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Medieval law: Ravishment and bankruptcy watch

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    Okay so this isn't news and current affairs (I wrote this blogpost), per se, I just wanted to post it somewhere it might actually get seen. John McTernan and and several QCs retweeted it. A prominent employment silk said I should send it on to Counsel (the trade rag for barristers).

    It's a medieval legal case where a woman had to prove she wasn't raped in order to keep ownership of her private prison. It's quite remarkable both for the subject matter, and for how all the elements of our current legal system (parliament, the courts, the justices, the barristers) were already in place in the 1460s (and much earlier).

    Oh and if you love film, check out the Barry Lyndon link.

    https://orderofthecoif.wordpress.com...-fleet-prison/

    nulli tertius Bornblue
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    Fascinating case! Not big into legal history, though it does overlap with my own topics of interest. Funny that it was by keeping the trappings of the outmoded accusatorial process rather than adopting the 'innovative' inquisitorial system that England ended up with such an advanced legal system by the late medieval period.
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    (Original post by AlexanderHam)
    Okay so this isn't news and current affairs (I wrote this blogpost), per se, I just wanted to post it somewhere it might actually get seen. John McTernan and and several QCs retweeted it. A prominent employment silk said I should send it on to Counsel (the trade rag for barristers).

    It's a medieval legal case where a woman had to prove she wasn't raped in order to keep ownership of her private prison. It's quite remarkable both for the subject matter, and for how all the elements of our current legal system (parliament, the courts, the justices, the barristers) were already in place in the 1460s (and much earlier).

    Oh and if you love film, check out the Barry Lyndon link.

    https://orderofthecoif.wordpress.com...-fleet-prison/

    nulli tertius Bornblue
    That is impressive.

    One very minor carp. If the Demandant had demurred, the case wouldn't have gone to a jury. I suspect the Demandant advanced a tentative pleading in the style of the day but in the end didn't go through with a demurrer. If the Demandant demurred, then if he failed to make good the argument, the Tenant would not have to prove her case. The Tenant would have won automatically.

    There is one other thing I don't understand. How does Babington bring a writ of novel deseisin? When was he ever seised?
 
 
 
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