%PDF-1.3 1 0 obj << /Type /Catalog /Outlines 2 0 R /Pages 3 0 R >> endobj 2 0 obj << /Type /Outlines /Count 0 >> endobj 3 0 obj << /Type /Pages /Kids [6 0 R 14 0 R 16 0 R 18 0 R 20 0 R ] /Count 5 /Resources << /ProcSet 4 0 R /Font << /F1 8 0 R /F2 9 0 R /F3 10 0 R >> /XObject << /I1 11 0 R >> >> /MediaBox [0.000 0.000 595.280 841.890] >> endobj 4 0 obj [/PDF /Text /ImageC ] endobj 5 0 obj << /Creator (DOMPDF) /CreationDate (D:20140721083710+01'00') /ModDate (D:20140721083710+01'00') /Title (Rancor and Reconciliation in Medieval England) >> endobj 6 0 obj << /Type /Page /Parent 3 0 R /Annots [ 12 0 R ] /Contents 7 0 R >> endobj 7 0 obj << /Length 4179 >> stream q 381.750 0 0 120.000 34.016 687.874 cm /I1 Do Q 0.000 0.000 0.000 rg BT 34.016 676.469 Td /F1 12.0 Tf [(Published on )] TJ ET BT 99.356 676.469 Td /F2 12.0 Tf [(Reviews in History)] TJ ET BT 190.016 676.469 Td /F1 12.0 Tf [( \()] TJ ET 0.000 0.000 0.800 rg BT 197.012 676.469 Td /F1 12.0 Tf [(http://www.history.ac.uk/reviews)] TJ ET 0.000 0.000 0.800 RG 0.24 w 0 J [ ] 0 d 197.012 675.075 m 357.332 675.075 l S 0.000 0.000 0.000 rg BT 357.332 676.469 Td /F1 12.0 Tf [(\))] TJ ET 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d 34.391 653.743 526.499 1.500 re S BT 34.016 615.321 Td /F3 18.0 Tf [(Rancor and Reconciliation in Medieval England)] TJ ET BT 34.016 287.579 Td /F1 12.0 Tf [(This is a study of how individuals \(at all levels of society\) reacted to serious wrongs done to them in )] TJ ET BT 34.016 273.323 Td /F1 12.0 Tf [(England during the period of three centuries between c.1000 and c.1300, both their immediate emotional )] TJ ET BT 34.016 259.067 Td /F1 12.0 Tf [(response, and the socially and legally sanctioned vengeance they might subsequently exercise \(or seek to )] TJ ET BT 34.016 244.811 Td /F1 12.0 Tf [(exercise\) to assuage and satisfy their anger. Its primary focus is on the evidence both for feuds and for 'feud-)] TJ ET BT 34.016 230.555 Td /F1 12.0 Tf [(like behaviour' in England during this period, as well as for the peacemaking which brought feuds to an end. )] TJ ET BT 34.016 216.299 Td /F1 12.0 Tf [(But it also considers the various possible alternatives to feud and to violent revenge, ranging from having )] TJ ET BT 34.016 202.043 Td /F1 12.0 Tf [(simply to 'lump it' to actively seeking redress through the courts.)] TJ ET BT 34.016 175.787 Td /F1 12.0 Tf [(The book is divided into three separate, but unequal, parts. Part I \('Approaches to the study of wrong'\) is the )] TJ ET BT 34.016 161.531 Td /F1 12.0 Tf [(shortest. It consists of two preliminary, and primarily conceptual, chapters which help to set the stage for )] TJ ET BT 34.016 147.275 Td /F1 12.0 Tf [(what follows in parts II and III. The first chapter \('Understanding feud and friendship'\) places feud within the )] TJ ET BT 34.016 133.019 Td /F1 12.0 Tf [(range of possible responses on the part of victims \(or, put more broadly, those to whom wrong had been )] TJ ET BT 34.016 118.763 Td /F1 12.0 Tf [(done\) and their kin to the wrongs done to them, and suggests some of the external social constraints that )] TJ ET BT 34.016 104.507 Td /F1 12.0 Tf [(helped to determine individual choice as between those different types of response. It is here that Hyams )] TJ ET BT 34.016 90.251 Td /F1 12.0 Tf [(presents us with what amounts to a working model or ideal type \(at pp. 8?9\) of the kind of process we might )] TJ ET BT 34.016 75.995 Td /F1 12.0 Tf [(expect to see in a fully-blown feud, culminating in the peace settlement that brought a feud to an end. He )] TJ ET BT 34.016 61.739 Td /F1 12.0 Tf [(emphasises the importance within a feuding society of friendship and of the creation and maintenance of )] TJ ET BT 34.016 584.699 Td /F3 12.0 Tf [(Review Number:)] TJ ET BT 34.016 570.443 Td /F1 12.0 Tf [(541)] TJ ET BT 34.016 556.187 Td /F3 12.0 Tf [(Publish date:)] TJ ET BT 34.016 541.931 Td /F1 12.0 Tf [(Saturday, 1 July, 2006)] TJ ET BT 34.016 527.675 Td /F3 12.0 Tf [(Author:)] TJ ET BT 34.016 513.419 Td /F1 12.0 Tf [(Paul Hyams)] TJ ET BT 34.016 499.163 Td /F3 12.0 Tf [(ISBN:)] TJ ET BT 34.016 484.907 Td /F1 12.0 Tf [(0415375940)] TJ ET BT 34.016 470.651 Td /F3 12.0 Tf [(Date of Publication:)] TJ ET BT 34.016 456.395 Td /F1 12.0 Tf [(2003)] TJ ET BT 34.016 442.139 Td /F3 12.0 Tf [(Price:)] TJ ET BT 34.016 427.883 Td /F1 12.0 Tf [(37.95)] TJ ET BT 34.016 413.627 Td /F3 12.0 Tf [(Pages:)] TJ ET BT 34.016 399.371 Td /F1 12.0 Tf [(371pp.)] TJ ET BT 34.016 385.115 Td /F3 12.0 Tf [(Publisher:)] TJ ET BT 34.016 370.859 Td /F1 12.0 Tf [(Cornell University Press)] TJ ET BT 34.016 356.603 Td /F3 12.0 Tf [(Place of Publication:)] TJ ET BT 34.016 342.347 Td /F1 12.0 Tf [(Ithaca)] TJ ET BT 34.016 328.091 Td /F3 12.0 Tf [(Reviewer:)] TJ ET BT 34.016 313.835 Td /F1 12.0 Tf [(Paul Brand)] TJ ET endstream endobj 8 0 obj << /Type /Font /Subtype /Type1 /Name /F1 /BaseFont /Times-Roman /Encoding /WinAnsiEncoding >> endobj 9 0 obj << /Type /Font /Subtype /Type1 /Name /F2 /BaseFont /Times-Italic /Encoding /WinAnsiEncoding >> endobj 10 0 obj << /Type /Font /Subtype /Type1 /Name /F3 /BaseFont /Times-Bold /Encoding /WinAnsiEncoding >> endobj 11 0 obj << /Type /XObject /Subtype /Image /Width 509 /Height 160 /Filter /FlateDecode /DecodeParms << /Predictor 15 /Colors 3 /Columns 509 /BitsPerComponent 8>> /Mask [ 255 255 255 255 255 255 ] /ColorSpace /DeviceRGB /BitsPerComponent 8 /Length 3280>> stream x[EQ㎦fVttҒ +3O{?lGDQԯDrB^.ϯ%~'0۠/2>0AG_>0j0GCfE67>rB^}@  !&y+r?INp:erc b8f=rQC!~-Wf^^zF[)G 2ޯe7V_Go3Ke GEGOo8rώ#\1ZY~N6^H}yLxS-!:412V+u\-LSO?xVvZ|GjǮT_8EYJF=Tw^ 7GxfN/S:Ʌ~ʟtt?5n÷J'JcF-GVξx{rO~tJd;#a\7}|~y'>}c2C vR}f׈**h.)_&@pfzjsx:5;S\vKhM5j=!Cn+h"u]a EUN]jn=k<,:Ք>sU!ni~6EJ)¦72?G}[y}_vc$t?iSܟ2Zݞ,VN?_`='RFK1A2qv&X_lLRWY'%:I㢖zb_UEx\>&ɆBˏ~K@ \gYØU4}$8Dv!'Q'*+Εj(UCGo[#< 2Ja(sZi9fZKE Rn`u\9r^Zmɯ׹}mstO4uc~#'jEvۼ Dx[z ޏQ4KL5,5u3>i^uÒ-53ba ~,~/pyt1fMU'CVm:qv~=Y'Es"WsφG?l_kN5}],Ow7 uh`xƫ?zMl7ٻv$A(4Dl(wwH} ?=[=S;yC]^BK>㕪9`Z'Wj;E|:bf>kCԘ#RY,iv쵗~}n'"1u" *uO΄/2^Sxr(!/DD\~mJyZ!MmrA!#u[if|99WB WΡpp}w}sh#,\ &:%˳X?D3 %W0cC?o̲^} F3XLVn]Cߖiϧ!7}yZJ#P7]=)7Ρp;>> Ye^xx{Oafw{ ;>4gfLt ʊ:q%#r/)pv!O4wGh|dS ӣݽހ-gVUC'pBxrB^} 7JA^} /'8!`:r?}}],X  }6y!`/~Br?}Q< >k7vx"] ,' .3jn{-i}|~%-};b6#U)7繎kiEw 㤳:E}[޼c"rꬊ7Dc$~"/Y&zSd:tFȌCrʙ`7u .#[-<)j ?TGS(j~oTup(hjU4PlJ=}|it.ҽ@\wʨuXÞZcx18Wo<~ikOg,ވ\^?EneyZcc0[R١z|zv7_m:_n]a?osS3~j^ hD.a_X'KfBX6w wݶ"Oa:,bvhrWH[uCF-Xfc}>x+Rz)2N-B 7y^٨;[/vg? | |2Sve}=o䑰j[vWjF0{굦?VI~}xM(_TlG__+]:#к?S} c>GŸD7 !w{S{B =x7a?oE#)+Gz:o_4Q<;n?\tt7?mGCџQGu4kņOF>F?#} hP&ђߴM#u!.СtL2^#o nIk_i.~7tr@n 1P~3?.[]=S5b߮~Yo^HFH YBi8a4iom>CKgMy*;?zqEӕ` >zB9iFzC?XF?ޟIܰ펉A}{I5ᄊx%ez#Mp@rߎpi]IOVjzuJt\۰f׺u5><,J~PTJp1)}){9N {!`/> endstream endobj 12 0 obj << /Type /Annot /Subtype /Link /A 13 0 R /Border [0 0 0] /H /I /Rect [ 197.0117 675.3895 357.3317 687.2695 ] >> endobj 13 0 obj << /Type /Action /S /URI /URI (http://www.history.ac.uk/reviews) >> endobj 14 0 obj << /Type /Page /Parent 3 0 R /Contents 15 0 R >> endobj 15 0 obj << /Length 7764 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [(friendship networks and support groups. His argument is that kinsmen, lords and vassals were not in )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(themselves enough; friends and supporters were also needed by a man wanting to take vengeance or to guard )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(against his own enemies taking vengeance. Chapter 2 \('Social emotions in a culture of vengeance'\) is a )] TJ ET BT 34.016 753.701 Td /F1 12.0 Tf [(speculative chapter looking at the social emotions which seem to lie behind these responses and at the )] TJ ET BT 34.016 739.445 Td /F1 12.0 Tf [(evidence which suggests that the normal emotional response to wrongdoing in the England of this period )] TJ ET BT 34.016 725.189 Td /F1 12.0 Tf [(was anger on the part of the person wronged. This might become a lasting hatred for the wrongdoer and feed )] TJ ET BT 34.016 710.933 Td /F1 12.0 Tf [(a continuing desire for vengeance against him. The evidence for this comes partly from the behaviour )] TJ ET BT 34.016 696.677 Td /F1 12.0 Tf [(patterns targeted by the Church in materials for preachers and confessors; partly from the evidence of the )] TJ ET BT 34.016 682.421 