This introduction places the articles featured in this special issue of the Journal of British Studies within the context of recent scholarship on late medieval and early modern women and the law. It is designed to highlight the many boundaries that structured women's legal agency in Britain, including the procedural boundaries that filtered their voices through male advisers and officials, the jurisdictional boundaries that shaped litigation strategies, the constraints surrounding women's appearance as witnesses in court, the gendered differentiation of rights determined by primogeniture and marital property law, and the boundaries between legal and extralegal activity. Emphasizing the importance of a nuanced approach, it rejects the construction of women's litigation simply as a form of resistance to patriarchal norms and also urges caution against overestimating or oversimplifying the choices available to women in legal disputes or their latitude to operate as autonomous individuals. Gender intersected in British courts with locality, resources, jurisdiction, social status, and familial, religious, and political affiliations to inform different women's access to justice, which involved negotiations between unequal actors within various constraints and in complex alignment with multiple and often competing interests.

This article compares the circulation and reception of useful knowledge—from medical and craft recipes to prognostications and agricultural treatises—in late medieval English manuscripts and early printed practical books. It first surveys the contents and composition of eighty-eight fifteenth-century vernacular practical manuscripts identified in significant collections in the United States and United Kingdom. Close analysis of four of these late medieval practical miscellanies reveals that their compilers saw these manuscripts as repositories for the collection of an established body of useful knowledge. The article then traces the transmission of these medieval practical texts in early printed books. As the pressures of a commercial book market gradually transformed how these practical texts were presented, readers became conditioned to discover “new” knowledge in the pages of printed books. The introduction to England of the “book of secrets” in 1558 encouraged readers to hunt for “secrets” in unpublished medieval manuscripts, ensuring that these century-old sources would remain important sites for useful knowledge well into the early modern era.

An important object of study in the historiography of early modern England, popularity has been examined in relation to figures such as the Earl of Essex and the Duke of Buckingham. It has been equally accounted for as the activity of MPs who fostered the cause of patriotic and freeborn Englishmen during the absolutist reigns of the early Stuarts. Popularity has also been dealt with when addressing resistance theory and people's power in pre-societal arrangements (“popular power”) and with regard to the popular component within a mixed government (“popular sovereignty”). Far less studied is another meaning of popularity, identified with direct democracy and its practices (“popular government”). This article shows how a large portion of public debate between the 1580s and 1642 focused on what were perceived as the threats of democratic strategies pursued by various (subversive) actors in England. Besides setting forth a revised understanding of the pejorative “popular” that distinguishes it from constitutional (republican) meanings on the one hand and from elite or royal popularity seeking on the other, this article unearths usages that presented it as an anarchic empowerment of the meanest of people—neither a mere theoretical sovereignty nor a mere right to be represented by one body in a mixed regime. Considering a composite range of sources and analyzing political, social, and, above all, ecclesiastical controversies, the article explains what democratic popularity was thought to stand for, who its exponents were, and how it was attacked from a wide spectrum of perspectives.

This article examines the brutal massacre of up to six hundred Spanish and Italian papal troops on the order of the English Lord Deputy Arthur Grey, 14th Baron de Wilton (1536–1593), at Dún An Óir (Forto del Oro), Smerwick, County Kerry, on 10 November 1580. The article investigates the relationship between the religious and juridical rationales for the massacre, shedding new light on the broader relationship between the early modern law of nations, Protestantism, and what Brendan Bradshaw has characterized as “catastrophic violence” in the Elizabethan military conquest of Ireland. While Vincent Carey has emphasized the virulently anti-Catholic character of Grey's rationales for the massacre, my argument instead emphasizes the role of the received laws of nations and of war in justifying Grey's actions both to Queen Elizabeth I (1533–1603) and to the English public, from the period immediately following the massacre until the writing of Edmund Spenser's pro-Grey apologetic, A View of the Present State of Ireland (ca. 1596). On this view, the papal troops at Smerwick were considered brigands, pirates, or, in Marcus Tullius Cicero's words, “communis hostis omnium”—a common enemy to all—and enjoyed no standing as lawful enemies under the law of nations. In the sixteenth century, the established law of nations was hardly a seamless web but manifested significant cleavages and fissures allowing for the construction of localized spheres of legal exception in which the ordinary rules of warfare did not apply, thus providing a convenient juridical rationale for atrocity.

Court records provide invaluable evidence of the existence of laws and notional rights affecting women and how these were (or were not) enforced and exercised. Many documents provide tantalizing glimpses of female thinking and echoes of female voices, but these remain elusive because of the influence of the lawyers, scribes, and officials who helped shape and record them. This article examines the multiple difficulties that researchers face in distinguishing women's contributions from those of lawyers in legal records, and argues that the artificial nature of legal processes complicates conceptions of “authentic” female voices. It suggests ways to address methodological problems and concludes that focusing on multiple voices and processes of collaboration may bear more fruit than seeking to extract individual women's private thoughts and words.

