%PDF-1.3 1 0 obj << /Type /Catalog /Outlines 2 0 R /Pages 3 0 R >> endobj 2 0 obj << /Type /Outlines /Count 0 >> endobj 3 0 obj << /Type /Pages /Kids [6 0 R 14 0 R 16 0 R 18 0 R 23 0 R ] /Count 5 /Resources << /ProcSet 4 0 R /Font << /F1 8 0 R /F2 9 0 R /F3 10 0 R >> /XObject << /I1 11 0 R >> >> /MediaBox [0.000 0.000 595.280 841.890] >> endobj 4 0 obj [/PDF /Text /ImageC ] endobj 5 0 obj << /Creator (DOMPDF) /CreationDate (D:20140916080418+01'00') /ModDate (D:20140916080418+01'00') /Title (Politics, Law and Counsel in Tudor and Early Stuart England) >> endobj 6 0 obj << /Type /Page /Parent 3 0 R /Annots [ 12 0 R ] /Contents 7 0 R >> endobj 7 0 obj << /Length 4371 >> stream q 381.750 0 0 120.000 34.016 687.874 cm /I1 Do Q 0.000 0.000 0.000 rg BT 34.016 676.469 Td /F1 12.0 Tf [(Published on )] TJ ET BT 99.356 676.469 Td /F2 12.0 Tf [(Reviews in History)] TJ ET BT 190.016 676.469 Td /F1 12.0 Tf [( \()] TJ ET 0.000 0.000 0.800 rg BT 197.012 676.469 Td /F1 12.0 Tf [(http://www.history.ac.uk/reviews)] TJ ET 0.000 0.000 0.800 RG 0.24 w 0 J [ ] 0 d 197.012 675.075 m 357.332 675.075 l S 0.000 0.000 0.000 rg BT 357.332 676.469 Td /F1 12.0 Tf [(\))] TJ ET 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d 34.391 653.743 526.499 1.500 re S BT 34.016 615.321 Td /F3 18.0 Tf [(Politics, Law and Counsel in Tudor and Early Stuart England)] TJ ET BT 34.016 316.091 Td /F1 12.0 Tf [(This publication in a convenient and user-friendly format of fifteen essays written by Professor Guy over the )] TJ ET BT 34.016 301.835 Td /F1 12.0 Tf [(past quarter century is to be welcomed. Since most of the work is fairly readily available elsewhere, the )] TJ ET BT 34.016 287.579 Td /F1 12.0 Tf [(usefulness of the volume lies less in its function as a work of reference \(though it is nice to have for that )] TJ ET BT 34.016 273.323 Td /F1 12.0 Tf [(reason\) than in the opportunity it provides to consider Guy's contribution to Tudor and Stuart history to date, )] TJ ET BT 34.016 259.067 Td /F1 12.0 Tf [(and to ponder what he thinks are some of the most important general themes in the political history of the )] TJ ET BT 34.016 244.811 Td /F1 12.0 Tf [(period between the early sixteenth century and the outbreak of civil war in 1642.)] TJ ET BT 34.016 218.555 Td /F1 12.0 Tf [(The first half of the volume reflects Guy's early interest in Cardinal Thomas Wolsey's role as Henry VIIIs )] TJ ET BT 34.016 204.299 Td /F1 12.0 Tf [(leading councillor and presiding judge in the courts of Star Chamber and Chancery during the 1520s. The )] TJ ET BT 34.016 190.043 Td /F1 12.0 Tf [(questions are mostly, though not exclusively, informed by debates current in the late 1960s and early 1970s, )] TJ ET BT 34.016 175.787 Td /F1 12.0 Tf [(primarily those between Guy's postgraduate supervisor, Sir Geoffrey Elton, and Professor J. J. Scarisbrick )] TJ ET BT 34.016 161.531 Td /F1 12.0 Tf [(about the relative importance of the King, Wolsey, and Thomas Cromwell, in the major developments of the )] TJ ET BT 34.016 147.275 Td /F1 12.0 Tf [(period - the evolution of the privy council, the break from Rome, and the pursuit of agendas of social reform. )] TJ ET BT 34.016 133.019 Td /F1 12.0 Tf [(Vigorously argued, all of these essays reflect the relentless and virtuoso employment of archival sources that )] TJ ET BT 34.016 118.763 Td /F1 12.0 Tf [(is a signature of Guy's work, a point illustrated by, for example, his use of late sixteenth and early )] TJ ET BT 34.016 104.507 Td /F1 12.0 Tf [(seventeenth-century manuscripts \(including a number in the Ellesmere collection at the Huntington Library )] TJ ET BT 34.016 90.251 Td /F1 12.0 Tf [(in California\) to reconstruct the archive of Star Chamber in Wolsey's time.)] TJ ET BT 34.016 63.995 Td /F1 12.0 Tf [(Although the views put forward have no doubt failed to satisfy every participant in the close textual )] TJ ET BT 34.016 49.739 Td /F1 12.0 Tf [(controversy that sometimes characterises Henrician history, they are, taken as whole, balanced and plausible. )] TJ ET BT 