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Journal articles on the topic 'Feudal England'
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1
Palmer, Robert C. "The Origins of Property in England." Law and History Review 3, no. 1 (1985): 1–50. http://dx.doi.org/10.2307/743696.
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The English common law of real property, as S.F.C. Milsom has argued, took shape between 1153 and 1215. The common law gave royal protection to free tenements, replacing feudal relationships as the primary bond structuring society. The law thus constituted the institutional core of the English state. But no Machiavellian monarch constructed the English state. Henry II was, rather, a king who presumed the morality and necessity of feudal relationships. His innovations, though intentional and carefully planned, were directed at narrower and less far-sighted ends. Other changes were the result of bureaucratic action. The complex interplay between present-oriented political or juridical decisions and bureaucratic rigor generated a legal system.
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Godfrey, Andy, and Keith Hooper. "Accountability and decision-making in feudal England: Domesday Book revisited." Accounting History 1, no. 1 (May 1996): 35–54. http://dx.doi.org/10.1177/103237329600100103.
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Saltman, Michael. "Feudal Relationships and the Law: A Comparative Enquiry." Comparative Studies in Society and History 29, no. 3 (July 1987): 514–32. http://dx.doi.org/10.1017/s0010417500014705.
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This essay is no more than a preliminary endeavor to examine analogies between principles of land tenure in the recent history of an East African society and what appear to be strikingly similar principles that obtained in the twelfth and thirteenth centuries in England. If these analogies are demonstrable with a reasonable degree of plausibility, a useful framework of reference may be established within which some broader theoretical issues can be discussed. One such issue is that, given a degree of structural similarity between two or more social systems, there might be a corresponding equivalence in the logic of legal thought in response to a common object of litigation—in this particular case, the subject of land tenure.
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Wang, Chaoqi. "On the Essence and Uniqueness of Shakespeare’s Tragedy in Hamlet." Learning & Education 9, no. 2 (November 10, 2020): 129. http://dx.doi.org/10.18282/l-e.v9i2.1425.
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Hamlet, written by Shakespeare, profoundly reveals the unbearable and dark feudal society in England. Although the works ended in tragedy, they did not find an entirely feasible way of social transformation. But Hamlett’s character, drama content and plot showed the advanced and unique spirit of humanism, revealing the huge gap between life and ideals. Therefore, the core content of this article is to study the characteristics of Hamlet, and then further explain its value to our society.
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BLAYDES, LISA, and ERIC CHANEY. "The Feudal Revolution and Europe's Rise: Political Divergence of the Christian West and the Muslim World before 1500 CE." American Political Science Review 107, no. 1 (January 28, 2013): 16–34. http://dx.doi.org/10.1017/s0003055412000561.
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We document a divergence in the duration of rule for monarchs in Western Europe and the Islamic world beginning in the medieval period. While leadership tenures in the two regions were similar in the 8th century, Christian kings became increasingly long lived compared to Muslim sultans. We argue that forms of executive constraint that emerged under feudal institutions in Western Europe were associated with increased political stability and find empirical support for this argument. While feudal institutions served as the basis for military recruitment by European monarchs, Muslim sultans relied on mamlukism—or the use of military slaves imported from non-Muslim lands. Dependence on mamluk armies limited the bargaining strength of local notablesvis-à-visthe sultan, hindering the development of a productively adversarial relationship between ruler and local elites. We argue that Muslim societies’ reliance on mamluks, rather than local elites, as the basis for military leadership, may explain why the Glorious Revolution occurred in England, not Egypt.
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Gül, Sinan. "“Hospitality to the Exile and Broken Bones to the Tyrant”: Early Modernity in Walter Scott’s Waverley." Prague Journal of English Studies 7, no. 1 (July 1, 2018): 27–44. http://dx.doi.org/10.1515/pjes-2018-0002.
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Abstract Published anonymously in 1814, Waverley; Or ‘Tis Sixty Years Hence is a historical novel by Sir Walter Scott which unfolds the story of a young English soldier, Edward Waverley, and his journey to Scotland. Regarded as the first historical novel, it contains elements of modernity, heralding a new upcoming era in England. Scott obviously displays the concept of the modern/modernity differently from the perception that writers are conveying today, but he hints at the emergence of a society detached from feudal customs in several aspects through the issue of union between England and Scotland. Highlighting the modern characteristics of Walter Scott’s Waverley, this paper argues that Scott employs elements of modernity in his novel long before their disclosure in literature and politics.
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Mehmeti, Sami. "Magna Carta And The Roman Law Tradition." SEEU Review 11, no. 1 (December 1, 2015): 139–44. http://dx.doi.org/10.1515/seeur-2015-0017.
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Abstract Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England.
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Keats-Rohan, K. S. B. "The Bretons and Normans of England 1066–1154: the Family, the Fief and the Feudal Monarchy." Nottingham Medieval Studies 36 (January 1992): 42–78. http://dx.doi.org/10.1484/j.nms.3.202.
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Jordan, William Chester. "Jews, Regalian Rights, And The Constitution In Medieval France." AJS Review 23, no. 1 (April 1998): 1–16. http://dx.doi.org/10.1017/s0364009400010011.
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It is fashionable to imagine a great dichotomy between the feudal monarchies in the West and the brittle, particularistic entity of the Holy Roman Empire of the German Nation. To Voltaire's mean-spirited gibe that the latter was neither holy, Roman, nor an Empire might be added that it was also not really German, since millions of Netherlanders, Italians, and Slavs, as well as Provencals and Savoyards, lived within its territorial limits. France and England, the stereotype goes, had achieved a precocious unity, at least in the thirteenth century. Nothing could be clearer, one might conclude, than the contrast between the great kingdoms of the West and the so-called Empire. The fashionable cliche even affects our understanding of Jewish life in the Middle Ages. Fritz Backhaus put the commonplace this way: “The territorial division (Zersplitterung) of Germany prevented a comprehensive expulsion [of the Jews] as could be carried out in England, France, and Spain.” This neat dichotomy is inadequate. At best it makes sense in a comparison between England and Germany. Only in England, a few exceptions aside, were the claims of a paramount lord, the king, to the control and exploitation of the Jews more or less uncontested by other secular authorities or by ecclesiastics in the role of secular lords.
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Graver, David. "The Théâtre du Soleil, Part Three: the Production of ‘Sihanouk’." New Theatre Quarterly 2, no. 7 (August 1986): 212–16. http://dx.doi.org/10.1017/s0266464x00002177.
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HELENECIXOUS's epic wittily and reverentially echoes elements of Shakespeare's history plays, but while Cixous maintains much of the formal patterns of interpersonal conflict and confrontation established by Shakespeare, she has a keen sense of how the tragic contradictions of the modern world differ from those of Renaissance England. Where Shakespeare's characters embody the collision between feudal, family-centred interests, the centralizing, rationalizing tendencies of absolute monarchy, and the anarchic displacements of the rapidly developing, individual-oriented entrepreneurial spirit, Cixous's characters embody the irreconcilable extremes of first-, second-, and third-world ideologies – multi-national capitalism, communist absolutism, and the indigenous cultural rhythms of an ancient, agrarian civilization.
