New York: Longman. ed. 1996b. The History of English Law: Centenary Essays on “Pollock and Maitland.” Oxford: Oxford University Press. 2012. The Oxford History of the Laws of England, Volume 2: 9001216.

Author: Deborah Boucoyannis

Publisher: Cambridge University Press

ISBN: 9781316731970

Category: Political Science

Page:

View: 581

How did representative institutions become the central organs of governance in Western Europe? What enabled this distinctive form of political organization and collective action that has proved so durable and influential? The answer has typically been sought either in the realm of ideas, in the Western tradition of individual rights, or in material change, especially the complex interaction of war, taxes, and economic growth. Common to these strands is the belief that representation resulted from weak ruling powers needing to concede rights to powerful social groups. Boucoyannis argues instead that representative institutions were a product of state strength, specifically the capacity to deliver justice across social groups. Enduring and inclusive representative parliaments formed when rulers could exercise power over the most powerful actors in the land and compel them to serve and, especially, to tax them. The language of rights deemed distinctive to the West emerged in response to more effectively imposed collective obligations, especially on those with most power.
Categories: Political Science

Married Life in the Middle Ages 900 1300

Married Life in the Middle Ages  900 1300

Hajnal, J., 'European marriage patterns in perspective', in Population in History. ... The Oxford History of the Laws of England. Vol. II, 871–1216 (Oxford, 2012). Hughes, Diane Owen, 'From brideprice to dowry in Mediterranean Europe', ...

Author: Elisabeth van Houts

Publisher: Oxford University Press

ISBN: 9780192519740

Category: History

Page: 280

View: 490

Married Life in the Middle Ages, 900-1300 contains an analysis of the experience of married life by men and women in Christian medieval Europe, c. 900-1300. The study focusses on the social and emotional life of the married couple rather than on the institutional history of marriage, breaking it into three parts: Getting Married - the process of getting married and wedding celebrations; Married Life - the married life of lay couples and clergy, their sexuality, and any remarriage; and Alternative Living - which explores concubinage and polygyny, as well as the single life in contrast to monogamous sexual unions. In this volume, van Houts deals with four central themes. First, the tension between patriarchal family strategies and the individual family member's freedom of choice to marry and, if so, to what partner; second, the role played by the married priesthood in their quest to have individual agency and self-determination accepted in their own lives in the face of the growing imposition of clerical celibacy; third, the role played by women in helping society accept some degree of gender equality and self-determination to marry and in shaping the norms for married life incorporating these principles; fourth, the role played by emotion in the establishment of marriage and in married life at a time when sexual and spiritual love feature prominently in medieval literature.
Categories: History

William the Conqueror

William the Conqueror

Autour de Lanfranc (1010–2010), 107–15 Holt, J. C., 'Politics and Property in Early Medieval England', Past and Present, ... Normandy and its Neighbours, 223–35 —— The Oxford History of the Laws of England, volume II: 871–1216 (Oxford, ...

Author: David Bates

Publisher: Yale University Press

ISBN: 9780300183832

Category: Biography & Autobiography

Page: 352

View: 961

Fifteen years in the making, a landmark reinterpretation of the life of a pivotal figure in British and European history In this magisterial addition to the Yale English Monarchs series, David Bates combines biography and a multidisciplinary approach to examine the life of a major figure in British and European history. Using a framework derived from studies of early medieval kingship, he assesses each phase of William’s life to establish why so many trusted William to invade England in 1066 and the consequences of this on the history of the so-called Norman Conquest after the Battle of Hastings and for generations to come. A leading historian of the period, Bates is notable for having worked extensively in the archives of northern France and discovered many eleventh- and twelfth-century charters largely unnoticed by English-language scholars. Taking an innovative approach, he argues for a move away from old perceptions and controversies associated with William’s life and the Norman Conquest. This deeply researched volume is the scholarly biography for our generation.
Categories: Biography & Autobiography

Royal Bastards

Royal Bastards

23 John Hudson, Oxford History of the Laws of England, 9001216 (Oxford: Oxford University Press, 2012) 2:445: “settlements concerning succession reached by [William's] own sons in 1091 and 1101 made clear that a son must have been born ...

