Sanctuary and Crime in the Middle Ages, 400-1500

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Publisher :
ISBN 13 : 9780823292523
Total Pages : 292 pages
Book Rating : 4.2/5 (925 download)

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Book Synopsis Sanctuary and Crime in the Middle Ages, 400-1500 by : Karl Shoemaker

Download or read book Sanctuary and Crime in the Middle Ages, 400-1500 written by Karl Shoemaker and published by . This book was released on 2022 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sanctuary and Crime rethinks the history of sanctuary protections in the Western legal tradition. Until the sixteenth century, every major medieval legal tradition afforded protections to fugitive criminals who took sanctuary in churches. Sanctuary-seeking criminals might have been required to perform penance or go into exile, but they were guaranteed, at least in principle, immunity from corporal and capital punishment. In the sixteenth century, sanctuary protections were abolished throughout Europe, uprooting an ancient tradition and raising a new set of juridical arguments about law, crime and the power to punish. Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control, but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. This book seeks to integrate the history of sanctuary law with the history of criminal law in medieval Europe. It does so by first situating sanctuary law within the early Christian traditions of intercession and penance as well as late-imperial Roman law. The book then traces the transmission of Romano-Christian sanctuary legislation into the feuding traditions of early medieval Europe, showing how sanctuary law was an important emblem of Christian kingship and was integrated into a broad range of social, legal, ecclesiastical and political practices. By the late twelfth-century, sanctuary had been domesticated within the procedures of royal law in England. Unmoored from its taproots in penitential and intercessory practices, sanctuary became a central feature of the emergent law of felony in the early English common law. While sanctuary was widely recognized throughout late medieval Europe, medieval English records provide rich accounts of sanctuary in everyday medieval life and the book reflects the prominence of the English sources. The book concludes by examining the legal arguments in both English and Roman-canonical legal traditions that led to the restriction and abolition of sanctuary privileges in the sixteenth-century and which ushered in a new age of criminal law grounded in deterrence and a state-centered view of punishment and social control.

Sanctuary and Crime in the Middle Ages, 400-1500

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Author :
Publisher : Fordham Univ Press
ISBN 13 : 0823232689
Total Pages : 269 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Sanctuary and Crime in the Middle Ages, 400-1500 by : Karl Shoemaker

Download or read book Sanctuary and Crime in the Middle Ages, 400-1500 written by Karl Shoemaker and published by Fordham Univ Press. This book was released on 2011 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sanctuary law has not received very much scholarly attention. According to the prevailing explanation among earlier generations of legal historians, sanctuary was an impediment to effective criminal law and social control but was made necessary by rampant violence and weak political order in the medieval world. Contrary to the conclusions of the relatively scant literature on the topic, Sanctuary and Crime in the Middle Ages, 400-1500 argues that the practice of sanctuary was not simply an instrumental device intended as a response to weak and splintered medieval political authority. Nor can sanctuary laws be explained as simple ameliorative responses to harsh medieval punishments and the specter of uncontrolled blood-feuds. --

Women in the Medieval Common Law c.1200–1500

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Publisher : Routledge
ISBN 13 : 1134775903
Total Pages : 176 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Women in the Medieval Common Law c.1200–1500 by : Gwen Seabourne

Download or read book Women in the Medieval Common Law c.1200–1500 written by Gwen Seabourne and published by Routledge. This book was released on 2021-04-06 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the view of women held by medieval common lawyers and legislators, and considers medieval women’s treatment by and participation in the processes of the common law. Surveying a wide range of points of contact between women and the common law, from their appearance (or not) in statutes, through their participation (or not) as witnesses, to their treatment as complainants or defendants, it argues for closer consideration of women within the standard narratives of classical legal history, and for re-examination of some previous conclusions on the relationship between women and the common law. It will appeal to scholars and students of medieval history, as well as those interested in legal history, gender studies and the history of women.

Seeking Sanctuary

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Publisher : Oxford University Press
ISBN 13 : 0192519115
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Seeking Sanctuary by : Shannon McSheffrey