34.016 584.699 Td /F3 12.0 Tf [(Review Number:)] TJ ET BT 34.016 570.443 Td /F1 12.0 Tf [(228)] TJ ET BT 34.016 556.187 Td /F3 12.0 Tf [(Publish date:)] TJ ET BT 34.016 541.931 Td /F1 12.0 Tf [(Thursday, 1 November, 2001)] TJ ET BT 34.016 527.675 Td /F3 12.0 Tf [(Author:)] TJ ET BT 34.016 513.419 Td /F1 12.0 Tf [(John Guy)] TJ ET BT 34.016 499.163 Td /F3 12.0 Tf [(ISBN:)] TJ ET BT 34.016 484.907 Td /F1 12.0 Tf [(9780860788326)] TJ ET BT 34.016 470.651 Td /F3 12.0 Tf [(Date of Publication:)] TJ ET BT 34.016 456.395 Td /F1 12.0 Tf [(2000)] TJ ET BT 34.016 442.139 Td /F3 12.0 Tf [(Pages:)] TJ ET BT 34.016 427.883 Td /F1 12.0 Tf [(334pp.)] TJ ET BT 34.016 413.627 Td /F3 12.0 Tf [(Publisher:)] TJ ET BT 34.016 399.371 Td /F1 12.0 Tf [(Ashgate)] TJ ET BT 34.016 385.115 Td /F3 12.0 Tf [(Place of Publication:)] TJ ET BT 34.016 370.859 Td /F1 12.0 Tf [(Aldershot)] TJ ET BT 34.016 356.603 Td /F3 12.0 Tf [(Reviewer:)] TJ ET BT 34.016 342.347 Td /F1 12.0 Tf [(Christopher Brooks)] TJ ET endstream endobj 8 0 obj << /Type /Font /Subtype /Type1 /Name /F1 /BaseFont /Times-Roman /Encoding /WinAnsiEncoding >> endobj 9 0 obj << /Type /Font /Subtype /Type1 /Name /F2 /BaseFont /Times-Italic /Encoding /WinAnsiEncoding >> endobj 10 0 obj << /Type /Font /Subtype /Type1 /Name /F3 /BaseFont /Times-Bold /Encoding /WinAnsiEncoding >> endobj 11 0 obj << /Type /XObject /Subtype /Image /Width 509 /Height 160 /Filter /FlateDecode /DecodeParms << /Predictor 15 /Colors 3 /Columns 509 /BitsPerComponent 8>> /Mask [ 255 255 255 255 255 255 ] /ColorSpace /DeviceRGB /BitsPerComponent 8 /Length 3280>> stream x[EQ㎦fVttҒ +3O{?lGDQԯDrB^.ϯ%~'0۠/2>0AG_>0j0GCfE67>rB^}@  !&y+r?INp:erc b8f=rQC!~-Wf^^zF[)G 2ޯe7V_Go3Ke GEGOo8rώ#\1ZY~N6^H}yLxS-!:412V+u\-LSO?xVvZ|GjǮT_8EYJF=Tw^ 7GxfN/S:Ʌ~ʟtt?5n÷J'JcF-GVξx{rO~tJd;#a\7}|~y'>}c2C vR}f׈**h.)_&@pfzjsx:5;S\vKhM5j=!Cn+h"u]a EUN]jn=k<,:Ք>sU!ni~6EJ)¦72?G}[y}_vc$t?iSܟ2Zݞ,VN?_`='RFK1A2qv&X_lLRWY'%:I㢖zb_UEx\>&ɆBˏ~K@ \gYØU4}$8Dv!'Q'*+Εj(UCGo[#< 2Ja(sZi9fZKE Rn`u\9r^Zmɯ׹}mstO4uc~#'jEvۼ Dx[z ޏQ4KL5,5u3>i^uÒ-53ba ~,~/pyt1fMU'CVm:qv~=Y'Es"WsφG?l_kN5}],Ow7 uh`xƫ?zMl7ٻv$A(4Dl(wwH} ?=[=S;yC]^BK>㕪9`Z'Wj;E|:bf>kCԘ#RY,iv쵗~}n'"1u" *uO΄/2^Sxr(!/DD\~mJyZ!MmrA!#u[if|99WB WΡpp}w}sh#,\ &:%˳X?D3 %W0cC?o̲^} F3XLVn]Cߖiϧ!7}yZJ#P7]=)7Ρp;>> Ye^xx{Oafw{ ;>4gfLt ʊ:q%#r/)pv!O4wGh|dS ӣݽހ-gVUC'pBxrB^} 7JA^} /'8!`:r?}}],X  }6y!`/~Br?}Q< >k7vx"] ,' .3jn{-i}|~%-};b6#U)7繎kiEw 㤳:E}[޼c"rꬊ7Dc$~"/Y&zSd:tFȌCrʙ`7u .#[-<)j ?TGS(j~oTup(hjU4PlJ=}|it.ҽ@\wʨuXÞZcx18Wo<~ikOg,ވ\^?EneyZcc0[R١z|zv7_m:_n]a?osS3~j^ hD.a_X'KfBX6w wݶ"Oa:,bvhrWH[uCF-Xfc}>x+Rz)2N-B 7y^٨;[/vg? | |2Sve}=o䑰j[vWjF0{굦?VI~}xM(_TlG__+]:#к?S} c>GŸD7 !w{S{B =x7a?oE#)+Gz:o_4Q<;n?\tt7?mGCџQGu4kņOF>F?#} hP&ђߴM#u!.СtL2^#o nIk_i.~7tr@n 1P~3?.[]=S5b߮~Yo^HFH YBi8a4iom>CKgMy*;?zqEӕ` >zB9iFzC?XF?ޟIܰ펉A}{I5ᄊx%ez#Mp@rߎpi]IOVjzuJt\۰f׺u5><,J~PTJp1)}){9N {!`/> endstream endobj 12 0 obj << /Type /Annot /Subtype /Link /A 13 0 R /Border [0 0 0] /H /I /Rect [ 197.0117 675.3895 357.3317 687.2695 ] >> endobj 13 0 obj << /Type /Action /S /URI /URI (http://www.history.ac.uk/reviews) >> endobj 14 0 obj << /Type /Page /Parent 3 0 R /Contents 15 0 R >> endobj 15 0 obj << /Length 7534 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [(If his interpretation of Wolsey as judge sometimes takes too little account of contemporary opinion at the )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(time, and consequently seems hard-put to explain adequately why the Cardinal had by the early seventeenth )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(century come to be seen as a symbol of all that could be objectionable about conciliar justice administered )] TJ ET BT 34.016 753.701 Td /F1 12.0 Tf [(by a cleric, Guy's study of the legal career of Wolsey's successor, Thomas More, which is also reflected in )] TJ ET BT 34.016 739.445 Td /F1 12.0 Tf [(these papers, does show that there was little difference in the case loads over which the two presided. As )] TJ ET BT 34.016 725.189 Td /F1 12.0 Tf [(against Scarisbrick, moreover, Guy demonstrates how Wolsey's reforming