scholarly journals The Treason Legislation of Henry VIII (1531–1534): Alexander Prize Essay, 1916

1917 ◽  
Vol 11 ◽  
pp. 87-123 ◽  
Author(s):  
I. D. Thornley
Keyword(s):  
Henry Viii ◽  
Richard Ii ◽  
Edward Iii ◽  
Henry Iv ◽  
Long Life ◽  
The Creation ◽  
The Law ◽  
The Government ◽  
Emergency Measures ◽  
Prize Essay

All legislation is to some extent the product of circumstance, and none more so than the numerous Acts which have from time to time augmented or reduced the law governing high treason. The basis of that law has been since 1352 the famous Act of 25 Edward III, stat. 5, c. 2, and this Act itself was moulded by the circumstances under which it was passed. Edward III was at the height of his power and popularity, so that in defining treason it was only necessary to include offences likely to be committed against a popular king reigning by an undisputed title. This accounts both for what the Act contains and what it omits, and is the reason for that sufficiency in quiet times which has preserved it for over five centuries. It accounts also for its inadequacy in crises and disturbances, and the need to supplement it under such kings as Richard II and Henry VIII. New treasons are thus emergency measures to enable the Government to cope with particular situations; when the troublous times are over, they and the offences with which they deal disappear naturally with the circumstances which provoked them, and the Act of 1352 once more reigns supreme. When considering the causes of its long life, it must be remembered that Treason Acts fall into two classes: those augmenting and those diminishing the scope of the offence. The Act of 1352 belongs to the latter class. It was passed to bridle the judges in the creation of constructive treasons—a process which had alarmed Parliament—and, unlike all other Acts of its class, it did not follow a revolution or period of crisis, as the Act of I Henry IV, c. 10, followed the reign of Richard II; 1 Edward VI, c. 12, that of Henry VIII; and 1 Mary, c. I, that of Edward VI.

Permanent Officials in the National Administration of the United States

1927 ◽  
Vol 21 (3) ◽  
pp. 529-536
Author(s):  
Frank O. Lowden
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
Government Official ◽  
Business Organization ◽  
Constant Friction ◽  
The Creation ◽  
The Law ◽  
Serious Injury ◽  
The Government

The tendency of all government is toward bureaucracy. The government official is inclined to exaggerate the importance of his office. He is constantly tempted to expand its scope. He is properly jealous of his authority. He looks askance upon the activities of other officials who seem to be trespassing upon his ground. In his construction of the law he is prone to insist upon the letter which killeth but to overlook the spirit which giveth life.I think that this tendency is inevitable. It is inseparable from zeal and pride, and these qualities are essential to successful administration. Where, however, the enterprise is a vast one, as in government, or as in a great business organization, these tendencies, if left uncontrolled, are likely to inflict serious injury upon the service. There will be constant friction among the various subdivisions of the particular department. At times the activities of one will neutralize the activities of the other. A set of arbitrary rules is likely to be evolved which will vex everyone who comes in contact with the particular bureau. The original purpose of the creation of the bureau is finally lost sight of, and it is likely to seem to those who direct it an end and not a means.

Pembentukan Peraturan Kebijakan Berdasarkan Asas-Asas Umum Pemerintahan yang Baik

Lentera Hukum ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 164 ◽  
Author(s):  
Sadhu Bagas Suratno
Keyword(s):  
Good Governance ◽  
Conflicts Of Interest ◽  
Policy Rules ◽  
Indonesian Government ◽  
The Creation ◽  
Legal Uncertainty ◽  
The Law ◽  
Written Law ◽  
The Government ◽  
Implementation Level

The creation of policy is one of the prerogatives of a free and uninhibited (freies ermessen, or free discretion) government administrations. Although freies ermessen grants free authority to the government, within the framework of national the law said the government should still observe legislation and the Principles of Good Governance. However, at the implementation level, there are still many policies that which are difficult to put into effect due to ambiguous interpretation and conflicts of interest, thus resulting in legal uncertainty. Based on this, there needs to be an affirmation of the position taken by the Indonesian government regarding the contradictory relationship between written law and implementation, so as to ensure the appropriate application of the principles of freies ermessen. Keywords: Policy Rules, Freies Ermessen, Legislatin, Good Governance Principles

