Legal History: Crime and Punishment Research Guide
This guide details primary English and American resources on the history of crime and punishment.
Research in the history of crime and punishment requires the use of a variety of sources. Very often, it is necessary to consult sources beyond traditional cases and statutes. For this purpose, there are many finding aids, which can be used to locate pertinent primary materials. Also useful are topical treatises, bibliographies, historical compilations and online Internet sites devoted to the history of a particular subject. These secondary sources often also provide citations to primary and additional secondary sources. There are many, many more sources of information on this topic than can be listed here, so this guide gives only an overview of print, micro-media and some Internet resources available to facilitate research in the history crime and punishment at the Georgetown University Law Center. Call numbers given are specific to the Edward Bennett Williams Library collections and the John Wolff International & Comparative Law Library collections. The designation SPECL indicates the material is in Special Collections, and must be used there. INTL indicates the material is in the Wolff Library. MEDIA indicates the material is in microfilm or microfiche and is located on the first floor of Williams Library. All others are located in the Williams Library.
II. Internet Resources
There are now many sources on legal history available on the Internet. A separate Online Guide [http://www.law.georgetown.edu/library/research/guides/legalhistory.cfm] is available on those Internet resources best to use for legal research in a specific area. As the Internet changes constantly, other sources may become available, so it is always a good idea to browse the Internet on your own, through search engines, as well as the use the sources listed below. See the Special Collections Librarian for more information.
III. Primary English Legal Sources
These are general sources in English law, including statutory sources and case reports, and treatises before 1865, surveys of English legal history during certain periods, contemporary works as well as bibliographies. There are many of these sources available generally, so only a few are listed here. More can be found doing a subject search in most library catalogs using words such as Law-Great Britain (or England).
A. English Statutes
English statutes were not always printed in full. There still is no "official" publication for English statutes, such as found with the American Statutes at Large. For the earliest laws of England, The Statutes at Large by Ruffhead (to 1799) and The Statutes of the Realm (to 1713) are the best sources. Pickering's Statutes at Large, and Chitty's Statutes also cover the same time periods and go beyond, into the 19th century, but Chitty's is selective, not inclusive. Other sets of statutes cover the 19th century into the modern era. The various publications of statutes are listed below in order by period covered. When using these editions, the researcher should stay with a particular edition as much as possible. Statute citations are not always the same from source to source. English statutes are cited by the year of the reign of the sovereign (king or queen) in Latin, followed by a chapter and/or section; thus: 10 W. & M. c.3 is the 10th year of the reign of William & Mary, chapter 3. A conversion for regnal years is attached is in Appendix A.
INTL & SPECL
KD571 1963 Rdg. Rm.
The Statutes of the Realm. 12 vols. Reprint ed. of London: G. Eyre and A. Strahan, 1810-1822. London: Dawsons of Pall Mall, 1963.
This set includes statutes from the Magna Charta to the end of the reign of Queen Anne (1713). It includes a chronological index and alphabetical index in volume 12. It is often considered the "official" publication of English statutes, but it is only good up to 1713. Statute cites do not always correspond to the same cites in other un-official statutes compilations.
KD130 1215 .R83 1761 Quarto
Ruffhead, Owen. The Statutes at Large: from Magna Charta to the End of the [Reign of King George the Third]. 18 vols. London: M. Basket, 1763-.
This is the most widely used compilation of statutes for the 17th and 18th centuries. It includes an index in volume 9 for the first 9 volumes of statutes, and thereafter an index at the end of each subsequent 9 volumes. Ruffhead ends the compilation in 1806, as does Pickering, listed below, though Pickering picks up with another series.
KD130 1215 .P5 1761 Quarto
Pickering, Danby. The Statutes at Large From the Magna Charta to the End of the Eleventh Parliament of Great Britain, Anno 1761 [continued to 1806]. 46 vols. Cambridge: Charles Bathurst, 1762-1830.
KD130 1215 .R5 1807 Quarto
Continued by Danby Pickering under title Statutes of the United Kingdom of Great Britain and Ireland [1807-1868/69]. SPECL has vols. 47-70 [1807-1830].
A Collection of the Public General Statutes. 45 vols. London: G. Eyre & A. Spottiswoode, 1834-1875.
Chitty, Joseph. Chitty's Statutes of Practical Utility [1235-1948]. 42 vols. London: Sweet and Maxwell.
Selected annotated English statutes from Magna Charta to 1910, and then annually until 1948. Selection is based on Joseph Chitty's analysis of the importance of each statute in the history of English law.
B. Abridgments & Digests
There are numerous digests of the laws of England, and most organize the legal terms in alphabetical order by subject. They are often the only sources of cases and statutes for a particular subject. Some digests and abridgements also cite other digests, as well as earlier abridgements and specific treatises on specific subjects. The 3 most useful digests and abridgements are listed here. When using early editions of these digests and abridgements, be aware that the English language has changed through the centuries, and that Law French, Latin, or even Norman French, and old English may be in use. One digest compiler may list ,family lawŠ under ,husband and wife,Š while another compiler will list it under ,baron and femme.Š Use a variety of synonyms and check for misspellings: The earlier the print, the further away from modern English you are, and there are always printing mistakes in early printed materials.
KD660 .V53 1742 Rdg. Rm.
Viner, Charles. A General Abridgement of Law and Equity. 2nd ed., 30 vols., with 7 vol. Supplement. London: G.G.J. and J. Robinson, et al., 1792-1795.
The 1st edition of 23 volumes was published in Aldershot for the Author in 1742-1753. The 2nd edition, however, is more useful than the first: there is no index in the 1st edition, and the index occupies all of volume 24 in the 2nd; the set includes a list of abbreviations and their corresponding translations. Both sets, however, are very useful abridgements and cite other authors when a particular subject is better annotated elsewhere. This edition is also available on microfiche.
KD295 .B3 1793 Quarto
Bacon, Matthew. A New Abridgement of the Law: Alphabetically Digested Under Proper Titles. 6th ed. 5 vols. Dublin: Luke White, 1793.
Other editions include 1798, 1807, 1811 and 1813. Several other editions are also available on microfiche.
KD295 .C6 1762 Quarto
Comyns, John. A Digest of the Laws of England. 5 vols. London: John Knapton, Thomas Longman and Robert Horsfield, 1762-1767.
Other editions include 1800, 1822 and 1824. Two other editions are also available on microfiche.
C. Case Reports
Until the 19th century, reporting on court cases was done at the whim or interest of a judge, lawyer or layman. Reporters were often lawyers or judges who would sit in on a particular case, or stick to reporting on a particular court or even during a particular judge‰s tenure. As a result, many cases were either under-reported, reported by more than one reporter, or not at all. Sometimes they were printed by more than one publisher, or not at all. The reports printed until 1865 became known as The Nominatives, because they were printed under the name of the person doing the reporting, i.e., Burrows‰ Reports, Vesey‰s Reports, etc.
Many of the Nominatives are available in various original editions under the names of the reporters. Quite a few still exist only in manuscript format, originally written or copied over, mostly stored at the Public Records Office the British Library. The printed reports have been reprinted many times, separately, or in series, such as Common Law Reports. The best and most complete sets of these reports, however, are The English Reports, listed below. It includes a two-volume index of cases, and a small bound index to each English Reports volume for the original reports by reporter‰s name. The English Reports are also now available in CD-ROM. Another set of original English law reports was microfilmed, and includes a guide and index of original reporters. The two sets of reports overlap extensively, but there are reports in both sets, which exclude one from the other.
Another set of printed reports is The Common Law Reports. If a case or a reporter is not found in The English Reports, or The Common Law Reports, try the microfilm set. A cross-reference index of all printed Nominatives in the reprint set, original editions and the microfiche set exists in the Special Collections & Archives Department. It is a guide to abbreviations used (i.e., burr. becomes Burrow), and whether the original nominative is available in reprint form and/or microfiche. This guide can help prevent headaches when searching for a reprint/microfilm copy of an original report.
The Selden Society has also reprinted specific reports in their Selden Society Series. They are not listed below, but you can check the Guide to the Selden Society Publications, which usually accompanies the set. There are other special reprints or editions of cases not necessarily found in the above. See below.
Before the reporting system evolved into the Nominatives, some cases were reported in the Yearbooks. These yearbooks, are known by the years of the reign of a particular English king,.
KD270 1220 .E64 1980r
Renton, A.W., et al., eds. The English Reports. 178 vols. Reprint ed. of London: Stevens & Sons, 1900-1930. Abingdon: Professional Books, 1980.
CD-ROM edition also available, on a dedicated work station in the Wolff Library, and in Special Collections & Archives in the Williams Library. An older version of the Reports is also available online through LLMC Digital, and HeinOnline. Check the Online Collection list.
These are the early law reports for medievial England, dating to around 1268 through 1535, overlapping the earliest Nominatives. Though many of the Year Books have been reprinted, and even translated, some remain in original manuscript formats. Some of the first printed editions have now become rare and difficult to find, or have themselves been reprinted. A few are listed below. The Selden Society and the Ames Foundation have reprinted a good number of them.
Boston College of Law Professor David J. Seipp has a terrific web site devoted to Legal History: The Year Books: An Index and Paraphrase of Printed Year Book Reports, 1268-1535. (Seipp's Abridgement). Supported by the Ames Foundation, this database ,indexes all year book reports printed in the chronological series for all years between 1268 and 1535, and many of the year book reports printed only in alphabetical abridgements. Of these reports, almost 6,000 from 1399 forward have been fully indexed and paraphrased in this database.Š (David Seipp) To access the web site, go to
Check with the Special Collections Librarian for additional help with these titles and the Year Books web site.
INTL & SPECL
KD194 1272 .H6 1863
Horwood, Alfred J., ed. & transl. Year Books of the Reign of King Edward the First [20-22 Edward I, 30-35 Edward I. 5 vols. London: Longmans, Green, Reader, and Dyker, 1863-1879.
Original title: Rerum Britannicarum Medii Ævi Scriptores, Or, Chronicles and Memorials of Great Britain and Ireland During the Middle Ages.
INTL & SPECL
KD194 1327 .P5 1883
Pike, Luke Owen, ed. & transl. Year Books of the Reign of King Edward the Third [11-20 Edward III]. 15 vols. London: Longman, 1883-1911.
