DOCSLIB.ORG

Cambridge University Press 978-1-107-01511-1 — Early Modern Britain, 1450–1750 John Miller Index More Information

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Cambridge University Press 978-1-107-01511-1 — Early Modern Britain, 1450–1750 John Miller Index More Information Cambridge University Press 978-1-107-01511-1 — Early Modern Britain, 1450–1750 John Miller Index More Information Index (S) indicates Scotland, (I) indicates Ireland Accounts, Commons Committee Arms, Right to bear. 338 Borderlands, see Frontiers of, 339 Army, English/British, 301, 306, Borrowing, Government, 244, 313, Addresses, Loyal, 427 310–312, 314, 315, 326, 338, 340 (see also Credit) Act Rescissory, 1661 (S) 352, 356, 393 343, 345, 363, 437, 438 (see Boyne, Battle of, 370 Advowsons, 107, 136 (see also Lay also Armies; Mutiny Acts; Breach with Rome, 98–101 Patronage (S)) New Model Army) Breda, Declaration of, 1660, 324 Agitators, 232 Role in civic celebrations, 432 Brehons, Brehon law (I), 11, 19, 185 Agriculture (see also Enclosures; Commissions in, 317, 438 Bridewell, see House of correction Rural violence) Hostility to, 437 Broghill, Roger Boyle, Baron, 251 Highlands and lowlands, 31–36 Maintaining order, 301, 432, 438 Buchanan, George, 173 Ireland, 32 Army plots, 1641, 217 Buckingham, George Villiers, 1st Landlords, tenants and labourers, Articles, Lords of the (S), 175, 211, Duke of, 195, 197, 198, 199 38, 40–42, 59, 147–148, 152, 352, 356 Burghs (S), see Towns 171, 282 Articles of War, 312 (see also Martial Productivity, 36–37, 145 law; Mutiny Acts) Cabinet, 343–344 Scotland, 32, 41–42, 171, 286, 358 Artillery Companies, 432 Cade’s rebellion, xxvi, xxviii, 28, 49, Alchemy, 441 Assessment, 228, 306 65, 153, 218, 412 Altars, 204, 212 Associations, 119, 120, 426 Calicoes, 274, 279 Alum, 284 Atrocities, see Massacres Calvin, Jean, Calvinism, 94–95, 113, Amerinidians, 261–264, 271 Atrocity, Policy of, 180 128, 130, 393 Anabaptists, 94, 384 (see also Attainder, Acts of, 69, 187, 212, 370 Cameronians (S), 353, 394, 395 Baptists) Ayscough, William, Bishop of Canada, see New France Anglicans, 121, 126, 204, 389 (see also Salisbury, xxv, xxviii, 65 Canal and turnpike trusts, 318 Church of England) Candles in windows, 430 Anglo-Dutch wars, 329 Backbenchers, 345 Carlisle, James Hay, Earl of, 195, 268 Anne, Queen, 341 Bank of England, 308, 313, 414 (see Castle Chamber (I), 205 Anti-popery, 417, 418, 429 also Banks and bankers) Catherine of Aragon, 75 Pope burnings, 429, 430 Banks and bankers, 308 (see also Catholics, English, 123, 124–125, Riots, 337 Bank of England) 333 Antrim, Macdonnell Earls of, 188, Baptists, 384, 390 (see also Anabaptists) Catholics, Irish, 138, 247, 265, 351, 247 Barbados, 269 367, 371, 372, 438 (see also Appeals, Act in restraint of, 1533, 100 Bards, see Poets Old English, Confederate Argyll, Campbell Earls of, 23, 178, 249 Bastard feudalism, 26–28, 150 Catholics) Argyll, Archibald Campbell, Earl of Bengal, 275 Catholics, Scottish, 135 Islay and 3rd Duke of, 365 Bill of Rights, 1689, 337–338 (see also Cavalier House of Commons, Argyll, John Campbell, 2nd Duke of, Declaration of Rights) 1661–79, 324, 325, 389 298, 365 Bishops, Episcopacy, 228 Celtic societies, 3–10, 18–19 (see also Armies (see also Army, British; Ireland, 388, 396 Clans) Mutiny Acts; New Model Scotland, 131, 134, 175, 352, 394 (see Chantries, 57, 114 Army) also Episcopalians) Charles I, 198 In Ireland, 180, 182, 207, 225, Black Act, 1723, 283 And Parliament, 198–199, 200 244–246, 315, 368, 369, 408 Black Death, 38, 42, 46, 49, 143 Personal rule, 201–202, 204 Kerne and Galloglass, 4, 8 Bloodfeud (S), 13, 14, 175 Scotland and Ireland, 207, 225 In Scotland, 26, 68, 250 Boleyn, Anne, 98, 99, 100 Tactics in the 1640s, 231–232, Arminians, Arminianism, 128, 200, Bolingbroke, Henry St John, 236–237, 239 204 (see also