England has traditionally been understood as a latecomer to the use of forensic medicine in death investigation, lagging nearly two-hundred years behind other European authorities. Using the coroner's inquest as a lens, this book hopes to offer a fresh perspective on the process of death investigation in medieval England. The central premise of this book is that medical practitioners did participate in death investigation – although not in every inquest, or even most, and not necessarily in those investigations where we today would deem their advice most pertinent. The medieval relationship with death and disease, in particular, shaped coroners' and their jurors' understanding of the inquest's medical needs and led them to conclusions that can only be understood in context of the medieval world's holistic approach to health and medicine. Moreover, while the English resisted Southern Europe's penchant for autopsies, at times their findings reveal a solid understanding of internal medicine. By studying cause of death in the coroners' reports, this study sheds new light on subjects such as abortion by assault, bubonic plague, cruentation, epilepsy, insanity, senescence, and unnatural death.
In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.
Divorce in Medieval England is intended to reorient scholarly perceptions concerning divorce in the medieval period. Divorce, as we think of it today, is usually considered to be a modern invention. This book challenges that viewpoint, documenting the many and varied uses of divorce in the medieval period and highlighting the fact that couples regularly divorced on the grounds of spousal incompatibility. Because the medieval church was determined to uphold the sacrament of marriage whenever possible, divorce in the medieval period was a much more complicated process than it is today. Thus, this book steps readers through the process of divorce, including: grounds for divorce, the fundamentals of the process, the risks involved, financial implications for wives who were legally disabled thanks to the rules of coverture, the custody and support of children, and finally, what happens after a divorce. Readers will gain a much greater appreciation of marriage and women’s position in later medieval England.
The Language of Abuse provides the first comprehensive examination of marital violence in later medieval England. Drawing from a wide variety of legal and literary sources, this book develops a nuanced perspective of the acceptability of marital violence at a time when social expectations of gender and marriage were in transition. As such, Butler’s work contributes to current debates concerning the role of the jury, levels of violence in late medieval England, the power relationship within marriage, and the position of women in medieval society.
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