Litigants in the English “Court of Poor Men's Causes,” or Court of Requests, 1515–25 (original) (raw)

The early-Tudor English government oversaw the rise of various centralised courts offering the king's subjects access to extraordinary justice in their private suits. One such new arena was the ‘Court of Requests’, an early equity or conscience court long overshadowed in histories of the period by the better-known courts of Star Chamber and Chancery. This article analyses the little-studied Requests archives to ask who sued there and when/why the court became associated with specifically poor men's causes. Focusing on the formative decade of ‘popularisation’ between 1515 and 1525, it finds that whilst litigants appear to have been largely from the lower sectors of society compared to their counterparts in the other conciliar courts, most petitioners opted for imprecise, rhetorical and non-static descriptions of their relative poverty – defined not just economically, but also in terms of age, property, and kin – in comparison to their opponents, appealing to the specific inte...

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Access to Justice: Legal Aid to the Poor at Civil Law Courts in the Eighteenth-Century Low Countries

Law and History Review, 2014

Medieval and early modern rulers commonly proclaimed that protecting the legal entitlements of the personae miserabiles, who included widows, orphans, the chronically ill and “the poor,” was among their principal duties. The entitlement of the poor to legal services was not a matter of grace but was in fact their “good right.” For example, widows, orphans, and other personae miserabili had the privilege of being heard in first instance before high courts, so as to save time and costs in pursuing their legal claims. Another example of manifest commitment to legal entitlement for the poor was the refusal of Philip II of Habsburg to consent to measures that would limit the jurisdiction of his Castilian chanceries; the measures had been proposed so as to limit the chanceries’ ever-increasing workload, but, because they could also restrict indigents' access to such courts, were rejected by the monarch. At first glance, such inclusiveness appears to have been achieved, particularly in...

Law and Equity in a Medieval English Manor Court

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Review of Lawyers at Play: Literature, Law, and Politics at the Early Modern Inns of Court, 1558-1581, by Jessica Winston, Oxford University Press, 2016

Law & Literature, 2019

Review of Lawyers at Play: Literature, Law, and Politics at the Early Modern Inns of Court, 1558-1581, by Jessica Winston, Oxford University Press, 2016, pp. 288. ISBN 978-0-19-19-876942-2

Agents of Justice: Female Plaintiffs in the King’s Court in Thirteenth and Fourteenth-Century England

2016

It has often been assumed that medieval women, noble or common, had little or no agency, were forced into submissive roles by dominating men, and had little control over their day-today lives. Theoretical statements about law served to support these assumptions as they forbade women from prosecuting men for any crimes other than the murder of her husband or for rape. Yet the records of the court proceedings before the king and his justices and the Calendar of Patent Rolls paint a very different picture. The sources themselves show that women regularly came to court to gain compensation and justice for crimes committed against their families, their properties, or their bodies. Female plaintiffs complained to the king and his justices of crimes including murder, assault, robbery, breaking and entering, and arson, and often gained convictions. A narrative driven by female agency demonstrates how English women continued to use the court system in spite of prejudices and restrictions and reveals the ways lawsuits unfolded in practice in thirteenth-and fourteenth-century England. This understanding of legal practice provides a more complete picture of the status of women in English society and medieval attitudes toward gender and justice.

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