English and French on opposing pages. Original title: Rerum Britannicarum Medii Ævi Scriptores, Or, Chronicles and Memorials of Great Britain and Ireland During the Middle Ages. Covers 11-20 Edward III.
E. Plea Rolls
These are very early records, called rolls because they were sheets of vellum or paper ,rolledŠ up in scrolls, for ease of storage and transportation, hand-written recordings of the courts. Short and scant in details, they are often the only records of any case. Many of the rolls are still in their original manuscript formats, many at the British Museum or the Public Records Office in London, but some have been printed and reprinted, and a few have been translated. A few are listed below. For more information on getting access to some of these obscure but valuable sources of information, contact the Special Collections Librarian.
KD190 1196 .E54 1995r
Curia Regis Rolls... Preserved in the Public Record Office. 19 vols. Holmes Beach, Fl.: William W. Gaunt & Sons, 1995-.
Text in Latin. Reprint of the original 1922-1962 ed. Covers the period 1196-1272.
DA25 .B1 1844 Quarto
The Great Roll of the Pipe For the First Year of the Reign of King Richard the First, A.D. 1189-1190. London: Printed by George E. Eyre and Andrew Spottiswoode, 1844.
Text in Latin. Original title is: Magnus Rotulus Pipæ de Anno Primo Regis Ricardi Primo
The Great Rolls of the Pipe For the Second, Third, and Fourth Years of the Reign of King Henry the Second, A.D. 1155, 1156, 1157, 1158. London: HMSO, 1930.
Fasimile reproduction of the original 1844 edition. Text in Latin. Original title is: Magnus Rotulus Scaccarii
The Making of Modern Law
Hardy, Thomas Duffus. A Description of the Close Rolls in the Tower of London. With an Account of the Early Courts of Law and Equity, and Various Historical Illustrations. London: Printed for private circulation, 1833.
KD300 .I53 1739 Octavo
An Index to the Records, With Directions to the Several Places Where They Are to Be Found. And Short Explanations of the Different Kinds of Rolls, Writs, etc. To Which is Added, a List of the Latin Sir-Names, and Names of Places, as They Are Written in the Old Records, Explained by the Modern Names. Also a Chronological Table, Shewing at One View the Year of Our Lord, Answering to the Particular Year of Each King's Reign; the Several Parliaments, and the Different Titles By Which Our Kings Are Styled in the Records. London: Printed for G. Hawkins, 1739.
Attributed generally to John Strachey, but also to Sir Joseph Ayloffe.
DA690.W2288 C68 2002
Lock, Ray & David Dymond, eds., The Court Rolls of Walsham le Willows, 1351-1399. Rochester, N.Y.: Boydell, 2002.
KD4102.J4 A4 1972
Richardson, Henry Gerald, ed. Calendar of the Plea Rolls of the Exchequer of the Jews, Preserved in the Public Records Office and the British Museum. Vol. IV, Henry III, 1272; Edward I, 1275-1277. London: Jewish Historical Society of England, 1972.
KD530 .S4 v. 67, 68, 83, 84
Stenton, Doris Mary, ed. Pleas Before the King or His Justices, 1198-1202. London: Quaritch, 1952-1967.
Original title: Curia Regis. Part of the series from the Selden Society.
DA676 .T3 1929
Thomas, A.H., ed. Calendar of Plea and Memoranda Rolls Preserved Among the Archives of the Corporation of the City of London at the Guild-Hall. 6 vols. Cambridge: Cambridge University Press, 1926-1961.
Covers the years 1323-1482. Not all volumes are available in the Library, check with the Special Collections Librarian.
INTL & SPECL
The Parliament Rolls of Medieval England, 1275-1504. 17 vols. & 1 CD-ROM. London: Boydell & Brewer Ltd., 2005.
Transcriptions of early rolls, in Law French and translated into English. CD-ROM version is in SPECL.
F. Collections of Trials
Below are listed some of the collections of trials that have been printed to either focus on famous trials, or gather materials on trials unavailable in the English Reports.
KDC116 .A77 1785
Arnot, Hugo. A Collection and Abridgement of Celebrated Criminal Trials in Scotland, From A.D. 1536 to 1784, With Historical and Critical Remarks. Edinburgh: Printed for the author by W. Smellie, 1785.
A later 1812 edition is also available in Special Collections.
KD370 .B67 1825 Quarto
Borrow, George Henry. Celebrated Trials and Remarkable Cases of Criminal Jurisprudence From the Earliest Records to the Year 1825. 6 vols. London: Knight & Lacey, 1825.
Includes criminal trials in England and France.
KD370 .B67 1928
Borrow, George Henry. Celebrated Trials and Remarkable Cases of Criminal Jurisprudence From the Earliest Records to the Year 1825. First compiled and edited by George Borrow and now newly revised and edited by Edward Hale Bierstadt. 2 vols. New York: Payson & Clarke ltd., 1928.
A more compact and revised edition of the first 1825 edition.
KD371.P6 C6 1730 Folio
A Complete Collection of State-Trials, and Proceedings for High-Treason, and Other Crimes and Misdemeanours, From the Reign of King Richard II, to the End of the Reign of King George I. 6 vols. 2nd ed. London: Printed for J. Walthoe, Sen., R. Vincent, Sen., etc., 1730.
The first edition was published anonymously under the title Compleat Collection of State-Tryals in 1719, but attributed to Thomas Salmon. See below at Salmon, Thomas.
KD370 .H6 1809 Quarto
Howell, Thomas B., ed. Cobbett‰s Complete Collection of State Trials and Proceedings for High Treason, and Other Crimes and Misdemeanor From the Earliest Period to the Present Time [1163-1820]. 33 vols. London: R. Bagshaw, et al., 1809-1828.
Also known as Cobbett‰s State Trials, this set includes notorious cases not found in The English Reports, or specific Nominatives. It is also available in microfiche. Both editions include an index to names of cases, and a subject index. A CD-ROM version is available in Special Collections.
KD370 .S81 1982r
MacDonell, John & J.E.P. Wallis, eds. Reports of State Trials: New Series, 1820-1858. 8 vols. Reprint of 1888-1898 ed. London: Professional Books, 1982.
KD370 .M43 1803 Quarto
Medland, William M. & Charles Weobly. A Collection of Remarkable and Interesting Criminal Trials, Actions at Law, &c. to Which is Prefixed, an Essay on Reprieve and Pardon, and Biographical Sketches of John Lord Eldon, and Mr. Mingay. 3 vols. London: Printed by J.D. Dewick, for J. Badcock, 1803-1805.
Often overlooked, this 3 volume set has very interesting criminal trials.
KD370 .P45 1826 Quarto
Phillipps, Samuel March, ed. State Trials; Or, a Collection of the Most Interesting Trials Prior to the Revolution of 1688. 2 vols. London: Published by W. Walker, 1826.
KDC116 .P68 1833 Quarto
Pitcairn, Robert. Ancient Criminal Trials in Scotland, Compiled From the Original Records and Mss., With Historical Illustrations, &c. Edinburgh: Printed for the Maitland Club, 1833.
Making of Modern Law
Roughead, William. Twelve Scots Trials. Edinburgh: W. Green & Sons, 1913.
Available on microfilm, and electronically through the subscription database The Making of Modern Law. Covers various famous trials from 1570 to 1899.
KD370 .S35 1741 Folio
Salmon, Thomas. A New Abridgement and Critical Review of the State Trials. Wherein Are Inserted, Several Trials Not in Any Other Collection. Also Some Trials That Were Taken in Haste and Scarce Intelligible, Are Brought Into Regular Order; and Many Deficiencies Throughout the Whole Supply'd. 2nd ed. 2 vols. in 1. Dublin: Printed for J. Leathley, G. Ewing, W. Smith, and P. Crampton, 1741
Includes an ,alphabetical index of the names of the prisoners tried, the times when, their crimes, and their punishment.Š
KD370 .S45 1985
Select Trials at the Sessions-House in the Old-Bailey. 4 vols. in 2. New York: Garland, 1985.
A reprint of the original 1742 edition, these volumes cover select trials at the Old Bailey Criminal Court from 1720 to 1741
KD608 .S72 1906
Tout, T.F. & Johnstone, Hilda, eds. State Trials of the Reign of Edward the First, 1289-1293. London: Royal Historical Society, 1906.
KD370 .T6 1850 Quarto
Townsend, William Charles. Modern State Trials. Revised and Illustrated With Essays and Notes. 2 vols. London: Printed for Longman, Brown, Green, and Longmans, 1850.
Also available in a 1989 reprint, and online at The Making of Modern Law, and HeinOnline.
G. Individual Trials
Many individual trial proceedings are also available in original editions, but mostly either in microfilm, or in a variety of online databases, such as The Making of Modern Law, Early English Books Online, The Making of the Modern World, HeinOnline, Old Bailey sessions Proceedings and LLMC, to name a few. To find those available at Georgetown, search the Library‰s catalog under the subject TRIALS, or individual defendant names. You can also find them online at various web sites through Google and Yahoo. Below are listed just a few examples.
KD270 .F75 1792 Quarto
Foster, Michael. A Report of Some Proceedings on the Commission for the Trial of the Rebels in the Year 1746, in the County of Surry; and of Other Crown Cases. To Which Are Added Discourses Upon a Few Branches of the Crown Law. 3rd ed. London: E. and R. Brooke, 1792.
This is a report of some of the trials that occurred in the wake of the Scottish Jacobite revolt of 1745. The Library also has a 1763 edition, an 1809 edition and a 1982 reprint of the 1762 edition.
KD370 .M3 1725 Folio
The Tryal of Thomas Earl of Macclesfield, in the House of Peers, For High Crimes and Misdemeanors, Upon an Impeachment by the Knights Citizens and Burgesses in Parliament Assembled, in the Name of Themselves and of all the Commons of Great-Britain. Begun the 6th Day of May 1725, and From Thence Continued by Several Adjournments Until the 27th Day of the Same Month. Published by Order of the House of Peers. London: Printed by Sam. Buckley, 1725.
KD370 .W5 1769 Octavo
A Complete Collection of the Genuine Papers, Letters, &c. in the Case of John Wilkes, Esq. Elected Knight of the Shire For the County of Middlesex, March 28, 1768. Berlin: s.n., 1769.
This is a famous seditious libel case, published in the newspaper The North Britton, which was involved in said libel case.