Thomas Arundel and the Baronial Party Under Henry IV

1984 ◽  
Vol 16 (2) ◽  
pp. 131-149
Author(s):  
John W. Dahmus
Keyword(s):  
The Other ◽  
Medieval History ◽  
Richard Ii ◽  
Other Hand ◽  
Henry Iv ◽  
The Government ◽  
The Way ◽  
The Revolution

In July 1399, the exiled Henry of Lancaster returned to England with the exiled archbishop of Canterbury, Thomas Arundel, and a few followers and successfully wrested the English throne from Richard II. Historians have long debated the events of the revolution of 1399 and Henry's subsequent reign. In the last century Stubbs argued that Henry “had risen by advocating constitutional principles” and had “made the validity of a parliamentary title indispensable to royalty.” Lapsley, on the other hand, claims that it was Henry's followers, not Henry, who promoted parliamentary power; they tried to force a parliamentary title on him, but to no avail. McFarlane agrees with Lapsley that Henry was not inspired by constitutional principles; rather Henry “duped” and “outwitted” his followers in his successful usurpation of the crown.McFarlane goes on to describe a baronial opposition to Henry which was led by Thomas Arundel. In his Cambridge Medieval History article on the Lancastrian kings, he writes: “At the beginning of the new reign he [Thomas Arundel] seemed to stand with the Percies and other noble supporters of the revolution for the preponderance of the baronage in the affairs of the realm.… In Lancastrian Kings and Lollard Knights this interpretation is somewhat qualified: If we may judge from the speech with which he [Arundel] opened the first Parliament of the new reign he stood for what may be called the traditional baronial theory of government. The government he said, would not be “by the voluntary purpose or singular opinion” of the king alone but by “the advice, counsel and consent” of “the honourable wise and discreet persons of his realm.” This was as much a warning to Henry as a manifesto on his behalf.McFarlane adds that Arundel was “evidently not altogether happy at the way the new king was already behaving.” He and Henry “only gradually … came together.”

scholarly journals Rencana dan Strategi Peningkatan Kesadaran Hukum Masyarakat

2018 ◽  
Vol 1 (1) ◽  
pp. 15
Author(s):  
Ibrahim Ahmad
Keyword(s):  
Educational Institutions ◽  
Legal Consciousness ◽  
Counseling Programs ◽  
Psychic Life ◽  
State Administration ◽  
Strategic Role ◽  
The Creation ◽  
The Law ◽  
The Republic ◽  
The Government

In Article 1 paragraph (3) of the Constitution of the Republic of Indonesia affirmed that Indonesia is a State of law. Based on the phrase it would be appropriate and reasonable if every citizen of the Republic of Indonesia must have a high legal awareness. The legal consciousness is the awareness that every human being has of what the law is or what the law should be, a certain category of our psychic life by which we distinguish between the law (recht) and not thelaw (onrecht), between what should be done and not necessarily done. Awareness of what the law means is the awareness that the law is a protection of human interest, because the lawis a method whose function is to protect human interests. Thus the legal counseling program towards the creation of legal awareness has a very urgent and strategic role. Therefore, legal education programs in various forms, whether oral orwritten, are urgently required to be realized simultaneously by every agency or institution, whether executive, legislative or judicial. Legal counseling programs should be conducted in various area so flaw, both in civil law, criminal law and in the field of constitutional law, as well as in the field of state administration law. Furthermore, the implementation of early counseling programs through formal educational institutions in all strata needs to be done and encouraged optimally. The benchmark so fthesuccess of the expected law-conscious villages based on the expected conditions as mentioned above are as follows: The creation of national stability in general, The creation of legal objectives of legal certainty, justice, benefit and public order, Public trust to the government is very high, The life of a safe and peaceful society, and the level of community economy is increasing and equitable.

scholarly journals Un debate sobre la Ley de 1841: Navascués, la Diputación, «El Mosquerino» y Ezquerra

2020 ◽  
pp. 201-228
Author(s):  
Juan Cruz Alli
Keyword(s):  
Development Section ◽  
The Creation ◽  
The Law ◽  
The Government

