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English law in the age of the black death, 1348-1381 : a transformation of governance and law / Robert C. Palmer.

Author/Creator:
Palmer, Robert C., 1947- author.
Publication:
Chapel Hill ; London : The University of North Carolina Press, [1993]
Series:
Studies in legal history
Studies in legal history English law in the age of the Black Death, 1348-1381
Format/Description:
Book
1 online resource (xiv, 452 p. )
Subjects:
Law -- Great Britain -- History.
Great Britain -- Politics and government -- 1066-1485.
Form/Genre:
Electronic books.
Language:
English
Summary:
Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. Palmer is the first scholar to relate these medieval legal changes to social and demographic developments. The Black Death killed one-third of the English population between 1348 and 1351. To preserve traditional society, the king's government aggressively implemented new punitive legal remedies as mechanisms for social control. The changes inaugurated included Statute of Laborers prosecutions, penal bonds, uses, trespass on the case, and assumpsit. The government's attempt to shore up traditional society in fact transformed it. English governance was legitimately extended to routine regulation of all workers, from shepherds to innkeepers, smiths, and doctors. The new cohesiveness of the ecclesiastical and lay upper orders, the increase in subject matter jurisdictions, the growth of the chancellor's court, and the acceptance of coercive contractual remedies made the Black Death in England a transformative experience for law and for governance. Based on all available legal records, Palmer's book presents a new interpretation and chronology of these important legal changes and also establishes a policy foundation. The footnotes and appendixes present additional information on church-state relations and on the history of various occupations.
Contents:
CHAPTER 1: General introduction
PART ONE: The upper orders drew together into a more cohesive government
CHAPTER 2: Introduction
CHAPTER 3: Creating the gentry
CHAPTER 4: Regulating the church
CHAPTER 5: Conclusion
PART TWO: To facilitate or coerce the upper orders to stand to their obligations
CHAPTER 6: Introduction
CHAPTER 7: The written contract
CHAPTER 8: Recovering movables
CHAPTER 9: The chancellor's court
CHAPTER 10: Conclusion
PART THREE: and to coerce the lower orders to stand to their obligations
CHAPTER 11: Introduction
SECTION 1: CHAPTER 12: The issues
CHAPTER 13: Trespass Vi et Armis
SECTION 2: CHAPTER 14: Assumpsit
CHAPTER 15: Carriers
CHAPTER 16: Builders
CHAPTER 17: Doctors
CHAPTER 18: Shepherds, clothworkers, laborers
CHAPTER 19: Conclusion
SECTION 3: CHAPTER 20: Trespass on the case
CHAPTER 21: Farriers
CHAPTER 22: Vicious dogs
CHAPTER 23: Innkeepers and jailers
CHAPTER 24: Fires, cattle, etc.
CHAPTER 25: Dikes and franchises
CHAPTER 26: General conclusion
PART FOUR: APPENDIXES: Author's note
Appendix 1: Regulating the church
Appendix 2: The written contract
Appendix 3: Carrier writs
Appendix 4: Cutting timber
Appendix 5: Builders
Appendix 6: London doctors
Appendix 7: Doctors of animals and people
Appendix 8: Detinue of animals
Appendix 9: Shepherd Assumpsit writs
Appendix 10: Horses bailed
Appendix 11: Cloth workers
Appendix 12: Services
Appendix 13: Horse killers
Appendix 14: Farriers
Appendix 15: Scienter with warnings
Appendix 16: Scienter without warnings
Appendix 17: Other Scienter writs
Appendix 18: Innkeeper liability: London
Appendix 19: Innkeeper liability
Appendix 20: Jailers before 1348
Appendix 21: Jailers after 1348
Appendix 22: Indirect and consequential damages
Appendix 23: Miscellaneous wrongs
Appendix 24: Select repair writs
Appendix 25: Select franchise writs.
Notes:
Includes bibliographical references and index.
Bibliographic Level Mode of Issuance: Monograph
Description based on print version record.
ISBN:
0-8078-6374-2
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