Td /F1 12.0 Tf [(emotions described in the secular entertainment literature written in Old French and Middle English.)] TJ ET BT 34.016 656.165 Td /F1 12.0 Tf [(Parts II and III are mainly chronological. Part II \('Undifferentiated wrong and its redress'\) consists of three )] TJ ET BT 34.016 641.909 Td /F1 12.0 Tf [(chapters and pursues the general theme through from the late Anglo-Saxon period to the first half of the )] TJ ET BT 34.016 627.653 Td /F1 12.0 Tf [(reign of Henry II. Chapter 3 \('Redress for wrong in the governance of late Anglo-Saxon England'\) makes a )] TJ ET BT 34.016 613.397 Td /F1 12.0 Tf [(strong case against any 'maximalist' view of the capabilities of the late Anglo-Saxon state in the field of law )] TJ ET BT 34.016 599.141 Td /F1 12.0 Tf [(and order. Hyams argues that royal aspirations to control violence through public courts and an active )] TJ ET BT 34.016 584.885 Td /F1 12.0 Tf [(monarchy were forced to co-exist with what he describes as a 'feud culture' in late Anglo-Saxon England. He )] TJ ET BT 34.016 570.629 Td /F1 12.0 Tf [(argues for the centrality of feud to late Anglo-Saxon society on the basis of both the literary evidence and he )] TJ ET BT 34.016 556.373 Td /F1 12.0 Tf [(relatively small amount of direct testimony, which he admits comes only from the highest social levels and )] TJ ET BT 34.016 542.117 Td /F1 12.0 Tf [(so does not conclusively demonstrate any wider social penetration of the practice of feuding. He also argues )] TJ ET BT 34.016 527.861 Td /F1 12.0 Tf [(for the continued toleration and acceptance of the feud within the legal system and that II Edmund, the law-)] TJ ET BT 34.016 513.605 Td /F1 12.0 Tf [(code which has been taken as prohibiting feuding, needs to be read in conjunction with the contemporary )] TJ ET BT 34.016 499.349 Td /F1 12.0 Tf [(Wer and as being simply intended to regulate feud and facilitate the making of peace. The latter may also )] TJ ET BT 34.016 485.093 Td /F1 12.0 Tf [(have been the underlying purpose of what Hyams sees as having been the royal imposition of a common )] TJ ET BT 34.016 470.837 Td /F1 12.0 Tf [(general scheme on sanctuaries. Their main role in the late Anglo-Saxon period was as privileged locations, )] TJ ET BT 34.016 456.581 Td /F1 12.0 Tf [(which allowed those who had managed to reach them a temporary truce, facilitating the conduct of )] TJ ET BT 34.016 442.325 Td /F1 12.0 Tf [(negotiations with their enemies to bring a feud to an end and thus make peace between former enemies. )] TJ ET BT 34.016 428.069 Td /F1 12.0 Tf [(Hyams doubts that the public prosecution of crime in the courts played any significant role in late Anglo-)] TJ ET BT 34.016 413.813 Td /F1 12.0 Tf [(Saxon England. The normal expectation was that if victims and their friends and kin did not take vengeance )] TJ ET BT 34.016 399.557 Td /F1 12.0 Tf [(through the feud it would be those who had been wronged who would take the initiative in court proceedings )] TJ ET BT 34.016 385.301 Td /F1 12.0 Tf [(against those who had wronged them. Closest in form to the kind of violent direct action and retaliation )] TJ ET BT 34.016 371.045 Td /F1 12.0 Tf [(associated with the feud was the process under which the victim of a theft might set off in hot pursuit, )] TJ ET BT 34.016 356.789 Td /F1 12.0 Tf [(summoning the help of his neighbours through the 'hue and cry'. If he managed to capture the thief while )] TJ ET BT 34.016 342.533 Td /F1 12.0 Tf [(still in possession of what he had taken, the pursuer might lawfully execute him. 