Book contents
- Frontmatter
- Contents
- GENERAL EDITOR'S PREFACE
- Preface
- Introduction
- Abbreviations
- CHAPTER I FAMILY AND ESTATES: History of the Shareshull family and of their landed estates, with special reference to the chief justice
- CHAPTER II PROFESSIONAL CAREER: Shareshull's elementary and legal education; his career as pleader and as judge; his appointments to common pleas, king's bench and exchequer, also to innumerable commissions, special and general
- CHAPTER III PUBLIC AFFAIRS: Shareshull's relations with the king on diplomatic missions and in parliament and council; his work on the private domains of the Black Prince
- CHAPTER IV LEGISLATION: Shareshull's part in framing ordinances and statutes, especially the legal and economic enactments of 1349-52
- CHAPTER V LAW ENFORCEMENT: Shareshull's policy of law enforcement, and of the imposition of huge financial penalties by means of commissions of oyer and terminer and of eyres, by the development of the justices of the peace and of the justices of labourers, and by a novel use of the king's bench
- CHAPTER VI STAFF AND EXPENSES: The enrolment and the preservation of proceedings before Shareshull; his group of trained clerks; arrangements for travelling and for transporting documents, for housing, food and clothing; annual stipends and daily fees
- CHAPTER VII SHARESHULL AND SHARDELOW: An account of the confusion between William Shareshull and his colleague John Shardelow; an attempt at disentangling them
- CHAPTER VIII LEGAL DOCTRINE:Shareshull's judicial pleadings and opinions: his legal thought in general, his learning, his doctrines of private law and of criminal law
- CHAPTER IX VINDICATION OF CHARACTER: Analysis of the charges against Shareshull and of the attitude of his contemporaries towards him; reasons for his retirement to a Franciscan convent
- CHAPTER X His PLACE IN HISTORY: An estimate of Shareshull's personality and of his significance for legal, economic and administrative history
- APPENDIXES
- Appendix I GENEALOGY AND LANDED PROPERTY
- Appendix II EVIDENCE FOR SHARESHULL'S ACTIVITIES
- Appendix III SHARESHULL AND SHARDELOW IN THE UPPER COURTS
- NOTES
- List of statutes cited
- List of reports of cases cited
- Index
Appendix III - SHARESHULL AND SHARDELOW IN THE UPPER COURTS
from APPENDIXES
Published online by Cambridge University Press: 05 June 2016
- Frontmatter
- Contents
- GENERAL EDITOR'S PREFACE
- Preface
- Introduction
- Abbreviations
- CHAPTER I FAMILY AND ESTATES: History of the Shareshull family and of their landed estates, with special reference to the chief justice
- CHAPTER II PROFESSIONAL CAREER: Shareshull's elementary and legal education; his career as pleader and as judge; his appointments to common pleas, king's bench and exchequer, also to innumerable commissions, special and general
- CHAPTER III PUBLIC AFFAIRS: Shareshull's relations with the king on diplomatic missions and in parliament and council; his work on the private domains of the Black Prince
- CHAPTER IV LEGISLATION: Shareshull's part in framing ordinances and statutes, especially the legal and economic enactments of 1349-52
- CHAPTER V LAW ENFORCEMENT: Shareshull's policy of law enforcement, and of the imposition of huge financial penalties by means of commissions of oyer and terminer and of eyres, by the development of the justices of the peace and of the justices of labourers, and by a novel use of the king's bench
- CHAPTER VI STAFF AND EXPENSES: The enrolment and the preservation of proceedings before Shareshull; his group of trained clerks; arrangements for travelling and for transporting documents, for housing, food and clothing; annual stipends and daily fees
- CHAPTER VII SHARESHULL AND SHARDELOW: An account of the confusion between William Shareshull and his colleague John Shardelow; an attempt at disentangling them
- CHAPTER VIII LEGAL DOCTRINE:Shareshull's judicial pleadings and opinions: his legal thought in general, his learning, his doctrines of private law and of criminal law
- CHAPTER IX VINDICATION OF CHARACTER: Analysis of the charges against Shareshull and of the attitude of his contemporaries towards him; reasons for his retirement to a Franciscan convent
- CHAPTER X His PLACE IN HISTORY: An estimate of Shareshull's personality and of his significance for legal, economic and administrative history
- APPENDIXES
- Appendix I GENEALOGY AND LANDED PROPERTY
- Appendix II EVIDENCE FOR SHARESHULL'S ACTIVITIES
- Appendix III SHARESHULL AND SHARDELOW IN THE UPPER COURTS
- NOTES
- List of statutes cited
- List of reports of cases cited
- Index
Summary
A statistical presentation, based on year books of Edward II and Edward III, year by year, term by term, and case by case, of arguments by and references to: (a) certainly Shareshull; (b) presumption in favour of Shareshull; (c) certainly Shardelow; (d) presumption in favour of Shardelow; (e) uncertain; (f) clearly both.
My investigation of the presence of Shareshull and Shardelow in the upper courts has been based on the 1678-80 edition of the year books (usually referred to in this section as ‘old ed.’), for 1-19 Edward II, 1-10, 17-39, 40-50 Edward III (sometimes checked by early black-letter editions); the Rolls Series edition for 11-20 Edward III; the I514(?) edition of Liber Assisarum, 1-50 Edward III; and also on the MS. reports of Scrope's eyres, 3-4 Edward III.
For the reign of Edward II, I have enumerated the total number of speeches by Shareshull and Shardelow from the time that Shareshull began to plead. For the reign of Edward III, I have not tried to count the total number of speeches but merely to list, for a given action, the variety of abbreviations used and their probable extensions, and to make clear whether either Shareshull or Shardelow or both were arguing or were mentioned; and if both, to show whether they can be differentiated. For the eyres I have compiled no figures, but have noted the general trend of usage.
Brief summaries of the arithmetical results of this investigation have been given in chapter VII, with an emphatic warning as to their exceedingly tentative character. Many uncertainties can be settled only by new editions of the year books for which there is an imperative need. It is peculiarly unfortunate for my purpose that the Selden Society volumes for Edward II have not yet reached the date at which Shareshull began to plead, and that the Rolls Series volumes, admirably edited though they are, contain startling errors as to the identity of these baffling judges.
It has not been easy to decide how much of the raw material for my summaries was worth printing in full. With considerable hesitation I have come to the conclusion, for the reasons given below, that detailed lists based on the following sources should not be printed, even when compiled:
(1) The MS. reports of Scrope's eyres. Neither Shareshull nor Shardelow appeared in the eyres in Derbyshire or Nottinghamshire. In Northamptonshire, Sch. preponderantly, Schar. frequently, Schs. once, all refer to Shareshull; Sad is usual for Sadington, Scard., occasionally Schard., for Scardeburgh. In Bedfordshire, Schars.
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- The Place in Legal History of Sir William ShareshullChief Justice of the King's Bench 1350–1361, pp. 205 - 234Publisher: Cambridge University PressPrint publication year: 2013