Martial Law and English Laws, c.1500–c.1700

A comprehensive history of martial law, outlining how it was a vital component of England's domestic and imperial legal order.

John M. Collins (Author)

9781107092877, Cambridge University Press

Hardback, published 19 May 2016

332 pages, 1 table
23.5 x 15.7 x 2.2 cm, 0.6 kg

'The book is well written and follows a logical structure. … achieves much in its wider aims of helping readers make sense of the many forms martial law took in the Anglophone world over this long and complicated period.' Andrew Hopper, The English Historical Review

John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.

Introduction
Prologue
Part I. A Jurisprudence of Terror: 1. Making martial law
2. Making summary martial law
3. Transforming martial law
Part II. Martial Law and English Parliaments: 4. Bound by wartime: martial law and the petition of right
5. Unbound by parliament: martial law and the Wars of the Three Kingdoms
6. Bound and unbound: martial law in the Restoration empire
7. The rise of martial law
Conclusion
Manuscript bibliography
Index.

Subject Areas: Legal history [LAZ], Early modern history: c 1450/1500 to c 1700 [HBLH]