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Pearce, Robert. ""DEFENDING AN ENGLISHMAN'S CASTLE” CAN I SELL MY HOUSE BUT CONTINUE LIVING IN IT? THE NORTH-EAST PROPERTY BUYERS LITIGATION." Denning Law Journal 27 (November 16, 2015): 178–203. http://dx.doi.org/10.5750/dlj.v27i0.1103.
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The maxim “an Englishman’s home is his castle” has its roots in Magna Carta. English land law has developed from a feudal system which emphasised the authority of the lord: in times long ago most occupiers of land were beholden in some way to their lord for their rights to the land, being obliged to give services in return for their landholding, and to demonstrate loyalty or fealty to their lord. The lords themselves had similar obligations to their lords, and ultimately to the King. Hence, it used to be said that all land in England was held directly or indirectly from the Crown.
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Holden, Brock W. "King John, the Braoses, and the Celtic Fringe, 1207–1216." Albion 33, no. 1 (2001): 1–23. http://dx.doi.org/10.1017/s0095139000066357.
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In 1210, King John led to Ireland an army that consisted of the feudal levy of England, mercenary knights from Flanders, and a large force of Serjeants and crossbowmen, supported in the course of the campaign by some seven hundred ships. Money paid out for the ships totalled over £3,800, while wages for the crossbowmen and Serjeants topped £2,380. The 1210 Irish expedition was an impressive operation and showed Angevin government at its most effective. Modern historians, needless to say, have been impressed by the organisation and scale of the undertaking. What makes John’s Irish campaign not only impressive but terrifying was that, in one sense, it was all done to hunt down one man and his family.
13
Holt, J. C. "Presidential Address: Feudal Society and the Family in Early Medieval England: IV. The Heiress and the Alien." Transactions of the Royal Historical Society 35 (December 1985): 1. http://dx.doi.org/10.1017/s0080440100017680.
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Banaji, Jairus. "Late Antiquity to the Early Middle Ages: What Kind of Transition?" Historical Materialism 19, no. 1 (2011): 109–44. http://dx.doi.org/10.1163/156920611x564680.
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AbstractThe stereotype of slave-run latifundia being turned into serf-worked estates is no longer credible as a model of the transition from antiquity to the middle ages, but Chris Wickham’s anomalous characterisation of the Roman Empire as ‘feudal’ is scarcely a viable alternative to that. If a fully-articulated feudal economy only emerged in the later middle ages, what do we make of the preceding centuries? By postulating a ‘general dominance of tenant production’ throughout the period covered by his book, Wickham fails to offer any basis for a closer characterisation of the post-Roman rural labour-force and exaggerates the degree of control that peasants enjoyed in the late Empire and post-Roman world. A substantial part of the rural labour-force of the sixth to eighth centuries comprised groups who, like Rosamond Faith’s inland-workers in Anglo-Saxon England, were more proletarian than peasant-like. The paper suggests the likely ways in which that situation reflected Roman traditions of direct management and the subordination of labour, and outlines what a Marxist theory of the so-called colonate might look like. After discussing Wickham’s handling of the colonate and slavery, and looking briefly at the nature of estates and the fate of the Roman aristocracy, I conclude by criticising the way Wickham uses the category of ‘mode of production’.
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Withington, Phil. "Introduction—Citizens and Soldiers: the Renaissance Context." Journal of Early Modern History 15, no. 1-2 (2011): 3–30. http://dx.doi.org/10.1163/157006511x551427.
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AbstractThis introduction has two concerns. It outlines how urban citizens and professional soldiers have been relatively neglected by social historians of England, Scotland, Ireland, and the wider world and shows why both social groups should be taken much more seriously. It then traces the cultural antecedents which shaped idealizations of citizens and soldiers in Britain, Ireland and the wider world from the later sixteenth century. Recent accounts have positioned soldiers and citizens at opposing ends of the cultural spectrum: soldiering is seen as chivalric and neo-feudal, urban citizenship as an incubator for modern capitalist values. This article argues, in contrast, that “ancient” templates were crucial to modern constructions of both social types, contemporary theorists drawing on the same repertoire of classical and biblical learning to idealize citizen and soldier alike. The result was that citizens were encouraged to behave like soldiers and soldiers like citizens. In this way, the corporate practices of citizenship and soldiering were crucial conduits for the dissemination of Renaissance humanism across England, Ireland, Scotland, and the wider world.
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Walker, Sue Sheridan. "Feudal Constraint and Free Consent in the Making of Marriages in Medieval England: Widows in the King’s Gift." Historical Papers 14, no. 1 (April 26, 2006): 97–110. http://dx.doi.org/10.7202/030837ar.
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Résumé Les documents administratifs et légaux de l'Angleterre médiévale attestent que le seigneur recevait des compensations financières en conséquence des droits qu'il détenait sur le mariage de ses vassaux, de leurs héritiers et de leurs veuves. C'est particulièrement sur le problème du remariage de ces dernières que cet article se penche. L'auteur se demande si ces droits laissaient une place au libre choix de la veuve, si la coutume anglaise a évolué dans le même sens que le droit canon en ce qui a trait au libre consentement des époux, et, si les querelles découlant de ces droits concernaient plus l'aspect de la taxation que celui des droits fondamentaux de la personne. Il semble bien qu'au cours du treizième siècle, les veuves jouissaient effectivement du droit de choisir leur époux. Evidemment, elles devaient satisfaire aux droits du seigneur mais ces droits étaient maintenant beaucoup plus perçus comme une forme de revenus que comme le privilège de désigner l'époux. Plusieurs veuves, il est vrai, n'achetaient pas leur droit au libre choix et continuaient de laisser au seigneur le soin de leur attribuer un nouvel époux ; par contre, plusieurs autres se mariaient sans permission quitte à payer ensuite l'amende imposée ; enfin, il arrivait aussi qu'une veuve consente à se faire enlever, peut-être dans le but d'éviter la sanction pécuniaire. Somme toute, les veuves étaient maintenant maîtresses de leur remariage même si elles devaient pour cela offrir une compensation financière. La Grande Charte, en insistant sur le libre consentement, s'harmonisait fort bien avec le droit canon et anticipait ainsi la pratique future.
17
Hollis, Daniel W. "The Crown Lands and the Financial Dilemma in Stuart England." Albion 26, no. 3 (1994): 419–42. http://dx.doi.org/10.2307/4052601.
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One of the few remaining points of agreement among Stuart scholars is that the Crown's political difficulties, especially the conduct of foreign affairs and wars, stemmed in large part from inadequate revenues. The Crown's “ordinary income”—so named by scholars but not by law or tradition—was eroded in the early seventeenth century by inflation, royal extravagance, and increased demands upon government. The bulk of the ordinary income came from the Crown lands whose traditional structures and management were unable to compensate for inflation. B. P. Wolffe has shown that medieval monarchs had never viewed Crown lands as a source of revenue in the same manner as parliamentary taxes or the customs. Rather, Crown lands were used primarily for the uneconomical purpose of providing royal bounty to political elites. Wallace MacCaffrey has argued that the royal clients in the bounty system shifted during the Tudor era from the feudal barons to an emerging state bureaucracy. Moreover, by the seventeenth century the list of clients grew again to include members of Parliament, especially the Commons which increasingly held the fate of royal finances in their hands. Finally, Linda Levy Peck has emphasized another profoundly entrenched English attitude, modeled after classical Roman authorities: the Crown must husband its resources against waste or corruption lest it become impoverished and the body politic decay. A monarch without ample treasure could command neither private (i.e., clients) nor public (i.e., national policy) authority.
