Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.

Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.

Last Acts argues that the Elizabethan and Jacobean theater offered playwrights, actors, and audiences important opportunities to practice arts of dying. Psychoanalytic and new historicist scholars have exhaustively documented the methods that early modern dramatic texts and performances use to memorialize the dead, at times even asserting that theater itself constitutes a form of mourning. But early modern plays also engage with devotional traditions that understand death less as an occasion for suffering or grief than as an action to be performed, well or badly. Active deaths belie narratives of helplessness and loss through which mortality is too often read and instead suggest how marginalized and constrained subjects might participate in the political, social, and economic management of life. Some early modern strategies for dying resonate with descriptions of politicized biological life in the recent work of Giorgio Agamben and Roberto Esposito, or with ecclesiastical forms. Yet the art of dying is not solely a discipline imposed upon recalcitrant subjects. Since it offers suffering individuals a way to enact their deaths on their own terms, it discloses both political and dramatic action in their most minimal manifestations. Rather than mournfully marking what we cannot recover, the practice of dying reveals what we can do, even in death. By analyzing representations of dying in plays by Marlowe, Shakespeare, and Jonson, alongside devotional texts and contemporary biopolitical theory, Last Acts shows how theater reflects, enables, and contests the politicization of life and death.

Exploration of manuscript records and civil law sources to provide a fuller account of the history of the legal profession in England.

By tracing the largely forgotten eighteenth-century migration of elite mixed-race individuals from Jamaica to Great Britain, Children of Uncertain Fortune reinterprets the evolution of British racial ideologies as a matter of negotiating family membership. Using wills, legal petitions, family correspondences, and inheritance lawsuits, Daniel Livesay is the first scholar to follow the hundreds of children born to white planters and Caribbean women of color who crossed the ocean for educational opportunities, professional apprenticeships, marriage prospects, or refuge from colonial prejudices. The presence of these elite children of color in Britain pushed popular opinion in the British Atlantic world toward narrower conceptions of race and kinship. Members of Parliament, colonial assemblymen, merchant kings, and cultural arbiters--the very people who decided Britain's colonial policies, debated abolition, passed marital laws, and arbitrated inheritance disputes--rubbed shoulders with these mixed-race Caribbean migrants in parlors and sitting rooms. Upper-class Britons also resented colonial transplants and coveted their inheritances; family intimacy gave way to racial exclusion. By the early nineteenth century, relatives had become strangers.

Illegitimacy, Family, and Stigma is the first full-length exploration of what it was like to be illegitimate in eighteenth-century England, a period of 'sexual revolution', unprecedented increase in illegitimate births, and intense debate over children's rights to state support. Using the words of illegitimate individuals and their families preserved in letters, diaries, poor relief, and court documents, this study reveals the impact of illegitimacy across the life cycle. How did illegitimacy affect children's early years, and their relationships with parents, siblings, and wider family as they grew up? Did illegitimacy limit education, occupation, or marriage chances? What were individuals' experiences of shame and stigma, and how did being illegitimate affect their sense of identity? Historian Kate Gibson investigates the circumstances that governed families' responses, from love and pragmatic acceptance, to secrecy and exclusion. In a major reframing of assumptions that illegitimacy was experienced only among the poor, this volume tells the stories of individuals from across the socio-economic scale, including children of royalty, physicians and lawyers, servants and agricultural labourers. It demonstrates that the stigma of illegitimacy operated along a spectrum, varying according to the type of parental relationship, the child's race, gender, and socio-economic status. Financial resources and the class-based ideals of parenthood or family life had a significant impact on how families reacted to illegitimacy. Class became more important over the eighteenth century, under the influence of Enlightenment ideals of tolerance, sensibility, and redemption. The child of sin was now recast as a pitiable object of charity, but this applied only to those who could fit narrow parameters of genteel tragedy. This vivid investigation of the meaning of illegitimacy gets to the heart of powerful inequalities in families, communities, and the state.

This volume offers a cross-period (14th-19th century) European comparison of different property regimes brought into conversation with inheritance patterns and resulting gender-specific negotiations and conflicts.