L. R. POOS, ZVI RAZI, and RICHARD M. SMITH
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198201908
- eISBN:
- 9780191675065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201908.003.0010
- Subject:
- History, British and Irish Medieval History, Social History
This chapter addresses the presumption that the scope of manorial courts' jurisdiction over medieval village society was so comprehensive that counts of individuals appearing in court transactions ...
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This chapter addresses the presumption that the scope of manorial courts' jurisdiction over medieval village society was so comprehensive that counts of individuals appearing in court transactions over periods may be treated as if they constituted periodically constructed ‘census-like enumerations’. It looks specifically at attempts of study life expectancy and nuptiality, using information generated by court roll transactions such as tenant obituaries and merchets. Special attention is given to the parallel problems of defining the limitations of information which these tribunals' records yield for broader social issues, and of interpreting this information in a broader demographic context than has been attempted in most of this work to date.Less
This chapter addresses the presumption that the scope of manorial courts' jurisdiction over medieval village society was so comprehensive that counts of individuals appearing in court transactions over periods may be treated as if they constituted periodically constructed ‘census-like enumerations’. It looks specifically at attempts of study life expectancy and nuptiality, using information generated by court roll transactions such as tenant obituaries and merchets. Special attention is given to the parallel problems of defining the limitations of information which these tribunals' records yield for broader social issues, and of interpreting this information in a broader demographic context than has been attempted in most of this work to date.
ZVI RAZI and RICHARD M. SMITH
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198201908
- eISBN:
- 9780191675065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201908.003.0002
- Subject:
- History, British and Irish Medieval History, Social History
This chapter offers an explanation for the shift from oral to written procedures in manorial courts in England. It argues that the proceedings of the manor court in England were recorded as a result ...
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This chapter offers an explanation for the shift from oral to written procedures in manorial courts in England. It argues that the proceedings of the manor court in England were recorded as a result of an attempt made by 13th-century landlords to bring their courts in line with prior developments in royal courts, as a protective measure against the growing popularity of these central courts. The discussion begins with a review of the developments in the documentation of English manors in general and of their courts in particular. It then investigates when and why landlords began to record the proceedings of courts. This is followed by an examination of the relationship between royal and manorial courts. A penultimate section deals with the curial clerks and the impact of manorial recordkeeping on the spread of practical literacy.Less
This chapter offers an explanation for the shift from oral to written procedures in manorial courts in England. It argues that the proceedings of the manor court in England were recorded as a result of an attempt made by 13th-century landlords to bring their courts in line with prior developments in royal courts, as a protective measure against the growing popularity of these central courts. The discussion begins with a review of the developments in the documentation of English manors in general and of their courts in particular. It then investigates when and why landlords began to record the proceedings of courts. This is followed by an examination of the relationship between royal and manorial courts. A penultimate section deals with the curial clerks and the impact of manorial recordkeeping on the spread of practical literacy.
Leslie Peirce
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780520228900
- eISBN:
- 9780520926974
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520228900.003.0004
- Subject:
- History, Middle East History
This chapter provides a detailed description of the court of Aintab during the period 1540–1541. It describes the work of the court, the kinds of law it drew upon, and its place in the varied legal ...
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This chapter provides a detailed description of the court of Aintab during the period 1540–1541. It describes the work of the court, the kinds of law it drew upon, and its place in the varied legal landscape. The chapter explores how the court translated the messy process of litigation into neat summary records, and considers the nature of the court's written records as well as the obstacles one encounters in interpreting them. It examines normative legal discourses as they shaped the deliberations of the court.Less
This chapter provides a detailed description of the court of Aintab during the period 1540–1541. It describes the work of the court, the kinds of law it drew upon, and its place in the varied legal landscape. The chapter explores how the court translated the messy process of litigation into neat summary records, and considers the nature of the court's written records as well as the obstacles one encounters in interpreting them. It examines normative legal discourses as they shaped the deliberations of the court.
