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Beyond Maitland: The Maturing of a Discipline - The Origins of the English Legal Profession. By Paul Brand. Oxford: Blackwell, 1992. Pp. ix + 236. $79.95. - The Making of the Common Law. By Paul Brand. London and Rio Grande, Ohio: Hambledon Press, 1992. Pp. xiv + 490. $70.00. - English Law in the Age of the Black Death, 1348–1381: A Transformation of Governance and Law. By Robert C. Palmer. Chapel Hill and London: University of North Carolina Press, 1993. Pp. xiv + 452. $49.95. - Native Law and the Church in Medieval Wales. By Huw Pryce. Oxford: Clarendon Press, 1993. Pp. xiv + 292. $62.00.
Published online by Cambridge University Press: 10 January 2014
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References
1 This is not to suggest that such topics were unimportant or have lost their attraction for more modern scholars; the work of Paul Hyams, S. F. C. Milsom, and Robert Bartlett, among others, should be adequate testimony to the contrary.
2 F. W. Maitland himself lectured on both procedure and constitutional history; the lectures were published posthumously as The Constitutional History of England (Cambridge, 1908)Google Scholar and The Forms of Action at Common Law (Cambridge, 1909)Google Scholar.
3 At the same time, historians in other areas have adopted legal sources as a matter of course; there has been a blurring of the edges, and, indeed, it might be difficult to categorize some innovative work. Spring's, Eileen recent Law, Land, and Family: Aristocratic Inheritance in England, 1300 to 1800 (Chapel Hill, N.C., and London, 1993)Google Scholar comes to mind as an example.
4 An abbreviated bibliography on the topic appears at the end of chap. 10 of Baker, J. H., An Introduction to English Legal History, 3d ed. (London, 1990)Google Scholar. There was always an interest in the Inns of Court, and a number of volumes, some of them written by benchers and barristers, have attempted to trace the Inns' early history. As for work by professional historians, Thorne's, Samuel E. “The Early History of the Inns of Court” was published originally in 1959 and reprinted in his collected Essays in English Legal History (London, 1985)Google Scholar; substantial material on the subject has been published within the last twenty years by John Baker, A. W. B. Simpson, Wilfred Prest, and others.
5 There is no bibliography of printed sources, but there do not appear to be footnote references to such works dealing with economic and social aspects of the period as Hilton, R. H., Bond Men Made Free: Medieval Peasant Movements and the English Rising of 1381 (New York, 1973)Google Scholar, or The English Peasantry in the Later Middle Ages: The Ford Lectures for 1973 and Related Studies (Oxford, 1975)Google Scholar; McIntosh, Marjorie K., Autonomy and Community: The Royal Manor of Havering, 1200–1500 (Cambridge, 1986)CrossRefGoogle Scholar; Poos, L. R., A Rural Society after the Black Death: Essex, 1350–1525 (Cambridge, 1991)CrossRefGoogle Scholar.
6 The terms of the vow varied, but the subjects usually mentioned were horse riding, meat, women, and linen; a single oath generally included three of these (pp. 44–45).
7 See, for a discussion, Stacey, Robin Chapman, The Road to Judgment: From Custom to Court in Medieval Ireland and Wales (Philadelphia, 1994), pp. 188–90CrossRefGoogle Scholar.
8 Ibid.
9 Jenkins, Dafydd, “The Lawbooks of Medieval Wales,” in The Political Context of Law: Proceedings of the Seventh British Legal History Conference, Canterbury, 1985, ed. Eales, R. and Sullivan, D. (London and Ronceverte, W.Va., 1987), pp. 1–15Google Scholar.