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Hooper, Keith. "THE CELY SHIPPING ACCOUNTS: ACCOUNTABILITY AND THE TRANSITION FROM ORAL TO WRITTEN RECORDS." Accounting Historians Journal 22, no. 2 (December 1, 1995): 85–115. http://dx.doi.org/10.2308/0148-4184.22.2.85.
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The records of a voyage from London to Bordeaux during 1486–87 are reviewed. The voyage was the first of a regular pattern of trading voyages conducted on behalf of the Cely family who traded English wheat and wool for Bordeaux wine. This family were fifteenth century London merchants whose accounts and other papers are held by the London Public Record Office. Secondary sources are used to show that by the late fifteenth century many English merchants were attracted to overseas trade, which despite considerable risks, offered the prospect of a good return. The paper illustrates some features of medieval accounting, especially the problem of accountability and control, when direct oversight was not possible. The expansion of English shipping and overseas trade was accompanied by the development of written records and the replacement of oral systems of accountability common in feudal England.
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Hodgson, G. M. "1688 and all that: Property rights, the Glorious Revolution and the rise of British capitalism." Voprosy Ekonomiki, no. 11 (November 20, 2017): 63–92. http://dx.doi.org/10.32609/0042-8736-2017-11-63-92.
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In a seminal 1989 article, Douglass North and Barry Weingast argued that by making the monarch more answerable to Parliament, the Glorious Revolution of 1688 helped to secure property rights in England and stimulate the rise of capitalism. Similarly, Daron Acemoglu, Simon Johnson, and James Robinson later wrote that in the English Middle Ages there was a “lack of property rights for landowners, merchants and proto-industrialists” and the “strengthening” of property rights in the late 17th century “spurred a process of financial and commercial expansion”. There are several problems with these arguments. Property rights in England were relatively secure from the 13th century. A major developmental problem was not the security of rights but their feudal nature, including widespread “entails” and “strict settlements”. 1688 had no obvious direct effect on property rights. Given these criticisms, what changes promoted the rise of capitalism? A more plausible answer is found by addressing the post-1688 Financial and Administrative Revolutions, which were pressured by the enhanced needs of war and Britain’s expanding global role. Guided by a more powerful Parliament, this new financial system stimulated reforms to landed property rights, the growth of collateralizable property and saleable debt, and thus enabled the Industrial Revolution.
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HODGSON, GEOFFREY M. "1688 and all that: property rights, the Glorious Revolution and the rise of British capitalism." Journal of Institutional Economics 13, no. 1 (October 10, 2016): 79–107. http://dx.doi.org/10.1017/s1744137416000266.
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AbstractIn a seminal 1989 article, Douglass North and Barry Weingast argued that by making the monarch more answerable to Parliament, the Glorious Revolution of 1688 helped to secure property rights in England and stimulate the rise of capitalism. Similarly, Daron Acemoglu, Simon Johnson, and James Robinson later wrote that in the English Middle Ages there was a ‘lack of property rights for landowners, merchants and proto-industrialists’ and the ‘strengthening’ of property rights in the late 17th century ‘spurred a process of financial and commercial expansion’. There are several problems with these arguments. Property rights in England were relatively secure from the 13th century. A major developmental problem was not the security of rights but their feudal nature, including widespread ‘entails’ and ‘strict settlements’. 1688 had no obvious direct effect on property rights. Given these criticisms, what changes promoted the rise of capitalism? A more plausible answer is found by addressing the post-1688 Financial and Administrative Revolutions, which were pressured by the enhanced needs of war and Britain's expanding global role. Guided by a more powerful Parliament, this new financial system stimulated reforms to landed property rights, the growth of collateralizable property and saleable debt, and thus enabled the Industrial Revolution.
21
Palmer, Robert C. "The Economic and Cultural Impact of the Origins of Property: 1180-1220." Law and History Review 3, no. 2 (1985): 375–96. http://dx.doi.org/10.2307/743634.
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The development of property in England between 1176 and 1220 was the result of a complicated interaction between social mores made law and bureaucratic action. In the Assize of Northampton, Henry II undertook regular supervision of proprietary decisions to prevent his men from preparing a rebellion like that of 1173-74. The supervision assumed peacetime feudal norms, but in the hands of bureaucratic justices even prior to 1200 this supervision increasingly restricted lords' power to discipline their tenants, at a time when disciplinary power was far more important than proprietary decisions. By 1220, the relative importance of proprietary matters and disciplinary power had been reversed. But proprietary action by the lord was so attenuated that seisin—lawful possession—was possible now even without lordly acceptance. Such insulation of the tenant from his lord was a bond established between the tenant and his tenement: property.
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DeAragon, RaGena C. "Frank Barlow. The Feudal Kingdom of England, 1042–1216. Fourth Edition. New York: Longman, Inc.1988. Pp. xiv, 478. $18.95." Albion 21, no. 2 (1989): 284–85. http://dx.doi.org/10.2307/4049931.
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Kuehn, Thomas. "A Late Medieval Conflict of Laws: Inheritance by Illegitimates in Ius Commune and Ius Proprium." Law and History Review 15, no. 2 (1997): 243–73. http://dx.doi.org/10.2307/827652.
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In the wake of the demolition of the Berlin Wall and the erection of the Maastricht Treaty, intense debate rages over all factors contributing to both unity and diversity in Europe. While issues circulating around markets, currency, and national sovereignty receive greater play in the media, the discussion of parallel issues of European legal unity has been more longstanding. The case can be made that Europe (with the exception of England) has long had a great degree of legal unity. The Roman civil law and the canon law of the church, with some texts of feudal law, became a common learned law, the ius commune, developed and disseminated in the universities in the Middle Ages. This written legal heritage spread from Italian schools, beginning with Bologna, and was “received” in Germany, France, Spain, and even Scotland in the course of the sixteenth century. It was displaced finally with nineteenth-century codifications of national law, which strove to enshrine the legislatively enunciated genius and uniqueness of the nation.
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Van Caenegem, R. C. "The European Nation State: A Great Survivor." European Review 21, no. 1 (January 31, 2013): 28–40. http://dx.doi.org/10.1017/s106279871200018x.
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Today Europe consists of a great number of nation states – some large like Germany, some small like Latvia – where nationhood coincides with statehood. This situation is the result of political upheavals, such as the Italian resorgimento and the waning of the Ottoman Empire in the nineteenth century, and the dismemberment of the Austro-Hungarian Empire and the collapse of the Soviet Union and Communist Yugoslavia in the twentieth century. The process is still going on and the United Kingdom may one day be divided into three nation states, England, Scotland and Ireland. The author explores the origins of the modern state after Europe had passed through the tribal and feudal phases (fifth–twelfth centuries) and the role of the Church in the success of the late medieval monarchies, while making clear that the Church also thwarted their ambition to achieve full sovereignty. The author finally wonders what encouraged the European peoples to achieve independence and national statehood.
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Tardif, Alain. "Research on Petrus de Bellapertica: portrait of a discrete Chancellor." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 77, no. 3-4 (2009): 385–421. http://dx.doi.org/10.1163/004075809x12488525623137.