Laud, Laudians) Viscount, 341, 342 Trial and execution, 237, 419 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-01511-1 — Early Modern Britain, 1450–1750 John Miller Index More Information 458 index Charles II, 242, 419 Congregationalists, see Independents Scotland, 354 Army, 310–312, 327 Connacht plantation, 206–207 Declaration of Rights, 337 (see also Ireland, 367 Connacht presidency, 184, 185–187 Bill of Rights; Claim of Right) Revenue, 309, 310, 326 Conolly, William, xix, 81, 373 Declaratory Act, 1720 (I), 374 Scotland, 250 Conquest of Ireland, 182 Deer stealing, 297 Charles Edward Stuart, the Young ‘Consumer Revolution’, 286 Defoe, Daniel, 279, 289 Pretender, 365, 366 Conventicles Desmond, Fitzgerald Earls of, 20, Charters, colonial, 267, 268 England, 382, 390, 419 185, 187 Charters, see Towns Scotland, 249, 354, 394 Disarming (of Whigs), 1683–4, 334, Chichester, Sir Francis, 189, 190 Convention (see also Estates, 337 China, 274, 284 Convention of (S)) Discipline, Books of (S), 130 Church ales, 48, 166 England, 1660, 252, 325 Dispensing and suspending powers, Church courts, 52, 121, 399 England, 1689, 337 332 Church, Henrician, 107, 108–109 Ireland, 1659–60, 252 Dissenters, see Nonconformists Church of England, 345 (see also Conversion experience, 271, 399, 440 Divine-right monarchy, 174, 239, Anglicans) Convocation, 398, 407 341, 415, 440, see also Royal Edward VI to Charles I, 115, 204 Corn laws, 282 touch 1640–60, 212, 228–229, 240, 381, Corporation Act, 1661, 390, 392 Domain states and tax states, 76, 305 382 Correction, House of, 159, 164, 166 Drogheda and Wexford, see Restoration, 332 ‘Corruption’, 340, 413, 414 Massacres Toleration Act, 388, 392, 402 Cottages Act, 1589, 148, 166 Dundee, John Graham Viscount, 354 Hanoverian, 345 ‘Country’ sentiment, 340 Dutch Republic, 267, 306 Church of Ireland, 137, 205, 249, 351, County committees, 229 Dyer, John, newsletter writer, 420 381, 389, 396, 406 Court, Georgian, 343 Church of Scotland, 360, 361 Covenanter Revolution, 209–211, East India Companies ‘Church magic’, 58–59 356, 395, 396 (see also Solemn Dutch, 258 Church, Pre-Reformation League and Covenant; English, 258, 274 English Westminster Confession) Eccleshall, 279, 295 Popular religion, 56, 57, 58–59 Covenant, 208–209, 354, 408 Edward IV, 69, 70 Structure and governance, 52 Massachusetts, 271 Edward VI, 114 Irish, 52–53 Proposed union of Parliaments Eikon Basilike Scottish, 53 and churches, 209, 211 Ejectors, 382 Welsh, 52, 53 Covent Garden, 289, 290 Elections, parliamentary Churchwardens, 48 Cranmer, homas, 100, 115, 117, 120 England, 334, 340, 345–346, 426, Civil Wars, see First Civil War, Credit, 308 427, 434 Second Civil War Crime and punishment, 159–160, 267 Commons committee of Claim of Right (S), 355 (see also Criminal law) elections, 346, 427 Claims, Court of (I), 367 Criminal law, 267, 298, 299 (see also Pocket boroughs, 346 Clans, 3–9 (see also Celtic societies) Crime and punishment) Ireland, 351, 373 English clans, 4 (see also Cromwell, Henry, 244, 249 Scotland, 351, 355 Surnames) Cromwell, Oliver, 228, 236, 241–242, Elizabeth Clanricard, Burke Earls of, 184, 247 243, 244, 250 And Ireland, 184, 189 Clarence, George, Duke of, 71 Cromwell, Richard, 244 Religion, 120–121 Class conlict?, 298 Cromwell, homas, 82, 97, 101–102, Revenue, 196 Claverhouse, John Graham of, see 108–109, 118 Emigrants, 246 Dundee, Viscount Crowds (1640–2), 212, 217 Enclosures, 147, 152, 153, 201 Clergy, criticism of, 95 Culloden, 366 Enclosure Acts, 282, 283 ‘Priestcrt’, 398 Cumberland, William Augustus, Engagement, 1647, 235, 249 Cloth industry, 40, 150–151 Duke of, 366 Episcopacy, see Bishops Cofee and cofee houses, 285, 421 Customs, 197 Episcopalians (S), 355, 363, 395, 406 Coleman, Edward, 330, 420 Erasmus, 93 Combinations, 299 Dacre, Fiennes family, Barons, 82–84 Essex, Robert Devereux, 2nd Earl of, Commission for the Propagation of Darien scheme. 