DOCSLIB.ORG

In Re Ellenborough Park

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In Re Ellenborough Park The Barrie Guide to the English Legal System and Legal Method 2021 Barrie Goldstone Head of the School of Law London Metropolitan University 0 CONTENTS INTRODUCTION FURTHER READING PART ONE: LEGAL LANGUAGE AND PROCEDURE 1 The Categories of Law 2 The Language of the Law 3 The Overlap of Criminal and Civil Law 4 The Hierarchy of the Criminal and Civil Courts Exercise One: The Overlap of Criminal and Civil Law PART TWO: THE SOURCES OF ENGLISH LAW 5 Statute Law: Introduction 6 Statute Law: The Legislative Process 7 The Common Law: Introduction 8 The Common Law: The Law Reports 9 The Common Law: Ratio Decidendi and Obiter Dicta 10 The Common Law: The Hierarchy of the Courts 11 The Common Law: Disregarding Precedents Exercise Two: Case Analysis Exercise Three: Advanced Case Analysis 12 The Doctrine of Equity 13 Law of the European Union 14 Subsidiary Sources of Law 15 Statutory Interpretation: Introduction 16 Statutory Interpretation: The General Rules 17 Statutory Interpretation: Other Rules 18 Statutory Interpretation: Literal Approach v. Purposive Approach 19 Statutory Interpretation: The Use of Extrinsic Sources 20 Statutory Interpretation: Human Rights Exercise Four: Statutory Analysis 1 PART THREE: CRIMINAL LAW AND PROCEDURE 21 Sources of Criminal Law 22 Categories of Crime 23 The Police and the Crown Prosecution Service 24 The Magistrates’ Courts 25 The Crown Court 26 The Court of Appeal (Criminal Division) 27 The Supreme Court 28 Appeals by way of Case Stated 29 Elements of Criminal Procedure PART FOUR: CIVIL LAW AND PROCEDURE 30 Introduction 31 Categories of Civil Law 33 Civil Litigation: Introduction 33 Civil Litigation: Alternative Disupte Resolution 34 Civil Litigation: Arbitration 35 Civil Litigation: Mediation and Conciliation 36 Civil Litigation: Going to Court 37 Civil Litigation: Elements of Civil Court Procedure PART FIVE: THE ENGLISH LEGAL PROFESSION 38 Solicitors 39 Barristers 40 The Judiciary 41 Magistrates 42 Other Legal Practitioners PART SIX: LEGAL PRACTICE AND LEGAL SCHOLARSHIP 43 Legal Practice 44 Legal Scholarship 2 PART SEVEN: LEGAL REASONING 45 Introduction 46 Methods of Reasoning 47 Views on Legal Reasoning 48 Syllogistic Logic PART EIGHT: MATTERS OF FACT v. MATTERS OF LAW 49 Fact and Law PART NINE: LEGAL WRITING 50 Cementing the Foundations of Law 51 Preparing Written Legal Work 52 Dissertations and Coursework 53 Summary 54 What not to do when writing a law essay PART TEN: LEGAL RESEARCH 55 Textbooks, Journals and Encyclopaedias 56 Databases 57 OSCOLA Referencing PART ELEVEN: JUDICIAL ETHICS 58 Justice, Not Truth 59 Judicial Bias 60 Judicial Prejudice in Resolving a Factual Dispute 61 Judicial Prejudice in Resolving a Legal Dispute 62 Clarity and Certainty in Judgments 63 Dissenting Judgments 3 APPENDIX A: PRIMARY SOURCE MATERIALS 1. Adler v. George [1964] 2 QB 7 2. Builders’ Skip Case (1986) 3. Regina v. Brown (Anthony) [1994] 1 AC 212 4. Carlill v. The Carbolic Smoke Ball Company [1892] 2 QB 484 (High Court) 5. Carlill v. The Carbolic Smoke Ball Company [1892] 2 QB 484 (Court of Appeal) 6. Fisher v. Bell [1960] 3 WLR 919 7. Hammond v. Mitchell [1991] 1 WLR 1127 8. Hedley Byrne and Co. Ltd. v. Heller and Partners Ltd. [1964] AC 465 9. Hinz v. Berry [1970] 2 QB 40 10. Regina (Jackson and others) v. Attorney General [2006] 1 AC 262 11. Partridge v. Crittenden [1968] 1 WLR 1204 12. Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd. [1953] 1 QB 401 13. Smith v. Hughes [1960] 1 WLR 830 14. Whiteley v. Chappell (1868-69) LR 4 QB 147 15. The Noise Act 1996 (as amended) 16. The European Convention on Human Rights APPENDIX B: CASE ANALYSIS GUIDANCE APPENDIX C: TEST YOUR KNOWLEDGE OF THE ENGLISH LEGAL SYSTEM 4 INTRODUCTION This manual is designed to familiarise you with some basic ideas about the system of law in England and Wales. It is largely English law that you will be learning and applying in this course. The law of any country is much more than a “set of rules”. The rules are what we perceive on the surface, but creating and underpinning them is a “legal culture” or way of thinking. The way the rules work can only be understood by considering the context in which they are generated and applied. If you have not studied or worked with English Law before, you will find it invaluable to gain a basic knowledge of legal structure, legal language, legal research and legal analysis, before looking at the substantive law which forms the main body of this course. Throughout this text you will find formative exercises, some of which you will attempt in the tutorials and as homework. Good luck with the course. We hope you find it enjoyable, interesting and useful. Best wishes, Barrie Goldstone Head of the School of Law, London Metropolitan University 5 FURTHER READING General Reading There are many