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The Publication and Reception of Local and Parliamentary Legislation in England, 1422–C.1485

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The Publication and Reception of Local and Parliamentary Legislation in England, 1422–C.1485 The Publication and Reception of Local and Parliamentary Legislation in England, 1422–c.1485 Dean Rowland Institute of Historical Research Declaration I, Dean Andrew Rowland, declare that this thesis is purely my own work carried out for the degree of Ph.D. at the Institute of Historical Research. I submitted a dissertation for the degree of M.Phil at the University of Cambridge in 2007 that covered a part of the subject matter of the present thesis, in significantly less depth. Only a very small of text (amounting to no more than a few lines and occasional turns of phrase) has been incorporated from that dissertation in the present one. My M.Phil dissertation will be cited, where appropriate, in the present dissertation. Date: 2 Abstract This dissertation examines the means by which the content of legislation made by parliament, and by the authorities in towns, was communicated to the wider populace in fifteenth-century England. It is a study of how legal knowledge could be acquired in the pre-modern world, whilst also using that study as a window through which to explore wider questions about political society and communication within that society. The central argument is that it is necessary to consider the media used to publicise laws much more broadly than the traditional focus on the ‘top-down’ process of oral proclamation of new legislation made by the authorities at the political centre and in the localities. Rather, one needs to assess more realistically the limits of proclamations and how often they were performative rather than purely informative acts, that is to say, they were primarily designed to achieve certain instrumental effects. Moreover, much of what was orally declaimed was actually a settled repetition of older material in which national laws were melded with localised applications in a blend in which the join was no longer visible, one in which ‘quasi- statutes’ were frequently as significant as what was supposedly the real thing. Whilst royal and civic administrations exercised some control over the texts of legislation that were circulated, a great deal of the meaningful communication that took place was instigated by local officers, royal officials, even book-producing entrepreneurs, who all performed vital mediating functions. The actions of these intermediaries need to be seen in conjunction with oath taking, the use of writing, the established use of the English language and strong wider demand for information about new laws. 3 Contents Chapter One: Introduction 20 Part One: The Dissemination of Parliamentary Legislation Chapter Two: Channels Associated with Government I: Statute Rolls and Royal Proclamations 2.1. Statutes in the Fifteenth Century: Texts and Sources 43 2.2. Royal Proclamations of Parliamentary Legislation 54 2.2.1. The Typology of Royal Proclamations of Parliamentary Legislation 55 2.2.2. The Location and Making of Royal Proclamations of Parliamentary Legislation 63 2.2.3. The Reception of Royal Proclamations of Parliamentary Legislation 67 2.2.4. The Effectiveness of Royal Proclamations of Parliamentary Legislation 75 2.3. Conclusions on the Statute Rolls and Royal Proclamations 85 Chapter Three: Channels Associated with Government II: Other Forms of Government Promulgation 3.1. Introduction: Official and Hybrid Forms of Publication 88 3.2. Parliamentary Oaths 90 3.3. The Promulgation of Parliamentary Legislation within government 4 3.3.1 The writ of Mittimus and the Techniques of Internal Promulgation in Government 95 3.3.2. Case Study: Labouring for a Mittimus writ: the City of Canterbury 104 3.4. Conclusions 107 Chapter Four: The Reception of Parliamentary Legislation outside Royal Administration: Local Sources and Nova Statuta 4.1. Introduction: Interest in Parliament 109 4.2. The Local Reception of Parliamentary Legislation 4.2.1. Literary Sources: Poetry and Prose Literature 113 4.2.2. The Urban Reception of Parliamentary Legislation 118 4.3.1. Nova Statuta: Types, Owners and Users 127 4.3.2. Production Models in Manuscript Nova Statuta 132 4.3.3. Production Models in Printed Statutes 136 4.4. Conclusions 144 Part Two: The Publication and Reception of Local Legislation Chapter Five: The Publication of Local Legislation 5.1. Introduction. Urban Legislation: Sources and Methodological Points 147 5 5.2. The Typology of Forms of Publication of Urban Legislation 5.2.1 Proclamations and Readings 154 5.2.2 Oaths 158 5.2.3. Written Forms: Exemplifications and Formal Consultation 160 5.2.4. Access to Archives 164 5.3. Ignorance of Urban Legislation and Mitigation Strategies 168 5.4. The Performativity of Proclamations 172 5.5. Conclusions 178 Part