Tracing the history of growth and then the slow disappearance of English law and social regulation.

The Oxford History of Anglicanism is a major new and unprecedented international study of the identity and historical influence of one of the world's largest versions of Christianity. This global study of Anglicanism from the sixteenth century looks at how was Anglican identity constructed and contested at various periods since the sixteenth century; and what was its historical influence during the past six centuries. It explores not just the ecclesiastical and theological aspects of global Anglicanism, but also the political, social, economic, and cultural influences of this form of Christianity that has been historically significant in western culture, and a burgeoning force in non-western societies today. The chapters are written by international experts in their various historical fields which includes the most recent research in their areas, as well as original research. The series forms an invaluable reference for both scholars and interested non-specialists. Volume one of The Oxford History of Anglicanism examines a period when the nature of 'Anglicanism' was still heavily contested. Rather than merely tracing the emergence of trends that we associate with later Anglicanism, the contributors instead discuss the fluid and contested nature of the Church of England's religious identity in these years, and the different claims to what should count as 'Anglican' orthodoxy. After the introduction and narrative chapters explain the historical background, individual chapters then analyse different understandings of the early church and church history; variant readings of the meaning of the royal supremacy, the role of bishops and canon law, and cathedrals; the very diverse experiences of religion in parishes, styles of worship and piety, church decoration, and Bible usage; and the competing claims to 'Anglican' orthodoxy of puritanism, 'avant-garde conformity' and Laudianism. Also analysed are arguments over the Church of England's confessional identity and its links with the foreign Reformed Churches, and the alternative models provided by English Protestant activities in Ireland, Scotland and North America. The reforms of the 1640s and 1650s are included in their own right, and the volume concludes that the shape of the Restoration that emerged was far from inevitable, or expressive of a settled 'Anglican' identity.

This Handbook triangulates the disciplines of history, legal history, and literature to produce a new, interdisciplinary framework for the study of early modern England. Scholars of early modern English literature and history have increasingly found that an understanding of how people in the past thought about and used the law is key to understanding early modern familial and social relations as well as important aspects of the political revolution and the emergence of capitalism. Judicial or forensic rhetoric has been shown to foster new habits of literary composition (poetry and drama) and new processes of fact-finding and evidence evaluation. In addition, the post-Reformation jurisdictional dominance of the common law produced new ways of drawing the boundaries between private conscience and public accountability. Accordingly, historians, critics, and legal historians come together in this Handbook to develop accounts of the past that are attentive to the legally purposeful or fictional shaping of events in the historical archive. They also contribute to a transformation of our understanding of the place of forensic modes of inquiry in the creation of imaginative fiction and drama. Chapters in the Handbook approach, from a diversity of perspectives, topics including forensic rhetoric, humanist and legal education, Inns of Court revels, drama, poetry, emblem books, marriage and divorce, witchcraft, contract, property, imagination, oaths, evidence, community, local government, legal reform, libel, censorship, authorship, torture, slavery, liberty, due process, the nation state, colonialism, and empire.

The book explores the rise of civil divorce in Victorian England, the subsequent operation of a fault system of divorce based solely on the ground of adultery, and the eventual piecemeal repeal of the Victorian-era divorce law during the Interwar years. The legal history of the Matrimonial Causes Act 1857 is at the heart of the book. The Act had a transformative impact on English law and society by introducing a secular judicial system of civil divorce. This swept aside the old system of divorce that was only obtainable from the House of Lords and inadvertently led to the creation of the modern family justice system. The book argues that only through understanding the legal doctrine in its wider cultural, political, religious, and social context is it possible to fully analyse and assess the changes brought about by the Act. The major developments included the end of any pretence of the indissolubility of marriage, the statutory enshrinement of a double standard based on gender in the grounds for divorce, and the growth of divorce across all spectrums of English society. The Act was a product of political and legal compromise between conservative forces resisting the legal introduction of civil divorce and the reformers, who demanded married women receive equal access to the grounds of divorce. Changing attitudes towards divorce that began in the Edwardian period led to a gradual rejection of Victorian moral values and the repeal of the Act after 80 years of existence in the Interwar years. The book will be a valuable resource for academics and researchers with an interest in legal history, family law, and Victorian studies.

Discipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church. The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history. .

Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon laws and also from manuscripts found in local archives, R. H. Helmholz brings together previously published work and new evidence about the professional careers of these men. His book covers the careers of many lesser known ecclesiastical lawyers, dealing with their education in law, their reaction to the coming of the Reformation, and their relationship with English common lawyers on the eve of the Civil War. Making connections with the European ius commune, this volume will be of special interest to English and Continental legal historians, as well as to students of the relationship between law and religion.

A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.