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The crown, persuasion and lordship
Philippa Byrne

beyond the individual judge’s probity and virtue, and into concerns about how judicial persuasion and the inappropriate application of pardon or punishment could damage the political community. In this chapter, the earthly stakes are high. Mercy: politic, political and rhetorical choices As seen in the previous chapter, in the letters of Gilbert Foliot and Adam Marsh, mercy was a thing to be asked for, to be considered by the judge, but not always a thing to be given. Argument and persuasion could be used to advance justice

in Justice and mercy
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Church polity and politics in the British Atlantic world, c. 1635–66
Elliot Vernon

a strong effect on politics more narrowly defined as the institutions and ideas constitutive of the political community. Many of the debates on the subject from the 1630s to the 1660s were triggered by forceful conversations on how to prevent the church from being used as a naked political tool of kings and magistrates, or, conversely, to prevent the clergy from establishing a separate sphere of authority.4 In addressing the relationship of church polity to political power, the belligerents in the mid-seventeenth-century British Atlantic world also sought to

in Church polity and politics in the British Atlantic world, c. 1635–66
The twentieth-century debate
Rosemary O’Day

was the occasion for the Reformation, then the Reformation itself was, in Pollard’s eyes, a manifestation of rising nationalism – a concern shared, not by the monarch alone, but also by his people and, especially, his Parliament. The Church in England had hitherto been a semi-independent part of the political community – semi-national, semi-universal; it owed one sort of fealty to the universal pope, and another to the national king. The rising spirit of nationality could brook no divided allegiance and the universal gave way to the national idea. There was to be no

in The Debate on the English Reformation
The first child-witch in Rothenburg, 1587
Alison Rowlands

taken leave of one another that night amicably. Matters went differently the next night, however, as the Hilgartshausen Gemeinde – all the male household heads, constituting the formal political community of the village – were gathered in the tavern for a communal drinking session. At the end of the evening Dolman had woken Stoll and told him that he should be helping to organise the settling of the bill. Stoll had reacted angrily, and possibly drunkenly, to this implied dereliction of duty, and accused Dolman of having called his wife a witch the night before. Dolman

in Witchcraft narratives in Germany
Interaction with republicans
Brian Heffernan

WHERE THEY SHOULDN’T 83 assumes that Ireland is not a nation, a complete political community, with all the rights, powers and functions consequent thereon. He assumes that there is no such thing as an Irish government and an Irish army, that the English invaders have a moral right in this country. Furthermore, he implies that we, as an organised nation, have no right of self-­defence, no right after an order of murder, arson and robbery, to strike back the criminals who are attacking us.71 Cohalan responded vigorously. In a pastoral letter issued five days later, on

in Freedom and the Fifth Commandment
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Moral theology and the exercise of law in twelfth-century England
Series: Artes Liberales

This book addresses one of the most acute moral and political dilemmas of the twelfth century: how did a judge determine how to punish an offender, and what was the purpose of such punishment? It examines how English judges weighed a choice which, if made wrongly, could endanger both the political community and their own souls. That choice was between two ideas which twelfth-century intellectual and legal thought understood as irreconcilable opposites: justice and mercy. By examining the moral pressures on English judges, Justice and Mercy provides a new way into medieval legal culture: rather than looking at the laws that judges applied, it reconstructs the moral world of the judges themselves. The book offers a fresh synthesis of the disciplines of intellectual history and legal history, examining theological commentaries, moral treatises, letters, sermons and chronicles in order to put the creation of the English common law into its moral context. This broad vision brings to light the shared language of justice and mercy, an idea which dominated twelfth-century discourse and had the potential to polarise political opinion. Justice and Mercy challenges many of the prevailing narratives surrounding the common law, suggesting that judges in church courts and royal courts looked strikingly similar, and that English judges had more in common with their continental counterparts than is often assumed.

1 Peter 2.9 and the Franks
Gerda Heydemann

religious, ethnic and political meanings provided an opportunity to negotiate the relationship between Christian and political communities, and to argue either for their convergence or for their necessary distinction. By the fifth century, Christians had ceased to be a distinct minority in many communities, and the question arose to what extent a Christian populus was, or should be, coextensive to cities, ethnic groups, kingdoms or empires.22 Augustine described the inescapable tension that lay beneath these seeming equations. No state, people or city could hope for

in Religious Franks
Abstract only
Philippa Byrne

laissez-faire attitude to justice), but the language used to describe judges and the analytical approach was rooted in a common language, traceable to a scholastic tradition. There was also a ‘crisis’, in the sense that there was considerable uncertainty, both personal and political, about how judgment was rightly and virtuously to be exercised. Judgment – and the choice of how to treat an offender – had implications both for the judge’s own soul and for the political community. Mercy cut both ways. The stakes were high. This sense of anxiety is

in Justice and mercy
Abstract only
Tom Betteridge

of the polity. Its stated aim is to provoke its readers to political debate centred on the discussion of the merits of the English commonwealth. In both texts an ideal political community is imagined that is coterminous with the text’s ideal readership and in neither could the Queen conceivably be a member. This does not make either The Shepheardes Calender or De Republica Anglorum an anti-monarchical work. Or perhaps more accurately it does not make them texts opposing Elizabeth. This would be a bizarre claim, given Smith’s description of Elizabeth as noble and

in Literature and politics in the English Reformation
The Henrician Reformation
Tom Betteridge

. His fury places him outside the pale of The Governour’s political community. At the same time the reference to Ovid’s work suggests that Elyot’s tyrant is similar, if not identical, to the malicious, malign and wilful reader against whom Elyot protested in The Governour’s Proheme. Elyot’s political agenda in The Governour can be summed up as an attempt to protect the commonwealth from malicious readers and tyrants. This is a reflection of The Governour’s humanism but also of its place within a tradition of English political writing.34 Elyot’s detailed discussions of

in Literature and politics in the English Reformation