Why Did People Want the King Back in 1646
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Advisory Opinions and the Problem of Legal Authority
Vanderbilt Law Review Volume 74 Issue 3 April 2021 Article 5 4-2021 Advisory Opinions and the Problem of Legal Authority Christian R. Burset Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Judges Commons, and the Jurisprudence Commons Recommended Citation Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vanderbilt Law Review 621 (2021) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol74/iss3/5 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Advisory Opinions and the Problem of Legal Authority Christian R. Burset* The prohibition against advisory opinions is fundamental to our understanding of federal judicial power, but we have misunderstood its origins. Discussions of the doctrine begin not with a constitutional text or even a court case, but a letter in which the Jay Court rejected President Washington’s request for legal advice. Courts and scholars have offered a variety of explanations for the Jay Court’s behavior. But they all depict the earliest Justices as responding to uniquely American concerns about advisory opinions. This Article offers a different explanation. Drawing on previously untapped archival sources, it shows that judges throughout the anglophone world—not only in the United States but also in England and British India— became opposed to advisory opinions in the second half of the eighteenth century. The death of advisory opinions was a global phenomenon, rooted in a period of anxiety about common-law authority. -
Bills of Attainder
University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship Winter 2016 Bills of Attainder Matthew Steilen University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Legal History Commons Recommended Citation Matthew Steilen, Bills of Attainder, 53 Hous. L. Rev. 767 (2016). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/123 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLE BILLS OF ATTAINDER Matthew Steilen* ABSTRACT What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills. This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of attainder are best understood as a summary form of legal process, rather than a legislative act. This argument is based on a detailed historical reconstruction of English and early American practices, beginning with a study of the medieval Parliament rolls, year books, and other late medieval English texts, and early modern parliamentary diaries and journals covering the attainders of Elizabeth Barton under Henry VIII and Thomas Wentworth, earl of Strafford, under Charles I. -
The Providence Island Company on 28Th September 1629 Letters Of
The Providence Island Company On 28th September 1629 letters of marque were issued for an expedition to be mounted to St Catalina, an island in the Caribbean (later to be renamed Providence Island). Subscriptions were invited from Lord Saye's circle of powerful political and business friends, who were opposed to the arbitrary rule of the king, for twenty shares at £200 per head. In the summer of 1630 the first meeting of shareholders was held in Brooke House, Holborn, London (held there to avoid the plague in the country). On 4th December a patent was sealed granting the formal incorporation of the splendidly named company of 'The Governor and Company of Adventurers of the City of Westminster for the Plantation of the Islands of Providence, Henrietta and adjacent islands laying upon the coast of America'; known as 'The Providence Island Company'. The total cost of the Patent and fees was £60. The name Providence had great significance at that time; the Adventurers (men who advanced venture capital) believed they were responding to divine will in founding the settlement. They were casting themselves on God's providence. The project could only succeed with God's approval.4 St Catalina, as the Spanish called the island, was situated in the south-west corner of the Caribbean, off the coast of Nicaragua; it is six miles long by four wide and was considered, in the seventeenth century, to be the choicest of the Caribbean islands. It had an equable climate, was fertile and salubrious; with plenty of water. It was easily fortified and there were no venomous creatures. -
A-Level History, HIS1D: Stuart Britain and the Crisis of Monarchy 1603-1702 Absolutism Challenged: Britain 1603-49 Section 2: Revolution 1629-1649