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AbstractAfter nearly twenty years of teaching Roman law at Orléans (1278–1296), Petrus de Bellapertica was called to sit in King Philip the Fair's council. Bellapertica, sometimes referred to as “the father of experts”, was valued for his experience in all the major political negotiations of the decade during which he held office in the King's service. These issues included the ecclesiastical tithes, the peace negotiations with the Empire and with England, the conflicts with some of the most powerful feudal lords in the realm, and the great dispute with pope Boniface VIII against the backdrop of the confrontation between spiritual and temporal power. Bellapertica may be credited with the Reform Ordinance of March 1303, with the coronation of pope Clement V in Lyons, and with bringing Lyons closer into the orbit of the French kingdom through the “Philippines” treaties. Unable to prevent the trial of the Templars, he left the political scene three months before he died on 17 January 1308.
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Bolton, Carol. "Through Spanish Eyes: Robert Southey's Double Vision in Letters from England: By Don Manuel Alvarez Espriella (1807)." Victoriographies 2, no. 1 (May 2012): 1–14. http://dx.doi.org/10.3366/vic.2012.0056.
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In Letters from England, written ostensibly from Don Manuel Espriella to his family at home in Spain, Southey declares he will also incorporate ‘what I think respecting this country and these times’ (‘Letter to Charles Watkin Williams Wynn’). One of the aspects of society that concerned Southey was the state of the labouring classes and the detrimental effect of industrialisation on rural life. His Spanish tourist, who is ‘bigoted to his religion, and willing to discover such faults and such symptoms of declining power here as may soothe or gratify [his] natural inferiority’, makes a comparative study of the treatment of the poor in England and Spain (‘Letter to Charles Watkin Williams Wynn’). Espriella comments negatively on the growth of manufacturing industries, the effects of the enclosure acts, and the migration of rural communities to the cities. He suggests that the English nation has lost its once stable social order, when landowners and religious institutions felt a moral obligation for the welfare of the peasantry. And, despite Southey's antipathy towards the Catholic faith after his visits to Spain (in 1795–6 and 1800–1), he states Espriella's conviction that shared religious belief is a cohesive force that binds hierarchical society together. With the help of his Spanish alter-ego, Southey invokes an idealised, English feudal past to oppose contemporary legislative solutions to rural poverty, such as workhouses and poor laws. Espriella's reverence for ancient historical sites, his criticism of commercialism, and his concern that new religious sects will imperil the religious and social order, would seem to belie his nationality and his youth. However, they complement Southey's argument that the treatment of the rural poor is one more symptom of how far England has travelled from its Arcadian past. In this article, the ‘double vision’ of Letters from England is examined to demonstrate how Southey interweaves the observations of his European commentator into the British social politics that he seeks to present.
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Dingle, Lesley. "Conversations with Emeritus Professor Stroud Francis Charles (Toby) Milsom: A Journey from Heretic to Giant in English Legal History." Legal Information Management 12, no. 4 (December 2012): 305–14. http://dx.doi.org/10.1017/s1472669612000679.
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AbstractLesley Dingle, founder of the Eminent Scholars Archive at Cambridge, gives a further contribution in this occasional series concerning the lives of notable legal academics. On this occasion, the focus of her attention is Stroud Francis Charles (Toby) Milsom QC BA who retired from his chair of Professor of Law at the University of Cambridge in 2000 after a distinguished career as a legal historian at the universities of Oxford, London School of Economics and St John's College Cambridge. His academic life and contentious theories on the development of the Common Law at the end of the feudal system in England were discussed in a series of interviews at his home in 2009. At the core are aspects of his criticism of the conclusions of the nineteenth century historian Frederick William Maitland, upon which the teaching of the early legal history of England was largely based during much of the 20th century. Also included are insights into his research methods in deciphering the parchment Plea Rolls in the Public Records Office, and anecdotes relating to his tenure as Dean at New College Oxford (1956–64) as well as associations with the Selden Society: he was its Literary Director, and later President during its centenary in 1987. Professor Milsom also briefly talked of his memories of childhood during WWII and his inspirational studies as a student at the University of Pennsylvania (1947–48).
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Clark, Elaine. "The Custody of Children in English Manor Courts." Law and History Review 3, no. 2 (1985): 333–48. http://dx.doi.org/10.2307/743632.
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Very little is known about the young and the orphaned in the villages of medieval England. The span of years constituting childhood as well as the social experiences peculiar to youth must be deduced from either literary sources, including the comments of chroniclers and priests, or legal records generated by coroners, jurors and feudal lords. The variety and scope of this evidence notwithstanding, certain questions about the care of children in the rural world remain unresolved. Did peasants view childhood as a period of protected dependency, and at what age did childhood cease? How did the change in status from child to adult take place? There was, it seems, no public proclamation, no elaborate ceremony or ritual. Instead it appears that children quietly entered the adult world as soon as they no longer were dependent on their mothers and nurses. Indeed the dependency of medieval children now has the semblance of brevity, neither prolonged by families nor subject to broader constraint. But does this appearance fully account for the passage of childhood in peasant society?
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Tapash, Rudra. "Manifestation of 18th century literary movement through Sir Walter Scott’s Ivanhoe: History has been rewritten." International Journal of Language Teaching and Education 2, no. 2 (August 3, 2018): 176–83. http://dx.doi.org/10.22437/ijolte.v2i2.5003.
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The nationalist feeling is agitating again today. As far as the new and ultra-developed global scenario is concerned, a huge facet of exotic invasiveness is up for grab. People of the modern era are in the thought process that their native country might be under serious threat; even though; they would remain silent until their entity rattles. The national tale before Ivanhoe reflects national character as a synecdoche of an unchanging cultural space; here patriotism is a self-evident legacy, the result of unbroken continuity and a populist community that unites aristocracy and folks. Arguably, Sir Scott for the first time, enlightens the vision of national continuity through the forcible, often violent, entry into history that does the feudal folk community become a nation. Patriotism is a positive thing for every nation and its people. It’s undoubtedly a notion of proud and passion. But here in the novel Ivanhoe, the other aspect of patriotism has been also highlighted, which has the notion of negativity and intolerance. However, we should keep in mind the time when Sir Scott was writing the novel. This was the period where just the resentment happened between France and England. In fact, the novel Ivanhoe was published (1819) just after few years of Napoleonic Wars, where eventually, England went on victorious after the defeat of Napoleon Bonaparte at the Battle of Waterloo. Therefore, against this historical backdrop, the continuous struggle in Ivanhoe between domineering Normans (French) and honest Englishmen (Saxon and their allies) took on center stage to redefine the concept of patriotism.
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Wessels, Johan Andries. "CULTURAL POLARITIES IN FRANCES HODGSON BURNETT’S CHILDREN’S BOOKS." Mousaion: South African Journal of Information Studies 34, no. 2 (October 26, 2016): 67–82. http://dx.doi.org/10.25159/0027-2639/760.