KD371.P6 T49 1820 Quarto
The Trials of Arthur Thistlewood, and Others, For High Treason, at the Old Bailey Sessions-House, Commencing on Saturday, the 15th, and Ending on Thursday, the 27th of April, 1820. London: Printed for Sherwood, Neely, & Jones, 1820.
Part of the Cato Street Conspiracy. See also under Wilkinson.
KDC186 .M32 1818 Octavo
The Trials of James, Duncan and Robert M'Gregor, Three Sons of the Celebrated Rob Roy, Before the High Court of Justiciary, in the Years 1752, 1753, and 1754. To Which Is Prefixed a Memoir Relating to the Highlands, With Anecdotes of Rob Roy and His Family. Edinburgh: Printed by J. Hay and Co., 1818.
KD371.P6 W5 1820 Quarto
Wilkinson, George Theodore. An Authentic History of the Cato-Street Conspiracy, With the Trials at Large of the Conspirators, For High Treason and Murder; a Description of Their Weapons and Combustible Machines, and Every Particular Connected With the Rise, Progress, Discovery, and Termination of the Horrid Plot. With Portraits of the Conspirators, Taken During Their Trials, By Permission, and Other Engravings. London: Printed for Thomas Kelly, 1820.
Trials of Arthur Thistlewood, James Ings, J.T. Brunt, R. Tidd and W. Davidson for high treason. Thistlewood, Brunt and Tidd were also indicted, but not tried, for the murder of Richard Smithers.
IV. General English Legal Sources
There are many more general sources of English legal history than can be listed here. A few are included, as they have proved their worth over the years.
Baker, John H. An Introduction to English Legal History. 4th ed. London: Dayton, Ohio: Butterworths LexisNexis, 2002.
Baker, John H. and S.F.C. Milsom. Sources of English Legal History: Private Law to 1750. London: Butterworths, 1986.
KD530 .C34 1996
Cale, Michelle. Law and Society: An Introduction to Sources for Criminal and Legal History from 1800. Kew, Surrey: PRO Publications, 1996.
Carter, A.T. A History of English Legal Institutions. Reprint ed of London: Butterworths, 1902. Littleton, Co.: F.B. Rothman, 1986.
Cobbett, William. Cobbett's Parliamentary History of England From the Norman Conquest in 1066, to the Year 1803, From Which Last-Mentioned Epoch It is Continued Downwards in the Work Entitled, "Cobbett's Parliamentary Debates.[1066-1803]" 36 vols. London: R. Bagshaw, 1806-1820.
KD532 .C67 2004
Coquillette, Daniel R. The Anglo-American Legal Heritage: Introductory Materials. 2nd ed. Durham, N.C.: Carolina Academic Press, 2004.
Cockburn, J.S. A History of English Assizes, 1558-1714. Cambridge: Cambridge University Press, 1972.
K160 .L397 2003
Feldbrugge, F.J.M., ed. The Law's Beginnings. Leiden: Martinus Nijhoff Publishers, 2003.
KD671.A7 F5 1970r
Fifoot, C.H.S. History and Sources of the Common Law. Reprint ed. of 1949 ed. New York: Greenwood Press, 1970.
KD606 .G68 2000
Graham, Jenny. The Nation, the Law, and the King: Reform Politics in England, 1789-1799. 2 vols. Lanham, Md.: University Press of America, 2000.
KD606 .G75 1995
Griffiths, Bill. An Introduction to Early English Law. Norfolk: Anglo-Saxon Books, 1995.
Holdsworth, William S. A History of English Law. 16 vols. London; Methuen: Sweet and Maxwell, 1966.
Consult Holdsworth when choosing a topic or clarifying obscure legal words. Each volume is chronological from medieval times to 1875. The last volume is the index volume. It is also a good source of primary and secondary sources.
Holdsworth, William S. Sources and Literature of English Law. Oxford: Clarendon Press, 1925.
KZ1269 .E49 2001
Kirkby, Diane & Catharine Coleborne, eds. Law, History, Colonialism: The Reach of Empire. Manchester; New York: Manchester University Press; New York: Distributed in the USA by Palgrave, 2001.
KD554 .K96 2000
Kynell, Kurt von S. Saxon and Medieval Antecedents of the English Common Law. Lewiston, N.Y.: Edwin Mellen Press, 2000.
REF & INTL REF
Maxwell, L. Howard. A Legal Bibliography of the British Commonwealth of Nations. 8 vols. London: Sweet & Maxwell, 1955.
Called Sweet & Maxwell‰s Legal Bibliography. Vols. 1: English law before 1800; vol. 2: English law 1801-1950. The other volumes are for other commonwealth countries. Although a bit old, Sweet & Maxwell‰s Legal Bibliography is an excellent place to start, especially when unfamiliar with old legal terms, or the breadth of the subject matter.
Milsom, S.F.C. Historical Foundations of the Common Law. 2nd ed. London: Butterworths, 1981.
INTL & SPECL
KD612 .O44 2004
Oldham, James. English Common Law in the Age of Mansfield. Chapel Hill: University of North Carolina Press, 2004.
INTL & SPECL
KD358.M33 O35 1992
Oldham, James. The Mansfield Manuscript and the Growth of English Law in the Eighteenth Century. 2 vols. Chapel Hill: University of North Carolina Press, 1992.
Plucknett, T.F.T. A Concise History of the Common Law. 5th ed. Boston: Little, Brown, 1956.
Pollock, F. and F.W. Maitland. The History of English Law Before the Time of Edward I. 2nd ed. 2 vols. London: Cambridge University Press, 1968.
PR428.L37 R67 2003
Ross, Charles Stanley. Elizabethan Literature and the Law of Fraudulent Conveyance: Sidney, Spenser, and Shakespeare. Aldershot, Hants, England: Ashgate Pub. Co., 2003.
Winfield, P.H. The Chief Sources of English Legal History. Cambridge: Harvard University Press, 1925.
V. Primary American Legal Sources
These are general sources of materials, including Federal and state statutes and codes, case reports and digests, surveys of American legal history during certain periods, contemporary works and bibliographies. There are many of these sources available generally, so only a few are listed here. More can be found doing a subject search using words such as Law-United States (or a particular state).
A. Early American Federal Statutes
The Statutes at Large is the official source of laws and resolutions passed by the U.S. Congress since 1789. It is a compilation of statutes, by date of passage; these statutes are later codified in the United States Code. It also includes the text of amendments to the Constitution, and of presidential proclamations, and all treaties and international agreements approved by the U.S. Senate, up to 1948.
United States. United States Statutes at Large. Buffalo, N.Y.: Dennis, 1961-; Washington, D.C.: GPO. Vol. 1 [1789 to March 3, 1845]-.
Dennis has reprinted volumes for 1789-1918. The U.S. Government Printing Office. publishes the volumes after 1918. Early titles include Public Statutes at Large of the United States of America (vols. 1-8), and Statutes at Large of the United States of America (vols. 9-49).
The volumes for the first 42 congresses (1789-1873) are also available online through the Library of Congress web site:
B. Early State Statutes & Session Laws
Until the American Revolution, the original 13 American colonies were governed by the laws of England. Consult the English statutes for more information. There were colonial laws enacted by some of the local legislatures, more and more so with the approach of the American Revolution. Many were not printed or published officially, but they were often announced in the local newspapers, such as the Maryland Gazette, or the Virginia Gazette. Debates surrounding these local laws were also printed in the local newspapers, so colonial newspapers are often excellent sources of information regarding colonial laws in the making.
Session laws were published more regularly, but each colony and then state varied how and when it issued them. After the Revolution, each state continued this sporadic printing of state statutes, and many states did not start to codify their laws until well into the 19th century.
All early printed state statutes published before 1840 are housed in Special Collections, and must be used there. State statutes published after 1840 and that are superseded, are housed in the Historic Code Collection, in closed compact stacks. Check the library catalog for call numbers and locations. Contact a staff member at the Circulation Desk, in Access Services for access to the historic statutes in the compact stacks. The law library does have some early American newspapers on microfilm in the Media section of the Library, but it is an incomplete set. Complete sets of early American newspapers on microfilm, often with indexes are available for research at the Library of Congress Periodical Reading Room in the Madison Building, and also at local universities and state archives.
All printed state and colonial ,statutes at largeŠ are available on microfilm in Media Services on the third floor of the Library, East side. There are generally no indexes to these state statutes and the quality of the film is uneven.
C. Early Federal Law Reports & Digests
United States. Supreme Court. United States Reports: Cases Adjudged in the Supreme Court. Volumes 1-90. Various publishers, 1790-1874.
The title varies, especially with the first 4 volumes by Dallas:
Reports of Cases Ruled and Adjudged in the Courts of Pennsylvania Before and Since the Revolution (1 Dallas) covers cases from 1754 to 1789.
Reports of Cases Ruled and Adjudged in the Several Courts of the United States and of Pennsylvania held at the Seat of the Federal Government (2-4 Dallas) cover cases from 1781 to 1806.
The U.S. Supreme Court was created in 1789 by the Judiciary Act of September 24, 1789 (1 Stat.73), and organized in 1790. The first U.S. Reports, however, were reports of cases in the courts of Pennsylvania and ,the several courts of the U.S.,Š and did not become the reports of the Supreme Court until 1804. The first 90 volumes are named reports, from 1790 to 1874; they were reported by specific individuals, and are often called by the name of the reporter: 1 Cranch, or 4 Dallas. Here is a list of the first 90 volumes and their corresponding named reports:
|1-4 Dallas||1-4 U.S. Reports|
|1-9 Cranch||5-13 U.S. Reports|
|1-12 Wheaton||14-25 U.S. Reports|
|1-41 Peters||26-41 U.S. Reports|
|1-24 Howard||42-65 U.S. Reports|
|1-2 Black||66-67 U.S. Reports|
|1-23 Wallace||68-90 U.S. Reports|
The Federal Cases, Comprising Cases Argued and Determined in the Circuit and District Courts of the United States From the Earliest Times to the Beginning of the Federal reporter [1789-1880]. 31 vols. St. Paul: West, 1894-97.
This set includes an index, tables and a digest.
The American Decisions, Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, From the Earliest Issue of the State Reports  to the Year 1869. 103 vols. San Francisco: A. L. Bancroft and Company, 1870.
Each volume is actually 2 volumes in 1. Includes a 3 volume index.