rhetoric was a hostage to his need )] TJ ET BT 34.016 710.933 Td /F1 12.0 Tf [(to raise money for the expensive foreign policy he directed, and it is hard to disagree with the conclusion of )] TJ ET BT 34.016 696.677 Td /F1 12.0 Tf [(the fine paper on 'Wolsey and the Parliament of 1523', that the cardinal was 'both good and bad'. At the same )] TJ ET BT 34.016 682.421 Td /F1 12.0 Tf [(time, Guy argues convincingly that the emergence of the privy council during the course of the 1530s was )] TJ ET BT 34.016 668.165 Td /F1 12.0 Tf [(the continuation of a process of differentiation of the larger king's council that had been to some degree )] TJ ET BT 34.016 653.909 Td /F1 12.0 Tf [(anticipated by Wolsey in the 1520s, and was subsequently as much a consequence of the ever-growing )] TJ ET BT 34.016 639.653 Td /F1 12.0 Tf [(pressure of business as the product of the bureaucratic genius that Elton attributed to Cromwell.)] TJ ET BT 34.016 613.397 Td /F1 12.0 Tf [(Indeed, unlike Elton, who saw the minister as the hand that manipulated the throne, or writers such as Eric )] TJ ET BT 34.016 599.141 Td /F1 12.0 Tf [(Ives, who stress the role of faction in giving direction to the politics, Guy argues that by the 1530s Henry )] TJ ET BT 34.016 584.885 Td /F1 12.0 Tf [(VIII was both his own master and fully cognisant of the possibilities for monarchical power that could be )] TJ ET BT 34.016 570.629 Td /F1 12.0 Tf [(read into some of the intellectual positions that were used to justify the breach from Rome necessitated by )] TJ ET BT 34.016 556.373 Td /F1 12.0 Tf [(his love affair with Anne Boleyn. Although the evidence is too complex to make for certainty, Guy suggests )] TJ ET BT 34.016 542.117 Td /F1 12.0 Tf [(that Henry saw very early \(maybe as early as 1515\) that threatening the clergy with the offence of )] TJ ET BT 34.016 527.861 Td /F1 12.0 Tf [(praemunire, and arguments for the royal supremacy over the church, potentially gave the crown a )] TJ ET BT 34.016 513.605 Td /F1 12.0 Tf [(jurisdictional omnicompetence that could imbue the king with a form of sovereignty similar to that enjoyed )] TJ ET BT 34.016 499.349 Td /F1 12.0 Tf [(by Roman emperors \(Chapter VII, p. 496\). In any case, the important point, which is not all that different )] TJ ET BT 34.016 485.093 Td /F1 12.0 Tf [(from the view expressed by F. W. Maitland in his acute writings on the Tudor period, is that the break from )] TJ ET BT 34.016 470.837 Td /F1 12.0 Tf [(Rome injected the language of 'imperial kingship' into the various strands of political thinking that had been )] TJ ET BT 34.016 456.581 Td /F1 12.0 Tf [(inherited from the later middle ages, a high view of descending royal authority that was still alive and well )] TJ ET BT 34.016 442.325 Td /F1 12.0 Tf [(when Charles I sat on the throne in the early seventeenth century. According to Guy, however, it is no less )] TJ ET BT 34.016 428.069 Td /F1 12.0 Tf [(crucial that this aspect of Tudor political thought co-existed with another, which stressed participation and )] TJ ET BT 34.016 413.813 Td /F1 12.0 Tf [(the supremacy of the king in parliament, that remained important because it appealed to laymen such as the )] TJ ET BT 34.016 399.557 Td /F1 12.0 Tf [(common lawyers, who might well be confessional conservatives, but who were none the less willing to use )] TJ ET BT 34.016 385.301 Td /F1 12.0 Tf [(parliamentary statute to break the jurisdictional autonomy of the spiritual courts in order to bring them under )] TJ ET BT 34.016 371.045 Td /F1 12.0 Tf [(the control of the secular common law. For Guy, the key to this second insight is Christopher St German, the )] TJ ET BT 34.016 356.789 Td /F1 12.0 Tf [(most influential legal writer of the Henrician period, whose polemical encounters with Sir Thomas More )] TJ ET BT 34.016 342.533 Td /F1 12.0 Tf [(constitute the middle chapters of the collection, and whose position influences much of what Guy has to say )] TJ ET BT 34.016 328.277 Td /F1 12.0 Tf [(in the remaining papers.)] TJ ET