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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.

Copyright and intellectual property issues are intricately woven into any written work, but the precise nature of this relationship has plagued authors, printers, and booksellers for centuries. What does it mean to own the products of our intellectual labors in our own time? And what was the meaning three centuries ago, when copyright laws were first put into place? Jody Greene argues that while \"owning\" one's book is critical to the development of modern notions of authorship, studies of authorial property rights have in fact lost sight of the most critical valence of owning in early modern England: that is, owning up to or taking responsibility for one's work. Greene puts forth what she calls a \"paranoid theory of copyright,\" under which literary property rights are a means of state regulation to assign responsibility for printed works, to identify one person who will step forward and claim the work in exchange for the right to reap the benefits of the literary marketplace. Blending research from legal, historical, and literary archives and drawing on the troubled authorial careers of figures such as Roger L'Estrange, Elizabeth Cellier, Daniel Defoe, John Gay, and Alexander Pope,The Trouble with Ownershiplooks to the literary culture of early modern England to reveal the intimate relationship between proprietary authorship and authorial liability.

Until recently, women featured in the historiography of the landed class in Ireland either as bearers of assets to advantageous matches or as potential drains on family estates. Drawing on a range of sources from the papers of landed families, this book provides fresh insights into the place of these women. Looking at women’s experiences of property and power in twenty landed families between 1750 and 1850, and outlining the statutory developments that impacted upon the distribution of family property in Ireland, Wilson considers how women were provided for and examines the legal, social and familial factors that influenced the experience elite women had of property. Individual examples demonstrate the similarities and differences between women in this class, and illustrate how the experience women had of property in this period was more complex than their legal and social status might suggest. This book will appeal to scholars in the fields of Irish history, gender and women’s studies.

This paper shows that the Glorious Revolution of 1688 broadened access to Parliament for families needing rights to sell land in so-called estate bills. Bills were on average 14–27 percentage points more likely to be for gentry families and not aristocratic families in legislative sessions after the Revolution compared to sessions before. Regression and archival evidence suggest that parliamentary certainty was primarily responsible for improved access by altering families’ entry calculus and brokers’ recruitment of new business. More broadly, the paper provides insight into the ways in which political institutions affect access to and the provision of property rights.

Secure property rights are usually considered to be essential for sustained economic development. In England, it is debated whether property rights have been secure since the medieval period or if they were only established after the Glorious Revolution. In this context, the paper examines the Court of Wards, which from 1540 to 1646 administered the Crown’s right to take custody of children and their lands when these were held by feudal-military tenures. The paper shows that wardship was a common occurrence, its exactions arbitrary but often heavy, and that it reduced the value of lands held by these tenures.

Censorship profoundly affected early modern writing. Censorship and Conflict in Seventeenth-Century England offers a detailed picture of early modern censorship and investigates the pressures that censorship exerted on seventeenth-century authors, printers, and publishers. In the 1600s, Britain witnessed a civil war, the judicial execution of a king, the restoration of his son, and an unremitting struggle among crown, parliament, and people for sovereignty and the right to define \"liberty and property.\" This battle, sometimes subtle, sometimes bloody, entailed a struggle for the control of language and representation. Robertson offers a richly detailed study of this \"censorship contest\" and of the craft that writers employed to outflank the licensers. He argues that for most parties, victory, not diplomacy or consensus, was the ultimate goal. This book differs from most recent works in analyzing both the mechanics of early modern censorship and the poetics that the licensing system produced-the forms and pressures of self-censorship. Among the issues that Robertson addresses in this book are the workings of the licensing machinery, the designs of art and obliquity under a regime of censorship, and the involutions of authorship attendant on anonymity.

The English Parliament’s struggle for supremacy against monarchical dictatorship during the Civil War (1642–1648) was crucial for the establishment of representative government, yet its lessons continue to be debated. I exploit novel data on individual MPs drawn from 1,842 biographies to show that the conflict was over overseas interests and other factors over which the executive enjoyed broad constitutional discretion, rather than over domestic property rights. I further exploit the coincidence of individual MPs’ ability to sign legally binding share contracts with novel share offerings by overseas companies to measure the effect of overseas share investment on their political attitudes. I show that overseas shareholding pushed moderates lacking prior mercantile interests to support reform. I interpret the effect of financial assetholding as allowing new investors to exploit emerging economic opportunities overseas, aligning their interests with traders. By consolidating a broad parliamentary majority that favored reform, the introduction of financial assets also broadened support for the institutionalization of parliamentary supremacy over dictatorial rule.

The transformation in prevailing conceptualizations of property and the drive to render land as fungible as possible, the desire to commoditize land that had been pursued in earnest since the seventeenth century in England, was realized in the space of the settler colony decades before it would be implemented in the United Kingdom. The author explores how the commodity logic of abstraction that subtended new property logics during this time, reflected in the Torrens system of title by registration, was accompanied by a racial logic of abstraction that rendered the land of the Native, or Savage vacant and ripe for appropriation. By way of conclusion, the author speculates on the ways in which the imposition of English property law in the settler colony influenced the development of modern property law in England.

We study the emergence of urban self-governance in the late medieval period. We focus on England after the Norman Conquest of 1066, building a novel comprehensive dataset of 554 medieval towns. During the Commercial Revolution (twelfth to thirteenth centuries), many merchant towns obtained Farm Grants: the right of self-governed tax collection and law enforcement. Self-governance, in turn, was a stepping stone for parliamentary representation: Farm Grant towns were much more likely to be summoned directly to the medieval English Parliament than otherwise similar towns. We also show that self-governed towns strengthened the role of Parliament and shaped national institutions over the subsequent centuries.

Douglass North and Barry Weingast's seminal account of the Glorious Revolution argued that specific constitutional reforms enhanced the credibility of the English Crown, leading to much stronger public finances. Critics have argued that the most important reforms occurred incrementally before the Revolution; and that neither interest rates on sovereign debt nor enforcement of property rights improved sharply after the Revolution. In this article, I identify a different set of constitutional reforms, explain why precedents for these reforms did not lessen their revolutionary impact, and show that the evidence, properly evaluated, supports a view of the Revolution as a watershed.