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Piers Plowman, Legal Authority and the Law of Subject Status. Victoria Thomas Washington University in St

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Piers Plowman, Legal Authority and the Law of Subject Status. Victoria Thomas Washington University in St Washington University in St. Louis Washington University Open Scholarship All Theses and Dissertations (ETDs) 5-24-2012 Piers Plowman, Legal Authority and the Law of Subject Status. Victoria Thomas Washington University in St. Louis Follow this and additional works at: https://openscholarship.wustl.edu/etd Recommended Citation Thomas, Victoria, "Piers Plowman, Legal Authority and the Law of Subject Status." (2012). All Theses and Dissertations (ETDs). 730. https://openscholarship.wustl.edu/etd/730 This Dissertation is brought to you for free and open access by Washington University Open Scholarship. It has been accepted for inclusion in All Theses and Dissertations (ETDs) by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY Department of English and American Literature Dissertation Examination Committee: David Lawton, Chair Musa Gurnis-Farrell Tony Hasler Robert Milder Neil Richards Jessica Rosenfeld Piers Plowman, Legal Authority and the Law of Subject Status By Victoria Katharine Hunt Thomas A dissertation presented to the Graduate School of Arts and Sciences of Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy MAY 2012 Saint Louis, Missouri Copyright 2012 by Victoria Katharine Hunt Thomas ABSTRACT OF THE DISSERTATION PIERS PLOWMAN, Legal Authority and the Law of Subject Status by Victoria Katharine Hunt Thomas Doctor of Philosophy in English and American Literature Washington University in St. Louis, 2012 Professor David Lawton, Chair This project examines the legal discourses surrounding Langland’s Piers Plowman to show that the language of the law courts, and the dilemmas faced there on a daily basis about the authority of the law, are mirrored in the way in which Langland presents Christ’s harrowing of hell at one of the narrative climaxes of the poem. The state of English law inflects the literature, even when the issue presented appears to be covenantal theology, because the questions over the basis of legal authority being asked in the courtroom were so enmeshed in the language of the courtroom being used in the poem. Although it is impossible to say which of the law or literature influenced the other more, this project demonstrates how Langland, when speaking of the nature of legal authority, carves out a place for his poem as an authoritative alternative discourse that might bridge the gaps between theology and the common law. To show how Langland achieves this, chapter one of the project focuses on his engagement with the four main institutional sources of contemporary ii authority: the church, the law, the political community, and the schools. I argue that Langland creates authority for his poem by reframing their main ideas through his poem’s creative manipulation of their discourses. Specifically, chapter two illustrates how he enters the debate over the basis of the authority of the law through his framing of Christ’s harrowing of hell in an unequivocably legal understanding of the terms ‘riht’ and ‘reson’ in order to emphasize the importance of Christian ideas of Mercy in the administration of justice. Chapter three focuses on Langland’s understanding of reason as the conduit to legal authority to show his belief that justice demands ‘riht’ and ‘reson’ must act together. The second part of the project examines the legal, historical and literary circumstances surrounding Edward III’s passing of the 1351 statute, De natis ultra mare, and its later interpretation to illustrate how Langland’s views on the nature of kingship examined in chapter four promoted ideas that played an integral part in the legal development of the idea of citizenship and the role of the king. Chapter fives details the shift from the legal definitions of personal status in terms of slave and master to those of citizen and king – a process which led eventually to the divisions by nation and nationality that still define the contemporary world – to demonstrate how it was the acceptance of the ideas of kingship reflected in Piers Plowman that led the statute to be interpreted by judges as it was, so enshrining Langland’s ideas on kingship into law. iii Acknowledgements This project has accompanied me through major changes in my life, both as mountain and refuge. Its completion would not have been possible without the support and encouragement of friends and colleagues in the Washington University English department and their constant humor and good will. On this front, I owe an enormous debt especially to Dorothy Negri and Kathy Schneider for their unfailing good cheer and encouragement. Likewise, I have been fortunate to have as fellow medievalists Jessica Lawrence, Rick Godden, Elon Lang, Susan Lowther, Rob Patterson, and Sarah Noonan for understanding, conviviality and the occasional pint. My professional debt is to David Lawton. I know myself fortunate to have