BT 34.016 302.021 Td /F1 12.0 Tf [(St German was the author of Doctor and Student \(1523\), the most important technical work on the law of )] TJ ET BT 34.016 287.765 Td /F1 12.0 Tf [(equity and the function of the court of Chancery produced during the early modern period, but in A Treatise )] TJ ET BT 34.016 273.509 Td /F1 12.0 Tf [(concerning the Division between the Spirituality and Temporality, a tract re-published five times between )] TJ ET BT 34.016 259.253 Td /F1 12.0 Tf [(1533 and 1537, he also attacked the procedures the church courts employed, especially in connection with )] TJ ET BT 34.016 244.997 Td /F1 12.0 Tf [(the punishment of heresy. Furthermore, Guy shows that during the 1530s St German proposed a programme )] TJ ET BT 34.016 230.741 Td /F1 12.0 Tf [(of parliamentary reform \(including law reform and a scheme for helping the poor\) that was far more )] TJ ET BT 34.016 216.485 Td /F1 12.0 Tf [(revolutionary than anything put forward by Thomas Cromwell, but which stressed the power of the king in )] TJ ET BT 34.016 202.229 Td /F1 12.0 Tf [(parliament, rather than the king alone, over both the temporal and secular spheres. The details of St )] TJ ET BT 34.016 187.973 Td /F1 12.0 Tf [(German's career are largely limited to what can be deduced from his books, but Guy points out that his )] TJ ET BT 34.016 173.717 Td /F1 12.0 Tf [(polemical works were published by Berthelet, the king's printer, and his parliamentary drafts reached the )] TJ ET BT 34.016 159.461 Td /F1 12.0 Tf [(state papers. His thought was obviously useful to the government in the context of the passage of the )] TJ ET BT 34.016 145.205 Td /F1 12.0 Tf [('Reformation' statutes. Hence Guy argues plausibly that Henry's reluctant decision to silence More by having )] TJ ET BT 34.016 130.949 Td /F1 12.0 Tf [(him executed was driven largely by Sir Thomas's determination to reply in print to the works of St German.)] TJ ET BT 34.016 104.693 Td /F1 12.0 Tf [(In the end St German, who died in 1540, was perhaps too much of a free radical to have very much influence )] TJ ET BT 34.016 90.437 Td /F1 12.0 Tf [(on the actual implementation of policy in the 1530s, but in essays written in the later 1980s and early 1990s, )] TJ ET BT 34.016 76.181 Td /F1 12.0 Tf [(Guy depicted his brand of parliamentary legalism, reinforced by William Marshall's translation of Marsiglio )] TJ ET BT 34.016 61.925 Td /F1 12.0 Tf [(of Padua's Defensor Pacis, as one the strands that made up what he usefully describes as the 'polyglot' )] TJ ET endstream endobj 16 0 obj << /Type /Page /Parent 3 0 R /Contents 17 0 R >> endobj 17 0 obj << /Length 7694 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [(language of political thought in the Henrician period. In addition, these later papers take the subject a step )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(further by addressing the works of Sir Thomas Elyot and Thomas Starkey, and elaborating from a reading of )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(them the view that there was also another powerful stream of Tudor thought that drew on the classics, and in )] TJ ET BT 34.016 753.701 Td /F1 12.0 Tf [(particular Cicero, to stress the importance of council, both inside and outside of parliament, as a way of )] TJ ET BT 34.016 739.445 Td /F1 12.0 Tf [(assuring good governance. Thus while Elton hailed the creation of the privy council as the foundation of )] TJ ET BT 34.016 725.189 Td /F1 12.0 Tf [(modern bureaucratic state, Guy reminds us that it also triggered a set concerns about what happens when )] TJ ET BT 34.016 710.933 Td /F1 12.0 Tf [(kings allowed themselves to be dominated by private, 'chamber' counsellors who were all too likely to put )] TJ ET BT 34.016 696.677 Td /F1 12.0 Tf [(their personal interests before those of the commonwealth as a whole. This was a problem that the fifteenth-)] TJ ET BT 34.016 682.421 Td /F1 12.0 Tf [(century judge, Sir John Fortescue had thought it important to address during the Wars of the Roses, and