Fields, Fens and Felonies

J. Durston Gregory

Description

Fields, Fen and Felonies is neither a micro-history in the context of a parish, hundred, or small town nor national account, but a more unusual criminal justice history of a major English region with its own correlation with London and the rest of England in addition to its local differences and 'quirks'.

Sujets

• Histoire
• Anglia Oriental
• Legal history
• East Anglia
• Est-Anglie

Informations

• Publié par: Waterside Press
• Date de parution: 09 décembre 2016
• Nombre de lectures: 0
• EAN13: 9781910979181
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Fields, Fens and Felonies
Crime and Justice in Eighteenth-century East Anglia
Gregory J Durston
Fields, Fens and Felonies: Crime and Justice in Eighteenth-century East Anglia
Gregory J Durston
ISBN 978-1-909976-11-5 (Paperback)
ISBN 978-1-910979-18-1 (Epub ebook)
ISBN 978-1-910979-19-8 (Adobe ebook)
Copyright © 2017 This work is the copyright of Gregory J Durston. All intellectual property and associated rights are hereby asserted and reserved by him in full compliance with UK, European and international law. No part of this book may be copied, reproduced, stored in any retrieval system or transmitted in any form or by any means, or in any language, including in hard copy or via the internet, without the prior written permission of the publishers to whom all such rights have been assigned worldwide.
Cover design © 2017 Waterside Press.
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Published 2016 by
Waterside Press
Sherfield Gables
Sherfield-on-Loddon
Hook, Hampshire
United Kingdom RG27 0JG
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Table of Contents
About the author xi
Acknowledgements xii Preliminary Matters 13
Introduction 13
Time and Place 14
Sources of Information 15
Newspapers and Chapbooks 17
Justices’ Notebooks 19
General Diaries 20
Eighteenth-century East Anglia 22
Norwich 24
Continuity and Change 26
The Social Background 28
The Influence of London 30
English Exceptionalism 31
Philosophical Constraints 34
A “Gentler” Society 35
A More Mobile Society 36
Transients and Crime 41
Concern About Crime 44
Arguments 46 Justices of the Peace 49
Introduction 49
Appointment 49
Clerical JPs 60
Reputation and Competence 66
The Justices’ Work 67 Policing 71
Introduction 71
Constables 71
The Constables’ Work 75
Watchmen 78
The Military 79
Crime and the Military 81 Crimes, Courts and Judicial Personnel 85
Crimes 85
Benefit of Clergy 86
The “Bloody Code” 90
Misdemeanours 96
Courts with Criminal Jurisdiction 97
Summary Trial 97
Summary Trial Before a Single Justice 98
Summary Trial before Petty Sessions 99
Appeal from Summary Conviction 103
Trial on Indictment before Quarter Sessions 105
Criminal Jurisdiction 110
Borough Sessions 119
Trial on Indictment before Assizes 133 Entering the Criminal Justice System 147
Introduction 147
The “Hue and Cry” 150
Detection 154
Detection by Victims 156
Detection by JPs and Parish Officers 159
The Reward System 160
Accomplice Evidence 166
The Justice’s Examination 170
Committal for Trial 175
Recognisances to Prosecute 177
Bail 178 The Coroner and His Inquest 181
Introduction 181
The Coroner’s Work 185
The Quality of the Coroner’s Work 190
Coming to Notice 193
The Inquest Hearing 196
Conclusion 201 Prosecution 203
Introduction 203
Reasons not to Prosecute 203
Alternatives to Prosecution 206
Private Prosecution 212
Public Prosecution 215
Prosecution Costs 217
Prosecution Associations 220
Malicious Prosecution 224 Jury Trial 227
Introduction 227
Commencement of Proceedings 230
The Grand Jury 231
The Work of the Grand Jury 235
Scrutiny of Bills of Indictment 237
Arraignment and Plea 243
Adjournments 246
The Trial Jury 247
The Hearing 251
Judicial Directions 256
Jury Decision-Making 260
Verdicts 262
Pious Perjury and Partial Verdicts 266
Pious Perjury and Grand Larceny 267
Pious Perjury and Capital Offences 269
Sentencing 272
Appeal 273 Summary Disposal 277
Introduction 277
Summary Trial 277
Profane Oaths 278
Other Summary Offences 280
Concern About Summary Justice 284
Mediation and Arbitration 287
Prosecution by Recognisance 292
Punishment for Vagrancy 293 Capital Punishment 297
Introduction 297
Centrality to Criminal Justice 299
Preparing for Death 303
The Place of Execution 305
The Manner of Execution 310
Burial, Dissection, and Display 313 Reprieves from Execution 319
Introduction 319
Administrative Reprieves 323
Reprieve by Petition 325
Conditions for Reprieve 330
Communicating a Reprieve 333
Reprieves and Meta-Narratives 334
Factors Influencing Reprieve 335 Transportation 347
Introduction 347
Criticism 349
Transportation in East Anglia 351
Use of Transportation at Quarter Sessions 352
Australia 354
Embarkation 356
Reprieves from Transportation 358
