By Paul D. Halliday
It is a significant survey of ways cities have been ruled in overdue Stuart and early Hanoverian England. England's civil wars within the 1640s broke aside a society that have been used to political consensus. even though all sought harmony after the wars ended, a brand new type of politics developed--one in keeping with partisan department, coming up first in city groups, no longer at Parliament. This ebook explains how warfare unleashed an extended cycle of purge and counter-purge and the way society came across the capacity to take in divisive politics peacefully. criminal alterations are explored just about the rarely-studied court docket files of King's Bench, to which neighborhood opponents became for assist in resolving their alterations.
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Additional resources for Dismembering the Body Politic: Partisan Politics in England’s Towns, 1650-1730
The power of the court to adjudicate the corporations' disputes would help maintain each as "one body corporate . . " THE BODY POLITIC To understand politics in English towns in the generations after the Civil Wars, and in particular, to see how and why partisan politics first appeared in the towns, we must understand what a corporation was, why it existed, and how it functioned. For the idea and the law of corporations created the rhetorical and legal environment in which the paradox of partisan politics operated.
William Shepheard [sic: Wing catalogue and all commentary uses "Sheppard"], Of Corporations, Fraternities and Guilds (London, 1659), prefatory letter. For an opinionated analysis, see Amasa M. Eaton, "The First Book in English on the Law of Incorporation," Yale Law Journal, 12 (1903), pp. 259-86 and 364-79. A more balanced assessment is in Nancy Matthews, William Sheppard, Cromwell's Law Reformer (Cambridge, 1984), pp. 133-43. 29 30 Corporate ideal and partisan reality The King embodied this incorporeal person so "that the town .
Sir William Blackstone agreed a century later: the "King's consent is absolutely necessary to the erection of any corporation, either impliedly or expressly given": Commentaries, vol. Ill, p. 471. C. T. Carr called this the "concession theory" of corporateness: corporations exist only at the behest of the state, not simply by many individuals acting as a group. Corporations, pp. 159 and 163, and chapter 13. Eng. , vol. 87, p. 8. (3 Mod. 12). Atkyns was a justice of Common Pleas, 1672-80, before his removal for his political views; the quote is from 1682.
Dismembering the Body Politic: Partisan Politics in England’s Towns, 1650-1730 by Paul D. Halliday