it )] TJ ET BT 34.016 668.165 Td /F1 12.0 Tf [(was a question raised by the leaders of the Pilgrimage of Grace who protested against the direction of royal )] TJ ET BT 34.016 653.909 Td /F1 12.0 Tf [(policy in the 1530s.)] TJ ET BT 34.016 627.653 Td /F1 12.0 Tf [(Guy's work on Tudor political thought is open to the criticism that it is based largely on a handful of figures, )] TJ ET BT 34.016 613.397 Td /F1 12.0 Tf [(including some, like Starkey, whose works may not have been all that widely known at the time, and he has )] TJ ET BT 34.016 599.141 Td /F1 12.0 Tf [(thus far made only limited attempts to trace the spread or the reception of the ideas he describes either in )] TJ ET BT 34.016 584.885 Td /F1 12.0 Tf [(print or in public discourse. On the other hand, his discussion of political thought in terms of different modes )] TJ ET BT 34.016 570.629 Td /F1 12.0 Tf [(or models, which reflected 'ascending' as well as 'descending' concepts of authority is extremely useful. It )] TJ ET BT 34.016 556.373 Td /F1 12.0 Tf [(goes some way towards explaining the conflicting or self-contradictory political values often found in the )] TJ ET BT 34.016 542.117 Td /F1 12.0 Tf [(sources. While it would be excellent to have fresh archival studies of institutions such as the Elizabethan )] TJ ET BT 34.016 527.861 Td /F1 12.0 Tf [(Star Chamber to match Guy's own study of the 'Cardinal's court', the emphasis on ideas points towards fresh )] TJ ET BT 34.016 513.605 Td /F1 12.0 Tf [(approaches to Tudor history that may enable us to better understand the period on its own terms while )] TJ ET BT 34.016 499.349 Td /F1 12.0 Tf [(liberating it from the hackneyed dialectics of Eltonian orthodoxy and subsequent revisionism. No less )] TJ ET BT 34.016 485.093 Td /F1 12.0 Tf [(important, Guy's view of English political development eschews any model of progressive linear )] TJ ET BT 34.016 470.837 Td /F1 12.0 Tf [(development across the later sixteenth and seventeenth centuries, and in a brief but incisive preface to this )] TJ ET BT 34.016 456.581 Td /F1 12.0 Tf [(collection, as well as in the concluding paragraphs of several of the later pieces, he suggests that problems )] TJ ET BT 34.016 442.325 Td /F1 12.0 Tf [(raised by the break from Rome in the 1530s - the relationship between the ecclesiastical jurisdictions and the )] TJ ET BT 34.016 428.069 Td /F1 12.0 Tf [(common law, that between crown and counsel inside and outside of parliament, that between royal authority )] TJ ET BT 34.016 413.813 Td /F1 12.0 Tf [(answerable only to God and that created by law - remained of central importance right down to the outbreak )] TJ ET BT 34.016 399.557 Td /F1 12.0 Tf [(of civil war in the 1640s. In his view the opposition of the Long Parliament to the ecclesiastical canons of )] TJ ET BT 34.016 385.301 Td /F1 12.0 Tf [(1640, and the printed exchanges over the Nineteen Propositions in early 1642 are best seen as particularly )] TJ ET BT 34.016 371.045 Td /F1 12.0 Tf [(acute manifestations of a set of questions about the location of authority in the English state that were )] TJ ET BT 34.016 356.789 Td /F1 12.0 Tf [(embedded in the ambiguities of the Act of Appeals, a parliamentary statute which proclaimed that England )] TJ ET BT 34.016 342.533 Td /F1 12.0 Tf [(was an empire and that the king was the supreme head of the clergy as well as the laity.)] TJ ET BT 34.016 316.277 Td /F1 12.0 Tf [(Inevitably in a collection of this kind, it is left largely to the reader to fill in the details between these )] TJ ET BT 34.016 302.021 Td /F1 12.0 Tf [(climactic episodes in the political history of early modern England, but the insight itself is a valuable one, )] TJ ET BT 34.016 287.765 Td /F1 12.0 Tf [(and in two of the essays that are set outside the Henrician period Professor Guy suggests how it might be )] TJ ET BT 34.016 273.509 Td /F1 12.0 Tf [(done. In a lengthy paper on 'The Elizabethan establishment and the ecclesiastical polity', he asserts that until )] TJ ET BT 34.016 259.253 Td /F1 