Abjuring the Realm

Author(s):  
William Chester Jordan

This chapter considers the factors that justified kings' and administrators' resort to the exile of large numbers of the criminal population. The relationship between the medieval English law of exile and the laws addressing felons and felonies is a complicated and, by modern reckoning, an unusual one. This is especially the case because two groups of people suspected of, or implicated in, felonies in the High Middle Ages regularly avoided the punishments which would have been meted out to them if they had been convicted in a court of law. One group was composed of men and women who, though not convicted of the crimes of which they were suspected, were in such bad repute that they were obliged to abjure (foreswear) the realm. The other comprised felons who confessed their crimes in sanctuary (on which, more shortly) or in other special circumstances, who also were obliged to abjure.

Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


2011 ◽  
Vol 1 (2) ◽  
pp. 292-325 ◽  
Author(s):  
Özen Odağ

This contribution focuses on three reader characteristics that potentially influence the ways in which men and women become engaged during reading: a reader’s gender, empathy and ability to critically and constructively perceive reality. These traits (in addition to biological sex) were assessed as part of an experimental reading study, and subsequently used to predict the variation in engagement during reading. Eighty-eight readers (50% female) took part in the study and read one of four narratives randomly assigned to them. Reader traits and reading engagement were assessed by questionnaire. Regression analyses showed that the relationship between biological sex and reading engagement is considerably more complex than mostly assumed: contrary to expectation, gender did not impact reading engagement in significant ways. In line with the hypothesis, however, higher levels of empathy, of critical thinking about mediated contents, and of constructively adopting narrative contents to one’s own life, significantly related to higher degrees of the reading engagement of men and women. Biological sex turned out to be significant for reading engagement only in combination with the other reader traits.


1987 ◽  
Vol 5 (2) ◽  
pp. 505-521 ◽  
Author(s):  
Morris S. Arnold

So portentous a title as I have contrived for tonight's lecture ought to come furnished with an appropriately bombastic beginning. In fact, it does not. Instead of concentrating on a beginning, I thought that we might more profitably focus our attention on the beginning, that is, on a time long before the sophisticated legal/administrative system of England's high middle ages had evolved. It will be interesting to get what peeks we can at the jurisprudential assumptions of, say, preconquest Englishmen. As Tom Green has recently demonstrated in his book on the criminal jury, these assumptions could exhibit a durability that had functional consequences for many centuries. If through the jury they could prevail against contrary official versions of what the substantive law was, as Green has shown, how much more potent could they be when the government was not inclined to oppose their effectuation?


2020 ◽  
pp. 232949652096818
Author(s):  
Di Di

This study explores how religious adherents construct their ideas regarding gender in Buddhist faith communities. Two temples, one in China and the other in the United States, both affiliated with the same international Buddhist headquarters, are situated in national contexts that endorse different macro-level gender norms. While leaders of both temples teach similar religious gender norms—specifically, that gender is unimportant for spiritual advancement—adherents do articulate gender differences in other respects. Buddhists at the temple in China believe that men and women differ but should be treated equally, with neither holding dominance over the other; meanwhile, U.S. practitioners also believe that everyone should be treated equally irrespective of gender, but they view men and women as essentially the same. A close analysis reveals that Buddhists at both temples recognize the distinctions between their religious and societal macro-level gender norms and navigate between these norms when constructing their own understandings of gender. This study highlights the influence of national context on the relationship between gender and religion, thereby contributing to and deepening our understanding of the subject.


1971 ◽  
Vol 2 (1) ◽  
pp. 59-66 ◽  
Author(s):  
Paul G. Forand

In antiquity and in the Middle Ages slavery played a significant role in the military, economic, political and social life of the Near East. Many studies have been made of these aspects of life, but little has been said in the context of Islam about the psychological bonds which, at least to some extent, characterize the relationship between slave or freedman and master. The institution of ‘mutual alliance’ also played an important part in Islamic history, and there were certain similarities between the relation of the ‘ally’ to the patron on the one hand, and of the freedman to the former master on the other. But it is the purpose of this discussion, in part, to point out some basic differences between the two relationships.


1970 ◽  
Vol 14 (3) ◽  
pp. 155-177
Author(s):  
C. M. McDowell

English law, as limited or modified, applies as one of the residual systems of law in Northern Nigeria, the other being customary law. The assumption underlying both the reception of English law and the retention of customary law was that both would be eroded and a new system would be created by local legislation and local decisions. While some erosion of both systems has taken place, such a process is necessarily slow and there remains a large area of law where the relationship of the received and retained law to local legislation is difficult to elaborate with any degree of precision. This is particularly true of the relationship of English law to the provisions of the Land Tenure Law and its predecessor, the Land and Native Rights Ordinance. The primary difficulty encountered in this context is the analogy which can be drawn between a lease in English form and the statutory right of occupancy, since the latter interest is granted by the appropriate authority normally, although not necessarily, for a definite term of years and may be governed by covenants which relate to rent, use and occupation, assignment and subletting, recovery of possession and so on.


