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Jason Peacey - The Madman and the Churchrobber: Law and Conflict in Early Modern England

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Jason Peacey The Madman and the Churchrobber: Law and Conflict in Early Modern England
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This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century. Employing arich cache of archival material, Jason Peacey traces legal contestation over time and through a range of different courts, as well as in Parliament and the public domain, and contends that a microhistorical approach makes it possible to shed valuable light upon the legal and political culture ofearly modern England, not least by comprehending how certain disputes became protracted and increasingly bitter, and why they fascinated contemporaries. This involves recognising the dynamic of litigation, in terms of how disputes changed over time, and how those involved in myriad lawsuits foundlegal reasons for prolonging contestation. It also involves exploring litigants strategies and practices, as well as competing claims about the way in which adversaries behaved, and incompatible expectations of the legal system. Finally, it involves teasing out the structural issues in play, interms of the social, cultural, and ideological identities of successive generations. Ultimately, this dispute is employed to address important historiographical debates surrounding the nature of civil litigation in early modern England, and to provide new ways of appreciating the nature, severity,and visibility of political and religious conflict in the decades before and after the English Revolution.

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The Madman and the Churchrobber

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Great Clarendon Street, Oxford, OX2 6DP, United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries

Jason Peacey 2022

The moral rights of the author have been asserted

First Edition published in 2022

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data

Data available

Library of Congress Control Number: 2021951369

ISBN 9780192897138

ebook ISBN 9780192651686

DOI: 10.1093/oso/9780192897138.001.0001

Printed and bound by

CPI Group (UK) Ltd, Croydon, CR0 4YY

Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

For Annette

Contents

This project took longer than expected to complete. Archival discoveries forced me to confront complex issues, and I came to identify with comments by one of the books protagonistsJohn Smyth of Nibley. Official duties (my time as Head of Department) were like thieves in stealing much time from this, and the research was sometimes painful, as weeks were spent without the gleaning of a note to enlarge a line herein. Like Smyth, I have reflected on how an immersion in legal complexities made me privy to mine own ignorance, and like him I am grateful for considerable support along the way. Many people have mitigated my ignorance and taken time to engage with an unusual and perhaps risky project. These include: Ian Archer, Richard Bell, Alex Barber, Mike Braddick, Simon Brown, Bill Bulman, Tom Cogswell, David Como, Richard Cust, David dAvray, Kenneth Fincham, Steve Hindle, Clive Holmes, Ann Hughes, Robert Ingram, Mark Jenner, Sean Kelsey, Chris Kyle, Peter Lake, Patrick Lantschner, Ed Legon, Noah Millstone, Nicholas Popper, Stephen Roberts, John Walter, Tim Reinke-Williams, John Sabapathy, David Harris Sacks, Christopher St John Smith, Jack Sargeant, Laura Stewart, Elliot Vernon, John Walter, and Andy Wood. This book would not have been possible without enthusiastic support from librarians and archivists, including Karen Davidson and David Smith at Berkeley Castle, Judith Curthoys at Christ Church, Oxford, and Julian Reid at Corpus Christi College, Oxford, and the wonderful staff at Gloucestershire Archives. I am also grateful to the Huntington Library for a fellowship that enabled me to put my findings into a wider context, and to Cathryn Steele at OUP for her wonderful help and support. Most of all I am grateful to Annette, who has heard more than anyone ought to about John Smyth and Benjamin Crokey, and who even came on pilgrimage with me to Nibleytwice.

Smyth, Lives, ii. 4401, 4423.

C. H. Firth and R. S. Rait, Acts and Ordinances of the Interregnum, 16421660(3 vols, London, 1911)

Additional

H. A. C. Sturgess, ed., Register of Admissions to the Honourable Society of the Middle Temple(3 vols, London, 1949),

American Historical Review

American Journal of Legal History

American Journal of Sociology

John Venn and J. A. Venn, Alumni Cantabrigienses(4 vols, Cambridge, 1922)

Joseph Foster,

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