A. D. M. BARRELL, R. R. DAVIES, O. J. PADEL, and LI. B. SMITH
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198201908
- eISBN:
- 9780191675065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201908.003.0009
- Subject:
- History, British and Irish Medieval History, Social History
Court rolls are one of the premier sources for an understanding of Marcher lordship and society. Since the March of Wales stood outside the normal ambit of English government and jurisdiction, ...
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Court rolls are one of the premier sources for an understanding of Marcher lordship and society. Since the March of Wales stood outside the normal ambit of English government and jurisdiction, historians will find very little useful information in the central records of the English kingdom. Instead, reliance has to be placed on the records of the Marcher lords themselves, supplemented by scattered collections of deeds and vernacular poetry. The lordship of Dyffryn Clwyd was one of the forty or so Marcher lordships of Wales in the later Middle Ages. The Dyffryn Clwyd court rolls were discovered in 1854, in a loft above the Town Hall at Ruthin. In number and chronological age, there are 187 individual rolls, covering the period from 1294 to 1654. This chapter focuses on the challenges and opportunities which its court rolls present to the historian. It discusses the Dyffryn Clwyd court rolls project, which examined the court rolls for the periods 1340–52 and 1389–99.Less
Court rolls are one of the premier sources for an understanding of Marcher lordship and society. Since the March of Wales stood outside the normal ambit of English government and jurisdiction, historians will find very little useful information in the central records of the English kingdom. Instead, reliance has to be placed on the records of the Marcher lords themselves, supplemented by scattered collections of deeds and vernacular poetry. The lordship of Dyffryn Clwyd was one of the forty or so Marcher lordships of Wales in the later Middle Ages. The Dyffryn Clwyd court rolls were discovered in 1854, in a loft above the Town Hall at Ruthin. In number and chronological age, there are 187 individual rolls, covering the period from 1294 to 1654. This chapter focuses on the challenges and opportunities which its court rolls present to the historian. It discusses the Dyffryn Clwyd court rolls project, which examined the court rolls for the periods 1340–52 and 1389–99.
Christopher Haigh
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199216505
- eISBN:
- 9780191711947
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199216505.001.0001
- Subject:
- History, Social History, History of Ideas
What did ordinary people believe in post-Reformation England, and what did they do about it? This book looks at religious belief and practice through the eyes of five sorts of people: godly ...
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What did ordinary people believe in post-Reformation England, and what did they do about it? This book looks at religious belief and practice through the eyes of five sorts of people: godly Protestant ministers, zealous Protestant laypeople, the ignorant, those who complained about the burdens of religion, and the Catholics. Based on 600 court and visitation books from three national and twelve local archives, it cites what people had to say about themselves, their religion, and the religions of others. How did people behave in church? What did they think of church rituals? What did they do on Sundays? What did they think of people of other faiths? How did they get along together, and what sort of issues produced tensions between them? What did parishioners think of their priests and what did the clergy think of their people? Was everyone seriously religious, or did some people mock or doubt religion? If these questions have been tackled before, it has usually been by way of claims about what the common people believed in books written by members of the educated ranks about their contemporaries. In contrast, by going directly to other sources of evidence such court records and parish complaints, this book illuminates what ordinary people actually said and did.Less
What did ordinary people believe in post-Reformation England, and what did they do about it? This book looks at religious belief and practice through the eyes of five sorts of people: godly Protestant ministers, zealous Protestant laypeople, the ignorant, those who complained about the burdens of religion, and the Catholics. Based on 600 court and visitation books from three national and twelve local archives, it cites what people had to say about themselves, their religion, and the religions of others. How did people behave in church? What did they think of church rituals? What did they do on Sundays? What did they think of people of other faiths? How did they get along together, and what sort of issues produced tensions between them? What did parishioners think of their priests and what did the clergy think of their people? Was everyone seriously religious, or did some people mock or doubt religion? If these questions have been tackled before, it has usually been by way of claims about what the common people believed in books written by members of the educated ranks about their contemporaries. In contrast, by going directly to other sources of evidence such court records and parish complaints, this book illuminates what ordinary people actually said and did.
