The Early History of the Court of Chancery: A Comparative Study

Tucker, Penny

doi:10.1093/ehr/115.463.791

Cited by 9 publications

(1 citation statement)

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“…Writs were issued by the court of Chancery during the course of a case so the number of surviving writs suggests that the vast majority of bills have not survived, although Tucker does moot that the survival rate of bills might have improved by the last quarter of the fifteenth century. 25 Haskett's ECCE project also reports that women only made up 7 percent of respondents in Chancery, which suggests that when women are found in the court's records, it is likely because they chose to take the case there, lending support to Hawkes's argument. 26 Haskett further found that from the 1430s to the 1510s the proportion of female petitioners to female respondents shifted from 80:20 to 52:48, which might "reflect increasing participation in matters of property and inheritance or a more vulnerable state as executors or heirs … [and] some diminished capacity to act at law."…”

Section: Women and Chancery: The Debatesmentioning

confidence: 99%

A Piece of the Puzzle: Women and the Law as Viewed from the Late Medieval Court of Chancery

Beattie¹

2019

J. Br. Stud.

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This article uses fifteenth-century Chancery court bills to demonstrate how women negotiated solutions to social and legal disputes not just in Chancery but through a variety of legal jurisdictions. This approach sheds light on women's actions in courts where the records have not survived, and it also adds nuance to the long-running debate about whether equity was a more favorable jurisdiction for women than the common law. By bringing into view other jurisdictions—such as manorial, borough, and ecclesiastical ones—it demonstrates how litigants might pursue justice in a number of arenas, consecutively or concurrently. Some women approached Chancery because they did not think they would get justice in a lower court, while others were keen that their cases be sent back down so that they could be fully recompensed for the offences against them. A fuller understanding of the disputes to which Chancery bills refer complicates our understanding of why women “chose” Chancery. Chancery is only one piece of the puzzle of how women negotiated justice in late medieval England, but its records can also shed light on some of the missing pieces.

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Section: Women and Chancery: The Debatesmentioning

confidence: 99%

A Piece of the Puzzle: Women and the Law as Viewed from the Late Medieval Court of Chancery

Beattie¹

2019

J. Br. Stud.

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Law Courts and Lawyers in the City of London 1300–1550

Tucker¹

2007

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Between 1300 and 1550, London's courts were the most important English lay law courts outside Westminster. They served the most active and innovative of the local jurisdictions in which custom combined with the common law to produce different legal remedies from those contemporaneously available in the central courts. More importantly for the long term, not only did London's practices affect other local courts, but they influenced the development of the national common law, and quite possibly the development of the legal profession itself. This 2007 book provides a detailed account, accessible to non-legal historians, of the administration of the law by the medieval and early modern city of London. In analysing the workings of London's laws and law courts and the careers of those who worked in them, it shows how that administration, and those involved in it, helped to shape the modern English law.

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“Most Hevynesse and Sorowe”: The Presence of Emotions in the Late Medieval and Early Modern Court of Chancery

Bailey¹

2019

Law hist. rev.

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Finding emotions in medieval and early modern sources is one of the more difficult challenges currently facing historians. The task of uncovering emotions in legal records is even more fraught. Legal sources were precisely crafted to meet legal requirements and jurisdictional issues. Equally, emotions were not part of the jurisdiction of any court in the late Middle Ages or early modern period and there was no legal interest in eliciting them from litigants. Why then would we begin to think it is possible to find emotions in these legal records? This article invites social and legal historians to begin considering these questions by investigating the emotions in cases brought into the court of Chancery between 1386 and 1558.

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The Early History of the Court of Chancery: A Comparative Study

Cited by 9 publications

References 1 publication

A Piece of the Puzzle: Women and the Law as Viewed from the Late Medieval Court of Chancery

A Piece of the Puzzle: Women and the Law as Viewed from the Late Medieval Court of Chancery

Law Courts and Lawyers in the City of London 1300–1550

“Most Hevynesse and Sorowe”: The Presence of Emotions in the Late Medieval and Early Modern Court of Chancery

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