Tài liệu A Power to Do Justice pdf

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bradin cormack is associate professor of English at the
University of Chicago.
The University of Chicago Press, Chicago 60637
The University of Chicago Press, Ltd., London
C

2007 by The University of Chicago
All rights reserved. Published 2007
Printed in the United States of America
16 15 14 13 12 11 10 09 08 07 1 2 3 4 5
isbn-13: 978-0-226-11624-2 (cloth)
isbn-10: 0-226-11624-7 (cloth)
The University of Chicago Press gratefully acknowledges the generous
support of the Division of the Humanities at the University of Chicago
toward the publication of this book.
Library of Congress Cataloging-in-Publication Data
Cormack, Bradin.
A power to do justice : jurisdiction, English literature, and the rise of
common law, 1509–1625 /BradinCormack.
p. cm.
Includes bibliographical references and index.
isbn-13: 978-0-226-11624-2 (alk. paper)
isbn-10: 0-226-11624-7 (alk. paper)
1. English literature—Early modern, 1500–1700—History and criticism.
2. Law and literature—Great Britain—History— 16th century. 3. Law
and literature—Great Britain—History— 17th century. 4. Law in literature.
I. Title.
pr428 .l37c67 2008
820.9

002—dc22
2007024210
∞

The paper used in this publication meets the
minimum requirements of the American National
Standard for Information Sciences—Permanence of Paper
for Printed Library Materials, ansi z39.48-1992.
In memory of my father,
george noel cormack

contents
List of Illustrations ix
Acknowledgments xi
Note on Citations xv
Prologue: A Power to Do Justice 1
Introduction: Literature and Jurisdiction 11
part i centralization
1 “Shewe Us Your Mynde Then”: Bureaucracy and Royal Privilege in
Skelton’s Magnyfycence 47
2 “No More to Medle of the Matter”: Thomas More, Equity, and the Claims
of Jurisdiction 85
part ii rationalization
3 Inconveniencing the Irish: Custom, Allegory, and the Common Law in
Spenser’s Ireland 133
4 “If We Be Conquered”: Legal Nationalism and the France of
Shakespeare’s English Histories 177
part iii formalization
5 “To Stride a Limit”: Imperium, Crisis, and Accommodation in
Shakespeare’s Cymbeline and Pericles 227
6 “To Law for Our Children”: Norm and Jurisdiction in Webster, Rowley,
and Heywood’s Cure for a Cuckold 291
Notes 331
Index 387
illustrations
1 William I, from John Rastell, The Pastyme of People (1529) 207
2 Richard I, from Rastell, Pastyme of People 207
3 Edward III, from Rastell, Pastyme of People 207
4 Henry V, from Rastell, Pastyme of People 207
5 Edward IV, from Rastell, Pastyme of People 208
6 Henry IV, from Rastell, Pastyme of People 208
7 William II, from Rastell, Pastyme of People 210
8 William I, William II, and Henry I, from A Brief Abstract (ca. 1560) 211
9 Thomas Hood, map of the English headlands (1605) 260
10 Sir Julius Caesar, draft of proclamation on international fishing
(1609) 264
11 Frontispiece to William Camden, Britannia (1607) 267
12 Map of Great Britain and Ireland, from John Speed, Theatre of the
Empire of Great Britaine (1611) 268
13 Detail of map of Lancashire, from Speed, Theatre 270
14 Detail of map of Warwickshire, from Speed, Theatre 271
15 Detail of map of Northamptonshire, from Speed, Theatre 271
16 Detail of map of Rutlandshire, from Speed, Theatre 272
17 Detail of map of Rutlandshire, from Speed, Theatre 272
18 Detail of map of Wales, from Speed, Theatre 273
19 Detail of map of Cardiganshire, from Speed, Theatre 274
20 Detail of map of Lancashire, from William Camden, Britannia
(1607) 276
21 Detail of map of Lancashire, from Christopher Saxton’s atlas
(1579) 277