ZVI RAZI
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198201908
- eISBN:
- 9780191675065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201908.003.0011
- Subject:
- History, British and Irish Medieval History, Social History
Drawing on the court rolls of the West Midlands manor of Halesowen between 1270 and 1400, this chapter estimates the range of effective kin in the village in order to investigate how extended kin ...
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Drawing on the court rolls of the West Midlands manor of Halesowen between 1270 and 1400, this chapter estimates the range of effective kin in the village in order to investigate how extended kin groups were formed, to study their role, and to analyze the relationships between parents and children, and between siblings. Data from Halesowen court rolls suggest that the majority of households in the medieval period contained only nuclear families, even though households with extended families, both horizontally and vertically, were also quite common.Less
Drawing on the court rolls of the West Midlands manor of Halesowen between 1270 and 1400, this chapter estimates the range of effective kin in the village in order to investigate how extended kin groups were formed, to study their role, and to analyze the relationships between parents and children, and between siblings. Data from Halesowen court rolls suggest that the majority of households in the medieval period contained only nuclear families, even though households with extended families, both horizontally and vertically, were also quite common.
Hannah Barker
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199299713
- eISBN:
- 9780191714955
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299713.003.0006
- Subject:
- History, British and Irish Modern History
This chapter further explores women's involvement in different types of enterprise. It examines the issue of female power more closely, using legal documents to assess women's relationship to ...
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This chapter further explores women's involvement in different types of enterprise. It examines the issue of female power more closely, using legal documents to assess women's relationship to property and the law, and diaries and correspondence to judge the degree to which businesswomen could operate independently of their menfolk. A broad spectrum of experience is uncovered, with evidence of female agency as common as material describing their subjugation.Less
This chapter further explores women's involvement in different types of enterprise. It examines the issue of female power more closely, using legal documents to assess women's relationship to property and the law, and diaries and correspondence to judge the degree to which businesswomen could operate independently of their menfolk. A broad spectrum of experience is uncovered, with evidence of female agency as common as material describing their subjugation.
Leslie Peirce
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780520228900
- eISBN:
- 9780520926974
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520228900.003.0006
- Subject:
- History, Middle East History
This chapter examines how morality animated the work of the court and its users in Aintab. It explains that preserving reputation was a goal of much litigation at court and of many of the voluntary ...
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This chapter examines how morality animated the work of the court and its users in Aintab. It explains that preserving reputation was a goal of much litigation at court and of many of the voluntary statements which Aintabans had the judge write into the court record. The chapter discusses two general issues that affected the ways in which individuals approached the court. The first was the nature of the case at hand; and the second was resistance to the hierarchy of social and moral worth discussed in the previous chapter.Less
This chapter examines how morality animated the work of the court and its users in Aintab. It explains that preserving reputation was a goal of much litigation at court and of many of the voluntary statements which Aintabans had the judge write into the court record. The chapter discusses two general issues that affected the ways in which individuals approached the court. The first was the nature of the case at hand; and the second was resistance to the hierarchy of social and moral worth discussed in the previous chapter.
Lynn M. LoPucki
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199914333
- eISBN:
- 9780199980185
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199914333.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not ...
