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MEDIEVAL STUDIES 117Syllabus |
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There are four requirements for credit in the course: (1) a one-paragraph summary of the readings for each section turned in at the beginning of each section; (2) a short paper (no more than five double-spaced typed pages exclusive of notes); (3) an hour exam (Fri., 13 Mar.) (not required for seniors writing theses); (4) a final exam (scheduled at the whim of the FAS Registrar). (We will consider allowing students to write a term paper in lieu of taking the final exam. More about this below under “papers.”) |
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None. See below under “Background.”
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For a history course, the reading load is fairly light, but much of it is
documentary material, and is thus relatively slow going. Give priority to the
documentary materials. Not all classes have documentary assignments, but
those which do will devote a considerable amount of time to the documents,
and you’ll be lost if haven’t read them in advance. This is why we have both
a section (tentatively scheduled for Thursdays) and a “discussion class” on
Fridays (without the law students). You should bring the multilithed
documentary Materials (see below under “ The key to keeping up with this course is preparation for each class, particularly with the documents, and attendance at classes and sections. Much of our time in class will be spent discussing the documents. The last time we gave this course students who read the documents and attended classes did well, even if they hadn’t done all the secondary reading. |
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This is a survey course on the constitutional and legal history of Obviously we cannot cover in depth all aspects of English constitutional and legal history in this long period. One way to handle the problem would be to deal with a few topics in depth and ignore the rest. Such an approach is particularly tempting for historians like ourselves who believe that legal and constitutional history can only be properly understood in its social, economic and political context and who also believe that no one should study history after high school without looking at primary source material. On the other hand, there is something about that great sweep of development from the early Middle Ages to the early modern period that we find irresistible. Some place in the university someone ought to try to “put it all together.” We have divided our 1000 years into four major periods: Anglo-Saxon, High
Middle Ages, Later Middle Ages, Early Modern. In each period we will consider
first the major historical developments, particularly the “constitutional”
developments, in the period, then the legal institutions and finally,
documents illustrating one or more of the central themes of the substantive
law in the period. Thus, the first part of the course is devoted to the
emergence of the The focus on particular substantive topics in each period involves a judgment that these topics best illustrate our overall theme of how the relationship between “law,” on the one hand, and politics, society, and economics, on the other, changed over 1000 years. It also involves distortions. The first of these has to do with the topics themselves. Our story of how the ideas of tort and contract came to separate does not end until Slade’s Case in 1602, considerably after our “age of trespass” has formally come to an end. In order to see how equity shaped the law of property in the early modern period, we are going to have to go back and pick up a story that we will have left at the Statute Quia Emptores in 1290. These discontinuities, however, are not as troubling as what we will have to omit: Criminal law is a topic that we will barely cover. The older views on this topic have been largely upset, but the modern research is too disparate and inchoate to summarize in a survey course. Nor will we deal with any other “public law” topic in depth. A diachronic study of any of the modern public law topics, with the possible exception of tax law, is fraught with difficulties, while a synchronic study of public law in any given period leaves us, at least in the present state of research, without much that we can carry over to the next period. We will, however, consider a number of public law topics in our surveys of constitutional developments. |
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Probably everyone in this course has some pieces of the necessary background knowledge—a course in Chaucer, for example, is a marvelous introduction to much of what we will be doing, as is, in a somewhat different way, a course in Shakespeare—and no one, including ourselves, has all the necessary background knowledge. We will assume that you have never taken a course in English history and that you know no Latin and no French. We will explain what you need to know of these topics in class. If you have taken a medieval and/or early modern English legal history course someplace else or if you have had an English constitutional history course that devoted some time to legal development in the same periods, you probably should not take this course. There is a graduate reading course this semester (History 2126) for which you may be ready. |
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You should pick up from Prof. Donahue’s assistant, Ms. Reader,
in Hauser 518 in the C. Donahue, Materials on English Constitutional and Legal History (multilith) (Materials). The Materials contain all the documents that we will be discussing in class, and they also contain some secondary readings that we will be discussing in class. They do not, however, contain any attempt to give an overview of the themes of the course. For this, you should probably read a couple of good books, because there is no really good book that covers all that this course covers. We are asking you to buy: J.H. Baker, An Introduction to English Legal History, 4th ed. ( Baker is an English legal historian whose specialty is the 16th century.