excellent text-books which give a clear account of the English Legal System. We would recommend the latest editions of any of the following: The English Legal System (Gillespie, OUP) The English Legal System (Slapper and Kelly, Routledge) Smith and Keenan’s English Law (Keenan, Pearson) (Especially part one. This book also contains a useful summary of many areas of substantive law.) There are also several useful guides to studying the law, including: Glanville Williams: Learning the Law (Smith, Sweet and Maxwell) You may also wish to have a law dictionary to clarify the many strange words and phrases beloved of lawyers. There are many fine ones on the market, including: Osborn’s Concise Law Dictionary (Bone, Sweet and Maxwell) Cases In addition to reading text-books, you must get used to reading the judgments in decided cases. In the Common Law system of England and Wales, judgments do not just illustrate an application of the law: they often create it. n.b. The word ‘judgment’ is spelt without the middle ‘e’ when it means court judgment. You must NEVER spell it ‘judgement ’in this context… EVER! Statutes and Treaties You must also get used to reading statutes (Acts of Parliament) and treaties, as they are the primary source of English Law. Even areas of law that are largely based on the Common Law (such as the Law of Contract) involve the intervention of several important statutes. n.b. The word ‘Act’ is always spelt with a capital ‘A’ when it refers to an Act of Parliament, even if it appears in the middle of a sentence. Similarly, the word ‘Bill’ is always spelt with a capital ‘B’ when it refers to a Bill of Parliament (i.e. a statute before it has received the Royal Assent). Authorial Note This manual has been complied and written by Barrie Goldstone, with acknowledged reference to - and inclusion of - primary and secondary sources. Sections 29-30 are based on a text by Silas Beckwith Parts 6 and 7 are based on a text by Michael Meehan 6 PART ONE: LEGAL LANGUAGE 1 THE CATEGORIES OF LAW General Categories 1.1 There are numerous ways of categorising English Law, including: • Commercial Law (such as Contract, Company Law and Property Law); • The Law of Tort (such as Negligence, Trespass, Defamation and Private Nuisance); • Family Law (such as Divorce and Adoption Law); • Chancery Law (such as Testamentary Law, Trusts, Patents and Settlements). 1.2 Although such branches of law are taught – and often practised – as discreet areas of law, they all constantly overlap and cannot be understood or practised in isolation. Criminal and Civil Law 1.3 The key division in English Law is between CRIMINAL LAW and CIVIL LAW. Depending on whether a case falls within one branch or the other will determine a host of essential matters, including: • The procedure to be followed in pursuing a case • The courts which may be asked to decide the case • The personnel involved in the case • The required standard of proof • The possible outcomes of the case • The terminology and legal language appropriate to the case Private Law and Public Law 1.4 Another key division that is often made is between PRIVATE LAW and PUBLIC LAW. As the names suggest, PRIVATE LAW concerns matters between private individuals, whereas PUBLIC LAW concerns matters of state. 1.5 Private Law covers the following: • The Law of Contract: consensual obligations arising by way of an agreement • The Law of Tort: non-consensual obligations arising as a matter of general law • The Law of Property: real (land) personal and intellectual • The Law of Equity and Trusts: including wills and succession • Family Law: including marriage, divorce, adoption and custody 1.6 Public Law covers the following: • Administrative Law: the functions and control of governmental powers1 • Constitutional Law: the relationship of the State, the government and the citizen2 • Criminal Law 1 Such as Judicial Review before the Administrative Court. 2 Such as Parliamentary sovereignty; the Rule of Law; the separation of powers; and the structure of government. 7 2 THE LANGUAGE OF THE LAW Criminal Law and Civil Law Terminology 2.1 As well as using different courts, criminal law and civil law cases have different procedural rules and, to some extent, use different terminology. Some of the differences between civil and criminal cases are as follows: CRIMINAL CASES CIVIL CASES Crimes are also called ‘offences’ Civil wrongs are not called ‘offences’ Prosecutions are brought by the Suits are brought by private individuals, known as State in the name of the Crown, claimants (known pre-1999 as plaintiffs). the Crown Prosecution Service or the Director of Public Prosecutions. Only the wronged person may sue. The defendant in a criminal case is The defendant in a civil case is always called sometimes called ‘the accused’ ‘the defendant’ The victim of a crime may not decide The claimant may discontinue the case at any time.
