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William Lambarde's Eirenarcha and the Centralization of Local Government

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William Lambarde's Eirenarcha and the Centralization of Local Government University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2020-05-04 William Lambarde's Eirenarcha and the Centralization of Local Government LeClair, Stacey Crystal LeClair, S. C. (2020). William Lambarde's Eirenarcha and the Centralization of Local Government (Unpublished master's thesis). University of Calgary, Calgary, AB. http://hdl.handle.net/1880/111991 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY William Lambarde's Eirenarcha and the Centralization of Local Government by Stacey Crystal LeClair A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS GRADUATE PROGRAM IN HISTORY CALGARY, ALBERTA MAY, 2020 © Stacey Crystal LeClair 2020 Abstract William Lambarde played a pivotal role in the centralization of local government in late Elizabethan England. Although he has been frequently referenced in history as a legal scholar and antiquarian, his widely read manual for the justices of the peace, Eirenarcha: Or, of the Office of the Justices of the Peace (1582), demonstrates that his knowledge of the history of the common law enabled him to critically analyze the operations of local government in an effort to reform the way judicial administration was conducted by lay justices of the peace. This thesis investigates the work of Lambarde and his contribution to law reform in late Elizabethan England, particularly as revealed through the Eirenarcha. One of the chief reasons for the publication of Eirenarcha was to provide a solution to the inefficiencies and inaccuracies that persisted in the administration of law and justice by lay JPs. At a time when the law was neither rigidly applied nor uniformly understood, Lambarde provided a comprehensive and consistent source of legal knowledge that acted as a bridge between the central government and the JPs in the localities, proving Lambarde to be a central figure in the process of criminal justice reform in late Elizabethan England. Lambarde’s legal reforms put forth through his Eirenarcha ultimately brought about tangible changes to the commission and made a lasting impression on legal scholars well into the seventeenth century. ii Acknowledgments There are a number of people to whom I must express my deepest and most sincere gratitude for their part in making this thesis a reality. Firstly, I would like to thank my supervisor, Dr. Ken MacMillan, who took the time to provide me with excellent guidance, all the while challenging and encouraging me to pursue my passion for legal history. The attention you have paid to the development of my thesis has been exemplary and made what started off as a daunting task into a manageable challenge. I could not have asked for a better supervisor. Thank you to the Social Sciences and Humanities Research Council (SSHRC) for funding my studies through the Canada Graduate Scholarships program. I must pay special thanks to my previous instructor Dr. Glenn Wilkinson, who encouraged me to not give up on my pursuit of law but to combine my curiosity for the law with my passion for history. I would also like to thank the amazing administrative staff in the Department of History at the University of Calgary for their tremendous assistance throughout the past two years. I have met so many great people over the course of my studies and I would like to thank my cohort for their endless support and encouragement. Amy, Blake, Chloe, Sam and Xumeng, thank you for making this entire experience so enjoyable. I always looked forward to attending class with you all. To my office mates, Tracy, Joe, Sophia, Logan and Alexis, thank for your company, motivation and most of all your friendship. I will miss our afternoon coffee runs. To my family, thank you for your patience and support, not to mention for putting up with my makeshift law library on the kitchen table. To my Dad, for being the best cook! Thank you for ensuring I had a well-balanced meal at least once a day. Your feminism is truly iii something to be emulated. Mom, you sparked a passion for history in me first. Thank you for always encouraging me to take pride in my interests and to lead an authentic life. To Danny, for being the best little brother a girl could ask for and lightening the load on the days that seemed too hard to handle alone. And to Anthony, for listening to me go on endlessly about a sixteenth century lawyer and never putting a stop to the happiness it brought me. iv For my Uncle, Ben Robert Plumer December 31, 1950 - December 12, 2019 