His book is designed for English law students (who, like you, are
undergraduates). He treats the history of law almost entirely independently
of constitutional developments. It’s a good book for its purpose, but it
contains a great deal about developments after our period. When you read
Baker, therefore, you should be particularly careful about dates. We have
required Baker this year because previous students in the course found its
discussions of legal doctrine helpful. Baker is arranged in an entirely
different way from the way in which the course is organized, but we have
included references in the syllabus at the relevant places. Bryce Lyon, A
Constitutional and Legal History of Medieval England, 2d ed. (New York:
Norton, 1980) ( Each of these books has its strengths and weaknesses. Brown, Elton and Warren were all first-rate historians. They are writing, however, for English audiences, and they assume a familiarity with the basic narrative history of the periods with which we are dealing. (H.R. Loyn’s Governance of Anglo-Saxon England [Stanford: Stanford U. Press, 1984], the first volume in the Brown-Warren series [also on reserve], is particularly recommended for those who are interested in the early period.) You will discover that Brown and Warren’s idea of governance is not quite the same as the idea of constitution that we will try to develop in the course, and they treat legal developments only in passing. Elton is a bit too detailed for our purposes, and he cannot resist engaging in polemics with virtually every historian who treated his topics before him. The readings and documents in the Materials are designed to make up for these deficiencies both by giving much more of the legal background and by providing different points of view. Lyon is a solid, if uninspiring, introduction to the constitutional
and legal history of medieval Jolliffe was not written as a text book, and he assumes a basic knowledge of the material given in Brown and Warren. Jolliffe is not free from error, and the book is woefully unbalanced. His treatment of legal development, social and economic development, and the role of the church is quite inadequate. Yet, in some ways, the book is a flawed masterpiece. The organizing theme, the relationship between the exercise of governmental power and community, is certainly one of the most, if not the most, critical in the development of the medieval English constitution. The book is, as Helen Cam said in her highly critical review of the first edition (EHR 54 [1939] 489), “brilliant, suggestive, provocative and provoking.” In previous renditions of this course we have used Carl Stephenson & F.G. Marcham, eds., Sources of English Constitutional History, vol. 1, rev. ed. (New York: Harper & Row, 1971). That book is also now out of print (are the publishers conspiring against us?). Many of the documentary assignments in the Materials are drawn from it; the book is on reserve for those who want to write papers on the basis of other documents in it, and a list of documents from the book that are in the Materials can be found in the beginning pages of the Materials. The book is also available online in both HTML and TXT form http://www.constitution.org/sech/sech_.htm. How much secondary reading need you do? As we said before, the gist of
course is in the documents not in the secondary readings. Ideally one would
read the extracts from Baker indicated below, and Loyn, |
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The paper(s) should present an idea supported by evidence (primary materials please). The paper(s) should illustrate some broad theme about the relationship of governance, law and society. We will suggest paper topics to you on the basis of your one-paragraph summaries of the reading that you turn in at each section. If you have not already chosen a paper topic by Thu., 19 Mar., you must do so by that date. The first draft of the short paper is due no later than Thu., 30 Apr. (most of you, we hope, will do it much earlier than that). We will return the draft with comments. You should turn in the final draft before the end of reading period (Wed., 13 May). A fuller description of the paper requirement and some suggested topics will be available from Ms. Poole at the first section meeting. If you wish to write a term paper in lieu of the final exam, you must take the hour exam and get our approval of your term paper topic. The term paper should cover material in at least two of our four periods. It may trace the history of a particular idea or institution from one period to another or it may compare ideas and institutions in two different periods. In order to get our approval of a term-paper topic, you will need to have completed your short paper and to turn in a one-page statement or outline of what you plan to write about by Thu., 16 Apr. Students in the past who have taken the paper option in the past thought that it was fun but that it involved more work than taking an exam. |