Load more

Recommended publications
  • New Research Paper 2001 Template
    RESEARCH PAPER 01/116 The Parliamentary Oath 14 DECEMBER 2001 (Replaces Research Paper 00/17) This paper looks at the requirement on Members of Parliament to swear an oath of allegiance or make, instead, a solemn affirmation. The paper outlines the main objections to the oath, and looks at the events following the Speaker's ruling in May 1997 that Members who do not swear the oath are not entitled to use the facilities of the House. It also looks at the motion to be debated on Tuesday 18 December 2001 to allow Sinn Féin access to office facilities in the Palace of Westminster. This paper updates and replaces Research Paper 00/17. Chris Sear PARLIAMENT AND CONSTITUTION CENTRE HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 01/101 The Anti-terrorism, Crime and Security Bill: Introduction and Summary 19.11.01 [Bill 49 of 2001-02] 01/102 Parliamentary Standards 19.11.01 01/103 The Land Registration Bill [HL] [Bill 48 of 2001-02] 21.11.01 01/104 The Human Reproductive Cloning Bill [HL] [Bill 57 of 2001-02] 27.11.01 01/105 The Home Energy Conservation Bill [Bill 11 of 2001-02] 28.11.01 01/106 Climate Change and the Kyoto Protocol 29.11.01 01/107 The Education Bill [Bill 55 of 2001-02] 29.11.01 01/108 The Barnett Formula 30.11.01 01/109 Economic Indicators 03.12.01 01/110 The Tax Credits Bill [Bill 52 of 2001-02] 05.12.01 01/111 Mobile Phones and Mobile Phone Masts 11.12.01 01/112 The Campaign against International Terrorism: prospects after the fall of 11.12.01 the Taliban 01/113 Unemployment by Constituency, November 2001 12.12.01 01/114 The Northern Ireland Decommissioning (Amendment) Bill [Bill 63 2001-02]14.12.01 01/115 The Commonhold and Leasehold Reform Bill [HL] [Bill 51 of 2001-02] 14.12.01 Research Papers are available as PDF files: •to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk •within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff.
