The Magistrate and the Community: Summary Proceedings in Rural England During the Long Eighteenth Century Creator: Darby, N
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This work has been submitted to NECTAR, the Northampton Electronic Collection of Theses and Research. Thesis Title: The magistrate and the community: summary proceedings in rural England during the long eighteenth century Creator: Darby, N. E. C. R Example citation: Darby, N. E. C. (2015) The magistrate and the community: summary proceedings in rural England during the long eiAghteenth century. Doctoral thesis. The University of Northampton. Version: Accepted version T http://nectarC.northampton.ac.uk/9720/ NE The magistrate and the community: summary proceedings in rural England during the long eighteenth century Submitted for the Degree of Doctor of Philosophy At the University of Northampton 2015 Nerys Elizabeth Charlotte Darby © Nell Darby 2015. This thesis is copyright material and no quotation from it may be published without proper acknowledgement Abstract The study of how the law worked at a local level in rural communities, and in the role of the rural magistrate at summary level, has been the subject of relatively little attention by historians. More attention has been given to the higher courts, when the majority of plebeian men and women who experienced the law during the long eighteenth century would have done so at summary level. Although some work has been carried out on summary proceedings, this has also tended to focus either on metropolitan records, a small number of sources, or on a specific, limited, number of offences. There has not been a broader study of rural summary proceedings to look at how the role and function of the rural magistrate, how local communities used this level of the criminal justice system, as complainants, defendants and witnesses, and how they negotiated their place in their local community through their involvement with the local magistrate. The research presented here uses the surviving summary notebooks of 13 magistrates working across central and southern England as primary sources, taking both a quantitative and qualitative approach to examine how rural summary proceedings operated. It shows that there was wide participation in the summary process in rural England, and that rural magistrates had a more individualised approach to their summary work and decision-making than their London equivalents. It reveals how even the poorest members of rural societies were able to employ agency and display authority in their appearances before the magistrate, and demonstrates the extent to which the use of discretion, mediation and arbitration were key functions of the rural justice. Acknowledgements In addition to my supervisory team of Drew Gray and Cathy Smith, I would like to thank the community of criminal historians who I have got to know during my research, and who have proved to be an incredibly supportive, encouraging group of researchers. Particular thanks are due to Peter King, Peter Rushton and Dave Cox for sharing research with me and suggesting areas to research further. The archivists at the Centre for Buckinghamshire Studies, Shropshire Archives, Nottinghamshire Archives, East Sussex Record Office, Wiltshire and Swindon History Centre, British Library, and the National Archives have all been unfailingly helpful. Undertaking this research would not have been possible without the love and support of my family, in particular my mother, Carolyn Ford, husband John Darby, and my children, Jake and Eva Darby. Thanks must also go to Lucy Bailey for her friendship and encouragement throughout this process. Finally, this thesis is dedicated to the memories of Elizabeth Garbett and Kathleen Harper, with love. Table of Contents (page numbers in bold type) Chapter one: Introduction and themes. 1 a) What magistrates’ notebooks recorded. 2 b) Methodology. 10 c) The neglect of rural summary proceedings, 20 and why they should be studied. d) Outline of chapters. 27 Chapter two: The magistrate and summary 31 proceedings in rural England. a) Summary proceedings in rural England. 33 i. The function and purpose of summary 33 proceedings. ii. How summary proceedings operated in 36 rural communities. iii. The types of case heard at summary level. 40 b) The rural magistrate. 47 i. Depictions of the rural magistrate: fact and 47 fiction. ii. The accessibility, and availability, of the 62 rural justice to his community. iv. The help magistrates had in undertaking 71 their summary work. v. The constraints on a magistrate’s authority. 75 vi. The recording of cases heard at summary 77 level. Concluding remarks. 82 Chapter three: Class and status: rural society’s 84 involvement with the summary process. a) The social background of complainants in 88 rural summary proceedings. i. How servants used the summary process 91 to resolve employment issues. ii. How paupers exercised authority in 107 summary proceedings. iii. Property ownership and property offence 116 complaints at summary level. iv. Plebeian use of the summary process to 126 complain about offences against the person. b) The social background of defendants in 133 rural summary proceedings. i. The negotiation of employment terms and 138 conditions between master and servant at summary level. ii. The emphasis on plebeian defendants in 144 property offence cases. iii. How the background of assault defendants 153 at summary level changed over time. Concluding remarks. 