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Prof. Donahue’s office is in Hauser 512 in the |
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The following syllabus is arranged by topics and assignment numbers rather than date. Each assignment will take roughly one class period, but we want to leave some flexibility. The calendar that follows the syllabus gives our current estimate of when we will deal with each assignment. Note: 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); Elton = G.R. Elton, The Tudor Constitution: Documents and Commentary, 2d ed. (Cambridge [Eng.]; Cambridge U. Press, 1982); 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 in Hauser 518); 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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Syllabus
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Topic I. |
General
Readings: Baker, 1–10, 27–34, 212–19. Loyn (the
whole book); or Jolliffe 1–138; or Lyon 3–103; or Warren 1–22 ( this last only recommended
for those who are already familiar with Anglo-Saxon England). |
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Assignment |
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Fri., 30 Jan. |
1. Introduction; the legacy of the ancient world (herewith some brief remarks on Roman law and Christianity); the “reception” question — Materials § 1 (CD bk. rev., Letter to the Romans, outlines, Justinian extracts). |
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Mon., 2 Feb. |
2.
Constitutional history of |
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Wed., 4 Feb. |
3.
Constitutional history of |
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Thu., 5 Feb. |
4. Kings, lords and families in Anglo-Saxon England; Aethelberht’s Code — Materials § 2, pp. 49–78 (Aethelberht’s code, Simpson article, notes) (Section). |
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Fri., 6 Feb. Return_to_index |
5. Anglo-Saxons — Review Materials § 2 |
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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. Assignment |
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Mon., 9 Feb. |
6.
The conquest of |
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Wed., 11 Feb. |
7. Regnum and sacerdotium: learned law and politics, 1066–1215 — Materials §§ 3F–3G, pp. 139–57 (outlines and documents, narrative). |
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Thu., 12 Feb. |
8. The assizes of Henry II as seen at his death: Glanvill — Materials § 4A–4B, pp. 158–93 (Assizes of Northampton and Clarendon, Glanvill extracts) (Section). |
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Fri., 13 Feb. |
9. Norman and Angevin institutions: the Exchequer and the courts — Materials § 3C, 3E, pp. 99–115, 132–8 (narrative, Pipe Roll of 31 Henry I). |
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Wed., 18 Feb. |
10. The Polstead saga — Materials § 4C, pp. 193–207. |
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Thu., 19 Feb. |
11. The Polstead saga — Review Materials § 4C, pp. 193–207 (Section). |
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Fri., 20 Feb. |
12. Angevin governance (overview) — Review Materials § 3C, pp. 99–115 (narrative); read Materials § 5A (Magna Carta). |
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Mon., 23 Feb. |
13. The assizes of Henry II revisited — Materials § 4D, pp. 207–31 (Palmer bk. rev.). |
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Wed., 25 Feb. |
14. 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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Thu., 26 Feb. |
15. Property and the family — Materials § 5B (Statutes De Donis and Quia Emptores) (Section). |
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Fri., 27 Feb. |
16. 13th century governance (overview) — Materials §§ 5C–5D (outline, documents [S&M, Nos. 47–8], narrative). |
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Mon., 2 Mar. |
17. The king and the barons — Review Materials §§ 5C–5D. |
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Wed., 4 Mar. |
18. Parliament — Review Materials §§ 5C–5D (pp. 275–6, A Record of Parliament; pp. 247–75, S&M Nos. 48–9, 51–2); read Materials § 5H (S&M No. 54G, pp. 307–8). |
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Thu., 5 Mar. |
19. Medieval social structure — Materials §§ 5H, 7D (Section). |
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Fri., 6 Mar. |
