The Oxford History of the Laws of England Volume II : 871-1216

This volume in the landmark Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it today began to emerge. The first full-length treatment of all aspects of the early development of the English common law in a century, featuring extensive research into the original sources that bring the era to life, and providing an interpretative account, a detailed subject analysis, and fascinating glimpses into medieval disputes. Starting with King Alfred (871-899), this book examines the particular contributions of the Anglo-Saxon period to the development of English law, including the development of a powerful machinery of royal government, significant aspects of a long-lasting court structure, and important elements of law relating to theft and violence. Until the reign of King Stephen (1135-54), these Anglo-Saxon contributions were maintained by the Norman rulers, whilst the Conquest of 1066 led to the development of key aspects of landholding that were to have a continuing effect on the emerging common law. The Angevin period saw the establishment of more routine royal administration of justice, closer links between central government and individuals in the localities, and growing bureaucratization. Finally, the later twelfth and earlier thirteenth century saw influential changes in legal expertise. The book concludes with the rebellion against King John in 1215 and the production of the Magna Carta. Laying out in exhaustive detail the origins of the English common law through the ninth to the early thirteenth centuries, this book will be essential reading for all legal historians and a vital work of reference for academics, students, and practitioners. Frontmatter Preface (page xiii) Abbreviations (page xv) INTRODUCTORY 1. The History of Law and the History of Disputes (page 3) PART I: LATE ANGLO-SAXON ENGLAND 2. Kings and Law (page 17) 3. Courts (page 43) 4. Procedure (page 66) 5. Land (page 93) 6. Movables (page 149) 7. Theft and Violence (page 161) 8. Status (page 200) 9. Marriage and Family (page 225) 10. Conclusion (page 244) PART II: ANGLO-NORMAN ENGLAND 11. Kings and Law (page 255) 12. Courts (page 273) 13. Procedure (page 303) 14. Land (page 333) 15. Movables (page 376) 16. Theft and Violence (page 384) 17. Status (page 416) 18. Marriage and Family (page 435) 19. Forest Laws from Anglo-Saxon England to the Early Thirteenth Century (page 455) 20. Conclusion (page 487) PART III: ANGEVIN ENGLAND 21. Kings and Law (page 497) 22. Courts (page 537) 23. Procedure in Land Cases (page 574) 24. Land (page 627) 25. Movables (page 678) 26. Agreements and Debt (page 691) 27. Theft and Violence (page 709) 28. Status (page 750) 29. Marriage and Family (page 776) 30. Borough Law (page 812) 31. Magna Carta and the Common Law (page 844) Appendix: The Sources (page 865) Bibliography of Works Cited (page 881) Index of Names, Places, and Non-legal texts (page 913) Index of Subjects (page 927)