In 1732, the London Society of Apothecaries joined the Trustees for Establishing the Colony of Georgia in America in a scheme to establish an experimental garden in the nascent colony. This garden was designed to benefit the trustees’ bottom line, as well as to provide much-needed drugs to British apothecaries at a time of increasing overseas warfare and the mortality it entailed. The effort to grow medicinal plants in Georgia drew together a group of partners who began to recognize the economic potential of botany, and of medicinal plants specifically, in calculations of political economy. The plan depended on the knowledge production occurring at the apothecaries’ Chelsea Physic Garden and their efforts to adapt to a changing medicine trade by finding customers among state-sponsored institutions. Taken together, the histories of the gardens at Chelsea and Savannah illustrate that a perceived need for medicines brought plants into expressions of state power long before the network of botanical stations emblematic of the nineteenth-century empire. This earlier transatlantic story pairs the commercialization of health-care provision with shifts in imperial policy in the long eighteenth century.

The health and well-being of pets became a significant matter of medical and scientific concern during the first decades of the twentieth century. Addressing the case of dogs, this article contends that this circumstance was not primarily a consequence of developments internal to veterinary practice but rather emerged from the broader-based domestic-science movement. The elaboration of scientifically oriented approaches to dog care signals the incorporation of pets within a maternal ideal that emphasized care and efficiency as domestic virtues. Via consideration of canine milk foods, women-led canine medical institutions, canine-concerned domestic workers, and rationalist approaches to kennel design, the article demonstrates that dogs should be placed alongside such established objects of domestic scientific reform as children, homes, and human bodies. Moreover, it shows that scientific reconceptualizations of dogs relied on an extensive network of (primarily women) laborers that included food producers, nursing staff, kennel attendants, and breeders. The article thereby contributes to a growing body of scholarship highlighting ways in which the domestic-science movement forged new scientific objects and practices around the turn of the twentieth century. By the 1930s, dogs were routinely being upheld as exemplars of the kinds of homely existence made possible by scientifically informed approaches to domestic living.

This article examines English women who were engaged in wholesale long-distance or international trade in the later Middle Ages. These women made up only a small proportion of English merchants, averaging about 3 to 4 percent of the mercantile population, often working in partnership with their husbands. The article systematically quantifies, for the first time, women's penetration into this male-dominated trade and adds new perspectives to our understanding of women and trade in the Middle Ages by using both debt and customs records. It poses important questions about women's economic roles, the nature or distinctiveness of their businesses, and the ways that their actions fitted within mercantile activity more broadly. It examines the extent to which wives acted as equal economic partners with their husbands and also assesses the extent to which women's economic potential or agency in wholesale trade was shaped, or indeed constrained, by economic and patriarchal forces. It concludes by arguing that patriarchy certainly limited female access to wholesale markets, particularly after 1300, along with other linked features that also shaped women's economic trading endeavors. These features included status, access to capital, and the advantages to working within dynamic, extensive, and busy markets such as those found in later medieval London.

This article is a case study of female litigants acting in the capacity of mother in the English equity court of Chancery between 1550 and 1700. It starts by asking how prevalent mothers were as plaintiffs and defendants in Chancery, though the burden of the article is a qualitative analysis of maternal narratives in Chancery pleadings and the use of gendered tropes such as “poor mother.” Stepmothers and women acting in loco parentis—aunts, grandmothers, and godmothers—have been included to reflect the full range of women who acted in a maternal role in early modern society and explain how they were portrayed, sometimes through a querelle des femmes lens. The different legal strategies of mothers (and their lawyers) are examined in detail and the question of the “female voice” in the archives is addressed. The intention is to demonstrate how social and legal maternal identities were used to produce strategic storytelling by mothers and their lawyers in a rhetoric that they hoped would advantage their cases. More broadly, the article addresses questions about the structural connections between law and society, especially the construction of social identity and the habitus and doctrine of equity.

Historians have not paid close attention to the activities of freebooters operating out of Dunkirk in the late 1620s. This essay corrects that omission by first studying the threat from Dunkirk to England's east coast and then addressing how the central government, counties, and coastal towns responded. A surprisingly rich vein of manuscript material from Great Yarmouth and particularly from the Suffolk fishing community of Aldeburgh informs this case study of the impact of this conflict around the North Sea.

