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Author: Lloyd Bonfield
Publisher: Routledge
ISBN: 1317151690
Category : Law
Languages : en
Pages : 310
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Book Description
Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.
Author: Lloyd Bonfield
Publisher: Routledge
ISBN: 1317151690
Category : Law
Languages : en
Pages : 310
Get Book Here
Book Description
Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.
Author: Lloyd Bonfield
Publisher: Routledge
ISBN: 9781138117051
Category :
Languages : en
Pages : 310
Get Book Here
Book Description
Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.
Author: Maggie Vinter
Publisher: Fordham Univ Press
ISBN: 0823284271
Category : Literary Criticism
Languages : en
Pages : 305
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Book Description
Last Acts argues that the Elizabethan and Jacobean theater offered playwrights, actors, and audiences important opportunities to practice arts of dying. Psychoanalytic and new historicist scholars have exhaustively documented the methods that early modern dramatic texts and performances use to memorialize the dead, at times even asserting that theater itself constitutes a form of mourning. But early modern plays also engage with devotional traditions that understand death less as an occasion for suffering or grief than as an action to be performed, well or badly. Active deaths belie narratives of helplessness and loss through which mortality is too often read and instead suggest how marginalized and constrained subjects might participate in the political, social, and economic management of life. Some early modern strategies for dying resonate with descriptions of politicized biological life in the recent work of Giorgio Agamben and Roberto Esposito, or with ecclesiastical forms. Yet the art of dying is not solely a discipline imposed upon recalcitrant subjects. Since it offers suffering individuals a way to enact their deaths on their own terms, it discloses both political and dramatic action in their most minimal manifestations. Rather than mournfully marking what we cannot recover, the practice of dying reveals what we can do, even in death. By analyzing representations of dying in plays by Marlowe, Shakespeare, and Jonson, alongside devotional texts and contemporary biopolitical theory, Last Acts shows how theater reflects, enables, and contests the politicization of life and death.
Author: R. H. Helmholz
Publisher: Cambridge University Press
ISBN: 1108499066
Category : Law
Languages : en
Pages : 251
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Book Description
Exploration of manuscript records and civil law sources to provide a fuller account of the history of the legal profession in England.
Author: Daniel Livesay
Publisher: UNC Press Books
ISBN: 1469634449
Category : History
Languages : en
Pages : 432
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Book Description
By tracing the largely forgotten eighteenth-century migration of elite mixed-race individuals from Jamaica to Great Britain, Children of Uncertain Fortune reinterprets the evolution of British racial ideologies as a matter of negotiating family membership. Using wills, legal petitions, family correspondences, and inheritance lawsuits, Daniel Livesay is the first scholar to follow the hundreds of children born to white planters and Caribbean women of color who crossed the ocean for educational opportunities, professional apprenticeships, marriage prospects, or refuge from colonial prejudices. The presence of these elite children of color in Britain pushed popular opinion in the British Atlantic world toward narrower conceptions of race and kinship. Members of Parliament, colonial assemblymen, merchant kings, and cultural arbiters--the very people who decided Britain's colonial policies, debated abolition, passed marital laws, and arbitrated inheritance disputes--rubbed shoulders with these mixed-race Caribbean migrants in parlors and sitting rooms. Upper-class Britons also resented colonial transplants and coveted their inheritances; family intimacy gave way to racial exclusion. By the early nineteenth century, relatives had become strangers.