v Table of Contents Abstract ii Acknowledgments iii Dedication v Table of Contents vi Introduction 1 William Lambarde: Legal Antiquarian and Reformer 1 Law Humanism and Centralization in Tudor England 4 Lambarde and His Historians 9 Argument and Organization 13 Chapter One: A Handbook for The Crown 19 The Justice of the Peace in Tudor England 19 Eirenarcha and Other Handbooks 26 The Purpose of Eirenarcha: More than a Manual 29 Theory or Insight into the Justices of the Peace 35 Oath of the Justices of the Peace 48 Conclusion 51 Chapter Two: A Handbook for Justices of the Peace 53 Justices of the Peace in the Counties 53 The Use of Discretion on Behalf of the Justices of the Peace 56 The Maintenance of an Objective Approach to Law 63 Pre-Trial Procedure 71 Conclusion 83 Conclusion: Lambarde and His Legacy 85 Bibliography 92 vi Introduction William Lambarde: Legal Antiquarian and Reformer On April 24, 1582, William Lambarde (1536-1601) delivered a charge to the jury of the General Sessions of the Peace at Maidstone, England.1 Commenting on the state of crime within the county, Lambarde acknowledged the pervasiveness of “sin of all sorts” and criticized those “put in trust with the execution of such laws” for not correctly administering justice and reporting on any wrongdoings brought to their attention.2 Lambarde instructed that the Justices of the Peace (JPs) were expected to be the “mouth of the [queen’s] laws,” and were predominantly “accountant to her majesty for the faults of [the] country.”3 By recognizing their duties, Lambarde stressed the accountability of the justices and made them responsible for any crime that went unpunished. He also criticized the performance to the jury, made up of local officials who were responsible for searching and inquiring upon offences and informing the justices, as their shortcomings worked to hinder the execution of justice on behalf of the JPs. “But in the meantime,” Lambarde declared, “if you, seeing either will not see at all or but see through your fingers, then must we require at your hands not only that fault of your own willful blindness but also all such other offences as by your concealment do escape unpunished.”4 Lambarde’s charge speaks to the state of law enforcement throughout the rural countryside in late sixteenth century England. It shows Lambarde as a pivotal figure in the pursuit of establishing a more centralized and consistent system of criminal justice and local 1 The term “charge” refers to an exhortation given to the jury of the Sessions of the Peace. 2 William Lambarde, William Lambarde and Local Government: His “Ephemeris” and Twenty- Nine Charges to Juries and Commissions, ed. Conyers Read (Ithaca, NY: Cornell University Press, 1962), 68-69. 3 Lambarde, William Lambarde and Local Government, 70. 4 Lambarde, William Lambarde and Local Government, 70. 1 government. That same year, Lambarde reflected this goal more explicitly in his Eirenarcha: Or, of the Office of the Justices of the Peace (1582). This treatise was designed to be a handbook for the JPs (as the title in Anglicized Greek indicates “the office of the peace”) and provided them with an essential aid in fulfilling their duties. This thesis examines the work of Lambarde and his contribution to law reform in late Elizabethan England, particularly as revealed through the Eirenarcha. Supporting my investigation of this important primary source are Lambarde’s twenty-nine charges, delivered to the Quarter Sessions from 1582, when Lambarde published Eirenarcha, to 1600, the year before Lambarde's death. The charges offer insight into the Eirenarcha, as they provide a more practical application of the reforms and criticisms he proposed in the handbook, and help to reveal the motivations behind his work and his role as a legal reformer. One of the chief reasons for the publication of Eirenarcha was to provide a solution to the inefficiencies and inaccuracies that persisted in the administration of law and justice by lay JPs. At a time when the law was neither rigidly applied nor uniformly understood, Lambarde provided a comprehensive and consistent source of legal knowledge that acted as a bridge between the central government – the executive branch of government known as the Crown, consisting of the regnant king or queen, his or her privy council, and other key office holders – at Westminster and the JPs in the localities, in order to enhance the Commission of the Peace and centralize local government. William Lambarde was an Elizabethan lawyer, jurist, JP, and antiquarian. He studied law at Lincoln’s Inn, one of the four Inns of Court for the teaching of the common law.
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