First published in the summer of 1557 - as the protestant martyrs’ pyres blazed across England - Songes and Sonettes, written by the ryght honorable Lorde Henry Haward late Earle of Surrey, and other (more generally known as Tottel’s Miscellany) is widely regarded as the first anthology of English poetry responsible for introducing Italianate verse forms to England. Yet those scholars who have paid attention to the book usually dismiss its literary quality and regard its chief accomplishment as paving the way for the Golden Age of Elizabethan verse to come. As Professor Warner makes clear, however, there is much more historical significance to the Miscellany than merely being a precursor to Shakespeare and Sidney. Drawing upon a wealth of historical, textual and literary evidence, this new study recasts the Miscellany as a peculiar phenomenon of the reign of Mary I. Placing it in the context of its European counterparts and its competition in the London book market, Warner argues that at heart the Miscellany was a collaborative project between the printer, Richard Tottel and law students from the Inns of Court, and represented a timely response to the religious, political and social upheavals of the English Reformation and Counter-Reformation. Analysing from both a literary and historical perspective, this study reconnects the Miscellany with the social, cultural, literary and religious milieu in which it was created. Warner thus reveals not only the distinctiveness of the book’s design compared to other English verse works for sale in 1557, but its function as a patriotic retort to Continental collections of verse -including one that put into print a selection of satirical songs and sonnets written by the Spanish caballeros who found themselves reluctant attendants at the court of Mary I.

This volume in 'The Oxford History of the Laws of England' covers the years 1483-1558, a period of immense social political, and intellectual changes which profoundly affected the law and its workings.

This significant reassessment of Jacobean political culture reveals how colonizing America transformed English civility in early seventeenth-century England. This title is also available as Open Access.

This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.

This new account of the influence of Magna Carta on the development of English public law is based largely on unpublished manuscripts. The story was discontinuous. Between the fourteenth and sixteenth centuries the charter was practically a spent force. Late-medieval law lectures gave no hint of its later importance, and even in the 1550s a commentary on Magna Carta by William Fleetwood was still cast in the late-medieval mould. Constitutional issues rarely surfaced in the courts. But a new impetus was given to chapter 29 in 1581 by the 'Puritan' barrister Robert Snagge, and by the speeches and tracts of his colleagues, and by 1587 it was being exploited by lawyers in a variety of contexts. Edward Coke seized on the new learning at once. He made extensive claims for chapter 29 while at the bar, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law. The book ends in 1616 with the lectures of Francis Ashley, summarising the new learning, and (a few weeks later) Coke's dismissal for defending too vigorously the liberty of the subject under the common law.