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Frances Hodgson Burnett was the product of two cultures, British and American. An interest in the relations between these two cultures pervades her work and forms a significant thematic thread. This article investigates the articulation of such tensions in Burnett’s three most famous children’s books. The cultural polarities at issue in Little Lord Fauntleroy ([1886] 1899), the earliest of the three novels under consideration, are closest to the tensions in Burnett’s own life as a British American. In this novel, Burnett manages to reconcile the American egalitarianism of the protagonist’s early childhood values with an almost feudal concept of noblesse oblige, and it is suggested that this conceptualisation remains imperative also in her later works. In A little princess ([1905] 2008) and The secret garden ([1911] 1968), imperial India is set against England as the primary polarity. Burnett’s exposition is shown to conform to Edward Said’s notions of Orientalism, showing India to constitute an almost archetypal image of the Other, yet the novels are critical of imperialism as causing the distortion of the imperialist as would later be defined by Orwell in Shooting an elephant and other essays (1950). It is suggested that in spite of an ostensible classlessness, the novels express a profoundly conservative and hierarchical vision.
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Cvorovic, Zoran. "Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view." Zbornik Matice srpske za drustvene nauke, no. 154 (2016): 19–36. http://dx.doi.org/10.2298/zmsdn1654019c.
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This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court?s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character?ized by passive court. In continental tradition it also consequently indicates a weak state.
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Filho, Marcílio Toscano Franca. "Westphalia: a Paradigm? A Dialogue between Law, Art and Philosophy of Science." German Law Journal 8, no. 10 (October 1, 2007): 955–75. http://dx.doi.org/10.1017/s2071832200006118.
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On 23rd June 2007, after three years of uncertainty, European Union leaders agreed on relaunching the old idea of a Magna Charta for Europe (now called “the Reform Treaty”), a normative structure based on the old ideas of deference to national identities, sovereignty and equality. To many authors, the first time that juridical equality between states was solemnly stated was in the aftermath of the Thirty Years’ War (1618-1648), in the Westphalia Peace Treaties, representing the beginning of modern international society established in a system of states, and at the same time, “the plain affirmation of the statement of absolute independence of the different state orders.” In fact, under an Eurocentric conception of political ideas (which envisages England as an isolated island and Iberia as Maghreb, north of Africa), the modern state emerges with the Westphalia Peace Treaties. However, under a broader conception, the modern nation-state (under the form of absolute monarchy) emerged long before the Westphalia Peace Treaties, in Iberia and England. Nevertheless, it is in these documents which lies the “birth certificate” of the modern sovereignty nation-state, base of the present democratic state, and “founding moment” of the international political system. Far beyond this merely formal aspect, the importance of the Westphalia Peace Treaties is so great to the understanding of the notion of state that Roland Mousnier, in describing the 16th and 17th centuries in the General History of the Civilizations, organized by Maurice Crouzet, asserts that those treaties symbolized a real “constitution of the new Europe,” a multifarious Europe, plural and very distant from the religious unit of Christianity, from the political unit of the Holy Roman Empire, and from the economical unit of the feudal system. Constitutions are especially important because they establish the rules for the political authority, they determine who governs and how they govern: “[I]n codifying and legitimating the principle of sovereign statehood, the Westphalian constitution gave birth to the modern states-system.”
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Wilks, Michael. "Thomas Arundel of York: The Appellant Archbishop." Studies in Church History. Subsidia 12 (1999): 57–86. http://dx.doi.org/10.1017/s0143045900002453.
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History in a very religious or ideologically inspired society is always liable to become a victim of propaganda. A concern for what is right takes precedence over what actually happens, and the justification of events replaces the accurate recording of them: there is what may be termed virtuous reality. In such a climate evidence has not only to be rigorously tested and questioned, but close attention has also to be given to what is not recorded or omitted. At no time in English history is this more true than the years around 1400, when justification of a new government required the condemnation of the reign that had gone before. It is well known that the domestic chronicles of the period are a striking example of Hobbes’s dictum that in an intolerant society ‘imagination and memory are but one thing’. Despite the long centuries of struggle within virtually all medieval kingdoms for supremacy between laity and clergy, the contest ofregnumandsacerdotium, which reached a climax in England during the fourteenth century, the sources - and therefore modern historians -have concentrated upon an alternative, purely secular interpretation of events. The drama of the later 1390s, which saw the deposition of both Archbishop and King, is treated as if it were all a straightforward contest between absolute and limited kingship, in which a feudal aristocracy sought justice against a tyrannical ruler, and this has served to obscure the overriding significance of the crisis as a matter of ecclesiastical history.
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BROAD, JOHN. "The fate of the Midland yeoman: tenants, copyholders, and freeholders as farmers in North Buckinghamshire, 1620–1800." Continuity and Change 14, no. 3 (December 1999): 325–47. http://dx.doi.org/10.1017/s0268416099003367.
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The history of rural landownership at the village level has been dominated by a series of particular problems. At one end of the spectrum the process of estate-building by gentry and aristocracy, the transition from feudal manorial tenures to compact tenanted estates, and the creation of ‘closed’ or estate villages, has been relatively well documented. At the other the ‘problem’ of the disappearance of the small landowner, prompted a century ago as the rural tradition began to become a minority interest, has shifted away from its original focus on the owner-occupied family farm. It has increasingly concentrated on the fate of the smallholder and cottager and more recently on the interplay of landownership and common rights. This particular emphasis has tended to narrow research to the post-1780 parliamentary enclosure period where sources such as land tax, enclosure awards, and tithe returns make nominal linkages more feasible at a lower wealth level in society, and on a year-to-year basis.This article concentrates not on the smallholder and cottager, but on the farming community – men (and occasionally women) making a living from holdings of 30 acres, or one to one and a half yardlands and upwards – and the choices and decisions they faced owning or tenanting lands. It examines the literature concerning communities in a broad band of central England south of the Pennines and north of the Thames. Detailed examples will be taken from mid- and northern-Buckinghamshire villages, an area of open fields but early and piecemeal enclosure, in the years between 1620 and 1800.
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Cragoe, Matthew. "The Anatomy of an Eviction Campaign: The General Election of 1868 in Wales and its Aftermath." Rural History 9, no. 2 (October 1998): 177–93. http://dx.doi.org/10.1017/s0956793300001564.
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One of the most striking aspects of recent scholarship concerning electoral politics in the Victorian countryside is the widespread consensus that has developed that landlords did not – as was so commonly averred by Radical politicians at the time – use the threat of eviction as a weapon with which to terrorise farming tenants into voting as they were instructed. In the work of Norman Gash, Richard Olney and Frank O'Gorman, English tenants are represented as being quite happy to follow the lead offered them by their landlords, both from a ‘semi-feudal’ sense of loyalty and from a sense of gratitude for past favours and the hope of further favours to come. Even in Ireland, where a historiography dominated by Pomfret presented a much bleaker picture of landlord-tenant relations, the process of revision has considerably modified the received view. J. H. Whyte has argued that the landowners were far less tyrannical than had been generally thought, and regards as particularly erroneous the idea that landlords had regular recourse to eviction to punish tenants who had voted contrary to their wishes. This policy was not used, he suggests, because it patently did not work. Whyte's insights, though they have been modified in certain respects, were recently upheld in W. E. Vaughan's study of landlord and tenant relations in mid-Victorian Ireland. The history of politics in the Irish countryside is thus seen as having approximated that of England, and recent scholarship suggests a similar picture for Lowland Scotland, where, outside the Famine years, patterns of eviction were similar to those in Ireland. In only one country do the landowners still retain intact their reputation for electoral tyranny: Wales.