2020 ◽  
Vol 134 ◽  
pp. 39-59
Author(s):  
Louis Sicking

Zuiderzee towns in the Baltic. ‘Vitten’ and ‘Vögte’ – Space and urban representatives in late-medieval ScaniaThe Scania peninsula in the southwest of present-day Sweden was one of the most important trading centres of medieval Northern Europe due to the seasonal presence of immense swarms of herring which attracted large numbers of fishermen and traders. Streching back from the beach of Scania were the so-called vitten, which the traders, grouped by region or city, held as their own, legally autonomous trade settlements, from the Danish King. Initially, these were seasonal trading colonies that were occupied only for the duration of the fair, which began in August and ended in November. In the late Middle Ages the vitten developed into miniature towns, modest off-shoots from the traders‘ mother city. The presence on a small peninsula (c 50 km2) of so many fishermen and merchants who did business together and came from different cities could easily have led to tensions and conflict. What was the relationship between the spatial arrangement of the vitten at Scania and the urban representatives of the vitten, the so-called vögte or governors? This question is addressed by focusing on the vitten of the Zuiderzee towns. Their vitten, among which were numbered those of eastern Zuiderzee cities like Kampen and Zutphen as well as those of western cities like Amsterdam, Brielle and Zierikzee, were part of the Hanse. However, the vitten of these cities have been virtually neglected in historiography. The territorial or local-topographical development of these vitten was characterized by regional concentration: the Zuiderzee vitten were located close or adjacent to one another. The new vitten of Zierikzee and Amsterdam bordered on that of Kampen. Traders from cities and towns without their own vitte were housed in a vitte of a neighboring city: those of Deventer and Zwolle, for instance, in the vitte of  Kampen, those of Enkhuizen and Wieringen in the Amsterdam vitte and those from Schouwen island in the vitte of Zierikzee. The vitten of the eastern Zuiderzee towns were founded at the beginning of the fourteenth century, that is on average half a century earlier than those of the western Zuiderzee towns. The count of Holland and Zealand initially appointed the Zierikzee vogt or governor for all his subjects. Later on, the cities in his counties then had their own governors, first appointed by the count, later by the city (with or without the count‘s approval). The development of the representation of Holland and Zeeland towns in Scania differs from what was characteristic of the eastern Zuiderzee towns. Neither the Count /Duke of Guelders nor the bishop of Utrecht (as overlord of the Oversticht) attempted to interfere with the individual towns‘ governors or the vitten. The trend towards territorialisation in Scania was unmistakable. Although foreign traders, by reason of their origins, were subject to the jurisdiction of their mother city (the personality principle), a fact reflected in the responsibility of the vogt for the citizens in question, they were also increasingly spatially limited in Scania. This was a consequence of the limited space available, of the pursuit of control over one’s own community, and of the goal of allowing different urban groups to live together peaceably, prevent conflicts and guarantee the conduct of international trade. In this way the vitten, in particular those of the Zuiderzee towns that were further away from their mother cities, can be understood as urban colonies overseas.


EGALITA ◽  
2012 ◽  
Author(s):  
Abdul Hakim Arief Suryadinata

The position of women in society is often regarded as second-class, making the backward condition and used as scapegoats for the backwardness of a society and nation. And even worse, the treatment of women by putting it as second-class communities are often mentioned as religious injunctions of Islam. On the other hand, there are those who want to empower women by giving women the freedom to freely, by demanding their equality with men in all aspects, without considering the differences that have been given by God to men and women. So what happens is the increasing number of family breakdown leading to divorce and loss of sosial community building. Hence<br />the need for reconstruction of a fair idea about the position of women, both on the relationship of women with men, as well as the position and role of women in family and society. Based on observations of the hadiths of the Messenger of Allah, it was shown that a Muslim woman at the time (shahabiyah) has had a very complex role in the community. Nevertheless, they do not leave their primary role in the family and still uphold the ethics<br />of religion in the publik domain.


Author(s):  
Gaunt Ian

This chapter examines what makes London so popular as a maritime arbitration centre. Chief among the reasons is the availability of a pool of arbitrators with a breadth of professional knowledge and experience, including not just lawyers but commercial men and women. It also discusses the perceived effect of the use of arbitration on the development of English law. On the one hand, the number of appeals going to the courts is such as to ensure that new precedents are produced in order to lend vibrancy to the law. On the other hand, some first instance decisions have shown a tendency on the part of judges to decide cases without sufficient sensitivity to commercial practice, leading to precedents that are hard for arbitrators to apply. The chapter also considers the major challenges faced by the London Maritime Arbitrators Association in maintaining London as the foremost centre for the resolution of shipping disputes.


Author(s):  
William Chester Jordan

At the height of the Middle Ages, a peculiar system of perpetual exile— or abjuration—flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. This book explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. The book weaves an historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. The book vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. The book provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.


Sign in / Sign up

Export Citation Format

Share Document