Criminal Inquisitorial Trials In English Church Courts

Author : Henry Ansgar Kelly
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2023
Category : Criminal law
ISBN : 0813237386

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Criminal-inquisitorial Trials in English Church Courts by Henry Ansgar Kelly Pdf

"In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants"--

Author : Henry Ansgar Kelly
Publisher : CUA Press
Page : 488 pages
File Size : 49,6 Mb
Release : 2023
Category : Religion
ISBN : 9780813237374

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Criminal-Inquisitorial Trials in English Church Courts by Henry Ansgar Kelly Pdf

After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England's first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses?like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More's chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.

Author : Henry Ansgar Kelly
Publisher : Variorum Publishing
Page : 354 pages
File Size : 52,5 Mb
Release : 2001-01-01
Category : History
ISBN : 0860788393

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Inquisitions and Other Trial Procedures in the Medieval West by Henry Ansgar Kelly Pdf

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 : Maureen Mulholland,Brian Pullan,R. A. Melikan
Publisher : Manchester University Press
Page : 210 pages
File Size : 41,6 Mb
Release : 2003-06-28
Category : History
ISBN : 0719063426

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Judicial Tribunals in England and Europe, 1200-1700 by Maureen Mulholland,Brian Pullan,R. A. Melikan Pdf

Now available in paperback for the first time, this book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. Chapters consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time.

Author : Maureen Mulholland
Publisher : Manchester University Press
Page : 199 pages
File Size : 48,6 Mb
Release : 2018-07-30
Category : History
ISBN : 9781526137463

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Judicial tribunals in England and Europe, 1200–1700 by Maureen Mulholland Pdf

This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. Chapters consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time.

Author : John G. Bellamy
Publisher : University of Toronto Press
Page : 218 pages
File Size : 50,7 Mb
Release : 1998-01-01
Category : Law
ISBN : 0802042953

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The Criminal Trial in Later Medieval England by John G. Bellamy Pdf

This book represents the first full-length study of the English criminal trial in a crucial period of its development (1300-1550). Based on prime source material, The Criminal Trial in Later Medieval England uses legal treatises, contemporary reports of instructive cases, chancery rolls, state papers and court files and rolls to reconstruct the criminal trial in the later medieval and early Tudor periods. There is particular emphasis on the accusation process (studied in depth here for the first time, showing how it was, in effect, a trial within a trial); the discovery of a veritable revolution in conviction rates between the early fifteenth century and the later sixteenth (why this revolution occurred is explained in detail); the nature and scope of the most prevalent types of felony in the period; and the startling contrast between the conviction rate and the frequency of actual punishment. The role of victims, witnesses, evidence, jurors, justices and investigative techniques are analysed. John Bellamy is one of the foremost scholars in the field of English criminal justice and in The Criminal Trial in Later Medieval England gives a masterful account of what the medieval legal process involved. He guides the reader carefully through the maze of disputed and controversial issues, and makes clear to the non-specialist why these disputes exist and what their importance is for a fuller understanding of medieval criminal law. Those with a special interest in medieval law, as well as all those interested in how society deals with crime, will appreciate Professor Bellamy's clarity and wisdom and his careful blend of critical overview and new insights.

Author : John Hill Burton
Publisher : London : Chapman and Hall
Page : 338 pages
File Size : 54,7 Mb
Release : 1852
Category : Crime
ISBN : NYPL:33433075882450

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Narratives from Criminal Trials in Scotland by John Hill Burton Pdf

Author : Thomas A. Fudge
Publisher : Oxford University Press
Page : 368 pages
File Size : 40,8 Mb
Release : 2013-04-30
Category : Religion
ISBN : 9780199988099

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The Trial of Jan Hus by Thomas A. Fudge Pdf

Six hundred years ago, the Czech priest Jan Hus (1371-1415) traveled out of Bohemia, never to return. After a five-year legal ordeal that took place in Prague, in the papal curia, and finally in southern Germany, the case of Jan Hus was heard by one of the largest and most magnificent church gatherings in medieval history: the Council of Constance. Before a huge audience, Hus was burned alive as a stubborn and disobedient heretic. His trial sparked intense reactions and opinions ranging from satisfaction to accusations of judicial murder. Thomas A. Fudge offers the first English-language examination of the indictment, relevant canon law, and questions of procedural legality. In the modern world, there is instinctive sympathy for a man burned alive for his convictions, and it is presumed that any court that sanctioned such an action must have been irregular. Was Hus guilty of heresy? Were his doctrinal convictions contrary to established ideas espoused by the Latin Church? Was his trial legal? Despite its historical significance and the controversy it provoked, the trial of Jan Hus has never before been the subject of a thorough legal analysis or assessed against prevailing canonical legislation and procedural law in the later Middle Ages. The Trial of Jan Hus shows how this popular and successful priest became a criminal suspect and a convicted felon, and why he was publicly executed, providing critical insight into what may have been the most significant heresy trial of the Middle Ages.

