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145-763: The Court of Chancery was a court which exercised equitable jurisdiction in Ireland until its abolition as part of the reform of the court system in 1877. It was the court in which the Lord Chancellor of Ireland presided. Its final sitting place was at the Four Courts in Dublin , which still stands. The Chancery in Ireland was set up in 1232 , following the model of the Court of Chancery of England. The court

290-546: A statutory power , but can deal with situations where the law is silent, or where there is an omission in statute. Such an omission is sometimes termed a casus improvisus . In India the common law doctrine of equity had traditionally been followed even after it became independent in 1947. However, in 1963 the Specific Relief Act was passed by the Parliament of India following the recommendation of

435-631: A Catholic aristocrat exiled to Spain and secretary to King Philip II. Three letters exist today describing the interview, detailing what Arthur proclaimed to be the story of his life, from birth in the royal palace to the time of his arrival in Spain. However, this failed to convince the Spaniards: Englefield admitted to King Philip that Arthur's "claim at present amounts to nothing", but suggested that "he should not be allowed to get away, but [...] kept very secure." The King agreed, and Arthur

580-410: A body politic to govern, so shall I desire you all ... to be assistant to me, that I with my ruling and you with your service may make a good account to Almighty God and leave some comfort to our posterity on earth. I mean to direct all my actions by good advice and counsel. As her triumphal progress wound through the city on the eve of the coronation ceremony , she was welcomed wholeheartedly by

725-410: A disproportionate number of multi-state corporations) are decided; Mississippi ; and Tennessee . However, merger in some states is less than complete; some other states (such as Illinois and New Jersey ) have separate divisions for legal and equitable matters in a single court. Virginia had separate law and equity dockets (in the same court) until 2006. Besides corporate law , which developed out of

870-420: A distinct part of the law of England and Wales . The main challenge to it has come from academic writers working within the law of unjust enrichment . Scholars such as Peter Birks and Andrew Burrows argue that in many cases the inclusion of the label "legal" or "equitable" before a substantive rule is often unnecessary. Many English universities, such as Oxford and Cambridge , continue to teach Equity as

1015-578: A legal remedy, the plaintiff's only option would be to petition the King. Litigants began to seek relief against unfair judgments of the common law courts by petitioning the King. Such petitions were initially processed by the King's Council, which itself was quite overworked, and the Council began to delegate the hearing of such petitions to the Lord Chancellor. This delegation is often justified by

1160-442: A matter of course) which later became known as writs ex debito justitiae (as a matter of right). Each of these writs was associated with particular circumstances and led to a particular kind of judgment. Procedure in the common law courts became tightly focused on the form of action (the particular procedure authorized by a particular writ to enforce a particular substantive right), rather than what modern lawyers would now call

1305-550: A measure, know what to trust to; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot, a Chancellor's foot; what an uncertain measure would this be? One Chancellor has a long foot, another a short foot, a third an indifferent foot: 'tis the same thing in a Chancellor's conscience. After 1660, Chancery cases were regularly reported, several equitable doctrines developed, and equity started to evolve into

1450-600: A queen, having reigned such a time, lived and died a virgin". Later on, poets and writers took up the theme and developed an iconography that exalted Elizabeth. Public tributes to the Virgin by 1578 acted as a coded assertion of opposition to the queen's marriage negotiations with the Duke of Alençon. Ultimately, Elizabeth would insist she was married to her kingdom and subjects, under divine protection. In 1599, she spoke of "all my husbands, my good people". This claim of virginity

1595-583: A result, the Parliament of 1559 started to legislate for a church based on the Protestant settlement of Edward VI , with the monarch as its head, but with many Catholic elements, such as vestments . The House of Commons backed the proposals strongly, but the bill of supremacy met opposition in the House of Lords , particularly from the bishops. Elizabeth was fortunate that many bishoprics were vacant at

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1740-458: A short-tempered, sometimes indecisive ruler, who enjoyed more than her fair share of luck. Towards the end of her reign, a series of economic and military problems weakened her popularity. Elizabeth is acknowledged as a charismatic performer ("Gloriana") and a dogged survivor ("Good Queen Bess") in an era when government was ramshackle and limited, and when monarchs in neighbouring countries faced internal problems that jeopardised their thrones. After

1885-481: A silver breastplate over a white velvet dress, she addressed them in her Speech to the Troops at Tilbury : My loving people, we have been persuaded by some that are careful of our safety, to take heed how we commit ourself to armed multitudes for fear of treachery; but I assure you, I do not desire to live to distrust my faithful and loving people ... I know I have the body but of a weak and feeble woman, but I have

2030-593: A single body of law known as the law of unjust enrichment . After the Norman Conquest of England in the 11th century, royal justice came to be administered in three central courts: the Court of King's Bench , the Court of Common Pleas , and the Exchequer . The common law developed in these royal courts, which were created by the authority of the King of England , and whose jurisdiction over disputes between

2175-417: A sort broken our commandment in a cause that so greatly touches us in honour ... And therefore our express pleasure and commandment is that, all delays and excuses laid apart, you do presently upon the duty of your allegiance obey and fulfill whatsoever the bearer hereof shall direct you to do in our name. Whereof fail you not, as you will answer the contrary at your utmost peril. Elizabeth's "commandment"

2320-527: A special system of courts". For much of its history, the English common law was principally developed and administered in the central royal courts: the Court of King's Bench , the Court of Common Pleas , and the Exchequer . Equity was the name given to the law which was administered in the Court of Chancery . The Judicature Acts of the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation. The reforms did not fuse