'Proceedings', though, is )] TJ ET BT 34.016 328.277 Td /F1 12.0 Tf [(probably to overstate it. This was a form of justifiable extra-judicial homicide, even if it was later \(by the )] TJ ET BT 34.016 314.021 Td /F1 12.0 Tf [(thirteenth century\) to take a more obvious 'judicial' form. Hyams suggest that something similar may also )] TJ ET BT 34.016 299.765 Td /F1 12.0 Tf [(have been allowed in this period in the case of an open, public killing. Otherwise, private initiative would )] TJ ET BT 34.016 285.509 Td /F1 12.0 Tf [(take the form of something resembling the later 'appeal'. The aggrieved individual would appear in court to )] TJ ET BT 34.016 271.253 Td /F1 12.0 Tf [(tell the story of what had happened to him, and support his complaint by an oath as to its veracity. This was )] TJ ET BT 34.016 256.997 Td /F1 12.0 Tf [(sworn, Hyams suggests, not just by the complainant but also by a group of oath-helpers. Only if such an oath )] TJ ET BT 34.016 242.741 Td /F1 12.0 Tf [(had been sworn and the complainant and his oath-helpers thereby put their own lives and limbs at stake )] TJ ET BT 34.016 228.485 Td /F1 12.0 Tf [(\(though Hyams, as he confesses, is uncertain quite how they did this\) could the accused/defendant be put to )] TJ ET BT 34.016 214.229 Td /F1 12.0 Tf [(his own oath of denial and have that tested by a unilateral ordeal. The complainant's objectives, as in the )] TJ ET BT 34.016 199.973 Td /F1 12.0 Tf [(feud, were still to obtain either vengeance \(the execution of his opponent\) or satisfaction for the wrong done )] TJ ET BT 34.016 185.717 Td /F1 12.0 Tf [(him.)] TJ ET BT 34.016 159.461 Td /F1 12.0 Tf [(Chapter 4 \('Vengeance and peacemaking in the century after the Norman Conquest'\) suggests that the )] TJ ET BT 34.016 145.205 Td /F1 12.0 Tf [(Norman Conquest brought little or no change to the prevailing societal ethos favouring vengeance for )] TJ ET BT 34.016 130.949 Td /F1 12.0 Tf [(wrongs. Hyams is able to call on the indirect evidence of contemporary attitudes towards the crusade and )] TJ ET BT 34.016 116.693 Td /F1 12.0 Tf [(Jews as well as monastic attitudes towards the invaders of monastic property plus the direct, albeit anecdotal, )] TJ ET BT 34.016 102.437 Td /F1 12.0 Tf [(evidence of various revenge killings during this period and the apparent acceptance of such killings in the )] TJ ET BT 34.016 88.181 Td /F1 12.0 Tf [(early twelfth century lawbook, )] TJ ET BT 184.316 88.181 Td /F2 12.0 Tf [(Leges Henrici Primi)] TJ ET BT 282.308 88.181 Td /F1 12.0 Tf [(. He also argues for the continuation into this period of a )] TJ ET BT 34.016 73.925 Td /F1 12.0 Tf [(single form of court procedure for the redress of wrong, though now in private as well as public courts. The )] TJ ET BT 34.016 59.669 Td /F1 12.0 Tf [(main post-Conquest change was that the complainant now had to offer battle \(and thus more obviously put )] TJ ET endstream endobj 16 0 obj << /Type /Page /Parent 3 0 R /Contents 17 0 R >> endobj 17 0 obj << /Length 7405 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [(his life and limbs in jeopardy\) to prove his complaint. The loser faced the prospect of mutilation or death, )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(either during the combat or afterwards. Hyams also allows for the emergence in this period of a further )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(possibility: of individuals informally asking lords \(including the king\) either orally or in writing for redress )] TJ ET BT 34.016 753.701 Td /F1 12.0 Tf [(against wrong in a procedure that did not directly expose them to the kind of ultimate hazard which the older )] TJ ET BT 34.016 739.445 Td /F1 12.0 Tf [(procedure \(of the 'appeal'\) did.)] TJ ET BT 34.016 713.189 Td /F1 12.0 Tf [(Chapter 5 \('Common law and central order in Angevin England'\) argues that the new procedures for the )] TJ ET BT 34.016 698.933 Td /F1 12.0 Tf [(public prosecution of offenders and detection of major offences introduced by Henry II and his advisers in )] TJ ET BT 34.016 684.677 Td /F1 12.0 Tf [(the assizes of Clarendon and Northampton in 1166 and 1176 'almost certainly represent the most important )] TJ ET BT 34.016 670.421 Td /F1 12.0 Tf [(intervention of the whole Angevin reform into English social arrangements' \(p. 157\), and not the land law )] TJ ET BT 34.016 656.165 Td /F1 12.0 Tf [(remedies which have been the concern of most recent legal historians concerned with Henry's legal )] TJ ET BT 34.016 641.909 Td /F1 12.0 Tf [(innovations. Henry and his advisers did not abolish the existing system of private prosecution by the victim )] TJ ET