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MEDIEVAL STUDIES 117:
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Professor Donahue |
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Mr. Jacobs |
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MEDIEVAL STUDIES 117:
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Professor Donahue |
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Mr. Jacobs |
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The links on the dates on the left allow to you to flip between the assignments and the calendar. The links on the Materials bring you to a pdf version of the assignment, which, depending on your broswer, will either show on the screen or download. The introduction to this syllabus explains what the readings are and suggests what is, and is not, important. What follows is arranged by topics and assignment numbers as well as by date. Each assignment will take roughly one class period. The calendar that follows the syllabus gives my current estimate of when we will deal with each assignment. Baker = J. H. Baker, An Introduction to English Legal History, 4th ed. (London: Butterworth, 2002); Brown = A. L. Brown, The Governance of Late Medieval England (Stanford: Stanford U. Press, 1989); Jolliffe = J. E. A. Jolliffe, The Constitutional History of Medieval England, 4th ed. (New York: W.W. Norton, 1961); Loyn = H. R. Loyn, Governance of Anglo-Saxon England (Stanford: Stanford U. Press, 1984; Lyon = Bryce Lyon, A Constitutional and Legal History of Medieval England, 2d ed. (New York: W.W. Norton, 1980); Materials = C. Donahue, ed., Materials on English Constitutional and Legal History (available on Canvas); S&M = Carl Stephenson & F.G. Marcham, eds., Sources of English Constitutional History, vol. 1, rev. ed. (New York: Harper & Row, 1971) (all the cited S&M documents are in the Materials; there's a table at the beginning that shows you where to find them); Warren = W. L. Warren, The Governance of Norman and Angevin England (Stanford: Stanford U. Press, 1987). |
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Topic I. The Age of Tort |
General Readings: Baker, pp. 1–10, 27–34, 212–19. Jolliffe pp. 1–138; or Lyon pp. 3–103; or Warren pp. 1–22; or Loyn (the whole book) (this last only recommended for those who are already familiar with Anglo-Saxon England). |
Assignment |
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1. Introduction; the legacy of the ancient world (Roman law); the “reception” question — Materials §§ 1A, 1C–1D (CD bk. rev., outlines, Justinian extracts). The legacy of the ancient world (Christianity) — Materials § 1B. |
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2. Constitutional history of England from the invasions to Edgar — Materials §§ 2A–2C (Anglo-Saxon documents [§ 2A] and narrative [§ 2B, § 2C, p. II–9 to II–19].) Kings, lords, and families in Anglo-Saxon England; Aethelberht’s Code — Materials §§ 2D–2F (Aethelberht’s code [§ 2D], Simpson article [§ 2E], notes [§ 2F]). |
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3. Constitutional history of England from Edgar to the conquest; Aethelberht’s ‘Code’ — Materials §§ 2C–2F (narrative § 2C, p. II–19 to II–22, Aethelberht’s ‘Code’, Simpson article, notes on A-S dooms). |
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4. Kings, lords and families in Anglo-Saxon England; Aethelberht’s Code — Materials §§ 2D–2F (Aethelberht’s code, Simpson article, notes) (Section). |
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Topic II. |
General Readings: Baker, pp. 12–34, 37–39, 53–76, 175–78, 223–47, 259–74, 479–97, 538–61 (sample documents) (pay particular attention to Baker, pp. 538–41 (A.i, B.i and B.ii) and pp. 542–5 (C.i and C.ii.)). Warren, pp. 24–229 and Brown, pp. 100–237; or Jolliffe, pp. 139–362; or Lyon, pp. 109–115, 127–99, 217–27, 244–99, 310–36, 351–407, 408–68, 496–561, 586–612. |
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Assignment |
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5. The conquest of England and the feudalism debate — Materials §§ 3A–3B, 3D–3E (narrative [§ 3B], White bk. rev. [§ 3D], Domesday Book extracts [§ 3E, p. III–38 to III–43]). (Try to get a sense for what the debate is all about and how one might use a document like Domesday Book to come to some conclusions about the debate.) Norman and Angevin institutions: the Exchequer and the courts — Materials § 3C, 3E (narrative [§ 3C], Pipe Roll of 31 Henry I [§ 3E, p. III-43 to III-48]). |
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6. Regnum and sacerdotium: learned law and politics, 1066–1215 — Materials §§ 3F–3G (outlines and documents [§ 3F], narrative [§ 3G]). The assizes of Henry II as seen at his death: Glanvill — Materials § 4A–4B. (I am asking you to read Glanvill [§ 4B] before you listen to me sound off about it. The question is what do you make of it?) |
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7. Norman and Angevin institutions: the Exchequer and the courts — Materials § 3E (Domesday Book, Pipe Roll of 31 Henry I) (Section). |
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8. The assizes of Henry II as seen at his death: Glanvill — ReviewMaterials § 4A–4B (Assizes of Northampton and Clarendon, Glanvill extracts). The Polstead saga — Materials § 4C. |