Download or read book Seeking Sanctuary written by Shannon McSheffrey and published by Oxford University Press. This book was released on 2017-06-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking Sanctuary explores a curious aspect of premodern English law: the right of felons to shelter in a church or ecclesiastical precinct, remaining safe from arrest and trial in the king's courts. This is the first volume in more than a century to examine sanctuary in England in the fifteenth and sixteenth centuries. Looking anew at this subject challenges the prevailing assumptions in the scholarship that this 'medieval' practice had become outmoded and little-used by the fifteenth and sixteenth centuries. Although for decades after 1400 sanctuary-seeking was indeed fairly rare, the evidence in the legal records shows the numbers of felons seeing refuge in churches began to climb again in the late fifteenth century and reached its peak in the period between 1525 and 1535. Sanctuary was not so much a medieval practice accidentally surviving into the early modern era, as it was an organism that had continued to evolve and adapt to new environments and indeed flourished in its adapted state. Sanctuary suited the early Tudor regime: it intersected with rapidly developing ideas about jurisdiction and provided a means of mitigating the harsh capital penalties of the English law of felony that was useful not only to felons but also to the crown and the political elite. Sanctuary's resurgence after 1480 means we need to rethink how sanctuary worked, and to reconsider more broadly the intersections of culture, law, politics, and religion in the years between 1400 and 1550.

Migrant Protest and Democratic States of Exception

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Publisher : Taylor & Francis
ISBN 13 : 1000918149
Total Pages : 122 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Migrant Protest and Democratic States of Exception by : Kathleen R. Arnold

Download or read book Migrant Protest and Democratic States of Exception written by Kathleen R. Arnold and published by Taylor & Francis. This book was released on 2023-08-11 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognizing the radical disparity between migration/border policy and constitutional law “inside these borders,” Kathleen R. Arnold focuses on two main forms of migrant protest to explore the meaning of resistance in a sovereign context: self-harming protest by detainees and faith-based sanctuary of individuals scheduled for detention. This activism creates a “democratic state of exception,” interrupting the legal process, altering discretionary forms of sovereign power, and enacting rights not formally granted; these efforts go beyond the assertion of liberal rights or merely restoring the rule of law (even if these are also goals), challenging the warfare state while constituting a demos that is formally illegible. Migrant Protest and Democratic States of Exception will be of interest to scholars, migrant advocacy professionals (including INGO and IGO officers), graduate students, and advanced undergraduate students in a variety of fields from legal studies to forced migration and refugee studies, political science, human rights, protest history, and contemporary movements.

Asylum and Sanctuary in History and Law

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Publisher : Universal-Publishers
ISBN 13 : 1599426161
Total Pages : 260 pages
Book Rating : 4.5/5 (994 download)

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Book Synopsis Asylum and Sanctuary in History and Law by : James Biser Whisker

Download or read book Asylum and Sanctuary in History and Law written by James Biser Whisker and published by Universal-Publishers. This book was released on 2021-05-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the history and evolution of sanctuary and asylum as a legal concept including treaties, laws, and court rulings by major geographic areas around the world, influences of Hebrew [Old Testament], classical sanctuary theory and practices, the Koran, and other Islamic-Arab regional accords and conventions. The authors' approach is well cited and suitable for those who want a good starting point for further study. Included in the book are chapters on the following topics: Sanctuary and Asylum, Jewish View of Asylum, Asylum History, Asylum in France, Asylum: History, Asylum in France, Asylum in Great Britain, Asylum in Germany, Asylum: Islamic Law, Asylum in International Treaties, Asylum in International Relations, Asylum in the United States, Asylum in the European Community, Asylum in Latin America, Asylum in Sub-Saharan Africa.

Jews and Crime in Medieval Europe

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Publisher : Wayne State University Press
ISBN 13 : 0814345603
Total Pages : 488 pages
Book Rating : 4.8/5 (143 download)

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Book Synopsis Jews and Crime in Medieval Europe by : Ephraim Shoham-Steiner

Download or read book Jews and Crime in Medieval Europe written by Ephraim Shoham-Steiner and published by Wayne State University Press. This book was released on 2020-11-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jews and Crime in Medieval Europe is a topic laced by prejudice on one hand and apologetics on the other. Beginning in the Middle Ages, Jews were often portrayed as criminals driven by greed. While these accusations were, for the most part, unfounded, in other cases criminal accusations against Jews were not altogether baseless. Drawing on a variety of legal, liturgical, literary, and archival sources, Ephraim Shoham-Steiner examines the reasons for the involvement in crime, the social profile of Jews who performed crimes, and the ways and mechanisms employed by the legal and communal body to deal with Jewish criminals and with crimes committed by Jews. A society’s attitude toward individuals identified as criminals—by others or themselves—can serve as a window into that society’s mores and provide insight into how transgressors understood themselves and society’s attitudes toward them. The book is divided into three main sections. In the first section, Shoham-Steiner examines theft and crimes of a financial nature. In the second section, he discusses physical violence and murder, most importantly among Jews but also incidents when Jews attacked others and cases in which Jews asked non-Jews to commit violence against fellow Jews. In the third section, Shoham-Steiner approaches the role of women in crime and explores the gender differences, surveying the nature of the crimes involving women both as perpetrators and as victims, as well as the reaction to their involvement in criminal activities among medieval European Jews. While the study of crime and social attitudes toward criminals is firmly established in the social sciences, the history of crime and of social attitudes toward crime and criminals is relatively new, especially in the field of medieval studies and all the more so in medieval Jewish studies. Jews and Crime in Medieval Europe blazes a new path for unearthing daily life history from extremely recalcitrant sources. The intended readership goes beyond scholars and students of medieval Jewish studies, medieval European history, and crime in pre-modern society.

