ABSTRACT

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 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.

chapter 1|23 pages

Justice delayed

Absent recognitors and the Angevin legal reforms, c. 1200

chapter 2|26 pages

Testament and inheritance

The lessons of the brief widowhood of Isabel, countess of Pembroke

chapter 3|31 pages

A crossroads in criminal procedure

The assumptions underlying England’s adoption of trial by jury for crime 1

chapter 5|11 pages

Royal privilege and episcopal rights in the later thirteenth century

The case of the Ashbourne advowson, 1270–89

chapter 7|24 pages

Profits and perils of an Irish 7 legal career

Sir Elias Ashbourne (d. 1356), chief justice and marcher lord

chapter 8|7 pages

Two jurisdictions in dispute about canonical appeals

London and Canterbury, 1375–6 1

chapter 9|16 pages

The outlaw in later medieval Ireland

chapter 11|23 pages

‘Et Subridet etc.’

Smiles, laughter and levity in the medieval Year Books