The American Reports Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States, With Notes and References ... [1869-1887]. 102 volumes. San Francisco: Bancroft-Whitney, 1871-88
Includes an index.
D. Colonial & Early State Law Reports & Digests
The original 13 American colonies reported court cases unofficially in a variety of ways, depending on the time period and the colonial governments of each area. For original colonial cases, early newspapers are often the only available sources. Most colonial governments controlled the local papers, and used them to report on court proceedings. Some colonies established early case reporting, but none of it is official or printed in any consistent fashion. After the American Revolution, each state published its reports of cases individually, and often reprinted earlier case reports. Many of the early ,reportersŠ were also reporters for the early Federal reports. For a list of the earliest colonial and state case reports, consult the Finding aid to Early American Court Reporters, available in Special Collections. The library has almost all the early state reports, either reprinted and in the Library by state, or in original form, in Special Collections.
The digest listed below is a good tool for researching early cases across more than 1 state.
Century Edition of The American Digest; a Complete Digest of All Reported American Cases From the Earliest Times  to 1896. 50 vols. St. Paul: West, 1897-1904.
Also now available online at HeinOnline.
E. Collections of Trials
Just a few are listed here.
The Making of Modern Law
Clinton, Henry Lauren. Celebrated Trials, With Nine Portraits. New York: Harper & Bros., 1897.
Includes such trials as the trial of A. Oakley Hall, Mayor of New York and the Cunningham-Burdell murder case.
HV6524 .D75 1991
Duke, Thomas Samuel. Celebrated Criminal Cases of America. Montclair, N.J.: Patterson Smith, 1991.
Reprint of the original 1910 edition.
KF220 .F76 1997
Frost-Knappman, Elizabeth & Kathryn Cullen-DuPont. Women's Rights on Trial: 101 Historic Trials From Anne Hutchinson to the Virginia Military Institute Cadets. Detroit: Gale, 1997.
Lawson, John Davison, ed. American State Trials: A Collection of the Important and Interesting Criminal Trials Which Have Taken Place in the United States From the Beginning of Our Government to the Present Day. 16 vols. St. Louis: Thomas Law Books, 1914-1936.
Includes an index to the first 14 vols.
KF220 .W48 1849 Quarto
Wharton, Francis. State Trials of the United States During the Administrations of Washington and Adams With References, Historical and Professional, and Preliminary Notes on the Politics of the Times. Philadelphia: Carey and Hart, 1849.
F. Individual Trials
Check under individual defendants names in the Library‰s catalog for individual trials availability.
KF223.S4 L55 1807 Quarto
Lloyd, Thomas. The Trials of William S. Smith, and Samuel G. Ogden, For Misdemeanours, Had in the Circuit Court of the United States For the New-York District, in July, 1806. With a Preliminary Account of the Proceedings of the Same Court Against Messrs. Smith & Ogden, in the Preceding April Term. New York: Printed by and for I. Riley and Co., 1807.
VI. General American Legal Sources
These are general sources on the early history of American law. Only a few titles are listed here.
Billias, George A., ed. Law and Authority in Colonial America: Selected Essays. Barre, Mass.: Barre Publishers, .
Brown, Elizabeth G. British Statutes in American Law, 1776-1836. Ann Arbor, Mich.: University of Michigan Law School, 1964.
Chase, Anthony. Law and History: The Evolution of the American Legal System. New York: New Press, 1997.
KF4541 .C835 2001
Currie, David P. The Constitution in Congress: The Jeffersonians, 1801-1829. Chicago: University of Chicago Press, 2001.
KF4541 .C83 2005
Currie, David P. The Constitution in Congress: Democrats and Whigs, 1829-1861. Chicago: University of Chicago Press, 2005.
KF385 .D36 1823r
Dane, Nathan. A General Abridgment and Digest of American Law, With Occasional Notes and Comments. 9 vols. Taiwan: [s.n., 198-?]. Reprint of Boston: Cummings, Hilliard, 1823-29.
WILLIAMS & SPECL
Fleming, Donald, & Bailyn, Bernard, eds. Law in American History. Boston: Little, Brown, .
KF385.A4 F7 2002
Friedman, Lawrence M. American Law in the 20th Century. New Haven: Yale University Press, 2002.
KF9223 .F75 1993
Friedman, Lawrence M. Crime and Punishment in American History. New York: BasicBooks, 1993.
Friedman, Lawrence M. A History of American Law. Revised ed. New York: Simon & Schuster, 1985.
KF352 .A7 H35 2005
Hall, Kermit L. et al. American Legal History: Cases and Materials. 3rd ed. New York: Oxford University Press, 2005.
Hall, Kermit. A Comprehensive Bibliography of American Constitutional and Legal History, 1896-1979. 5 vols. Millwood, N. Y.: Kraus International Publications, 1984.
Hall, Kermit. A Comprehensive Bibliography of American Constitutional and Legal History, Supplement, 1980-1987. 2 vols. Millwood, N. Y.: Kraus International Publications, 1991. A supplement to the 1984 edition.
Harmon, Robert B. The American Legal System: A Bibliographical Survey. Monticello, Ill.: Council of Planning Librarians, 1978.
KF380 .H67 1992
Horwitz, Morton J. The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy. New York: Oxford University Press, 1992.
KD532.Z9 K44 1990
Kempin, Frederick G. Historical Introduction to Anglo-American Law in a Nutshell. 3rd ed. St. Paul: West, 1990.
Morris, Richard B., ed. Studies in the History of American Law, With Special Reference to the Seventeenth and Eighteenth Centuries. 2nd ed. New York: Octagon Books, 1974.
KF4541 .O54 2005
O'Neill, Johnathan G. Originalism in American Law and Politics: A Constitutional History. Baltimore: Johns Hopkins University Press, 2005.
KF425 .P67 1999
Popkin, William D. Statutes in Court: The History and Theory of Statutory Interpretation. Durham N.C.: Duke University Press, 1999.
KF352.A7 P73 2000
Presser, Stephen B. & Jamil S. Zanaildin. Law and Jurisprudence in American History: Cases and Materials. 4th ed. St. Paul, Minn.: West Group, 2000.
KF394.Z9 R4 1977r
Reinsch, Paul S. English Common Law in the Early American Colonies. New York: Gordon Press, 1977. Reprint of the 1899 ed., Madison, Wisc.: University of Wisconsin.
VII. Commentaries on the Law
A. Blackstone's Commentaries on the Laws of England
Blackstone's Commentaries is often the first place one will look for an explanation of English law. There are over 80 editions of Blackstone's Commentaries in the Law Library. Most often, it is the first English edition, the first American edition, or Tucker's edition (see below) that is needed. The reprints are listed here, as well as a few of the best editions in Special Collections. Some American editions are important to use if one is doing research on American and English cases in Blackstone. They are still in the stacks under the call number KF385. B55, and quite a few are available in media on microfiche. In some cases, a specific edition is needed. There is a finding aid to all the editions (reprints, microfiche or original) of Blackstone's Commentaries available in Special Collections. A few editions are available in full print and keyword searchable on the web, such as http://www.lonang.com/exlibris/blackstone.
Blackstone, William. Commentaries on the Laws of England. 4 vols. Reprint ed. of London: W. Strahan and T. Cadell, 1783. New York: Garland, 1978.
KD660.B52 1765 1979
Blackstone, William. Commentaries on the Laws of England. 4 vols. Facsimile reprint ed. of the 1st ed. of 1765-69. Chicago: University of Chicago Press, 1979.
KD660.B4 1786 Quarto
Blackstone, William. Commentaries on the Laws of England. 4 vols. 3rd ed. Oxford: Clarendon Press, 1768.
KD660.B4 1771 Quarto Rdg. Rm.
Blackstone, William. Commentaries on the Laws of England. 5 vols. 1st American ed. Philadelphia: Robert Bell, 1771.
Blackstone, William. Blackstone's Commentaries, With Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of the Commonwealth of Virginia. 5 vols. Edited by St. George Tucker. Buffalo, N.Y.: Dennis & Co., 1965
Reprint of 1st American ed.: Philadelphia: William Young Birch & Abraham Small, 1803. Buffalo, N.Y.: Dennis & Co., 1965. Original edition available in Special Collections: SPECL KD660 .B4 T8 1803 Quarto Rdg Rm.
B. Cokes' Institutes of the Laws of England
Coke's Institutes are in four parts, and known equally well as "Coke's Institutes" or "First Part of the Institutes, Second Part of the Institutes," etc. Cites to Coke's Institutes are usually in the following form: 2 Inst., 1 Inst., etc. The First part of Coke's Institutes is also known as Coke on Littleton, or Littleton's Tenures. Listed here are the reprints, and some of the original editions available in the Library and Special Collections. Microfiche editions are also available in Media.
Coke, Edward. Institutes of the Laws of England. 3 vols. Reprint of: London: Society of Stationers, 1628. New York: Garland, 1979. (Parts 1, 3 & 4 only).
International and Foreign Law, also has the 1985 and 1986 reprint eds.
KD600.C64 1670 Folio Rdg. Rm.
Coke, Edward. The First Part of the Institutes of the Laws of England, or a Commentarie Upon Littleton. 8th ed. London: Society of Stationers, 1670.
KD600.C64 1817 Quarto
Coke, Edward. Institutes of the Laws of England. 7 vols. 17th ed. London: W. Clarke, et al., 1817.
C. Kent's Commentaries
There are over 40 different editions of Kent's Commentaries, many of them available in microfiche. The first edition and its reprint are listed below.
Kent, James. Commentaries on American Law. 4 vols. Reprint of 1826-1830 ed. New York: Da Capo Press, 1971.
KF385.K418 1826 Quarto
Kent, James. Commentaries on American Law. 4 vols. New York: O. Halsted, 1826-1830.
VIII. Dictionaries & Thesauri
Listed here are just a few dictionaries and legal thesauri, which may be useful when using antiquated materials, especially those before the 18th century. Modern dictionaries are helpful only if they give a root explanation to a particular term or if they trace the term's history. Other dictionaries listed here are especially useful for Law French or Latin translations. A list of legal dictionaries in the Library and in Special Collections is available from the Special Collections Librarian. Also check the Online Guide for Legal History Research for additional sites for legal dictionaries.
Black, Henry Campbell. Black's Law Dictionary. 7th ed. St. Paul, Minn.: West Group, 1999.
There are many more editions of Black's Law Dictionary available in the stacks of the Library.
