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Chapter 8 - Answers and Arguments

from Part III - Delivering and Contesting Justice

Published online by Cambridge University Press:  02 November 2023

Laura Flannigan
Affiliation:
University of Oxford
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Summary

Chapter 8 illuminates the intermediary stages of litigation before the early Tudor kings. It takes up the little-studied perspective of defendants in cases heard by the king’s Court of Requests and examines the potential for even this most authoritative kind of justice to be resisted. The chapter begins by studying the testimonies of messengers, recorded in Requests’ order books, for evidence of accused parties evading or rejecting the initial summons into court. It then reconstructs the process by which defendants made formal answers to petitions, and outlines the arguments they raised in their own defence. In line with debates ongoing contemporarily in Parliament and Council, defendants’ answers often contrasted extraordinary royal justice with the due process enshrined in English law. These lines of contestation were crucial to the increasing definition of royal justice under the early Tudor regimes, this chapter argues.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Answers and Arguments
  • Laura Flannigan, University of Oxford
  • Book: Royal Justice and the Making of the Tudor Commonwealth, 1485–1547
  • Online publication: 02 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781009371346.009
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  • Answers and Arguments
  • Laura Flannigan, University of Oxford
  • Book: Royal Justice and the Making of the Tudor Commonwealth, 1485–1547
  • Online publication: 02 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781009371346.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Answers and Arguments
  • Laura Flannigan, University of Oxford
  • Book: Royal Justice and the Making of the Tudor Commonwealth, 1485–1547
  • Online publication: 02 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781009371346.009
Available formats
×