160 Chapter four: How men and women used the 164 summary process in rural England. a) The gender of complainants. 168 i. How property offence complaints were 172 particularly gendered. ii. Women, work and the use of agency in 181 poor law complaints. iii. Why women were most likely to complain 185 of offences against the person. iv. The gendered nature of employment and 195 employment complaints. v. How men and women used the magistrate 207 as an advisor in regulatory and financial cases. vi. How women benefited from voluntary 211 examinations in bastardy cases. vii. An overview of the gender of complainants 215 before the magistrate. b) The gender of defendants. 218 i. The gendered opportunities for stealing 221 goods. ii. The vulnerability of women in settlement 234 and vagrancy cases. iii. Why men were more likely to be brought 243 to the magistrate in cases involving offences against the person. iv. The gendered division of roles evident in 250 employment cases. v. The impact of gender on social, economic 256 and moral regulation. vi. How the fathers and mothers of 263 illegitimate children were viewed differently in law and practice. Concluding remarks. 267 Chapter five: Magistrates’ decision-making and 270 judicial discretion over the long eighteenth century. a) How discretionary were rural summary 273 proceedings? i. The limitations of discretion in property 273 offence decisions. ii. The individual approach to discretion in 285 vagrancy cases. iii. How discretion was used extensively in 289 offences against the person. iv. Discretion in the levying of fines for 295 regulatory offences. v. The extent of magisterial discretion in 301 decisions relating to employment cases. b) What factors did magistrates consider in 311 employing leniency or discretion? i. The evidence for gender-based discretion 312 and leniency in rural summary proceedings. ii. The impact of reputation on magisterial 334 decision-making. iii. How class and economic background 342 influenced how magistrates made their decisions. iv. Other factors in magisterial decision- 353 making: youth and group offending. Concluding remarks. 361 Chapter six: Conclusions 364 Appendices: 1 The magistrates, their background and the 383 geographic area they operated in. 2 Social status in rural England. 404 3 Examples of occupation listed in justicing 406 notebooks, and the groups ascribed to those occupations in this thesis. 4 Property offences as a proportion of total 408 entries in rural magistrates’ notebooks. 5 The gender of individuals examined as to 409 their settlement. 6 The action taken in cases involving 410 offences against the person, where recorded, by individual magistrate. Bibliography: Primary sources 411 i. Archival sources 411 ii. Modern editions 414 iii. Published primary sources 415 Secondary sources 422 i. Printed sources 422 ii. Web resources 461 iii. PhD/MA theses consulted 467 List of Tables 1.1 A typology of justicing notebooks. 3 1.2 The timespan of the justicing notebooks. 18 2.1 The most common types of case recorded by rural 41 magistrates in notebooks of summary proceedings. 2.2 A comparison of the summary caseload of 13 rural 45 magistrates. 2.3 The educational, legal and social backgrounds of magistrates 52 3.1 The classifications of social status used in this chapter. 87 3.2 The social background of those appearing before the rural 89 magistrates as complainants. 3.3 Wage disputes, brought by workers, and heard by the rural 94 magistrate. 3.4 Cases brought to the magistrate involving servants being put 101 away within their contract. 3.5 The social background or occupational status of 118 complainants in property offence cases, where stated. 3.6 The social background or occupational status of 127 complainants in cases involving offences against the person, where stated. 3.7 The social background or occupational status of assault 130 complainants before William Brockman, William Hunt and Richard Stileman. 3.8 The status of those appearing before the rural magistrates as 134 defendants. 3.9 Defendants in employment-related cases before the rural 138 magistrate. 3.10 Misbehaviour and misdemeanour cases brought against 140 servants and other workers, expressed as part of the magistrates’ employment cases. 3.11 The social background or occupational status of those 145 accused of property offences, where stated. 3.12 The social background or occupational status of defendants 147 in wood theft cases before the rural magistrate, where stated. 3.13 The social background or occupational status of defendants 154 in cases involving offences against the person, where stated. 3.14 The social status of complainants and defendants in cases 155 involving offences against the person, where both were stated. 3.15 The social background or occupational status of defendants 158 in cases involving offences against the person, heard before William Brockman, William Hunt and Richard Stileman, where stated.