A-Level History, HIS1D: Stuart Britain and the Crisis of Monarchy 1603-1702 Absolutism Challenged: Britain 1603-49 Section 2: Revolution 1629-1649. Part 1: 1629-1642 KEY TOPIC AREAS 1629-42: KEY TOPIC AREAS 1629-42: Divisions over Religion: Arminianism and Laudianism; Puritanism, and Millenarianism Political divisions in Personal rule: Short Parliament • Arminianism and Laudianism • The Short Parliament • Puritanism • Continued Opposition in 1640 • The emergence of Millenarianism Political divisions • The Long Parliament. Political divisions in Personal rule: Finance • The leadership and importance of John Pym. • Fiscal policy used in Personal rule Causes of the English Civil War • The opposition that it caused • Events culminating in the outbreak of the Civil War. Political divisions in Personal rule: Scotland • Policies in Scotland • The Crisis of 1637-42 • The extent of Opposition Political divisions in Personal rule: Ireland • Policies in Ireland • The Crisis of 1637-42 • The extent of Opposition A-Level History, HIS1D: Stuart Britain and the Crisis of Monarchy 1603-1702 Absolutism Challenged: Britain 1603-49 Section 2: Revolution 1629-1649. Part 1: 1629-1642 KEY WORDS KEY INDIVIDUALS Articles of Perth: had been forced through the Scottish Kirk in 1618. They were a set of Charles Stuart: ruled as Charles I 1625-1649 commands outlining religious practices. To Presbyterians, the commands seemed like William Laud: a key Arminian cleric who became the Archbishop of Canterbury in Catholicism 1633 and made changes to the Anglican Church Bill of Attainder: medieval method which allowed anyone who was seen as a threat to the Henrietta Maria: Catholic wife of Charles I, she aroused suspicion of a Catholic state t be removed by Parliament without formal trial conversion of the King and the court Book of Sports: originally produced by James in 1618. -
I the Committee of Safety
.· (~. ll II Ii ) ' THE COMMITTEE OF SAFETY. 11 "A thesis submitted to the ,, faculty of the Graduate School of the University of • Minnesota by Etheleen Frances ;emp in partial fulfillment of the requirements for the Ii degree of Master of Arts, May 5, 1911. 1;1 I Ii II Ii 11 ' :S I:BLI OGRAPHY. l. Source Material 1. Journals of the House of Lords, vol. V and VI. Journals of the House of Commons, vol. II and III. These contain the greater portion of the material on the Committee of Safety. 2. Royal Commission on Historical Manuscripts. London, 1874 etc. These volumes contain here and there a com munication to or from the Committee of Safety but have much less material that might be expected. References found:- 4th Report p 262. 5th Report pp. 48, 54, 56, 63, 65, 69, 80, 107, 114. 7th Report pp. 550-588. 10th Report App. 6 pp. 87-88. 13th Report App. 1 p. 104. 3. Calendar of State Papers. Domestic 1641-1644 London, 1887-8 lla.ny order for military supplies are given in the State Papers but not in full. 4. Rushworth,John, Historical collections, 8 vol. London, 1682-1701. Compilation of declarations and proclamations. Vol. 3 and 7 contain material on the Committee. They contain valuable proclamations of the King which cannot be found elsewhere. 5. Somers, Lord. Tracts, 13 vol. London, 1809-1815. Has several remonstrances of value. ){) 1 ~ ( ' ,.... 6. Whitacre. Diary Add. M S S 31, 116, fol. Had notes from first six months of the Committee period especially. -
Puritan New England: Plymouth
Puritan New England: Plymouth A New England for Puritans The second major area to be colonized by the English in the first half of the 17th century, New England, differed markedly in its founding principles from the commercially oriented Chesapeake tobacco colonies. Settled largely by waves of Puritan families in the 1630s, New England had a religious orientation from the start. In England, reform-minded men and women had been calling for greater changes to the English national church since the 1580s. These reformers, who followed the teachings of John Calvin and other Protestant reformers, were called Puritans because of their insistence on purifying the Church of England of what they believed to be unscriptural, Catholic elements that lingered in its institutions and practices. Many who provided leadership in early New England were educated ministers who had studied at Cambridge or Oxford but who, because they had questioned the practices of the Church of England, had been deprived of careers by the king and his officials in an effort to silence all dissenting voices. Other Puritan leaders, such as the first governor of the Massachusetts Bay Colony, John Winthrop, came from the privileged class of English gentry. These well-to-do Puritans and many thousands more left their English homes not to establish a land of religious freedom, but to practice their own religion without persecution. Puritan New England offered them the opportunity to live as they believed the Bible demanded. In their “New” England, they set out to create a model of reformed Protestantism, a new English Israel. The conflict generated by Puritanism had divided English society because the Puritans demanded reforms that undermined the traditional festive culture. -
