scholarly journals The Law as a Weapon in Marital Disputes: Evidence from the Late Medieval Court of Chancery, 1424–1529

2004 ◽  
Vol 43 (3) ◽  
pp. 291-316 ◽  
Author(s):  
Sara M. Butler
2019 ◽  
Vol 58 (4) ◽  
pp. 768-786 ◽  
Author(s):  
Teresa Phipps

AbstractWomen engaged in litigation in Nottingham's borough court as both plaintiffs and defendants for a variety of reasons relating to trade, household provisioning, misbehavior and interpersonal disputes. This article examines how women's litigation was determined by the doctrine of coverture and the way that women's marital status shaped and defined their experience of the law. In doing so, it explores how these pleas reveal the workings of the marital partnership within a late medieval English town. In order to contextualize the experiences of women “under coverture,” the article first traces the ways in which all manner of female marital and household identities were documented in the court records, analyzing the descriptors that court scribes attached to individual women's names. The article highlights inconsistency in the way that women's identities were recorded and in the way that the marital partnership was represented through the litigation of spouses in the borough court. The dual focus of this article not only adds new evidence to ongoing discussions of the nature of medieval coverture but also interrogates how we identify coverture and women's marital statuses based on the evidence of court records.


Author(s):  
Jody Enders

The rhetorical tradition demands a sense of humor. Thanks to the highly influential group of late medieval French lawyers and legal apprentices (Basochiens), we know that comedy is deeply imbricated in forensic rhetoric, declamation, and delivery (actio) as well as in the law itself. The farcical, forensic antics of the Society of the Basoche shed new light on the intertwined histories of law, rhetoric, theater, and performance studies. Inasmuch as over 200 French farces are extant—many obsessed with juridical discourse—it is clear that the comedic dimensions of rhetoric constitute far more than a silly footnote. Quite to the contrary, when learned medieval rhetoricians theorized and practiced comedy, they articulated not only a view of the five canons of rhetoric but also a dramatic response against the obscenity of social injustice. In so doing, they also showed the transcendence of an expression that remains popular today: That trial is a farce!


1891 ◽  
Vol 4 (6) ◽  
pp. 295
Author(s):  
G. C. ◽  
John Adams ◽  
Robert Ralston
Keyword(s):  
The Law ◽  

2002 ◽  
Vol 32 (4) ◽  
pp. 571-592 ◽  
Author(s):  
Lorraine Attreed

Throughout the later Middle Ages, English towns continued to augment both their legal privileges and the physical spaces in which they exercised them. Urban officials struggled to define civic identity as distinct from the rural, noble, and ecclesiastical power that surrounded them. Four case studies from Exeter, Shrewsbury, Norwich, and York allow in-depth explorations to be made of the ways in which towns defined physical and juridical space through lawsuits. The disputes and their pursuit before the law show clearly how urban space impacted territorial, legal, and ethnic identity in late medieval society.


2007 ◽  
Vol 43 ◽  
pp. 202-211
Author(s):  
Diana Wood

The medieval Church had strict disciplinary rules about how Sunday should be observed, but in England there was considerable diversity in interpreting and honouring them. The medieval English Sunday is a vast and challenging subject, yet despite this, and the controversy excited by the Sunday Trading Act of 1994 which allowed shops to open, it has excited little recent attention.The discipline of Sunday was laid down in the Third Commandment (Exod. 20: 8–11), where Christians were ordered to keep holy the Sabbath day and told ‘In it thou shalt not do any work.’ This was reinforced in canon law, in episcopal mandates, in commentaries, in theological treatises, in sermons, inpastoralia, and in popular literature. The Sunday Christ, the image of Christ surrounded by craftsmen’s tools, which enshrined the idea that Sunday working with such implements crucified him anew, adorned the walls of many late medieval English parish churches. Secular rulers, starting with Wihtred of Kent (695), included Sabbath-keeping in their legislation. Diversity occurred in the varying interpretations of the law on Sunday observance, and in the patchiness of its enforcement. The questions to be addressed here are, firstly, what actually constituted Sunday? Secondly, what were people supposed to do on Sundays, and did they do it? Finally, how well observed was the work prohibition as applied to Sunday trading?


1929 ◽  
Vol 3 (3) ◽  
pp. 365-375
Author(s):  
Serjeant A. M. Sullivan

Forty years ago in my old country the legal world was in a state of transition. The old order was changing in a great number of ways. The Judicature Act had just got into swing and although four Courts still opened in the hall beside the Liffey they were soon to be fused into one. These were at that time the Court of Chancery, the Court of Queen's Bench, the Court of Exchequer, and the Court of Common Pleas, and the doors of these four opened on the Central Hall and their names stood over them. The Court of Chancery stood by itself, but it was thought in those days that you had your choice of three Common Law Courts in which to have your case tried. If you had some merit on your side but thought that the law was against you, you issued your writ in the Queen's Bench, which was presided over by Mickey Morris, as he was invariably called although he was a lord, because Mickey had a good deal of common sense, a great deal of humanity, but his ideas of jurisprudence were peculiarly his own. On the other hand, if you were strongly of opinion that however iniquitous your client was, he had the law on his side, you issued your writ in the Court of Exchequer, presided over by Christopher Palles, the greatest judge before whom I have ever appeared. Christopher Palles decided according to what he believed to be the law, and would pay no attention to any other consideration that might be advanced before him.


1998 ◽  
Vol 2 (1) ◽  
pp. 56-89 ◽  
Author(s):  
ADM Forte

This article explores thejurimetric significance ofa phrase orformula, “kenning be kenning and course be course”, used in maritime law texts and disputes in late medieval and early modern Scotland and England. On open sea voyages, knowing one's position and using that knowledge to plot the next stage of the trip depended, not only on topographical knowledge ofcoasts and theirfeatures, but also on knowledge ofthe “kennings” (sightings, or the distances between two visible points of coastal topography) encountered on coastal voyages or at the end ofa sea-going passage, as well as knowledge ofthe “courses” to be sailed in the latter case. Knowing howfar a vessel had travelled was also crucial in actionsfor payment offreight pro rata itineris orfor payment of wages. The several versions of the Judgments of the Sea used in northern Europe stated what the law was in such disputes, but the remedies given were dependent on a calculation ofdistance in either kennings or courses. The Scottish contextfor this practice is explored in detail.


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