The Agitation For Law Reform During The Puritan Revolution 1640 1660

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The Agitation for Law Reform during the Puritan Revolution 1640–1660

Stuart E. Prall
The Agitation for Law Reform during the Puritan Revolution 1640 1660 Book PDF

Author : Stuart E. Prall
Publisher : Springer
Page : 212 pages
File Size : 51,8 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401509015

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The Agitation for Law Reform during the Puritan Revolution 1640–1660 by Stuart E. Prall Pdf

Throughout this essay all dates are given in New Style. When pamphlets were originally dated Old Style, the new date has been substituted. In all quotations the original seventeenth-century spelling has been retained. A "sic" is placed in the quotation only where it appears to be certain that there has been a misprint in the original. I want to express my sincere gratitude to the late Professor Garrett Mattingly of Columbia University for his inspiration and guidance during the years spent under his sponsorship. It was a rare privilege to study under him. Professor Sidney Burrell of Barnard College offered many constructive suggestions and I am most appreciative of the kind interest he took in the completion of this study. I also wish to thank the editors of The American Journal of Legal History for publishing some of my material on Chancery reform in their Journal. The staff of the North Library of the British Museum was most helpful in making available the many volumes of the Thomason Collection. Thanks are also due to the staff of the Library of Union Theological Seminary who helped in the location of materials from the McAlpin Collection.

The Culture of Equity in Early Modern England

Mark Fortier
The Culture of Equity in Early Modern England Book PDF

Author : Mark Fortier
Publisher : Routledge
Page : 240 pages
File Size : 43,6 Mb
Release : 2016-03-16
Category : Literary Criticism
ISBN : 9781317036661

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The Culture of Equity in Early Modern England by Mark Fortier Pdf

Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

Discord in Zion

Tai Liu
Discord in Zion Book PDF

Author : Tai Liu
Publisher : Springer Science & Business Media
Page : 198 pages
File Size : 46,5 Mb
Release : 2012-12-06
Category : History
ISBN : 9789401024907

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Discord in Zion by Tai Liu Pdf

With the decline of the Whig interpretation of history, historians in the past few decades have re-examined the origins and the nature of the English Revolution from various perspectives. The constitutional conflict 1 between the crown and parliament has been analyzed. The Puritan mind 2 has been explored. Social change in England during the century prior 3 to the outbreak of the Civil War has been anatomized. The composition 4 of the Long Parliament has been dissected. Every student of the English Revolution is now well aware that the crisis in seventeenth-century Eng land, like all other major events in history, was a complex phenomenon in which men as well as ideas, religious convictions as well as economic interests all came into play. For all students of this period, the works of Samuel R. Gardiner, am plified by Sir Charles H. Firth, remain the chief source of knowledge and 1 It should be noted that while former historians from Hallam and Macaulay to G. M. Trevelyan and J R. Tanner all interpreted the English Revolution in terms of the constitution, recent historical scholarship in this respect is more concerned with the evolution and functioning of the constitution rather than the constitutional rights and wrongs of either party in the conflict. See Wallace Notestein, The Winning of the Initiative by the House of Commons (London, 1924); Margaret A.

Learning the Law

Jonathan Bush
Learning the Law Book PDF

Author : Jonathan Bush
Publisher : Bloomsbury Publishing
Page : 444 pages
File Size : 50,5 Mb
Release : 1999-07-01
Category : History
ISBN : 9781441101860

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Learning the Law by Jonathan Bush Pdf

The essays in this text deal with aspects of British legal learning. It traces the tradition of learning dating back to the Middle Ages and how the inns of court provided the equivalent of a legal university. The essays describe how before the middle of the 19th-century there was little formal provision of legal education in Britain and that law in the ancient universities was not intended to have practical value and entrance to the bar was not dependent upon written examination.

Law Reform in Early Modern England

Barbara J Shapiro
Law Reform in Early Modern England Book PDF

Author : Barbara J Shapiro
Publisher : Bloomsbury Publishing
Page : 460 pages
File Size : 44,9 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509934225

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Law Reform in Early Modern England by Barbara J Shapiro Pdf

This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.

Sir Edward Coke and 'The Grievances of the Commonwealth,' 1621-1628

Stephen D. White
Sir Edward Coke and The Grievances of the Commonwealth 1621 1628 Book PDF

Author : Stephen D. White
Publisher : UNC Press Books
Page : 342 pages
File Size : 42,6 Mb
Release : 2017-10-10
Category : History
ISBN : 9781469639550

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Sir Edward Coke and 'The Grievances of the Commonwealth,' 1621-1628 by Stephen D. White Pdf

A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

An Historical Introduction to Western Constitutional Law

R. C. van Caenegem
An Historical Introduction to Western Constitutional Law Book PDF

Author : R. C. van Caenegem
Publisher : Cambridge University Press
Page : 352 pages
File Size : 50,5 Mb
Release : 1995-03-23
Category : Law
ISBN : 0521476933

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An Historical Introduction to Western Constitutional Law by R. C. van Caenegem Pdf

The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.

The Puritan Revolution

Stuart E. Prall
The Puritan Revolution Book PDF

Author : Stuart E. Prall
Publisher : Routledge
Page : 265 pages
File Size : 44,9 Mb
Release : 2020-11-05
Category : History
ISBN : 9781000225556

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The Puritan Revolution by Stuart E. Prall Pdf

Originally published in 1968, the documents collected in this volume (all re-set for ease of reading), trace the history of the Puritan Revolution from its roots in the early seventeenth century to the Restoration. They show how the causes and the course of the upheaval were reflected immediately and polemically in the torrent of books, tracts and pamphlets, letters, speeches, sermons, petitions, paper constitutions and government instruments that accompanied and often precipitated events. The documents substantiate the conviction of many scholars that the English Revolution represented a shaking of society comparable to the French and Russian revolutions. The Introduction discusses the work of historians of modern-day historians of the period and contributes to the debate about the underlying causes of the crisis.

