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Women, Property, and the Letters of the Law in Early Modern England
Women, Property, and the Letters of the Law in Early Modern Englandexamines the competing narratives of property told by and about women in the early modern period. Through letters, legal treatises, case law, wills, and works of literature, the contributors explore women's complex roles as subjects and agents in commercial and domestic economies, and as objects shaped by a network of social and legal relationships. By constructing conversations across the disciplinary boundaries of legal and social history, sociology and literary criticism, the collection explores a diverse range of women's property relationships.
Recent research has revealed fissures in our knowledge about women's property relationships within a regime characterized by competing jurisdictions, diverse systems of tenure, and multiple concepts of property.Women, Property, and the Letters of the Law in Early Modern Englandturns to these points of departure for the study of women's legal status and property relationships in the early modern period. This interdisciplinary analysis of women and property is written in an accessible manner and will become a valuable resource for scholars and students of Renaissance, Restoration and eighteenth-century literature, early modern social and legal history, and women's studies.
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The Use of Censorship in the Enlightenment
Taking an interdisciplinary approach to the topic, this volume studies the role censorship played in the intellectual culture of the seventeenth and eighteenth centuries, how it was implemented, and how it affected the development philosophy and literary writing.
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Censorship and Cultural Sensibility
In this study of the reciprocities binding religion, politics, law, and literature, Debora Shuger offers a profoundly new history of early modern English censorship, one that bears centrally on issues still current: the rhetoric of ideological extremism, the use of defamation to ruin political opponents, the grounding of law in theological ethics, and the terrible fragility of public spheres. Starting from the question of why no one prior to the mid-1640s argued for free speech or a free press per se,Censorship and Cultural Sensibilitysurveys the texts against which Tudor-Stuart censorship aimed its biggest guns, which turned out not to be principled dissent but libels, conspiracy fantasies, and hate speech. The book explores the laws that attempted to suppress such material, the cultural values that underwrote this regulation, and, finally, the very different framework of assumptions whose gradual adoption rendered censorship illegitimate. Virtually all substantive law on language concerned defamation, regulating what one could say about other people. Hence Tudor-Stuart laws extended protection only to the person hurt by another's words, never to their speaker. In treating transgressive language as akin to battery, English law differed fundamentally from papal censorship, which construed its target as heresy. There were thus two models of censorship operative in the early modern period, both premised on religious norms, but one concerned primarily with false accusation and libel, the other with false belief and immorality. Shuger investigates the first of these models-the dominant English one-tracing its complex origins in the Roman law ofiniuriathrough medieval theological ethics and Continental jurisprudence to its continuities and discontinuities with current U.S. law. In so doing, she enables her reader to grasp how in certain contexts censorship could be understood as safeguarding both charitable community and personal dignitary rights.
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Banished
A community is defined not only by inclusion but also by exclusion. Seventeenth-century New England Puritans, themselves exiled from one society, ruthlessly invoked the law of banishment from another: over time, hundreds of people were forcibly excluded from this developing but sparsely settled colony. Nan Goodman suggests that the methods of banishment rivaled-even overpowered-contractual and constitutional methods of inclusion as the means of defining people and place. The law and rhetoric that enacted the exclusion of certain parties, she contends, had the inverse effect of strengthening the connections and collective identity of those that remained.Banishedinvestigates the practices of social exclusion and its implications through the lens of the period's common law. For Goodman, common law is a site of negotiation where the concepts of community and territory are more fluid and elastic than has previously been assumed for Puritan society. Her legal history brings fresh insight to well-known as well as more obscure banishment cases, including those of Anne Hutchinson, Roger Williams, Thomas Morton, the Quakers, and the Indians banished to Deer Island during King Philip's War. Many of these cases were driven less by the religious violations that may have triggered them than by the establishment of rules for membership in a civil society. Law provided a language for the Puritans to know and say who they were-and who they were not.Banishedreveals the Puritans' previously neglected investment in the legal rhetoric that continues to shape our understanding of borders, boundaries, and social exclusion.
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Ways of Writing
Writers abounded in seventeenth-century New England. From the moment of colonization and constantly thereafter, hundreds of people set pen to paper in the course of their lives, some to write letters that others recopied, some to compose sermons as part of their life work as ministers, dozens to attempt verse, and many more to narrate a remarkable experience, provide written testimony to a civil court, participate in a controversy, or keep some sort of records-and of these everyday forms of writing there was no limit.
Every colonial writer knew of two different modes of publication, each with its distinctive benefits and limitations. One was to entrust a manuscript to a printer who would set type and impose it on sheets of paper that were bound up into a book. The other was to make handwritten copies or have others make copies, possibly unauthorized. Among the colonists, the terms \"publishing\" and \"book\" referred to both of these technologies.Ways of Writingis about the making of texts in the seventeenth century, whether they were fashioned into printed books or circulated in handwritten form. The latter mode of publishing was remarkably common, yet it is much less understood or acknowledged than transmission in print. Indeed, certain writers, including famous ones such as John Winthrop and William Bradford, employed scribal publication almost exclusively; the Antimonian controversy of 1636-38 was carried out by this means until manuscripts relating to the struggle began to be printed in England.
Examining printed texts as well as those that were handwritten, David D. Hall explores the practices associated with anonymity, dedications, prefaces, errata, and the like. He also surveys the meaning of authority and authenticity, demonstrating how so many texts were prepared by intermediaries, not by authors, thus contributing to the history of \"social\" or collaborative authorship. Finally, he considers the political contexts that affected the transmission and publication of many texts, revealing that a space for dissent and criticism was already present in the colonies by the 1640s, a space exploited mainly by scribally published texts.
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Theaters of Pardoning
From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. InTheaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic \"theaters of pardoning\" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty.
Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford'sThe Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the \"Act of Oblivion,\" for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.
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