Three: Parliamentary and Urban Legislation in Combination Chapter Six: The dialogue of local and national legislation 6.1. Introduction 180 6.2. The Dialogue of Legislation in Common Proclamations 6.2.1. Tracing the Interplay of Legislation Over Time: The Content of Common Proclamations 186 6.2.2. Analysis of the Influences in Common Proclamations by Subject Matter 189 6.2.2.1. Unlawful Games 189 6.2.2.2. Provender and Horsebread 191 6 6.2.2.3. The Manufacture of Leather Goods 194 6.3. The Copying of Local Ordinances in London and Beyond 197 6.4. Conclusions 203 Chapter Seven: The Reception of Legislation through its Implementation 7.1. Introduction: Implementation and Local Courts 205 7.2.1 Case Study I: Ipswich Leets and Peace Sessions 7.2.1.1. Ipswich and its Records 211 7.2.1.2. The Offences Presented in Ipswich’s Court Leet 212 7.2.1.3. The Offences Indicted in Peace Sessions in Ipswich 217 7.3. Case Study II: Exeter Tourn Juries and Local Officials 219 7.4. Procedural Aspects of Leets and Peace Sessions 224 7.5. Conclusion 233 Chapter Eight: Conclusions 235 Bibliography 242 Appendices: 1: Versions of Statutes in English (I): the ‘Statute of Riots’ of 1454 (31 Hen. VI c.2) 284 7 2: Versions of Statutes in English (II): Richard III’s Statute on cloths (1 Ric. III c. 8) 288 3: List of Nova Statuta considered 296 4: Statute Texts not included in Statutes of the Realm: 1422–85 301 5: A Brief Comparison of Translated Statutes 311 6: Miscellaneous Comparisons of Statute Texts 313 7: The Collation of Versions of the London Common Proclamation 318 8: Working List of London Legislative Texts Found Outside Records Held in the Inner Chamber of The Guildhall in the Fifteenth Century 340 8 Abbreviations Add. Additional MSS Arnold’s Chron. STC 782, cited here from The Customs of London, otherwise called Arnold’s Chronicle, ed. F. Douce (1811) Austin, Words J.L. Austin, How To Do Things With Words, ed. J.O. Urmson & M. Sbisà, (2nd ed. Cambridge MA, 1975) Barron, London in LMA C.M. Barron, London in the Later Middle Ages: Government and People 1200–1500 (Oxford, 2004) BB Brevia directa Baronibus section of KR memoranda rolls BIHR Bulletin of the Institute of Historical Research BL British Library, London BMC, XI Catalogue of Books Printed in the XVth Century Now in the British Library, Part XI: England (t’Goy-Houten, 2007) Bodl. Bodleian Library, Oxford BJRL Bulletin of the John Rylands Library c. chapter Cal. LBA, LBB [etc.] Calendar of the Letter Books of the City of London A–L, ed. R. Sharpe (11 vols., 1899– 1912) Cal. P&M Calendar of Plea and Memoranda Rolls of the City of London, ed. A.H. Thomas & P.E. Jones (6 vols., Cambridge, 1924–61) Cavill, Hen. VII P.R. Cavill, The English Parliaments of Henry VII 1485–1504 (Oxford, 2009) CCA Canterbury Cathedral Archives 9 CChR Calendar of Charter Rolls (1903–) CCR Calendar of Close Rolls (1949–) CHBB, iii. L. Hellinga & J.B. Trapp (eds.), The Cambridge History of the Book in Britain, vol. iii (Cambridge, 1999) Chrimes, Constitutional Ideas S.B. Chrimes, English Constitutional Ideas in the Fifteenth Century (Cambridge, 1936) CJ chief justice Clanchy, Memory M.T. Clanchy, From Memory to Written rd Record: England 1066–1307 (3 ed., Chichester, 2013) CLB The Coventry Leet Book, ed. M.D. Harris (EETS, 1907–13) CPR Calendar of Patent Rolls (1897–) CUL Cambridge University Library d dorse Davies & Denton, Eng. Parl. R.G. Davies & J.H. Denton (eds.), The English Parliament in the Middle Ages (Manchester, 1981) Davis, Market Morality J. Davis, Medieval Market Morality: Life, Law and Ethics in the English Marketplace, 1200– 1500 (Cambridge, 2012) Dict. Med. Latin Dictionary of Medieval Latin from British Sources, ed. R.E. Latham et al. (Oxford, 1975–) Dodd, Justice and Grace G. Dodd, Justice and Grace: Private Petitioning and the English Parliament in the Late Middle Ages (Oxford, 2007) DRO, ECA Devon Record Office, Exeter City Archives Econ. HR Economic History Review EETS Early English Text Society 10 EF Exeter Freemen 1266–1967, ed. M.M. Rowe & A.M. Jackson (Devon & Cornwall Rec. Soc., extra ser., 1973) EHR English Historical Review Elton, Studies G.R. Elton, Studies in Tudor and Stuart Politics and Government (4 vols., Cambridge, 1974–92) English Gilds English Guilds, ed. L. Toulmin Smith (EETS, rev. ed., 1892) ESRO East Sussex Record Office, Falmer, Brighton f., ff. folio, folios Foedera Foedera, ed. T. Rymer, rev. G. Holmes (10 rd vols., 3 ed., Hague, 1739–45) GL Guildhall Library, London GRB The Great Red Book of Bristol, ed. E.W.W. Veale (4 vols., Bristol Rec. Soc., 1933–53) Gray, Influence H.L. Gray, The Influence of the Commons on Early Legislation (Cambridge MA, 1932) Great Chron. The Great Chronicle of London, ed. A.H. Thomas & I.D. Thornley (1938) Green, Worcester, App. V. Green, The History and Antiquities of the City and Suburbs of Worcester (2 vols., 1796), ii. Appendix, section XVII, No.
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