Prosecution for Premature Return 360 Imprisonment, Penal Enlistment, and Corporal Punishment 367
Imprisonment 367
The 1706 Act 368
Attractions of Penal Imprisonment 370
The Rise of Penal Imprisonment 371
Carceral Conditions 377
Prison Security 381
Reform 384
Penal Enlistment 387
Corporal Punishment 390 Perspectives on Property Crime 397
Introduction 397
Poverty and Crime 397
The Role of Receiving 403
Theft and Work Perquisites 405
Gleaning and Theft 410
Servants and Property Crime 414
Classification and Distribution of Property Crimes 417 Grand Larceny and Capital Crimes Against Property 419
Grand Larceny 419
Capital Forms of Larceny 420
Pickpocketing 421
Shoplifting 425
Stealing from a Dwelling-house 430
Burglary and Housebreaking 436
Robbery 443
Mounted Highwaymen 446
Footpads 450
Execution for Robbery 453 Animal Theft 461
Introduction 461
Capital Forms of Animal Theft 464
Background to the Crimes 465
Disposal of Stolen Animals 470
Trial Forum 474
Execution and Animal Theft 476
Reprieves from Execution 477 Homicide Offences 487
Introduction 487
Distribution of Homicide Verdicts 490
Offence Definitions 493
Self-Defence 493
Negligent Manslaughter 494
Manslaughter by “Non-Lethal” Blows 495
Manslaughter following Provocation 495
Manifest Criminality 499
Lethal Brawls 501
The Statute of Stabbing 505
Duels and Other Arranged Fights 506
Insanity 508 Murder 511
Introduction 511
Classification of Murders 513
Domestic Murders 514
Modus Operandi of Domestic Murder 515
Murder by Abuse of Power 521
Instrumental Murders 528
Murder of Law-Enforcement Officers 531
Miscellaneous Murders 532 The Incidence of Homicide 535
Introduction 535
Homicide in East Anglia 536
Homicide During Sample Years 538
Summary of Sample Years 539
Evidence from Inquests 539
Conclusion 540 Infanticide 543
Introduction 543
Profiles of Infanticide Cases 545
Method of Killing 547
Identifying Perpetrators 548
Gender and Marital Status 549
Verdicts 551
Reprieves 556
The 1803 Act 558
Conclusion 558 Sexual Offences 561
Introduction 561
Rape 561
Characteristics of Rape Cases 566
Attempted Rape 568
Sodomy 573
Trial for Sodomy 576
Execution for Sodomy 578
Attempted Sodomy 579
Bestiality 583
Minor Sexual Offences 586
Conclusion 586 Non-Lethal Violence 589
Introduction 589
The Civilising Process 591
Assault 593
Felonious Assaults 595
Assault as a Quasi-Civil Action 597
Changing Attitudes to Assault 600
Conclusion 601 Smuggling and Poaching 603
Introduction 603
Smuggling 605
Policing the Trade 612
Poaching 616
Poaching and the Law 618
Poaching Battles 620
Mantraps and Spring Guns 621 Protest Crime 625
Introduction 625
Arson 626
Animal Maiming 630
Criminal Damage 632
Threatening Letters 632 Riots and Disturbances 635
Introduction 635
The Riot Act 636
Causes 637
Food Riots 643
Major Grain Riots in the Region 652
Political Concerns After 1789 669
Conclusion 671 General Conclusion 675
Frequently Used Abbreviations 683
Bibliography 684
Index 718
About the author
Gregory J Durston is a barrister-at-law who has taught in Law Schools in England and Japan. He was for many years Reader in Law at Kingston University, Surrey and is the author of the acclaimed Whores and Highwaymen: Crime and Justice in the Eighteenth-century Metropolis (Waterside Press, hardback 2012; paperback 2016).
Acknowledgements
I would like to acknowledge the invaluable assistance provided by the staff of the National Archives in Kew, the Norfolk Record Office in Norwich, the King’s Lynn Borough Archives, and the Suffolk Record Office in Ipswich. Thanks are also due to the staff at Kingston University Library, Gray’s Inn Library, Lincoln’s Inn Library, and the British Library. Additionally, I am extremely grateful for assistance and advice from a wide variety of people on many different aspects of this book, and in particular to Philippa Russell, Paul Rock, Manuel Eisner, Peter King, Rhiannon Markless, Rhoda Koenig, and Nicholas Philpot. In a work with a significant element of synthesis, a huge debt is, inevitably, owed to the many scholars whose publications are cited in the text.
For each chapter to be comprehensible on its own, it has sometimes been necessary to restate points made elsewhere. These have been kept to a minimum by the use of cross-referencing; where such repetition is unavoidable, fresh illustrations have been used. Readers should note that abbreviated titles are often used in footnotes; the full versions of these sources can be found in the Bibliography. Until 1752 the year started on 25 March. Dates prior to this time have been modernised to accord with the Gregorian calendar.
Gregory Durston
London,
Whitsun, 2016
Chapter 1
Preliminary Matters
Introduction
T his book examines crime and justice in eighteenth-century East Anglia. It is neither a micro-history of