Prosecution and process : crime and criminal law in late seventeenth-century Yorkshire
One of the problems that has bedevilled much discussion of crime in the past has been the lack of consistency in its categorization. In this thesis a systematic attempt has been made to resolve these difficulties and to provide a categorization based principally on an analysis of contemporary jurists. It is further argued that it is essential to consider the state of the criminal law in the seventeenth century in order properly to appreciate the subtleties of the law and thus the framework within which prosecution occurred. This framework is important in showing how. contrary to received belief. the criminal law in the period was comparatively sophisticated. This was the case. not only in theory. but also in practice. and it is a major contention of this thesis that the complexities of the law were recognized by contemporaries. and. indeed. affected the practices of prosecution. Most work on crime in the past has. to date, concentrated on the counties of the Home Circuit. close to. and doubtless influenced by. London. but in this thesis the material that exists in abundance for the Northern Circuit has been utilized to provide a picture of the pattern of crime. or rather of prosecution. in Yorkshire. From
Barbour-Mercer, S. A.
Crime in 17c. Yorkshire
Prosecution and process : crime and criminal law in late seventeenth-century Yorkshire. One of the problems that has bedevilled much discussion of crime in the past has been the lack of consistency in its categorization. In this thesis a systematic attempt has been made to resolve these difficulties and to provide a categorization based principally on an analysis of contemporary jurists. It is further argued that it is essential to consider the state of the criminal law in the seventeenth century in order properly to appreciate the subtleties of the law and thus the framework within which prosecution occurred. This framework is important in showing how. contrary to received belief. the criminal law in the period was comparatively sophisticated. This was the case. not only in theory. but also in practice. and it is a major contention of this thesis that the complexities of the law were recognized by contemporaries. and. indeed. affected the practices of prosecution. Most work on crime in the past has. to date, concentrated on the counties of the Home Circuit. close to. and doubtless influenced by. London. but in this thesis the material that exists in abundance for the Northern Circuit has been utilized to provide a picture of the pattern of crime. or rather of prosecution. in Yorkshire. From
prosecution process crime criminal law late seventeenth_century yorkshire problem much_discussion crime past lack consistency categorization systematic attempt_make resolve difficulty provide categorization base principally analysis contemporary jurist argue essential consider state criminal law_order properly appreciate subtlety law thus framework_within prosecution occur framework important show how contrary receive belief criminal law period comparatively sophisticated case theory also practice major contention complexity law recognize contemporary and indeed affected practice prosecution work crime past have date concentrated county home circuit close influence london material exist abundance northern circuit utilized provide picture pattern crime rather prosecution yorkshire