Conscience, Equity and the Court of Chancery in Early Modern England
Conscience, Equity and the Court of Chancery in Early Modern England

Author: Dennis R. Klinck

Publisher: Routledge

Published: 2016-05-23

Total Pages: 328

ISBN-13: 1317161955

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Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Conscience in Early Modern English Literature
Conscience in Early Modern English Literature

Author: Abraham Stoll

Publisher: Cambridge University Press

Published: 2017-10-05

Total Pages: 231

ISBN-13: 110831211X

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Conscience in Early Modern English Literature describes how poetry, theology, and politics intersect in the early modern conscience. In the wake of the Reformation, theologians attempt to understand how the faculty works, poets attempt to capture the experience of being in its grip, and revolutionaries attempt to assert its authority for political action. The result, Abraham Stoll argues, is a dynamic scene of conscience in England, thick with the energies of salvation and subjectivity, and influential in the public sphere of Civil War politics. Stoll explores how Shakespeare, Spenser, Herbert, and Milton stage the inward experience of conscience. He links these poetic scenes to Luther, Calvin, and English Reformation theology. He also demonstrates how they shape the public discourses of conscience in such places as the toleration debates, among Levellers, and in the prose of Hobbes and Milton. In the literature of the early modern conscience, Protestant subjectivity evolves toward the political subject of modern liberalism.

Interpreting Early Modern Europe
Interpreting Early Modern Europe

Author: C. Scott Dixon

Publisher: Routledge

Published: 2019-09-11

Total Pages: 479

ISBN-13: 1000497372

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Interpreting Early Modern Europe is a comprehensive collection of essays on the historiography of the early modern period (circa 1450-1800). Concerned with the principles, priorities, theories, and narratives behind the writing of early modern history, the book places particular emphasis on developments in recent scholarship. Each chapter, written by a prominent historian caught up in the debates, is devoted to the varieties of interpretation relating to a specific theme or field considered integral to understanding the age, providing readers with a ‘behind-the-scenes’ look at how historians have worked, and still work, within these fields. At one level the emphasis is historiographical, with the essays engaged in a direct dialogue with the influential theories, methods, assumptions, and conclusions in each of the fields. At another level the contributions emphasise the historical dimensions of interpretation, providing readers with surveys of the component parts that make up the modern narratives. Supported by extensive bibliographies, primary materials, and appendices with extracts from key secondary debates, Interpreting Early Modern Europe provides a systematic exploration of how historians have shaped the study of the early modern past. It is essential reading for students of early modern history. For a comprehensive overview of the history of early modern Europe see the partnering volume The European World 3ed Edited by Beat Kumin - https://www.routledge.com/The-European-World-15001800-An-Introduction-to-Early-Modern-History/Kuminah2/p/book/9781138119154.

Counsel and Conscience
Counsel and Conscience

Author: Benjamin T. G. Mayes

Publisher: Vandenhoeck & Ruprecht

Published: 2011-08-17

Total Pages: 258

ISBN-13: 3647550272

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In Lutheran Germany of the post-Reformation era (ca. 1580–1750), a genre of pastoral, ethical writings arose that consisted in casuistry and in topically or thematically related theological counsels. In this first volume of the new Refo500 series Mayes shows that this casuistry literature was intended to instruct and comfort the consciences of Christians. Lutheran casuistry, related to but also distinct from Roman Catholic and Reformed counterparts, arose especially as pastors looked within Holy Scripture, the medieval tradition, and the writings of Martin Luther and other Lutheran authorities for answers to ethical problems and doctrinal disputes, and then catalogued their findings. As an extensive example from this genre Mayes examines the Thesaurus Consiliorum Et Decisionum, published in 1671 by Georg Dedekenn and Johann Ernst Gerhard. This Thesaurus was an anthology of wise advice from Lutheran theologians and jurists, published to encourage readers to avoid individualistic ethical choices and instead to engage in an "aristocratic" process of moral decision making in which one would consult the wise men of the past and present. The counsels included in the Thesaurus address inter-confessional disputes, intra-Lutheran disputes, sacraments, church government, pastoral ministry, social ethics, marriage, sexual ethics, and many other topics. The topics of divorce and remarriage, especially, show the different ways in which Lutherans reasoned about moral matters. The author shows that in the Thesaurus the Lutheran casuistry literature, which has been overlooked in most scholarship of the 20th and 21st centuries, was in bloom. It arose to meet the needs of people who had doubts, and it continued to instruct and console Christian consciences for many generations.

Dissimulation and Deceit in Early Modern Europe
Dissimulation and Deceit in Early Modern Europe

Author: Miriam Eliav-Feldon

Publisher: Springer

Published: 2015-09-29

Total Pages: 262

ISBN-13: 1137447494

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In this book, twelve scholars of early modern history analyse various categories and cases of deception and false identity in the age of geographical discoveries and of forced conversions: from two-faced conversos to serial converts, from demoniacs to stigmatics, and from self-appointed ambassadors to lying cosmographer.

Compromise
Compromise

Author: Alin Fumurescu

Publisher: Cambridge University Press

Published: 2013-02-11

Total Pages: 307

ISBN-13: 1139620282

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This book offers for the first time a conceptual history of compromise. Alin Fumurescu combines contextual historical analysis of daily parlance and a survey of the usage of the word from the end of the sixteenth century to the beginning of the eighteenth century in both French and English with an analysis of canonical texts in the history of political thought. This book fills a significant gap in the literature about compromise and demonstrates the connection between different understandings of compromise and corresponding differences in understandings of political representation. In addition, Fumurescu addresses two controversial contemporary debates about when compromise is beneficial and when it should be avoided at all costs. A better understanding of the genealogy of compromise offers new venues for rethinking basic assumptions regarding political representation and the relationship between individuals and politics.

