Maintenance in medieval England / Jonathan Rose.
2017
KD667.P83 R67 2017 (Map It)
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Details
Title
Maintenance in medieval England / Jonathan Rose.
Published
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.
Call Number
KD667.P83 R67 2017
ISBN
9781107043985 (hardback : alk. paper)
1107043980 (hardback : alk. paper)
1107043980 (hardback : alk. paper)
Description
xv, 409 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)961266590
Summary
This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.
Note
This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.
Bibliography, etc. Note
Includes bibliographical references (pages 380-397) and index.
Record Appears in
Table of Contents
List of Figures
vii
List of Tables
viii
Preface and Acknowledgments
ix
List of Abbreviations
xiii
List of Statutes and Other Legislation
xiv
1.
Introduction
1
2.
Evolution of Social Norms Relating to the Assistance of Others
13
Kinship, Community, and Charity
13
Good Lordship
17
3.
Legal Responses to the Corruption of Justice
30
Initial Statutes and Ordinances
30
Initial Petitions to the King, His Council, and Parliament
53
4.
Early Litigation, 1272--1327
65
Criminal Litigation
66
Civil Litigation
80
Conclusion
91
5.
Efforts to Deal with Corruption of Justice in the Reign of Edward III
95
Statutes Directed at Legal Abuse
95
Individual Petitions to the King and His Council
106
6.
Criminal and Civil Litigation in the Reign of Edward III
111
Criminal Litigation
112
Conspiracy Cases
114
Other Criminal Cases
129
Civil Litigation
140
Conclusion
146
7.
Maintenance and Medieval Literature
150
Traditional Forms of Literature
151
Other Types of Medieval Literature
168
Conclusion
176
8.
Changes in the Late Medieval Period
181
Maintenance and Related Litigation in the Late Medieval Period
181
Individual Petitions in the Late Medieval Period
195
Good Lordship Revisited
207
9.
Development of the Law of Maintenance: Legitimate Maintenance
218
Permissible Justifications for Intermeddling
218
Justifications and Conduct
221
10.
Development of the Law of Maintenance: Illegal Maintenance
249
Illegal Conduct
249
Payment of Money
256
Conclusion
267
11.
Livery
268
Initial Petitions and Statutes Regarding Livery, 1377--1411
273
Later Petitions and Statutes Regarding Livery, 1413--1485
285
Understanding the Livery Statutes
289
Criminal and Civil Livery Litigation
295
Evaluating the Impact of the Livery Statutes and Their Enforcement
306
12.
Achieving the Legislative Objectives of the Maintenance Statutes
316
Controlling the Abuse of Power
316
Another Possible Statutory Objective: Reducing Litigation
327
Maintenance Litigation as a Means of Harassment
330
13.
Conclusion
346
Medieval Developments Summarized
346
Later Developments
348
Retrospective
357
Appendix A
Summary of the Research
367
Appendix B
Livery Statutes, 1377--1485
371
Bibliography
380
Index
398