Politics Law And Counsel In Tudor And Early Stuart England

This book investigates the norms and values of Tudor and early-Stuart politics, which are considered in the contexts of law and the Reformation, legal and administrative institutions, and classical and legal humanism. Main themes include 'imperial' monarchy and the theory of 'counsel', Parliament and the royal supremacy, conciliar politics and organization, the relationship of law and equity, and the jurisdictional rivalry between the courts of common law and canon law. The author argues that norms of Tudor England were sufficiently pluralist to satisfy both 'absolutist' and 'constitutionalist' aspirations, whereas by 1628 they proved no longer effective as a mechanism for the orderly conduct of politics. The clash between two conflicting sets of values was translated into a clash of ideologies.

This volume of essays explores the rise of parliament in the historical imagination of early modern England. The enduring controversy about the nature of parliament informs nearly all debates about the momentous religious, political and governmental changes in early modern England - most significantly, the character of the Reformation and the causes of the Revolution. Meanwhile, scholars of ideas have emphasised the historicist turn that shaped the period's political culture. Religious and intellectual imperatives from the sixteenth century onwards evoked a new interest in the evolution of parliament, shaping the ways that contemporaries interpreted, legitimised and contested Church, state and political hierarchies. Since J. G. A. Pocock's brilliant The ancient constitution and the feudal law (1957), scholars have recognised that conceptions about the antiquity of England's parliamentary constitution - particularly its basis in common law - were a defining element of early Stuart political mentalities and ideological debates. The purpose of this volume is to explore the range of contemporary views of parliament's history and to trace their growing definition and prominence over the Tudor and early Stuart period. Historical culture is defined widely to include chronicles, more overtly 'literary' texts, antiquarian scholarship, religious polemic, political pamphlets, and the intricate processes that forge memory and tradition. The volume restates the crucial role of institutions for understanding the political culture and thought of the early modern period. It will be of interest to students and scholars of the political, religious and intellectual history and literature of the early modern English-speaking world and Europe.

The papers collected in these volumes revolve around the political, constitutional and personal problems of the English government between the end of the fifteenth-century civil wars and the beginning of those of the seventeenth century. Previously published in a great variety of places, none of them appeared in book form before. They are arranged in four groups (Tudor Politics and Tudor Government in Volume I, Parliament and Political Thought in Volume II) but these groups interlock. Though written in the course of some two decades, all the pieces bear variously on the same body of major issues and often illuminate details only touched upon in Professor Elton's books. Several investigate the received preconceptions of historians and suggest new ways of approaching familiar subjects. They are reprinted unaltered, but some new footnotes have been added to correct errors and draw attention to later developments.

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

This volume in 'The Oxford History of the Laws of England' covers the years 1483-1558, a period of immense social political, and intellectual changes which profoundly affected the law and its workings.

This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.

A Companion to Tudor Britain provides an authoritative overview of historical debates about this period, focusing on the whole British Isles. An authoritative overview of scholarly debates about Tudor Britain Focuses on the whole British Isles, exploring what was common and what was distinct to its four constituent elements Emphasises big cultural, social, intellectual, religious and economic themes Describes differing political and personal experiences of the time Discusses unusual subjects, such as the sense of the past amongst British constituent identities, the relationship of cultural forms to social and political issues, and the role of scientific inquiry Bibliographies point readers to further sources of information

Sir Richard Morison (c.1513-1556) is best known as Henry VIII's most prolific propagandist. Yet he was also an accomplished scholar, politician, theologian and diplomat who was linked to the leading political and religious figures of his day. Despite his prominence, Morison has never received a full historical treatment. Based on extensive archival research, Renaissance and Reform in Tudor England provides a well-rounded picture of Morison that contributes significantly to the broader questions of intellectual, cultural, religious, and political history. Tracey Sowerby contextualizes Morison within each of his careers: he is considered as a propagandist, politician, reformer, diplomat and Marian exile. Morison emerges as a more influential and original figure than previously thought.