Inquisitions and Other Trial Procedures in the Medieval West PDF Download
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Author: H.A. Kelly
Publisher: Taylor & Francis
ISBN: 1040242812
Category : History
Languages : en
Pages : 388
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Book Description
'Inquisition' was the new form of criminal procedure that was developed by the lawyer-pope Innocent III and given definitive form at the Fourth Lateran Council of 1215. It has since developed a notoriety which has obscured the reality of the procedure, and it is this that Professor Kelly is first concerned with here. In contrast to the old Roman system of relying on a volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor, and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused, or ignored, most notoriously among papally appointed heresy-inquisitors; but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to the local church courts, while on the secular side native procedures developed, most notably a system of multiple investigators/accusers/judges, known collectively as the jury. Private accusers, however, were still to be seen, illustrated here in the final pair of studies on 'appeals' of sexual rape.
Author: Henry Ansgar Kelly
Publisher: Variorum Publishing
ISBN: 9780860788393
Category : History
Languages : en
Pages : 354
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Book Description
Inquisition was the new form of criminal procedure that was developed by the lawyer - Pope Innocent III and given definitive form at the Fourth Lateran Council in 1215. It has since developed a notoriety which has obscured the reality of the procedure. In contrast to the old Roman system of relying on volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused or ignored, but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to local church courts, while on the secular side native procedures developed, most notably the jury. Private accusers, however, were still to be seen, illustrated here in the studies on appeals of sexual rape.
Author: H.A. Kelly
Publisher: Taylor & Francis
ISBN: 1040242812
Category : History
Languages : en
Pages : 388
Get Book Here
Book Description
'Inquisition' was the new form of criminal procedure that was developed by the lawyer-pope Innocent III and given definitive form at the Fourth Lateran Council of 1215. It has since developed a notoriety which has obscured the reality of the procedure, and it is this that Professor Kelly is first concerned with here. In contrast to the old Roman system of relying on a volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor, and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused, or ignored, most notoriously among papally appointed heresy-inquisitors; but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to the local church courts, while on the secular side native procedures developed, most notably a system of multiple investigators/accusers/judges, known collectively as the jury. Private accusers, however, were still to be seen, illustrated here in the final pair of studies on 'appeals' of sexual rape.
Author: Mary Catherine Flannery
Publisher: D. S. Brewer
ISBN: 1843843366
Category : History
Languages : en
Pages : 204
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Book Description
Groundbreaking essays show the variety and complexity of the roles played by inquisition in medieval England. Inquisition in medieval and early modern England has typically been the subject of historical rather than cultural investigation, and focussed on heresy. Here, however, inquisition is revealed as playing a broader role in medievalEnglish culture, not only in relation to sanctions like excommunication, penance and confession, but also in the fields of exemplarity, rhetoric and poetry. Beyond its specific legal and pastoral applications, inquisitio was a dialogic mode of inquiry, a means of discerning, producing or rewriting truth, and an often adversarial form of invention and literary authority. The essays in this volume cover such topics as the theory and practice ofcanon law, heresy and its prosecution, Middle English pastoralia, political writing and romance. As a result, the collection redefines the nature of inquisition's role within both medieval law and culture, and demonstrates the extent to which it penetrated the late-medieval consciousness, shaping public fame and private selves, sexuality and gender, rhetoric, and literature. Mary C. Flannery is a lecturer in English at the University of Lausanne; Katie L. Walter is a lecturer in English at the University of Sussex. Contributors: Mary C. Flannery, Katie L. Walter, Henry Ansgar Kelly, Edwin Craun, Ian Forrest, Diane Vincent, Jenny Lee, James Wade, Genelle Gertz, Ruth Ahnert, Emily Steiner
Author: Henry Ansgar Kelly
Publisher: Boydell & Brewer Ltd
ISBN: 1843836297
Category : Biography & Autobiography
Languages : en
Pages : 262
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Book Description
This book challenges the recently established consensus that the trial was a carefully prepared and executed judicial process in which the judges were amenable to reasonable arguments. Thomas More's treason trial in 1535 is one of history's most famous court cases, yet never before have all the major documents been collected, translated, and analyzed by a team of legal and Tudor scholars. This edition serves asan important sourcebook and concludes with a 'docudrama' reconstructing the course of the trial based on these documents. Legal experts H. A. Kelly and R. H. Helmholz take different approaches to the legalities of this trial, and four experienced judges [including Justice of the Queen's Bench Sir Michael Tugendhat] discuss the trial with some disagreements - notably on the meaning and requirement of 'malice' called for in the Parliamentary Act of Supremacy. More's own accounts of his interrogations in prison are analyzed, and the trial's procedures are compared to and contrasted with 16th-century concepts of natural law and also modern judicial practices and principles. The book is a 'must read' not only for students of law and Tudor history but also for all concerned with justice and due process. As a whole, the book challenges Duncan Derrett's conclusions that the trial was conducted in accord with contemporary legal norms and that More was convicted only on the single charge of denying Parliament the power to declare Henry VIII Supreme Head of the English Church [testified to by Richard Rich] - a position that has been uniformly accepted by historians since 1964. HENRY ANSGAR KELLY is past Director of the Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN is an attorney with the California Court of Appeal and Fellow of the Center for Thomas More Studies, University of Dallas. GERARD B. WEGEMER is Director of the Center for Thomas More Studies.
