‘Obeisance to His Majesty, and Love to the Parliament’

2021 ◽  
pp. 341-356
Author(s):  
Nadine Akkerman
Keyword(s):  
Dutch Republic ◽  
Important Decision ◽  
The Hague ◽  
English Law

This chapter assesses how Charles and parliament had always agreed that his eldest daughter Mary should not join her 'little Prince' in The Hague until she was twelve years old, the age at which she could legally consent to the marriage. Charles was perhaps not overtly concerned for his daughter's wellbeing, as in abiding by the English law he could keep his options open: he had not yet abandoned all hopes of securing a more financially advantageous match with Spain. When talks with the Spanish came to naught, the young princess provided Henrietta Maria with the perfect excuse to travel to the Dutch Republic. As the conflict between Charles and parliament became increasingly fractious, so the trickle of refugees fearing for their lives began to swell into a stream. Elizabeth Stuart had an important decision to make. It was not a question of supporting her brother or the institution that now controlled payment of her various allowances, but also that the Puritan faction in parliament were predisposed towards supporting her family's claim on the Palatinate on religious grounds. Fortunately for Elizabeth, the decision was taken out of her hands by Frederick Henry and the States of Holland.

Part III Jurisdiction, Foreign Judgments and Awards, 12 The Competence of the English Courts Under—The Traditional Rules

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Common Law ◽  
Hague Convention ◽  
Breach Of Contract ◽  
The Hague ◽  
English Law ◽  
The Hague Convention

This chapter explores the competence of the English courts under the traditional rules, and more specifically actions in personam and actions in rem. An action in personam is designed to settle the rights of the parties as between themselves, e.g. an action for damages for breach of contract. In English law the only action in rem is that which lies in an Admiralty court against a particular res, namely a ship or some other res, such as cargo, associated with the ship. This chapter first considers three situations in which English courts are competent under common law rules to try an action in personam before discussing the effect of the Brussels/Lugano system on actions in rem. It also reflects on the implications of the Hague Convention on Choice of Court Agreements 2005 for the competence of the English courts.

The introduction of the printed book auction catalogue

Quaerendo ◽  
1985 ◽  
Vol 15 (2) ◽  
pp. 115-149
Author(s):  
Bert Van Selm
Keyword(s):  
Sixteenth Century ◽  
Book Trade ◽  
Present Knowledge ◽  
History Of The Book ◽  
Classical Antiquity ◽  
Dutch Republic ◽  
Low Countries ◽  
Book Sales ◽  
History Of ◽  
The Hague

AbstractBook historians have generally seen the introduction of the printed book auction catalogue as an important event in the history of the book trade. Catalogues were already being printed in the Dutch Republic in about 1600 and the present article discusses the factors that favoured this remarkably early development. In section 2 the author surveys present knowledge of book auctions from classical antiquity up to the year 1598. In particular, he discusses sales of books in the estates of deceased persons in the Low Countries during the fifteenth and sixteenth centuries, with particular reference to auctions in Leiden and The Hague in the last part of the sixteenth century. From the data assembled it emerges that the auctioning of books was certainly not first thought of in the Dutch Republic and that many auctions of property, including books, were held before 1599. In 1596 Louis (II) Elzevier was granted permission to hold book auctions in the Great Hall of the Binnenhof in The Hague, and in the hands of a bookseller it was possible for this form of trade to develop in the best possible way. In section 3 the author moves on to the earliest book sales with printed catalogues, namely the Marnix sale of 1599 and the Daniel van der Meulen sale of 4

scholarly journals Unholy Territory

2020 ◽  
Vol 100 (4) ◽  
pp. 526-549
Author(s):  
David van der Linden
Keyword(s):  
Seventeenth Century ◽  
Dutch Republic ◽  
Safe Haven ◽  
Counter Reformation ◽  
The Reformation ◽  
French Speaking ◽  
The Hague ◽  
The Relationship ◽  
The Church

Abstract This article studies the mission of French Discalced Carmelite friars in the seventeenth-century Dutch Republic. Established from 1647 onwards in The Hague, Leiden, and Amsterdam, the missionaries’ aim was to minister to the French-speaking Catholics of Holland, but they also sought to convert expatriate French Protestants as part of the wider Counter-Reformation campaign to win back souls lost to the Reformation. Despite conflict with the Walloon churches, however, the Carmelite mission was surprisingly successful in converting Huguenots to the Church of Rome, repatriating many of them to France in the wake of the Revocation. As such, this article sheds new light on the relationship between expatriate communities in Holland, arguing that the Dutch Republic was not only a safe haven for refugees, but also the scene of ongoing conflict between French Protestants and Catholics during the reign of Louis XIV.

scholarly journals The Common Law Choice of Law Rules for Resulting and Constructive Trusts

2005 ◽  
Vol 54 (4) ◽  
pp. 855-883 ◽  
Author(s):  
Adeline Chong
Keyword(s):  
Common Law ◽  
Hague Convention ◽  
Choice Of Law ◽  
Foreign Law ◽  
The Common ◽  
The Hague ◽  
English Law ◽  
The Law ◽  
The Hague Convention ◽  
Rules Set

There is a dearth of authority and in-depth discussion concerning what the choice of law rules are for claims involving the assertion that property is held on a resulting or constructive trust. It is usually thought that the choice of law rules set out by the Hague Convention on the Law Applicable to Trusts and on their Recognition (hereafter the ‘Hague Trusts Convention’), as enacted into English law by the Recognition of Trusts Act 1987, apply. However, it is arguable that this is not so for some types of resulting and constructive trusts, namely those governed by a foreign law; or, at the very least, that some doubt exists as to whether the Hague choice of lawrules apply to all resulting and constructive trusts. It is therefore important that the common law choice of law rules for such trusts is clearly elucidated. Unfortunately, this is an area of the law that is distinctly undeveloped. The aim of this article is to consider what are or should be the common law choice of law rules for resulting and constructive trusts.