358 119, 188 the Gospel in Wales, 386 Davies, Sir John, 189 Eucharist, 94 Commonwealths men, 152 Declaration of dislike, 1647, 232 Evangelical revival, 398, 399 Compton census, 403 Declarations of indulgence ‘Evans list’, 403 Confederate Catholics, 224, 239 England, 334 Excise, 228, 306, 307 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-01511-1 — Early Modern Britain, 1450–1750 John Miller Index More Information index 459 Excise bill, 1733, 433 Henry VIII, 75, 96 (see also As King Exclusion crisis, 433 Pilgrimage of Grace) Army, 310, 332, 334–335 Divorce, 98–101 Campaign to pack Parliament, Fairfax, Sir homas, 232, 241 Government of, 78–79, 80 334 Fashion, 286 Religion, 97, 101 In Ireland, 370 Fens, 36, 148, 157–158 Resources, 75–78 James III (1460–88) (S), 64 Feudalism, 10–11, 24 (see also Bastard Hereditary succession, 416 James IV (1488–1513) (S), 64 feudalism) Heritable jurisdictions (S), 14, 177, James V (1513–42) (S), 172–173 Feudal incidents, 10, 25–26, 77 (see 251, 361, 366 James VI (1567–1625) (S), 172 also Uses) High Church, 399, 400, 401 Ideas on kingship, 174 Feuing (S), 26, 41, 173 High court of justice, see Charles I, he Kirk, 133–134 Firearms, 263 Trial of he lawyers, 174, 175, 176, 177 First civil war, 225 (see also Solemn Highland host (S) see Host he nobility, 175, 176, 177 League and Covenant) Highlands (S), 8, 23–24, 178–179, James VII (S), 354 Taking of sides, 225 250, 363, 366, 438 James Edward Stuart, the Old he burden of war, 229 Hoadly, Benjamin, 399 Pretender, 312, 335, 364 ‘Fiscal-military state’, 316, 319 Hobbes, homas, 440 Japan, 274 Forest laws, 201 Holles, Denzil, 232 Jews, 57, 392 Fosterage, 9 Hopkins, Matthew, 162 Judges, 197, 202, 331, 332 Fox, George, 325, 384 Host (S), 26, 353–354, 437 Foxe, John, 116 ‘Houghers’ (I), 298 Ket’s rebellion, 153–154 Franchise, 234, 236, 345, 351, 427 Humble Petition and Advice, 1656–7, Kildare, Fitzgerald Earls of, 17, 20 Freehold, 271 243 King, Gregory, 279, 290 Free quarter, 229, 230 Hume, David, 440 Kingswood
Load more

Recommended publications
  • A Brief Chronology of the House of Commons House of Commons Information Office Factsheet G3
    Factsheet G3 House of Commons Information Office General Series A Brief Chronology of the August 2010 House of Commons Contents Origins of Parliament at Westminster: Before 1400 2 15th and 16th centuries 3 Treason, revolution and the Bill of Rights: This factsheet has been archived so the content The 17th Century 4 The Act of Settlement to the Great Reform and web links may be out of date. Please visit Bill: 1700-1832 7 our About Parliament pages for current Developments to 1945 9 information. The post-war years: 11 The House of Commons in the 21st Century 13 Contact information 16 Feedback form 17 The following is a selective list of some of the important dates in the history of the development of the House of Commons. Entries marked with a “B” refer to the building only. This Factsheet is also available on the Internet from: http://www.parliament.uk/factsheets August 2010 FS No.G3 Ed 3.3 ISSN 0144-4689 © Parliamentary Copyright (House of Commons) 2010 May be reproduced for purposes of private study or research without permission. Reproduction for sale or other commercial purposes not permitted. 2 A Brief Chronology of the House of Commons House of Commons Information Office Factsheet G3 Origins of Parliament at Westminster: Before 1400 1097-99 B Westminster Hall built (William Rufus). 1215 Magna Carta sealed by King John at Runnymede. 1254 Sheriffs of counties instructed to send Knights of the Shire to advise the King on finance. 1265 Simon de Montfort, Earl of Leicester, summoned a Parliament in the King’s name to meet at Westminster (20 January to 20 March); it is composed of Bishops, Abbots, Peers, Knights of the Shire and Town Burgesses.
    [Show full text]
  • James Mcclellan: Liberty, Order, and Justice Study Guide
    Scholars Crossing Faculty Publications and Presentations Helms School of Government 2008 James McClellan: Liberty, Order, and Justice Study Guide Steven Alan Samson Liberty University, [email protected] Follow this and additional works at: https://digitalcommons.liberty.edu/gov_fac_pubs Part of the Other Social and Behavioral Sciences Commons, Political Science Commons, and the Public Affairs, Public Policy and Public Administration Commons Recommended Citation Samson, Steven Alan, "James McClellan: Liberty, Order, and Justice Study Guide" (2008). Faculty Publications and Presentations. 122. https://digitalcommons.liberty.edu/gov_fac_pubs/122 This Article is brought to you for free and open access by the Helms School of Government at Scholars Crossing. It has been accepted for inclusion in Faculty Publications and Presentations by an authorized administrator of Scholars Crossing. For more information, please contact [email protected]. JAMES McCLELLAN: LIBERTY, ORDER, AND JUSTICE STUDY GUIDE, 2008 Steven Alan Samson PART 1: THE CONSTITUTION’S DEEP ROOTS Outline 1.1 The Meaning of Constitutional Government A. ORIGINS AND HISTORICAL BACKGROUND (2-6) 1. Constitutional Convention of 1787 2. Definition of Constitution 3. Rule of Law 4. Rooted in Generations of Experience 5. Written vs. Unwritten Constitutions a. British b. Polish and French 6. Two Distinction Constitutions a. Formal written constitution b. Old “unwritten” constitution of conventions, habits, ways of living together 1) Political parties 2) Cabinet 7. Visible vs. Invisible Constitution 8. A Constitution Is an Effort to Impose Order for the Achievement of Certain Ends a. Preamble 9. Objectives: Liberty, Order, and Justice a. Republic of Korea, 1980 b. Portugal, 1974 c. Venezuela, 1972 d. Argentina, 1853 10.
    [Show full text]
  • Liberty, Order, and Justice
    Liberty, Order, and Justice James McClellan Liberty, Order, and Justice An Introduction to the Constitutional Principles of American Government third edition James McClellan liberty fund Indianapolis This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals. The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word ‘‘freedom’’ (amagi), or ‘‘liberty.’’ It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. Third edition copyright ᭧ 2000 by Liberty Fund, Inc. First and second editions (1989, 1991) published by James River Press for the Center for Judicial Studies Cover art courtesy of the Library of Congress 04 03 02 01 00 c 54321 04 03 02 01 00 p 54321 Library of Congress Cataloging-in-Publication Data McClellan, James, 1937– Liberty, order, and justice: an introduction to the constitutional principles of American government/James McClellan. p. cm. Originally published: Cumberland, Va.: James River Press, c1989. Includes bibliographical references and index. isbn 0-86597-255-9 (hc: alk. paper)—isbn 0-86597-256-7 (pb. alk. paper) 1. United States—Politics and government. 2. Constitutional history—United States. I. Title. jk274.m513 2000 342.73Ј029—dc21 99-046334 liberty fund, inc. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 ‘‘Miracles do not cluster. Hold on to the Constitution of the United States of America and the republic for which it stands.—What has happened once in six thousand years may never happen again.
