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Paul Brand - Law and Society in Later Medieval England and Ireland: Essays in Honour of Paul Brand

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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 England 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 volume, 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 consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind Englands 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.

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Law and Society in Later Medieval England and Ireland Law mattered in later - photo 1
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 England 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 volume, 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 consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind Englands 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.
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 WILLIAM EVES DAVID CROUCH - photo 2
Paul Brand
Photo by Susanne Brand
Contents
WILLIAM EVES
DAVID CROUCH
ELIZABETH PAPP KAMALI AND THOMAS A. GREEN
JENS RHRKASTEN
JOSHUA C. TATE
KARL SHOEMAKER
ROBIN FRAME
F. DONALD LOGAN
INE FOLEY
RYAN ROWBERRY
GWEN SEABOURNE
ANTHONY MUSSON
DAVID J. SEIPP
  1. i
  2. v
Guide
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.
ine 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 Rhrkasten 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.
As it stands, Pauls published work consists of three authored books, eight editions of primary-source texts, five jointly edited volumes, eighty-five major articles and seventy dictionary/encyclopedia entries, which, when taken together, total more than 7,500 pages, with thousands more forthcoming, Deo volente . The results generated by this massive body of scholarship have been nothing less than transformative. Few historians can honestly claim to have rewritten the history of their chosen field of expertise, but that is exactly what Paul has done for the legal history of thirteenth-century England. He has been able to accomplish this because of his long-standing commitment to reading the original sources, especially the published and unpublished plea rolls of the kings courts and the published and unpublished law These conclusions would be far from self-evident to most readers of this document, especially since much of its surface has been stained with gall and as result is very difficult even to read much less understand its significance. Yet despite the formidable difficulties presented by this text, Pauls faultless erudition and historical imagination have enabled him to uncover the uniqueness and significance of this seemingly insignificant document.
Almost as remarkable as Pauls profound and encyclopedic knowledge of the legal records of medieval England and Ireland is his willingness to share that knowledge with other scholars. As Professor David Carpenter has put it, How often does one come across the footnote I owe this information to Paul Brand, so much so that he almost seems a primary source in himself. Many other scholars have undoubtedly felt the same way after Paul has read and commented on their work. I know for certain that the editor of this volume has.
In his memoir on George Osborne Sayles for the British Academy, Paul ends by asserting that Sayles is one of the few legal and constitutional historians who have written since Maitland whom it is not wholly inappropriate to compare him with. I would suggest that it is not wholly inappropriate to add Pauls name to that small group of constitutional and legal historians, for it is hard to think of too many other legal historians, past or present, who have shed as much light on the history of medieval English law as he has.
Since this volume is a collection of essays in Pauls honour, my first thanks must go to each contributor for their willingness to be a part of it and for their patience in seeing it to publication. I am grateful to Routledge for accepting this volume for publication and to Max Novick, Jennifer Morrow and Jennifer Bonnar for making the editorial process such a smooth and enjoyable one. I am thankful to Pauls wife Susanne for providing me with the lovely photograph of Paul. I am also very grateful to my wife Hannah for all her support throughout this project. Finally, I am thankful to my son David for helping me compile the index and for asking me with all sincerity, along with his brothers Alex and Charles, when the book will be finished.
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