KF156 .B53 1891 Quarto
Black, Henry Campbell. A Dictionary of Law, Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern; Including the Principal Terms of International, Constitutional, and Commercial Law. With a Collection of Legal Maxims and Numerous Select Titles From the Civil Law and Other Foreign Systems. 1st ed. St. Paul, Mn.: West Publishing Co., 1891.
The 2nd edition published in 1910 is also available in Special Collections.
Burton, William C. Burton's Legal Thesaurus. 3rd ed. New York: Macmillian Library References, 1999.
Cowell, John. The Interpreter. New York: Da Capo Press, 1970. Reprint of Cambridge: J. Legate, 1607.
This is a reprint of the 1607 edition, which is very useful for early obscure legal terms.
KD313.C6 1727 Folio
Cowell, John. A Law Dictionary: Or, The Interpreter of Words and Terms, Used Either in the Common or Statute Laws of Great Britain, and in Tenures and Jocular Customs. London: E. and R. Nutt, and R. Gosling, 1727.
KD313.C64 1811 Quarto
Jacob, Giles. The Law Dictionary: Explaining the Rise, Progress, and Present State of the English Law. 6 vols. 1st American ed. from 2nd London. Philadelphia: P. Byrne, 1811.
KD661.J33 1817 Octavo
Jacob, Giles. A Law Grammar: or, Rudiments of the Law. 6th ed. London: W. Clarke and Sons, 1817.
KD313.T64 1835 Quarto
Tomlins, Thomas E. The Law-Dictionary, Explaining the Rise, Progress, and Present State of the British Law. 4th ed. 2 vols. London: J. and W.T. Clarke, 1835.
Walker, David M. The Oxford Companion to Law. Oxford; New York: Oxford University Press, 1980.
Also available in the stacks of the Library.
IX. Newspapers & Journals Resources
Early American colonial newspapers, such as the Maryland Gazette, or the Pennsylvania Gazette, were often the only place official legal documents and proceedings were printed. So too will early British newspapers, such as the London Times or the Observer include such original materials. In the late 19th century, newspapers such as the New York Times or the Washington Star also carried the more sensational criminal proceedings of the day. Some, such as the Chicago Legal News were devoted to legal news exclusively. Many of these printed sources are available on microfilm, and a few are starting to be digitized online. The Library of Congress Periodical Reading Room is a very good place to go for indices to obscure early newspapers, and for many of the microfilm editions of these papers.
Law journals do not become widespread in the United States until the late 19th century, yet they too existed to report on legal news. The Index to Legal Periodicals, until recently available online only from 1980, is now available from the 1700s. Most law journals are now also available in electronic format, as well as microfilm and paper formats, through Hein Online. Law journal articles, no matter when published, are excellent sources of secondary and primary information, and should not be neglected.
Many small newspapers existed in the 17th and 18th centuries, and are valuable for the information they contain. For a check on what is available at the Law Library, search under the series Early English Newspapers, or the subject Great Britain -- History -- George II-III, 1727-1820 - Newspapers
1. English Newspapers
AP3 .M52 Micro
The Aberdeen Magazine, Or, Universal Repository. 3 vols.Aberdeen: Printed by and for Burnett and Rettie, 1796-1798.
AP3 .M52 Micro
The Adventurer. London: Printed for J. Payne, 1753-1754. 3 vols. Semiweekly.
D2 .A7 1758
Annual Register, Or, a View of the History, Politics, and Literature for the Year... 140 vols. London: Printed for J. Dodsley, 1758-1898.
Also available in Media, but microfilm set is incomplete, from 1791 to 1837.
AP3 .M52 Micro
The Anti-Jacobin Review and Magazine. 35 vols. London : J. Whittle, 1799-1810.
Continued by the Anti-Jacobin Review and True Churchman's Magazine
AP3 .M52 Micro
The British Journal. 277 issues. Weekly. London: T. Warner, 1722-1728.
Continued by the British Journal, Or, The Censor
AP4 .G3 1731
The Gentleman's Magazine, Or, Monthly Intelligencer. 5 vols. London: R. Newton [i.e. E. Cave], 1731-1735.
AP4 1731 .G3 1736
The Gentleman's Magazine and Historical Chronicle. 94 vols. London: E. Cave, 1736-1850.
Both of these magazine are annual chronicles of everyday life in England, and include obituaries, book reviews, letters, birth announcements, news related to the Crown, politics, arts, literature and much more.
The London Times. London: Times newspapers, Ltd., 1788-.
Available on microfilm at the law library only, and online at Lauinger Library only.
2. American Newspapers
New York Times. New York: ProQuest Information & Learning, 2002. Online at:
This database offers full-page-images and article images from the New York Times from its first issue in 1851 to three years before the current date. The collection includes digital reproductions of every page from every issue, cover to cover, in downloadable PDF files. Another way to access is to connect to Pro Quest through the Library‰s database list, and click on New York Times Historical. This is an extraordinary full-text searchable database. The New York Times is also available through LexisNexis, Westlaw, from the mid 1980s, and on microfilm.
The Wall Street Journal. 1889-.
The Washington Post. Washington, DC: Washington Post, 1877-.
Available in microfilm, in LexisNexis and Westlaw, and online from 1877 to 1988. See
The Evening Star. Washington, DC: Evening Star Newspaper, 1852-1972.
Also known as the Washington Star, this local newspaper is the better of the two around Washington in the 19th century, the other being the Washington Post. It is only available on microfilm, with a very poor index, so any searching of this newspaper must be done with a lot of time.
The earliest American law journals are from the second half of the 19th century, but they are still very valuable as sources of legal information. Most of the law journals are available in paper format, before 1980, on the first floor of the Law Library, though the collection is incomplete. Microfilm versions of most of the law journals are also available in the Law Library, on the 3rd floor, in Media. The easiest way to search them, though is through Hein Online. Non-legal journals should not be neglected. Indices to both of these times of journals are available in the library and online.
This is a digital collection of most, if not all, American law journals from their first issues to their current ones. The database is searchable, and can be printed or downloaded. It is slow to work, and does not work well in Netscape. Use Microsoft Explorer. You can only access it through the Library‰s database collection online, and you will need your user name and ID to get in offsite. Instead of trying to print anything that you need, try to either save it to a disc or CD, or too your computer, or make a note of the cite, and find it in the paper format.
An Index to Legal Periodical Literature. 4 vols. Boston : C.C. Soule, 1888-1939
The earliest journal articles from England, Canada, Australia and the United States are indexed here. This is also known as Jones‰ Index. It is not yet available online, but should be within the next year. Also know as ILP, it is available online through the Law Libraries catalog GULLiver. For journal articles after 1980, use LexisNexis or Westlaw.
Index to Foreign Legal Periodicals. London: Institute of Advanced Legal Studies, University of London, 1960-.
X. Crime & Punishment - General Works
The history of crime and punishment has roots back in time, to Roman and Greek times, to the Middle Ages, with its punishments of stoning, burning, quartering, whipping, drowning and other violent acts. The administration of justice, criminal law and codes, penal institutions, transportation and colonization, are all part of the history of crime and punishment. Outlined below are some of the more interesting and useful works on the history of crime and punishment in England, Europe, America and Australia. Below here are general works, with a few biographies of those authors who were important writers in the analysis of criminal law. There are many more works available in the library than can be described here.
B1574.B33 I5 1996r
Bentham, Jeremy. An Introduction to the Principles of Morals and Legislation. Reprint of London, New York: Methuen, 1982. Oxford: Clarendon Press, 1996.
Bentham, Jeremy. The Works of Jeremy Bentham. 11 vols. Reprint of: Edinburgh: W. Tait, 1843. Bristol: Thoemmes, 1995.
KD7865 .S44 1997
Bentley, D.R., ed. Select Cases from the Twelve Judges' Notebooks. London: J. Rees, 1997.
KDC910 .F37 1997
Farmer, Lindsay. Criminal Law, Tradition, and Legal Order: Crime and the Genius of Scots Law, 1747 to the Present. Cambridge: Cambridge University Press, 1997.
KF4545.S5 F59 1987
Flanigan, Daniel J. The Criminal Law of Slavery and Freedom, 1800-1868. New York: Garland Pub., 1987.
HV9960.G72 E544 2001
Follett, Richard R. Evangelicalism, Penal Theory, and the Politics of Criminal Law Reform in
England, 1808-30. New York: Palgrave, 2001.
Foundations of Criminal Law. New York: Oxford University Press, 1999.
Includes works by Kent Greenawalt, Richard Posner, Jeremy Bentham, Immanuel Kant and many more, on crime, punishment and violence.
KF9219 .H39 1985
Henderson, Dwight F. Congress, Courts, and Criminals: The Development of Federal Criminal Law, 1801-1829. Westport, Ct.: Greenwood Press, 1985.
History of Criminology. Aldershot, England; Brookfield, Vt.: Dartmouth, 1994.
Includes essays by Jeremy Bentham, Samuel Romilly, Daniel Defoe and more on crime, punishment, prisons, criminal psychology and more.
KF9223 .K47 1993
Kerr, Derek Noel. Petty Felony, Slave Defiance, and Frontier Villainy: Crime and Criminal Justice in Spanish Louisiana, 1770-1803. New York: Garland Pub., 1993.
KF9390.A7 T74 1998
Kittrie, Nicholas N. & Eldon D. Wedlock, Jr. The Tree of Liberty: A Documentary History of Rebellion and Political Crime in America. Rev. ed. Baltimore: Johns Hopkins University Press, 1998.
KD8220 .L36 2003
Langbein, John H. The Origins of Adversary Criminal Trial. Oxford: Oxford University Press, 2003.
KF9223 .M38 1993
McManus, Edgar J. Law and Liberty in Early New England: Criminal Justice and Due Process, 1620-1692. Amherst: University of Massachusetts Press, 1993.
KF9225 .P47 2000
Pestritto, Ronald J. Founding the Criminal Law: Punishment and Political Thought in the Origins of America. DeKalb: Northern Illinois University Press, 2000.
KU3420 .N37 1994
Philips, David & Susanne Davies, eds. A Nation of Rogues? Crime, Law and Punishment in Colonial Australia. Carlton, Victoria: Melbourne University Press, 1994.
Phillipson, Coleman. Three Criminal Law Reformers: Beccaria, Bentham, Romilly. Montclair, N.J.: P. Smith, 1970.