The Oxford Handbook of the Bible in Early Modern England, c. 1530-1700
The Oxford Handbook of the Bible in Early Modern England, c. 1530-1700

Author: Kevin Killeen

Publisher: OUP Oxford

Published: 2015-08-27

Total Pages: 951

ISBN-13: 0191510599

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The Bible was, by any measure, the most important book in early modern England. It preoccupied the scholarship of the era, and suffused the idioms of literature and speech. Political ideas rode on its interpretation and deployed its terms. It was intricately related to the project of natural philosophy. And it was central to daily life at all levels of society from parliamentarian to preacher, from the 'boy that driveth the plough', famously invoked by Tyndale, to women across the social scale. It circulated in texts ranging from elaborate folios to cheap catechisms; it was mediated in numerous forms, as pictures, songs, and embroideries, and as proverbs, commonplaces, and quotations. Bringing together leading scholars from a range of fields, The Oxford Handbook of the Bible in Early Modern England, 1530-1700 explores how the scriptures served as a generative motor for ideas, and a resource for creative and political thought, as well as for domestic and devotional life. Sections tackle the knotty issues of translation, the rich range of early modern biblical scholarship, Bible dissemination and circulation, the changing political uses of the Bible, literary appropriations and responses, and the reception of the text across a range of contexts and media. Where existing scholarship focuses, typically, on Tyndale and the King James Bible of 1611, The Oxford Handbook of the Bible in England, 1530-1700 goes further, tracing the vibrant and shifting landscape of biblical culture in the two centuries following the Reformation.

Calvinists and Catholics During Holland's Golden Age
Calvinists and Catholics During Holland's Golden Age

Author: Christine Kooi

Publisher: Cambridge University Press

Published: 2012-04-30

Total Pages: 257

ISBN-13: 1107023246

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This book examines the social, political, and religious relationships between Calvinists and Catholics during Holland's Golden Age. Although Holland, the largest province of the Dutch Republic, was officially Calvinist, its population was one of the most religiously heterogeneous in early modern Europe. The Catholic Church was officially disestablished in the 1570s, yet by the 1620s Catholicism underwent a revival, flourishing in a semi-clandestine private sphere. The book focuses on how Reformed Protestants dealt with this revived Catholicism, arguing that confessional coexistence between Calvinists and Catholics operated within a number of contiguous and overlapping social, political, and cultural spaces. The result was a paradox: a society that was at once Calvinist and pluralist. Christine Kooi maps the daily interactions between people of different faiths and examines how religious boundaries were negotiated during an era of tumultuous religious change.

The Mental Universe of the English Nonjurors
The Mental Universe of the English Nonjurors

Author: John William Klein

Publisher: Xlibris Corporation

Published: 2021-09-21

Total Pages: 484

ISBN-13: 1664190414

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The Glorious Revolution of 1688, which pushed James II from the throne of England, was not glorious for everyone; in fact, for many, it was a great disaster. Those who had already taken an oath of allegiance to James II and “to his heirs and lawful successors” now pondered how they could take a second oath to William and Mary. Those who initially refused to swear the oaths were called Nonjurors. In 1691, Archbishop Sancroft, eight bishops, and four hundred clergy of the Church of England, as well as a substantial number of scholars at Oxford and Cambridge, were deprived, removed from their offices and their license to practice removed. The loss of this talent to the realm was incalcuable. Ten different paradigms shaped the English Nonjurors’ worldview: Passive Obedience was paramount, the Apostolic Succession essential, a Cyprianist mentality colored everything, they held a conscientious regard for oaths, the Usages Controversy brought Tradition to the fore, printing presses replaced lost pulpits, patronage was a means of protection and proliferation, they lived with a hybridized conception of time, creative women spiritual writers complemented male bishops, and a global ecumenical approach to the Orthodox East was visionary. These ten operated synergistically to create an effective tool for the Nonjurors’ survival and success in their mission. The Nonjurors’ influence, out of all proportion to their size, was due in large measure to this mentality. Their unique circumstances prompted creative thinking, and they were superb in that endeavor. These perspectives constituted the infrastructure of the Nonjurors’ world, and they help us to see the early eighteenth century not only as a time of rapid change, but also as an era of persistent older religious mentalities adapted to new circumstances.

Transnational Catholicism in Tudor England
Transnational Catholicism in Tudor England

Author: Frederick E. Smith

Publisher: Oxford University Press

Published: 2022-08-04

Total Pages: 297

ISBN-13: 0192690825

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Transnational Catholicism in Tudor England details the relationship between transnational mobility and the development of Tudor Catholicism. Almost two hundred Catholics felt compelled to exile themselves from England rather than conform with the religious reformations inaugurated by Henry VIII and Edward VI. Frederick E. Smith explores how these émigrés' physical mobility reconfigured their relationships with the men and women they left behind, and how it forced them to develop new relationships with individuals they encountered abroad. It analyses how the experiences of mobility and displacement catalysed a shift in their religious identities, in some ways broadening but in others narrowing their understandings of what it meant to be 'Catholic'. The author examines the role of these émigrés as agents of religious exchange, circulating new doctrinal and devotional ideas throughout western Europe and forging new connections between them. By focussing particularly upon those individuals who subsequently returned to their homeland during Mary I's Catholic counter-reformation, the study also explores the lasting legacies of these émigrés' displacement and mobility, both for the émigrés themselves as they grappled with the difficulties of re-integration, but also for the broader development of English Catholicism. In this way, Transnational Catholicism in Tudor England deepens our understanding of the complex and sometimes contradictory ways in which exile shapes religio-political identities, but also underlines the importance of international mobility as a crucial factor in the development of English Catholicism and the wider European Catholic Church over the mid sixteenth century.