The poor scholar versus the able doctor: Ploughing the rough ground of due process (Civil law, juris

Author:Gordon-Kelter, J; Young, CR

Article Title:The poor scholar versus the able doctor: Ploughing the rough ground of due process (Civil law, jurisdictional disputes and conflicts, and legal strategies in fifteenth-century Oxford)

Abstract:
A seemingly ordinary law case in fifteenth-century Oxford reveals contemporary concerns over issues of due process, jurisdictional disputes and town-gown conflicts. The case concerns an argument over debt between the Peddingtons, a widow and her son, who is a student at Oxford University, and John Otworth, a local official of the city of Oxford. Both plaintiffs and defendant actively employ legal strategies which are influenced by their own social and political status and which they hope will ensure a successful outcome. The final decision at the level of the King's Bench reaffirms the English subject's right to be tried under the common law, but does not substantially affect monarchical support for the University of Oxford or the University's use of Civil law procedures.

Keywords:  common law; civil law; debt; due process; Oxford University; widows

DOI: 10.1016/S0304-4181(00)00002-6

Source:JOURNAL OF MEDIEVAL HISTORY

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