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9 - Assizes and politics

Published online by Cambridge University Press:  07 October 2011

J. S. Cockburn
Affiliation:
University of Maryland
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Summary

The twelve red coats in Westminster Hall are able to do more mischief to the nation than as many thousands in the field.

Attributed to Sir Matthew Hale by John Dalrymple, Memoirs of Great Britain and Ireland (1771–3), 1, 153.

The task of integrating the judiciary into the political scene during one hundred and fifty of the most complex and formative years of our history is immense. Anyone attempting to correlate the legal and political history of the period is faced with an uneven mass of fragmentary and dissociated information, much of which has to be set against a somewhat conjectural political background.

In the case of assizes, particularly in the earlier period, the problem is exceptionally acute. As with their more routine functions, circuit judges in their political capacity were concerned with essentially local interests, a mosaic of influence and faction in which even the judges became confused, and about which little or nothing is known. Available evidence seldom tells the full story of a particular episode, and hence any estimate of the extent of its political overtones is, at best, tentative.

A full-scale treatment of the judiciary clearly transcends the limits of a single chapter. It is therefore possible to do little more than consider thematically the main areas of judicial involvement as reflected in the conduct of assizes during these years. For the sake of convenience, the following account has been divided into three sections, identified by what appears to have been the dominant concern of the assize judges during the years comprised in each section; a fourth section deals with the Civil Wars and Interregnum.

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Publisher: Cambridge University Press
Print publication year: 1972

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  • Assizes and politics
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.015
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  • Assizes and politics
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.015
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.

  • Assizes and politics
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.015
Available formats
×