About the Author\nK. J. Kesselring, Professor of History, Dalhousie University,Tim Stretton, Professor of History, Saint Mary's University\nK.J. Kesselring is a Professor of History at Dalhousie University in Halifax, Canada. She has published works on early modern English law, crime, and politics, including books on the royal pardon, the Northern Rebellion of 1569, and homicide, as well as a series of articles and book chapters on such 
topics as felony forfeiture and the Court of Star Chamber. She has also edited or co-edited several volumes of essays and primary sources, including a collection of essays on the history of coverture co-edited with Tim Stretton: Married Women and the Law: Coverture in England and the Common Law 
World.\nTim Stretton is a Professor of History at Saint Mary's University in Canada and has published widely on the topics of women, litigation, law, and literature. He is the author of Women Waging Law in Elizabethan England (1998), the editor of Marital Litigation in the Court of Requests, 1542-1642 
(2008) and co-editor (with Krista Kesselring) of Married Women and the Law: Coverture in England and the Common Law World (2013).\nEngland is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of 
judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with 
remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its 
common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply 
invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh 
perspective to a history that remains relevant today.

Marriage, Separation, and Divorce in England, 1500-1700

History

Kesselring, K. J.

Stretton, Tim

Europe

Oxford University Press

Making Murder Public: Homicide in Early Modern England, 1480-1680

Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'

Homicide has a history. In early modern England, that history saw two especially notable developments: one, the emergence in the sixteenth century of a formal distinction between murder and manslaughter, made meaningful through a lighter punishment than death for the latter, and two, a significant reduction in the rates of homicides individuals perpetrated on each other. Making Murder Public explores connections between these two changes. It demonstrates the value in distinguishing between murder and manslaughter, or at least in seeing how that distinction came to matter in a period which also witnessed dramatic drops in the occurrence of homicidal violence. Focused on the 'politics of murder', Making Murder Public examines how homicide became more effectively criminalized between 1480 and 1680, with chapters devoted to coroners' inquests, appeals and private compensation, duels and private vengeance, and print and public punishment. The English had begun moving away from treating homicide as an offence subject to private settlements or vengeance long before other Europeans, at least from the twelfth century. What happened in the early modern period was, in some ways, a continuation of processes long underway, but intensified and refocused by developments from 1480 to 1680. Making Murder Public argues that homicide became fully 'public' in these years, with killings seen to violate a 'king's peace' that people increasingly conflated with or subordinated to the 'public peace' or 'public justice.'

Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture, and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity.

Mercy and Authority in the Tudor State (Cambridge Studies in Early Modern British History)

Cambridge University Press

Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture, and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity.

Married Women and the Law: Coverture in England and the Common Law World

Explaining the curious legal doctrine of "coverture," William Blackstone famously declared that "by marriage, husband and wife are one person at law." This "covering" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen?s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

Kesselring, Krista J.

Legal History

McGill-Queen's University Press

See the best price to sell, buy, or rent books by Kesselring, K. J.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Kesselring, K. J.

See the best price to sell, buy, or rent books by Kesselring, K. J.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Marriage, Separation, and Divorce in England, 1500-1700

Making Murder Public: Homicide in Early Modern England, 1480-1680

Making Murder Public: Homicide in Early Modern England, 1480-1680

Mercy and Authority in the Tudor State (Cambridge Studies in Early Modern British History)

Mercy and Authority in the Tudor State (Cambridge Studies in Early Modern British History)

Married Women and the Law: Coverture in England and the Common Law World