Magna Carta, 1215

Holt, J. C.; Garnett, George; Hudson, John

doi:10.1017/cbo9781316144596.021

Cited by 6 publications

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“…A major portion of the 1215 version sought to define various aspects of the feudal relationship. 80 Chapters 2-8 were quite explicit. They laid out a set relief to be paid by heirs of the king's tenants; forbade the demand of a payment of relief when the heir had already been in wardship; provided for wardship of lands to preserve their value for the heir when he came of age; mandated that heirs would be married without disparagement; gave assurance that widows would receive their marriage portion and inheritance promptly, as well as their dower; 81 and forbade coercion to make widows remarry while preserving the lord's (the king's) right to consent to her marriage if she wanted to marry again.…”

Section: Magna Carta 61mentioning

confidence: 99%

The Economic and Cultural Impact of the Origins of Property: 1180-1220

Palmer¹

1985

Law hist. rev.

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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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Section: Magna Carta 61mentioning

confidence: 99%

The Economic and Cultural Impact of the Origins of Property: 1180-1220

Palmer¹

1985

Law hist. rev.

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“…John had always demonstrated "an interest in judicial matters" -even "in the hard-pressed years of the Interdict and his own excommunication" -and had been tutored by none other than Ranulf de Glanvill. 65 The problem, politically, was that, although he was "not radically more high-handed than his brother or father…he devoted more attention to English government after the loss of Normandy." 66 Indeed, the only legal "novelty" known to be John's work was the assertion of greater "supervisory" powers over local juries.…”

Section: Return Of the Archbishop Of York Notes The Inclusion Of All mentioning

confidence: 99%

“…66 Indeed, the only legal "novelty" known to be John's work was the assertion of greater "supervisory" powers over local juries. 67 Magna Carta largely upheld the legacy of Henry II's reforms, such as the assizes of novel disseisin and mort d'ancestor. 68 Its key provisions were those that, drawing on the popular "distinction between law and will," 69 stipulated that the king should make appropriate use of these legal innovations, "refrain from using them as a means of extortion," 70 and not deny the due process rights that Henry's reforms had made the lord's court observe.…”

Section: Return Of the Archbishop Of York Notes The Inclusion Of All mentioning

confidence: 99%

“…64 This canon law emphasis on retaining control over land can be "seen as a practical side of the broader movements referred to as Gregorian Reform and the Twelfth-Century Renaissance." 65 Further, within England itself, the 1086 survey that produced Domesday Book necessitated the repeated asking of how the land was held, which helped to solidify the categories of landholding and the distinctions among them. 66 In order that the church not be compromised, then, grants were explicitly limited to no "more than a fixed number of lives or a fixed number of years."…”

Section: Norms Of Heritabilitymentioning

confidence: 99%

“…66 In order that the church not be compromised, then, grants were explicitly limited to no "more than a fixed number of lives or a fixed number of years." 67 In an example of a grant in life tenure from the reign of William I, in 1085, a grant from the bishop of Hereford stipulated that only Roger (the grantee), and no one in his family, "shall have rights in the aforesaid land" and that when Roger dies (or takes the cloth), "the land shall be returned without question to the bishop." 68 In a later case (from 1191), the abbot of Bury St. Edmunds expressed his concerns about losing control of abbey land thusly:…”

Section: Norms Of Heritabilitymentioning

confidence: 99%

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An Armory of Writs: The Rewriting of the English Social Contract, 1066-1290

Blau¹

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It would not be unfair to note that Palmer himself is not the clearest of writers. v insufficient. After all, the form of property assumed by Hobbes and Locke arose through the formation of the Common Law; and yet the history of the land law tends to examine only the early Common Law's effect on…modern property law. Though this thesis is in large part a work of legal history, and will inevitably in some respects reflect the limitations of this method, I use this analysis to develop conclusions that cut across the various types of history. Drawing on the multidisciplinary background I have gained in the College of Social Studies, where I learned to bring history, social theory, government, and economics together, I have in this thesis made a connection that seems almost obvious: not only is the development of property law of great importance to legal history, but it had important social and political implications too. We owe to the English Middle Ages not only our Anglo-American Common Law and state institutions, but our fundamental understanding of the role of government. So, why write a thesis on such a "boring" and difficult subject? I hope that I have rebutted the former charge, and that my arguments answer the latter by demonstrating the value of such a study. vi NOTE ON SOURCES AND HISTORIOGRAPHY If all philosophy is but a footnote to Plato, then it is not unreasonable to say that all scholarship on the laws of medieval England is but a footnote to Frederic William Maitland. While his classic work History of English Law Before the Time of Edward I was coauthored with Frederick Pollock, Pollock acknowledged in the preface to the first edition (1895) and elsewhere that his own "contribution…was very limited." It has therefore become the convention among legal historians to refer to the text as having being written only by Maitland, crediting Pollock only in formal citations. This two-volume book, through Maitland's fine research and lucid writing, remains, if not absolutely authoritative, one of the most important works in the field. It has been critiqued perhaps most strongly by S.F.C. Milsom who, like Maitland, taught law at Cambridge. Milsom's The Legal Framework of English Feudalism is a dense but deeply influential book, and he has contributed many other works on legal history. Other law professors whose work I have engaged include S.E. Thorne, whose "English Feudalism and Estates in Land," while flawed, remains important; Joseph Biancalana, whose "For Want of Justice" is a valuable examination of the impetus for Henry II's legal reforms; and Robert Palmer, whose work builds upon Milsom's and represents a distinctly positivist approach to property rights. Several professors of history have also contributed to my views on the subject. J.C. Holt and Paul Hyams have both written very important works on Anglo-Norman and Angevin England, including Holt's "Politics and Property in Early Medieval England" and his classic Magna Carta, and Hyams's "Warranty and Good Lordship vii in Twelfth Century England." Paul B...

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English Royal Forests under the Angevin Kings

Young¹

1972

J. Br. Stud.

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Historians have never been properly grateful for that perpetually inquisitive student in medieval dialogues whose chief claim to fame is that he elicited bursts of wisdom from the ever-patient master. To him we owe this rather curious definition of the English royal forest as formulated by the master in Richard fitz Nigel's Dialogue of the Exchequer written about 1178:The King's forest is a safe abode for wild animals, not all of them but only the woodland ones, and not everywhere, but in particular places suitable for the purpose. That is why it is called “forest” (foresta), as though the e of feresta (i.e. a haunt of wild animals, ferarum statio), were changed into o.Fortunately, the master had already discussed the essential point that the forest was an area of special jurisdiction subject to a special law:The whole organization of the forests, the punishment, pecuniary or corporal, of forest offences, is outside the jurisdiction of the other courts, and solely dependent on the decision of the King, or of some officer specially appointed by him. The forest has its own laws, based, it is said, not on the Common Law of the realm, but on the arbitrary legislation of the King; so that what is done in accordance with forest law is not called “just” without qualification, but “just, according to forest law.”Although modern scholarship suggests that the arbitrary nature of forest law in the thirteenth century was exaggerated, there can be no question that it had a bad reputation among contemporaries, who raised the cry that it placed the protection of wild beasts above that of men.

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Magna Carta, 1215

Cited by 6 publications

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The Economic and Cultural Impact of the Origins of Property: 1180-1220

The Economic and Cultural Impact of the Origins of Property: 1180-1220

An Armory of Writs: The Rewriting of the English Social Contract, 1066-1290

English Royal Forests under the Angevin Kings

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