A Suffolk shipmaster finding some driftwood, a Hertfordshire peasant cutting down a tree illegally, and a woman from Shropshire allegedly stealing some handkerchiefs: these are the kinds of ordinary incidents that form the backbone of Law in Common: Legal Cultures in Late-Medieval England, Tom Johnson's magisterial study of English legal cultures in the long fifteenth century. Whereas many legal histories tend to focus on formal judicial systems and institutions, Law in Common takes the opposite approach, instead privileging the many common people that worked and were worked by these systems. Accordingly, it presents the best of many worlds, combining the legal historian's rigorous knowledge of “the system” with a social and cultural historical curiosity for the practices and experiences of non-elites.
Johnson's is above all an emphatic and emancipatory history, echoing microhistorical desires to bring to light ordinary lives lived hundreds of years ago. Yet these lives and their local incidents are more than just anecdotal snippets. Instead, Johnson considers them some of the main vectors of legal and political change in late medieval England. Thus, if this period saw a rapid expansion of legal bureaucracies, it was also caused by forty women in early sixteenth-century Buckingham who chose to testify against one of their neighbors, thereby providing the local court with crucial information (203). And at least as important was the fact that in 1418, a woman from the vicinity of Kintbury showed such a strong attachment to her deceased husband's physical copy of a lease that she asked that the exact same copy be reused for the documentation of her own lease (256). Such legal incidents may seem like so many disconnected anecdotes, but for Johnson they constitute the fundamental building blocks of the late medieval English legal system. This leads to a very rich narrative, where the reader is treated to a diversity of individual legal experiences, without, however, losing sight of the broader impact these and many similar incidents had on legal and political structures.
The structure of Law in Common is built around this exchange between the structural and the incidental, between institutional changes and individual experiences. In the first part of the book, Johnson distinguishes four types of legal culture in fifteenth-century England: rural, urban, maritime, and Forest. Rather than following purely formal institutional separations, this distinction is based on the manifold ways people engaged with the law in different types of localities within the country. Thus, an inhabitant of a mid-sized town like Hereford, where numerous secular and ecclesiastical legal institutions clustered, had a meaningfully different experience of the law than did someone who dwelled in the countryside, who might have to undertake a short journey to reach the nearest court. In this first part of the book, then, the local socioeconomic and material particularities of living in the countryside, a town, a maritime environment, or in one of the royal hunting reserves (“Forests”) can be seen to have shaped people's engagement with the law to a much higher degree than any country-wide legal program.
To counterbalance the diversification of experiences of the first part, Johnson subsequently introduces four general developments that spanned these different localities. While taking a more generalizing approach, Johnson bases these four developments again on concrete aspects of people's day-to-day interactions with the law. The section opens with a chapter on the ways in which people's legal dealings were grounded in the material world they inhabited, from conflicts over boundary stones to the legal implications of shifting coastlines. This is followed by chapters on the local and multiauthored production of legal knowledge, the gradual yet far from uniform vernacularization of legal language, and finally an assessment of the nature of the documentary revolution of the long fifteenth century. All chapters make clear self-contained arguments, engaging debates that often stretch beyond the confines of traditional legal history, while all the same contributing to the broader goal of showing common people's intricate engagement with and shaping of the law. By showing how broad developments were fundamentally embodied in people's daily lives, Johnson not only convincingly draws together the general and the particular, but also opens up the way for meaningful comparisons with legal systems beyond England.
With this book, Johnson challenges us to rethink our conception of premodern legal systems, to think less top-down, less all-encompassing. He asks us to acknowledge the agency of so many more people in shaping these systems, yet without denying the structural force that such systems in their turn could bring to bear on individual lives. All this is grounded in an impressively broad reading of sources, historiography, and theory. While understandably not all of medieval England is treated in equal measure, the primary source base is sufficiently broad and diverse to justify some of the more general conclusions drawn from it. No book is perfect. The distinction that Johnson suggests in the first part of Law in Common between a rural legal culture focused on the creation of community and an urban legal culture mainly concerned with the ordering of physical space can be felt to gloss over the equally crucial importance of discourses of community in many late medieval urban societies. Yet such minor points, springing mainly from a choice of emphasis in an immensely wide-ranging study, do little to undermine the inherent strength of the overarching arguments that Johnson sets out in his book.
