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By Stuart E. Prall

Throughout this essay all dates are given in New type. whilst pamphlets have been initially dated old school, the hot date has been substituted. In all quotations the unique seventeenth-century spelling has been retained. A "sic" is put within the citation merely the place apparently to make certain that there was a misprint within the unique. i need to precise my honest gratitude to the overdue Professor Garrett Mattingly of Columbia collage for his concept and counsel through the years spent below his sponsorship. It was once a unprecedented privilege to check less than him. Professor Sidney Burrell of Barnard university provided many positive feedback and i'm so much appreciative of the sort curiosity he took within the of entirety of this examine. I additionally desire to thank the editors of the yank magazine of felony background for publishing a few of my fabric on Chancery reform of their magazine. the employees of the North Library of the British Museum was once such a lot worthwhile in making to be had the various volumes of the Thomason assortment. thank you also are a result of employees of the Library of Union Theological Seminary who helped within the position of fabrics from the McAlpin Collection.

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Additional info for The Agitation for Law Reform during the Puritan Revolution 1640–1660

Example text

The fact that Star Chamber was amenable to the royal wishes and would adjudicate favorably upon royal proclamations explained the success of prerogative and personal rule. With the abolition of the Star Chamber this situation ended. 2 According to William Lambarde, writing in the 1 A Looking-Glasse for A II Proud, A mbitious, Covetous and Corrupt Lawyers (London, 1646), Thomason Collection, E. 361 (6). 2 John, Lord Campbell, The Lives of the Lord Chancellors and Keepers of the Great Seal of England, from the Earliest Times till the Reign of King George IV (London, 1845), II, 619-20.

The main point upon which Coke and the Continental "feudists" would differ was over whether or not William I had actually conquered England. Coke believed that each nation had its own peculiar customs and laws, some of which had certain similarities, by coincidence. Therefore, he was neither surprised nor dismayed by the knowledge that certain characteristics of the English tradition paralleled some European customs. But where those in the Continental tradition might emphasize the origin of the feudal structure as having been conquest - by Charlemagne, etc.

The courts had the task of rendering justice in the light of the statutes and customs of the past, without leave to add to that body of precedent. Since the twisting course of events had now succeeded in confirming the Royalist argument that the king was the true upholder of the law and that the law must be inviolable, this was a very consistent position for Jenkins to take. " As the end of the war approached, the Royalist plea was that the whole body of the law - the common usage of the ages - decreed that king and parliament together formed one whole for the governance of the realm.

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