20. Introduction to the 14th century; household, council, parliament — Materials §§ 6A–6B (Articles against Gavaston; S&M Nos. 57–8, 60–2, 63A–63E, 64; narrative). [This assignment belongs with Topic III, but is put here because of the way the calendar works. It will not be covered on the hour exam.] |
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Mon., 9 Mar. |
21. Court structure and social structure c.1300 — Review Materials §§ 5H, 7D. |
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Wed., 11 Mar. |
22. The theory of kingship and the English and French constitutions c.1300 — Materials § 5F, G (Bracton on kingship; French outline). |
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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. Assignment |
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Mon., 16 Mar. |
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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Wed., 18 Mar. |
24. Assumpsit — Materials §§ 7C, 7E (Watton v. Brinth, Anon., Watkin’s Case, Somerton’s Case, Anon., Doige’s Case, Dictum, Orwell, Pykering, Slade). |
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Thu., 19 Mar. |
25. Personal actions — Review Materials §§ 7C, 7E. |
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Fri., 20 Mar. |
26. Personal actions revisited — Review Materials §§ 7C, 7E. |
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Mon., 30 Mar. |
27. 14th century household, council, parliament — Review Materials §§ 6A–6B (Articles against Gavaston; S&M Nos. 57–8, 60–2, 63A–63E, 64; narrative). |
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Wed., 1 Apr. |
28. King making and unmaking — Materials § 6G (documents concerning the depositions of Edward II, Richard II, and Edward V); review Materials § 6A (Articles against Gavaston). |
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Thu., 2 Apr. |
29. Pleading and the legal profession — Materials § 7A (a Y.B. case). (Section will meet in the Root Room of the Harvard Law School Library). |
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General
Readings:
Baker, pp. 97–124, 126–32, 162–65, 167–72, 248–57, 269–76, 280–96,
347–61, 409–21. Elton, pp. 1–4, 12–14, 17–18, 20–23, 30–33, 39–45,
59–61, 80–82, 88–94, 102–5, 117–20, 129–34, 148–56, 163–6, 170–4, 187–90,
199–203, 218–26, 233–40, 245–54, 260–8, 290–6, 307–12, 327–30, 338–45,
378–83, 395–99, 419–23, 442–8, 462–8, 483–99 (this is basically his
introductions to the documents); and 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. Assignment |
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Fri., 3 Apr. |
30. Lancaster, York and early Tudor: king, household, council and parliament — Review Materials §§ 6C–6E (chronology, documents [S&M nos. 66B–F, 67–70, 73–76, 79A–B] and narrative). |
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Mon., 6 Apr. |
31. 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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Wed., 8 Apr. |
32. |
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Thu., 9 Apr. |
33. Order, social structure and the law, 1348 – 1500 — Review Materials § 6F (Section). |
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Fri., 10 Apr. |
34. Late medieval/early modern legal theory (overview) — Review Materials §§ 8A, 9A. |
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Mon., 13 Apr. |
35. The origins and development of equity; the search for a forum — Materials § 9C (S&M no. 71; petitions; cases; St. German). |
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Wed., 15 Apr. |
36. Ecclesiastical Jurisdiction, 1250–1600 — Materials § 9B (Donahue article; Circumspecte Agatis; Articuli Cleri; S&M Nos. 62E, G, 64F, 69B, 74B–C; Dolling c. Smith). |
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Thu., 16 Apr. |
37. Ecclesiastical Jurisdiction, 1250–1600 — Review Materials § 9B.(Section). |
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Fri., 17 Apr. |
38. The development of Tudor law and governance (overview) — Materials § 8A–8B (chronology, documents, narrative). |
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Mon., 20 Apr. |
39. Uses and the Statute — Materials § 9C, 9E (S&M no. 71C; S&M nos. 64E, 74H). |
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Wed., 22 Apr. |
40. The English Reformation — Review Materials § 8A (S&M nos. 74B–E, G, L–M; 81A–B, E–G). |
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Thu., 23 Apr. |
41. St. German on uses — Review Materials § 9A, 9C (St. German; S&M no. 71C) (Section). |
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Fri., 24 Apr. |
42. Late medieval/early modern property (review) — Review Materials § 5B (Statutes De Donis and Quia Emptores); Materials § 9A, 9C (St. German; S&M no. 71C). |
