The Formation of the English Common Law: Law and Society in England from King Alfred to Magna Carta (The Medieval World)

The Formation of English Common Law provides a comprehensive overview of the development of early English law, one of the classic subjects of medieval history. This much expanded second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, John Hudson examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest. Containing a new chapter charting the Anglo-Saxon period, as well as a fully revised Further Reading section, this new edition is an authoritative yet highly accessible introduction to the formation of the English common law and is ideal for students of history and law. Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Table of Contents 6 Editor’s preface to the first edition 10 Author’s preface to the first edition 12 Author’s preface to the second edition 14 Abbreviations 16 Chapter 1: Introduction 20 The concept of law 21 The functions of law 24 Disputing and negotiating 25 English common law 32 The formation of the English common law 34 Chapter 2: The court framework in Anglo-Saxon and Anglo-Norman England 37 The king’s court 39 Local and itinerant justices 43 Shire courts 45 Hundred courts 48 Seignorial courts 50 Urban courts 56 Ecclesiastical courts 57 Conclusions 58 Chapter 3: Violence and theft in Anglo-Saxon and Anglo-Norman England 60 Bricstan’s case 61 Offences, offenders, and motives 64 Feud, vengeance, and royal control 68 Prevention and police 69 Trial 77 Punishment and compensation 84 Conclusions 90 Chapter 4: Law and land in Anglo-Saxon England 92 Æscwyn of Stonea, Ogga of Mildenhall, Wulfstan of Dalham and their gifts to the church of Ely 93 The forms of land 93 Land, lordship, and law 99 The customary framework 101 Disputes 110 Conclusions 115 Chapter 5: Law and land-holding in Anglo-Norman England 116 Land, lordship, and law 117 The forms of land-holding 118 The customary framework: control of land held ‘in fee and inheritance’ 122 Disputes 129 Anglo-Norman land law and common law property 136 Conclusions on legal development to 1135 137 Chapter 6: Angevin reform 138 Kingship, Stephen’s reign, and Angevin reform 138 The eyre 141 Chronology 144 The stages and nature of reform 153 Henry II and reform 157 The administrator’s mentality 158 Conclusions 165 Chapter 7: Crime and the Angevin reforms 166 Ailward’s case 167 Classification 169 The continuation of traditional methods 172 Presentment and the extension of royal authority 179 The limits of royal authority 183 Conclusions 185 Chapter 8: Law and land-holding in Angevin England 187 Abbot Samson of Bury St Edmunds 188 New procedures 192 The impact of change 201 Conclusions 210 Chapter 9: Magna Carta and the formation of the English common law 212 King John and the administration of justice 213 Magna Carta 215 Law and legal expertise 217 The common law 219 Concluding comparisons 224 Glossary 226 Note on sources 231 Further reading 234 Index 240 "[This book provides an] overview of the development of early English law, one of the classic subjects of medieval history. This...second edition spans the centuries from King Alfred to Magna Carta, abandoning the traditional but restrictive break at the Norman Conquest. Within a strong interpretative framework, it also integrates legal developments with wider changes in the thought, society, and politics of the time. Rather than simply tracing elements of the common law back to their Anglo-Saxon, Norman or other origins, [the author] examines and analyses the emergence of the common law from the interaction of various elements that developed over time, such as the powerful royal government inherited from Anglo-Saxon England and land holding customs arising from the Norman Conquest."-- Provided by publisher The Formation of the English Common Law explores the Anglo-Saxon origins of common law and the influence of the Norman invaders and their later administrative reforms, shedding light upon society at the time. This new edition includes a chapter charting the Anglo-Saxon period, a fully revised literature survey and updated Further Reading.