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Author: Lloyd Bonfield
Publisher: Routledge
ISBN: 9781138117051
Category :
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: 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: Jason Peacey
Publisher: Oxford University Press
ISBN: 0192897136
Category : History
Languages : en
Pages : 330
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Book Description
This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century. Employing a rich cache of archival material, Jason Peacey traces legal contestation over time and through a range of different courts, as well as in Parliament and the public domain, and contends that a microhistorical approach makes it possible to shed valuable light upon the legal and political culture of early modern England, not least by comprehending how certain disputes became protracted and increasingly bitter, and why they fascinated contemporaries. This involves recognising the dynamic of litigation, in terms of how disputes changed over time, and how those involved in myriad lawsuits found legal reasons for prolonging contestation. It also involves exploring litigants' strategies and practices, as well as competing claims about the way in which adversaries behaved, and incompatible expectations of the legal system. Finally, it involves teasing out the structural issues in play, in terms of the social, cultural, and ideological identities of successive generations. Ultimately, this dispute is employed to address important historiographical debates surrounding the nature of civil litigation in early modern England, and to provide new ways of appreciating the nature, severity, and visibility of political and religious conflict in the decades before and after the English Revolution.
Author: Michelle M. Dowd
Publisher: Cambridge University Press
ISBN: 1107099773
Category : Literary Criticism
Languages : en
Pages : 305
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Book Description
The first full-length study of the ways in which Shakespearean drama influenced and expanded notions of inheritance in early modern England.
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:
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.
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:
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110791560
Category : History
Languages : en
Pages : 500
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Book Description
Archives are popularly seen as liminal, obscure spaces -- a perception far removed from the early modern reality. This examination of the central English archival system in the period before 1700 highlights the role played by the public records repositories in furnishing precedents for the constitutional struggle between Crown and Parliament. It traces the deployment of archival research in these controversies by three individuals who were at various points occupied with the keeping of records: Sir Robert Cotton, John Selden, and William Prynne. The book concludes by investigating the secretive State Paper Office, home of the arcana imperii, and its involvement in the government's intelligence network: notably the engagement of its most prominent Keeper Sir Thomas Wilson in judicial and political intrigue on behalf of the Crown.
Author: James E. Pfander
Publisher: Oxford University Press
ISBN: 0197571425
Category : Law
Languages : en
Pages : 189
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Book Description
This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Author: Rory Loughnane
Publisher: Springer
ISBN: 3030008924
Category : Literary Criticism
Languages : en
Pages : 303
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Book Description
This book looks at the staging and performance of normality in early modern drama. Analysing conventions and rules, habitual practices, common things and objects, and mundane sights and experiences, this volume foregrounds a staged normality that has been heretofore unseen, ignored, or taken for granted. It draws together leading and emerging scholars of early modern theatre and culture to debate the meaning of normality in an early modern context and to discuss how it might transfer to the stage. In doing so, these original critical essays unsettle and challenge scholarly assumptions about how normality is represented in the performance space. The volume, which responds to studies of the everyday and the material turn in cultural history, as well as to broader philosophical engagements with the idea of normality and its opposites, brings to light the essential role that normality plays in the composition and performance of early modern drama. This book was preceded by a companion collection, Staged Transgression in Shakespeare's England, published in 2013: https://link.springer.com/book/10.1057/9781137349354
