This book investigates the norms and values of Tudor and early-Stuart politics, which are considered in the contexts of law and the Reformation, legal and administrative institutions, and classical and legal humanism. Main themes include 'imperial' monarchy and the theory of 'counsel', Parliament and the royal supremacy, conciliar politics and organization, the relationship of law and equity, and the jurisdictional rivalry between the courts of common law and canon law. The author argues that norms of Tudor England were sufficiently pluralist to satisfy both 'absolutist' and 'constitutionalist' aspirations, whereas by 1628 they proved no longer effective as a mechanism for the orderly conduct of politics. The clash between two conflicting sets of values was translated into a clash of ideologies.

This book investigates the norms and values of Tudor and early-Stuart politics, which are considered in the contexts of law and the Reformation, legal and administrative institutions, and classical and legal humanism. Main themes include 'imperial' monarchy and the theory of 'counsel', Parliament and the royal supremacy, conciliar politics and organization, the relationship of law and equity, and the jurisdictional rivalry between the courts of common law and canon law. The author argues that norms of Tudor England were sufficiently pluralist to satisfy both 'absolutist' and 'constitutionalist' aspirations, whereas by 1628 they proved no longer effective as a mechanism for the orderly conduct of politics. The clash between two conflicting sets of values was translated into a clash of ideologies.

In this study of the reciprocities binding religion, politics, law, and literature, Debora Shuger offers a profoundly new history of early modern English censorship, one that bears centrally on issues still current: the rhetoric of ideological extremism, the use of defamation to ruin political opponents, the grounding of law in theological ethics, and the terrible fragility of public spheres. Starting from the question of why no one prior to the mid-1640s argued for free speech or a free press per se, Censorship and Cultural Sensibility surveys the texts against which Tudor-Stuart censorship aimed its biggest guns, which turned out not to be principled dissent but libels, conspiracy fantasies, and hate speech. The book explores the laws that attempted to suppress such material, the cultural values that underwrote this regulation, and, finally, the very different framework of assumptions whose gradual adoption rendered censorship illegitimate. Virtually all substantive law on language concerned defamation, regulating what one could say about other people. Hence Tudor-Stuart laws extended protection only to the person hurt by another's words, never to their speaker. In treating transgressive language as akin to battery, English law differed fundamentally from papal censorship, which construed its target as heresy. There were thus two models of censorship operative in the early modern period, both premised on religious norms, but one concerned primarily with false accusation and libel, the other with false belief and immorality. Shuger investigates the first of these models—the dominant English one—tracing its complex origins in the Roman law of iniuria through medieval theological ethics and Continental jurisprudence to its continuities and discontinuities with current U.S. law. In so doing, she enables her reader to grasp how in certain contexts censorship could be understood as safeguarding both charitable community and personal dignitary rights.

Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.

The book discusses the 'state trial' as a legal process, a public spectacle, and a point of political conflict - a key part of how constitutional monarchy became constitutional.State trials provided some of the leading media events of later Stuart England. The more important of these trials attracted substantial public attention, serving as pivot points in the relationship between the state and its subjects. Later Stuart England has been known among legal historians for a series of key cases in which juries asserted their independence from judges. In political history, the government's sometimes shaky control over political trials in this period has long been taken as a sign of the waning power of the Crown. This book revisits the process by which the 'state trial' emerged as a legal proceeding, a public spectacle, a point of political conflict, and ultimately, a new literary genre. It investigates the trials as events, as texts, and as moments in the creation of historical memory. By the early nineteenth century, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.

Elizabethan and early Stuart England saw the prevailing medium for transmitting military news shift from public ritual, through private letters, to public newspapers. This study is based on an examination of hundreds of manuscript news letters, printed pamphlets and corantos, and news diaries which are in holdings in the US and the UK.

The papers collected in these volumes revolve around the political, constitutional and personal problems of the English government between the end of the fifteenth-century civil wars and the beginning of those of the seventeenth century. Previously published in a great variety of places, none of them appeared in book form before. They are arranged in four groups (Tudor Politics and Tudor Government in Volume I, Parliament and Political Thought in Volume II) but these groups interlock. Though written in the course of some two decades, all the pieces bear variously on the same body of major issues and often illuminate details only touched upon in Professor Elton's books. Several investigate the received preconceptions of historians and suggest new ways of approaching familiar subjects. They are reprinted unaltered, but some new footnotes have been added to correct errors and draw attention to later developments.

A Companion to Tudor Britain provides an authoritative overview of historical debates about this period, focusing on the whole British Isles. An authoritative overview of scholarly debates about Tudor Britain Focuses on the whole British Isles, exploring what was common and what was distinct to its four constituent elements Emphasises big cultural, social, intellectual, religious and economic themes Describes differing political and personal experiences of the time Discusses unusual subjects, such as the sense of the past amongst British constituent identities, the relationship of cultural forms to social and political issues, and the role of scientific inquiry Bibliographies point readers to further sources of information

This volume in 'The Oxford History of the Laws of England' covers the years 1483-1558, a period of immense social political, and intellectual changes which profoundly affected the law and its workings.

This volume covers the years 1483-1558, a period of immense social, political, and intellectual changes, which profoundly affected the law and its workings. It first considers constitutional developments, and addresses the question of whether there was a rule of law under king Henry VIII. In a period of supposed despotism, and enhanced parliamentary power, protection of liberty was increasing and habeas corpus was emerging. The volume considers the extent to which the law was affected by the intellectual changes of the Renaissance, and how far the English experience differed from that of the Continent. It includes a study of the myriad jurisdictions in Tudor England and their workings; and examines important procedural changes in the central courts, which represent a revolution in the way that cases were presented and decided. The legal profession, its education, its functions, and its literature are examined, and the impact of printing upon legal learning and the role of case-law in comparison with law-school doctrine are addressed. The volume then considers the law itself. Criminal law was becoming more focused during this period as a result of doctrinal exposition in the inns of court and occasional reports of trials. After major conflicts with the Church, major adjustments were made to the benefit of clergy, and the privilege of sanctuary was all but abolished. The volume examines the law of persons in detail, addressing the impact of the abolition of monastic status, the virtual disappearance of villeinage, developments in the law of corporations, and some remarkable statements about the equality of women. The history of private law during this period is dominated by real property and particularly the Statutes of Uses and Wills (designed to protect the king's feudal income against the consequences of trusts) which are given a new interpretation. Leaseholders and copyholders came to be treated as full landowners with rights assimilated to those of freeholders. The land law of the time was highly sophisticated, and becoming more so, but it was only during this period that the beginnings of a law of chattels became discernible. There were also significant changes in the law of contract and tort, not least in the development of a satisfactory remedy for recovering debts.