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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.
Tudor [Dynasty] --- Arts and Humanities --- History --- Power (Social sciences) --- Prerogative, Royal --- Monarchy --- Pardon --- Criminal justice, Administration of --- Executive power --- Amnesty --- Clemency --- Forgiveness --- Kingdom (Monarchy) --- Political science --- Royalists --- Royal prerogative --- Divine right of kings --- Regalia --- Empowerment (Social sciences) --- Political power --- Exchange theory (Sociology) --- Social sciences --- Sociology --- Consensus (Social sciences) --- Law and legislation --- Great Britain --- Politics and government
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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. 0'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,0appeals 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. 0'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.'
Homicide --- Homicide. --- Mord. --- History --- England. --- Femicide --- Offenses against the person --- Violent deaths --- XVIe-XVIIe s. -- 1501-1700 --- Angleterre
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An extraordinary court with late medieval roots in the activities of the king's council, Star Chamber came into its own over the sixteenth and early seventeenth centuries, before being abolished in 1641 by members of parliament for what they deemed egregious abuses of royal power. Before its demise, the court heard a wide range of disputes in cases framed as fraud, libel, riot, and more. In so doing, it produced records of a sort that make its archive invaluable to many researchers today for insights into both the ordinary and extraordinary. The chapters gathered here explore what we can learn about the history of an age through both the practices of its courts and the disputes of the people who came before them. With Star Chamber, we view a court that came of age in an era of social, legal, religious, and political transformation, and one that left an exceptional wealth of documentation that will repay further study.
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An extraordinary court with late medieval roots in the activities of the king's council, Star Chamber came into its own over the sixteenth and early seventeenth centuries, before being abolished in 1641 by members of parliament for what they deemed egregious abuses of royal power. Before its demise, the court heard a wide range of disputes in cases framed as fraud, libel, riot, and more. In so doing, it produced records of a sort that make its archive invaluable to many researchers today for insights into both the ordinary and extraordinary. The chapters gathered here explore what we can learn about the history of an age through both the practices of its courts and the disputes of the people who came before them. With Star Chamber, we view a court that came of age in an era of social, legal, religious, and political transformation, and one that left an exceptional wealth of documentation that will repay further study.
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An extraordinary court with late medieval roots in the activities of the king's council, Star Chamber came into its own over the sixteenth and early seventeenth centuries, before being abolished in 1641 by members of parliament for what they deemed egregious abuses of royal power. Before its demise, the court heard a wide range of disputes in cases framed as fraud, libel, riot, and more. In so doing, it produced records of a sort that make its archive invaluable to many researchers today for insights into both the ordinary and extraordinary. The chapters gathered here explore what we can learn about the history of an age through both the practices of its courts and the disputes of the people who came before them. With Star Chamber, we view a court that came of age in an era of social, legal, religious, and political transformation, and one that left an exceptional wealth of documentation that will repay further study.
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Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).
Married women --- Married people --- Women --- Wives --- Legal status, laws, etc. --- History.
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An extraordinary court with late medieval roots in the activities of the king’s council, Star Chamber came into its own over the sixteenth and early seventeenth centuries, before being abolished in 1641 by members of parliament for what they deemed egregious abuses of royal power. Before its demise, the court heard a wide range of disputes in cases framed as fraud, libel, riot, and more. In so doing, it produced records of a sort that make its archive invaluable to many researchers today for insights into both the ordinary and extraordinary. The chapters gathered here explore what we can learn about the history of an age through both the practices of its courts and the disputes of the people who came before them. With Star Chamber, we view a court that came of age in an era of social, legal, religious, and political transformation, and one that left an exceptional wealth of documentation that will repay further study.
Legal history --- Tudor Britain --- legal history --- courts --- medieval marriage --- medieval women --- rape --- consent --- medieval libel --- Sir Edward Coke --- medieval judge --- Jacobean law --- popular legalism --- marine insurance --- fraud --- London history --- Westminster --- England. --- England and Wales. --- Great Britain --- History --- Court of Star Chamber (England) --- Great Britain.
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