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Maureen Mulholland

medieval law courts, and much of the court’s work was concerned with deciding in what ways the parties should be allowed or required to prove their case. By the twelfth century, the old Saxon trial by ordeal was no longer used and the Norman innovation of trial by battle had faded away from disputes over freehold land, after the introduction by Henry II of the Grand Assize as an alternative to battle. Trial by combat survived in the old procedure of appeal of felony, but this too had fallen into disuse after the reign of Henry II. Of the ancient methods of proof which

in Judicial tribunals in England and Europe, 1200–1700
Anthony Musson

(Chicago, 1985), pp. 28–33, 66–9: ‘Whether the bench questioned juries at gaol delivery . . . remains unclear’ (ibid., p. 68 n8). 69 For example: JUST 3/117 m7d. 70 Two such instances reached the Court of King’s Bench: Sayles (ed.), Select Cases, VI, pp. 21–5, 133. 71 JUST 3/49/2 m8d. 72 JUST 3/48 m33. 55 Anthony Musson 73 For example: JUST 3/48 m11d; 49/1 m2. 74 JUST 3/125 m1. 75 For a more detailed discussion see A. Musson, Medieval Law in Context: The Growth of Legal Consciousness from Magna Carta to the Peasants’ Revolt (Manchester, 2001), pp. 154–6 and on changes

in Judicial tribunals in England and Europe, 1200–1700
Open Access (free)
The use of character evidence in Victorian sodomy trials
H. G. Cocks

‘gross indecency’ between men in public and in private.10 However, it is clear that all male homosexual acts, whether committed in public or private, were already liable to prosecution under the medieval law against sodomy, which was defined as anal penetration or bestiality. By the eighteenth century, the common law principle that any attempt to commit a crime was in itself a crime had begun to be applied to the crime of sodomy. Most eighteenthand nineteenth-century trials, therefore, proceeded under the formal legal assumption that any homosexual act was an attempt

in Domestic and international trials, 1700–2000
Open Access (free)
Maureen Mulholland

fulfilling the present meaning of ‘trial’, whereas so-called ‘trials’ in the medieval courts of love cannot. 4 This is well described in A. Musson, Medieval Law in Context. The Growth of Legal Consciousness from Magna Carta to the Peasants’ Revolt (Manchester and New York, 2001), especially chapters 1–3. 5 Probably so called because of the ‘pieds poudrés’ of the travelling traders who appeared before them. See T. Plucknett, Concise History of the Common Law (fifth edition, London, 1956), p. 660; W. Holdsworth, A History of English Law (17 vols, London, 1903–1972), I

in Judicial tribunals in England and Europe, 1200–1700
Alani Hicks-Bartlett

–5. 46 Lee Dow, ‘Christine de Pizan and the Body Politic’, 202–3; Harding, Medieval Law and the Foundations of the State , 277–80; Dudash, ‘Christine de Pizan’s Views of the Third Estate’, 315–20, and ‘Christine de Pizan and the “menu peuple”’, 792–4; Rigby, ‘Body Politic’; Angeli, ‘Figure della povertà’; and Oexle, ‘Christine et les pauvres’. See also Giancarlo’s chapter in this volume. 47 Delogu’s discussion of Pizan’s strategy of appealing to the self

in Literatures of the Hundred Years War