BT 34.016 627.653 Td /F1 12.0 Tf [(or his close kin. What the system of public prosecution did was to supplement it, rather than replace it. But )] TJ ET BT 34.016 613.397 Td /F1 12.0 Tf [(the principle established, that of a direct royal interest in the detection and punishment of serious offences, )] TJ ET BT 34.016 599.141 Td /F1 12.0 Tf [(was of major long-term importance and created the possibility of a major enhancement of royal power and )] TJ ET BT 34.016 584.885 Td /F1 12.0 Tf [(control over \(and responsibility for\) law and order in England. Hyams sees the initial measures against )] TJ ET BT 34.016 570.629 Td /F1 12.0 Tf [(unjust disseisin dating from the same period, and which seem also initially to have taken the form of the )] TJ ET BT 34.016 556.373 Td /F1 12.0 Tf [(creation of a procedure for the presentment of disseisins, as belonging to the same set of measures. Looking )] TJ ET BT 34.016 542.117 Td /F1 12.0 Tf [(to the longer term, however, Hyams \(here following both Tom Green and John Langbein\) deplores the )] TJ ET BT 34.016 527.861 Td /F1 12.0 Tf [(ultimate failure of the system Henry II and his advisers introduced to live up to its initial promise. He )] TJ ET BT 34.016 513.605 Td /F1 12.0 Tf [(suggests that the system was intended to detect and punish the locally powerful but that presentment juries )] TJ ET BT 34.016 499.349 Td /F1 12.0 Tf [(soon fell under local control and failed at precisely this task and so 'probably picked mostly on the )] TJ ET BT 34.016 485.093 Td /F1 12.0 Tf [(defenseless and the enemies of the rich and powerul' \(p. 170\). He also argues that the later \(post-1215\) )] TJ ET BT 34.016 470.837 Td /F1 12.0 Tf [(development which handed over effective decision-making power over guilt and innocence in criminal cases )] TJ ET BT 34.016 456.581 Td /F1 12.0 Tf [(to the jury represented an abandonment of the necessary controls over the trial jury which should have been )] TJ ET BT 34.016 442.325 Td /F1 12.0 Tf [(exercised by the king's justices.)] TJ ET BT 34.016 416.069 Td /F1 12.0 Tf [(Part III has the splendid overall title of 'An enmity culture: writs, wrongs and vengeance in the age of the )] TJ ET BT 34.016 401.813 Td /F1 12.0 Tf [(common law'. It too consists of three chapters. In chapter 6 \('Wrongs and their righting in the early common )] TJ ET BT 34.016 387.557 Td /F1 12.0 Tf [(law'\) Hyams uses the much fuller evidence of the early records of the common law courts to look at the )] TJ ET BT 34.016 373.301 Td /F1 12.0 Tf [(kinds of motivation recorded by early appeals of felony for the violence they claim had been inflicted on the )] TJ ET BT 34.016 359.045 Td /F1 12.0 Tf [(appellor, and not entirely surprisingly finds that property disputes, sex and concerns with honour and face lie )] TJ ET BT 34.016 344.789 Td /F1 12.0 Tf [(behind significant numbers of them. The much fuller evidence that begins to survive from around 1200 )] TJ ET BT 34.016 330.533 Td /F1 12.0 Tf [(onwards also allows him to describe in much more satisfactory detail the mechanics and the rituals )] TJ ET BT 34.016 316.277 Td /F1 12.0 Tf [(associated with the making of peace settlements between feuding parties: the role of the king and the )] TJ ET BT 34.016 302.021 Td /F1 12.0 Tf [(justiciar as well as others in facilitating such settlements and the ritual submissions and oaths of peace, the )] TJ ET BT 34.016 287.765 Td /F1 12.0 Tf [(linking of formerly warring parties through the marriage of family members and the kiss of peace which )] TJ ET BT 34.016 273.509 Td /F1 12.0 Tf [(form part of such settlements. Hyams has a particularly interesting section here on the \(at first sight )] TJ ET BT 34.016 259.253 Td /F1 12.0 Tf [(surprising\) use of homage as part of the peace-making process. In the final section of this chapter Hyams )] TJ ET BT 34.016 244.997 Td /F1 12.0 Tf [(also uses the much fuller evidence from this period to describe what seem to be some of the more general )] TJ ET BT 34.016 230.741 Td /F1 12.0 Tf [(characteristics of 'feud-like behaviour' in this period \(and which may