Rafter, Nicole H. Encyclopedia of Women and Crime. Phoenix, Az.: Oryx Press, 2000.
KFC4195 .S74 2005
Steenburg, Nancy Hathaway. Children and the Criminal Law in Connecticut, 1635-1855: Changing Perceptions of Childhood. New York: Routledge, 2005.
KUC379.5 .W66 2002
Woods, G. D. A History of Criminal Law in New South Wales: The Colonial Period, 1788-1900. Sydney: Federation Press, 2002.
XI. Crime & Punishment in England & Europe - Secondary Sources
This is just a sample of secondary sources available on the history of crime and punishment in the law library. There are many more materials available.
KJV3747 .A53 1994
Andrews, Richard Mowery, Law, Magistracy, and Crime in Old Regime Paris, 1735-1789. New York: Cambridge University Press, 1994.
KD8371.A7 1986r Octavo
Archbold, John F. A Summary of the Law Relative to Pleading and Evidence in Criminal Cases. London: Sweet and Maxwell, 1986. Reprint edition of London: R. Pheney, et al., 1822.
Special Collections also has the 1824 ed. There are more modern continuations of this title in International and Foreign Law, under the title: Archbold‰s Pleading, Evidence, and Practice in Criminal Cases.
Beattie, J.M. Crime and the Courts in England, 1660-1800. Princeton: Princeton University Press, 1986.
Bellamy, John G. Crime and Public Order in England in the Later Middle Ages. London: Routledge & Kegan Paul, 1973.
HV9960.G7 C73 1996
Briggs, John et al. Crime and Punishment in England: An Introductory History. London: UCL Press, 1996.
Chitty, Joseph. A Practical Treatise on the Criminal Law. 5 vols. Reprint of London: A.J. Valpy, 1816. New York: Garland, 1978.
Special Collections also has the 1819 and 1847 editions.
Cockburn, J.S. Crime in England, 1550-1800. Princeton: Princeton University Press, 1977.
KD8400.A75 T94 1988
Cockburn, J.S. and Thomas A. Green. Twelve Good Men and True: The Criminal Trial Jury in England, 1200-1800. Princeton: Princeton University Press, 1988.
Forsuth, William. History of Trial by Jury. 2nd ed. Union, N.J.: Lawbook Exchange, 1994. Reprint of London: J.W. Parker, 1852.
The 1875 New York: J. Cockcroft ed. is on microfiche in Media [K150 .N45 Mfiche] (19th Century Legal Treatise, no. 57560-57564).
Gatrell, V.A.C. The Hanging Tree: Execution and the English People, 1770-1868. Oxford: Oxford University Press, 1994.
Green, Thomas A. Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800. Chicago: University of Chicago Press, 1985.
KD7850.H34 1736 Folio
Hale, Matthew. Historia Placitorum Coronae. The History of the Pleas of the Crown. 2 vols. [London]: F. Gyles, et al., 1736.
Special Collections also has the 1847 edition.
Hale, Matthew. Pleas of the Crown: A Methodical Summary. London: Professional Books, 1982.
Reprint of 6th London ed.: A Methodical Summary of the Law Relating to the Pleas of the Crown. 2 vols. London: J. Worrall, 1759, in Special Collections. [SPECL S-1149. S-1150]
KD7850.H3 P4 1716 Octavo
Hale, Matthew, Pleas of the Crown: In Two Parts. Or, A Methodical Summary of the Principal Matters Relating to That Subject. London: for D. Brown, et al., 1716.
HV6949.E5 H35 1979
Hanawalt, Barbara, Crime and Conflict in English Communities, 1300-1348. Cambridge: Harvard University Press, 1979.
Hawkins, William, A Treatise of the Pleas of the Crown. 2 vols. New York: Garland, 1978. Reprint of London: J. Walthoe 1716-1721.
Special Collections also has the 1724, 1739, 1788, 1795 and 1824 editions.
Hay, Douglas, et al., Albion‰s Fatal Tree: Crime and Society in Eighteenth Century England. 1st American ed. New York: Pantheon Books, 1975.
K1705.4 .L33 1987
Hay, Douglas & Francis G. Snyder, Labour, Law and Crime: A Historical Perspective. London: Tavistock Publications, 1987.
Heppenstall, Rayner, Reflections on the Newgate Calendar. London: W.H. Allen, 1975.
Jeudwine, John W., Tort, Crime, and Police in Mediaeval Britain: A Review of Some Early Law and Custom. Littleton, Co.: F.B. Rothman, 1983. Reprint of London: Williams & Norgate, 1917.
KD612 .L38 2002
Landau, Norma, ed., Law, Crime and English Society, 1660-1830. Cambridge: Cambridge University Press, 2002.
Pike, Luke Owen, A History of Crime in England: Illustrating the Changes of the Laws in the Progress of Civilization. 2 vols. Buffalo, N.Y.: William S. Hein, 1983. Reprint of London: Smith Elder ed., 1873-1876.
Radzinowicz, Leon, A History of English Criminal Law and its Administration From 1750. 5 vols. London: Stevens, 1948-.
KD7885.C3R6 1770 Quarto vol. 1
Samuel Romilly, Samuel, Observations on the Criminal Law of England, As it Relates to Capital Punishment, and On the Mode in Which It is Administered (Tracts and Opinions on the Punishment of Death. Vol. 1). London: T. Cadell and W. Davies, 1810.
Part of a 2-volume set on Tracts and Opinions on the Punishment of Death.
HV6949.E5 R83 1985
Rude, George F.E., Criminal and Victim: Crime and Society in Early Nineteenth-Century England. Oxford: Oxford University Press, 1985.
Schioppa, Antonio Padoa, ed., The Trial Jury in England, France, Germany, 1700-1900. Berlin: Duncker & Humbolt, 1987.
Includes: John H. Langbein, ,The English Criminal Trial Jury on the Eve of the French Revolution,Š and Thomas A. Green, ,The English Criminal Trial Jury and the Law-Finding Traditions on the Eve of the French Revolution.Š
HV6949.E5 T6 1979
Tobias, John Jacob, Crime and Police in England, 1700-1900. New York: St. Martin‰s Press, 1979.
Weisser, Michael R. Crime and Punishment in Early Modern Europe. Atlantic Highlands, N.J.: Humanities Press, 1979.
KD7882 .W43 2001
Weatherford, John W. Crime and Punishment in the England of Shakespeare and Milton, 1570-1640. Jefferson, N.C.: McFarland, 2001.
XII. Crime & Punishment in England & Europe - Primary Sources
There are numerous primary materials available in the library on crime and punishment in England and Europe. Only a few are listed here. Search for materials under Crime, Crime and Punishment, Capital Punishment, Criminals, Punishment, Penal Colonies, Prisons, etc.
K5103.B3 1769 Octavo
Beccaria, Cesare. An Essay on Crimes and Punishments. 2d ed. London: Printed for F. Newbery, 1769.
The Complete Newgate Calendar. 5 vols. London: Navarre Society, 1926.
Mews, John. Digest of Cases Relating to Criminal Law From 1756 to 1883 Inclusive. Austin, Tx.: Booklab, 1995. Reprint of London: H. Sweet, 1884.
The Newgate Calendar. London: Folio Press, 1974. Reprint of London: Folio Society,1951.
K150.N45 Mfiche 53816-53818
Newman, Alan. Criminal Executions in England. With Remarks on the Penal Code, Prison Disciplines and Abuses, and Other Subjects Connected With the Punishment and Prevention of Crime. London: B. Steill, 1830. Reprint microfiche, 19th Century Legal Treatises: Woodbridge, Ct.: Research Publication 1990.
Includes extracts from the writings of Dr. Johnson, Jeremy Bentham, Blackstone, Colquhoun and others.
Stephen, James F. A Digest of the Criminal Law (Crimes and Punishments). Littleton, Co.: F.B. Rothman, 1991. Reprint of St. Louis: F.H. Thomas, 1878.
Also available 4th London 1887 ed. KD7869 .S69 1887
Ticket-of-Leave Man. Convict Life: Or, Revelations Concerning Convicts and Convict Prisons. Austin, Tx.: BookLab, 1995. Reprint ed. London: Wyman & Sons, 1879.
XIII. Crime & Punishment in America - Secondary Sources
Here are general secondary sources for crime and punishment in the United States, and during its colonial times, as well as some more specific works on capital punishment. Works on transportation of convicts, prisons, and convict women are also listed in this finding aid under Crime & Punishment - Prisons, Crime & Punishment - Transportation, and Crime & Punishment - Women.
Alix, Ernest Kahlar. Ransom Kidnapping in America, 1874-1974: The Creation of a Capital Crime. Carbondale, Il.: Southern Illinois University Press, 1978.
HV8699.U5 C3 1997
Capital Punishment in the United States: A Documentary History.Westport, Ct.: Greenwood Press, 1997.
Henderson, Dwight F. Congress, Courts, and Criminals: The Development of Federal Criminal Law, 1801-1829. Westport, Ct.: Greenwood Press, 1985.
Murchison, Kenneth M. Federal Criminal Law Doctrines: The Forgotten Influence of National Prohibition. Durham, N.C.: Duke University Press, 1994.
Pestritto, Ronald J. Founding the Criminal Law: Punishment and Political Thought in the Origins of America. DeKalb, Il.: Northern Illinois University Press, 2000.
HV9955.M3 S45 1996r
Semmes, Raphael. Crime and Punishment in Early Maryland. Baltimore: Johns Hopkins University Press, 1996.
KF9390.A7 T74 1986
The Tree of Liberty: A Documentary History of Rebellion and Political Crime in America.Baltimore: Johns Hopkins University Press, 1986.
Revised ed., 1998 also available: KF9390 .A7T74 1998
Wharton, Francis. A Treatise on the Criminal Law of the United States: Comprising a Digest of the Penal Statutes of the General Government and of Massachusetts, New York, Pennsylvania, and Virginia. Philadelphia: J. Kay, Jr., & Brother, 1846.
Also in microfiche.
XIV. Crime & Punishment in America - Primary Sources
Here are listed a few primary materials on criminal law in the United States. Other source materials include the general digests, state and federal reports available in the library.
American Criminal Reports: A Series Designed to Contain the Latest and Most Important Criminal Cases Determined in the Federal and State Courts in the United States.15 vols. Chicago: Callaghan & Co., 1878-1909.
