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Book Review
Marjorie Keniston McIntosh, Controlling Misbehavior in England, 1370-1600,
New York: Cambridge University Press, 1998. Pp. 289 + xviii. $59.95
(ISBN 0-521-62177-1).
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In this impressive work McIntosh examines attempts by local authorities
in communities throughout England to regulate public behavior that
they found unacceptable. The sorts of behavior to which they objected--scolding,
gaming, and drunkenness among others--have, of course, attracted
scholarly interest in the past. But the bulk of that work has focused
on the late sixteenth and early seventeenth centuries and has been
attached historiographically to the events of the subsequent rather
than the previous period. Yet, as historians of late medieval and
Tudor communities know, attempts to control misbehavior were not
an Elizabethan novelty; local authorities had shown a strong interest
in regulating social behavior for centuries before that time. The
problem has been that our knowledge of early efforts to control
behavior comes largely from studies of individual communities (such
as McIntosh's previous studies of Havering), isolated in time and
place and subject to the idiosyncrasies of local record keeping.
Such studies have made a tremendous contribution to our understanding
of premodern life, but they provide an imperfect vantage point from
which to discern general trends. Only a carefully designed comprehensive
study that employs comparable records drawn from a variety of communities
over a long span of time will make it possible to trace such patterns
with any degree of certainty. That is just what McIntosh has done
here. She sets out to examine attempts by local authorities to control
misbehavior in more than two hundred villages and small towns over
a period of more than two hundred years. That broad scope allows
her to make a strong case for three propositions: that the Puritans
did not invent social control; that the historiographic divide separating
the fifteenth and sixteenth centuries is more of a hindrance than
a help in understanding the history of premodern England; and that
despite the well-known centralizing tendencies of the age, local
initiative played a vital role in shaping social policy. McIntosh's
arguments have already occasioned significant scholarly discussion
(see Journal of British Studies 37 [1998]: 231-305) and are
likely to continue to do so, making this work essential reading
for anyone interested in premodern English history. |
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McIntosh began by dividing the period covered
by her investigation into twenty-year "duodecades" (along
with an initial thirty-year period from 1370-1399). She then sampled
the records for each of the 267 courts selected for her study, reading
two to three years' worth of its proceedings for each duodecade.
To make sense of the information collected, she grouped the various
offenses reported into three "clusters": the "disharmony"
cluster (scolding, eavesdropping, and nightwalking), the "disorder"
cluster (sexual misconduct, unruly alehouses, and bad governance),
and the "poverty" cluster (hedgebreaking, sheltering vagabonds,
refusing to work, and improperly taking on subtenants). In a separate
and final category, she noted violations of laws against gaming.
Surprisingly, McIntosh does not concern herself with the number
of times particular violations were reported. Instead, she counted
a community as being concerned with a particular type of misbehavior
if it either presented an individual for the offense or it passed
a bylaw against the offense. For each duodecade, a community is
counted as either concerned or not concerned about a particular
behavior, a binary one or zero. In her scheme, one case of scolding
in one village is no different from ten cases in another. |
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Analysis of the data appears in chapters
three, six, and seven. Chapter three looks at chronological trends
for each of the eleven types of misbehavior. Chapter six compares
social and economic characteristics of communities that displayed
heightened concern with misbehavior (those reporting at least four
different kinds of misconduct during a twenty-year period) with
those that showed no concern. Chapter seven looks at similarities
among communities that displayed concern with the same types of
misbehavior. What she finds is often surprising. In chapter three,
for example, she reports that concern with scolding remained relatively
stable across the centuries covered by her study, neither rising
nor falling in a dramatic way. She also found that while scolding
was a predominantly female offense during the fifteenth century
(with more than eighty percent of the courts that mentioned scolding
naming only women as scolds), it did not remain so. In fact, by
the last decades of the sixteenth century, only a third of the courts
were presenting women alone for that offense. It must be remembered
that since McIntosh is tallying courts rather than people, these
figures do not represent the total number of male and female scolds.
The data certainly suggest, however, that scolding was not regarded
as a specifically female behavior at the end of the Elizabethan
era, a finding that runs counter to what some historians have recently
argued. McIntosh's study is full of such challenging discoveries.
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One challenge that historians will
have to consider lies in the time period addressed by McIntosh.
Joining the late medieval with the Tudor era, she deliberately breaks
the boundaries of conventionally defined historical periods. She
is not the first to do this, of course, but the continuities she
is able to demonstrate and the value of the comparisons she is able
to draw make this the most effective case to date for rethinking
inherited chronological divisions. McIntosh also makes an interesting
case for the preeminence of local leadership in attempts to control
misbehavior. She argues that the ways in which the local courts
she studied ignored parliamentary directives, anticipated parliamentary
action, and ventured to regulate matters over which they technically
had no jurisdiction demonstrate that the impetus for such efforts
came not from above, but from below. Concerns about public behavior,
in other words, belonged first and foremost to the landholders,
artisans, and traders who comprised the juries in the small communities
she stud-ied, not to distant courts and councils. |
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McIntosh recognizes that the limitations
of her approach will make this study a preliminary rather than a
definitive one. As indicated above, she does not report the frequency
of attempts to control misbehavior, and as a result she does not
calculate rates of misbehavior based on population
figures. For a study of this breadth, that is surely the right decision;
such calculations are best left to local studies where detailed
information makes more reliable estimates possible. But that does
not make information regarding the frequency of presentments less
crucial. It is entirely possible, for example, that while the proportion
of courts prosecuting at least one case of scolding every twenty
years remained constant over a century or more, the actual rate
of presentments did change, a result that would significantly alter
the meaning of her conclusions. Such determinations will have to
await future studies. We will also need to learn more about the
identity of the jurors who made the presentments and passed the
bylaws studied by McIntosh (as Shannon McShef-frey has pointed out;
see Journal of British Studies 37 [1998]: 269-78). Understanding
the places such men occupied in their communities, the ways in which
they understood their position as jurors, and how their status changed
over time may help us to understand some of the patterns described
in the book. Also deserving of further consideration is the relationship
between religious and ideological developments and changing attitudes
towards misbehavior. McIntosh provides a preliminary sketch of this
subject in her final chapter, but it is clearly no more than a beginning.
Those interested in the evolution of traditional Catholicism, humanism,
Protestantism, and Puritanism will surely want to reexamine the
development of these ideas in light of McIntosh's findings. |
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Ben R. McRee
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Franklin & Marshall College
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