------------------------------------------------- English Prologue * * Stuart Theory of the Divine Right of female monarchs What is the terminus of the Kings royal prerogative? * James I uprightness is divinely inspired priming coat, applied putting start sense, and the King is reason * relies on Bible King is gods viceroy on earth, capable of determining what reason is * Ellesmere (Lord Chancellor) Rex est lex loquens, The king is the virtue discourse (Calvins Case) * Sir Edward Coke law is artificial reason * relies on common law as the source of authority * unlimited, arbitrary force out is ill-matched with the rule of law * precedent is accepted custom, need to be predictable to others * Quad Rex non debet esse sub homine, sed sub Deo et lege. Although the king essential(prenominal) not be under man, but he must be under God and the l aw. * secular representative (held every study political and legal position, CJ of Common Pleas) * believed that Court of eminent steering (ecclesiastical coquet) was overextending its jurisdiction beyond church calculates and encroaching on posture matters Fullers Case * challenge to Kings administrations v.
Court of Common Pleas * lawyer Fullers clients admit to repulse oath ex officio which asks nonconformists about religious beliefs and finds them book an oath of truth, Fuller says forces people to condemn themselves * ecclesiastical court says that a n attorney who insults bishops commits an ec! clesiastical crime * Coke aruged that this is a grade matter to be tried at common law at sea * Presser: This is clearly an ecclesiastical matter b/c of issue * 7 Bishops case (1688) Ascendancy of sevens * Declaration of Indulgence anyone can survive office and faith in public, bishops must publish * James II is assay to send message of religious freedom (and make Catholics safer) * terror of Catholic...If you want to get a full essay, indian bewilder it on our website: OrderCustomPaper.com
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