Crime Law And Society In The Later Middle Ages

This book provides an accessible collection of translated legal sources through which the exploits of criminals and developments in the English criminal justice system (c.1215–1485) can be studied. Drawing on the wealth of archival material and an array of contemporary literary texts, it guides readers towards an understanding of prevailing notions of law and justice and expectations of the law and legal institutions. Tensions are shown emerging between theoretical ideals of justice and the practical realities of administering the law during an era profoundly affected by periodic bouts of war, political in-fighting, social dislocation and economic disaster. Introductions and notes provide both the specific and wider legal, social and political contexts in addition to offering an overview of the existing secondary literature and historiographical trends. This collection affords a valuable insight into the character of medieval governance as well as revealing the complex nexus of interests, attitudes and relationships prevailing in society during the later Middle Ages.

This book represents the first full-length study of the English criminal trial in a crucial period of its development (1300-1550). Based on prime source material, The Criminal Trial in Later Medieval England uses legal treatises, contemporary reports of instructive cases, chancery rolls, state papers and court files and rolls to reconstruct the criminal trial in the later medieval and early Tudor periods. There is particular emphasis on the accusation process (studied in depth here for the first time, showing how it was, in effect, a trial within a trial); the discovery of a veritable revolution in conviction rates between the early fifteenth century and the later sixteenth (why this revolution occurred is explained in detail); the nature and scope of the most prevalent types of felony in the period; and the startling contrast between the conviction rate and the frequency of actual punishment. The role of victims, witnesses, evidence, jurors, justices and investigative techniques are analysed. John Bellamy is one of the foremost scholars in the field of English criminal justice and in The Criminal Trial in Later Medieval England gives a masterful account of what the medieval legal process involved. He guides the reader carefully through the maze of disputed and controversial issues, and makes clear to the non-specialist why these disputes exist and what their importance is for a fuller understanding of medieval criminal law. Those with a special interest in medieval law, as well as all those interested in how society deals with crime, will appreciate Professor Bellamy's clarity and wisdom and his careful blend of critical overview and new insights.

What is the difference between a stabbing in a tavern in London and one in a hostelry in the South of France? What happens when a spinster living in Paris finds knight in her bedroom wanting to marry her? Why was there a crime wave following the Black Death? From Aberdeen to Cracow and from Stockholm to Sardinia, Trevor Dean ranges widely throughout medieval Europe in this exiting and innovative history of lawlessness and criminal justice. Drawing on the real-life stories of ordinary men and women who often found themselves at the sharp end of the law, he shows how it was often one rule for the rich and another for the poor in a tangled web of judicial corruption.

This book breaks new ground in the study of crime and law enforcement in late medieval England using the reign of Henry V as a detailed case study. Dr Powell considers the subject on three levels: legal theory - academic, governmental, and popular thinking about the nature of law; legal machinery - the framework of courts and their procedures; and legal practice - the enforcement of the law in the reign of Henry V. There exists at present no other work devoted to setting the legal system of this period in its social and political context. Rejecting the traditional view of late medieval England as chronically lawless and violent, Dr Powell emphasizes instead the structural constraints on royal power to enforce the law, and the King's dependence on the co-operation of local society for the maintenance of his peace. Public order relied less on the coercive powers of the courts than the art of political management and the use of procedures for conciliation and arbitration at local level.

Crime is a matter of interpretation, and never was this truer than in the Middle Ages, when societies faced with new ideas and pressures were continually forced to rethink what a crime was -- and what was a crime. This collection undertakes a thorough exploration of shifting definitions of crime and changing attitudes toward social control in medieval Europe. These essays reveal how various forces in medieval society interacted and competed in interpreting and influencing mechanisms for social control. Drawing on a wide range of historical and literary sources -- legal treatises, court cases, statutes, poems, romances, and comic tales -- the contributors consider topics including fear of crime, rape and violence against women, revenge and condemnations of crime, learned dispute about crime and social control, and legal and political struggles over hunting rights.

First published to wide critical acclaim in 1973, England in the Later Middle Ages has become a seminal text for students studying this diverse, constantly changing period. The second edition of this book, while maintaining the character of the

Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.