Mercy and Authority in the Tudor State


Book Description

Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity. Contemporaries deemed mercy as both a prerogative and duty of the ruler. Public expectations of mercy imposed restraints on the sovereign's exercise of power. Yet the discretionary uses of punishment and mercy worked in tandem to mediate social relations of power in ways that most often favoured the growth of the state.




Penal Practice and Culture, 1500–1900


Book Description

The English were punished in many different ways in the five centuries after 1500. This collection stretches from whipping to the gallows, and from the first houses of correction to penitentiaries. Punishment provides a striking way to examine the development of culture and society through time. These studies of penal practice explore violence, cruelty and shame, while offering challenging new perspectives on the timing of the decline of public punishment, the rise of imprisonment and reforms of the capital code.




Crimen Exceptum


Book Description

As the author notes, ‘The early-modern European witch-hunts were neither orchestrated massacres nor spontaneous pogroms. Alleged witches were not rounded up at night and summarily killed extra-judicially or lynched as the victims of mob justice. They were executed after trial and conviction with full legal process’. In this concise but highly-informed account of the persecution of witches Gregory Durston demonstrates what a largely ordered process was the singling-out or hunting-down of perceived offenders. How a mix of superstition, fear, belief and ready explanations for ailments, misfortune or disasters caused law, politics and religion to indulge in criminalisation and the appearance of justice. Bearing echoes of modern-day ‘othering’ and marginalisation of outsiders he shows how witchcraft became akin to treason (with its special rules), how evidentially speaking storms, sickness or coincidence might be attributed to conjuring, magic, curses and spells. All this reinforced by examples and detailed references to the law and practice through which a desired outcome was achieved. In another resonance with modern times, the author shows how decisions were often diverted into the hands of witch-hunters, witch-finders (including self-appointed Witchfinder General, Matthew Hopkins), witch-prickers and other experts as well as the quaintly titled ‘cunning-folk’ consulted by prosecutors and ‘victims’. Crimen Exceptum (crimes apart). A straightforward and authoritative guide. Shows the rise and fall of prosecutions. Backed by a wealth of learning and research. Extract ‘A range of specialist tests developed to establish that a suspect truly was a witch. These included “swimming”, “pricking” … identifying a witch’s teat, requiring her to recite the Lord’s Prayer or other well-known passage of scripture … and any positive results obtained from the various techniques, such as scratching a suspect or boiling a victim’s urine … to break a spell or to identify who had cast it.’ Review 'An excellent overall history of English witch trials replete with fascinating examples drawn from pamphlets and trial records. The book is written in fluid prose, understandable to the legal layperson. I cannot recommend Crimen Exceptum highly enough to anyone interested in the factual background to witchcraft prosecutions in England.'-- Catherine Meyrick, author of historical fiction.




Jacks, Knaves and Vagabonds


Book Description

In this welcome addition to his Crime History Series, Gregory Durston points to the lack of design and short-term expediency that typified Tudor law and order. But he also detects an emergent criminal justice system amidst royal patronage, protection, and the influence of wealthy magnates. Students of English history will have heard how benefit of clergy and the ‘neck verse’ might avoid a hanging, but what of other stratagems such as down-valuing stolen goods, cruentation, chance medley, pious perjury or John at Death (a non-existent culprit blamed by the accused and treated by juries as real); all devices used to mitigate the all-pervading death-for-felony rule. Together with other artifices deployed by courts to circumvent black-letter law the author also describes how poor, marginalised and illiterate citizens were those most likely to suffer unfairness, injustice and draconian punishment. He also describes the political intrigue and widescale corruption that were symptomatic of the era, alongside such diverse aspects as forfeiture of property, evidential ploys, the rise of the highwayman, religious persecution, witchcraft and infanticide crazes. At a time of shifting allegiances?—?and as Crown, church, judges, magistrates and officials wrestled over jurisdiction, central or local control, ‘ungodly customs’, laws of convenience or malleable definitions?—?never perhaps were facts or law so expertly engineered to justify or defend often curious outcomes. Part of Durston’s Crime History Series. Covers the entire Tudor era. Based on first-hand historical research. Fully referenced to hundreds of sources.




Mercy and British Culture, 1760-1960


Book Description

Spanning over 2 centuries, James Gregory's Mercy and British Culture, 1760 -1960 provides a wide-reaching yet detailed overview of the concept of mercy in British cultural history. While there are many histories of justice and punishment, mercy has been a neglected element despite recognition as an important feature of the 18th-century criminal code. Mercy and British Culture, 1760-1960 looks first at mercy's religious and philosophical aspects, its cultural representations and its embodiment. It then looks at large-scale mobilisation of mercy discourses in Ireland, during the French Revolution, in the British empire, and in warfare from the American war of independence to the First World War. This study concludes by examining mercy's place in a twentieth century shaped by total war, atomic bomb, and decolonisation.




Who Ruled Tudor England


Book Description

Henry VIII's wives, his watershed break with Rome, Mary's 'bloody' persecution of Protestants and Elizabeth's fearless reign have been immortalised in history books and the public consciousness. This book widens the scope of established historiography by examining the dynamics of Tudor power and assessing where power really lay. By considering the roles of the monarch, church and individuals it sheds a fascinating light on the study of government in 16th century England. Addressing different aspects of how Tudor England was governed, the twelve chapters discuss who participated in that government, and the extent of their power and governance. Paying close attention to the scholars who have shaped perceptions of major Tudor political figures, this book re-situates the dynamics of Tudor power and its historiography.




Theaters of Pardoning


Book Description

From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.




The Royal Throne of Mercy and British Culture in the Victorian Age


Book Description

In the first detailed study of its kind, James Gregory's book takes a historical approach to mercy by focusing on widespread and varied discussions about the quality, virtue or feeling of mercy in the British world during Victoria's reign. Gregory covers an impressive range of themes from the gendered discourses of 'emotional' appeal surrounding Queen Victoria to the exercise and withholding of royal mercy in the wake of colonial rebellion throughout the British empire. Against the backdrop of major events and their historical significance, a masterful synthesis of rich source material is analysed, including visual depictions (paintings and cartoons in periodicals and popular literature) and literary ones (in sermons, novels, plays and poetry). Gregory's sophisticated analysis of the multiple meanings, uses and operations of royal mercy duly emphasise its significance as a major theme in British cultural history during the 'long 19th century'. This will be essential reading for those interested in the history of mercy, the history of gender, British social and cultural history and the legacy of Queen Victoria's reign.




Mercy and Authority in the Tudor State


Book Description

Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture, and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity.




Making Murder Public


Book Description

Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'