    [Show full text]
  • Faithful Execution and Article II
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2019 Faithful Execution and Article II Andrew Kent Ethan J. Leib Jed Shugerman Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons VOLUME 132 JUNE 2019 NUMBER 8 © 2019 by The Harvard Law Review Association ARTICLE FAITHFUL EXECUTION AND ARTICLE II Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman CONTENTS INTRODUCTION .......................................................................................................................... 2113 I. FAITHFUL EXECUTION IN 1787–1788: EVIDENCE FROM THE CONVENTION, RATIFICATION, AND LINGUISTIC USAGE..................................................................... 2121 A. The Philadelphia Convention ........................................................................................ 2121 B. Ratification Debates ....................................................................................................... 2128 C. Linguistic Usage .............................................................................................................. 2132 D. The Other Components of the Clauses.......................................................................... 2134 1. “Take Care” ................................................................................................................. 2134 2. “[T]he Laws” .............................................................................................................. 2136
    [Show full text]
  • The Revenge of the Arcane Exclusion Clause: the ... -.:: GEOCITIES.Ws
    winter 2005 Oxford University Commonwealth Law Journal 179 THE REVENGE OF THE ARCANE EXCLUSION CLAUSE: THE CIVIL REGISTRATION OF MARRIAGE AND THE ROYAL FAMILY NOEL COX* AINTRODUCTION Over the past few centuries—indeed since the early days of Parliament—there have been occasions when ad hoc legislation has been enacted in response to the need to clarify specific royal situations. Whether these were for the purpose of regulating the succession to the Crown,1 or of royal marriages,2 or lately, for the creation of regencies,3 they were generally marked by their political nature and by an element of expediency. The personal wishes of those to whom the laws applied rarely predominated, or were even influential. They were primarily constitutional and political in nature. These special laws were intended to cater for the peculiar requirements of the time, but many of them were also to have longer-term application. Especially important in this latter respect were the Royal Marriages Act 1772,4 and the Act of Settlement 1701.5 The former was enacted to prevent members of the Royal Family from entering into unsuitable alliances by requiring royal consent to any marriage. This also was not primarily for their benefit, but rather to prevent the Crown from passing to the descendants of people deemed unsuitable. Just as the succession was limited to those who were Protestants and not adherents of the Roman Catholic Church, so the choice of spouse was regulated for what was seen as being the good of the country. The 1772 Act presents little difficulty today for descendants of King George II.
    [Show full text]
  • Parliamentary Oath 14 FEBRUARY 2000
    RESEARCH PAPER 00/17 The Parliamentary Oath 14 FEBRUARY 2000 This paper looks at the requirement on Members of Parliament to swear an oath of allegiance or make, instead, a solemn affirmation. The history of the oath is described, and the oath in the devolved legislatures is covered. The paper also outlines the main objections to the oath, and looks in more detail at the events following the Speaker’s ruling in May 1997 that Members who do not swear the oath are not entitled to use the facilities of the House. Aileen Walker Edward Wood PARLIAMENT AND CONSTITUTION CENTRE HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 00/1 The Political Parties, Elections and Referendums Bill - Electoral Aspects 06.01.00 [Bill 34 of 1999-2000] 00/2 The Political Parties, Elections and Referendums Bill - Donations 07.01.00 [Bill 34 of 1999-2000] 00/3 The Political Parties, Elections and Referendums Bill - Referendums and 07.01.00 Broadcasting [Bill 34 of 1999-2000] 00/4 The Fur Farming (Prohibition) Bill [Bill 6 of 1999-2000] 14.01.00 00/5 Unemployment by Constituency – December 1999 19.01.00 00/6 Disqualification Bill [Bill 41 of 1999-2000] 20.01.00 00/7 Utilities Bill [Bill 49 of 1999-2000] 26.01.00 00/8 Medical Treatment (Prevention of Euthanasia) Bill 21.01.00 [Bill 12 of 1999-2000] 00/9 Economic Indicators 01.02.00 00/10 Carers and Disabled Children Bill [Bill 13 of 1999-2000] 01.02.00 00/11 The Export of Farm Animals Bill [Bill 20 of 1999-2000] 02.02.00 00/12 The Armed Forces Discipline Bill [Bill 53 of 1999-2000] 04.02.00 00/13 The
    [Show full text]
  • Btcaak P.A. Diaper, Law and Religion in England Between 1532-1994
    Paul Antony Diaper, Law and Religion in England between 1532-1994 PONTIFICIA UNIVERSITAS SANCTAE CRUCIS FACULTAS IURIS CANONICI Paul Antony Diaper LAW AND RELIGION IN ENGLAND BETWEEN 1532-1994 the legal development of the Established Church, Religious Toleration and Conscientious Objection. Thesis ad Doctoratum in Iure Canonico totaliter edita Romae 2000 Coram Commissione docentium, 22 novembris 1999, doctoralem dissertationem Candidatus palam defendit. btcaak pag.1/447 Paul Antony Diaper, Law and Religion in England between 1532-1994 II Ad normam Statutorum Pontificiae Universitatis Sanctae Crucis hanc dissertationem perlegimus ac typis totaliter edendam adprovabimus: Prof. Dr. Ioseph Thomas Martín de Agar Prof. Dr. Vincentius Prieto IMPRIMI POTEST Prof. Dr. Eduardus Baura, Decanus Facultatis Iuris Canonici Romae, 28 februarii 2000 Secretarius Generalis Dr. Alfonsus Monroy Prot. nº 123/2000 Imprimatur: Mons. Cesare Nosiglia, Vices Gerens, Vicariatus Urbis Romae, die 14 mense martii anno 2000 btcaak pag.2/447 Paul Antony Diaper, Law and Religion in England between 1532-1994 TABLE OF CONTENTS Introduction....................................................... XIII Acknowledgements ............................................. XIX Works used often throughout the text: ............XXIII Chapter 1 The Position of the English Church prior to 1532: the relationship between its canon law and English law; Principles of Modern English law. 1.1 Introduction. .......................................................4 1.2. The Catholic Church in England prior to 1066. .........6 1.2.1 The arrival of Christianity in Britannia. 8 1.2.2. The separation of the Church in Britannia from the rest of the Church. 10 1.2.3. The arrival of St Augustine in 547 and the ecclesial government given to the English Church by Pope Gregory the Great.
