Download e-book for kindle: Aliens in Medieval Law: The Origins of Modern Citizenship by Keechang Kim
By Keechang Kim
During this unique reinterpretation of the criminal prestige of foreigners in medieval England, Keechang Kim proposes a substantially new figuring out of the genesis of the trendy felony regime and the real contrast among voters and noncitizens. Making complete use of medieval and early glossy assets, the publication examines how feudal criminal arguments have been remodeled through the political theology of the center a long time to develop into the foundation of the fashionable criminal outlook. This cutting edge examine will curiosity lecturers, attorneys, and scholars of criminal background, immigration and minority matters.
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Extra resources for Aliens in Medieval Law: The Origins of Modern Citizenship
36 In 1373, for example, the burgesses of Beverley were asked to pay tolls in York. Their goods were seized upon failure to comply with the demand. 37 Whether or not these merchants of Beverley were English was irrelevant. No one was asking whether they owed allegiance to the English king. All that mattered was whether they had speci®cally acquired the necessary liberty, and how they could prove it. The Norwich customs document (c. '38 All other categorical divisions ± such as 35 36 37 38 Liber albus, Rolls series (1859) p.
45 However, it took more than a century before the legal profession ®nally accepted the urgent plea that the mechanism for allocation of ecclesiastical bene®ces should be changed in the interest of the king's liege-clerks. Only then was the Commons' political argument provided with the institutionalised means of coercion, and could therefore systematically alter the patterns of forcible distribution of resources among individuals (if the reform was vigorously enforced). This is what we call a legal change.
26 Although the piepowder court was initially developed to meet the special needs of markets and fairs only, the procedural arrangement appears to have become more widely available for foreign merchants later on. Liber albus of London, for example, has the following passage (c. 27 The procedures of the staple court may also be discussed in this connection. The aim of the staple court was to offer `speedy trial . . from day to day and hour to hour'. If an inquest had to be taken, it ought to be composed wholly of foreigners when both parties were foreigners, wholly of denizens when both parties were 25 26 27 For procedural details of the piepowder court, see Select cases concerning the law merchant, 1270±1638, I, introduction.
Aliens in Medieval Law: The Origins of Modern Citizenship by Keechang Kim