By Robert C. Palmer
Robert Palmer's pathbreaking research exhibits how the Black demise caused large adjustments in either governance and legislations in fourteenth-century England, developing the mechanisms during which the legislation tailored to social wishes for hundreds of years thereafter.
The Black loss of life killed one-third of the English inhabitants among 1348 and 1351. to maintain conventional society, the king's executive aggressively applied new punitive felony treatments as a mechanism for social keep an eye on. This try to shore up conventional society in truth remodeled it. English governance now legitimately prolonged to regimen rules of all employees, from shepherds to innkeepers, smiths, and doctors.
The new cohesiveness of the ecclesiastical and lay higher orders, the rise in subject material jurisdictions, the expansion of the chancellor's court docket, and the popularity of coercive contractual treatments made the Black demise in England a transformative adventure for legislations and for governance. Palmer's publication, in accordance with all the on hand criminal files, establishes a surely new interpretation and chronology of those very important felony adjustments.
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Extra resources for English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law (Studies in Legal History)
23–39; but also Collins, Early Medieval Spain, pp. 115–29, for more crudely political motivations. H. Lynch, Saint Braulio, Bishop of Saragossa (631–51). His Life and Writings (Washington DC 1938) pp. 137–40. 58 Lex Vis. 1,2,2; 2,1,4; cf. 2,1,2: Quod tam regia potestas quam populorum universitas legum reverentie sit subiecta. 59 Cf. Codex Theodosianus 8,1,1,6 (Gesta Senatus). 60 Nor was Romanization all that was involved. Some clauses in Rothari’s Edict already look like ad hoc responses to particular pressures; with much of his successors’ legislation, this is quite clear.
200 solidi [. ] But if anyone kill him who is in the lord’s trust [truste dominica] [. ] let him be liable for [. ] 600 solidi [. ] But if a Roman man, a guest of the king [Romanus homo, conviva regis] should have been killed, let him be liable for [. ] 300 solidi. But if a Roman man, a landholder [Romanus homo, possessor] should have been killed, let him who is proved to have killed him be liable for [. ] 100 solidi. If anyone kill a Roman tributary [tributarium] [. ] let him be liable for [.
Constitutiones Extravagantes 20, ed. R. von Salis, MGH LL nationum Germanicarum 2,1 (Hannover 1892) [henceforth: Const. ]. Lib. Const. 42; 52; 62; 76; 79 and Const. Extr. 20 bear their own dates, Lib. Const. 42; 76 and 79 being apparently laws of Gundobad. Among topics covered in n. 10, cf. on injustice: Lib. Const. 1 and Cod. , pp. 28; 31–2 for probable fragments of the Codex Euricianus, with Lex Visigothorum, ed. K. Zeumer, MGH LL nationum Germanicarum 1 (Hannover 1902) pp. : Cod. Eur. 276–277; 312; Lib.
English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law (Studies in Legal History) by Robert C. Palmer