    [Show full text]
  • Sample Chapter
    Detailed Contents List of Illustrations xiii Acknowledgments xiv List of Abbreviations xv Series Editor’s Preface xvi Timeline of Historical Events xvii Timeline of Literary Events xxiii Introduction 1 1 Key Historical Events 12 1.1 Richard III’s Proclamation against Henry Tudor (23 June 1485) 19 1.2 Henry Tudor’s Speech at the Battle of Bosworth (22 August 1485) 20 1.3 Henry VIII’s Letter to Pope Clement VII (1532) 21 1.4 An Act Concerning the King’s Highness to be Supreme 23 Head of the Church of England (3 November 1534) 1.5 Edward VI’s Chronicle (1547–52) 24 1.6 Mary Tudor’s Letter to Members of Edward VI’s Privy Council (9 July 1553) 26 1.7 Elizabeth I’s First Speech to Parliament (10 February 1559) 28 1.8 Elizabeth I’s Speech to Parliament regarding Mary of Scotland (12 November 1586) 31 1.9 Elizabeth I’s Speech to the Troops at Tilbury (9 August 1588) 32 1.10 The Gunpowder Plot against James VI and I (5 November 1606) 33 1.11 James VI and I’s Speech to Parliament regarding Monarchy (21 March 1610) 36 1.12 A Description of Henry Stuart, Prince of Wales (1607) 38 1.13 Charles I’s Scaffold Speech (30 January 1649) 39 1.14 An Act Abolishing the Kingly Office in England, Ireland, and the Dominions thereunto Belonging (17 March 1649) 39 vii viii DETAILED CONTENTS 2 Society, Economy, and Class 41 2.1 Sir Thomas Wilson, “The State of England” (1600) 45 2.2 James Bankes’s Advice to his Children (1611) 51 2.3 John Hales’s Charge to a County Commission Investigating Enclosures (1548) 54 2.4 Sir Roger Wilbraham’s Account of Enclosure Riots
    [Show full text]
  • "So Help Me?": Religious Expression and Artifacts in the Oath of Officend a the Courtroom Oath Frederick B
    Barry University School of Law Digital Commons @ Barry Law Faculty Scholarship 2014 "So Help Me?": Religious Expression and Artifacts in the Oath of Officend a the Courtroom Oath Frederick B. Jonassen Barry University Follow this and additional works at: https://lawpublications.barry.edu/facultyscholarship Part of the Constitutional Law Commons, Courts Commons, Legal History Commons, and the President/Executive Department Commons Recommended Citation Frederick B. Jonassen, So Help Me: Religious Expression and Artifacts in the Oath of Office and the Courtroom Oath, 12 Cardozo Pub. L. Pol'y & Ethics J. 303 (2014) This Article is brought to you for free and open access by Digital Commons @ Barry Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ Barry Law. ''SO HELP ME?": RELIGIOUS EXPRESSION AND ARTIFACTS IN THE OATH OF OFFICE AND THE COURTROOM OATH Frederick B. Jonassen* INTRODUCTION . 303 I. THE HISTORY OF THE OATH ...•..................... 310 A. The judicial Oath from its Origins to Omychund v. Barker ........................................... 311 B. Conscientious Objections to the Oath to the American Constitution . 318 II. THE ENGLISH OATHS OF LOYALTY..... • • . 322 III. THE No RELIGious TEST CIAusE ................•... 326 A. The States at the Time of the Founding............. 326 B. The State Constitutional Ratifying Debates . 330 C. The Abbott-Iredell Debate. 337 D. Two Muslim Oaths ................................ 342 i. Syidah Matteen . 345 u. Keith Ellison . 353 IV. RELIGIOUS EXPRESSION IN THE AGE OF DIVERSITY • . 358 A. Religious Expression in Testamentary and Other Courtroom Oaths . 358 B. Religious Expression in the Oath of Office . 366 CONCLUSION. • . • . 372 INTRODUCTION On February 5, 2003, NBC broadcast episode 81 of The West Wing.