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This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not only to the documents in court files, but also to the answers to millions of the most important questions regarding the system's performance. The chapter summarizes a larger project in which the author sought to project the consequences of elimination of the two most important remaining barriers to federal court system transparency: the current charge of eight cents per page for obtaining court documents through PACER (Public Access to Court Electronic Records) and the need for human intervention to extract data from the PDF forms posted on PACER. It begins by describing the technological challenge of converting PACER data into useful views of the court system. It then turns to the substantial benefits that would flow from providing those views. Lastly, it lists and responds to the objections that have been, and will be, made to the federal courts' efforts to render their operations transparent.Less
This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not only to the documents in court files, but also to the answers to millions of the most important questions regarding the system's performance. The chapter summarizes a larger project in which the author sought to project the consequences of elimination of the two most important remaining barriers to federal court system transparency: the current charge of eight cents per page for obtaining court documents through PACER (Public Access to Court Electronic Records) and the need for human intervention to extract data from the PDF forms posted on PACER. It begins by describing the technological challenge of converting PACER data into useful views of the court system. It then turns to the substantial benefits that would flow from providing those views. Lastly, it lists and responds to the objections that have been, and will be, made to the federal courts' efforts to render their operations transparent.
Lawrence Stone
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198226512
- eISBN:
- 9780191678646
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198226512.001.0001
- Subject:
- History, British and Irish Early Modern History, Social History
Despite the infamous divorce of Henry VIII in 1529, subsequent moral, political, and religious attitudes ensured that until 1857, England was the only Protestant country with virtually no facilities ...
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Despite the infamous divorce of Henry VIII in 1529, subsequent moral, political, and religious attitudes ensured that until 1857, England was the only Protestant country with virtually no facilities for full divorce on the grounds of adultery, desertion, or cruelty. Using a mass of transcribed legal testimonies, taken from hitherto unexplored court records, this book uncovers the means by which laity and lawyers reformed the divorce laws, and offers insights into our ancestors' changing views about what makes a marriage. Using personal accounts in which witnesses speak freely about their moral attitudes towards love, sex, adultery, and marriage, it reveals the full and complex story of how English men and women have contrived to use, twist, or defy the law in order to deal with marital breakdown.Less
Despite the infamous divorce of Henry VIII in 1529, subsequent moral, political, and religious attitudes ensured that until 1857, England was the only Protestant country with virtually no facilities for full divorce on the grounds of adultery, desertion, or cruelty. Using a mass of transcribed legal testimonies, taken from hitherto unexplored court records, this book uncovers the means by which laity and lawyers reformed the divorce laws, and offers insights into our ancestors' changing views about what makes a marriage. Using personal accounts in which witnesses speak freely about their moral attitudes towards love, sex, adultery, and marriage, it reveals the full and complex story of how English men and women have contrived to use, twist, or defy the law in order to deal with marital breakdown.
John B. Nann and Morris L. Cohen
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780300118537
- eISBN:
- 9780300235685
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300118537.003.0004
- Subject:
- Law, Legal History
This chapter explores the sources and techniques useful for finding information about the legal culture and law of individual colonies. While the rights and laws of England were the primary source of ...
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This chapter explores the sources and techniques useful for finding information about the legal culture and law of individual colonies. While the rights and laws of England were the primary source of the laws of the colonies, local laws also governed. Indeed, each of the thirteen North American colonies had different fundamental laws, charters, and local legislation and courts. Publication of American law books came slowly from the earliest American printing presses. Not surprisingly, these first books were not carefully written legal treatises. They were instead publications of the colonial governments—often statutory—and “how-to” manuals and formbooks primarily designed for justices of the peace, law officers, and town officials. Other sources of information on colonial law include colonial charters and legislation, royal proclamations, colonial court decisions, and colonial court records.Less
This chapter explores the sources and techniques useful for finding information about the legal culture and law of individual colonies. While the rights and laws of England were the primary source of the laws of the colonies, local laws also governed. Indeed, each of the thirteen North American colonies had different fundamental laws, charters, and local legislation and courts. Publication of American law books came slowly from the earliest American printing presses. Not surprisingly, these first books were not carefully written legal treatises. They were instead publications of the colonial governments—often statutory—and “how-to” manuals and formbooks primarily designed for justices of the peace, law officers, and town officials. Other sources of information on colonial law include colonial charters and legislation, royal proclamations, colonial court decisions, and colonial court records.