RESUMEN El diputado por el distrito de Tudela Navascués presentó una enmienda a la ley de presupuestos de 1860 para consignar una partida que permitiese crear en Navarra una Sección de Fomento. Suscitó una polémica sobre el alcance y naturaleza de la Ley de 16 de agosto de 1841 y las competencias de la Diputación, que criticó la iniciativa. Le replicó el diputado, terció «El Mosquerino» apoyando a la corporación provincial, y a ambos el jurista Ezquerra. Se discutió la naturaleza de ordinaria y reformable de la ley o paccionada, y si las facultades de fomento eran propias del Gobierno o de la Diputación. LABURPENA Navascués izeneko Tuterako barrutiko diputatuak zuzenketa bat aurkeztu zuen 1860ko aurrekontuen legearen aurrean, partida bat bideratzeko Nafarroan Sustapen Atal bat sortzera. Horrek eztabaida bat piztu zuen, 1841eko abuztuaren 16ko Legearen irismenaren eta izaeraren gainekoa eta Diputazioaren eskumenen gainekoa. Azken horrek ekimena kritikatu zuen. Diputatuak erantzun egin zuen, «El Mosquerinok» hitza hartu zuen probintziako korporazioaren alde egiteko, eta bi horiei erantzun zien Ezquerra legelariak. Eztabaidatu zen ea legea arrunta eta erreformagarria zen, edo, aldiz, itundua ote zen, eta ea sustapen eskumenak norenak ziren, Gobernuarenak edo Diputazioarenak. ABSTRACT The deputy for the district of Tudela Navascués presented an amendment to the budget law of 1860 to consign a game that would allow the creation of a Development Section in Navarra. It raised a controversy about the scope and nature of the Law of August 16, 1841 and the powers of the Diputación, which criticized the initiative. The deputy replied, said «El Mosquerino» supporting the provincial corporation, and both jurist Ezquerra. The nature of ordinary and reformable law or pacified was discussed, and whether the powers of promotion were those of the Government or of the Provincial Council.

scholarly journals War Games: Staging the Histories in an American Presidential Year

Linguaculture ◽  
2017 ◽  
Vol 2017 (2) ◽  
pp. 59-68
Author(s):  
Kath Bradley
Keyword(s):  
Richard Ii ◽  
Richard Iii ◽  
Henry V ◽  
Political Concern ◽  
Edward Iii ◽  
Henry Iv ◽  
Political Statement ◽  
Henry Vi ◽  
Artistic Director ◽  
Selection Of

Abstract This paper examines the ways in which the seldom performed collaborative play, Edward III, was re-contextualised by Barbara Gaines, Artistic Director of the Shakespeare Theater of Chicago, in order to create a specifically presentist piece of theatre making a forceful political statement during the 2016 US presidential election. Edward III formed the opening section of a trilogy entitled Tug of War: Foreign Fire, which continued with Henry V, and Henry VI Part I. The second trilogy, Tug of War: Civil Strife, comprised the remaining two parts of Henry VI and Richard III. The paper will address the rationale behind the selection of these specific plays, and why it was felt unnecessary to fill the historical lacuna created by the exclusion of Richard II and Henry IV Parts I and II. In addition, it will also examine the limitations inherent in the available archival material when researching an ephemeral theatrical event, particularly one which has been edited and directed in order to address issues of immediate political concern. Selected extracts from my own review of the first of these two trilogies will seek to offer a more detailed response than is possible for journalistic reviewers and to provide sufficient background to prove of benefit for future researchers.