Author: Sara McDougall

Publisher: Oxford University Press

ISBN: 9780198785828

Category:

Page: 336

View: 519

The stigmatization as 'bastards' of children born outside of wedlock is commonly thought to have emerged early in Medieval European history. Christian ideas about legitimate marriage, it is assumed, set the standard for legitimate birth. Children born to anything other than marriage had fewer rights or opportunities. They certainly could not become king or queen. As this volume demonstrates, however, well into the late twelfth century, ideas of what made a child a legitimate heir had little to do with the validity of his or her parents' union according to the dictates of Christian marriage law. Instead a child's prospects depended upon the social status, and above all the lineage, of both parents. To inherit a royal or noble title, being born to the right father mattered immensely, but also being born to the right kind of mother. Such parents could provide the most promising futures for their children, even if doubt was cast on the validity of the parents' marriage. Only in the late twelfth century did children born to illegal marriages begin to suffer the same disadvantages as the children born to parents of mixed social status. Even once this change took place we cannot point to 'the Church' as instigator. Instead, exclusion of illegitimate children from inheritance and succession was the work of individual litigants who made strategic use of Christian marriage law. This new history of illegitimacy rethinks many long-held notions of medieval social, political, and legal history.
Categories:

The Formation of the English Common Law

The Formation of the English Common Law

The crucial work on law in the period is by Patrick Wormald: The Making of English Law: King Alfred to the Twelfth ... J. G. H. Hudson, The Oxford History of the Laws of England, volume II: 871–1216 (Oxford, 2012), covers not just the ...

Author: John Hudson

Publisher: Routledge

ISBN: 9781351669979

Category: History

Page: 234

View: 707

The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law.
Categories: History

The Linguistic Past in Twelfth Century Britain

The Linguistic Past in Twelfth Century Britain

... ASE, 28 (1999), 201–223 'Intermarriage in Eleventh-Century England', in Normandy and Its Neighbours, 900–1250: Essays ... (Farnham: Ashgate, 2009), pp.421–432 The Oxford History of the Laws of England, Volume II: 871–1216 (Oxford: ...

Author: Sara Harris

Publisher: Cambridge University Press

ISBN: 9781316851555

Category: Literary Criticism

Page:

View: 729

How was the complex history of Britain's languages understood by twelfth-century authors? This book argues that the social, political and linguistic upheavals that occurred in the wake of the Norman Conquest intensified later interest in the historicity of languages. An atmosphere of enquiry fostered vernacular literature's prestige and led to a newfound sense of how ancient languages could be used to convey historical claims. The vernacular hence became an important site for the construction and memorialisation of dynastic, institutional and ethnic identities. This study demonstrates the breadth of interest in the linguistic past across different social groups and the striking variety of genre used to depict it, including romance, legal translation, history, poetry and hagiography. Through a series of detailed case studies, Sara Harris shows how specific works represent key aspects of the period's imaginative engagement with English, Brittonic, Latin and French language development.
Categories: Literary Criticism

The Old English Penitentials and Anglo Saxon Law

The Old English Penitentials and Anglo Saxon Law

The Practice of Penance, 900–1050. Woodbridge, UK: Boydell, 2001 . Harbus, Antonina. The Life of the Mind in Old English Poetry. Amsterdam: Rodopi, 2002. Helmholz, R. H. The Oxford History of the Laws of England, Vol.

Author: Stefan Jurasinski

Publisher: Cambridge University Press

ISBN: 9781316033333

Category: History

Page:

View: 665

Some of the earliest examples of medieval canon law are penitentials - texts enumerating the sins a confessor might encounter among laypeople or other clergy and suggesting means of reconciliation. Often they gave advice on matters of secular law as well, offering judgments on the proper way to contract a marriage or on the treatment of slaves. This book argues that their importance to more general legal-historical questions, long suspected by historians but rarely explored, is most evident in an important (and often misunderstood) subgroup of the penitentials: composed in Old English. Though based on Latin sources - principally those attributed to Theodore, Archbishop of Canterbury (d.690) and Halitgar of Cambrai (d.831) - these texts recast them into new ordinances meant to better suit the needs of English laypeople. The Old English penitentials thus witness to how one early medieval polity established a tradition of written vernacular law.
Categories: History