also have been features of the less well )] TJ ET BT 34.016 216.485 Td /F1 12.0 Tf [(attested 'feud-like behaviour' of earlier periods\): a particular focus on attacking the home with its )] TJ ET BT 34.016 202.229 Td /F1 12.0 Tf [(associations of the invasion of private space, the process of prior \(and sometimes formal\) consultation with )] TJ ET BT 34.016 187.973 Td /F1 12.0 Tf [('friends' preceding the act of violent revenge, the assembling of wider groups to provide assistance to the )] TJ ET BT 34.016 173.717 Td /F1 12.0 Tf [(avenger.)] TJ ET BT 34.016 147.461 Td /F1 12.0 Tf [(In chapter 7 \('The differentiation of wrongs: trespass and the appeal'\) Hyams looks at the process by which )] TJ ET BT 34.016 133.205 Td /F1 12.0 Tf [(the single undifferentiated action for wrongs that he thinks had existed prior to 1200 came to be separated )] TJ ET BT 34.016 118.949 Td /F1 12.0 Tf [(out into two separate actions or procedures which fell on opposite sides of what he sees as a new divide )] TJ ET BT 34.016 104.693 Td /F1 12.0 Tf [(between 'criminal' and 'civil': the 'criminal' appeal and the 'civil' action of trespass. This was, he argues, a )] TJ ET BT 34.016 90.437 Td /F1 12.0 Tf [(gradual process and it began with the introduction of public prosecution as part of English law enforcement )] TJ ET BT 34.016 76.181 Td /F1 12.0 Tf [(in 1166?76, but only reached its conclusion sometime after 1258. The process was a complex one. Hyams )] TJ ET BT 34.016 61.925 Td /F1 12.0 Tf [(suggests that it was in part related to the development of the concept of a general conceptual category of )] TJ ET endstream endobj 18 0 obj << /Type /Page /Parent 3 0 R /Contents 19 0 R >> endobj 19 0 obj << /Length 7517 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [('felony' covering serious criminal offences \(in general, those which were subject to presentment under the )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(assizes\), which was perhaps in part indebted to a borrowing from the 'learned laws' of the concept of 'crime'. )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(In time, appeals \(and their associated mode of proof, trial by battle between appellor and appellee\) came to )] TJ ET BT 34.016 753.701 Td /F1 12.0 Tf [(be restricted to appellors who could plausibly assert that the appellee against whom they were suing had )] TJ ET BT 34.016 739.445 Td /F1 12.0 Tf [(committed a felony. Hyams suggests that 'trespass' came to be used as a generic term of art for wrongs for )] TJ ET BT 34.016 725.189 Td /F1 12.0 Tf [(which a civil action could be brought in the king's courts because of its underlying sense of a wrong of any )] TJ ET BT 34.016 710.933 Td /F1 12.0 Tf [(kind committed against the king or other superior. Trespasses were offences against the king which also )] TJ ET BT 34.016 696.677 Td /F1 12.0 Tf [(harmed private individuals. A much wider range of wrongs than just felonies could be seen as wrongs )] TJ ET BT 34.016 682.421 Td /F1 12.0 Tf [(committed 'against the king', partly because of the extension of the king's peace to cover all his subjects and )] TJ ET BT 34.016 668.165 Td /F1 12.0 Tf [(partly because breach of that peace was in itself such an elastic category.)] TJ ET BT 34.016 641.909 Td /F1 12.0 Tf [(In chapter 8 \('Was there an enmity culture in thirteenth-century England?'\) Hyams notes how disappointing )] TJ ET BT 34.016 627.653 Td /F1 12.0 Tf [(much litigation as recorded on the plea rolls is for revealing the underlying emotions motivating disputes )] TJ ET BT 34.016 613.397 Td /F1 12.0 Tf [(\(though he notes evidence suggesting that more was revealed in the court-room but not recorded in writing\). )] TJ ET BT 34.016 599.141 Td /F1 12.0 Tf [(Juries were sometimes aware of \(and clerks sometimes recorded\) the lasting enmities underlying particular )] TJ ET BT 34.016 584.885 Td /F1 12.0 Tf [(violent incidents, and we can often see them being sparked off by property disputes and sex. Hyams suggests )] TJ ET BT 34.016 570.629 Td /F1 12.0 Tf [(that there is enough evidence to suggest, but not