12.0 Tf [(the 1590s, the personalities and complexion of the Queen's regime made it possible for all of the strands in )] TJ ET BT 34.016 244.997 Td /F1 12.0 Tf [(Tudor political thought to co-exist in relative harmony. But when the Presbyterian leader Thomas Cartwright )] TJ ET BT 34.016 230.741 Td /F1 12.0 Tf [(combined non-conformity with the propagation of 'Polybian "mixed" polity' as the ideal form of constitution )] TJ ET BT 34.016 216.485 Td /F1 12.0 Tf [(in church and state, there was a powerful reaction from the second-generation of Elizabethan governors, )] TJ ET BT 34.016 202.229 Td /F1 12.0 Tf [(most notably Archbishop Whitgift, one that was unsuccessfully resisted by older and more 'liberal' )] TJ ET BT 34.016 187.973 Td /F1 12.0 Tf [(counsellors such as Burghley. Non-conformists were brought before the ecclesiastical court of High )] TJ ET BT 34.016 173.717 Td /F1 12.0 Tf [(Commission where they were also obliged, on pain of imprisonment, to take the oath ex officio, which )] TJ ET BT 34.016 159.461 Td /F1 12.0 Tf [(required them to truthfully answer questions put to them before charges had been declared. Such procedures )] TJ ET BT 34.016 145.205 Td /F1 12.0 Tf [(had been criticised by St German in the 1530s, and in the reign of Elizabeth a group of puritan lawyers, )] TJ ET BT 34.016 130.949 Td /F1 12.0 Tf [(including the Essex MP James Morice and the clerk of the crown, Robert Beale, launched a further )] TJ ET BT 34.016 116.693 Td /F1 12.0 Tf [(onslaught against them by compiling evidence, publishing tracts, acting as legal advisors to those brought )] TJ ET BT 34.016 102.437 Td /F1 12.0 Tf [(before the courts, and putting forward bills in parliament. The general trust of the puritan legal position was )] TJ ET BT 34.016 88.181 Td /F1 12.0 Tf [(that ex officio procedures were contrary to the rules of due process in canon and civil law, as well as those of )] TJ ET BT 34.016 73.925 Td /F1 12.0 Tf [(common law as laid down in chapter 29 of Magna Carta. Morice, for example, did not fail to make an )] TJ ET BT 34.016 59.669 Td /F1 12.0 Tf [(analogy between such procedures and the practices of the Spanish Inquisition, but the bishops, supported by )] TJ ET endstream endobj 18 0 obj << /Type /Page /Parent 3 0 R /Annots [ 21 0 R ] /Contents 19 0 R >> endobj 19 0 obj << /Length 7041 >> stream 0.000 0.000 0.000 rg 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d BT 34.016 796.469 Td /F1 12.0 Tf [(the writings of Richard Cosin, stressed their practical necessity as a means of countering sedition and )] TJ ET BT 34.016 782.213 Td /F1 12.0 Tf [(defended them by 'announcing the thesis that canon law was constitutionally independent of common law )] TJ ET BT 34.016 767.957 Td /F1 12.0 Tf [(and claim[ing] that the church formed a societas separate from the civil state' \(XIII, 148\).)] TJ ET BT 34.016 741.701 Td /F1 12.0 Tf [(Taking this debate as an illustration of the break-down of the Elizabethan 'mixed polity', Guy argues both )] TJ ET BT 34.016 727.445 Td /F1 12.0 Tf [(that the common law judges were weakly compliant in allowing the churchman their victory, and that the )] TJ ET BT 34.016 713.189 Td /F1 12.0 Tf [(1590s marked the start of a high road to the jure divino policies of Laud that were such a divisive feature in )] TJ ET BT 34.016 698.933 Td /F1 12.0 Tf [(the years leading to outbreak of the Civil War. Inspired by the passionate rhetoric of Beale and Morice, Guy )] TJ ET BT 34.016 684.677 Td /F1 12.0 Tf [(might be accused of drawing the ideological lines more clearly than contemporaries, faced by religious )] TJ ET BT 34.016 670.421 Td /F1 12.0 Tf [(controversy and a long period of war, would have been able to do, but if anything, in this paper he may )] TJ ET BT 34.016 656.165 Td /F1 12.0 Tf [(uncharacteristically have failed to develop the implications as far as they can go. He could, for instance, )] TJ ET BT 34.016 641.909 Td /F1 12.0 Tf [(have pointed out that the most authoritative report of the critical test case of the