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6 - Law reform

Published online by Cambridge University Press:  14 September 2009

David Dean
Affiliation:
Carleton University, Ottawa
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Summary

In his study of the first seven sessions of the reign, Professor Elton found that bills reforming the law were relatively few in number. In contrast, almost a quarter of the bills initiated in the last six sessions of the reign sought some sort of legal reform; although these legislative attempts were as piecemeal as those earlier in the reign, there certainly seems to have been a change in public perceptions of the law. First of all, it is clear that privy councillors, royal legal officials and the judges were determined to initiate a full examination of the laws in force, possibly with a view to attempting consolidation if not codification. This was not new: attempts had been made by Sir Nicholas Bacon and proposed by at least one writer earlier in the reign, but, as we have seen, in 1589 the government took steps to secure a full enquiry into the laws in force. Moreover, royal officials regularly urged restraint on the making of new laws and the formalisation of the procedures for extending expiring laws may owe something to official desires to see some old and useless statutes removed from the books. This would undoubtedly have met with favour among some members of the lower house: between seventy-nine and ninety-one county MPs were also JPs when they sat in these sessions and complaints were made that JPs had too many statutes to enforce. On the other hand, the proportion of lawyers in the house doubled between the first and last parliaments of the reign and lawyers had a vested interest in keeping many laws on the books and resisting any reform which simplified the legal process.

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Law-Making and Society in Late Elizabethan England
The Parliament of England, 1584–1601
, pp. 188 - 216
Publisher: Cambridge University Press
Print publication year: 1996

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  • Law reform
  • David Dean, Carleton University, Ottawa
  • Book: Law-Making and Society in Late Elizabethan England
  • Online publication: 14 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522529.008
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  • Law reform
  • David Dean, Carleton University, Ottawa
  • Book: Law-Making and Society in Late Elizabethan England
  • Online publication: 14 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522529.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law reform
  • David Dean, Carleton University, Ottawa
  • Book: Law-Making and Society in Late Elizabethan England
  • Online publication: 14 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522529.008
Available formats
×