Library has incomplete set.
Criminal Law Digest: A Topically Classified Digest of Significant Decisions on Criminal Law and Procedure, Including those Published in the Criminal Law Bulletin, Vols. 1-13.2 vols. Boston: Warren, Gorham & Lamont, 1978). Vol. 1: State; Vol. 2: Federal. Updated with supplements.
The Criminal Law Magazine. 6 vols. Jersey City: Frederick D. Linn & Co.,1880-1885.
Also in microfiche. Continued by The Criminal Law Magazine and Reporter.
The Criminal Law Magazine and Reporter.12 vols. Jersey City: Frederick D. Linn & Co., 1886-1896.
Also in microfiche.
American State Trials: A Collection of the Important and Interesting Criminal Trials Which Have Taken Place in the United States From the Beginning of Our Government to the Present Day. 17 vols. John D. Lawson, ed., St. Louis: Thomas Law Books, 1914-1926.
K150.N45 Mfiche 36915-36918
Matthews, James M. Digest of the Laws of Virginia of a Criminal Nature: Illustrated by Judicial Decisions.Richmond: West & Johnson, 1861. Reprinted in 19th Century Legal Treatise, Woodbridge, Ct.: Research Publications, 1988.
PS648.C7 P54 1993
Pillars of Salt: An Anthology of Early American Criminal Narratives. Madison, Wi.: Madison House, 1993.
Swift, Zephaniah. A Digest of the Law of Evidence, in Civil and Criminal Cases. New York: Arno Press, 1972. Reprint of the 1810 ed.
Waterman, Thomas W. A Digest of Decisions in Criminal Cases, Contained in the Reports of the Federal Courts and the Courts of the Several States, From the Earliest Period to the Present Time. New York: Baker, Voorhis, 1877.
XV. Crime & Punishment ‹ Prisons ‹ General Works
Just a few treatises on prisons are listed here. There are many more materials on prisons and penal institutions from the 19th century on microfiche, as well as included in other, more general treatises on crime, and also included in the study of the transportation of convicts to America, Australia, and New South Wales. Check out other materials listed in this finding aid under Prisons ‹ The Old Bailey, Transportation, Women, and English and American primary and secondary sources.
K150.N45 Mfiche 33689
Bentham, Jeremy. A Plea for the Constitution. Shewing the Enormities Committed to the Oppression of British Subjects...in and by the Design, Foundation and Government of the Penal Colony of New South Wales. London: Mawman Poultry, 1803. Reprint microfiche, 19th Century Legal Treatises, Woodbridge, Ct.: Research Publication, 1988.
Incarcerating Criminals: Prisons and Jails in Social and Organization Context. New York: Oxford University Press, 1998.
Includes essays on women in prisons, history of crime, history of prisons.
Semple, Janet. Bentham‰s Prison: A Study of the Panopticon Penitentiary. Oxford: Clarendon Press; New York: Oxford University Press, 1993.
Includes information on the Penitentiary Act of 1779 and the Hard Labour Bill, and the Panopticon bill of 1794.
XVI. Crime & Punishment ‹ Prisons ‹ The Old Bailey
The Old Bailey Sessions House and the adjacent Newgate Prison in London witnessed the proceedings of the criminal trials for the City of London and County of Middlesex. The Sessions were held eight times a year, starting roughly each November, following the election of the Lord Mayor of London. The criminal court system was completely overhauled in 1834 with the creation of the Central Criminal Court.
In these trials, men, women and children were accused of felonies ranging from shoplifting to homicide, and more often than not found guilty, sent off to be executed, whipped, branded or transported. These proceedings were occasionally published during the 1670s in pamphlet form often under titles such as News From the Sessions House in the Old Bailey. These commercial publications were poorly printed, but very popular, and few of them survived. By the 1680s, booksellers negotiated with the Lord Mayors for the right to print the criminal sessions, eight times a year, in a more regular format, under the title The Proceedings on the King‰s Commission of the Peace, Oyer and Terminer, and Gaol Delivery of Newgate, Held for the City of London and County of Middlesex at Justice Hall in the Old Bailey, commonly called The Proceedings, also called The Old Bailey Session Papers [OBSP]. The title changed in 1834, with the creation of the Central Criminal Court, but the coverage remained the same.
The library has The Proceedings in complete volumes from 1729 to 1888 in Special Collections. There is also a microfilm copy of The Proceedings from 1714 to 1834, so that the library has all published trials in a continuous fashion from 1714 to 1888. The microfiche set was filmed from the set of Proceedings at the Harvard Law Library, and is often difficult to use; the print is so dark at times, it bleeds through to the other side of the paper, and becomes unreadable on the microfilm itself. The printed set in Special Collections is bound in volumes of 2-3 years each, and includes an index of punishments to each session, and a general index to the entire year.
The Old Bailey Proceedings are also now available online at http://www.oldbaileyonline.org/. This is a searchable online edition of The Proceedings of the Old Bailey, which covers the years 1674 to 1834. It contains accounts of over 100,000 criminal trials held at London's central criminal court. These are transcripts of the trials, including digital photos of the original pages. The transcripts are searchable by keyword, name, place, Crime, Verdict and Punishment, and can also be browsed by date. There are advanced searching pages, statistical searching, and associated records searching capabilities.
Research in types of crime, punishment, gender treatment, and acquittal can be done with The Proceedings, as well as analyzing crimes and punishment over the years, and following the misfortunes of those who passed through the Old Bailey. The occasional pamphlets for the years 1670 to 1714 are very rare in the United States, but they can be found using First Search and/or RLIN databases, as well as checking individual academic libraries‰ catalogs online.
The Library has a few of these individual trials published before 1714 in microfiche. Check the International Law Media area in Wolff Library, for guides to the trials on microfilm and microfiche. See also Howell‰s State Trials, and other collections of trials in Section VIII: Crime and Punishment in England and Europe ‹ Primary Works, above.
KD370.O62 1984 Pts. 1-2
The Old Bailey Proceedings, Parts One and Two [1714-1834]. Brighton, Sussex, England: Harvester Microform, 1984. 38 reels of microfilm.
Microfilm edition of the Old Bailey Proceedings from 1714 to 1834, filmed from the set at Harvard Law Library. A Listing and Guide to the Harvester Microfilm Collection accompanies the film.
KD7865.A2 G7 1730 Quarto
The Proceedings on the King‰s Commission of the Peace, Oyer and Terminer, and Gaol Delivery of Newgate, Held for the City of London and County of Middlesex at Justice Hall in the Old Bailey, , 1729-1888.167 vols. London: T. Payne, [and others],1729-1888.
Published eight times per year, and bound together in 2-3 years. An index to each session and general annual index is attached.
KD370.G7 1816 Mfilm
Central Criminal Court Sessions Papers. London: T. Booth, etc. ,1816-1913.
Popularly known as The Old Bailey Sessions Papers. Overlaps the microfilm coverage of the Old Bailey Sessions Papers, 1714-1834.
The Complete Newgate Calendar. 5 vols. London: Navarre Society, 1926.
Hopkins, R. Thurston. Life and Death at the Old Bailey. London: Herbert Jenkins, Ltd., 1935.
HV6950.L7 K5 1996r
Kingston, Charles. Dramatic Days at the Old Bailey. Holmes Beach, Fl.: Gaunt, 1996. Reprint of London: Stanley Paul, 1923.
Knapp, Andrew. The New Newgate Calendar: Being Interesting Memoirs of Notorious Characters, Who Have Been Convicted of Outrages on the Laws of England, During the Seventeenth Century, Brought Down to the Present Time. 5 vols. Buffalo, N.Y.: Dennis & Co., no date.
Lamb, Frederick. Forty Years in the Old Bailey With a Summary of the Leading Cases and Points of Law and Practice. London: Stevens & sons, Ltd.,1913.
The Newgate Calendar. London: Folio Press, 1974. Reprint of London: Folio Society, 1951.
O‰Donnell, Bernard. The Old Bailey and Its Trials. London: Clerke & Cocheran, 1950.
Select Trials at the Sessions-House in the Old Bailey. 4 vols. New York: Garland Pub., 1985. Reprint of London: John Applebee, 1742.
Covers trials from 1720 to 1741.
KD8454.N44 K55 1800 Octavo
Wilkinson, George T. The Newgate Calendar Improved: Being Interesting Memoirs of Notorious Characters Who Have Been Convicted of Offences Against the Laws of England, During the Seventeenth Century, and Continued to the Present Time, Chronologically Arranged. 6 vols. London: For Thomas Kelly, 1825.
K150.N45 Mfiche 53341-53345
Wontner, Thomas. Old Bailey Experience. Criminal Jurisprudence and the Actual Working of Our Penal code of Laws. Also, an Essay on Prison Discipline, to Which is Added a History of the Crimes Committed by Offenders in the Present Day. London: J. Fraser, 1833. Reprinted in microfiche, 1990 by Research Publications, 19th Century Legal Treatises no. 53341-53345.
XVII. Crime & Punishment ‹ Transportation
The transportation of convicts and felons to far-flung penal colonies was a popular method of punishment in the 17th, 18th and 19th centuries, and occurred in Australia, New South Wales, North America, New Guinea, Borneo and other foreign lands. England was not the only country to send its convicts away: France and Holland also transported their felons to their colonies for forced labor. There are many first hand accounts of such transportation available on microfiche in the 19th century legal treatises collection. Some are listed here. You can find others listed under women in this finding aid.
K150.N45 Mfiche 53572-53576
Colin A. Browning, Colin A. The Convict Ship and England‰s Exiles. 5th ed. London: Hamilton, Adams, 1851. Reprint microfiche, 19th Century Legal Treatises: Woodbridge, Ct.: Research Publications, 1990.
Includes an account of the convict ship Hashemy, and notices of prisoners by former ships.
Coldham, Peter W. The Complete Book of Emigrants in Bondage, 1614-1775. Baltimore: Genealogical Pub. Co.,1988. Rev. ed. of Bonded Passengers to America (1983).
HV8950.U6 C65 1992
Coldham, Peter W. Emigrants in Chains: A Social History of Forced Emigration to the Americas of Felons, Destitute Children, Political and Religious Non-conformists, Vagabonds, Beggars and Other Undesirables, 1607-1776. Baltimore: Genealogical Pub. Co., 1992.
