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The Civilian Courts and the Probate, Divorce, and Admiralty Division 1

Patrick Polden

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0020
Subject:
Law, Legal History

This chapter discusses the duties and procedures of various courts in the 19th century. These include ecclesiastical courts, the court of Admiralty, court of Probate, and Divorce court.


Crimes and Criminal Procedure

R. H. Helmholz

in The Oxford History of the Laws of England: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198258971
eISBN:
9780191681882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258971.003.0012
Subject:
Law, Legal History

This chapter deals with criminal law. The crimes that came before the spiritual courts were a miscellaneous lot, and the criminal jurisdiction exercised in them was not wholly stable over time. Both ... More


Reputation and the History of Defamation

Lawrence McNamara

in Reputation and Defamation

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231454
eISBN:
9780191710858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231454.003.0004
Subject:
Law, Law of Obligations

Histories of defamation regularly observe that the common law is riddled with anomalies and its development exhibits little doctrinal coherence. To escape the strictures of this traditional doctrinal ... More


Courts

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0022
Subject:
Law, Legal History, Constitutional and Administrative Law

Previous chapters have emphasised that courts were assemblies with many functions. Whilst on occasion they may have dealt with a prevalence of legal matters, these need not have been primarily ... More


Defamation

R. H. Helmholz

in The Oxford History of the Laws of England: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198258971
eISBN:
9780191681882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258971.003.0011
Subject:
Law, Legal History

The subject of this chapter is the law of defamation. Defamation, called libel, played a negligible part in court practice, even though nothing prevented it from being heard by the ecclesiastical ... More


Introduction

Eleanor Hubbard

in City Women: Money, Sex, and the Social Order in Early Modern London

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199609345
eISBN:
9780191739088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609345.003.0001
Subject:
History, British and Irish Early Modern History

This chapter lays out the aim of this book: reconstructing the lives of ordinary early modern London women from their own points of view, as individuals who moved from household to household across ... More


Courts

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0012
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter discusses the courts of Anglo-Norman England. It covers the king's court, county courts, hundred and wapentake courts, lords' courts, ecclesiastical courts, and the transfer of cases ... More


Ecclesiastical Courts

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0013
Subject:
Law, Legal History

This chapter examines the role of the ecclesiastical courts in the judicial system in England during the Tudor period. Each diocese had a consistory court presided over by the bishop's official ... More


Courts

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0003
Subject:
Law, Legal History, Constitutional and Administrative Law

The assemblies to be considered in this chapter were not specialist law-courts, the primary purpose of which was the deciding of disputes; rather they had many functions. Their legal activities ... More


Rural Legal Culture: Ordaining Community

Tom Johnson

in Law in Common: Legal Cultures in Late-Medieval England

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198785613
eISBN:
9780191827464
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785613.003.0002
Subject:
History, British and Irish Medieval History

This chapter argues that legal institutions—manorial, church, and leet or hundred courts—were deeply embedded in rural social relations. These courts had been established as the fulcrum of villagers’ ... More


“No More to Medle of the Matter”: Thomas More, Equity, and the Claims of Jurisdiction

Bradin Cormack

in A Power to Do Justice: Jurisdiction, English Literature, and the Rise of Common Law

Published in print:
2008
Published Online:
February 2013
ISBN:
9780226116242
eISBN:
9780226116259
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226116259.003.0004
Subject:
Literature, 16th-century and Renaissance Literature

Focusing on Sir Thomas More, this chapter reflects on the theoretical implications of centralization for the very idea of a legal norm, and looks at two of More's fictions in which he analyzes the ... More


Cadogan v. Cadogan The lady and the parson, 1777–1794

Lawrence Stone

in Broken Lives: Separation and Divorce in England, 1660-1857

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198202547
eISBN:
9780191675393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202547.003.0011
Subject:
History, British and Irish Early Modern History

In this case, a lawsuit in the ecclesiastical courts during the period 1795–6 was bitterly fought, but the outcome was inevitable. Lord Cadogan won his case, thus gaining three victories: the first ... More


‘My narrow-prying neighbours blab’: moral perceptions of the early modern household

Catherine Richardson

in Domestic Life and Domestic Tragedy in Early Modern England: The Material Life of the Household

Published in print:
2006
Published Online:
July 2012
ISBN:
9780719065446
eISBN:
9781781701164
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065446.003.0002
Subject:
Literature, 16th-century and Renaissance Literature

In late sixteenth-century England, domestic life became the subject of scrutiny: just what was the household, how might it be made to further God's intentions for the world, what ideals should govern ... More


A History of Religious Arbitration

Michael J. Broyde

in Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190640286
eISBN:
9780190640316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190640286.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the premodern use of religious courts to resolve ecclesiastical disputes within Western societies. Religious arbitration is by no means a new mechanism. It dates back hundreds ... More


The Canons of the Church of England

Mark Hill QC

in Ecclesiastical Law

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198807568
eISBN:
9780191845475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198807568.003.0009
Subject:
Law, Legal Profession and Ethics

This section presents the canons of the Church of England. It begins with a background on the Church of England, focusing on the Thirty-Nine Articles of Religion, The Book of Common Prayer, and the ... More


A Comparison of the Influence of Roman Law in England and Scotland☼

William M Gordon

in Roman Law, Scots Law and Legal History: Selected Essays

Published in print:
2007
Published Online:
September 2012
ISBN:
9780748625161
eISBN:
9780748671571
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625161.003.0023
Subject:
Law, Legal History

Scots and English law have common roots evidenced in the connection between Glanvill and Regiam Majestatem but their paths diverged. Scotland followed the Civilian tradition while the English Common ... More


Defamation

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0025
Subject:
Law, Legal History

This chapter addresses the history of the tort of defamation. Although early slander actions are found in manorial courts, the common law at first regarded defamation as beyond its purview and as ... More


Actions on the case for defamation

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0025
Subject:
Law, Legal History

The orthodoxy before 1500 was that the only remedy for defamatory words was a prosecution in the ecclesiastical courts. But it was a hard to deny a remedy if untrue words caused temporal damage, ... More


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