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9. The Polstead saga (cont‘d). The assizes of Henry II as seen by the barons: Magna Carta — Materials § 5A (Magna Carta and the Treaty of Winchester). |
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10. The Polstead saga and Magna Carta — Review Materials § 4C (the Polstead saga). Review Materials § 5A (Magna Carta) (Section). |
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11. The assizes of Henry II revisited — Materials § 4D (Palmer book review). Property and the family — Materials § 5B (statutes De donis and Quia emptores). |
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12. The king and the barons — Materials § 5C (documents, p. V–15 to V–26), § 5D (narrative). Parliament — Materials § 5E (narrative); Materials § 5C (p. V–26 to V–40, esp., S&M No. 49F [p. V–34 to V–36]; A Record of Parliament [p. V–39 to V–40]). |
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13. Property and the family — Materials § 5B (Statutes De Donis and Quia Emptores) (Section). |
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14. The criminal law, an overview — Materials § 9F (Hay-Langbein debate); Baker 570–608. (The HLS calendar this year gives us an artificial Monday that is not observed as such in the FAS calendar. We’ll use the class to do an overview of a topic that we will not cover elsewhere in any depth. It introduces the entire chronological range of the course, and beyond, and offers some thoughts about how do deal with debates in historical writing.) |
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15. Court structure and social structure c.1300 — Materials § 5H, § 7D (don’t ignore the ecclesiastical courts even though they are represented by only one late document at the end of § 7D). The theory of kingship and the English and French constitutions c.1300 — Materials § 5F, § 5G (Bracton on kingship [§ 5F, probably the hardest document in the Materials]; French outline [§ 5G, Beaumanoir and Pierre de Mornay]). |
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Topic III. |
General Readings: Baker, pp. 76–81, 155–62, 165–7, 178–82, 186–8, 204–12, 317–50, 365–77, 379–90, 394–97, 401–9. Brown, pp. 1–99, review pp. 100–55; or Jolliffe, pp. 362–95; or Lyon, pp. 475–82, review pp. 496–561, 586–612. |
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Assignment |
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17. Introduction to the 14th century; household, council, parliament — Materials §§ 6A–6B (Articles against Gaveston; S&M Nos. 57–8, 60–2, 63A–63E, 64; narrative). Late medieval constitution — Materials §§ 6C–6E (chronology, documents [S&M nos. 66B–F, 67–70, 73–76, 79A–B] and narrative).. |
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18. King making and unmaking — Materials § 6G (documents concerning the depositions of Edward II, Richard II, and Edward V); review Materials § 6A (Articles against Gaveston). Order, social structure and the law, 1348–1500 — Materials § 6F (Statute of Labourers; wage rates; S&M Nos. 62D, 64C, Statute 1 Henry IV; Statute, 8 Edward IV; Sumptuary Statute; S&M Nos. 73F, 74I, 81C). |
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19. 14th century governance (overview) — Review Materials § 6. (This is a hard one. There are a lot of different topics in § 6 and trying to come up with some kind of generalization that does justice to all of them is not easy.) (Section.) |
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20. Order, social structure and the law (cont’d). Pleading and the legal profession — Materials § 7A (a Y.B. case). (I hope to be able to arrange at meeting in the Root Room of the Harvard Law School Library where we can see what medieval lawyers used to do there work. If that‘s not possible, we have quite a bit of it online.) |
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21. The problem of proof and the ”old“ personal actions: Debt, detinue, covenant and account — Materials § 7B (statutes, writs, and cases); Baker 360–71, 409–13, 440–45. Personal actions in courts other than Common Bench — Materials § 7D (cases); Baker 371–373. |
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22. What did lawyers do in the 14th century? — Consider the elite lawyers and judges in Materials §§ 7A and 7B, but also the Fair Court of St. Ives, § 7D, where the only visible lawyer is the steward of the abbot who is playing the role of judge (Section). |
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23. Origin and development of trespass (Edward I to Edward III) — Materials § 7C (trespass writ, Brainton v. Pinn, Ferrers v. Dodford, Rattlesdene v. Grunston, The Humber Ferry Case, The Miller’s Case, The Innkeeper’s Case, Waldon, The Farrier’s Case, The Surgeon’s Case, Anon). |
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24. Assumpsit — Materials §§ 7C, 7E (Watton v. Brinth, Anon., Watkin’s Case, Somerton’s Case, Anon., Doige’s Case, Dictum, Orwell, Pykering, Slade [We will return to the last three at the end of the course.]). Personal actions revisited — Review Materials §§ 6A–6B, §§ 7C, 7E.. |
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25. Personal actions revisited — Review Materials §§ 6A–6B, §§ 7C, 7E (Section). |
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Topic IV. |
