"[S]he never ought to hym any peny therof": Debt, Dispute, and the Marketplace in the Early Sixteenth-Century Courts of Chancery and Star Chamber
Language used before late medieval English equity courts can reveal social and cultural norms. The protracted legal battle of maligned rights, injury, unsettled debts, and stolen goods at the heart of this article illustrates the legal pluralism and gender-neutral claims to helplessness common at th...
Main Author: | |
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Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
Journals Online & Print: | |
Fernleihe: | Fernleihe für die Fachinformationsdienste |
Published: |
Sixteenth Century Journal Publishers, Inc.
2022
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In: |
The sixteenth century journal
Year: 2022, Volume: 53, Issue: 4, Pages: 1021-1043 |
RelBib Classification: | KAH Church history 1648-1913; modern history KBF British Isles NBE Anthropology XA Law |
Further subjects: | B
Legal pluralism
B Lawyers B Equity pleading & procedure B Complaints & complaining B Legal self-representation |
Summary: | Language used before late medieval English equity courts can reveal social and cultural norms. The protracted legal battle of maligned rights, injury, unsettled debts, and stolen goods at the heart of this article illustrates the legal pluralism and gender-neutral claims to helplessness common at the time and noted by other scholars. Read carefully, the rhetorical strategies employed by litigants and their lawyers can be used as a rough proxy to understand the social experience of the marketplace referenced in courtrooms. In the dispute between Alice Playstowe and Lawrence Mongomery, men relied upon reputation while women often drew upon gendered expectations to wage their law. Combined, the written record of their complaints and defenses suggests a business world in which men were expected to rely upon formal networks of associates, in which women were presumed to be active participants, and in which written agreements and mutual trust were respected by all. |
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ISSN: | 2326-0726 |
Contains: | Enthalten in: The sixteenth century journal
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