Author : Sir John Macdonell
Publisher : Unknown
Page : 168 pages
File Size : 54,7 Mb
Release : 1931
Category : Trials
ISBN : UGA:32108011375154

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Historical Trials by Sir John Macdonell Pdf

Author : Maureen Mulholland,R. A. Melikan
Publisher : Manchester University Press
Page : 212 pages
File Size : 49,6 Mb
Release : 2003
Category : History
ISBN : 0719064864

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Domestic and International Trials, 1700-2000 by Maureen Mulholland,R. A. Melikan Pdf

Focusing both on English criminal, military, and parliamentary trials, and upon national and international trials for war crimes, this book illuminates the diverse forces that have shaped trials during the modern era.

Author : Leonard Williams Levy
Publisher : Ivan R. Dee Publisher
Page : 136 pages
File Size : 41,9 Mb
Release : 1999
Category : Jury
ISBN : UOM:39015042769748

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The Palladium of Justice by Leonard Williams Levy Pdf

Trial by jury is the mainstay of the accusatorial system of criminal justice. Here one of our most distinguished constitutional scholars, the Pulitzer Prize-winning Leonard Levy, brings his formidable skills to bear in tracing the development of what many great legal minds have called the Palladium of Justice. Recounting this history with his characteristic clarity, vigor, and elegance of expression, Mr. Levy has given us a brilliant and useful summary of one of our most cherished freedoms. Incisively, thoroughly, and thoughtfully as always-Leonard Levy offers historical meaning and understanding to one of our most basic rights. Stanley I. Kutler

Author : Catholic Church. Diocese of London (England). Courts,R. W. Dunning
Publisher : Unknown
Page : 280 pages
File Size : 48,5 Mb
Release : 1973
Category : Courts
ISBN : OCLC:150696420

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A Series of Precedents and Proceedings in Criminal Causes by Catholic Church. Diocese of London (England). Courts,R. W. Dunning Pdf

Author : John Henry Merryman,Rogelio Pérez-Perdomo
Publisher : Stanford University Press
Page : 196 pages
File Size : 46,8 Mb
Release : 2007-05-21
Category : Law
ISBN : 0804755698

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The Civil Law Tradition, 3rd Edition by John Henry Merryman,Rogelio Pérez-Perdomo Pdf

This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.

Author : Joseph de Maitre,Wyatt North
Publisher : Wyatt North Publishing, LLC
Page : 129 pages
File Size : 43,9 Mb
Release : 1838
Category : History
ISBN : 8210379456XXX

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Letters on the Spanish Inquisition by Joseph de Maitre,Wyatt North Pdf

The Letters, which I now present to the public, were addressed to a Russian Nobleman, who, it appears, entertained all those same notions, and that same abhorrence, of the Inquisition, which, in this country, are so deeply imprinted on the public mind. He wrote them, at the request of his noble friend, who,—although so strongly prejudiced against the Tribunal, was, still, willing, and desirous, to be instructed. They were written, in the year 1815,—that is, three years after the suppression of the Inquisition by the Revolutionary Cortes; and in the year of its re-establishment by Ferdinand:—whence, also, he speaks of it, as, at that time, actually existing. But, in order to satisfy his friend, that the accounts, which he gives of it, are not the dictates of any partiality, he borrows a great part of the authorities, and documents, which he cites, from the Official Reports themselves, of the Committee of the Cortes,—that is, from the testimonials of the men, who had abolished the Institution; and who, therefore, were its bitterest enemies.

Author : Elizabeth Hardman
Publisher : BRILL
Page : 272 pages
File Size : 52,6 Mb
Release : 2016-09-12
Category : History
ISBN : 9789004329683

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Conflicts, Confessions, and Contracts by Elizabeth Hardman Pdf

Elizabeth Hardman uses notarial records from the 1480s to explore the nature of criminal and civil justice at the bishop’s court of Carpentras and compare it to other secular and ecclesiastical courts.