Maintenance in Medieval England

by Jonathan Rose

Overview

This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.

Product Details

ISBN-13:	9781108206181
Publisher:	Cambridge University Press
Publication date:	06/22/2017
Series:	Cambridge Studies in English Legal History
Sold by:	Barnes & Noble
Format:	eBook
File size:	4 MB

About the Author

Jonathan Rose is Professor of Law and Willard H. Pedrick Distinguished Research Scholar Emeritus, Sandra Day O'Connor College of Law, Arizona State University; Faculty Affiliate, Arizona Center for Medieval and Renaissance Studies, Arizona State University; and Affiliated Faculty Member, Department of History, Arizona State University. He has taught legal history, contracts, professional responsibility, and antitrust. He has also received several awards for outstanding teaching. Professor Rose is the author of numerous articles and other works on legal history, antitrust, economic regulation, and legal ethics.

Table of Contents

1. Introduction; 2. Social norms relating to the assistance of others; 3. Legal responses to the corruption of justice; 4. The early litigation 1272–1327; 5. Efforts to deal with corruption of justice in the reign of Edward III; 6. Criminal and civil litigation during the reign of Edward III; 7. Maintenance and medieval literature; 8. Changes in the late medieval period; 9. The development of the law of maintenance: permissible justifications for meddling; 10. The development of the law of maintenance: illegal maintenance; 11. Livery; 12. Achieving the legislative objectives of the maintenance statutes; 13. Conclusion.

Editorial Reviews

'… the sheer volume of research that underpins this book, and the many useful tables and appendices that accompany it, will undoubtedly ensure it becomes staple reading, and an excellent research tool, for anyone interested in legal abuses in later medieval England.' Matthew Hefferan, Nottingham Medieval Studies

‘This volume is particularly to be commended for its balance between historical and legal modes of study … He has written a book that is valuable in shedding a new and distinct light on the later medieval legal landscape, in suggesting new directions for study into lordship and affinities, and in bridging the disciplines of history and law.’ Hannah Boston, The English Historical Review

‘… an important and long overdue contribution to that field.’ Anthony Musson, Journal of British Studies

From the Publisher