The King's Felons

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Publisher : Oxford University Press
ISBN 13 : 019288770X
Total Pages : 401 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The King's Felons by : Margaret McGlynn

Download or read book The King's Felons written by Margaret McGlynn and published by Oxford University Press. This book was released on 2023-03-03 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The King's Felons examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment: benefit of clergy and sanctuary. Often reviled as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. The King's Felons explores the evolution of this approach over a period of sixty years, allowing us to see not only the internal development of both law and process, but the ways in which the judicial system responded to external pressures. The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existing understanding of the system in the later part of the century. Providing the first detailed study of criminal justice in the early Tudor period, The King's Felons highlights the role of the Church in the administration of criminal justice and reframes our understanding of many significant acts of the Reformation parliament. This book is a must-read for students and scholars of Tudor history, legal historians and those interested in the role of the church with regard to politics, law, and crime.

Sanctuary Practices in International Perspectives

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Author :
Publisher : Routledge
ISBN 13 : 0415673461
Total Pages : 290 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Sanctuary Practices in International Perspectives by : Randy K. Lippert

Download or read book Sanctuary Practices in International Perspectives written by Randy K. Lippert and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains a rich and up-to-date mix of specific substantive empirical case studies and theoretically-driven analyses from multiple disciplinary perspectives and is international in scope. This is the first time studies and discussion of sanctuary practices outside the US context (e.g., in the UK, Germany, the Nordic countries and Canada) and of recent developments within the US context (e.g., the New Sanctuary Movement), along with accounts of sanctuary as a mutating set of practices and spaces (e.g., pre-modern and terrorist sanctuary), have been brought together in one collection.

Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain

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Publisher : BRILL
ISBN 13 : 9004364951
Total Pages : 307 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain by :

Download or read book Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain written by and published by BRILL. This book was released on 2018-04-03 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve essays in Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain examine marches and margins as jurisdictional, legal, and social expressions of power, building upon the scholarship of Professor Cynthia J. Neville.

The Medieval Way of War

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Publisher : Routledge
ISBN 13 : 1317024184
Total Pages : 384 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Medieval Way of War by : Gregory I. Halfond

Download or read book The Medieval Way of War written by Gregory I. Halfond and published by Routledge. This book was released on 2016-03-09 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few historians have argued so forcefully or persuasively as Bernard S. Bachrach for the study of warfare as not only worthy of scholarly attention, but demanding of it. In his many publications Bachrach has established unequivocally the relevance of military institutions and activity for an understanding of medieval European societies, polities, and mentalities. In so doing, as much as any scholar of his generation, he has helped to define the status quaestionis for the field of medieval military history. The Medieval Way of War: Studies in Medieval Military History in Honor of Bernard S. Bachrach pays tribute to its honoree by gathering in a single volume seventeen original studies from an international roster of leading experts in the military history of medieval Europe. Ranging chronologically from Late Antiquity through the Later Middle Ages (ca. AD 300-1500), and with a broad geographical scope stretching from the British Isles to the Middle East, these diverse studies address an array of critical themes and debates relevant to the conduct of war in medieval Europe. These themes include the formation and implementation of military grand strategies; the fiscal, material, and administrative resources that underpinned the conduct of war in medieval Europe; and religious, legal, and artistic responses to military violence. Collectively, these seventeen studies embrace the interdisciplinarity and topical diversity intrinsic to Bachrach’s research. Additionally, they strongly echo his conviction that the study of armed conflict is indispensable for an accurate and comprehensive understanding of medieval European history.

