1699-1750


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Making Habeas Work


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A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.




War, State, and Society in Mid-Eighteenth-Century Britain and Ireland


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The middle of the 18th century was a period of continuous warfare as Britain, and therefore Ireland, was involved in conflict with Spain and France. This text explores the impact of these wars and the consequences for the economy, society, politics, religious divisions, and attitudes to empire.




The First Century of Welfare


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The first major regional study of poverty and its relief in the seventeenth century: the first century of welfare. The English 'Old Poor Law' was the first national system of tax-funded social welfare in the world. It provided a safety net for hundreds of thousands of paupers at a time of very limited national wealth and productivity. The First Century of Welfare, which focusses on the poor, but developing, county of Lancashire, provides the first major regional study of poverty and its relief in the seventeenth century. Drawing on thousands of individual petitions for poor relief, presented by paupers themselves to magistrates, it peers into the social and economic world of England's marginal people. Taken together, these records present a vivid and sobering picture of the daily lives and struggles of the poor. We can see how their family life, their relations with their kin and their neighbours, and the dictates of contemporary gender norms conditioned their lives. We can also see how they experienced illness and physical and mental disability; and the ways in which real people's lives could be devastated by dearth, trade depression, and the destruction of the Civil Wars. But the picture is not just one of poor folk tossed by the tidesof fortune. It is also one of agency: about the strategies of economic survival the poor adopted, particularly in the context of a developing industrial economy, of the support they gained from their relatives and neighbours, andof their willingness to engage with England's developing system of social welfare to ensure that they and their families did not go hungry. In this book, an intensely human picture surfaces of what it was like to experience poverty at a time when the seeds of state social welfare were being planted. JONATHAN HEALEY is University Lecturer in English Local and Social History and Fellow of Kellogg College, University of Oxford.




Banishment in the Early Atlantic World


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Banishing troublesome and deviant people from society was common in the early modern period. Many European countries removed their paupers, convicted criminals, rebels and religious dissidents to remote communities or to their colonies where they could be simultaneously punished and, perhaps, contained and reformed. Under British rule, poor Irish, Scottish Jacobites, English criminals, Quakers, gypsies, Native Americans, the Acadian French in Canada, rebellious African slaves, or vulnerable minorities like the Jews of St. Eustatius, were among those expelled and banished to another place. This book explores the legal and political development of this forced migration, focusing on the British Atlantic world between 1600 and 1800. The territories under British rule were not uniform in their policies, and not all practices were driven by instructions from London, or based on a clear legal framework. Using case studies of legal and political strategies from the Atlantic world, and drawing on accounts of collective experiences and individual narratives, the authors explore why victims were chosen for banishment, how they were transported and the impact on their lives. The different contexts of such banishment – internal colonialism ethnic and religious prejudice, suppression of religious or political dissent, or the savageries of war in Europe or the colonies – are examined to establish to what extent displacement, exile and removal were fundamental to the early British Empire.







Biblica


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