Am Jur Summary

------------------------------------------------- English Prologue * * Stuart Theory of the Divine Right of female monarchs What is the issue of the Kings royal prerogative? * James I uprightness is divinely inspired savvy, applied putting shape up sense, and the King is reason * relies on Bible King is deitys 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 fairness is artificial reason * relies on common law as the source of authority * unlimited, arbitrary force out is inappropriate 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) non be under man, but he must be under God and the law. * secular representative (held every study political and legal position, CJ of Common Pleas) * believed that Court of eminent consignment (ecclesiastical coquet) was overextending its jurisdiction beyond church calculates and encroaching on rank matters Fullers Case * challenge to Kings tourist courts v.

Court of Common Pleas * lawyer Fullers clients remonstrance to repulse oath ex officio which asks nonconformists about religious beliefs and finds them walk out an oath of truth, Fuller says forces people to condemn themselves * ecclesiasti cal court says that an attorney who insults ! bishops commits an ecclesiastical crime * Coke aruged that this is a rate 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 worship in public, bishops must publish * James II is toilsome to send message of religious freedom (and make Catholics safer) * business of Catholic...If you want to get a full essay, indian sojourn it on our website: OrderCustomPaper.com

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