The Lives of the Chief Justices of England
This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com Cui.U.K. &3o 1 THE LIVES OK THE CHIEF JUSTICES ENGLAND. FROM THE NORMAN CONQUEST TILL THE DEATH OF LORD TENTERDEN. By JOHN LOKD CAMPBELL, LL.D. F.E.S.E.: AUTHOR OF 'THE LIVES OF THE LOKD CHANCELLORS OF ENGLANd.' THIRD EDITION. IN FOUR VOLUMES.— Vol. II. LONDON: JOHN MUEKAY, ALBEMAELE STEEET. 1874. The right of Translation is reserved. Uniform with the present Work. LIVES OF THE LOED CHANCELLOBS, AND Keepers op the Great Skal op England, from the Earliest Times till the Reign of George the Fourth. By John Lord Campbell, LL.D. Fourth Edition. 10 vols. Crown 8vo. 6s. ' each. " A work of sterling merit — one of very great labour, of richly diversified interest, and, we arc satisfied, of lasting value and estimation. We doubt If there be half-a-dozen living men who could produce a Biographical Series on such a scale, at all likely to command so much applause from the candid among the iearned as well as from the curious of the laity." — Quarterly Review. &ONdON: PRINTEd BT WILLIAM CLOWES ANd SONS, STAMFORd STREET ANd CHARING CROSS. CONTENTS OF THE SECOND VOLUME. CHAPTER XI.— continued. LIVES OF THE CHIEF JUSTICES FROM THE DISMISSAL OF SIR EDWARD COKE TILL THE ESTABLISHMENT OF THE COMMONWEALTH. Sir Nicholas Hyde, Page 1. His Reputation as a Lawyer, 1. His Con duct as Chief Justice of the King's Bench, 2. -
The First Green Jackets? by Roy Bailey
The First Green Jackets? by Roy Bailey All the histories of the former regiments which make up the Royal Green Jackets tell us that they were formed in the middle to later years of the 18th century. As a new recruit to the 1st Bn. the Oxfordshire and Buckinghamshire Light Infantry (43rd & 52nd) in late 1954, I was not only trained to march at 140 paces to the minute and to carry my rifle at the trail, but I was also instilled with a pride in the regiment’s long and illustrious history. Indeed, I still have my copy of Col. Crosse’s A Short History… for the Young Soldiers of the Regiment, which was issued to all recruits, together with the programme of the Ceremonial Parade held at Osnabrück in October 1955 to mark the bicentenary of the 52nd. If my memory serves me correctly at a distance of nearly half a century, I was a member of the No. 1 (Escort) Company under Major Dennis Fox that day. But over the past few years I have often wondered if the spiritual and territorial origins of the Oxford and Bucks don’t go back a lot further - to the time of the English Civil War. As a boy I was proud of the fact that I was born and brought up in Buckinghamshire, and learned to cherish the history and traditions of that county. Listening to an episode of ‘Children’s Hour’ at the age of 9, I learned of a fellow countryman from the 17th century whom I have studied and admired ever since. -
The English Civil Wars a Beginner’S Guide
The English Civil Wars A Beginner’s Guide Patrick Little A Oneworld Paperback Original Published in North America, Great Britain and Australia by Oneworld Publications, 2014 Copyright © Patrick Little 2014 The moral right of Patrick Little to be identified as the Author of this work has been asserted by him/her in accordance with the Copyright, Designs and Patents Act 1988 All rights reserved Copyright under Berne Convention A CIP record for this title is available from the British Library ISBN 9781780743318 eISBN 9781780743325 Typeset by Siliconchips Services Ltd, UK Printed and bound in Denmark by Nørhaven A/S Oneworld Publications 10 Bloomsbury Street London WC1B 3SR England Stay up to date with the latest books, special offers, and exclusive content from Oneworld with our monthly newsletter Sign up on our website www.oneworld-publications.com Contents Preface vii Map of the English Civil Wars, 1642–51 ix 1 The outbreak of war 1 2 ‘This war without an enemy’: the first civil war, 1642–6 17 3 The search for settlement, 1646–9 34 4 The commonwealth, 1649–51 48 5 The armies 66 6 The generals 82 7 Politics 98 8 Religion 113 9 War and society 126 10 Legacy 141 Timeline 150 Further reading 153 Index 157 Preface In writing this book, I had two primary aims. The first was to produce a concise, accessible account of the conflicts collectively known as the English Civil Wars. The second was to try to give the reader some idea of what it was like to live through that trau- matic episode. -
British History After 1603 Stuarts James I 1603-1625 Charles I 1625-1649 Interregnum 1649-1660 Charles II 1660-1685 James
