Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

This is an examination of how early modern poets attempt to capture the experience of being in the grip of conscience.

Conscience in Early Modern English Literature describes how poetry, theology, and politics intersect in the early modern conscience. In the wake of the Reformation, theologians attempt to understand how the faculty works, poets attempt to capture the experience of being in its grip, and revolutionaries attempt to assert its authority for political action. The result, Abraham Stoll argues, is a dynamic scene of conscience in England, thick with the energies of salvation and subjectivity, and influential in the public sphere of Civil War politics. Stoll explores how Shakespeare, Spenser, Herbert, and Milton stage the inward experience of conscience. He links these poetic scenes to Luther, Calvin, and English Reformation theology. He also demonstrates how they shape the public discourses of conscience in such places as the toleration debates, among Levellers, and in the prose of Hobbes and Milton. In the literature of the early modern conscience, Protestant subjectivity evolves toward the political subject of modern liberalism.

Explores the publication and reception of authority in early modern England.

William Perkins and the Making of Protestant England presents a new interpretation of the theology and historical significance of William Perkins (1558-1602), a prominent Cambridge scholar and teacher during the reign of Queen Elizabeth I. Though often described as a Puritan, Perkins was in fact a prominent and effective apologist for the established church whose contributions to English religious thought had an immense influence on an English Protestant culture that endured well into modern times. The English Reformation is shown to be a part of the European-wide Reformation, and Perkins himself a leading Reformed theologian. In A Reformed Catholike (1597), Perkins distinguished the theology upheld in the English Church from that of the Roman Catholic Church, while at the same time showing the considerable extent to which the two churches shared common concerns. His books dealt extensively with the nature of salvation and the need to follow a moral way of life. Perkins wrote pioneering works on conscience and 'practical divinity'. In The Arte of Prophecying (1607), he provided preachers with a guidebook to the study of the Bible and their oral presentation of its teachings. He dealt boldly and in down-to-earth terms with the need to achieve social justice in an era of severe economic distress. Perkins is shown to have been instrumental to the making of a Protestant England, and to have contributed significantly to the development of the religious culture not only of Britain but also of a broad range of countries on the Continent.

The essays in Performing Maternity in Early Modern England explore maternity's textual and cultural representation, performative aspects and practical consequences from 1540-1690. They emphasize that the embodied, repeated and public nature of maternity defines it as inherently performative and ultimately central to the production of gender identity in the period.

The narrative presented here is a rare, detailed autobiographical account of one woman's experience of mental disorder in seventeenth-century England. Katharine Hodgkin presents in modern typography an annotated edition of the author's manuscript of this unusual and compelling text. Also included are prefaces to the narrative written by Fitzherbert and others, and letters written shortly after her mental crisis, which develop her account of the episode.

How were cultural, political, and social identities formed in the early modern period? How were they maintained? What happened when they were contested? What meanings did “community” have? This path-breaking book looks at how individuals were bound into communities by religious, professional, and social networks; the importance of place--ranging from the Parish to communities of crime; and the value of rhetoric in generating community--from the King’s English to the use of “public” as a rhetorical community. The essays offer an original, comparative, and thematic approach to the many ways in which people utilized communication, space, and symbols to constitute communities in early modern England.