    [Show full text]
  • R (On the Application of Miller) (Appellant) V the Prime Minister (Respondent) and Cherry and Others (Respondents) V Advocate Ge
    [2019] UKSC 41 On appeals from: [2019] EWHC 2381 (QB) and [2019] CSIH 49 JUDGMENT R (on the application of Miller) (Appellant) v The Prime Minister (Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland) before Lady Hale, President Lord Reed, Deputy President Lord Kerr Lord Wilson Lord Carnwath Lord Hodge Lady Black Lord Lloyd-Jones Lady Arden Lord Kitchin Lord Sales JUDGMENT GIVEN ON 24 September 2019 Heard on 17, 18 and 19 September 2019 Appellant Respondent (Gina Miller) (The Prime Minister) Lord Pannick QC Sir James Eadie QC Tom Hickman QC David Blundell Warren Fitt Christopher Knight Richard Howell (Instructed by Mishcon de (Instructed by The Reya LLP (London)) Government Legal Department) Appellant Respondents (The Advocate General) (Joanna Cherry MP and others) Lord Keen of Elie QC Aidan O’Neill QC Andrew Webster QC David Welsh Sam Fowles (Instructed by Office of (Instructed by Balfour and the Advocate General for Manson LLP (Edinburgh)) Scotland) 1st Intervener James Wolffe QC, Lord Advocate James Mure QC Christine O’Neill (Instructed by the Legal Department of the Scottish Government) 2nd Intervener Ronan Lavery QC Conan Fegan BL Richard Smyth (Instructed by McIvor Farrell Solicitors) 3rd Intervener Michael Fordham QC Celia Rooney Hollie Higgins (Instructed by Welsh Government Legal Services Department) 4th Intervener Lord Garnier QC Tom Cleaver Anna Hoffmann (Instructed by Herbert Smith Freehills LLP (London)) 5th Intervener Deok Joo Rhee QC Catherine Dobson (Instructed by Howe and Co) 6th Intervener Thomas de la Mare QC Daniel Cashman Alison Pickup (Instructed by Public Law Project) Interveners:- (1) The Lord Advocate (2) Raymond McCord (3) Counsel General for Wales (4) Sir John Major KG CH (5) Baroness Chakrabarti CBE, PC (written submissions only) (6) Public Law Project (written submissions only) LADY HALE AND LORD REED GIVING THE JUDGMENT OF THE COURT: 1.
    [Show full text]
  • Design and Evolution in Institutional Development: the Insignificance of the English Bill of Rights
    Design and Evolution in Institutional Development: The Insignificance of the English Bill of Rights Peter Murrell* December 13, 2009 Abstract A fundamental question in economic development is how societies first acquire a successful set of institutions. To examine this question, the paper focuses on a paradigmatic example, England in the years surrounding the Glorious Revolution of 1688. North and Weingast (1989) view the constitutional changes following 1688 as an explicit attempt to design a new polity, having the effect of radically altering the functioning of the English political and economic system. The rise of England as a world economic power followed. In contrast, Hayek (1960) views the late 17th century changes as simply summarizing what was already in existence, a product of experience accumulated through trial and error and selective survival of productive institutions, ideas, and habits. This paper argues that the English experience of institutional development cannot be described as creation by design. The rise of England fits Hayek's evolutionary perspective. This conclusion rests on three composite pieces of evidence. First, a search for structural breaks in myriad data sets reveals that socioeconomic change was under way well before 1688. Second, an examination of the historical context and institutional content of each clause of the critical laws shows either that the clauses were already a part of effective law by 1688 or that they did not survive as viable constitutional measures. Third, an analysis of institutional and administrative innovations shows that many key developments affecting government finance were a product of the era before 1688. Keywords: Institutions, institutional development, constitutions, Glorious Revolution, design, evolution, Hayek, Bill of Rights JEL Classifications: O1, N0, O52, K1, N43, N13, H1, P5, B31 *Department of Economics, University of Maryland, College Park, MD 20742, USA.