Early in 1761, a land promoter of Ulster origin named Alexander McNutt brought before the British Board of Trade a proposal to settle several thousand Ulster Scots in Nova Scotia. The board enthusiastically approved, but when McNutt returned the following year with promising news, the board forbade him from continuing the scheme, citing fears of losing Protestants in Ireland. This episode has generally been explained as evidence of the British government's ambivalence about Ulster emigration. However, rather than expressing merely a tension between two equally desirable but conflicting goals—peopling the American colonies with Irish Protestants and protecting the Ascendancy by preventing their emigration—the board's change of mind reflected the changing political environment. The board that approved McNutt's scheme strongly favored settling Nova Scotia quickly; the board that shut it down a year later included new members who viewed settling Nova Scotia as a waste of precious funds. The case of Alexander McNutt demonstrates the profound ramifications of party politics for Ulster migration during the imperial crisis of the 1760s and 1770s. It further affirms that studies of Ulster migration must be imperial in scope.

Much is known about the negotiation of personal credit relationships during the eighteenth century. It has been noted how direct contact and observation allowed individuals to assess the creditworthiness of those with whom they had financial connections and to whom they might lend money. Much less is known about one of the most important credit relationships of the long eighteenth century: that between the state and its creditors. This article shows that investors could experience the performance of public credit at the Bank of England. By 1760 the Bank was the manager of nearly three-quarters of the state's debt and housed the main secondary market in that debt. Thus, it provided a place for public creditors, both current and potential, to attend and scrutinize the performance of the state's promises. The article demonstrates how the Bank acted to embody public credit through its architecture, internal structures, and imagery and through the very visible actions of its clerks and the technologies that they used to record ownership and transfer of the national debt. The Bank of England, by those means, allowed creditors to interrogate the financial stability and reputation of the state in the same ways that they could interrogate the integrity of a private debtor.

This article explores the distribution of women witnesses in a selection of English church courts between the mid-sixteenth and early eighteenth centuries, in order to assess the extent to which women's participation as witnesses in these jurisdictions might be characterized as a form of legal agency. It shows that women's participation was highly contingent on their marital status and between places and over time and was shaped by the matters in dispute as well as the gender of the litigants for whom they testified. Although poverty did not exclude women witnesses (higher proportions of female witnesses than male claimed to be poor or of limited means), women were more vulnerable than were men to discrediting strategies that cast doubt on their authority in court. Such findings show that the incorporative dimensions of state formation did not deliver new forms of agency to women but depended heavily upon patriarchal norms and constraints.

During the nineteenth century, British public schools became increasingly important, turning out thousands of elite young men. Historians have long recognized the centrality of these institutions to modern British history and to understandings of masculinity in this era. While studies of universities and clubs have revealed how fundamental the rituals and everyday life of institutions were to the creation of masculinity, public schools have not been subjected to the same scrutiny. Approaches to date have emphasized the schools’ roles in distancing boys from the world of the home, domesticity, femininity, and women. Focusing on three case-study schools, Winchester College, Charterhouse, and Lancing College, this article offers a reassessment of the relationship between home and school in the Victorian and Edwardian period and contributes to the growing literature on forms of masculine domesticity in the second half of the nineteenth century. In the reformed public schools, the ideal of the patriarchal household was often essential, and in producing it, the presence of significant women—the wives of headmasters and housemasters—could be vital. The schools also worked to create a specifically masculine form of domesticity through boys’ performance of mundane domestic tasks in the “fagging” system, which was often imagined in terms of the chivalric service ideal. Letters from the period show how the everyday worlds of school and home remained enmeshed, revealing the distinctive nature of family relationships forged by the routine of presence and absence that public schools created.

In modern critical imagination, Richard Steele is almost always seen as Joseph Addison's friend and collaborator, as half of the periodical essay-writing team devoted to the promotion of civility, urbanity, and a moral and well-mannered lifestyle. Scholars focus almost exclusively on the Tatler, the Spectator, and Steele's sentimental drama, The Conscious Lovers (1722), virtually ignoring his substantial canon of party journalism and pamphlets. Partly because of Steele's bitter and extensive quarrel with Jonathan Swift—or because most scholars assume that Swift got the best of him—he is now rarely taken seriously as a political player in late Stuart and early Hanoverian England. This essay focuses on Steele the party writer—and especially on his attitude toward religio-political authority and the sanctity of vox populi. Though Steele is now described as (like Addison) “not so enthusiastic about the potential for public politics,” he was for excellent reasons regarded by contemporaries as a writer not only trying to politicize the people but actually succeeding in doing so. This essay attempts to recontextualize Steele's polemical contributions; he has been read alongside Addison and other Whig wits, but he rarely figures in discussions of the history of political ideas in early eighteenth-century England, in discussions of debates about authority, resistance, and the nature of obligation, about public religion and liberty of conscience, the political implications of heterodoxy, and the use of reason as a challenge to dogmatic clerical authority.

