Law, Lawyers, and Litigants in Early Modern England


Book Description

Written in memory of Christopher W. Brooks, this collection of essays by prominent historians examines and builds on the scholarly legacy of the leading historian of early modern English law, society and politics. Brooks's work put legal culture and legal consciousness at the centre of our understanding of seventeenth and eighteenth century English society, and the English common law tradition. The essays presented here develop a number of strands found in his work, and take them in new directions. They shed new light on central debates in the history of the common law, exploring how law was understood and used by different communities in early modern England, and examining how and why people engaged (or did not engage) in litigation. The volume also contains two hitherto unpublished essays by Christopher Brooks, which consider the relationship between law and religion and between law and political revolution in seventeenth century England.




Law, Lawyers and Litigants in Early Modern England


Book Description

Explores the impact of legal ideas and legal consciousness on early modern English society and culture.




Pettyfoggers and Vipers of the Commonwealth


Book Description

This work charts the huge growth of the lower branches of the legal profession in sixteenth-century England..




Law, Politics and Society in Early Modern England


Book Description

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.




Lawyers at Play


Book Description

Many early modern poets and playwrights were also members of the legal societies the Inns of Court and these authors shaped the development of key genres of the English Renaissance, especially lyric poetry, dramatic tragedy, satire, and masque. But how did the Inns come to be literary centers in the first place, and why were they especially vibrant at particular times? Early modernists have long understood that urban setting and institutional environment were central to this phenomenon: in the vibrant world of London, educated men with time on their hands turned to literary pastimes for something to do. Lawyers at Play proposes an additional, more essential dynamic: the literary culture of the Inns intensified in decades of profound transformation in the legal profession. Focusing on the first decade of Elizabeth's reign, the period when a large literary network first developed around the societies, this study demonstrates that the literary surge at this time developed out of and responded to a period of rapid expansion in the legal profession and in the career prospects of members. Poetry, translation, and performance were recreational pastimes; however, these activities also defined and elevated the status of inns-of-court men as qualified, learned, and ethical participants in England's "legal magistracy": those lawyers, judges, justices of the peace, civic office holders, town recorders, and gentleman landholders who managed and administered local and national governance of England. Lawyers at Play maps the literary terrain of a formative but understudied period in the English Renaissance, but it also provides the foundation for an argument that goes beyond the 1560s to provide a framework for understanding the connections between the literary and legal cultures of the Inns over the whole of the early modern period.




The Madman and the Churchrobber


Book Description

"This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century. Employing a rich cache of archival material, Jason Peacey traces legal contestation over time and through a range of different courts, as well as in Parliament and the public domain, and contends that a microhistorical approach makes it possible to shed valuable light upon the legal and political culture of early modern England, not least by comprehending how certain disputes became protracted and increasingly bitter, and why they fascinated contemporaries. This involves recognising the dynamic of litigation, in terms of how disputes changed over time, and how those involved in myriad lawsuits found legal reasons for prolonging contestation. It also involves exploring litigants' strategies and practices, as well as competing claims about the way in which adversaries behaved, and incompatible expectations of the legal system. Finally, it involves teasing out the structural issues in play, in terms of the social, cultural, and ideological identities of successive generations. Ultimately, this dispute is employed to address important historiographical debates surrounding the nature of civil litigation in early modern England, and to provide new ways of appreciating the nature, severity, and visibility of political and religious conflict in the decades before and after the English Revolution"--




Law, Politics and Society in Early Modern England


Book Description

"Law, like religion, provided one of the principal discourses through which early modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later Middle Ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law." --Book Jacket.




Devising, Dying and Dispute


Book Description

Focusing on property law as reflected in cases of disputed wills, this book provides a fascinating glimpse into English seventeenth-century society. As well as charting shifting conceptions of property and inheritance law, accounts taken from the numerous cases quoted offer a poignant reminder of how the law had to cope with difficult situations affecting real lives.




Women, Property, and the Letters of the Law in Early Modern England


Book Description

Women, Property, and the Letters of the Law in Early Modern England turns to these points of departure for the study of women's legal status and property relationships in the early modern period.




Financial Failure in Early Modern England


Book Description

Analyses how bankruptcy was litigated within the court to gain a more nuanced understanding of early modern bankruptcy. This book examines cases involving bankruptcy brought before the court of Chancery - a court of equity which dealt with civil disputes - between 1674 and 1750. It uncovers the numerous meanings attached to financial failure in early modern England. In its simplest sense, personal financial failure occurred when an individual defaulted on their debts. Because they had not fulfilled their responsibilities and behaved in a trustworthy and credible manner, bankrupt individuals were seen to be immoral. And yet bankruptcy was linked to wider notions of credibility, trustworthiness, and morality. Financial failure was described and debated not just in economic terms, but came to rely on a combination of social, community, and religious values. Bankruptcy cases involved an interconnected network of indebtedness, often including relatives, neighbours, and traders from the local community. As such, conceptions of failure implicated individuals beyond just the bankrupt. As people began to look back and appraise the actions and words of those involved in trade, a far wider network of creditors, debtors, and middlemen were blamed for the knock-on effect of an individual failure. Ultimately, the book investigates the negative aspects of early modern trade networks and the active role of the court when such networks broke down, providing unique access to contemporary understandings of what was considered right and wrong, honourable and deceitful, and criminal and compassionate within the moral landscape of debt recovery during the seventeenth and eighteenth centuries.