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The Researsh Of The Court Of High Commission In England

Posted on:2023-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:D DuanFull Text:PDF
GTID:2555307037971969Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Court of High Commission,formerly the Council of Religion established by Henry VIII,developed under Edward VI and Mary I and became a permanent court in the Elizabethan era.There was much debate about the tribunal,which some saw as a representative of oppression and despotism,while others saw its broad jurisdiction and unique procedures as the best remedy available to prosecutors at the time.Therefore,the focus of this paper is to explore what kind of the Court of High Commission is,which is divided into four parts:The first part is the introduction,which mainly introduces the reasons for writing the paper and thinking about the problems,including the research value,literature review,the structure of the paper and the lack of innovation.The second part is the background of The Times.In the 1530 s,the Religious Reformation in England began with the marriage of Henry VIII.This religious reform established the political structure of "the supremacy of kingship",and touched the judicial system,tax system,clerical profession,religious liturgy and so on.The Court of High Commission was born when the sovereign delegated his power to the ecclesiastical realm.The High Commission of Religion was born in such a complex background,with both ecclesiastical and secular influences.Therefore,this part mainly discusses the background of the birth of the Higher Commission of Religion from the church and secular aspects.The third part includes chapter two,chapter three and chapter four.Chapter two is an overview of the early stage of the High Commission of Religion,mainly discussing the development of the High Commission of Religion since its establishment and what its main work is in this period.Chapter three is the court stage of the Court of High Commission.This chapter is divided into two parts.The first part mainly discusses how a temporary religious inspection agency gradually formed the durability and vitality of the system,so as to complete the transformation to a permanent court.The second part mainly discusses the jurisdiction and procedure of the Court of High Commission after it became a court,that is,from 1580 to 1611.Chapter four is the systematic opposition to the Court of High Commission.Since the birth of the Court of High Commission to safeguard the supremacy of the crown,it is bound to attract all kinds of opposition,but we should not confuse the early opposition to the council and its religious inspection power with the systematic opposition to the jurisdiction or procedure of the court of the Court of High Commission based on legal reasons.This chapter deals with the second case,that of systematic objections to the procedure and jurisdiction of the Court of the High Commission,both Puritan and common law.This chapter is divided into three parts,the first part is the Puritan opposition to the Court of High Commission;The second part is the opposition of the common law judge to the Court of High Commission.The third part is about the jurisdiction and procedure of the Court of High Commission of Religion from 1611 to 1641.The changes in the jurisdiction and procedure of the Court during this period can be said to be the result of attacks by puritans and common law judges.The fourth part is the conclusion.In 1641,the High Council of Religion was permanently abolished and branded "illegal",but throughout its life,this conclusion seems inappropriate.This part mainly explores the true face of the Court of The High Council of Religion in the context of the expansion of royal power in England in the16 th and 17 th centuries,The conclusion of this paper is that the Court of High Commission is not as autocratic and reactionary as the traditional view.On the contrary,as one of the privileged courts at that time,it accords with the historical background of that time and was favored by the prosecutors at that time.
Keywords/Search Tags:The Court of High Commission, The Common law, Church law, Kingship, Religious reform
PDF Full Text Request
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