Author: Autori Vari
Publisher: Viella Libreria Editrice
ISBN:
Category : History
Languages : en
Pages : 482
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Book Description
This volume launches the book series of “Inquire – International Centre for Research on Inquisitions” of the University of Bologna, a research network that engages with the history of religious justice from the 13th to the 20th century. This first publication offers twenty chapters that take stock of the current historiography on medieval and early modern Inquisitions (the Spanish, Portuguese and Roman Inquisitions) and their modern continuations. Through the analysis of specific questions related to religious repression in Europe and the Iberian colonial territories extending from the Middle Ages to today, the contributions here examine the history of the perception of tribunals and the most recent historiographical trends. New research perspectives thus emerge on a subject that continues to intrigue those interested in the practices of justice and censorship, the history of religious dissent and the genesis of intolerance in the Western world and beyond.
Author: Henry Ansgar Kelly
Publisher: University of Pennsylvania Press
ISBN: 0812248341
Category : Foreign Language Study
Languages : en
Pages : 368
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Book Description
Translated shortly before 1400, the Bible became the most popular medieval book in English. Prevailing scholarly opinion calls it the Wycliffite Bible, attributing it to followers of the heretic John Wyclif, and claims it was banned in 1407. Henry Ansgar Kelly disagrees, arguing it was a nonpartisan effort and never the object of any prohibition.
Author: Bonnie Wheeler
Publisher: Springer
ISBN: 1137069546
Category : History
Languages : en
Pages : 295
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Book Description
Joan of Arc is an unusual saint. Canonized in 1920 as a virgin, she died in 1431 as a condemned heretic. Uneducated, militant, and youthful, she obeyed 'Voices' that counselled her to pursue an unprecedented vocation. The various trial records provide a wealth of evidence about how Joan and others understood her spiritual life. This collection explores multiple facets of Joan's prayerful life. Two-thirds of the essays focus on Joan in her own time; the later chapters study Joan's formative influence upon modern women. Taken together, these essays offer new perspectives on the heroism of Joan's original way of sanctity.
Author: Thomas F. Mayer
Publisher: University of Pennsylvania Press
ISBN: 0812244737
Category : History
Languages : en
Pages : 394
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Book Description
Drawing on the Roman Inquisition's own records, diplomatic correspondence, local documents, newsletters, and other sources, Thomas F. Mayer provides an intricately detailed account of the ways the Inquisition operated to serve the papacy's long-standing political aims in Naples, Venice, and Florence between 1590 and 1640.
![Encyclopedia of Witchcraft [4 volumes] PDF](https://books.google.com/books/content/images/frontcover/8ETPEAAAQBAJ?fife=w80-h100)
Author: Richard M. Golden Director, Jewish Studies Program
Publisher: Bloomsbury Publishing USA
ISBN: 1851095128
Category : Social Science
Languages : en
Pages : 1310
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Book Description
The definitive compilation on witchcraft and witch hunting in the early modern era exploring significant people, places, beliefs, and events. Encyclopedia of Witchcraft: The Western Tradition is the definitive reference on the age of witch hunting (approximately 1430–1750), its origins, expansion, and ultimate decline. Incorporating a wealth of recent scholarship in four richly illustrated, alphabetically organized volumes, it offers historians and general readers alike the opportunity to explore the realities behind the legends of witchcraft and witchcraft trials. Over 170 contributors from 28 nations provide vivid, documented descriptions and analyses of witchcraft trials and locations, folklore and beliefs, magical practices and deities, influential texts, and the full range of players in this extraordinary drama—witchcraft theorists and theologians; historians and authors; judges, clergy, and rulers; the accused; and their persecutors. Concentrating on Europe and the Americas in the early modern era, the work also covers relevant topics from the ancient Near East (including the Hebrew and Christian Bibles), classical antiquity, and the European Middle Ages.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 0857246151
Category : Law
Languages : en
Pages : 173
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Book Description
Contains articles that consider the ways in which history has shaped law and how we make sense of past events. This volume also includes articles that explore pressing legal issues such as the prison boom, First Amendment controversies, and the work of cause lawyers. It illustrates the vibrancy of interdisciplinary legal scholarship throughout.