had as my advisor such an engaged and inspiring scholar as David. I could not hope for a better example of rigorous scholarship infused with an infectious enthusiasm for the field, for which I will be forever grateful. I owe thanks also to Jessica Rosenfeld, for the time she took to offer constructive criticism to get this project completed by giving pertinent and helpful directions around the roadblocks. The faults of this project are entirely my own but there would have been many more of them without their guidance. Others know how I feel about them: for great friendships, and endless cups of tea, my thanks to Theresa Biggs, Erin Finneran, Anita Hagerman and Gail Venable; for the warm, patient, considerate and supportive embrace of a resident alien, thanks to my parents-in-law, Ted and Sissy; and, for a lifetime of understanding and sharing, thanks to my siblings, Miles, Suzanna, Alex, and Sophie. My parents have always been a source of inspiration and wisdom, and I hope that this in some way counts towards the debt I owe them for their gifts of the love of literature and the spirit of inquiry, and their example to live passionately and positively. I only hope that I shall be able to burden my own children similarly. Elena, Olivia and Max Thomas inspire me daily to find a way to Dowel, Dobet and Dobest, and give the attempt purpose and laughter. They are the true gift of my life, shared with my dearest love, my husband Scott. He has been a model of encouragement and faith, brings joy and comedy gold to my every day, and makes each of those days worthwhile. My completion of this work is his triumph. Thank you, my love. iv For Sir James and Lady Sue Hunt, “Wel may the barn blesse that hym to book sette” (B.XII.187) & Scott Thomas, “And thow love lelly, lakke shal thee nevere” (B.XX.210) v TABLE OF CONTENTS: Abstract of the dissertation ……………………………………. ii Acknowledgements …………………………………………….. iv Table of Contents ………………………………………………. vi Introduction …………………………………………………….. 1 Chapter 1: A Claim for Poetic Authority ……………………. 26 The need to establish authority: the problem of the narrator as unreliable witness ……………………………... 27 Establishing locus standi: Langland’s legal authority …….. 36 Langland’s political and poetic claim for authority in the community …………………………………………….. 43 “Grammar, the ground of al”: Adopting the school and grammatical models. a) Linguistic and stylistic authority ……………….. 47 b) The grammatical metaphor …………………….. 56 Chapter 2: Right, Reson and upholding the law ………………….. 62 Right or ransom? The significance of the debate of the Four Daughters of God ………………………………... 67 A legal frame for the redemption ………………………….. 84 The need for ‘right’ and ‘reason’ to fulfill the law ………... 87 Chapter 3: Reason in the courtroom: the origin of legal authority 96 Legal Authority in the courtroom …………………………. 96 The authority of canon law ………………………………... 105 The authority of the common law …………………………. 111 a) The populist theory …………………………...... 111 b) Rigor iuris and natural law …………………….. 115 Reason as the conduit to natural law ………………………. 120 vi The meaning of ‘riht’ ……………………………………… 125 Justice demands ‘right and reson’ acting in consort together 130 Chapter 4: Christ’s ‘liges’: Langland’s model of kingship … 136 Chapter 5: The influence of Langland’s view of kingship on the contemporary courts ……………………………. 168 Seeking an explanation for a paradigm shift in the law …… 168 The position in the courts: ‘Free’ or ‘unfree’? ……………. 170 From slave to subject, property to partner ………………… 174 De natis ultra mare (1351) ………………………………... 180 Conclusion ……………………………………………………… 199 Works Cited ………………………………………………….. 201 vii viii INTRODUCTION: In 1345, the Chief Justice of the Common Pleas, Sir John Stonor, responded to an assertion by a fellow Justice, Sir Roger Hillary, that law is the will of the justices by countering, ‘Nanyl, ley est resoun.’ At stake in that debate was no less than the authority of the law, and the philosophy of law that developed around its outcome would affect the development of the common law as it stands today. In his translation of that 1345 year book, Pike translates ‘resoun’ as ‘right’ in this instance, but in his introductions to the Yearbooks 18 & 19 Edward III, p.xxvi, n.I and 20 Edward III, pt.ii, p.lxxiv., he translates the same word as ‘reason’. A study of the judgments and comments of Sir William Shareshull, Chief Justice of the King's Bench from 26 October 1350 to 5 July 1361, reveals that he too was trying to understand the relationship between ‘ley’ and ‘resoun,’ as he repeatedly uses phrases such as ‘contrary to reason’ and ‘against law and reason.’1 It appears from their context that, despite his use of the conjunction, he views the terms as linked entities. However, that he considers they might also be separated is clear from pleadings (many years before he became a judge) when he argued that it would be ‘against reason’2 were a writ of trespass to be set aside against all but one of the defendants due to an error in form, and for that one defendant then to be held liable for all of the damages.
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