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Hill, Rosalind. "Fourpenny Retirement: the Yorkshire Templars in the Fourteenth Century." Studies in Church History 24 (1987): 123–28. http://dx.doi.org/10.1017/s0424208400008275.
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It is now generally accepted that the Order of Templars was destroyed not because of its heresy but because of its wealth. Having outlived its usefulness in the Holy Land, it fell a victim to the forces of financial, jealousy, not entirely unprovoked. Although in England the Order did not hold such an influential position as it did in France, it was nevertheless wealthy and very highly privileged. Edward I, himself a crusader, had in 1290 renewed and amplified a charter of Henry III which exempted the Templars from almost every kind of secular taxation, in addition to guaranteeing such valuable rights and immunities as they already held by authority of the Pope. On their English lands they enjoyed the rights of sac and soc, with all the appurtenances of a private court, and in addition they were quit of scot and geld, feudal aids, tallage and lastage and carucage, and of all tolls, charges, and payments connected with fairs throughout the land. They paid no tax on the export of wool, which their northern estates produced in abundance; in 1390 it was claimed that this privilege, in the counties of Yorkshire and Lincolnshire alone, accounted for more than half the income of the London Temple. They were free of demands for watch and ward, castle-guard, and requisitions for building the King’s works. They were exempt too from forest law, and could create assarts at pleasure; nor need they cut the claws of their dogs. Moreover, they could claim the forfeits, fines, and chattels of all felons taken upon their lands, even when these had been judged in the King’s court.
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Turner, Ralph V. "Richard Lionheart and English Episcopal Elections." Albion 29, no. 1 (1997): 1–13. http://dx.doi.org/10.2307/4051592.
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While Henry II and John's bitter quarrels with the Church have inspired much comment from both contemporaries and modern scholars, Richard Lionheart's relations with the English Church have attracted little notice. The lack of theatrical clashes with the pope or the archbishop of Canterbury has led modern scholars to assume that Richard I enjoyed fortunate relations with his clergy. Richard's most recent biographer has viewed him as “a conventionally pious man,” and contemporary chroniclers depicted him as fitting the Church's definition of the perfect knight whose financial exactions and other faults could be overlooked because of his crusader status.Almost continuously absent from England, the Lionheart is assumed to have had little opportunity to assert his will in ecclesiastical matters. Yet, Richard I was as determined as his father and brother to defend English monarchs' traditional rights over the Church, because their mastery over such a powerful institution conferred many advantages. Their bishops were also barons who advised the king at great councils, who often held posts in the royal administration, and who owed feudal obligations, even quotas of knights. The royal right of regalia gave Richard custody of church lands during an episcopal vacancy and the right to authorize new elections and to approve bishops-elect.Sir Christopher Cheney, a leading authority on the twelfth-century Church, observed that Richard I was “forever busy with the English Church.” An examination of the Lionheart's ecclesiastical policy proves him correct, revealing a monarch who had little respect for the Church's freedom and worked to preserve his royal predecessors's authority over it. Richard took care to oversee closely English episcopal elections.
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McGillivray, Donald, and Jane Holder. "Locality, environment and law: the case of town and village greens." International Journal of Law in Context 3, no. 1 (March 2007): 1–17. http://dx.doi.org/10.1017/s1744552307001012.
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In this paper we explore one type of commons – town and village greens – which are an important feature of the rural and, increasingly, the urban, English landscape. Greens are an ancient form of commons, but they are increasingly recognised as having contemporary significance, particularly because of their potential to act as a reservoir for natural resources and their enjoyment. They are, in other words, emerging out of a ‘feudal box’. We focus on the fact that town and village greens are recognised in law by their association with a group of people defined by their physical proximity to the land which is to be registered. Although this does not in itself constitute a community, the law requires for the registration of land as a town or village green a certain degree of organisation and self-selection and this has in the past fostered both a sense of subjective belief in ‘belonging’, as well as exclusion (the rights of local people being potentially ‘diluted’ by the use of the land by those from outside the locality). As well as helping to produce and recognise community and community identity, then, commons may simultaneously produce the conditions for disassociation and exclusion. In this context, we consider how law defines and upholds notions of locality, and also the ways in which an increasingly powerful environmental discourse might be seen to challenge the primacy given to locality as a way of defining and creating greens and, more generally, the practical effects of this on how decisions are made about preserving these spaces as ‘common’. We consider the scope of the public trust doctrine as providing an example of how law is capable of accommodating ideas of shared nature and natural resources, in this case providing a form of public ownership over natural resources. Whilst our analysis is rooted firmly in the law relating to town and village greens in England and Wales, this body of law displays certain important features more broadly applicable to a range of other types of common land, and raises more general issues about how law supports certain interests in land, often to the exclusion of others.
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Cioancă, Costel. "Pentru o istorie socială a basmului fantastic românesc: marginali, minoritari, excluși." Anuarul Muzeului Etnograif al Transilvaniei 33 (December 20, 2019): 68–97. http://dx.doi.org/10.47802/amet.2019.33.05.
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It is known that, over time and for various reasons, part of a community chooses, expresses or accentuates a certain status (political, economic, religious, sexual etc.), gradually losing its general-community identity and individualizing one's own. Viewed and perceived as new socio-cultural constructions within the basic structure (community matrix), both inter-dependently and dependent on the majority, this minority acquires (or will be assigned!) new directions of evolution/involution, far away from the general pattern, in time stalking or even posturing a new identity and consciousness. Charged or fined by the majority community, sometimes tolerated, sometimes categorically rejected. There are many cases, both old and new, of such segmentations, enclavings or exclusions with an economic, cultural or racial nature, generated by the imagination and/or authoritarianism of the majority: homo sapiens will use slowly but surely and irreversibly the tyranny of the majority and progress on less advanced technological-cognitive relatives, neanderthals and denisovans (plus several other subspecies of hominids, contemporary with homo sapiens); over the time, Christians will anathematize, enclave and/or kill the Jews for improbable deeds or on the basis of arrogant ethical/moral superiorities; the ancient or feudal masters disposed of the lives and possessions of the slaves they had, as they pleased; those who did not conform to official dogmas became instantly heretics and liable to all sorts of punishments (see the actions and justifications of the Inquisition); the prejudices regarding skin color, sexual orientation, ethnic or political affiliation, sometimes aggressively (apartheid in South Africa or racial segregation in the US) have determined certain defensive behaviors of these minorities, marginalized or excluded. Examples can easily be multiplied (talking about minors, the marginalized or excluded ones culturally, economically, racially, medically etc. for almost every country), but this is not the desideratum of the present study. Functionally and adaptively, the norms of a traditional community such as the Romanian one, repeatedly violated and corroborated with the refusal of alterity, led to a cultural-negative perception and to the location outside of the limits set by the community of such socio-cultural categories. Such marginals (called gueux in France, rogue in England, abenteurer in Germany, or picaras in Spain) are often mentioned at the level of fantastic Romanian fairy tale even if the details are meteoric or extremely lapidary. As the fantastic Romanian fairy tale illustrates, it is established and legitimated first of all the ideal of purity, beauty and superiority (social, economic, moral); still there are mentions of the problematical interethnic relations, cultural conflicts, failures of social adaptation to the generally accepted system; finally, as we do not have such a study about these social categories, I find it appropriate to approach this topic. My approach will be a structural-functional one, dialectically speaking, most of the mentions about these social categories being found in the anthologies of fairy tales, juxtaposing, overlapping or complementing the three categories (marginal, minority, excluded) conceptually.