Author: Wilfried Hartmann
Publisher: CUA Press
ISBN: 0813229049
Category : History
Languages : en
Pages : 521
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Book Description
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
Author:
Publisher: BRILL
ISBN: 9004365702
Category : History
Languages : en
Pages : 297
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Book Description
The volume Planning for Death: Wills and Death-Related Property Arrangements in Europe, 1200-1600 analyses death-related property transfers in several European regions (England, Poland, Italy, South Tirol, and Sweden). Laws and customary practice provided a legal framework for all post-mortem property devolution. However, personal preference and varied succession strategies meant that individuals could plan for death by various legal means. These individual legal acts could include matrimonial property arrangements (marriage contracts, morning gifts) and legal means of altering heirship by subtracting or adding heirs. Wills and testamentary practice are given special attention, while the volume also discusses the timing of the legal acts, suggesting that while some people made careful and timely arrangements, others only reacted to sudden events. Contributors are Christian Hagen, R.H. Helmholz, Mia Korpiola, Anu Lahtinen, Marko Lamberg, Margareth Lanzinger, Janine Maegraith, Federica Masè, Anthony Musson, Tuula Rantala, Elsa Trolle Önnerfors, and Jakub Wysmułek.
Author: L. R. Poos
Publisher: Oxford University Press
ISBN: 0192865110
Category : Divorce settlements
Languages : en
Pages : 338
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Book Description
Love, Hate, and the Law in Tudor England reconstructs the life of Ralph Rishton, a member of the sixteenth-century Lancashire gentry who was a child bridegroom and a serial wife-discarder, who bribed church officials to obtain a forged annulment, defrauded a kinsman out of his inheritance, and adroitly manipulated his own and other people's land. The dozens of lawsuits in which the Rishtons were involved, in many different courts, elucidate one family's engagement with law in Tudor England: how they used and misused law, how it shaped their perceptions of rights and mutual obligations, and how it framed litigants' and witnesses' language. Drawing upon trial and estate records, the core of this study is the central narrative of Ralph Rishton's three wives, of litigiousness and violence, marriage and property, and the pursuit of equitable resolutions to disputes, along with countless smaller narratives that vividly capture a culture in its time and place. Alongside that central narrative, L. R. Poos uses the Rishton stories as a starting-point to analyse child marriage, the construction of memory, and the development of local historical identity through antiquarians and the Victorian and Edwardian local press, demonstrating how - from the time of the Rishtons into the twentieth century - historical narratives were continually reshaped and repurposed.
Author: Kate Gibson
Publisher: Oxford University Press
ISBN: 0192692828
Category : History
Languages : en
Pages : 314
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Book Description
Illegitimacy, Family, and Stigma is the first full-length exploration of what it was like to be illegitimate in eighteenth-century England, a period of 'sexual revolution', unprecedented increase in illegitimate births, and intense debate over children's rights to state support. Using the words of illegitimate individuals and their families preserved in letters, diaries, poor relief, and court documents, this study reveals the impact of illegitimacy across the life cycle. How did illegitimacy affect children's early years, and their relationships with parents, siblings, and wider family as they grew up? Did illegitimacy limit education, occupation, or marriage chances? What were individuals' experiences of shame and stigma, and how did being illegitimate affect their sense of identity? Historian Kate Gibson investigates the circumstances that governed families' responses, from love and pragmatic acceptance, to secrecy and exclusion. In a major reframing of assumptions that illegitimacy was experienced only among the poor, this volume tells the stories of individuals from across the socio-economic scale, including children of royalty, physicians and lawyers, servants and agricultural labourers. It demonstrates that the stigma of illegitimacy operated along a spectrum, varying according to the type of parental relationship, the child's race, gender, and socio-economic status. Financial resources and the class-based ideals of parenthood or family life had a significant impact on how families reacted to illegitimacy. Class became more important over the eighteenth century, under the influence of Enlightenment ideals of tolerance, sensibility, and redemption. The child of sin was now recast as a pitiable object of charity, but this applied only to those who could fit narrow parameters of genteel tragedy. This vivid investigation of the meaning of illegitimacy gets to the heart of powerful inequalities in families, communities, and the state.
Author:
Publisher: BRILL
ISBN: 9004456201
Category : Law
Languages : en
Pages : 461
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Book Description
This volume offers a cross-period (14th-19th century) European comparison of different property regimes brought into conversation with inheritance patterns and resulting gender-specific negotiations and conflicts.