    [Show full text]
  • A PDF of Session #1: Origins
    The Distinctiveness of the Episcopal Tradition Session #1: Origins “The King’s Matter” • More complex than Henry VIII’s desire for a divorce. • Legitimate concerns about the succession: • Wars of the Roses: 1455 - 1487, between the Houses of Lancaster and York • Conflict ended with Henry Tudor’s victory in 1485. Crowned Henry VI, and established the House of Tudor • Henry VIII had no legitimate male heir; feared a return to civil war, and the end of the House of Tudor. • Long-standing power struggle between monarchs and Popes: Henry II and Thomas Becket in 12th century. • Henry VIII established himself as head of the Church of England; commissioned a new prayerbook. Influence of the Continental Reformation • The Protestant Reformation began with Martin Luther in 1517, gained traction in Germany. Other reformers such as Calvin, Knox, Zwingli, and Hus, spread ideas to other countries. • Henry VIII not sympathetic to Protestant views; wrote a tract against Luther and was given the title “Defender of the Faith” by the Pope. Considered himself a Roman Catholic all his life. • Due to the printing press, reformations ideas spread to Britain. Archbishop Cramner and eventual Chancellor Thomas Cromwell aided in the Reformation’s spread. • Two slogans of the Reformation: “Sola Scriptura” and “Sola Fides.” After Henry VIII • Edward VI, Henry’s son, succeeded in 1547 at age 9. Under the influence of Protestant advisors, reform advanced quickly. 1552 Book of Common Prayer was much more Protestant in its theology. Died at age 15. • Mary I, Edward’s successor, attempted a Catholic restoration. Was called “Bloody Mary" due to mass execution of Protestants.
    [Show full text]
  • Troubles at Home and Abroad
    Part three: Troubles at home and abroad Paper 2: Shaping the Nation Section B: British Depth Studies BC Elizabethan England, c1568–1603 2 Instructions for use EDIT IN GOOGLE SLIDES EDIT IN POWERPOINT® Click on File in the top left menu and choose the option that Click on File in the top left menu,choose the option that says says “Make a copy…”. "Download as" and then choose “Microsoft PowerPoint (.pptx)”. You will get a .pptx file that you can You will get a copy of this document on your Google Drive edit in PowerPoint. and will be able to edit, add or delete slides. You have to be signed into your Google account. Learning Objectives At the end of the lesson, students should have good understanding of: ❏ Religious matters: English Catholicism and Protestantism; the Northern Rebellion; Elizabeth's excommunication; the missionaries; Catholic plots and the threat to the Elizabethan settlement; Puritans; Responses and policies towards religious matters. ❏ Mary Queen of Scots; Elizabeth and Parliament’s treatment of Mary; the challenge posed by Mary; plots; execution and its impact. ❏ Conflict with Spain: reasons; events; naval warfare, including tactics and technology; the defeat of the Spanish Armada. Important Keywords Transubstantiation Uniformity Recusant Excommunicate Papal bull Protestant Puritan Armada The Queen’s Highness is the only Supreme Governor of this realm and no foreign person or state has or ought to have any authority within this realm. - Excerpt from the Act of Supremacy, 1559 Elizabeth, the pretend queen of England and the servant of crime has monstrously usurped the place of the Supreme Head of the Church in all England, reducing the said kingdom into a miserable and ruinous condition.