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Niles. "The Myth of the Feud in Anglo-Saxon England." Journal of English and Germanic Philology 114, no. 2 (2015): 163. http://dx.doi.org/10.5406/jenglgermphil.114.2.0163.
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Cerda Costabal, José Manuel. "“Assembled as one man”. The councils of Henry II and the political community of England." Anos 90 26 (August 2, 2019): 1–12. http://dx.doi.org/10.22456/1983-201x.88529.
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O estudo das origens parlamentares da Inglaterra — e de outros reinos — tem se concentrado tradicionalmente em aspectos como a composição social das assembleias e a representação territorial. Argumentou-se que as assembleias parlamentares nasceram quando os três estamentos da sociedade medieval foram convocados para se encontrar com o rei nos conselhos feudais. Contudo, tal abordagem levou a algumas conclusões anacrônicas que negligenciaram a importância da presença da comunidade política, das communitas ou universitas regni nessas assembleias como um fenômeno chave para compreender as origens parlamentares. Tal comunidade era o corpo de nobres, reunidos como um nos conselhos, não porque representassem o reino, mas porque eram o reino.
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Furihata, Setsuo. "Entwicklung des japanischen Kapitalismus und marxistische Wirtschaftswissenschaft in Japan." PROKLA. Zeitschrift für kritische Sozialwissenschaft 17, no. 66 (March 1, 1987): 76–90. http://dx.doi.org/10.32387/prokla.v17i66.1349.
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Die Ankunft des Kommandeurs der Indischen Flotte der Vereinigten Staaten, Perry, mit vier Kriegsschiffen im Jahre 1853 versetzte der japanischen Feudalgesellschaft, die mehr als 220 Jahre abgeschlossen war, einen kräftigen Schlag: fortan war sie der westlichen Zivilisation ausgesetzt. 1858 schloß Japan mit fünf Staaten, darunter den USA, England und Frankreich, Handelsverträge ab und öffnete die Häfen Yokohama, Nagasaki und Hakodate. Damit wurde Japan gewaltsam in die kapitalistische Welt hineingezogen und erlebte nun einen stürmischen Handels-Boom. Dieser Handels-Boom löste in der japanischen Wirtschaft eine kräftige Inflation aus und führte zur Verelendung der bäuerlichen und sonstigen arbeitenden Bevölkerung. Das Ergebnis war eine Revolution, deren Hauptkraft die mit dem Tokugawa-Regime unzufriedene untere Kriegerklasse bildete. Der Slogan der Revolutionäre lautete anfangs »Ehrt den Kaiser und vertreibt die Barbaren!«, aber als man 1863 im Krieg zwischen dem auf Kyushu gelegenen Lehnsfürstentum Satsuma und England die Kraft des europäischen Kapitalismus zu spüren bekommen hatte, trat an seine Stelle der Slogan »Öffnet das Land und stürzt das Tokugawa-Regime!« Folglich riß die 1867 errichtete Meiji-Regierung die feudalen Gesellschaftsinstitutionen nieder und verwandte alle Kraftdarauf, die Voraussetzungen für die Entwicklung des Kapitalismus zu schaffen.
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Marelja, Miran, and Valentino Kuzelj. "Evolucija fiskalnoga suvereniteta u Engleskoj." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 2 (2020): 509–27. http://dx.doi.org/10.30925/zpfsr.41.2.4.
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History of parliamentary development is narrowly tied to the development of fiscal prerogatives of the legislature. This is especially pronounced in the origins and development of the English Parliament. Moreover, we can ascertain that the fight of “medieval taxpayers”, i.e. those partaking in the distribution of power in medieval feudal structures, foreshadows the very foundation of the English Parliament and its precursors – the “assemblies of King’s servants”. In that sense, medieval England’s earliest constitutional documents espouse mechanisms limiting Crown’s autocracy. Later on, the invocation of Parliament’s fiscal prerogatives represented the most efficient form of subverting such absolutism, especially regarding the absolutist tendencies of the Stuarts. Upon establishment of Parliament’s supremacy over the Crown, the Victorian era was marked by the struggle between two houses of Parliament, culminating in early 20th century anent the issue of the Lords’ rejection of the budget bill. Parliament Act of 1911 marks the end of a centuries-long development of Parliament’s fiscal sovereignty, affirming the prerogatives of the House of Commons as the holders of democratic electoral legitimacy.
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Crooks, Peter. "Factions, feuds and noble power in the lordship of Ireland,c. 1356–1496." Irish Historical Studies 35, no. 140 (November 2007): 425–54. http://dx.doi.org/10.1017/s0021121400005101.
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On 17 September 1496 Gerald, eighth earl of Kildare (the ‘Great Earl’), landed at Howth, County Dublin, after a lengthy and troubled voyage from England. One of the earl’s fellow travellers gave thanks to God for his safe arrival. If Kildare did likewise, his gratitude probably sprang less from his delivery from the natural elements than from his survival of a hostile political climate at court. Since the battle of Bosworth in 1485 not one but two Yorkist pretenders had found support in Ireland. The first of them — Lambert Simnel — was crowned in May 1487 as ‘King Edward VI’ in Christ Church cathedral, Dublin, after which a parliament was held in his name. Kildare was chief governor of Ireland during both conspiracies. More recently he had faced allegations of treason during the expedition of Sir Edward Poynings (1494-5). Despite this dubious record of loyalty to the newly established Tudor dynasty, on 6 August 1496 Henry VII appointed the Great Earl lord deputy of Ireland.
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Bryson, Alan. "The Ormond—St Leger feud, 1544–6." Irish Historical Studies 38, no. 150 (November 2012): 187–210. http://dx.doi.org/10.1017/s0021121400001085.
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Criticism of the lord deputy of Ireland, Sir Anthony St Leger, became vocal during 1544, especially among supporters of James Butler, ninth earl of Ormond, who felt that he was being excluded from a more prominent role in government. To head off this grumbling, St Leger returned to England in the spring for an audience with Henry VIII that resulted in his re-appointment in July with the king's blessing. On 18 May he was installed as a knight of the Garter and his stipend increased by £200 the following summer. Once back in Ireland St Leger (a gentleman of the privy chamber) cleverly maintained royal favour through well-thought gifts, like the two goshawks and ‘caste’ of falcons ‘of the best ayre of this Lande’ he sent the king in the summer of 1545. Most importantly, he kept Henry, the English privy council, and principal courtiers informed of his point of view through carefully crafted letters and frequent messengers, dominating communications between the two kingdoms. His tone was always well-judged: ‘this your Realme remayneth[e] in goode stay thank[e]s be to god and your highnes’.
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GASKILL, MALCOLM. "WITCHCRAFT, POLITICS, AND MEMORY IN SEVENTEENTH-CENTURY ENGLAND." Historical Journal 50, no. 2 (May 9, 2007): 289–308. http://dx.doi.org/10.1017/s0018246x07006073.