    [Show full text]
  • The Prorogation Dispute of 2019: One Year On
    BRIEFING PAPER Number 9006, 24 September 2020 The Prorogation Dispute By Graeme Cowie of 2019: one year on Adam Cygan Contents: 1. Political context of the dispute 2. The Prorogation decision 3. Litigation prior to the Supreme Court 4. UK Supreme Court judgment 5. Impact of Miller II/Cherry www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 The Prorogation Dispute of 2019: one year on Contents Summary 3 1. Political context of the dispute 4 1.1 Prorogation generally 4 1.2 Prorogation and Brexit 5 1.3 Northern Ireland (Executive Formation etc) Act 2019 5 1.4 Parliament’s periodic adjournments 6 2. The Prorogation decision 7 2.1 Order in Council 7 2.2 EU (Withdrawal) (No. 6) Bill 2017-19 8 2.3 Prorogation ceremony 8 3. Litigation prior to the Supreme Court 10 3.1 Scottish courts – the Cherry litigation 10 3.2 English courts – the Miller II litigation 13 4. UK Supreme Court judgment 17 4.1 Summary of proceedings 17 4.2 Justiciability of Prorogation 19 4.3 Limits on the extent of the power to prorogue 21 4.4 The legal test adopted and applied 24 4.5 Remedies 26 4.6 A Parliamentary session restored 28 5. Impact of Miller II/Cherry 30 5.1 Legal limits on prorogation 30 5.2 Statutory limits 30 5.3 Common law “reasonable justification” 32 5.4 Reform of the law on prorogation 38 Contributing Authors: Adam Cygan is a Professor at Leicester Law School and a Parliamentary Academic Fellow with the House of Commons Library.
    [Show full text]
  • Chapter 9: an Overview of British Constitutional History: the King And
    Chapter 9: An Overview of British Constitutional History: the King appoint ministers, and to veto legislation, but informally the Crown has deferred to Commons on these matters for more than a century. and the Medieval Parliament Neither the mutli-document character of the English constitution, nor the complexity of its unwritten informal constitution is unusual among the countries Two chapters are devoted to developing an overview of the constitutional history analyzed in the present study. What is unusual about the English constitution is its of the United Kingdom. This is done for three reasons: first, most English language longevity and the fact that none of its written documents describe formal procedures of readers will be most familiar with this history, although they will not generally be constitutional amendment that are more stringent than for changes in ordinary familiar with its constitutional developments. Most historians focus on the great legislation. The relative ease of amendment has allowed more constitutional legislation tapistry of history rather than a single very important strand of developments, and thus to be passed and, thus, a more gradual path of constitutional development than in the telling the tale provides a useful illustration of how the analytical models can be used as other modern kingdoms of northern Europe, but its constitutional core has remained a lense though which to view hitory. Second, the English history demonstrates very extraordinarily stable. The medieval constitution remained substantially in place for 400 clearly the robustness of the King and Council template. Although times were often hundred years, except for two decades in the seventeenth century.
    [Show full text]
  • The First Amendment Right to Petition Government for a Redress of Grievances: Cut from a Different Cloth, 21 Hastings Const
    Hastings Constitutional Law Quarterly Volume 21 Article 2 Number 1 Fall 1993 1-1-1993 The irsF t Amendment Right to Petition Government for a Redress of Grievances: Cut from a Different Cloth Julie M. Spanbauer Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Julie M. Spanbauer, The First Amendment Right to Petition Government for a Redress of Grievances: Cut from a Different Cloth, 21 Hastings Const. L.Q. 15 (1993). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol21/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. ARTICLES The First Amendment Right to Petition Government for a Redress of Grievances: Cut From a Different Cloth By JULIE M. SPANBAUER* Table of Contents Introduction ................................................ 16 I. Evolution of Petitioning From Tolerated Practice to Individual Right ................................. 19 A. Emergence of Petitioning in England ................ 22 B. Establishment of Petitioning in the American Colonies ............................................. 27 C. Petitioning Historically Included the Right to a Response ............................................ 33 II. The Right to Petition Was Distinct From and Superior to the Rights of Speech and Press ........ 34 III. The Right to Petition Received Protection in the Bill of Rights ....................................... 39 IV. An Examination of Supreme Court Doctrine ...... 42 A. The Right to Petition Must Include a Substantive Right of Access to Courts ........................... 43 * Assistant Professor of Law, The John Marshall Law School.