During the First World War, all of the belligerent powers interned both civilian and military prisoners. In Britain alone, over one hundred thousand people were held behind barbed wire. Despite the scale of this enterprise, interment barely features in Britain's First World War memory culture. By exploring the place of prisoner-of-war camps within the “militarized environment” of the home front, this article demonstrates the centrality of internment to local wartime experiences. Forced to share the same environment, British civilians and German prisoners clashed over access to resources, roads, and the surrounding landscape. As this article contends, it was only when the British started to employ prisoners on environmental-improvement measures, such as land drainage or river clearance projects, that relations gradually improved. With the end of the war and closure of the camps, however, these deep entanglements were quickly forgotten. Instead of commemorating the complexities of the conflict, Britain's memory culture focused on more comfortable narratives; British military “sacrifice” on the Western Front quickly replaced any discussion of the internment of the “enemy” at home.

This article considers the political activism of Canada's Indigenous peoples as a corrective to the prevailing narrative of British decolonization. For several decades, historians have described the end of empire as a series of linear political transitions from colony to nation-state, all ending in the late 1960s. But for many colonized peoples, the path to sovereignty was much less straightforward, especially in contexts where the goal of a discrete nation-state was unattainable. Canada's Indigenous peoples were one such group. In 1980, in the face of separatism in Quebec, Prime Minister Pierre Trudeau pledged to renew the Canadian Confederation by bringing home the constitution, which was still retained by the British Parliament. But many Indigenous leaders feared that this final separation of powers would extinguish their historic bilateral treaties with the British crown, including the Royal Proclamation of 1763 that guaranteed Indigenous sovereignty in a trust relationship with Britain. Indigenous activists thus organized lobbying campaigns at Westminster to oppose Trudeau's act of so-called patriation. This article follows the Constitution Express, a campaign organized by the Union of British Columbia Indian Chiefs in 1981. Maneuvering around the nuances of British political and cultural difference, activists on the Constitution Express articulated and exercised their own vision of decolonization, pursuing continued ties to Britain as their best hope for securing Indigenous sovereignty in a federal Canada.

This article considers the opportunities available to, and the constraints to be negotiated by, female litigants at the court of Star Chamber during the reigns of the early Tudor kings. Star Chamber was a prerogative court and grew in popularity following the transformation and clarification of its judicial functions under Thomas Wolsey in the early sixteenth century. While it has suffered losses to its records, around five thousand cases still survive from the early Tudor period, including nearly one thousand cases involving female litigants. Unlike those in other Westminster courts, such as Common Pleas, Chancery, or the Court of Requests, Star Chamber cases have yet to be fully examined for what they can tell us about women's access to justice and their experience of legal process. This article begins by surveying the number of cases involving female litigants, showing that far more women came to the court as plaintiffs than as defendants. The numbers were significant—in line with Chancery—but still show women as a minority. Drawing on a wide range of examples, the paper explores the major factors determining, and limiting, women's active roles as litigants, taking into consideration cultural expectations, legal practice (including the operation of coverture), and, where detected, individual decision-making.

During the French Revolutionary and Napoleonic Wars, the British Empire grew through its invasion of Dutch colonies around the Indian Ocean rim. The incursions entwined British and Dutch politics, cultures, and social networks. These developments were significant for the Dutch East Indies, but have received relatively little attention in histories of the Second British Empire. In light of recent interest in Anglo-Dutch interaction, connectivity across empires, and the uses of prosopography to question the boundaries of imperial history, this article uses Dutch biographies to interrogate the relationship between the politics of liberal reform and despotism in the Cape Colony and Java under the British. A dialectic between despotism and liberalism dominates the Second Empire's historiography. Conversely, tracing the biographies of two interstitial figures who passed between the Dutch Empire and that of Britain shows how despotism and reform were connected. The Dutch drew notions of reform from their social networks into the Cape and Java through their manipulation of loyalist rhetoric. Concurrently, the use of such rhetoric legitimized societies and controls linked to the entrenchment of autocracy. This article thus reveals links between connectivity and control in Britain's Indian Ocean empire.

How did the British monarchy respond to the multiple challenges of early twentieth-century mass democracy? Historians have separated the growth of constitutional sovereignty from the practice of a welfare monarchy, or from royalty as decorative and media friendly. This article argues that the political transformation of the modern monarchy was inseparable from innovations to its style and presentation. Opening with the dramatic constitutional crisis that confronted George V and his advisors in 1910, I show how the monarchy's entanglement in high politics forced the crown to assume an increasingly neutral, arbitrarial stance on industrial disputes and on the Irish question, despite the king's own conservatism. Simultaneously, George V invested in styles of royal accessibility and informality that contrasted sharply with other major European dynasties, in a series of royal tours across the industrial heartlands of England and Wales in 1912 and 1913. Extensively covered by the national and imperial press and by the newsreels, these visits to the strongholds of laborism promoted a vision of patrician democracy that drew heavily on traditions of organic, one-nation conservatism. But they also positioned royalty and the people in a new imaginary relationship that was more personal and intimate. Both versions had long-term consequences for the British monarchy across the twentieth century.