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Mon.,
27 Apr.
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43. Slade’s Case — Review Materials § 7E (Orwell, Pickering, Holygrave, Slade’s Case). |
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The section has yet to be arranged, but the section meetings are listed here as if they were on Thursdays. |
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Wed., 28 Jan. |
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Introduction |
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Assignment 1 |
The legacy of the ancient world |
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Assignment 2 |
Anglo-Saxon constitution |
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Assignment 3 |
Anglo-Saxon constitution (cont’d) |
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Assignment 4 |
Aethelberht (Section) |
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Assignment 5 |
Anglo-Saxons (overview) |
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Assignment 6 |
The conquest and feudalism |
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Assignment 7 |
Regnum and sacerdotium, 1066–1215 |
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Assignment 8 |
Glanvill (Section) |
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Assignment 9 |
Norman and Angevin institutions |
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Mon., 16 Feb. |
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Assignment 10 |
The Polestead saga |
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Assignment 11 |
The Polestead saga (Section) |
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Assignment 12 |
Angevin governance (overview) |
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Assignment 13 |
The assizes of Henry II revisited |
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Assignment 14 |
Magna carta |
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Assignment 15 |
Property and the family: The statutes De Donis and Quia emptores (Section) |
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Assignment 16 |
13th Century governance (overview) |
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Assignment 17 |
The king and the barons |
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Assignment 18 |
Parliament |
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Assignment 19 |
Medieval social structure (Section) |
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Assignment 20 |
Introduction to the 14th century—household, council, parliament |
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Assignment 21 |
Court structure and social structure c1300 |
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Assignment 22 |
Theory of kingship and the English and French constitutions c1300 |
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Review |
(Section) |
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Fri., 13 Mar. |
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Hour exam |
(will cover Assignments 1–19, 21–22) |
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Assignment 23 |
Trespass |
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Assignment 24 |
Assumpsit |
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Assignment 25 |
Personal actions (Section, final date for selecting topic for short paper) |
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Assignment 26 |
Personal actions revisited |
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Sat., 21 Mar. |
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Sun., 29 Mar. |
Spring Vacation |
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Assignment 27 |
The 14th century—household, council, parliament |
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Assignment 28 |
King making and unmaking |
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Assignment 29 |
Pleading and the legal profession (Section will meet in the Root Room of the HLS Library) |
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Assignment 30 |
Introduction to Yorkist and early Tudor England: King, household, council, parliament to c.1547 |
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Assignment 31 |
Order, social structure and the law, 1350 – 1600 |
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Assignment 32 |
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Assignment 33 |
Order, social structure and the law, 1350 –1600 (cont’d) (Section) |
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Assignment 34 |
Medieval legal theory (overview) |
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Assignment 35 |
Equity |
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Assignment 36 |
Ecclesiastical Jurisdiction, 1250 – 1600 |
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Assignment 37 |
Ecclesiastical Jurisdiction, 1250 – 1600 (cont’d) (Section; statement of term papers due) |
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Assignment 38 |
The development of Tudor law and governance (overview) |
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Assignment 39 |
Uses
and the Statute |
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Assignment 40 |
The English Reformation |
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Assignment 41 |
St. German on uses (Section) |
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Assignment 42 |
Late medieval, early modern property |
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Assignment 43 |
Slade’s Case |
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Final Lecture |
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Thu., 30 Apr. |
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Review |
(Section; last date for turning in short paper drafts) |
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Wed., 13 May |
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Due date |
Final draft of short paper
due. |
[Home Page] [Information and Announcements] [Lectures]
Please send comments to Rosemary Spang
URL: http://www.law.harvard.edu/faculty/cdonahue/courses/echfas/syllabus/index.html
last modified:
10/10/11
Copyright © 2009 Charles Donahue, Jr.