Cromwell's Place in History
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Sovereignty in British Legal Doctrine*
SOVEREIGNTY IN BRITISH LEGAL DOCTRINE* Joaquín Varela Suanzes-Carpegna I. INTRODUCTION.- II. FROM THE LOWER MIDDLE AGES TO THE REVOLUTION OF 1688.- 2.1. Bracton and Fortescue.- 2.2. The formulation of parliamentary soverignty under the Tudors.- 2.3. Absolutism and Constitutionalism under the Stuarts.- 2.4. The Rule of Law and Parliamentary Sovereignty Parliament.- III. SOVEREIGNTY IN JOHN LOCKE'S "SECOND TREATISE ON CIVIL GOVERNMENT".- 3.1. Government by the consent of the governed.- 3.2. The separation of powers.- 3.3. The supremacy and limits of the legislature.- 3.4. The sovereignty of the people.- IV. FROM HUME TO PALEY.- 4.1. David Hume, Locke's critic: Parliament is sovereign, not the people.- 4.2. William Blackstone's ambivalent attitude.- V. FROM BENTHAM TO DICEY.- 5.1. Jeremy Bentham and the sovereignty of the electoral body.- 5.2. John Austin and the House of Commons as trustee of the electorate.- 5.3. Dicey and the distinction between juridical and political sovereignty I. INTRODUCTION By titling this article 'Sovereignty in British Legal Doctrine' rather than 'The British Doctrine of Sovereignty' I wanted to underline that I am not only going to examine the doctrine of Parliamentary Sovereignty, genuinely British, but also the sovereignty of the people, which is common throughout western juridical and political theory. In reality, it is the juxtaposition between both doctrines of sovereignty that the following pages revolve around, which also address the link between Parliament and Judges or, expressed in a different manner, -
The English Revolution in Historiographical Perspective
The English Revolution in Historiographical Perspective Daniel M. Roberts, Jr. Three hundred years have passed since native Englishmen last made war on each other. Yet, even after the Restoration of the House of Stuart, a great struggle of interpretation continued; men felt compelled to explain the war, its causes, circumstances, and results. Benedetto Croce (1866-1952) observed that all history is contemporary history. One need search no further for the truth of this dictum than the prodigious corpus of scholarly disputation seeking to interpret the English Revolution. Each century has provided fresh insights into the war, and the literature on this conflict serves to remind us that a historian's writing reveals as much about the writer as it does about the subject. The task at band is to fashion a description of the scholars who have investigated those civil distempers which gripped England in the mid-seventeenth century, striving, by this, to understand more of the subject by examining the examiners. The study of the English Revolution is a case study of historiogra phical dispute-a veritable panoply of learned pyrotechnics. Any analysis of this subject is complicated by the emotional investment common to those writing about civil conflict on their native soil; objectivity tends to suffer. This requires unhesitating skepticism when dealing with interpre tive writing. Despite the ritualistic protestations of pure and disinterested analysis, purged of any partisan presupposition, authors rarely become, as Edward Hyde, First Earl of Clarendon (1609-74), claimed to be, free from "any of those passions which naturally transport men with prejudice towards the persons whom they are obliged to mention, and whose actions Daniel M. -
The Making of Englishmen Studies in the History of Political Thought
The Making of Englishmen Studies in the History of Political Thought Edited by Terence Ball, Arizona State University JÖrn Leonhard, Albert-Ludwigs-Universität Freiburg Wyger Velema, University of Amsterdam Advisory Board Janet Coleman, London School of Economics and Political Science, UK Vittor Ivo Comparato, University of Perugia, Italy Jacques Guilhaumou, CNRS, France John Marshall, Johns Hopkins University, Baltimore, USA Markku Peltonen, University of Helsinki, Finland VOLUME 8 The titles published in this series are listed at brill.com/ship The Making of Englishmen Debates on National Identity 1550–1650 By Hilary Larkin LEIDEN • BOSTON 2014 This is an open access title distributed under the terms of the CC BY-NC 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/ by-nc/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. An electronic version of this book is freely available, thanks to the support of libraries working with Knowledge Unlatched. More information about the initiative can be found at www. knowledgeunlatched.org. Cover illustration: Titian (c1545) Portrait of a Young Man (The Young Englishman). Galleria Palatina (Palazzo Pitti), Florence, Italy. Library of Congress Cataloging-in-Publication Data Larkin, Hilary. The making of Englishmen : debates on national identity, 1550-1650 / by Hilary Larkin. -
Appendix the Published Writings of Samuel Rawson Gardiner [In 1903
