2004
DOI: 10.1017/s0018246x0400384x
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THE ENGLISH INQUISITION: CONSTITUTIONAL CONFLICT AND ECCLESIASTICAL LAW IN THE 1590s

Abstract: This article examines the relationship between religious debate and constitutional conflict in the 1590s, focusing on the status of ecclesiastical law and the right of the church courts to impose ex officio oaths upon English subjects. It argues that Richard Cosin, a client of Archbishop Whitgift and the leading apologist for the government's use of ex officio oaths, used the issue to make a series of aggressive and controversial assertions of state power. These theoretical claims did not involve sovereignty o… Show more

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Cited by 37 publications
(4 citation statements)
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“…In response, the Crown forged explicit links between the stability of the church and that of the realm: dissident Protestants were harried by church courts such as High Commission, parishes were subject to regular episcopal visitations, and Catholics were constrained by punitive acts and oaths. 9 While Elizabeth claimed no desire to make windows into men's souls, and James affected the image of a peaceful unifier of Protestants, each regime nevertheless used legal means to defend the (disputed) orthodoxy of the Church and, by extension, the authority of the Crown. 10 The extent to which the origins of the civil war can be traced back into the late 16th and early 17th centuries remains an open question among historians.…”
Section: What Was Political About Religion?mentioning
confidence: 99%
“…In response, the Crown forged explicit links between the stability of the church and that of the realm: dissident Protestants were harried by church courts such as High Commission, parishes were subject to regular episcopal visitations, and Catholics were constrained by punitive acts and oaths. 9 While Elizabeth claimed no desire to make windows into men's souls, and James affected the image of a peaceful unifier of Protestants, each regime nevertheless used legal means to defend the (disputed) orthodoxy of the Church and, by extension, the authority of the Crown. 10 The extent to which the origins of the civil war can be traced back into the late 16th and early 17th centuries remains an open question among historians.…”
Section: What Was Political About Religion?mentioning
confidence: 99%
“…On appeal, the judges in queen's bench upheld the queen's 'imperial' authority as supreme governor to empower that prerogative court; since 'by the ancient laws of this realm this kingdom of England is an absolute empire and monarchy'. 19 In what I have called the nasty nineties, there was a declared war against terror, aimed at puritan extremists who were allegedly prepared to use violence to achieve their ends; a war, to be sure, mostly of words, although there were three barely legal executions. 20 Let us return to the question of confessionalization.…”
mentioning
confidence: 99%
“…What was appropriate for the church was the mixed government described by Aristotle: 'For, in respect of Christ the head, it is a monarchy; and in respect of the ancients and pastors that govern in common and with like authority amongst themselves, it is an aristocracy, or the rule of the best men; and in respect that the people are not secluded but have their interest in churchmatters, it is a democracy, or a popular estate.' 19 In what I have called the nasty nineties, there was a declared war against terror, aimed at puritan extremists who were allegedly prepared to use violence to achieve their ends; a war, to be sure, mostly of words, although there were three barely legal executions. Whitgift's response was to say that he knew all about the theory of mixed government, but since the buck stopped with the queen, England was without limitation a monarchy.…”
mentioning
confidence: 99%