Law, Justice and Landowners in Late Medieval England

Abstract

Lawlessness, both the more subtle manipulative and the cruder violent varieties, has long been seen as one of the most marked features of England in the fourteenth and fifteenth centuries. Even in recent years historians have found it a difficult subject to handle. With the notable exception of K. B. McFarlane, and more recently M.T. Clanchy and G.L. Harriss, few have been prepared to deny that there was something intrinsically wrong with the administration of the law in this period, even though they may concede that it was no ‘wronger’ than in the thirteenth century, merely better documented. Underlying these discussions there is, in Clanchy's words, the often unspoken assumption ‘that the king's justice really was the norm and that justice emanated from the centre to the localities.’ Thus, the need for an extension of royal justice is set against local abuses, which all law-abiding men from the king downwards would have wished eradicated.