    [Show full text]
  • Queen Elizabeth I and the English Reformation
    17.08.20 Sermon – Queen Elizabeth I and the English Reformation Here at St Peters we have been embarking on a series looking at key characters in the Protestant Reformation. Today we will be looking at Queen Elizabeth I and her role in the English Reformation. But before we jump into Lizzie’s reign and rule, let’s re-cap. Recap and Historical Background Martin Luther The Protestant Reformation began with Martin Luther, in Wittenberg, Germany in 1517 – 500 years ago. Prior to Martin Luther, there had been a handful of people who had tried to bring reform to the Roman Catholic Church. Yet it is Luther who is known as the initiator of this great change. Luther wrote 95 Theses, 95 academic reasons why the sale of indulgences was immoral and unbiblical, why the Pope had no authority over purgatory, and why the idea that the good deeds of past saints could be passed on in the form of forgiveness had no biblical foundation. Legend has it that Luther nailed these 95 Theses to the door of the All Saint’s Church in Wittenberg on October 31. Luther was an academic, a professor of theology, a composer, a priest, and a monk. John Calvin Following Luther, we have John Calvin, a refugee from France living in Switzerland in the 1530’s. Almost 20 years after Luther’s 95 Theses, Calvin published his first edition of the Institutes of Christian Religion. A hefty piece of work that would have needed nine inch nails and a bolt to secure it to a church door.
    [Show full text]
  • Francis Bacon, Nature, and the Politics of Religion
    The World’s a Bubble: Francis Bacon, Nature, and the Politics of Religion James A. T. Lancaster A dissertation submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in Combined Historical Studies The Warburg Institute, School of Advanced Studies University of London 2015 – !1 – I declare that the work presented in this thesis is my own James A. T. Lancaster The World’s a Bubble, and the life of man / less than a span. ⎯ Francis Bacon, ‘The World’s a Bubble’ – !2 – Abstract This thesis examines the development of Francis Bacon’s (1561-1626) religious views and their impact on his programme for the advancement of learning. It aims to address the largely misguided body of scholarly literature on Bacon’s beliefs by situating his understanding of religion within the complexity of its Elizabethan and Stuart contexts, and to show how Bacon steered his own considered course between the emergent pil- lars of Puritanism and Conformism. To the latter end, it evinces how he drew upon the Christian humanism of his parents, Nicholas and Anne Bacon, as well as the political thought of Niccolò Machiavelli, Francesco Guicciardini, and Justus Lipsius. Guided by the same intellectual commitments, he subsequently came to develop his own ideas about the reform of knowledge and the character of nature within the broader context of Christian humanism, Florentine political thought, and the Magisterial Reformation in England. It argues that, contrary to modern categories of thought, Bacon had no difficul- ty being both a Reformed Christian and a statesman for whom religion was often little more than a social or political currency.
    [Show full text]
  • Constructing an Early Modern Queen: Posturing, Mimicry, and the Rhetoric of Authority
    Old Dominion University ODU Digital Commons English Theses & Dissertations English Summer 2018 Constructing an Early Modern Queen: Posturing, Mimicry, and the Rhetoric of Authority Megan K. Mize Old Dominion University, [email protected] Follow this and additional works at: https://digitalcommons.odu.edu/english_etds Part of the English Language and Literature Commons, European History Commons, Rhetoric Commons, and the Women's Studies Commons Recommended Citation Mize, Megan K.. "Constructing an Early Modern Queen: Posturing, Mimicry, and the Rhetoric of Authority" (2018). Doctor of Philosophy (PhD), Dissertation, English, Old Dominion University, DOI: 10.25777/967y- f524 https://digitalcommons.odu.edu/english_etds/49 This Dissertation is brought to you for free and open access by the English at ODU Digital Commons. It has been accepted for inclusion in English Theses & Dissertations by an authorized administrator of ODU Digital Commons. For more information, please contact [email protected]. CONSTRUCTING AN EARLY MODERN QUEEN: POSTURING, MIMICRY, AND THE RHETORIC OF AUTHORITY by Megan K. Mize B.A. May 2004, The College of William and Mary M.A. August 2006, Old Dominion University A Dissertation Submitted to the Faculty of Old Dominion University in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY ENGLISH OLD DOMINION UNIVERSITY August 2018 Approved by: Imtiaz Habib (Director) Lindal Buchanan (Member) David Metzger (Member) Leah Marcus (Member) ABSTRACT CONSTRUCTING AN EARLY MODERN QUEEN: POSTURING, MIMICRY, AND THE RHETORIC OF AUTHORITY Megan K. Mize Old Dominion University, 2018 Director: Dr. Imtiaz Habib As the illegitimate daughter of Henry VIII and Anne Boleyn, a woman executed for treason, Elizabeth Tudor stood at the center of discourses that often sought to contain or even destroy her.
    [Show full text]