Common Peace by Cynthia B. Herrup
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Common Peace
By Cynthia B. Herrup

The Common Peace

Participation and the Criminal Law in Seventeenth-century England

By (author) See other recent books by Cynthia B. Herrup
Series edited by Anthony Fletcher See other recent books by Anthony Fletcher See other recent books by John Guy
Format: Paperback

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Common Peace by Cynthia B. Herrup

Book Description

The Common Peace traces the attitudes behind the enforcement of the criminal law in early modern England. Focusing on five stages in prosecution (arrest, bail, indictment, conviction and sentencing), the book uses a variety of types of sources - court records, biographical information, state papers, legal commentaries, popular and didactic literature - to reconstruct who actually enforced the criminal law and what values they brought to its enforcement. A close study of the courts in eastern Sussex between 1592 and 1640 allows Dr Herrup to show that an amorphous collection of modest property holders participated actively in the legal process. These yeomen and husbandmen who appeared as victims, constables, witnesses and jurors were as important to the credibility of the law as were the justices and judges. The uses of the law embodied the ideas of these middling men about not only law and order but also religion and good government. By arguing that legal administration was part of the routine agenda of obligation for middling property holders, Dr Herrup shows how the expectations produced by legal activities are important for understanding the decades immediately before the outbreak of the English Civil War. As the first book to use early seventeenth-century legal records outside of Essex, The Common Peace adopts an explicitly comparative framework, attempting to trace the ways that social conditions influenced legal process as well as law enforcement in various counties. By blending social history, legal history and political history, this volume offers a complement to more conventional studies of legal records and of local government.

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Book Details

ISBN: 9780521375870
ISBN-10: 0521375878
Format: Paperback
(228mm x 152mm x 15mm)
Pages: 252
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 25-Aug-1989
Country of Publication: United Kingdom

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Books By Author Cynthia B. Herrup

House in Gross Disorder by Cynthia B. Herrup House in Gross Disorder, Paperback (February 2001)

This work offers an interpretation of the case of the second Earl of Castlehaven, who was convicted of abetting the rape of his wife and of committing sodomy with his servants. He also stood accused of inverting the natural order of his household by revelling in such intemperate passions.

» View all books by Cynthia B. Herrup

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