Charge – fixed and floating: Agnew and Another v. Commissioner of Inland Revenue, Privy Council (New Zealand), 5 June 2001 (the “Brumark” case) Charge and Hypothec as Functional Equivalents

Our endeavour is dedicated to a few security devices. The first part of the current work is called “Words of Introduction”. The second portion takes into account a Privy Council case: Agnew and Another v. Commissioner of Inland Revenue, Privy Council (New Zealand), 5 June 2001 (the Brumark case). The third part briefly focuses on charge and mortgage. The fourth portion, in a succinct manner, describes the hypothec. The fifth and final part shows that charge and hypothec are functional equivalents.

Royal Counsel in Tudor England, 1485–1603

Royal counsel in Tudor England has been a central historiographical theme for over twenty years. This review offers a critical assessment of the state of the field. It appraises historical and literary scholarship on both the theory and practice of royal counsel. Among other themes, it discusses the concepts of evil counsel and arcana imperii. The review concludes by suggesting priorities for future enquiry, including the need to think more carefully about which areas of English government still required royal decision-making, and therefore counsel, in this period. The article also charts the rise of conciliar ‘government under the king but not by the king’ and shows that Tudor counsel often happened the wrong way around: the monarch advised the privy council on the direction of state policy. It calls for a new administrative history in early modern studies, with a renewed focus on institutions and their procedures, to complement existing strengths in the fields of political culture and political thought.

Courtier and Swordsman

During the years 1610 to 1612 the threat of war returned to haunt Europe and James I’s critics looked increasingly to Henry, prince of Wales, as a future military and Protestant leader. Chapter 4 looks at Herbert’s engagement with courtly politics and support for his kinsman, Pembroke, who opposed the powerful pro-Catholic and pro-Spanish Howard faction and favoured providing military assistance to fellow Protestants in Europe and seeking alliance with France. It examines Herbert’s determination to secure honour and military experience by fighting as a volunteer in the Protestant army defending Jülich-Cleves in 1610 and the contribution of his military exploits in camp, where he learned the art of making war under Sir Edward Cecil, and his emerging chivalric reputation in England and on the continent. It considers his attempt to defend his honour in a series of duels, including most notoriously with Theophilus Howard, Lord Walden, and Sir John Eyre, and the reaction of the Privy Council and fellow courtiers to the fashion for duelling. It explores Herbert’s involvement in courtly and literary circles; the favour shown him by Anne of Denmark; his friendship with John Donne, Sir Robert Harley, and Sir Thomas Lucy; his commissioning of portraits by leading court artists; and his difficult relationship with members of the Howard family that led, following the rise of Robert Carr, earl of Somerset, as royal favourite and the deaths of Robert Cecil, earl of Salisbury, and Prince Henry, to his withdrawal from court politics.

Noble Preoccupations

The accession of Charles I exacerbated the tensions experienced between monarch and Parliament under James I and Herbert’s courtly career gradually faded following the deaths of the duke of Buckingham and earl of Pembroke. Chapter 13 examines Herbert’s attempts, after his return from France, to secure noble title, appointment to the Privy Council, and payment of his long-overdue allowances. It explores his efforts, as old age approached, to retain a place for himself among the rising stars at court, carve out a role for himself as a member of the Council of War, avoid active involvement in parliamentary criticism of the royal prerogative, offer occasional (unsolicited) advice to the king, and reassert his authority in county government in Montgomeryshire and Shropshire. It looks at his extensive remodelling of Montgomery Castle to provide a fashionable country house appropriate to his rank, his use of prestigious rental properties in London, and his efforts to increase the income derived from his neglected estates in England, Wales, and Ireland. It charts his difficult relationship with his wife and adult children and neglect of his patriarchal responsibilities, including his failure to marry his daughter and his longstanding dispute with his eldest son, Richard, over his allowance, debts, and inheritance of his mother’s estates. It briefly probes Herbert’s unsuccessful attempt to remarry in the late 1630s.

PERROT, PIRATES AND PARISIAN GROCERS: SIR JOHN PERROT, COURT FACTION, JURISDICTIONAL CONFLICT AND THE AFFAIR OF THE PETER AND PAUL

The Marseilles ship, the Peter and Paul, became the object of a bitter dispute that internationalized an incident involving the royal courts of England, France, Portugal and Spain. At the time it was something of a cause célèbre that preoccupied the court, Privy Council and High Court of Admiralty. The significance of the ship's detention lies not so much in the incident itself but in the events surrounding it and the light it sheds on competing and conflicting jurisdictions involving the Westminster and Dublin governments. It reveals much about the bitter factionalism at the royal court which involved the Pembrokeshire magnate Sir John Perrot and Walter Devereux, earl of Essex.

Political Prophecy in Elizabethan England

<p>This thesis examines political prophecy in England during the reign of Elizabeth I (1558-1603). The belief that foreknowledge of events could be attained through means such as the practice of astrology, revelation from God, or the interpretation of supposedly prophetic texts was widespread in English society during the early modern period. This thesis discusses how those both within and outside of the government used prophecy in their engagement with the political issues which faced England during Elizabeth’s reign, especially in relation to religion and the succession. Because prophecy offered a source of authority for political change it was often employed in opposition to established authorities, prompting legislation criminalising seditious prophecies and printed works condemning them. By examining a wide range of primary sources, including assize records, Privy Council reports, depositions, diplomatic and administrative correspondence, and printed tracts and sermons, this thesis reveals how prophecy pervaded the political culture of Elizabethan England.</p>

Political Prophecy in Elizabethan England

<p>This thesis examines political prophecy in England during the reign of Elizabeth I (1558-1603). The belief that foreknowledge of events could be attained through means such as the practice of astrology, revelation from God, or the interpretation of supposedly prophetic texts was widespread in English society during the early modern period. This thesis discusses how those both within and outside of the government used prophecy in their engagement with the political issues which faced England during Elizabeth’s reign, especially in relation to religion and the succession. Because prophecy offered a source of authority for political change it was often employed in opposition to established authorities, prompting legislation criminalising seditious prophecies and printed works condemning them. By examining a wide range of primary sources, including assize records, Privy Council reports, depositions, diplomatic and administrative correspondence, and printed tracts and sermons, this thesis reveals how prophecy pervaded the political culture of Elizabethan England.</p>

'To Save the People from Themselves'

In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role lawyers and judges played in transforming these assumptions, creating the practice and doctrine of American judicial review in a half dozen state cases during the 1780s. The book concludes by showing that the ideas formulated during those years shaped critical decisions taken by the Constitutional Convention of 1787, which turned the novel practice into a permanent, if still deeply controversial, feature of the American constitutional system.

Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378, Privy Council. The document also includes supporting commentary from author Derek Whayman.