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This collection of seven essays, an introduction, a tribute from
the editors, and a bibliography of Tom Barnes's works, brings together
contributions from seven historians, five of whom were Barnes's
students. To have done justice to all of Barnes's wide-ranging interests
in English, American, and Canadian legal history; his essays on
the importance of the teaching of legal history; his "Notes from
the Editor" accompanying scores of facsimile editions in The
Legal Classics Library; his invaluable deconstructions of the
Whig myths of the Court of Star Chamber; and, perhaps most significant,
his pioneering work in English county history, would have been impossible.
Yet, the essays in this collection, for the most part built upon
the archival record, admirably reflect Barnes's abiding belief in
doing history by "getting your hands dirty in the original manuscript
sources." It was one of his favorite admonitions to his students.
Mark Charles Fissel, "Early Stuart
Absolutism and the Strangers' Consulage," and Stephen J. Stearns,
"Military Disorder and Martial Law in Early Stuart England," are
prime examples of essays built upon intensive research in the
P.R.O. (now the National Archives). Fissell's essay on the "strangers'
consulage," fees paid by foreigners who shipped their goods in
English vessels, focuses on the contest from the late 1630s through
the early 40s between merchants of the Levant Company and Charles
I over the right to collect these fees. Fissel observes that the
exploitation and expansion of Charles's prerogative made it an
unequal contest and concludes that the king's treatment of the
merchants, marked by his appropriation of the strangers consulage
"was simply a microcosm of Charles's attitude toward his subjects
in general" (202) and yet another "manifestation of Caroline autocratic
rule" (211). Stearns's essay, another example of sound and productive
archival research, examines a number of important seventeenth-century
social and political issues. In the first instance, he argues
that contemporary prejudices about the criminal character of conscripts
were often wide of the mark and that military disorder was as
often as not a function of the absence of regular pay, the shortage
of food, unnecessarily severe treatment, and poor leadership.
Still, at a time of an unpopular war in the late 1620s, problems
of disorder and desertion needed to be addressed. The question,
then, was whether the appropriate remedies were to be found in
the encroachments of an ambiguously defined martial law or, as
Coke and others insisted, "discipline could be maintained and
public peace guaranteed . . . under the common law"
(122). Ultimately, the common law argument prevailed as the political
nation determined that "some military disorder was less dangerous
than unrestrained summary power left to the king's discretion"
(125). Buchanan Sharp, "Shakespeare's Coriolanus and the
Crisis of the 1590s," is similarly concerned, if in a strikingly
different way, with the uses of source material. In this essay
he examines the Midlands Revolt of 1607, long taken to have been
the contemporary source of the opening crowd protest scene in
Shakespeare's play. According to Sharp, a more careful analysis
of the play and the playwright's sources reveals that Shakespeare
was more likely to have been informed by "the London food riots
of 1595 and more generally the crisis of the 1590s" (28).
The remaining four essays reflect
Barnes's interest in legal procedure, precedent, and the politics
of religion. Lamar M. Hill, "ŽExtreme Detriment': Failed Credit
and the Narration of Indebtedness in the Jacobean Court of Requests,"
is deft in his handling of the intricacies of commercial law and
equity procedure. He examines the critical shortage of currency
in the early seventeenth century, leading to overextended credit
and its effect upon "artisans and the poor caught up in a spiraling
cycle of debt" (136). Hill, following the revisionist work of
Craig Muldrew, argues that the credit economy rather than originating
in the eighteenth century can be traced to the late Elizabethan
and early Jacobean era. However, relying on an analysis of the
pleadings in four cases in the Jacobean Court of Requests, Hill
rejects Muldrew's view "that trust in one's neighbour remained
the foundation upon which the actual business world depended"
(138). Rather, he finds compelling evidence of bad faith, fraud,
the failure of trust, and the shortcomings of an assumedly honest
commercial society in which misplaced social deference could lead
to inequitable results. Allen Horstman, "The Parliament of 1621
Revisited: The Beginnings of Impeachment," places impeachment
in the wider context of Jacobean parliamentary judicature and
an emerging legal culture, seeking to understand impeachment more
as a legal procedure than a political event. Like Hill, he is
attentive to the details of procedure, but goes further in his
examination of precedent as necessary to the understanding of
parliament's role as a court of law. William M. Abbott, "Anticlericalism
and Episcopacy in Parliamentary Debates, 1640–1641: Secular
Versus Spiritual Functions," deconstructs the debates over the
"root-and-branch" bill for the abolition of the episcopacy through
an examination of the underlying distaste for the bishops' temporal
powers. He demonstrates that it was the evolution of primitive
episcopacy from preaching to coercive governance, not episcopacy
per se, that was viewed as the great evil, thereby underscoring
the irresolvable "quandary inherent in stripping episcopacy of
its lordliness while somehow retaining the office" (177). Finally,
in "Topsy and the King: The English Common Law, King James VI
and I, and the Union of the Crowns," the late Conrad Russell revisits
some well known seventeenth-century arguments about sovereignty,
specifically the contest between the common law, as interpreted
by the judges, and statute law as the will of the sovereign, and
reexamines the question that vexed so many contemporaries: to
what extent is the law immemorial and to what extent might it
be changed—and by whom?
Taken as a whole, the collection
looks principally at the intersection of law and politics in the
wider context of Stuart history. In general, it will be useful
to scholars both in law and history; in particular, it should
be a delight to the scholar it honors.
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