Hannah Barker
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780199299713
- eISBN:
- 9780191714955
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299713.003.0005
- Subject:
- History, British and Irish Modern History
This chapter concerns women's involvement in different types of enterprise: principally family firms, but also as independent traders and in partnerships with others. Evidence from directories, court ...
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This chapter concerns women's involvement in different types of enterprise: principally family firms, but also as independent traders and in partnerships with others. Evidence from directories, court records, and correspondence suggests the variety of forms that female engagement with commerce could take, and the differing hierarchies within small businesses. It shows that women were not always subordinate to men, and that considerations of age, wealth, and skill could override those of gender.Less
This chapter concerns women's involvement in different types of enterprise: principally family firms, but also as independent traders and in partnerships with others. Evidence from directories, court records, and correspondence suggests the variety of forms that female engagement with commerce could take, and the differing hierarchies within small businesses. It shows that women were not always subordinate to men, and that considerations of age, wealth, and skill could override those of gender.
Maria Ågren
- Published in print:
- 2009
- Published Online:
- July 2014
- ISBN:
- 9780807833209
- eISBN:
- 9781469604589
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807898451_agren.5
- Subject:
- Law, Legal History
This chapter presents an analysis based on sixteenth- and seventeenth-century court records. These are not ideal sources if one wants to know how ordinary people generally disposed of and thought ...
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This chapter presents an analysis based on sixteenth- and seventeenth-century court records. These are not ideal sources if one wants to know how ordinary people generally disposed of and thought about property. Every court case is unique in some sense, which makes it difficult to establish a set of cases that is sufficiently large and coherent to allow for any general conclusions. For all their shortcomings, however, court records are still the best sources available for this period. With their help, it has been possible to determine some basic characteristics of the Swedish property system and what the implications for women were. It is clear that a rhetoric of kinship played a very prominent role in early modern Swedish society.Less
This chapter presents an analysis based on sixteenth- and seventeenth-century court records. These are not ideal sources if one wants to know how ordinary people generally disposed of and thought about property. Every court case is unique in some sense, which makes it difficult to establish a set of cases that is sufficiently large and coherent to allow for any general conclusions. For all their shortcomings, however, court records are still the best sources available for this period. With their help, it has been possible to determine some basic characteristics of the Swedish property system and what the implications for women were. It is clear that a rhetoric of kinship played a very prominent role in early modern Swedish society.
Stilt Talar
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199602438
- eISBN:
- 9780191729348
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199602438.003.0001
- Subject:
- Law, Legal History
The Introduction places the book in the context of the larger “law and society” literature and explains why the legal official at the center of the book, the muhtasib, is an ideal point of entry into ...
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The Introduction places the book in the context of the larger “law and society” literature and explains why the legal official at the center of the book, the muhtasib, is an ideal point of entry into the practice of law in Mamluk Egypt. The Introduction explains how this book follows in the line of studies that have used court records from historical Muslim societies and those that have used fatwas, the legal opinions of muftis. It discusses the sources used in the book and presents the book’s methodology, and then outlines the contents of the remaining chapters.Less
The Introduction places the book in the context of the larger “law and society” literature and explains why the legal official at the center of the book, the muhtasib, is an ideal point of entry into the practice of law in Mamluk Egypt. The Introduction explains how this book follows in the line of studies that have used court records from historical Muslim societies and those that have used fatwas, the legal opinions of muftis. It discusses the sources used in the book and presents the book’s methodology, and then outlines the contents of the remaining chapters.
James E. Baldwin
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9781474403092
- eISBN:
- 9781474430425
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474403092.003.0001
- Subject:
- History, Middle East History
The introduction sets the historiographical context for the book. It explains how the book’s arguments relate to the fields of Islamic legal studies and Ottoman history, and explores the concept of ...