acknowledgments
This book has been a long time in the making, and the debts I have incurred
cross many borders. From Stanford, I want to thank David Riggs, Paul Seaver,
and Wesley Trimpi for their many insights into my project. My greatest debt
is to Stephen Orgel, who nurtured the kind of structured free thinking without
which an interdisciplinary project like this one could not have begun to taken
shape. More recently,Stephenhasbeenan enthusiastic reader ofnew chapters
and stronger versions of old chapters, an inspired mentor and even better
friend. From deeper in my past, I am grateful to three teachers in Edmonton
who first introduced me to the sixteenth and seventeenth centuries: Leila
Jones, W. J. Jones, and the late C. Q. Drummond.
At the University of Chicago, I have been the beneficiary of a rare level
of support from my colleagues in the English Department, who all invested
much time in my work. I thank each of them. My colleagues specifically in
Renaissance studies have enriched my teaching, thinking, and writing. David
Bevington was equally generous with his historical expertise and his enthusi-
asm for how dramatists think. Carla Mazzio has been an unfailingly supportive
interlocutor and an eloquent tester and shaper of ideas. Janel Mueller offered
incisive suggestions for my arguments about English nationalism. Michael
Murrin took equal care in showing me where to make an argument narrower
and where to bring some wider context—though never the whole of the Silk
Road—to bear. Joshua Scodel helped me measure more carefully the use of
my central terms as a way to make the argument at once more focused and
more textured. Richard Strier was marvelously helpful in urging me toward
an account of the relationship between the literary and historical particular
xii Acknowledgments
adequate to my argument about literature’s place at the legal table, and law’s
place at the literary one. I feel fortunate to have been able to complete this
book alongside six such scholars and friends.
Outside my field, two colleagues have been especially important for the
writing of this book. In scintillating conversation and in extended responses
to my writing, Lauren Berlant helped me to think more clearly and confidently
about legal and social norms and about the time of jurisdiction. Bill Brown
repeatedly energized my thinking about the book’s literary and historical ob-
jects by opening my sentences onto horizons different from those I could
see, thereby helping me find a more meditative book inside the historical
one. A number of scholars, at Chicago and elsewhere, read and responded
to individual chapters in both early and late drafts. I want to thank Rebecca
Brown, Brendan Cormack, Margreta de Grazia, Jacqueline Goldsby, Pe-
ter Goodrich, Gordon Harvey, Richard Helmholz, Constance Jordan, Sean
Keilen, Julius Kirshner, Loren Kruger, Sandra Macpherson, Jeffrey Masten,
Andrew McRae, Eric Oberle, Joshua Phillips, Carolyn Sale, Eric Slauter,
Justin Steinberg, and Simon Stern. I have been fortunate to be part of the Pro-
ject in Late Liberalism, a group whose members offered me new ways to think
about intellectual work generally and to track what my book in particular
was doing: thanks to Lauren Berlant, Elaine Hadley, Patchen Markell, Mark
Miller, and Candace Vogler. At an earlier date, Candace read the whole manu-
script and offered a sustaining account of where its interest lay. Among many
other scholars and friends who supported and extended my thinking during
the book’s composition, I am grateful to Danielle Allen, Caroline Bicks, Ans-
ton Bosman, Stephanie Brooks, Suzanne Buffam, Colin Burrow, Nora Cain,
Edmund Campos, Dipesh Chakrabarty, Beth Ann Day, Ken Fields, Jay Fli-
egelman, Bill Germano, Christine Holbo, Jinger Hoop, Lorna Hutson, Jona-
than Ivry, Oren Izenberg, Rebecca Lemon, Seth Lerer, Saree Makdisi, Helen
Mirra, Srikanth Reddy, Ann Rosener, Charles Ross, Katharine Royer, Pe-
ter Stallybrass, Goran Stanivukovic, David Thompson, Keith Todd, Robin
Valenza, Robert von Hallberg, Luke Wilson, and Diana Young. In addition to
his valuablecomments onmy work, MartinDimitrov gotme toseeold thingsin
new light.
Audiences in Cambridge, London, Philadelphia, St. Andrews, Washing-
ton, and West Lafayette responded generously to talks based on my work.
In Chicago, I have benefited from conversation about my research at the Re-
naissance Workshop, the English Department Colloquium, and the Chicago
Renaissance Seminar. Completion of the manuscript was greatly facilitated
by a short-term Francis Bacon Foundation Fellowship at the Huntington
Acknowledgments xiii
Library and by a fellowship in 2004–5 at the Franke Institute for the Human-
ities (Chicago). At the latter institution I benefited from weekly conversation
among the resident fellows: for their responses to an earlier version of chapter
6, I especially thank Shadi Bartsch, Robert Bird, Jessica Burstein, Jim Chan-
dler, Patchen Markell, Hilary Poriss, Valerie Ritter, and Bill Wimsatt. I also
thank my department chair, Elizabeth Helsinger, and two successive deans of
the humanities, Janel Mueller and Danielle Allen, for supporting that year’s
leave.
For their expert assistance across many years, I thank the manuscript
curators, rare-books librarians, and staff at the University of Chicago Library,
the Newberry Library, the Huntington Library, Stanford University Library,
Cambridge University Library, Trinity College Library, and British Library. I
also acknowledge Marie Axton, Howard Erskine-Hill, Elizabeth Leedham-
Green, and the late Jeremy Maule, who some time ago helped me think about
how to use books and manuscripts and the libraries that house them. In dif-
ferent form, a section of chapter 5 was first published as “Marginal Waters:
Pericles andthe Idea ofJurisdiction,” inLiterature, Mappingandthe Politicsof
SpaceinEarlyModernBritain, editedby AndrewGordon and BernhardKlein
(2001). Excerpts from that essay are reprinted by permission of Cambridge
University Press.
Alan Thomas believed in my project from early on, and as my editor he
has expertly and patiently shepherded it into print. I am grateful at the Press
to Randy Petilos and Kate Frentzel, who helped me with production, and to
Lys Ann Weiss for her careful editing of the manuscript. Jeff Rufo helped me
compile the index. I want also to register my deep gratitude to the three press
readers, whose learned and judicious suggestions made my arguments fuller,
clearer, and more nuanced than they could have been without their work on
my behalf. Many people have helped me write this book. As poets know too,
all errors and oversights belong strictly to the author, not his guides.
My deepest continuous debt is to my family, to Brendan, Maura, Sean,
and especially my mother, Margaret Cormack. And to my father, who did not
live to see this book finished. On many pages, I am startled now to find him
peering back at me from behind words and from under ideas I had imagined
to be my own.