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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Inquisitions and Other Trial Procedures in the Medieval West

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ISBN13: 9780860788393
ISBN: 0860788393
Published: December 2002
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £100.00

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""Inquisition"" was the new form of criminal procedure that was developed by the lawyer - Pope Innocent III and given definitive form at the Fourth Lateran Council in 1215.

It has since developed a notoriety which has obscured the reality of the procedure. In contrast to the old Roman system of relying on volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor and final judge.

A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused or ignored, but in all cases appeal and redress were at least theoretically possible.

Unlike continental practice, in England inquisitorial procedure was mainly limited to local church courts, while on the secular side native procedures developed, most notably the jury. Private accusers, however, were still to be seen, illustrated here in the studies on ""appeals"" of sexual rape.

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Legal History, Trials
Inquisition and the prosecution of heresy - misconceptions and abuses; inquisitorial due process and the status of secret crimes; the right to remain silent - before and after Joan of Arc; Joan of Arc's last trial - the attack of the devil's advocates; trial procedure against Wyclif anf Wycliffites in England and at the Council of Constance; Lollard inquisitions - due and undue process; English kings and the fear of sorcery; the case against Edward IV's marriage and offspring - secrecy; witchcraft; secrecy; precontract; statutes of rapes and alleged ravishers of wives - a context for the charges against Thomas Malory, knight; meanings and uses of ""raptus"" in Chaucer's time.