A Cultural History of Law in the Middle Ages

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Publisher : Bloomsbury Publishing
ISBN 13 : 1350079278
Total Pages : 184 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis A Cultural History of Law in the Middle Ages by : Emanuele Conte

Download or read book A Cultural History of Law in the Middle Ages written by Emanuele Conte and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 500, the legal order in Europe was structured around ancient customs, social practices and feudal values. By 1500, the effects of demographic change, new methods of farming and economic expansion had transformed the social and political landscape and had wrought radical change upon legal practices and systems throughout Western Europe. A Cultural History of Law in the Middle Ages explores this change and the rich and varied encounters between Christianity and Roman legal thought which shaped the period. Evolving from a combination of religious norms, local customs, secular legislations, and Roman jurisprudence, medieval law came to define an order that promoted new forms of individual and social representation, fostered the political renewal that heralded the transition from feudalism to the Early Modern state and contributed to the diffusion of a common legal language. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Middle Ages presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

Bans, Walls, Raids, Sanctuary

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Publisher :
ISBN 13 : 0520305116
Total Pages : 184 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Bans, Walls, Raids, Sanctuary by : A. Naomi Paik

Download or read book Bans, Walls, Raids, Sanctuary written by A. Naomi Paik and published by . This book was released on 2020 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Just days after taking the White House, Donald Trump signed three executive orders targeting noncitizens-authorizing the Muslim Ban, the border wall, and ICE raids. The new administration's approach towards noncitizens was defined by bans, walls, and raids. This is the essential primer on how we got here, and what we must do to create a different future. Bans, Walls, Raids, Sanctuary shows that these features have a long history and have long harmed all of us and our relationships to each other. The 45th president's xenophobic, racist, ableist, patriarchal ascendancy is no aberration, but the consequence of two centuries of U.S. political, economic, and social culture. Further, as A. Naomi Paik deftly demonstrates, the attacks against migrants are tightly bound to assaults against women, people of color, workers, ill and disabled people, queer and gender non-conforming people. These attacks are neither un-American nor unique. By showing how the problems we face today are embedded in the very foundation of the US, this book is a rallying cry for a broad-based, abolitionist sanctuary movement for all"--

Excommunication and Outlawry in the Legal World of Medieval Iceland

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Publisher : BRILL
ISBN 13 : 9004461469
Total Pages : 190 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Excommunication and Outlawry in the Legal World of Medieval Iceland by : Elizabeth Walgenbach

Download or read book Excommunication and Outlawry in the Legal World of Medieval Iceland written by Elizabeth Walgenbach and published by BRILL. This book was released on 2021-05-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on excommunication, outlawry, and the connections between them in medieval Icelandic legal and literary sources. It argues that outlawry was a punishment shaped by the conventions and structures of excommunication as it developed in canon law.

Law and Society in Later Medieval England and Ireland

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Author :
Publisher : Routledge
ISBN 13 : 1317107764
Total Pages : 290 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law and Society in Later Medieval England and Ireland by : Travis R. Baker

Download or read book Law and Society in Later Medieval England and Ireland written by Travis R. Baker and published by Routledge. This book was released on 2017-09-22 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Uncertain Refuge

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812253442
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Uncertain Refuge by : Elizabeth Allen

Download or read book Uncertain Refuge written by Elizabeth Allen and published by University of Pennsylvania Press. This book was released on 2021-10-22 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An examination of sanctuary seeking in the literature of medieval England between the twelfth and the seventeenth centuries"--

Jacks, Knaves and Vagabonds

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Publisher : Waterside Press
ISBN 13 : 1909976768
Total Pages : 739 pages
Book Rating : 4.9/5 (99 download)

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Book Synopsis Jacks, Knaves and Vagabonds by : Gregory J Durston

Download or read book Jacks, Knaves and Vagabonds written by Gregory J Durston and published by Waterside Press. This book was released on 2020-09-02 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this welcome addition to his Crime History Series, Gregory Durston points to the lack of design and short-term expediency that typified Tudor law and order. But he also detects an emergent criminal justice system amidst royal patronage, protection, and the influence of wealthy magnates. Students of English history will have heard how benefit of clergy and the ‘neck verse’ might avoid a hanging, but what of other stratagems such as down-valuing stolen goods, cruentation, chance medley, pious perjury or John at Death (a non-existent culprit blamed by the accused and treated by juries as real); all devices used to mitigate the all-pervading death-for-felony rule. Together with other artifices deployed by courts to circumvent black-letter law the author also describes how poor, marginalised and illiterate citizens were those most likely to suffer unfairness, injustice and draconian punishment. He also describes the political intrigue and widescale corruption that were symptomatic of the era, alongside such diverse aspects as forfeiture of property, evidential ploys, the rise of the highwayman, religious persecution, witchcraft and infanticide crazes. At a time of shifting allegiances?—?and as Crown, church, judges, magistrates and officials wrestled over jurisdiction, central or local control, ‘ungodly customs’, laws of convenience or malleable definitions?—?never perhaps were facts or law so expertly engineered to justify or defend often curious outcomes. Part of Durston’s Crime History Series. Covers the entire Tudor era. Based on first-hand historical research. Fully referenced to hundreds of sources.