HV8950.N6 F67 1996
Forster, Colin. France and Botany Bay: The Lure of a Penal Colony. Carlton South, Victoria, Australia: Melbourne University Press, 1996.
Hughes, Robert. The Fatal Shore: A History of the Transportation of Convicts to Australia, 1787-1868. London: Collins Harvill, 1987.
Irish University Press Series of British Parliamentary Papers. Crime and Punishment: Transportation.16 vols. Shannon: Irish University Press, 1968-1971.
Covers the period 1850-1869. Library has an incomplete collection.
K150.N45 Mfiche 54092-54094
Lang, John D. Transportation and Colonization, or the Causes of the Comparative Failure of the Transportation System in the Australian Colonies. With Suggestions for Ensuring Its Future Efficiency in Subserviency to Extensive Colonization. London: A.J. Valpy; Edinburgh: Bell & Bradfute, 1837. Reprint microfiche, 19th Century Legal Treatises: Woodbridge, Ct.: Research Publications, 1990.
A Nation of Rogues? Crime, Law and Punishment in Colonial Australia. Carlton, Victoria, Australia: Melbourne University Press, 1994.
Includes essays on convict women, on the police in Australia, and more.
HVC8950.A8 R55 1997
Representing Convicts: New Perspectives on Convict Forced Labour Migration. London; Washington: Leicester University Press 1997.
Includes essays on convict women, Indian convicts, and others.
K150.N45 Mfiche 54797
Transportation and Penal Servitude. London: W. Clowes & sons, 1863. Reprint microfiche, 19th Century Legal Treatises: Woodbridge, Ct.: Research Publications, 1990.
,A review of the report of the commissioners appointed to inquire into the operations of the acts (16 & 17 Vict. c. 99, and 20 & 21 Vict. c.3) relating to transportation and penal servitude.Š
K150.N45 Mfiche 54152-54154
Whately, Richard. Thoughts on Secondary Punishment, in a Letter to Earl Grey. London: For B. Fellows, 1832. Reprint microfiche, 19th Century Legal Treatises: Woodbridge, Ct.: Research Publications, 1990.
Includes ,two articles on transportation to new South Wales,Š and ,some observations on colonization.Š
XVIII. Crime & Punishment - Women
Women convicts were often treated differently from men, with accusations of witchcraft particularly popular during certain eras, in both England and America. Women were not spared capital punishment, though, or transportation and forced labor. Listed here are a few primary and secondary sources, some first hand accounts, of women and crime. You will also find criminal trials of women in the criminal trials reports, listed earlier in this finding aid. Also look under ,women prisoners,Š and ,female offendersŠ in the subject section of the library catalog.
HV8532.G8 B87 1992
Burford, E.J. Of Bridles and Burnings: The Punishment of Women. New York: St. Martin‰s Press; London: R. Hale, 1992.
Includes discussions on burning, drowning, whipping, the pillory and witchcraft.
KF221.W57 N37 1992r
Burr, George Lincoln, ed. Narratives of the Witchcraft Cases, 1648-1706. New York: Notable Trials Library, 1992.
Originally printed in 1914.This is also available on microfiche and online at The Making of Modern Law.
HV9475.W38 B87 1997
Butler, Anne M. Gendered Justice in the American West: Women Prisoners in Men‰s Penitentiaries. Urbana, Il.: University of Illinois Press, 1997.
Daniels, Kay. Convict Women. St. Leonard, N.S.W.: Allen & Unwin 1998.
Durston, Gregory. Moll Flanders: An Analysis of an Eighteenth Century Criminal Biography.Chichester: Barry Rose, 1997.
Analysis of Daniel Defoe‰s Fortune‰s and Misfortunes of the Famous Moll Flanders.
K150.N45 Mfiche 54481
Faithfull, Emily. Female Convicts: Discharged Without Protection, Consignment to Ruin. London: Victoria Press, 1864. Reprinted in microfiche, 19th Century Legal Treatises, Woodbridge, Ct.: Research Publications,1990).
Naish, Camille. Death Comes to the Maiden: Sex and Execution, 1431-1933. London, New York: Routledge, 1991.
O‰Shea, Kathleen A. Women and the Death Penalty in the United States, 1900-1998. Westport, Ct.: Praeger, 1999.
State by state view of capital punishment, and the methods in use.
HV8950.A8 O95 1996
Oxley, Deborah. Convict Maids: The Forced Migration of Women to Australia. Cambridge, New York: Cambridge University Press, 1996.
A study of Irish and English convict women and their treatments during transportation and labor.
Rafter, Nicole H. Partial Justice: Women, Prisons and Social Control. 2d ed. New Brunswick, N.J.: Transaction Publishers, 1990. Originally published as Partial Justice - Women in State Prisons, 1800-1935. Northeastern University Press, 1985.
HV8950.N49 R63 1993
Robinson, Portia. The Women of Botany Bay: A Reinterpretation of the Role of Women in the Origins of Australian Society.Penguin rev. ed. Ringwood, Victoria, Australia: Harmondsworth, 1993.
Zedner, Lucia. Women, Crime and Custody in Victoria England. Oxford: Clarendon Press; New York: Oxford University Press, 1991.
XIX. Crime & Punishment - Witchcraft
Historically, women were disproportionately accused and convicted of the crime of witchcraft in Europe and America, but men were also persecuted and punished for being witches. Many studies exist on the history of witchcraft but very little has been done on analyzing the legal means, legal implications and legal prosecution and punishment of the crime. A separate Guide to Witchcraft and the Law is available on resources available for the study of crime and punishment of witchcraft, for both online and traditional sources. See the Special Collections Librarian for information on this guide.
XX. Libraries as Resources
There are a wide variety of libraries available for research in the Washington, D.C. metropolitan area. In addition, the Internet makes other libraries as far away as England and Australia available. Listed here are the most important ones, through which you can start your research and jump to other resources, online or otherwise.
Edward Bennett Williams Law Library & John Wolff International & Comparative Law Library
The Edward Bennett Williams Law Library web page and catalog GULLIVER are the first stops in research. The Library's web pages will allow you to access a number of online subscription databases, such as First Search (worldwide catalog of materials in libraries), African American Biographical Database, America: History & Life (primary index for research in American history), Archives USA, HarpWeek (full text of Harper's Weekly from the Civil War era and early years of Reconstruction), Historical Abstracts, Historical Newspapers Online, Index to Legal Periodicals and Jstor ( full-text backfiles of scholarly journals in the fields of history, philosophy, political science and others), and many others.
Georgetown University Lauinger Library
The Lauinger Library at the Main campus at Georgetown University is open to Georgetown University Law Center students, staff and faculty. You can check out materials from the library, and go to the library much as you access the Edward Bennett Williams Law Library, but there are separate circulation and access policies governing Lauinger Library. Ask for information about checking out books at Access Services in the Law Center Library, or access their Library web page.
United States Library of Congress
The Library of Congress Law Library, Manuscripts Division and Periodicals Reading Room are all in the Madison Building of the Library of Congress (building closest to the Orange Line Metro stop). The Law Library contains much of the same materials at Georgetown, but they also have some rare books and manuscripts that are unavailable elsewhere. The Manuscripts Division houses many special collections of papers and manuscripts related to the history of the United States. The Periodical Reading Room includes many historical newspapers and journals on microfilm and microfiche that are unavailable elsewhere. All three divisions have many reference and research specialists who can help. In addition, there are other reading rooms that can be valuable resources in your research: The main Reading Room and Reference alcoves in the Jefferson building, and the Social Sciences Reading Room in the Adams building. Books may not be checked out, and must be requested ahead of time. Waiting times for requests can often be as long as 2 hours, especially on weekends. Call ahead, or do some preliminary research at Georgetown with a reference library first, before going to the Library of Congress.
National Archives & Records Administration (NARA)
The National Archives and Records Administration (NARA) is responsible for collecting, preserving and making available the records of the Federal government, including all three branches of government, agencies, and offices. There are two main facilities in the Washington Metropolitan area: Archives I, which is the old building at Pennsylvania Avenue, N.W., between 7th and 9th Streets, and Archives II, which is a group do 5 buildings on a campus near the University of Maryland at College Park. In addition, NARA oversees the Presidential Libraries and Federal Records Centers, scattered throughout the U.S.
The Archives I building is currently undergoing major renovations but the research rooms remain open to researchers. The Archives I building houses textual and microfilm records relating to genealogy, American Indians, pre-Word War II military and naval-maritime matters, the New Deal, the District of Columbia, the Federal Courts, and Congress. The Archives II buildings at College Park, Md. houses cartographic and architectural records, motion pictures and non-textual records, audio and video recordings, still pictures and electronic records, as well as the Nixon Presidential materials, the John F. Kennedy Assassination Records Collection, the Berlin Documents Center microfilm, and textual records from most civilian agencies and military records since World War II. A shuttle bus links the two archives sites and is free to researchers. The Archives II College Park site has free parking.
The best guide to the National Archives materials is the official Guide to Federal Records in the National Archives of the United States, compiled by Robert B. Matchette, et al., in 1995. It is available in the Georgetown Law Library in the Reference Department, and online at the NARA official web site: http://www.archives.gov/research/guide-fed-records/. The online version can be difficult to use, if the researcher does not understand how archival records are organized. There is also ARC, the Archival Research Catalog, the online catalog of NARA's nationwide holdings:
Tarlton Law Library, Legal History Sources
The University of Texas at Austin Law Library Rare Books and Special Collections Department has a pretty good Guide to Legal History Resources on the web. Its emphasis is on U.S. legal history, and Texas legal history in particular, but it is a good links page to start from as well.
United States Supreme Court Law Library
Although the United States Supreme Court Law Library is closed to most researchers, they do have resources online that can be of use. Exceptions are sometimes made by the Law Librarian at the Supreme Court if materials are unavailable anywhere else, and the research is of importance to the history of the Supreme Court. Make an appointment with the Special Collections Librarian to determine if the library will be open on a limited basis.
XXI. Further Questions
If you have questions about finding or using any of the materials described in this guide, or you need more in-depth assistance in your research, please ask at the Special Collections & Archives Department located at the west end of the Reading Room. The Special Collections Librarian will be able to assist you in identifying and locating the materials you need for your research projects.
Laura A. Bédard
Special Collections & Archives
Georgetown University Law Library
ENGLISH REGNAL YEARS
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