deprived minister, Robert )] TJ ET BT 34.016 627.653 Td /F1 12.0 Tf [(Caudry, was published in 1604 by Sir Edward Coke, and in this report Coke gives a notable history lesson )] TJ ET BT 34.016 613.397 Td /F1 12.0 Tf [(that aimed to demonstrate to his fellow subjects the ancient subordination of the ecclesiastical jurisdiction to )] TJ ET BT 34.016 599.141 Td /F1 12.0 Tf [(that of the king, king in parliament and the common law in a manner that is highly reminiscent of the views )] TJ ET BT 34.016 584.885 Td /F1 12.0 Tf [(of James Morice \(who had acted as legal counsel for Caudry\). Furthermore, as the older works of R. G. )] TJ ET BT 34.016 570.629 Td /F1 12.0 Tf [(Usher and Stuart Babbage show in great detail, controversy between the common law judges and the bishops )] TJ ET BT 34.016 556.373 Td /F1 12.0 Tf [(over the relationship between the common law and the ecclesiastical courts was an important feature of the )] TJ ET BT 34.016 542.117 Td /F1 12.0 Tf [(politics and political thought of the reign of James I that has been unduly neglected in most modern )] TJ ET BT 34.016 527.861 Td /F1 12.0 Tf [(historiography of the period. In fact, this reviewer would go so far as to suggest that the concept of the )] TJ ET BT 34.016 513.605 Td /F1 12.0 Tf [('ancient constitution', which is so often used and abused in discussions of Coke's thought, should be seen )] TJ ET BT 34.016 499.349 Td /F1 12.0 Tf [(very largely as the offspring of these disputes.)] TJ ET BT 34.016 473.093 Td /F1 12.0 Tf [(Having said that, in 'The Origins of the Petition of Right [of 1628] Reconsidered', the final essay in this )] TJ ET BT 34.016 458.837 Td /F1 12.0 Tf [(collection, and also the one that has probably been most widely quoted by other historians, Professor Guy )] TJ ET BT 34.016 444.581 Td /F1 12.0 Tf [(does show how questions about the relationship between king, law, and parliament, which he would trace )] TJ ET BT 34.016 430.325 Td /F1 12.0 Tf [(back to the 1530s, remained prominent in early Stuart politics. Focusing on the parliamentary reaction to the )] TJ ET BT 34.016 416.069 Td /F1 12.0 Tf [(decision by the King's Bench judges to refuse bail to the Five Knights who were imprisoned by order of )] TJ ET BT 34.016 401.813 Td /F1 12.0 Tf [(Charles I for objecting to the Forced Loan of 1626-27, Guy argues that the agitation leading to the passage )] TJ ET BT 34.016 387.557 Td /F1 12.0 Tf [(of the Petition of Right was caused primarily by John Selden's allegation that Attorney General Heath, on )] TJ ET BT 34.016 373.301 Td /F1 12.0 Tf [(orders from the king, intended to enrol a form of judgment in the court record that would have made a )] TJ ET BT 34.016 359.045 Td /F1 12.0 Tf [(binding precedent in favour of the royal prerogative even though the judges themselves expressly forbade )] TJ ET BT 34.016 344.789 Td /F1 12.0 Tf [(him from doing so. Mark Kishlansky has recently questioned this aspect of Guy's contention in great detail, )] TJ ET BT 34.016 330.533 Td /F1 12.0 Tf [(and at a more general level, while Guy suggested that the lawyers in parliament were attempting employ )] TJ ET BT 34.016 316.277 Td /F1 12.0 Tf [(Magna Carta and the concept of due process of law in order to defend the subject against a further extension )] TJ ET BT 34.016 302.021 Td /F1 12.0 Tf [(of the arbitrary power by the crown, Kishlansky sees them participating in a short-term campaign against the )] TJ ET BT 34.016 287.765 Td /F1 12.0 Tf [(Duke of Buckingham that led by accident to an innovative encroachment on the rights of the crown and the )] TJ ET BT 34.016 273.509 Td /F1 12.0 Tf [(ability of the king to govern in a difficult situation.)] TJ ET 0.000 0.000 0.800 rg BT 278.012 273.509 Td /F1 12.0 Tf [(\(1\))] TJ ET 0.000 0.000 0.800 RG 0.24 w 0 J [ ] 0 d 278.012 272.115 m 292.004 272.115 l S 0.000 0.000 0.000 rg BT 34.016 247.253 Td /F1 12.0 Tf [(Kishlansky may just have the better of the argument in terms of his refutation of any felonious intent on the )] TJ ET BT 34.016 232.997 Td /F1 