Choosing Chancery? Women's petitions to the late medieval court of Chancery

2021 ◽  
pp. 99-115
Author(s):  
Cordelia Beattie
2019 ◽  
Vol 37 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Merridee L. Bailey

Finding emotions in medieval and early modern sources is one of the more difficult challenges currently facing historians. The task of uncovering emotions in legal records is even more fraught. Legal sources were precisely crafted to meet legal requirements and jurisdictional issues. Equally, emotions were not part of the jurisdiction of any court in the late Middle Ages or early modern period and there was no legal interest in eliciting them from litigants. Why then would we begin to think it is possible to find emotions in these legal records? This article invites social and legal historians to begin considering these questions by investigating the emotions in cases brought into the court of Chancery between 1386 and 1558.


2019 ◽  
Vol 58 (4) ◽  
pp. 751-767 ◽  
Author(s):  
Cordelia Beattie

AbstractThis article uses fifteenth-century Chancery court bills to demonstrate how women negotiated solutions to social and legal disputes not just in Chancery but through a variety of legal jurisdictions. This approach sheds light on women's actions in courts where the records have not survived, and it also adds nuance to the long-running debate about whether equity was a more favorable jurisdiction for women than the common law. By bringing into view other jurisdictions—such as manorial, borough, and ecclesiastical ones—it demonstrates how litigants might pursue justice in a number of arenas, consecutively or concurrently. Some women approached Chancery because they did not think they would get justice in a lower court, while others were keen that their cases be sent back down so that they could be fully recompensed for the offences against them. A fuller understanding of the disputes to which Chancery bills refer complicates our understanding of why women “chose” Chancery. Chancery is only one piece of the puzzle of how women negotiated justice in late medieval England, but its records can also shed light on some of the missing pieces.


2018 ◽  
Author(s):  
David Harbecke

The existence of a parallel equity jurisdiction is a fascinating peculiarity of the legal tradition of common law. For centuries, the Court of Chancery was the most important of the English equity courts. Any investigation of the development of English equity law must therefore start here. Over the years, numerous studies have been written on the historical development of the Court of Chancery, which have, however, failed to adequately explain the peculiarity of its subject. By examining the late medieval sources from the perspective of modern legal theory and classifying the development in a broader European context, this book is intended to provide a better understanding of this at first glance irritating phenomenon.


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