Appendix The Published Writings of Samuel Rawson Gardiner [In 1903, the Royal Historical Society published A Bibliography of the Historical Works of Dr. Creighton … Dr. Stubbs … Dr S.R. Gardiner and the Late Lord Acton, edited by W. A. Shaw. The section on Gardiner contains a number of errors, and, more importantly, is incomplete. Its 309 entries have been augmented here with a further 140 items discovered in the course of the compilation of this new bibliography. It is divided into journal contributions, books, contributions to multi-authored works, and other publications; each is arranged chronologically within its subdivisions. Needless to say, further items are undoubtedly to be found, especially as further research on journals with anonymous contributors continues. Furthermore, other, more ephemeral pieces – such as newspaper correspondences – are likely to turn up. The author will be most grateful to hear from any readers who can augment this bibliography.] 1. Journal contributions 1.1 Contributions to The Academy N.B. publication details omitted from review titles. ‘Ritter’s History of the German Union. [Geschichte der deutschen Union von den Vorbereitungen des Bundes bis zum Tode Kaiser Rudolfs II. (1598-1612). Von Moritz Ritter]’ [review], iv (15 Oct. 1873), 392-93 ‘Religion and Allegiance; Two Sermons preached before the King. By Roger Mainwaring’ [review], v (3 Jan. 1874), 4-5 ‘Oliver Cromwell’s First Parliamentary Speech’ [correspondence], v (17 Jan. 1874), 65 [untitled notice – reply to correspondence from James Collier published in same issue concerning earlier review in The Academy of Spencer’s Descriptive Sociology], v (24 Jan. 1874), 93-94 ‘The Life of Milton; narrated in connexion with the political, ecclesiastical, and literary History of his Time. -
Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England Michael Fitzhugh Washington University in St
Washington University in St. Louis Washington University Open Scholarship Arts & Sciences Electronic Theses and Dissertations Arts & Sciences Summer 8-15-2018 Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England Michael Fitzhugh Washington University in St. Louis Follow this and additional works at: https://openscholarship.wustl.edu/art_sci_etds Part of the Asian History Commons, Asian Studies Commons, European History Commons, and the Philosophy Commons Recommended Citation Fitzhugh, Michael, "Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England" (2018). Arts & Sciences Electronic Theses and Dissertations. 1621. https://openscholarship.wustl.edu/art_sci_etds/1621 This Dissertation is brought to you for free and open access by the Arts & Sciences at Washington University Open Scholarship. It has been accepted for inclusion in Arts & Sciences Electronic Theses and Dissertations by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY IN ST. LOUIS Arts and Sciences Department of History Dissertation Examination Committee Derek Hirst, Chair Peter Kastor, Co-chair Daniel Bornstein Alexandre Dube Steven Zwicker Samuel Pepys, Honor, and Emergent Bureaucracy in Later Seventeenth Century England by Michael L. Fitzhugh A dissertation presented to The Graduate School of Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy August 2018 St. Louis, Missouri © 2018, Michael L. Fitzhugh Table of Contents List of Tables. iv List of Abbreviations. v Acknowledgements. x ABSTRACT OF THE DISSERTATION. xi Dates, Orthography, and Source Abbreviations.. xii Introduction. 1 Notes to Introduction. 12 Prologue: England, Honor and Trajectories.. 17 Notes to Prologue.. 46 Chapter 2: Pepys as Servant. -
Cromohs Seminari - Hessayon - Fabricating Radical Traditions
Cromohs Seminari - Hessayon - Fabricating radical traditions http://www.cromohs.unifi.it/seminari/hessayon2_radical.html Cromohs Virtual Seminars Seminar index Fabricating radical traditions 1. Radicalism and the English revolution Ariel Hessayon Mario Caricchio Goldsmiths, University of London Glenn Burgess A. Hessayon, "Fabricating radical traditions", in M. Caricchio, G. Tarantino, eds., Cromohs Virtual Seminars. Recent historiographical trends of the British Ariel Hessayon Studies (17th-18th Centuries) , 2006-2007: 1-6 Nicholas McDowell <http://www.cromohs.unifi.it/seminari/hessayon2_radical.html> Nigel Smith 2. Britain 1660-1714: competing 1. Introduction historiographies Giovanni Tarantino It is a commonplace that the past is at the mercy of the present and that in every generation there are those who deliberately distort Mark Knights aspects of it to reflect a vision of their own or another's making. Most Yaakov Mascetti historical writing about radicalism and the English Revolution can be considered fabrication - in the sense of both manufacture and 3. The Church of England invention. There have been several important studies documenting this in the eighteenth century [1] process, including recent work by Mario Caricchio. I do not wish to Guglielmo Sanna argue here that there was a single, continuous English radical tradition, William Gibson but nor would I like to dismiss the notion entirely. Instead what I want to suggest is that though radicalism lacks a connected history the Robert G. Ingram imagined relationship between radicals of the English Revolution and Robert D. Cornwall their predecessors and successors has served as a powerful substitute. So much so, that multifaceted traditions have emerged as part of the 4. -
