Description
Book SynopsisStudents 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.
Trade Review'Interest never flags in this mammoth survey of the criminal justice system in England... an accessible and readable survey of a "transitional" era in which many major changes to the criminal justice system between 1485 and 1603 were "spontaneous".'-- Nicholas Goodman, Law Society Gazette; 'Many books about history simply present the bare facts. What is notable about this work is that though we are given an account of the legal and social processes, they are usually followed by examples, often entertaining, of their application. It makes the work highly readable. It is a weighty tome, but both enlightening and enjoyable.'-- Gordon Cropper, The Monitor.
Table of ContentsPART 1 - PRELIMINARY MATTERS; Introduction; Setting the Scene; The Quest for Order; PART 2 - ENTERING THE CRIMINAL-JUSTICE SYSTEM; Policing; The Justices of the Peace; The Coroner and his Inquest; Entering the Criminal-Justice System; PART 3 - PROSECUTION, THE COURTS, TRIAL, AND PUNISHMENT; Methods of Prosecution for Felony; The Criminal Courts; Lesser Courts; Trial on Indictment; Punishment; PART 4 - AVOIDING THE DEATH-FOR-FELONY RULE; Sanctuary and Abjuration; Down-valuing and Lesser Verdicts; Benefit of Clergy, Pregnancy, and Pardons; PART 5 - CRIME; Homicide and Violence; Infanticide and Abortion; Sexual Offences; Property Crime; General Conclusion. Frequently Used Acronyms. Bibliography. Index.