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This article weaves together two episodes separated by a generation. The inciting event is the trial in 1653 of Anne Bodenham, an elderly cunning woman in Salisbury, who found herself embroiled in a feud in a gentry household, set against the turbulent backdrop of a divided city. Her arrest and examination evoked painful memories of an earlier scandal, the fateful association of the duke of Buckingham with Dr John Lambe, a sorcerer whom Bodenham claimed to have served in the 1620s. These tales, in turn, echoed an even older awareness of the perils of the diabolic, most prominently the pact of Dr Faustus. Together these narrative strands demonstrate how feelings of public disgust at Stuart corruption were revived in the commonwealth era and used as a polemical device by puritan activists. Both stories are rich in gossip, rumour, rhymes, libels, anonymous notes, and the practical uses of printed works, not to mention spells and curses, visions and dreams. As such, this article also shows just how complex a witch-trial could be, and serves as a reminder of the sophistication, ingenuity, and ebullience of seventeenth-century communications and consciousness across the social order.
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Hughes, Jane Frecknall, and Lynne Oats. "KING JOHN'S TAX INNOVATIONS – EXTORTION, RESISTANCE, AND THE ESTABLISHMENT OF THE PRINCIPLE OF TAXATION BY CONSENT." Accounting Historians Journal 34, no. 2 (December 1, 2007): 75–107. http://dx.doi.org/10.2308/0148-4184.34.2.75.
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The purpose of this paper is to present a re-evaluation of the reign of England's King John (1199–1216) from a fiscal perspective. The paper seeks to explain John's innovations in terms of widening the scope and severity of tax assessment and revenue collection. In particular, the paper seeks to highlight the significance of Hubert Walter as the king's financial adviser. He exercised a moderating influence in the first half of John's reign and was the guiding hand in the successful introduction of innovative measures designed to increase revenues. These became extreme after his death in 1205, when John lacked his counsel. It is further suggested that the Magna Carta was a direct reaction to such financial severity. Many of the clauses in Magna Carta refer specifically to John's tax innovations and severity. Linked to this, the paper argues that these events were critical to the establishment of the principle of taxation by consent. As a result of the innovative and extreme nature of John's fiscal measures, it is our contention that John is a significant influence in moving away from deep-rooted feudal systems to the beginnings of what we would now understand as a national taxation system. This occurred against the background of a period of transition in state finance from a domain-based to a tax-based state.
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Reynolds, Susan. "The Emergence of Professional Law in the Long Twelfth Century." Law and History Review 21, no. 2 (2003): 347–66. http://dx.doi.org/10.2307/3595095.
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The object of this article is to draw attention to an area of European legal history that I think deserves more investigation. It is the change in legal practice caused by the transition from the diffused, undifferentiated, customary law of the earlier middle ages to the various forms of expert, esoteric, professional law that dominated the higher courts of the later middle ages. The suggestion that this has not been much studied may seem odd but, though much has been written on the new study of Roman law, those who work on it have tended to concentrate on the intellectual achievements of the glossators and post-glossators, rather than on practice. Practice in canon law has received more attention, notably from legal historians trained in the Anglo-American tradition, but this has not focused closely on twelfth-century origins. The beginnings of English common law have also been much studied and, since it started off as largely a matter of procedures, that has indeed meant looking at practice. The traditional teleology of legal history has, however, prevented much cross-fertilization with the history of other legal systems. One example of the consequent detachment of English legal history is the assumption of some English legal historians that Roman law procedures were followed in what they often characterize simply as “the Continent” more generally and earlier than seems to have been the case in most areas north of the Alps. Both in England and elsewhere many legal historians concentrate on the period from the thirteenth century on, when sources become more plentiful. Meanwhile, social historians of early medieval western Europe, including England, have argued—to my mind successfully, though I am hardly unprejudiced—that early medieval law was not just a weak, ritualized, and irrational response to feuds and violence, but their investigations tend to stop before the professionals took over. The result is that, apart from recent pioneering work on twelfth-century Tuscany by Chris Wickham, the transition in court practice outside England has been neglected.
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Stacey, Robert C. "Law, Landholding, and “the Feudal Time” - The English Nobility under Edward the Confessor. By Peter A. Clarke. Oxford: Clarendon Press, 1994. Pp. xi+386. $59.00. - Conquest, Anarchy, and Lordship: Yorkshire, 1066–1154. By Paul Dalton. Cambridge: Cambridge University Press, 1994. Pp. xxii+345. - Land, Law, and Lordship in Anglo-Norman England. By John Hudson. Oxford: Clarendon Press, 1994. Pp. ix+320. $52.00. - Fiefs and Vassals: The Medieval Evidence Reinterpreted. By Susan Reynolds. Oxford: Oxford University Press, 1994. Pp. xi+544. $29.95." Journal of British Studies 35, no. 4 (October 1996): 531–36. http://dx.doi.org/10.1086/386121.
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Budi, Syah. "AKAR HISTORIS DAN PERKEMBANGAN ISLAM DI INGGRIS." Tasamuh: Jurnal Studi Islam 10, no. 2 (November 7, 2018): 325–54. http://dx.doi.org/10.32489/tasamuh.40.
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This paper will reveal the historical roots and Islamic development in British. The discussion covers various areas of study pertaining to historical situations. The study tends to focus on the search for the historical roots of Islam in the 7th to 15th and 16th-17th centuries, and also the development of Islamic institutions in British contemporer.The historical roots of Islam in Britain have existed since the discovery of several coins with the words 'laa ilaaha illallah' belonging to the King of Central England, Offa of Mercia, who died in 796. The history records that this Anglo Saxon King had trade ties with the peoples Muslim Spain, France and North Africa. In addition, also found in the 9th century the words 'bismillah' by Kufi Arabic on Ballycottin Cross. Indeed, in the eighth century history has noted that trade between Britain and the Muslim nations has been established. In fact, in 817 Muhammad bin Musa al-Khawarizmi wrote the book Shurat al-Ardhi (World Map) which contains a picture of a number of places in England. In the 12th century, when the feud with Pope Innocent III, King John established a relationship with Muslim rulers in North Africa. Later, in the era of Henry II, Adelard of Bath, a private teacher of the King of England who had visited Syria and Muslim Spain, translated a number of books by Arab Muslim writers into Latin. The same is done by Danel of Marley and Michael Scouts who translated Aristotle's works from Arabic. In 1386 Chaucer wrote in his book prologue Canterbury of Tales, a book that says that on the way back to Canterbury from the holy land, Palestine, a number of pilgrims visit physicists and other experts such as al-Razi, Ibn Sina and Ibnu Rusyd. At that time Ibn Sina's work, al-Qanun fi al-Tibb, had become the standard text for medical students until the seventeenth century.The development of Islam increasingly rapidly era after. In 1636 opened the Arabic language department at the University of Oxford. In addition, it is well known that the English King Charles I had collected Arabic and Persian manuscripts. In the era of Cromwell's post civil war, the Koran for the first time in 1649 was translated in English by Alexander Ross. In the nineteenth century more and more small Muslim communities, both immigrants from Africa and Asia, settled in port cities such as Cardif, South Shield (near New Castle), London and Liverpool. In the next stage, to this day, Islam in Britain has formally developed rapidly through the roles of institutions and priests, and the existence of Islam is also widely acknowledged by the kingdom, government, intellectuals, and the public at large.