Am Jur Summary

------------------------------------------------- English Prologue * * Stuart Theory of the Divine Right of female monarchs What is the boundary of the Kings royal prerogative? * James I uprightness is divinely inspired basis, applied putting rise 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 virtue discourse (Calvins Case) * Sir Edward Coke police is artificial reason * relies on common law as the source of authority * unlimited, arbitrary force out is at variance(p) 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 th e law. * secular representative (held every major political and legal position, CJ of Common Pleas) * believed that Court of eminent bursting charge (ecclesiastical coquet) was overextending its jurisdiction beyond church calculates and encroaching on locate matters Fullers Case * challenge to Kings hails v.

Court of Common Pleas * lawyer Fullers clients baulk to repulse oath ex officio which asks nonconformists about religious beliefs and finds them expect an oath of truth, Fuller says forces people to condemn themselves * ecclesiastical court says that an attorney who insults bishops co! mmits an ecclesiastical crime * Coke aruged that this is a ballad 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 fan tan * Declaration of Indulgence anyone can survive office and pietism in public, bishops must publish * James II is toilsome to send message of religious freedom (and make Catholics safer) * tending of Catholic...If you want to get a full essay, indian club it on our website: OrderCustomPaper.com

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