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2022 ◽  
Vol 24 (1) ◽  
pp. 68-86
Author(s):  
Norman Doe

Over the course of the reigns of the last two Tudors and first three Stuarts – just in excess of a century – the national established Church of England was disestablished twice and re-established twice. Following the return to Rome under Mary, Elizabeth's settlement re-established the English Church under the royal supremacy, set down church doctrine and liturgy, embarked on a reform of canon law and so consolidated an ecclesial polity which many today see as an Anglican via media between papal Rome and Calvinist Geneva. However, as a compromise, the settlement contained in itself seeds of discord: it outlawed Roman reconciliation and recusancy; it extended lay and clerical discipline by the use of ecclesiastical commissioners; and it drove Puritans to agitate for reform on Presbyterian lines. While James I continued Elizabeth's policy, disappointing both Puritans and Papists, Charles I married a Roman Catholic, sought to impose a prayer book on Calvinist Scotland, asserted divine-right monarchy, engaged in an 11-year personal rule without Parliament and favoured Arminian clergy. With these and other disputes between Crown and Parliament, civil war ensued, a directory of worship replaced the prayer book, episcopacy and monarchy were abolished and a Puritan-style republic was instituted. The republic failed, and in 1660 monarchy was restored, the Church of England was re-established and a limited form of religious toleration was introduced under the Clarendon Code. In all these upheavals, understandings of the nature, source and authority of human law, civil and ecclesiastical, were the subject of claim and counter-claim. Enter Robert Sanderson: a life begun under Elizabeth and ended under Charles II, a protagonist who felt the burdens and benefits of the age, Professor of Divinity at Oxford and later Bishop of Lincoln, and a clerical-jurist who thought deeply on the nature of human law and its place in a cosmic legal order – so much so, he may be compared with three of his great contemporaries: the lawyer Matthew Hale (1609–1676), the cleric Jeremy Taylor (1613–1667) and the philosopher Thomas Hobbes (1588–1678).


2021 ◽  
pp. 170-194
Author(s):  
Christine Jackson
Keyword(s):  

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.


2021 ◽  
pp. 141-169
Author(s):  
Christine Jackson

Herbert’s embassy coincided with a particularly complex period of European diplomacy as Catholic and Protestant nations moved from negotiating to taking up arms in the Thirty Years War. Chapter 7 explores his diplomatic role, actions, and lifestyle. It considers the difficulties he encountered in serving an English monarch pursuing a pro-Spanish foreign policy unpopular with a majority of his subjects, while cultivating good relations with an inexperienced French monarch facing internal opposition from his politically ambitious mother, rebellious nobility, and a discontented Protestant minority. It looks at Herbert’s reinvigoration of his noble and princely contacts in France and other European states and his relations with princes, ministers, and fellow diplomats. It focuses upon his determination to maximize his status and dignity when representing James I in the renewal of the oath of alliance with France, his energetic but unofficial support for the elector and electress palatine when they accepted the Bohemian Crown and triggered European-wide war, and his robust defence of French Protestants. It emphasizes the quality of his diplomatic reports and the success of his diplomatic networking and intelligence gathering. It examines his controversial exchanges with Louis XIII, and the royal favourite, the duke of Luynes, when, on the direct instruction of James I, he criticized the French king’s use of military force to suppress French Protestantism in south-west France during 1620 to 1621.


2021 ◽  
pp. 285-310
Author(s):  
Christine Jackson

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.


2021 ◽  
pp. 153-198
Author(s):  
Benedict Wiedemann

In the first decades of the thirteenth century, Popes Innocent III and Honorius III found themselves bound to support the succession of three young kings—Henry III of England, James I of Aragon, and Frederick II of Sicily. Although a supposed feudal right of wardship has often been supposed to have motivated the popes, actually, papal letters changed and altered their justifications for papal solicitude depending on the circumstances of the time. In practice, papal involvement in these royal minorities was reactive: the pope replied to petitions he received. Consequently, papal mandates and instructions were often variable and even contradictory. Papal instructions—rather than being a medium for a centralized papal will to be expressed—were more often the means through which local power struggles were fought.


2021 ◽  
pp. 188-210
Author(s):  
N. S. Zelezinskaya

The article aims to explain the significance of Shakespeare’s transformations of the fairy image (A Midsummer Night’s Dream), which represent a shiſt in English mentality in early modern times and establish astill relevant tradition. The author follows the evolution of the perception of thesupernatural in popular consciousness, contemporary documents (bestiaries, treatises, and court proceedings), as well as literature (Spenser, Chaucer, and Milton). N. Zelezinskaya proceeds to identify the factors influencing the image of fairies in a religious, cultural, and philosophical context: opinions of d’Abano, Buridan, and Pomponazzi; the division into divine and false miracles, the Protestant crusade against the belief in spirits, the association of fairies with Papism, Elizabethan masquerades, and fears of James I and others. The article mentions the two traditions in thedepiction of fairies and explores the unique quality of Shakespearean images: agglutination of the two traditions in the same play, transformed appearance of fairies, distancing from the witchcraſt discourse, enhancement of positive connotations, and downgrading of the fairy queen’s image.


2021 ◽  
pp. 17-33
Author(s):  
Nadine Akkerman
Keyword(s):  
James I ◽  

This chapter begins by describing the monumentalisation of Elizabeth Stuart's grandmother Mary, Queen of Scots, on October 14, 1612. On October 16, the German Prince Frederick V arrived at Gravesend with one purpose in mind: to marry England's only princess, the daughter of a Scot and a Dane. However, the death of Elizabeth Stuart's brother Henry refocused attention on the problem of the succession, a problem that Elizabeth I's secretary Robert Cecil had sought to deal with in 1601 when he opened negotiations with King James over the fate of England's crown. The chapter details how Elizabeth I's refusal to indicate an heir caused problems and fear of a possible power vacuum. Reports vary as to her final words, but at some point the decision was made that, as expected, James VI of Scotland was to be crowned James I of England. When the death of Henry, Prince of Wales, made many of James's subjects fear for the succession as they had during the final years of his predecessor's reign, they would not look to Henry's brother Charles, the male heir, but to his elder sister, Elizabeth. The chapter then recounts Elizabeth Stuart's childhood and her transformation from Scottish to English Princess.


2021 ◽  
Vol 28 (57) ◽  
pp. 53-65
Author(s):  
Vitor Sommavilla de Souza Barros

In this paper, I argue that principles of justice, contrary to what John Rawls and Thomas Nagel believe, do apply transnationally. I start with a debate about the proper scope of justice and defend the view according to which social practices, apart from the structure of the state, ought to be included in the purview of justice. However, I hold that there is no need to include individual behaviour, alongside social practices, opposing G. A. Cohen’s view on this matter and agreeing with Aaron James. I then argue for a relational account of equality, understood as a central principle of justice, whose application is feasible at the transnational level. Finally, I briefly discuss two examples of international social practices that could (and in my view ought to) be assessed in terms of social justice and respond to two objections to my position.


Pólemos ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 161-190
Author(s):  
Ian Ward

Abstract Sir Edward Coke, Jacobean Lord Chief Justice, is commonly regarded as being one of the great jurists in English legal history. In considerable part, for reason of his vigorous defence of the courts of common law against the seeming intrusions of royal prerogative, his running dispute with King James I is renowned, not least as a precursor to the civil wars which would later engulf James’s son, King Charles I. The purpose of this essay is revisit Coke and, more closely still, some of his most famous judgments, in order to trace the origins of the principle of ‘legality’. It will close in whimsical tones, by wondering what Coke might have thought of ‘legal’ regime put in place in the UK during the coronavirus pandemic.


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