Article II Vests Executive Power, Not the Royal Prerogative Julian Davis Mortenson University of Michigan Law School, [email protected]
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2019 Article II Vests Executive Power, Not the Royal Prerogative Julian Davis Mortenson University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/2062 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, Legal History Commons, and the President/ Executive Department Commons Recommended Citation Mortenson, Julian Davis. "Article II Vests Executive Power, Not the Royal Prerogative." Colum. L. Rev. 119, no. 5 (2019): 1169-272. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. COLUMBIA LAW REVIEW VOL. 119 JUNE 2019 NO. 5 ARTICLE ARTICLE II VESTS THE EXECUTIVE POWER, NOT THE ROYAL PREROGATIVE Julian Davis Mortenson∗ Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presi- dential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional original- ists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it is also demonstrably wrong. Based on an exhaustive review of the eighteenth-century bookshelf, this Article shows that the ordinary meaning of “executive power” re- ferred unambiguously to a single, discrete, and potent authority: the power to execute law. -
Rare Collection - English Resources
Rare Collection - English Resources PUBLISHER CALL NUMBER AUTHOR TITLE DATE LANGUAGE Works of Sir William Jones / With the life of the author, by Lord 1 AC 7 J79 1807 13 volumes Jones, William, Sir, 1746-1794. Teignmouth. -- 1807. eng 2 AC 8 F53 Fisher, Thomas, 1801-1856. Dial of the seasons ; or, A Portraiture of nature. 1845. eng 3 AC 901 W62 v.1 c.1 Whitridge pamphlets. -- 18--?- eng Huron-Wyandot traditional narratives in translations and native texts 4 AM 21 A3 no. 165 Barbeau, Marius, 1883-1969. / by Marius Barbeau. -- 1960. eng 5 AP 200 M29 Maple leaf : a juvenile monthly magazine.. -- 1853. eng 6 AP 200 S67 Snow drop : a juvenile magazine. -- [1847-53] eng 7 AP 5 B86 British American magazine. -- 1863-1864. eng Canadian magazine and literary repository. v. 1-3, July 1823-Dec. 8 AP 5 C21 v.1 c.1 1824. 1823-1824. eng Canadian magazine and literary repository. v. 1-3, July 1823-Dec. 9 AP 5 C21 v.2 c.1 1824. 1823-1824. eng Canadian magazine and literary repository. v. 1-3, July 1823-Dec. 10 AP 5 C21 v.3 c.1 1824. 1823-1824. eng Canadian journal : a repertory of industry, science, and art : and a 11 AS 42 C26 record of the Proceedings of the Canadian Institute. -- 1853-1855. eng 12 AY 11 F91 Friendship's offering. -- 1841- eng 13 AY 11 F91 1850 Friendship's offering. -- 1841- eng 14 AY 11 K26 v.1849 c.1 Keepsake of friendship : a Christmas and New Year's annual. -
We Have No King but Jesus” Was the Repeated Rally of England’S Seventeenth-Century Radical Religious Dissenters Known As Fifth Monarchists
ABSTRACT FIFTH MONARCHIST VISIONARY INCLUSIONS “We have no king but Jesus” was the repeated rally of England’s seventeenth-century radical religious dissenters known as Fifth Monarchists. Their focus on fulfilling millennial prophecy led them to support Oliver Cromwell’s English Civil War. The mid-seventeenth century stage would be set for the millennial rule of Christ, in which religious repressions would be lifted and their biblical ideals would be fulfilled. Although their orientation by nature was elitist in that “the saints,” as they saw themselves, would reign, their program in part enacted a precedent of recognition for women, Jews, and religious minorities as themselves. Fifth Monarchists were in positions of influence and believed it in their power and mandate to bring about immediate change. They saw themselves as a hinge of history that would open the doors of opportunity for themselves and others. Gaylord W. Dixon May 2010 FIFTH MONARCHIST VISIONARY INCLUSIONS by Gaylord W. Dixon A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in History in the College of Social Sciences California State University, Fresno May 2010 APPROVED For the Department of History: We, the undersigned, certify that the thesis of the following student meets the required standards of scholarship, format, and style of the university and the student's graduate degree program for the awarding of the master's degree. Gaylord W. Dixon Thesis Author Maritere López (Chair) History Jill Fields History Charles Lipp History University of West Georgia For the University Graduate Committee: Dean, Division of Graduate Studies AUTHORIZATION FOR REPRODUCTION OF MASTER’S THESIS x I grant permission for the reproduction of this thesis in part or in its entirety without further authorization from me, on the condition that the person or agency requesting reproduction absorbs the cost and provides proper acknowledgment of authorship. -
The Putney Debates of 1647 the Army,The Levellers and the English State