British History After 1603 Stuarts James I 1603-1625 Charles I 1625-1649 Interregnum 1649-1660 Charles II 1660-1685 James II 1685-1688 William and Mary 1688-1702 Anne 1702-1714 King’s Own Tonnage and poundage Morton’s Fork Privy Council Parliament bicameral House of Lords House of Commons Knights of shire burghesses borough 3 Common law courts Court of Exchequer Court of Common Pleas Court of the King’s Bench Prerogative Courts Star Chamber Court of High Commission Church of England Anglican episcopal Primogeniture Nobility Gentry Professional middle class Yeoman Common laborers THE STUART AGE 1603-1714 1. Stuarts embrace 4 generations James I to Anne 2. One king beheaded, one chased out, one restored, one called from abroad 3. Two revolutions 4. Decline in power of the monarchy Features of Stuart 1. Tug of war between monarch and Parliament 2. Struggles of the Church High Anglicans Low Anglicans 3. Reform Rise of newspapers Rise of political parties Use of public meetings 4. Unification of England and Scotland 5. Establ. Of a worldwide empire James I 1603-1625 Count and Countess Marr 1597 Trew Law of a Free Monarchy Divine Right Millenary Petition 1603 Hampton Court Conference 1604 Presbytery Act of Uniformity Gun Powder Plot Guy Fawkes and Richard Catesby m. Anne of Denmark Elizabeth Henry Charles Henrietta Maria Duke of Buckingham George Villiers Petition of 1621 Union Jack St George (England) and St. Andrew (Scotland) Calvin Case 1608 Post nati Ulster Lost Colony of Roanoke Sea Dogs Virginia Company Southern Virginia Company Northern Virginia Company Jamestown Plymouth Nova Scotia New Foundland Bermuda St Kitts Barbados Nevis Is. -
Episcopacy and Enmity in Early Modern England Bishop Richard Smith, Catholic Information Networks, and the Question of Religious Toleration, 1631-1638
Episcopacy and Enmity in Early Modern England Bishop Richard Smith, Catholic Information Networks, and the Question of Religious Toleration, 1631-1638 By Katherine Shreve Lazo Thesis Submitted to the Faculty of the Graduate School of Vanderbilt University in partial fulfillment of the requirements for the degree of MASTER OF ARTS in History May, 2015 Nashville, Tennessee Approved: Peter Lake, Ph.D. Paul C. H. Lim, Ph.D. TABLE OF CONTENTS Page LIST OF ABBREVIATIONS ........................................................................................................ iii II. Episcopacy and Enmity in Early Modern England ................................................................... 1 Catholicism in Post-Reformation England ................................................................................. 5 The Catholic Sympathies of Charles I ...................................................................................... 10 “Inconveniences as happen here for waunt of authority” ......................................................... 16 Clerical Enmity and Espionage ................................................................................................. 20 A Failed Enterprise ................................................................................................................... 24 REFERENCES ............................................................................................................................. 26 ii LIST OF ABBREVIATIONS Anstruther Godfrey Anstruther, The Seminary Priests: A Dictionary -
Revealing Dissent Under Charles I's 'Personal Rule'
‘An Engine Which the World Sees Nothing Of ’: Revealing Dissent Under Charles I’s ‘Personal Rule’ Jared van Duinen In 2000, Jonathan Scott characterized the years of Charles’s personal rule by the term the ‘peace of silence’. By this he meant that the seeming peace and quiescence of the 1630s was chiefly due to the silencing of dissent. For much of the twentieth century, this ‘peace of silence’ could be found reflected in the historiography of early Stuart England. Even when the personal rule received its first full-length study – Kevin Sharpe’s 1992 The Personal Rule of Charles I – the story of dissent in the 1630s remained largely underexplored. In order to uncover the covert and diffused nature of dissident thought under Charles’s personal rule, it is necessary for research to adopt a commensurately localized or decentred frame of reference. Work which has done this has often revealed previously obscured veins of dissent. A future direction for studies of dissident thought and action in the 1630s could lie in network analysis and, in particular, the examination of puritan networks of association. ‘Not only all mouths are stopped, but the parliament doors sealed for many years.’ ‘When we ... have any great things to be accomplished, the best policy is to work by an engine which the world sees nothing of.’1 Both these contemporary quotes, from quite different perspectives, refer to the Caroline 1630s, the years of Charles I’s ‘personal rule’. The first is from, if not an ‘insider’ figure then at least a servant of the establishment, the diplomat Sir Thomas Roe.