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The introduction sets the historiographical context for the book. It explains how the book’s arguments relate to the fields of Islamic legal studies and Ottoman history, and explores the concept of legal pluralism. It also provides an overview of the sources used in this study.Less
The introduction sets the historiographical context for the book. It explains how the book’s arguments relate to the fields of Islamic legal studies and Ottoman history, and explores the concept of legal pluralism. It also provides an overview of the sources used in this study.
William J. Cuddihy
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195367195
- eISBN:
- 9780199867448
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195367195.003.0001
- Subject:
- Law, Legal History
“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's ...
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“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's methods of search and seizure had begun, and by 1642, Englishmen of diverse backgrounds already assumed that certain methods merited extinction as illegal and illegitimate. This chapter discusses English opinion regarding search and seizure before 1580, English opinion regarding search and seizure, 1580-1642; the structure of English opinion regarding search and seizure, 1580-1642; and the anatomy of Tudor–Stuart opinion on search and seizure, to 1642.Less
“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's methods of search and seizure had begun, and by 1642, Englishmen of diverse backgrounds already assumed that certain methods merited extinction as illegal and illegitimate. This chapter discusses English opinion regarding search and seizure before 1580, English opinion regarding search and seizure, 1580-1642; the structure of English opinion regarding search and seizure, 1580-1642; and the anatomy of Tudor–Stuart opinion on search and seizure, to 1642.
Ulinka Rublack
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780198208860
- eISBN:
- 9780191678165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208860.003.0008
- Subject:
- History, European Early Modern History
The study has shown how sixteenth- and seventeenth-century elites in the southwest Germany used the law to enforce their notions of moral and sexual order, and how this affected ordinary women. Trial ...
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The study has shown how sixteenth- and seventeenth-century elites in the southwest Germany used the law to enforce their notions of moral and sexual order, and how this affected ordinary women. Trial records have illuminated the family histories, material conditions, life experiences, and social practices of women who are not often written about: the thieves and maidservants, day-labourers, artisan wives, and single mothers of early modern Germany. Court records thus point to a seventeenth-century tightening of patriarchal values through the enforced prosecution of illegitimate sexual relations, bastard-bearing, and infanticide. This was linked to efforts to naturalize maternal love and praise chastity and marriage as women's sole avenues towards respectability.Less
The study has shown how sixteenth- and seventeenth-century elites in the southwest Germany used the law to enforce their notions of moral and sexual order, and how this affected ordinary women. Trial records have illuminated the family histories, material conditions, life experiences, and social practices of women who are not often written about: the thieves and maidservants, day-labourers, artisan wives, and single mothers of early modern Germany. Court records thus point to a seventeenth-century tightening of patriarchal values through the enforced prosecution of illegitimate sexual relations, bastard-bearing, and infanticide. This was linked to efforts to naturalize maternal love and praise chastity and marriage as women's sole avenues towards respectability.
Murray Colin and Sanders Peter
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780748622849
- eISBN:
- 9780748652952
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748622849.003.0006
- Subject:
- Society and Culture, African Studies
Who instigated medicine murders? What did they want to achieve, and why? Who were drawn in as accomplices? Were they driven by loyalty or fear? In considering these questions, this chapter looks at ...
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Who instigated medicine murders? What did they want to achieve, and why? Who were drawn in as accomplices? Were they driven by loyalty or fear? In considering these questions, this chapter looks at the evidence relating to individual cases in aggregate. This consists primarily of court records, supported mainly by G. I. Jones's report and newspaper accounts. The statistical analysis is confined to 129 cases in the colonial period in which legal proceedings were brought. Although the court was centrally concerned with establishing whether or not the accused were guilty of murder and rarely examined in any detail the social and political context, it is possible to analyse patterns of participation and varieties of motive through detailed scrutiny of the records as a whole. Typically, a chief or headman who wanted liretlo enlisted the help of several accomplices and they carried out the murder together.Less
Who instigated medicine murders? What did they want to achieve, and why? Who were drawn in as accomplices? Were they driven by loyalty or fear? In considering these questions, this chapter looks at the evidence relating to individual cases in aggregate. This consists primarily of court records, supported mainly by G. I. Jones's report and newspaper accounts. The statistical analysis is confined to 129 cases in the colonial period in which legal proceedings were brought. Although the court was centrally concerned with establishing whether or not the accused were guilty of murder and rarely examined in any detail the social and political context, it is possible to analyse patterns of participation and varieties of motive through detailed scrutiny of the records as a whole. Typically, a chief or headman who wanted liretlo enlisted the help of several accomplices and they carried out the murder together.