12.0 Tf [(part of Sir Robert Heath to alter the court record, but the evidence is complex and to some degree )] TJ ET BT 34.016 218.741 Td /F1 12.0 Tf [(inconclusive. Given the circumstances of the period, which included the dismissal of Chief Justice Randle )] TJ ET BT 34.016 204.485 Td /F1 12.0 Tf [(Crew for refusing to endorse the legality of the loan itself, Guy may, even if for the wrong reasons, more )] TJ ET BT 34.016 190.229 Td /F1 12.0 Tf [(accurately capture the political atmosphere. In any case there is certainly something to be said for following )] TJ ET BT 34.016 175.973 Td /F1 12.0 Tf [(the lead of Guy's preface and seeing this episode as another instance in the on-going Tudor and Stuart )] TJ ET BT 34.016 161.717 Td /F1 12.0 Tf [(struggle between 'ascending' and 'descending' conceptions of political authority.)] TJ ET BT 34.016 135.461 Td /F1 12.0 Tf [(The fact that these essays makes us think hard about particular personalities and events, while at the same )] TJ ET BT 34.016 121.205 Td /F1 12.0 Tf [(time offering an overall vision of the high politics of the century between the break from Rome and the )] TJ ET BT 34.016 106.949 Td /F1 12.0 Tf [(outbreak of the civil war, is proof enough of their value.)] TJ ET BT 34.016 72.051 Td /F3 18.0 Tf [(Notes)] TJ ET endstream endobj 20 0 obj [18 0 R /Fit] endobj 21 0 obj << /Type /Annot /Subtype /Link /A 22 0 R /Border [0 0 0] /H /I /Rect [ 278.0117 272.4295 292.0037 284.3095 ] >> endobj 22 0 obj << /Type /Action >> endobj 23 0 obj << /Type /Page /Parent 3 0 R /Annots [ 25 0 R 27 0 R ] /Contents 24 0 R >> endobj 24 0 obj << /Length 1358 >> stream 0.000 0.000 0.000 rg 0.000 0.000 0.800 RG 0.24 w 0 J [ ] 0 d BT 48.816 796.474 Td /F1 12.0 Tf [(1.)] TJ ET BT 64.016 796.469 Td /F1 12.0 Tf [(M. Kishlansky, 'Tyranny Denied: Charles I, Attorney General Heath, and the Five Knights' Case',)] TJ ET BT 64.016 782.213 Td /F2 12.0 Tf [(Historical Journal)] TJ ET BT 153.020 782.213 Td /F1 12.0 Tf [(, 42, 1 \(1999\).)] TJ ET 0.000 0.000 0.800 rg BT 221.012 782.213 Td /F1 12.0 Tf [(Back to \(1\))] TJ ET 0.24 w 0 J [ ] 0 d 221.012 780.819 m 275.000 780.819 l S 0.000 0.000 0.000 rg BT 34.016 755.957 Td /F1 12.0 Tf [(I am most grateful to Christopher Brooks for his generous and thoughtful review, which I pleased to accept.)] TJ ET BT 34.016 729.701 Td /F3 12.0 Tf [(Other reviews:)] TJ ET BT 34.016 715.445 Td /F1 12.0 Tf [([2])] TJ ET 0.502 0.502 0.502 RG 0.75 w 0 J [ ] 0 d 34.391 710.719 526.499 1.500 re S BT 34.016 692.939 Td /F3 12.0 Tf [(Source URL:)] TJ ET 0.000 0.000 0.800 rg BT 104.672 692.939 Td /F1 12.0 Tf [(http://www.history.ac.uk/reviews/review/228)] TJ ET 0.000 0.000 0.800 RG 0.24 w 0 J [ ] 0 d 104.672 691.545 m 322.316 691.545 l S 0.000 0.000 0.000 rg BT 34.016 666.568 Td /F3 12.0 Tf [(Links:)] TJ ET BT 34.016 652.168 Td /F1 12.0 Tf [([1] http://www.history.ac.uk/reviews/item/1269)] TJ ET BT 34.016 637.768 Td /F1 12.0 Tf [([2] http://www.history.ac.uk/reviews)] TJ ET endstream endobj 25 0 obj << /Type /Annot /Subtype /Link /A 26 0 R /Border [0 0 0] /H /I /Rect [ 221.0117 781.1335 274.9997 793.0135 ] >> endobj 26 0 obj << /Type /Action /S /GoTo /D 20 0 R >> endobj 27 0 obj << /Type /Annot /Subtype /Link /A 28 0 R /Border [0 0 0] /H /I /Rect [ 104.6717 691.8595 322.3157 703.7395 ] >> endobj 28 0 obj << /Type /Action /S /URI /URI (http://www.history.ac.uk/reviews/review/228) >> endobj xref 0 29 0000000000 65535 f 0000000008 00000 n 0000000073 00000 n 0000000119 00000 n 0000000349 00000 n 0000000386 00000 n 0000000569 00000 n 0000000651 00000 n 0000005074 00000 n 0000005183 00000 n 0000005293 00000 n 0000005402 00000 n 0000008963 00000 n 0000009091 00000 n 0000009175 00000 n 0000009240 00000 n 0000016827 00000 n 0000016892 00000 n 0000024639 00000 n 0000024723 00000 n 0000031817 00000 n 0000031847 00000 n 0000031975 00000 n 0000032011 00000 n 0000032102 00000 n 0000033513 00000 n 0000033641 00000 n 0000033696 00000 n 0000033824 00000 n trailer << /Size 29 /Root 1 0 R /Info 5 0 R >> startxref 33919 %%EOF