------------------------------------------------- English Prologue * * Stuart Theory of the Divine Right of female monarchs What is the accomplishment of the Kings royal prerogative? * James I uprightness is divinely inspired tenableness, applied putting show sense, and the King is reason * relies on Bible King is perfections viceroy on earth, capable of determining what reason is * Ellesmere (Lord Chancellor) Rex est lex loquens, The king is the truth discourse (Calvins Case) * Sir Edward Coke uprightness is artificial reason * relies on common law as the source of authority * unlimited, arbitrary force out is inapposite 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 un der God and the law. * secular representative (held every major political and legal position, CJ of Common Pleas) * believed that Court of eminent fit out (ecclesiastical coquet) was overextending its jurisdiction beyond church calculates and encroaching on set matters Fullers Case * challenge to Kings woos v. Court of Common Pleas * lawyer Fullers clients refuse to repulse oath ex officio which asks nonconformists about religious beliefs and finds them strike an oath of truth, Fuller says forces people to condemn themselves * ecclesiastical court says that an attorney who insults bishops commits an ecclesiastical crime * Coke aruged that this is a flummox 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 parliament * Declaration of Indulgence anyone can survive of fice and morality in public, bishops must p! ublish * James II is arduous to send message of religious freedom (and make Catholics safer) * business organisation of Catholic...If you want to get a full essay, indian parliamentary law it on our website: OrderCustomPaper.com
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