The Fickleness of Princes

Herbert returned home from Paris in 1621 to recuperate following illness and near bankruptcy and found Parliament engaged in attacks upon Buckingham and James I resisting pressure to intervene militarily in Europe to support his dethroned daughter and son-in-law. Chapter 8 explores Herbert’s unexpectedly warm reception at the English court and his return to France as ambassador at the end of 1622. It examines his role in James I’s attempts to persuade Louis XIII to provide support and assistance to the elector palatine; his continuing, though more restrained, support for French Protestants; and his reports on the unorthodox diplomatic mission undertaken by Charles, prince of Wales, and Buckingham to complete negotiations for the Spanish match. Having accurately forecast that the Spanish infanta would marry a Catholic kinsman and personally promoted the advantages of a French bride for the prince, Herbert was devastated when he was recalled to allow ambassadors more acceptable to Louis XIII to negotiate a French match. The chapter ends with a review of his diplomatic career, set within the wider context of James I’s treatment of ambassadors. It emphasizes the accuracy of Herbert’s diplomatic predictions about Spanish and French priorities and intentions, and debunks the view that Herbert returned to England in disgrace in either 1621 or 1624.

Citizen of the World

During 1614 to 1615, Europe teetered once again on the brink of war and the English court revelled in the rise and fall of James I’s male favourites. Chapter 5 examines Herbert’s decision to turn his back on English politics during the ascendancy of the earl of Somerset and the Howard family and to go abroad to pursue his military interests and travel in Germany and Italy. It traces his growing military reputation, his friendship with Count Maurice of Nassau, and his presence at the 1614 Jülich-Cleves campaign and then follows his journey by horse, coach, and boat through the Netherlands, Germany, Italy, and Switzerland. It highlights his diplomatic connections, sight-seeing interests, and scholarly activities, including his early interest in centres of religion such as Rome and Geneva, together with offers 5.P1, dof military employment, including the commission from Charles Emmanuel I, duke of Savoy, to raise a Protestant army in Languedoc which led to his arrest and temporary imprisonment in Lyon. Herbert resisted pressure from family and friends to return home to manage his estates and only set sail for England in late 1615 once European peace was temporarily secured and as the influence of Somerset and the Howards began to crumble.

Dallah: the death knell for deference?

<p>This paper examines the decision of the United Kingdom Supreme Court in Dallah Real Estate and Tourism Holding Company v The Minister of Religious Affairs, Government of Pakistan, a rare case where an English court refused enforcement of an international arbitral award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Although in Dallah the United Kingdom Supreme Court acknowledged the trend to limit reconsideration of the findings of arbitral tribunals in fact and in law, the Court considered it was bound to decide the question of validity de novo. Contrary to the tribunal, the Court held the arbitration agreement was not valid under the law to which it was subject and refused enforcement of the arbitral award. This paper analyses how the English Supreme Court decided the legal issues before it. It concludes the English court could have reached the same decision on a more convincing basis. Even where the issue is initial consent, holding the court at the place of enforcement is always bound to decide a matter de novo neither serves the objectives of international commercial arbitration nor is necessary to promote the fundamental integrity of arbitral proceedings.</p>

Dallah: the death knell for deference?

<p>This paper examines the decision of the United Kingdom Supreme Court in Dallah Real Estate and Tourism Holding Company v The Minister of Religious Affairs, Government of Pakistan, a rare case where an English court refused enforcement of an international arbitral award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Although in Dallah the United Kingdom Supreme Court acknowledged the trend to limit reconsideration of the findings of arbitral tribunals in fact and in law, the Court considered it was bound to decide the question of validity de novo. Contrary to the tribunal, the Court held the arbitration agreement was not valid under the law to which it was subject and refused enforcement of the arbitral award. This paper analyses how the English Supreme Court decided the legal issues before it. It concludes the English court could have reached the same decision on a more convincing basis. Even where the issue is initial consent, holding the court at the place of enforcement is always bound to decide a matter de novo neither serves the objectives of international commercial arbitration nor is necessary to promote the fundamental integrity of arbitral proceedings.</p>

