| Description |
1 online resource (xix, 371 pages) |
| Series |
Oxford Legal History |
|
Oxford legal history series.
|
| Contents |
Cover -- Series -- The King's Felons -- Copyright -- Contents -- List of Figures -- List of Tables -- Abbreviations -- Introduction: The Big Picture -- PART I THE FOUNDATIONS -- 1. Benefit of Clergy: Common Learning -- 1. Determining Clergy -- 2. Engaging with the Ecclesiastical System -- 3. The Black Death -- 4. The Reading Test in the Fifteenth Century -- 5. Purgation and Escape -- 2. Sanctuary: Common Learning -- 1. Early Treatises -- 2. Immunity and Privilege -- 3. Sanctuary and City -- 4. Sanctuary in the Readings: Elaborating Practice -- 3. Processes and Records at the End of the Fifteenth Century -- 1. The Prosecution of Felony -- 2. The Ordinaries and their Records -- 3. Sanctuary and its Records -- PART II BUILDING A BUREAUCRACY -- 4. Benefit of Clergy in the Reign of Henry VII -- 1. The 1490 Statute and Episcopal Prisons -- 2. The Bishops and the Management of Clerks Convict -- 3. New Legal Complications: Bigamy, Repeat Offenders, Pardons -- 4. Conclusion -- 5. Sanctuary in the Reign of Henry VII -- 1. Stafford's Case -- 2. Religious Houses, Chartered and Unchartered -- 3. Parish Sanctuaries -- 4. Sanctuary and Benefit of Clergy -- 5. Conclusion -- 6. Benefit of Clergy 1509-1529 -- 1. The 1512 Statute, Standish's Case, and the Kyng Burglary -- 2. Reforming Benefit of Clergy Within the Common Law -- 3. The Bishops and the Management of Clerks Convict -- 4. Conclusion -- 7. Sanctuary 1509-1529 -- 1. Pauncefote v. Savage -- 2. Religious Houses, Chartered and Unchartered -- 3. Parish Sanctuaries and Abjuration -- 4. Conclusion -- PART III THE LIMITS OF A QUIET EVOLUTION -- 8. Sanctuary and Benefit of Clergy 1529-1536 -- 1. Sanctuary and Statute 1529-1536 -- 2. Benefit of Clergy and Statute 1532-1536 -- 3. The Bishops and the Management of Clerks Convict -- 4. Sanctuary and Benefit of Clergy in Practice 1529-1536 -- 5. The Statutes of 1536 -- 6. Conclusion -- 9. Sanctuary and Benefit of Clergy after 1537 -- 1. Sanctuary: The Dissolution of the Monasteries and Statutes, 1529-1540 -- 2. Benefit of Clergy: Statutes, Records, and Pardons 1540-1547 -- 3. Sanctuary and Benefit of Clergy in the Reign of Edward VI -- 4. Conclusion -- 10. Epilogue -- Bibliography -- Index |
| Summary |
"This book examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment, benefit of clergy, and sanctuary. Often reviled, then and now, as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. Their approach to this problem evolved over the sixty years of this study, allowing us to see not only the internal development of both law and process, but the ways in which the judicial system responded to external pressures: both ordinary pressures like the tension between local and central power and extraordinary ones like the Reformation. The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existing understanding of the system in the later part of the century"--Publisher's description |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Description based on online resource; title from home page (Oxford Academic, viewed on March 8, 2024) |
| Subject |
Punishment -- England -- History -- 16th century
|
|
Church and state -- England -- History -- 16th century
|
|
Church and state
|
|
Punishment
|
|
Religion & beliefs.
|
|
Religion.
|
| SUBJECT |
Great Britain -- History -- Tudors, 1485-1603.
http://id.loc.gov/authorities/subjects/sh85056776
|
| Subject |
England
|
|
Great Britain
|
| Genre/Form |
History
|
| Form |
Electronic book
|
| ISBN |
9780192887702 |
|
019288770X |
|
9780191982019 |
|
0191982016 |
|
9780192887696 |
|
0192887696 |
|