to prove, that mortal enmities were a normal feature of rural )] TJ ET BT 34.016 556.373 Td /F1 12.0 Tf [(life and that 'vengeance does not have to be associated with some concept of noble honour ? anger, )] TJ ET BT 34.016 542.117 Td /F1 12.0 Tf [(resentment, and the fear of losing face' were 'sufficient to spur humbler men to seek revenge in appropriate )] TJ ET BT 34.016 527.861 Td /F1 12.0 Tf [(circumstances' \(p. 251\). As for the nobility, although there were clearly enmities which found an outlet in )] TJ ET BT 34.016 513.605 Td /F1 12.0 Tf [(violence, as for example between the earls of Gloucester and Hereford in the 1290s and in 1270 between )] TJ ET BT 34.016 499.349 Td /F1 12.0 Tf [(John earl Warenne and Alan la Zouche, Hyams doubts that even the clearest of these quite merit the label of )] TJ ET BT 34.016 485.093 Td /F1 12.0 Tf [(feud. Indeed, Hyams turns out \(and perhaps with good reason\) to be something of a 'maximalist' in his views )] TJ ET BT 34.016 470.837 Td /F1 12.0 Tf [(of the power and effectiveness of the thirteenth-century state. He notes the relative absence of evidence of )] TJ ET BT 34.016 456.581 Td /F1 12.0 Tf [(the direct flouting of the law by magnates, and notes that such 'capture' of the mechanisms of the royal courts )] TJ ET BT 34.016 442.325 Td /F1 12.0 Tf [(and their personnel for private ends as did occur seems largely to have been by insiders \(royal clerks and )] TJ ET BT 34.016 428.069 Td /F1 12.0 Tf [(officials\) rather than by magnates. He also notes that after the first decades of the thirteenth century the )] TJ ET BT 34.016 413.813 Td /F1 12.0 Tf [(evidence for the kind of direct physical pursuit of enemies in the kind of ritualised form that is associated )] TJ ET BT 34.016 399.557 Td /F1 12.0 Tf [(with feud seems to fade. This represents, he suggests, 'no small success for the king and his law' \(p. 265\). )] TJ ET BT 34.016 385.301 Td /F1 12.0 Tf [(Resentment at wrong continued and the urge to seek direct, visible and physical satisfaction for shaming or )] TJ ET BT 34.016 371.045 Td /F1 12.0 Tf [(harmful acts did not disappear, but for the most part men now channelled those impulses into legal channels, )] TJ ET BT 34.016 356.789 Td /F1 12.0 Tf [(the appeal of felony and the civil action of trespass. English law never allowed blood vengeance as a )] TJ ET BT 34.016 342.533 Td /F1 12.0 Tf [(legitimate defence to homicide.)] TJ ET BT 34.016 316.277 Td /F2 12.0 Tf [(Rancour and Reconciliation)] TJ ET BT 169.340 316.277 Td /F1 12.0 Tf [( concludes with a forty page appendix of 'case narratives' arranged in )] TJ ET BT 34.016 302.021 Td /F1 12.0 Tf [(alphabetical \(by the name of one of the parties\), rather than chronological, order. They aim to recreate as far )] TJ ET BT 34.016 287.765 Td /F1 12.0 Tf [(as possible the main features of some 35 disputes \(all with at least some 'feud-like' features\) which are )] TJ ET BT 34.016 273.509 Td /F1 12.0 Tf [(known from legal records or from chronicle or other evidence, and that provide evidence for the main )] TJ ET BT 34.016 259.253 Td /F1 12.0 Tf [(arguments of the book. They range in date from the late tenth century through to the last decade of the )] TJ ET BT 34.016 244.997 Td /F1 12.0 Tf [(thirteenth century, though with a substantial concentration on the final century of the period. Most of the )] TJ ET BT 34.016 230.741 Td /F1 12.0 Tf [(disputes were played out against an English setting, though four are located in Normandy and one in Dublin )] TJ ET BT 34.016 216.485 Td /F1 12.0 Tf [(\(though the two principals were English merchants living in the city\).)] TJ ET BT 34.016 190.229 Td /F1 12.0 Tf [(I started this review by saying that this book was concerned with reactions to 'serious wrongs'. This is my )] TJ ET BT 34.016 175.973 Td /F1 12.0 Tf [(formulation, not that of the author. There are certainly passages where Hyams appears to be suggesting that )] TJ ET BT 34.016 161.717 Td /F1 12.0 Tf [(the kinds of violent direct action and his 'undifferentiated action for wrong' that put the life of both parties at )] TJ ET BT 34.016 147.461 Td /F1 12.0 Tf [(stake were potentially valid responses to any kind of wrong committed by one individual against another. )] TJ ET BT 34.016 133.205 Td /F1 12.0 Tf [(Yet most of the specific evidence discussed seems to relate to serious wrongs, wounding and killing, arson, )] TJ ET BT 34.016 118.949 Td /F1 12.0 Tf [(the theft of property, and it seems unlikely that trespassing cattle evoked or were expected to evoke the same )] TJ ET BT 34.016 104.693 Td /F1 12.0 Tf [(kinds of reaction as the unprovoked killing of a father or brother or wife. This may suggest that there had )] TJ ET BT 34.016 90.437 Td /F1 12.0 Tf [(always been a dividing line between serious and less serious wrongs, and the socially and legally appropriate )] TJ ET BT 34.016 76.181 Td /F1 12.0 Tf [(responses either might evoke.)] TJ ET BT 34.016 49.925 Td /F1 12.0 Tf [(Hyams's account of the beginnings of the public prosecution of crime concentrates on the two Henrician )] TJ ET endstream endobj 20 0 obj << /Type /Page /Parent 3 0 R /Annots [ 22 0 R ] /Contents 21 0 R >> endobj 21 0 obj << /Length 2251 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [(assizes, but leaves much else out or assumes it is known by the reader: the beginnings of regular enquiries )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(into wrongdoing at a local level in the sheriff's tourn \(possibly also in Henry II's reign\) and the introduction )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(of coroners and the beginnings of regular enquiries into all suspicious deaths \(in 1194\), the change to jury )] TJ ET BT 34.016 753.701 Td /F1 12.0 Tf [(trial after the unilateral ordeal became impossible to hold after 1215, the apparent hostility of the royal )] TJ ET BT 34.016 739.445 Td /F1 12.0 Tf [(justices to private appeals during most of the thirteenth century. There are also some problems in reconciling )] TJ ET BT 34.016 725.189 Td /F1 12.0 Tf [(the pessimism expressed about the early capture of the system of public prosecution by local interests \(in )] TJ ET BT 34.016 710.933 Td /F1 12.0 Tf [(chapter 5\) and the relatively optimistic view of the success of the royal justice system in enforcing law and )] TJ ET BT 34.016 696.677 Td /F1 12.0 Tf [(order \(in chapter 8\).)] TJ ET BT 34.016 670.421 Td /F1 12.0 Tf [(These are minor qualifications and reservations. This is an important and a suggestive book that will become )] TJ ET BT 34.016 656.165 Td /F1 12.0 Tf [(required reading for all social, legal and political historians of the period for it tackles broad questions )] TJ ET BT 34.016 641.909 Td /F1 12.0 Tf [(imaginatively and ambitiously.)] TJ ET BT 34.016 615.653 Td /F3 12.0 Tf [(Other reviews:)] TJ ET BT 34.016 601.397 Td /F1 12.0 Tf [([2])] TJ ET 0.75 w 0 J [ ] 0 d 34.391 596.671 526.499 1.500 re S BT 34.016 578.891 Td /F3 12.0 Tf [(Source URL:)] TJ ET 0.000 0.000 0.800 rg BT 104.672 578.891 Td /F1 12.0 Tf [(http://www.history.ac.uk/reviews/review/541)] TJ ET 0.000 0.000 0.800 RG 0.24 w 0 J [ ] 0 d 104.672 577.497 m 322.316 577.497 l S 0.000 0.000 0.000 rg BT 34.016 552.520 Td /F3 12.0 Tf [(Links:)] TJ ET BT 34.016 538.120 Td /F1 12.0 Tf [([1] http://www.history.ac.uk/reviews/item/2963)] TJ ET BT 34.016 523.720 Td /F1 12.0 Tf [([2] http://www.history.ac.uk/reviews)] TJ ET endstream endobj 22 0 obj << /Type /Annot /Subtype /Link /A 23 0 R /Border [0 0 0] /H /I /Rect [ 104.6717 577.8115 322.3157 589.6915 ] >> endobj 23 0 obj << /Type /Action /S /URI /URI (http://www.history.ac.uk/reviews/review/541) >> endobj xref 0 24 0000000000 65535 f 0000000008 00000 n 0000000073 00000 n 0000000119 00000 n 0000000349 00000 n 0000000386 00000 n 0000000555 00000 n 0000000637 00000 n 0000004868 00000 n 0000004977 00000 n 0000005087 00000 n 0000005196 00000 n 0000008757 00000 n 0000008885 00000 n 0000008969 00000 n 0000009034 00000 n 0000016851 00000 n 0000016916 00000 n 0000024374 00000 n 0000024439 00000 n 0000032009 00000 n 0000032093 00000 n 0000034397 00000 n 0000034525 00000 n trailer << /Size 24 /Root 1 0 R /Info 5 0 R >> startxref 34620 %%EOF