Breaking Bread with the Bedchamber

This article examines the institution of the Bedchamber of James I of England (1603–1625) through the practice of feasting. Originally comprising James VI’s Scottish entourage, the Bedchamber was a novel introduction to the English royal household in the Jacobean period: as such, this group of attendants came to represent both a body with unparalleled royal access, and a Scottish barrier between James I and his English court. By approaching the Bedchamber through its social and cultural obligations, the institution emerges as a mediating, rather than restrictive, body, serving to enact reconciliation between the king, the Court, and foreign states. Moreover, the Bedchamber’s feasting calendar indicates a broad basis of reward, circulating around several Bedchamber Gentlemen rather than a single favorite. Patterns of Bedchamber feasting ultimately reflected a Court that was largely accessible, not significantly structured by ethnic divisions, and conducive to the proliferation of culture and favor.

influence of the culture of France and Italy on the genre of masque in England

The article discusses the ways of interaction of the French court ballet, the Italian carnival, Italian dance and the English court Masque. The features of royal entertainment in France, known since the reign of Henry II, are revealed. The origin of the French court ballet was determined, its socio-political functions aimed at the hierarchical structuring of the royal court, strengthening the authority of the monarch, the unification of the aristocratic nobility and the removal of hotbeds of tension in society were revealed, which were characteristic features for the functional features of the English court Masque. The stages of the origin, formation, heyday, and decline of the French court ballet are described. A parallel is drawn between the burlesque roles of the king in the court ballet and the birth of an antimasque, the founder of which was was B. Johnson, a poet and playwright. It was established that the Italian style coexisted in England with other European styles during the period of the Stuart reign, and Italian dances, costumes, librettos and stage designs were used in the performances of English Masques.

THE APPLICATION OF PUBLIC BENEFIT REQUIREMENT OF CHARITABLE TRUST IN WAQF COURT JUDGMENT: A REVIEW

Waqf is a form of voluntary charity and its purposes are recognised by Islamic law as religious, pious or charitable. Charitable trust is a public trust where the settlor may aim to create certain purposes. Both waqf and charitable trust share the same objective, which is for the benefit of the community at large. The objective of this article is to reveal how the requirements of “public benefit” in charitable trust are applicable to waqf cases. In determining the validity of a charitable trust, the requirement of public benefit is essential, particularly under the last three charitable purposes, namely advancement of education, advancement of religion, and other purposes beneficial to the community. Besides, the personal nexus test is applied in the case of charitable trust to ensure no personal linkage between the founder and the beneficiaries. These two elements are necessary to establish a valid charitable trust. The English court will first filter out such a case to ensure that there is no infringement of other people’s rights and exploitation of the charitable trust’s privilege. Public benefit requirement and personal test are also applicable in cases relating to waqf cases. In waqf, the Islamic law prescribes two categories, which are “Waqf Khairi” (Public waqf) and “Waqf Ahli” (Family waqf). However, family waqf is treated as “non-charitable under the influence of English law of trust” because it infringes the rule against perpetuities. The methodology used in this article is doctrinal legal research focusing on the legal principle as well as the cases of public benefit requirement, the personal nexus test, and the rule against perpetuities in charitable trust and waqf. This article found that the requirement of public benefit is applicable in public waqf, but not for family waqf. Despite that, family waqf should be maintained as it is a great channel for wealth distribution and succession planning.

Somerset’s Case: The Unsung Verdict and Its Legacy

The paper is a comparison between the English court case Somerset v. Stewart(1772) and the infamous American suit Scott v. Sandford(1857), both of which deal with the issue of a slave’s freedom and seeks to analyze the reason why the judges overseeing these cases rendered different verdicts. The paper specifically explains the verdict of Somerset, which freed the slave in question, and Scott, which did not, in a socio-economic lens, pointing to the American dependency on slavery as a factor in the disenfranchisement of African-Americans, which was less of a factor in England that contributed to an early end to slavery in that country, including through the inclusion of black men in the Royal Army and Navy during Britain’s conflicts with the United States of America. Although a misinterpretation of Somerset’s Judge Lord Mansfield’s verdict, a wide-spread, broad understanding of his decision led to the acceptance of legal freedom for slaves throughout Britain, reinforcing American attempts to resist runaway attempts of slaves for British-controlled territory during the Revolutionary War and later the War of 1812. The paper finally renders the American Revolution as a hypocritical one that did not immediately contribute to equality, and notes Mansfield’s overlooked role in the abolition of chattel slavery.