The Putney Debates of 1647 The Army,the Levellers and the English State Edited by Michael Mendle The Pitt Building, Trumpington Street, Cambridge, United Kingdom The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York,NY 10011-4211, USA 10 Stamford Road, Oakleigh, VIC 3166, Australia Ruiz de Alarcón 13, 28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http://www.cambridge.org © Cambridge University Press 2001 This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2001 Printed in the United Kingdom at the University Press, Cambridge Typeface Plantin 10/12 System QuarkXPress™ [] A catalogue record for this book is available from the British Library ISBN 0 521 65015 1 hardback Contents List of illustrations page vii Notes on the contributors viii Editor’s acknowledgements x Textual note and abbreviations xi 1 Introduction 1 Part 1 The Putney debates: the artefact 2 The survival of the manuscript 19 3 Reading, and writing, the text of the Putney debates 36 Part 2 The Putney debates and their contexts 4 The debates from the perspective of the army 53 5 The army, the state and the soldier in the English civil war 79 6 The case of the armie truly re-stated 103 7 Putney’s pronouns: identity and indemnity in the great debate 125 8 The Agreements of the people and their political contexts, 1647–1649 148 v vi Contents 9 From Reading to Whitehall: Henry Ireton’s journey 175 Part 3 Levellers and ‘Levellerism’ in history and historiography 10 ‘The poorest she’: women and citizenship in early modern England 197 11 The Leveller legacy: from the Restoration to the Exclusion Crisis 219 12 Puritanism, liberty and the Putney debates 241 13 The Levellers in history and memory, c. -
SKCM News the Magazine of the Society of King Charles the Martyr American Region Edition: June 2017
SKCM News The Magazine of the Society of King Charles the Martyr American Region Edition: June 2017 The Annual Mass Courtesy S. Clement’s Church ‘Remember!’ WWW.SKCM-USA.ORG Table of Contents Society News 4 Membership News 4 Obituaries 6 Enrollment Anniversaries 7 The Annual Mass List of Supporters 8 List of Local Celebrations 9 Chapter Celebrations 13 Sermons 15 Articles Tennessee Chapter Hosts Restoration Day Luncheon and Lecture & Liturgy for the Admission of New Members 21 Greg Smith Why We Should Remember St. Charles, King and Martyr Joseph Laughon 25 Developing Defender: Charles II's Religious Policy, 1660 – 1662 Benjamin M. Guyer 30 Devotion Thomas Ken on King Charles the Martyr Richard Mammana 40 Reports Membership Rosters (including Benefactors) 45 Societies of Interest 49 Board of Trustees 50 Contact Information 52 SKCM Goods List 53 3 Society News U pcoming Annual M asses N ew Members (Continued) XXXV Annual Mass: St. Timothy’s Church, Fort Worth, TX, 27 January 2018. The David Byers, of Bathurst, NSW Right Rev’d Keith L. Ackerman, SSC, D.D., AUSTRALIA OL,* Vicar. Marcus Wesley Bell, of Carrollton, TX The Rev’d Dn Wyatt (Duke) Boutwell, Esq., XXXVI Annual Mass: Nashotah House, of Dickinson, SD Nashotah, WI, 26 January 2019. The Very The Rev’d Canon J. Robert Carter, Jr., Rev’d Steven A. Peay, Ph.D., Dean and Ph.D., of Savannah, GA President. The Rev’d Dn Phillip Cunningham, of Buffalo, NY XXXVII Annual Mass: St. Stephen’s Church, Elmer J. Dante, of Randolph, NJ Providence, RI, 25 January 2020. The Rev’d The Rev’d Carlos de la Torre, of New Dr. -
'They Themselves Will Be the Judges What Commands Are Lawfull': Legal
‘They themselves will be the Judges what commands are lawfull’: Legal pamphlets and political mobilisation in the early 1640s Alexander John Russell Hitchman A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy The University of Sheffield Faculty of Arts and Humanities Department of History April 2017 ABSTRACT This thesis examines the pamphlets which defended Parliament’s resistance against the King in the first English civil war (1642–1646), and the development of Parliament’s legal case in response to the pressures of mobilisation, ideas and events. The civil war was explained, narrated and defended in cheap print, which was consumed by the reading public who were hungry for news, ideas and justifications. Increasingly, pamphlets used the device of an implied reader to construct obedience and solve the political problems thrown up by the debate, but this unprecedented opening-up of legal issues to public debate further complicated the parliamentary cause. The thesis also integrates the printers and publishers who facilitated this public debate into its account of legal, political and religious ideas. By using typographic and bibliographic techniques, the thesis suggests that printers and publishers held coherent political and religious identities, and could exert influence over not only the pamphlets they produced, but increasingly the way that the parliamentary cause was understood. As the concept of allegiance becomes more problematic, and as histories of the civil war focus more on the concept of mobilisation and the construction of the parliamentary cause, this thesis argues that closer contextualisation and a chronological examination of the debate elucidates in greater detail the complexities and complications of the parliamentarian position.