scholarly journals Exploiting the Urban System? The Frictions of Military Finance and Diplomacy in the Dutch Republic, 1688–1714

2021 ◽  
pp. 1-26
Author(s):  
Aaron Graham ◽  
Jeannette Kamp
Keyword(s):  
Early Modern ◽  
Urban Geography ◽  
Urban System ◽  
Urban Infrastructure ◽  
Dutch Republic ◽  
Urban Centers ◽  
Geographically Dispersed ◽  
Recent Scholarship ◽  
The Hague ◽  
Modern War

Abstract This article examines how international military finance operated in the Dutch Republic between 1688–1714. The region’s unique urban geography in which the political and financial infrastructures crucial for military financing were geographically dispersed created stresses and strains. These inconveniences were overcome due to the Republic’s excellent intra-urban infrastructure – creating fast and reliable communication between the different urban centers – and their reliance on (semi-)private agents, the solliciteurs-militair. As a result, the urban system created a level of flexibility: credit for military purposes could be found both in The Hague and Amsterdam, rather than having to rely on a single city as was the case in London. This focus on the urban has broader historiographical importance because recent scholarship on early modern war and state formation is increasingly questioning whether the focus on political and financial centralization is necessarily the best way to understand these processes.

scholarly journals Masterman-Lister and the Capacity to Manage One’s Property and Affairs

2014 ◽  
pp. 203
Author(s):  
Denzil Lush
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Common Law ◽  
Important Decision ◽  
Mental Health Act ◽  
English Law

<p>The judgment of Mr. Justice Wright in Masterman-Lister v Jewell and Home Counties Dairies and Masterman-Lister v Brutton &amp; Co., [2002] EWHC 417 (QB), which was handed down on 15 March 2002, is the most important decision so far in English law on the meaning of the term ‘patient’. This, of course, is one of the two disabilities recognized in CPR Part 21. It is also the cornerstone of the Court of Protection’s jurisdiction under the Mental Health Act 1983.<br /><br />Section 94(2) of that Act defines a ‘patient’ as someone who is ‘incapable, by reason of mental disorder, of managing and administering his property and affairs.’ There are two prerequisites. A person must (a) have a mental disorder, and (b) as a consequence, be incapable of managing and administering his property and affairs.<br /><br />‘Mental disorder’ is defined in the legislation, but the incapacity to manage one’s property and affairs is not, and this is where Sir Michael Wright’s decision has filled a void, and possibly opened a debate. In fact, he said nothing startlingly new, but the significance of his judgment is that it will be widely reported, whereas previous decisions on the meaning of incapacity to manage one’s property and affairs have been inaccessible, either because they were unreported, or because they emanated from other common law jurisdictions, whose reports are only available in a few very specialist libraries.</p>

A Republican Queen

2021 ◽  
pp. 159-177
Author(s):  
Nadine Akkerman
Keyword(s):  
Roman Empire ◽  
Holy Roman Empire ◽  
Dutch Republic ◽  
Military Campaigns ◽  
General Expectation ◽  
The Hague

This chapter describes how, when Frederick V and Elizabeth Stuart arrived in the Dutch Republic in April of 1621, they had been homeless for five months, during which time they had only been together sporadically. The States General had begun preparing a house in The Hague for the comfort and convenience of their nomadic royal guests in March. The general expectation was that Elizabeth would return to England and Frederick to the battlefields of Germany. In any case, the States General did not imagine that these outlaws of the Holy Roman Empire would be their guests for long: they rented the furniture for just three days. However, the exiled court showed no signs of moving on. The hope that Frederick and Elizabeth might prove only temporary guests was somewhat forlorn: the Kneuterdijk was the last place Frederick would call home, and Elizabeth would spend the next forty years under its roof. For Elizabeth and Frederick, The Hague was the base from which Frederick could organise his military campaigns and expedite a return to the Palatinate, if not Bohemia. They were intent on remaining until their mission was accomplished.

THE BLACK CHAMBER IN THE DUTCH REPUBLIC DURING THE WAR OF THE SPANISH SUCCESSION AND ITS AFTERMATH, 1707–1715

1999 ◽  
Vol 42 (1) ◽  
pp. 133-156 ◽  
Author(s):  
KARL DE LEEUW
Keyword(s):  
The State ◽  
Dutch Republic ◽  
State Council ◽  
Undercover Agent ◽  
The Hague

This article reveals the existence of a hitherto unknown Black Chamber in the Dutch Republic and the identity of its principal codebreaker, Abel Tasien d'Alonne (1646–1723), acting also as private secretary to Grand Pensionary Heinsius. On the basis of an analysis of a number of previously unidentified worksheets, three cases are put together that merited d'Alonne's attention, one related to a French diplomat at the court of the Bavarian Elector during the years 1707–9, one related to an undercover agent of the Bavarian Elector in the Dutch Republic during the years 1711–12 and one related to a French emissary to the state council in Brussels during the period 1714–15. The emergence of a Black Chamber in The Hague is remarkable because the Dutch could always call upon the Black Chamber of Hanover for the solution of any intercepted, coded documents. This indicates that the development of inter-allied relations during the war played a more important role in the rise of the Dutch Black Chamber than one would expect.

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