English Law in the Age of the Black Death,

Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social needs for centuries thereafter. The Black Death killed one-third of the English population between 1348 and 1351. To preserve traditional society, the king's government aggressively implemented new punitive legal remedies as a mechanism for social control. This attempt to shore up traditional society in fact transformed it. English governance now legitimately extended to routine regulation of all workers, from shepherds to innkeepers, smiths, and doctors. The new cohesiveness of the ecclesiastical and lay upper orders, the increase in subject matter jurisdictions, the growth of the chancellor's court, and the acceptance of coercive contractual remedies made the Black Death in England a transformative experience for law and for governance. Palmer's book, based on all of the available legal records, establishes a genuinely new interpretation and chronology of these important legal changes.

Preface
Abbreviations
General Introduction	p. 1
The Upper Orders Drew Together into a More Cohesive Government...
Introduction	p. 9
Creating the Gentry	p. 14
Regulating the Church	p. 28
Conclusion	p. 54
...to Facilitate or Coerce the Upper Orders to Stand to Their Obligations...
Introduction	p. 59
The Written Contract	p. 62
Recovering Movables	p. 91
The Chancellor's Court	p. 104
Conclusion	p. 133
...and to Coerce the Lower Orders to Stand to Their Obligations
Introduction	p. 139
The Issues	p. 147
Trespass Vi et Armis	p. 152
Assumpsit	p. 169
Carriers	p. 171
Builders	p. 181
Doctors	p. 185
Shepherds, Clothworkers, Laborers	p. 197
Conclusion	p. 211
Trespass on the Case	p. 217
Farriers	p. 219
Vicious Dogs	p. 228
Innkeepers and Jailers	p. 252
Fires, Cattle, etc.	p. 268
Dikes and Franchises	p. 283
General Conclusion	p. 294
Appendixes
Author's Note	p. 309
Appendix 1. Regulating the Church	p. 309
Appendix 2. The Written Contract	p. 324
Appendix 3. Carrier Writs	p. 328
Appendix 4. Cutting Timber	p. 334
Appendix 5. Builders	p. 335
Appendix 6. London Doctors	p. 340
Appendix 7. Doctors of Animals and People	p. 342
Appendix 8. Detinue of Animals	p. 349
Appendix 9. Shepherd Assumpsit Writs	p. 350
Appendix 10. Horses Bailed	p. 356
Appendix 11. Clothworkers	p. 359
Appendix 12. Services	p. 361
Appendix 13. Horse Killers	p. 364
Appendix 14. Farriers	p. 365
Appendix 15. Scienter with Warnings	p. 368
Appendix 16. Scienter without Warnings	p. 371
Appendix 17. Other Scienter Writs	p. 376
Appendix 18. Innkeeper Liability: London	p. 377
Appendix 19. Innkeeper Liability	p. 378
Appendix 20. Jailers before 1348	p. 382
Appendix 21. Jailers after 1348	p. 383
Appendix 22. Indirect and Consequential Damages	p. 386
Appendix 23. Miscellaneous Wrongs	p. 388
Appendix 24. Select Repair Writs	p. 395
Appendix 25. Select Franchise Writs	p. 407
Manuscript Sources	p. 417
Index	p. 421
Table of Contents provided by Blackwell. All Rights Reserved.

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English Law in the Age of the Black Death, 1348-1381

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