John Henderson
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780300196344
- eISBN:
- 9780300249286
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300196344.003.0008
- Subject:
- History, European Early Modern History
This chapter assesses the everyday life of the inhabitants who remained in the city, not having been taken off to a Lazaretto or to a quarantine centre. It provides a more nuanced picture of the ...
More
This chapter assesses the everyday life of the inhabitants who remained in the city, not having been taken off to a Lazaretto or to a quarantine centre. It provides a more nuanced picture of the identity and reactions of the poorer levels of society through a discussion of how the criminal justice system in Florence worked in practice. These records reveal that many prosecutions were of individuals and families who had adopted strategies to survive. Trials, interviews, and witness statements reflect the personal experience of how the city's population dealt with being shut up at home, leading to isolation and deprival of their normal means of support as families were split up and economic activities were banned. Court records reflect not just an extraordinary amount of social activity, despite the imposition of measures of social and sanitary control, as people escaped from locked-up houses, climbed over roofs to visit family, friends, or prostitutes, and tried to carry on their normal trades to help starving families. If economic hardship formed a major motive for people breaking out of and into houses, there were also organised gangs who exploited the crisis and conducted criminal activities, which led to the theft of valuables from locked houses and isolation and quarantine centres.Less
This chapter assesses the everyday life of the inhabitants who remained in the city, not having been taken off to a Lazaretto or to a quarantine centre. It provides a more nuanced picture of the identity and reactions of the poorer levels of society through a discussion of how the criminal justice system in Florence worked in practice. These records reveal that many prosecutions were of individuals and families who had adopted strategies to survive. Trials, interviews, and witness statements reflect the personal experience of how the city's population dealt with being shut up at home, leading to isolation and deprival of their normal means of support as families were split up and economic activities were banned. Court records reflect not just an extraordinary amount of social activity, despite the imposition of measures of social and sanitary control, as people escaped from locked-up houses, climbed over roofs to visit family, friends, or prostitutes, and tried to carry on their normal trades to help starving families. If economic hardship formed a major motive for people breaking out of and into houses, there were also organised gangs who exploited the crisis and conducted criminal activities, which led to the theft of valuables from locked houses and isolation and quarantine centres.
Simone Laqua-O’Donnell
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199683314
- eISBN:
- 9780191763236
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199683314.003.0004
- Subject:
- History, European Early Modern History, History of Religion
By looking at court records, this chapter shows how the Tridentine decrees on marriage influenced the behaviour of the civic authorities as well as that of the people they governed. How did the city ...
More
By looking at court records, this chapter shows how the Tridentine decrees on marriage influenced the behaviour of the civic authorities as well as that of the people they governed. How did the city fathers try to regulate marriage in Münster and how did early modern men and women respond to such interference? The chapter also uncovers the attitudes of early modern men and women towards marriage and discusses how early modern people understood themselves in relation to one of the most intimate aspects of their lives. The final part shows how the authorities tried to solve marital problems when divorce was not an option.Less
By looking at court records, this chapter shows how the Tridentine decrees on marriage influenced the behaviour of the civic authorities as well as that of the people they governed. How did the city fathers try to regulate marriage in Münster and how did early modern men and women respond to such interference? The chapter also uncovers the attitudes of early modern men and women towards marriage and discusses how early modern people understood themselves in relation to one of the most intimate aspects of their lives. The final part shows how the authorities tried to solve marital problems when divorce was not an option.