General Readings: Baker, pp. 97–124, 126–32, 162–65, 167–72, 248–57, 269–76, 280–96, 347–61, 409–21. One of the following: Brown, pp. 238–43, review pp. 1–99; or Jolliffe, 409–95; or Lyon, 567–74, review pp. 586–612, read pp. 613–49. |
The section has yet to be arranged, but the section meetings are listed here as if they were on Fridays. |
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Assignment 1 |
Introduction; the legacy of the ancient world (Roman law and Christianity) |
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Assignment 2 |
Anglo-Saxon constitution |
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Assignment 3 |
Aethelberht’s ‘Code’ and Anglo-Saxon law |
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Assignment 4 |
Aethelberht (Section) |
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Assignment 5 |
The conquest and feudalism. Norman and Angevin institutions. |
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Assignment 6 |
Regnum and sacerdotium, 1066–1215. Glanvill. |
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Assignment 7 |
Norman and Angevin institutions (Section) |
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Assignment 8 |
Glanvill (cont’d). The Polstead saga. |
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Assignment 9 |
The Polstead saga (cont’d). Magna carta. |
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Assignment 10 |
The Polstead saga and Magna Carta (Section) |
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Assignment 11 |
The assizes of Henry II revisited. Property and the family: the statutes De donis and Quia emptores. |
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Assignment 12 |
The king and the barons. Parliament. |
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Assignment 13 |
Property and the family: The statutes De donis and Quia emptores (Section) |
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Columbus Day |
No class |
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Assignment 14 |
The criminal law (overview). (An artificial Monday in the HLS calendar; FAS students should attend if they can.) |
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Assignment 15 |
Court structure and social structure c1300. The theory of kingship and the English and French constitutions c1300. |
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Review (Section). Hour exam (taken after the Section.) Times for both TBD. |
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Assignment 16 |
The 14th century: household, council, parliament. Late medieval constitution. |
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Assignment 17 |
King making and unmaking. Order, social structure, and the law, 1350–1600. |
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Assignment 18 |
14th century governance (overview) (Section) |
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Assignment 19 |
Order, social structure and the law (cont’d). Pleading and the legal profession. |
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Assignment 20 |
The problem of proof and the “old” personal actions. Personal actions in courts other than Common Bench. |
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Assignment 21 |
What did lawyers do in the 14th century? (Section) |
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Assignment 22 |
Trespass |
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Assignment 23 |
Assumpsit. Personal actions revisited. |
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Assignment 24 |
Personal actions revisited. (Section) |
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Assignment 25 |
Littleton, Fortescue, St. German: The idea of law c1500 |
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Assignment 26 |
Constitutional history Reformation through Restoration. The English Reformation. (Veterans’ Day, but class will meet.) |
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Assignment 27 |
Medieval legal theory (overview) (Section) |
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Assignment 28 |
Ecclesiastical Jurisdiction, 1250–1600. Equity. |
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Assignment 29 |
Uses and the Statute. Judges, lions, and thrones: the reform movement. |
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Assignment 30 |
Ecclesiastical Jurisdiction and Uses (Section; last date to select short paper topic; statement of term papers due, if you choose that option) |
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Assignment 31 |
The Duke of Norfolk’s Case |
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Wed., 24 Nov. |
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Thanksgiving—no class |
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Assignment 32 |
Slade’s Case |
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Final Lecture |
Take-home exam available any time after this date.. |
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Review |
(Section; last date for turning in short paper drafts) |
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Fri., 17 Dec. |
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Due date |
Final draft of short paper and take-home exam due. |