    [Show full text]
  • The Political and Constitutional Significance of the Exclusion Crisis of 1678-1681
    Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 1981 The political and constitutional significance of the Exclusion Crisis of 1678-1681 Susan Diane Meyer-Strom Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the European History Commons, and the Political History Commons Let us know how access to this document benefits ou.y Recommended Citation Meyer-Strom, Susan Diane, "The political and constitutional significance of the Exclusion Crisis of 1678-1681" (1981). Dissertations and Theses. Paper 3076. https://doi.org/10.15760/etd.3070 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. ·---.. ........ ... ....... _... _ ...... ---................... ... ... ....... ... ... _ ...... - .. --- ... - -- AN ABSTRACT OF THE THESIS OF Susan Diane Meyer-Strom for the Master of Arts in History presented March 31, 1981. Title: The Political and Constitutional Significance of the Exclusion Crisis of 1678-1681. APPROVED BY MEMBERS OF THE THESIS COMMITTEE: Ann Weikel ci;·~.: --- - ·-- - - ~ /Susan C. Karant-Nunn Frank 1n C. West ' , By examining the attacks waged against the royal prerogative during the Exclusion Crisis of 1678-1681, this thesis asserts that the crisis was primarily constitutional in nature, rather than religious. This Parliamentary attempt to remove the Catholic heir presumptive from the succession endangered the monarchy by creating a Parliamentary title to the throne. Insofar as the exclusionists challenged the king's right to retain ministers at will, to grant pardons, and to determine the calling and dissolution of Parliamentary sessions, the crisis also constituted a direct assault upon the prerogatives of the present king.
    [Show full text]
  • Liberty, Order, and Justice: an Introduction to the Constitutional Principles of American Government [1989]
    The Online Library of Liberty A Project Of Liberty Fund, Inc. James McClellan, Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government [1989] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected].
    [Show full text]
  • Legislation in a Common Law Context
    Legislation in a Common Law Context David Lieberman Jurisprudence and Social Policy Program University of California, Berkeley [forthcoming in Zeitschrift für Neuere Rechtsgeschichte ] Preliminary Draft - please do not cite or quote Legislation in a Common Law Context ( 2) Legislation in a Common Law Context * My aim in this paper is to examine some of the distinctive ways in which legislation and legislative reform have figured in English jurisprudence. Of special interest is the broad question of the relationship between the common law and Parliamentary statute . I first consider the treatment of “statute law ” developed by jurists in the seventeenth and eighteenth centuries , the period when the law of England received its classic and long-influential exposition. I then turn to the decades of the 1820s and 1830s, when legislation and legislative reform occupied considerable public and Parliamentary attention. For later reformers and historians of English law, the first decades of the nineteenth century seemed to mark an important break in legal development, the opening chapter of an extended process of Victorian law reform through the vehicle of legislative enactment.1 But as I hope to show, this episode of reform can also be usefully explored in terms of its continuities with earlie r orthodoxies . A valuable, recent paper by Michael Lobban on ‘the concept and practice of law reform, c. 1780-1830’ provides a helpful frame for my own discussion here . Lobban emphasizes how much of the agenda for early -nineteenth century law reform had taken shape in much earlier periods of English history. Areas of legal change that were of greatest concern to private litigants – such as the high costs of common law process; the fees and sinecure offices attached to the central courts of Westminster Ha ll; the absence of efficient and inexpensive tribunals to deal with debt and small claims ; the need for local registries for deeds – had all been identified for attention by the middle decades of the seventeenth century.
    [Show full text]
  • Representative Government in England: Its Faults and Failures
    Representative Government in England Its Faults and Failures By David Syme author of “outlines of an Industrial Science” London Kegan Paul, Tench & Co., 1, Paternoster Square 1881 Contents Introduction Page Legislative remedies - General character of British legislation xi.-xxvi. - Great expenditure of labour and time requisite to carry a measure through Parliament – Questions now awaiting settlement - How such slow progress is made Chapter I. Early Representative Parliaments. History of, divided into three periods. 1 The Commons passive during the first period. 2 Aggressive during the second. 3 Insolent and tyrannical during the third. 5 The Peers in no sense representatives. 7 Earliest Parliaments at which representatives were present. 8 The Parliament of 1295. 10 Subordinate position of representatives in the early 12 Parliaments. Usage with regard to the assembling of. 13 The qualifications required of representatives. 14 Freedom of elections. 16 The place and mode of election. 17 Compulsory attendance of members. 18 And payment for services. 19 Three different classes represented. 20 And each by its own representatives. 22 Representatives were agents or attorneys. 24 Early electors familiar with parliamentary functions. 25 Analogy of ecclesiastical assemblies. 26 The residential qualification of representatives. 27 Why two representatives were elected by each constituency. 29 The duties of a representative. 29 Why there are no instances of representatives having been dismissed by their constituents. 32 Representatives chosen by an indirect process. 32 Chapter II. A New Departure Abandonment of the residential qualification for members. 37 Consequent increase in the number of candidates. 38 Corresponding increase in the cost of elections. 39 Bribery and corruption.
    [Show full text]