Political Communication and Political Culture in England, 1558-1688

Barbara J. Shapiro
Political Communication and Political Culture in England 1558 1688 Book PDF

Author : Barbara J. Shapiro
Publisher : Stanford University Press
Page : 416 pages
File Size : 53,6 Mb
Release : 2012-11-07
Category : History
ISBN : 9780804784580

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Political Communication and Political Culture in England, 1558-1688 by Barbara J. Shapiro Pdf

This book surveys the channels through which political ideas and knowledge were conveyed to the English people from the beginning of the reign of Elizabeth I to the Revolution of 1688. Shapiro argues that an assessment of English political culture requires an examination of all means by which this culture was expressed and communicated. While the discussion focuses primarily on genres such as the sermon, newsbook, poetry, and drama, it also considers the role of events and institutions. Shapiro is the first to explore and elucidate the entire web of communication in early modern English political life.

History of the Common Law

John H. Langbein,Renee Lettow Lerner,Bruce P. Smith
History of the Common Law Book PDF

Author : John H. Langbein,Renee Lettow Lerner,Bruce P. Smith
Publisher : Aspen Publishing
Page : 1310 pages
File Size : 43,6 Mb
Release : 2009-08-14
Category : Law
ISBN : 9780735596047

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History of the Common Law by John H. Langbein,Renee Lettow Lerner,Bruce P. Smith Pdf

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

Marriage, Separation, and Divorce in England, 1500-1700

K. J. Kesselring,Tim Stretton
Marriage Separation and Divorce in England 1500 1700 Book PDF

Author : K. J. Kesselring,Tim Stretton
Publisher : Oxford University Press
Page : 210 pages
File Size : 43,7 Mb
Release : 2022
Category : Divorce
ISBN : 9780192849953

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Marriage, Separation, and Divorce in England, 1500-1700 by K. J. Kesselring,Tim Stretton Pdf

England is well known as the only Protestant state not to introduce divorce in the sixteenth-century Reformation. Only at the end of the seventeenth century did divorce by private act of parliament become available for a select few men and only in 1857 did the Divorce Act and its creation of judicial divorces extend the possibility more broadly. Aspects of the history of divorce are well known from studies which typically privilege the records of the church courts that claimed a monopoly on marriage. But why did England alone of all Protestant jurisdictions not allow divorce with remarriage in the era of the Reformation, and how did people in failed marriages cope with this absence? One part of the answer to the first question, Kesselring and Stretton argue, and a factor that shaped people's responses to the second, lay in another distinctive aspect of English law: its common-law formulation of coverture, the umbrella term for married women's legal status and property rights. The bonds of marriage stayed tightly tied in post-Reformation England in part because marriage was as much about wealth as it was about salvation or sexuality, and English society had deeply invested in a system that subordinated a wife's identity and property to those of the man she married. To understand this dimension of divorce's history, this study looks beyond the church courts to the records of other judicial bodies, the secular courts of common law and equity, to bring fresh perspective to a history that remains relevant today.

By Birth or Consent

Holly Brewer
By Birth or Consent Book PDF

Author : Holly Brewer
Publisher : UNC Press Books
Page : 408 pages
File Size : 53,8 Mb
Release : 2012-12-01
Category : History
ISBN : 9780807839126

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By Birth or Consent by Holly Brewer Pdf

In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

Riot, Rebellion and Popular Politics in Early Modern England

Andy Wood
Riot Rebellion and Popular Politics in Early Modern England Book PDF

Author : Andy Wood
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 41,7 Mb
Release : 2017-04-20
Category : History
ISBN : 9781403940384

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Riot, Rebellion and Popular Politics in Early Modern England by Andy Wood Pdf

Riot, Rebellion and Popular Politics in Early Modern England reassesses the relationship between politics, social change and popular culture in the period c. 1520-1730. It argues that early modern politics needs to be understood in broad terms, to include not only states and elites, but also disputes over the control of resources and the distribution of power. Andy Wood assesses the history of riot and rebellion in the early modern period, concentrating upon: popular involvement in religious change and political conflict, especially the Reformation and the English Revolution; relations between ruler and ruled; seditious speech; popular politics and the early modern state; custom, the law and popular politics; the impact of literacy and print; and the role of ritual, gender and local identity in popular politics.

Beyond Reasonable Doubt and Probable Cause

Barbara J. Shapiro
Beyond Reasonable Doubt and Probable Cause Book PDF

Author : Barbara J. Shapiro
Publisher : Univ of California Press
Page : 384 pages
File Size : 44,9 Mb
Release : 2023-11-10
Category : History
ISBN : 9780520313408

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Beyond Reasonable Doubt and Probable Cause by Barbara J. Shapiro Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

The Stuart Constitution, 1603-1688

J. P. Kenyon
The Stuart Constitution 1603 1688 Book PDF

Author : J. P. Kenyon
Publisher : Cambridge University Press
Page : 504 pages
File Size : 45,8 Mb
Release : 1986-02-20
Category : History
ISBN : 0521313279

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The Stuart Constitution, 1603-1688 by J. P. Kenyon Pdf

Originally published in 1966, this text established itself as the standard work in 17th century English history in the course of time. The second edition includes a rewritten commentary and has been thoroughly revised and updated in several important areas.