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

From Privileges to Rights connects the changing fortunes of tradesmen in early New York to the emergence of a conception of subjective rights that accompanied the transition to a republican and liberal order in eighteenth-century America. Tradesmen in New Amsterdam occupied a distinct social position and, with varying levels of success, secured privileges such as a reasonable reward and the exclusion of strangers from their commerce. The struggle to maintain these privileges figured in the transition to English rule as well as Leisler's Rebellion. Using hitherto unexamined records from the New York City Mayor's Court, Simon Middleton also demonstrates that, rather than merely mastering skilled crafts in workshops, artisans participated in whatever enterprises and markets promised profits with a minimum of risk. Bakers, butchers, and carpenters competed in a bustling urban economy knit together by credit that connected their fortunes to the Atlantic trade. In the early eighteenth century, political and legal changes diminished earlier social distinctions and the grounds for privileges, while an increasing reliance on slave labor stigmatized menial toil. When an economic and a constitutional crisis prompted the importation of radical English republican ideas, artisans were recast artisans as virtuous male property owners whose consent was essential for legitimate government. In this way, an artisanal subject emerged that provided a constituency for the development of a populist and egalitarian republican political culture in New York City.

Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.

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.

Originally published between 1910 and 1991 the volumes in this set cover a relatively big subject, especially in the UK and in the area of Early Modern History. They: Provide coherent introductions to a complex period, with maps in certain volumes adding lucidity Include broad coverage of social, political and judicial history Cover lesser known battles right through from 1639 to 1660 Include letters from private collections between Charles I and Royalist commanders and exiles.

Comparative legal history is generally understood to involve the comparison of legal systems in different countries. This is an experiment in a different kind of comparison. The legal world of the first Elizabethans is separated from that of today by nearly half a millennium. But the past is not a wholly different country. The common law is still, in an organic sense, the same common law as it was in Tudor times and Parliament is legally the same Parliament. The concerns of Tudor lawyers turn out to resonate with those of the present and this book concentrates on three of them: access to justice, in terms of both cost and public awareness; the respective roles of common law and legislation; and the means of protecting the rule of law through the courts. Central to the story is the development of judicial review in the time of Elizabeth I.

Here, Bailey shows that the early modern theatre, itself dependent on debt bonds, was uniquely positioned to stage the complex ethical issues raised by a system of forfeiture that registered as a bodily event.

This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. For historians of early modern England, turning to legal archives and learning more about legal procedure has seemed increasingly relevant to the project of understanding familial and social relations as well as political institutions, state formation, and economic change. Literary scholars and intellectual historians have also shown how classical forensic rhetoric formed the basis both of the humanist teaching of literary composition (poetry and drama) and of new legal epistemologies of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. This Handbook brings historians, literary scholars, and legal historians together to build on and challenge these and similar lines of inquiry. Chapters in the Handbook consider the following topics in a variety of combinations: forensic rhetoric, poetics and evidence; humanist and legal learning; political and professional identities at the Inns of Court; poetry, drama, and visual culture; local governance and legal reform; equity, conscience, and religious law; legal transformations of social and affective relations (property, marriage, witchcraft, contract, corporate personhood); authorial liability (libel, censorship, press regulation); rhetorics of liberty, slavery, torture, and due process; nation, sovereignty, and international law (the British archipelago, colonialism, empire).

The administration of the law by the medieval and early modern city of London.

An interdisciplinary analysis of the history and literature of the land in early modern England.