Law and Society in Later Medieval England and Ireland: Essays in Honour of Paul Brand PDF
Preview Law and Society in Later Medieval England and Ireland: Essays in Honour of Paul Brand
Law and Society in Later Medieval England and Ireland Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval Eng- land and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this vol- ume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some con- sider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England’s adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large. Travis R. Baker is a private scholar living in San Diego, California. Law and Society in Later Medieval England and Ireland Essays in Honour of Paul Brand Edited by Travis R. Baker First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 selection and editorial matter, Travis R. Baker; individual chapters, the contributors The right of Travis R. Baker to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-1-472-47738-5 (hbk) ISBN: 978-1-315-59152-0 (ebk) Typeset in Sabon by Apex CoVantage, LLC Paul Brand Photo by Susanne Brand Contents List of contributors ix Preface xi List of abbreviations xv 1 Justice delayed: absent recognitors and the Angevin legal reforms, c. 1200 1 WILLIAM EVES 2 Testament and inheritance: the lessons of the brief widowhood of Isabel, countess of Pembroke 25 DAVID CROUCH 3 A crossroads in criminal procedure: the assumptions underlying England’s adoption of trial by jury for crime 51 ELIZABETH PAPP KAMALI AND THOMAS A. GREEN 4 The general eyre and royal finance 83 JENS RÖHRKASTEN 5 Royal privilege and episcopal rights in the later thirteenth century: the case of the Ashbourne advowson, 1270–89 97 JOSHUA C. TATE 6 The clerk William Tyssyngton and the pursuit of fugitives in the late thirteenth century 109 KARL SHOEMAKER 7 Profits and perils of an Irish legal career: Sir Elias Ashbourne (d. 1356), chief justice and marcher lord 121 ROBIN FRAME viii Contents 8 Two jurisdictions in dispute about canonical appeals: London and Canterbury, 1375–6 145 F. DONALD LOGAN 9 The outlaw in later medieval Ireland 153 ÁINE FOLEY 10 The origins and development of judicial tenure ‘during good behaviour’ to 1485 169 RYAN ROWBERRY 11 ‘Et Subridet etc.’: smiles, laughter and levity in the medieval Year Books 201 GWEN SEABOURNE 12 Men of law and professional identity in late medieval England 225 ANTHONY MUSSON 13 Legal services for the poor in the early common law 255 DAVID J. SEIPP Index 275 C ontributors David Crouch is Professor of Medieval History at the University of Hull. William Eves is a Post-Doctoral Research Fellow at the University of St Andrews. Áine Foley is an independent researcher. Robin Frame is Emeritus Professor of History at Durham University. Thomas A. Green is Emeritus Professor of History and Law at the University of Michigan and Affiliate Scholar at Oberlin College. Elizabeth Papp Kamali is Assistant Professor of Law at Harvard Law School. F. Donald Logan is Emeritus Professor of History at Emmanuel College. Anthony Musson is Professor of Legal History at the University of Exeter. Jens Röhrkasten is Lecturer in Medieval History at the University of Bir mingham. Ryan Rowberry is Associate Professor of Law at Georgia State University Law School. Gwen Seabourne is Professor of Law at the University of Bristol Law School. David J. Seipp is Professor of Law at Boston University Law School. Karl Shoemaker is Professor of History and Law at the University of Wisconsin- Madison. Joshua C. Tate is Associate Professor of Law at SMU Dedman School of Law.
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