monarch’s power, delegated to the Lord Chancellor, gave rise to a stream of English law known as equity, that area of law which rectifies the cruelties and injustices of the common law. An area of law where would-be litigants must prove their moral worth prior to the hearing of the case. It can be seen that it is the body of the sovereign that tacitly unites religion, law and politics. It is, of course, the Government that has acquired these powers in reality; the monarch is merely the symbol of their existence. English monarchs still retain, by law, the power to heal. The English system of secular justice, in terms of personnel, processes and rules, is steeped in the Judaeo-Christian justice as interpreted and mediated through English translations of the Greek translations of the Hebrew and Aramaic of the Bible. A Greek language whose vocabulary is shot through with the philosophy of dualism— light/dark, good/bad, good/evil, male/female, slave/free, gods/humans—a dualism not that apparent in Hebrew and Aramaic. This dualism has entered the law through language. So language is powerful, it enables the manifestation of the past in the present and the projection of the future into the present. Language, thus, facilitates easy discussion of complexities like time. Lawyers too, in a similar manner, have tried to prove that the integrity of the judge and/or legislator is carried in the words. A key problem in relation to the integrity of law is the maintenance of certainty despite the variability of language. Some legal doctrines relating to the interpretation of law deny that language has a flexibility, fearing that this would be a sign of its weakness and lack of certainty; others acknowledge the flexibility of language and look to the legislators intention. This, too, is a search for the mythical as legislation is changed for a variety of reasons during its drafting and creation stages. If language is seen to be too flexible, the law begins to look less certain. The root problem here is the language, not the law, yet the two are intimately connected, for the law is carried by the language; so is it not true that the law is the language? The following illustration of linguistic difficulties that concern translation, interpretation and application initially draws quite deliberately from religion to attempt to break preconceptions about language, and to illustrate the problems arising from the necessarily close relationship between language and law. There will be a return to law shortly. The Christian religion, rather than any other religion, is being considered because it is the religion that remains today at the core of English law. This is one reason why English law can have, and has had, difficulty with concepts from differing religious traditions that have presented themselves before the courts demanding acceptance and equality. Whilst English law states that it maintains neutrality in matters of religion and yet fails to resolve major tensions within it in relation to Christianity, discrimination remains at the heart of English law. The law’s understanding of Christianity has come from the collected texts that make up the Bible: texts that different Christian groups in England, Scotland and Wales went to war over in the 16th and 17th centuries. The wars were initiated and supported by differing political factions established after Henry VIII made his break with the authority, but not the theology, of Rome in the early 16th century. Henry VIII took for

2012 ◽  
pp. 27-27
Keyword(s):  
Henry Viii ◽  
Religious Traditions ◽  
The Bible ◽  
English Translations ◽  
Close Relationship ◽  
Political Factions ◽  
English Law ◽  
The Law ◽  
The Government ◽  
Female Slave

“A Wrong Whom Conscience and Kindred Bid Me to Right:” A Reassessment of Edmund of Langley, Duke of York, and the Usurpation of Henry IV

1994 ◽  
Vol 26 (2) ◽  
pp. 253-272
Author(s):  
Douglas Biggs
Keyword(s):  
David Hume ◽  
The Political ◽  
Political Arena ◽  
Natural Philosopher ◽  
Richard Ii ◽  
Historical Figure ◽  
Edward Iii ◽  
Henry Iv ◽  
The Face ◽  
Total Failure

Edmund of Langley, Earl of Cambridge, Duke of York. Just the mention of the name for most historians conjures the image of an historical figure with all the moral fortitude and intelligence of Rowan Atkinson's Black Adder. The fourth surviving son of Edward III, born too late to join in the glorious campaigns of his father, young Edmund became a pawn in the futile games of Plantagenet martial diplomacy. After his father's death, all of Edmund's incursions into the political arena resulted in total failure. Abroad, Earl Edmund's “monumental stupidity” in Portugal tore asunder John of Gaunt's grand strategy to acquire the throne of Castile. At home, Edmund of Langley's “lazy and indifferent” support of Richard II during the appeal of treason against the Duke of Ireland and a number of the young king's other favorites ensured the success of Thomas of Woodstock and the appellants. Though Edmund served as custodian of the realm during Richard's Irish campaign of 1394 and presided over Parliament the following year, such high office overmatched the Duke of York's abilities. Duke Edmund's “fatuous” vacillation in the face of Henry of Lancaster throughout the summer of 1399 cost Richard his throne. As the noted historian and natural philosopher David Hume observed, “The Duke of York was left as guardian of the realm; a place to which his birth entitled him, but which both his slender abilities, and his natural connections with the Duke of Lancaster, rendered him utterly incapable of filling in such a dangerous emergency.” Edmund of Langley's choice to “remain as neuter” in response to Henry of Bolingbroke, along with his treacherous submission to Duke Henry, allowed him and his family to survive the usurpation unscathed. But the new king could find no use for a man who possessed such titanic infidelity, and Henry quickly cast the loathsome York from council and government. Though York lived on until 1402 he remained on the periphery of the Lancastrian establishment. Even Duke Edmund's death attracted little notice, being, as-it-were, only a footnote to his colorless, uninspiring existence.

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