2465-480: A standalone subject. Leading practitioner texts include Snell's Equity , Lewin on Trusts , and Hayton & Underhill's Law of Trusts and Trustees . Limits on the power of equity in English law were clarified by the House of Lords in The Scaptrade case ( Scandinavian Trading Tanker Co. A.B. v Flota Petrolera Ecuatoriana [1983] 2 AC 694, 700), where the notion that the court's jurisdiction to grant relief

2610-653: A sympathetic teacher who believed that learning should be engaging. Current knowledge of Elizabeth's schooling and precocity comes largely from Ascham's memoirs. By the time her formal education ended in 1550, Elizabeth was one of the best educated women of her generation. At the end of her life, she was believed to speak the Welsh , Cornish , Scottish , and Irish languages in addition to those mentioned above. The Venetian ambassador stated in 1603 that she "possessed [these] languages so thoroughly that each appeared to be her native tongue". Historian Mark Stoyle suggests that she

2755-499: A system of precedents like its common law cousin. Over time, equity jurisprudence would gradually become a "body of equitable law, as complex, doctrinal, and rule-haunted as the common law ever was". One indicator of equity's evolution into a coherent body of law was Lord Eldon 's response to Selden in an 1818 chancery case: "I cannot agree that the doctrines of this court are to be changed with every succeeding judge. Nothing would inflict on me greater pain, in quitting this place, than

2900-528: A talented and skilful tutor, she also progressed in French and Greek. By the age of 12, she was able to translate her stepmother Catherine Parr 's religious work Prayers or Meditations from English into Italian, Latin, and French, which she presented to her father as a New Year's gift. From her teenage years and throughout her life, she translated works in Latin and Greek by numerous classical authors, including

3045-452: A thousand pieces". However, after Parr discovered the pair in an embrace, she ended this state of affairs. In May 1548, Elizabeth was sent away. Thomas Seymour nevertheless continued scheming to control the royal family and tried to have himself appointed the governor of the King's person. When Parr died after childbirth on 5 September 1548, he renewed his attentions towards Elizabeth, intent on marrying her. Her governess Kat Ashley , who

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3190-458: Is considered legal, and a jury is available as the fact-finder. On the other hand, if the plaintiff requests an injunction , declaratory judgment , specific performance , modification of contract, or some other non-monetary relief, the claim would usually be one in equity. Thomas Jefferson explained in 1785 that there are three main limitations on the power of a court of equity : "If the legislature means to enact an injustice, however palpable,

3335-526: Is guaranteed by the Seventh Amendment in Suits at common law , cases that traditionally would have been handled by the law courts. The question of whether a case should be determined by a jury depends largely on the type of relief the plaintiff requests. If a plaintiff requests damages in the form of money or certain other forms of relief, such as the return of a specific item of property, the remedy

3480-537: Is guilty". Seymour was beheaded on 20 March 1549. Edward VI died on 6 July 1553, aged 15. His will ignored the Succession to the Crown Act 1543 , excluded both Mary and Elizabeth from the succession, and instead declared as his heir Lady Jane Grey, granddaughter of Henry VIII's younger sister Mary Tudor, Queen of France . Jane was proclaimed queen by the privy council , but her support quickly crumbled, and she

3625-447: Is in practical terms more valuable to a litigant; for example, a plaintiff whose neighbor will not return his only milk cow, which had wandered onto the neighbor's property, may want that particular cow back, not just its monetary value. However, in general, a litigant cannot obtain equitable relief unless there is "no adequate remedy at law"; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for

3770-549: Is not a matter of absolute right to either party; it is a matter resting in the discretion of the court, to be exercised upon a consideration of all the circumstances of each particular case." Willard v. Tayloe was for many years the leading case in contract law regarding intent and enforcement. as well as equity. In the United States, the federal courts and most state courts have merged law and equity into courts of general jurisdiction, such as county courts. However,

3915-455: The nobile officium . The nobile officium enables the Court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice . The exercise of this power is limited by adherence to precedent , and when legislation or the common law already specify the relevant remedy. Thus, the Court cannot set aside

4060-660: The Pro Marcello of Cicero , the De consolatione philosophiae of Boethius , a treatise by Plutarch , and the Annals of Tacitus . A translation of Tacitus from Lambeth Palace Library, one of only four surviving English translations from the early modern era, was confirmed as Elizabeth's own in 2019, after a detailed analysis of the handwriting and paper was undertaken. After Grindal died in 1548, Elizabeth received her education under her brother Edward's tutor, Roger Ascham ,

4205-487: The Attorney General , Sir Francis Bacon . Sir Francis, by authority of King James I , upheld the use of the equitable injunction and concluded that in the event of any conflict between the common law and equity, equity would prevail. Chancery continued to be the subject of extensive criticism, the most famous of which was 17th-century jurist John Selden 's aphorism: Equity is a roguish thing: for law we have

4350-789: The Code of Civil Procedure, 1908 , which applies to all civil courts in India. There is no such inherent powers with the criminal courts in India except with the High Courts in terms of Section 482 of the Code of Criminal Procedure, 1973. Further, such inherent powers are vested in the Supreme Court of India in terms of Article 142 of the Constitution of India which confers wide powers on

4495-485: The Court of Appeal in Ireland was set up in 1878, it sat as a bench of three. Originally the Lord Chancellor was "keeper of the king's conscience", charged with giving relief in any case where the courts of common law could not supply a remedy. In time, as in England, equity developed into a fully-fledged legal system in its own right, parallel to the common law. O'Flanagan, writing in 1870, noted that he had examined

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4640-598: The Employee Retirement Income Security Act specifically authorize only equitable relief, which forces American courts to analyze in lengthy detail whether the relief demanded in particular cases brought under those statutes would have been available in equity. Equity courts were widely distrusted in the northeastern United States following the American Revolution. A serious movement for merger of law and equity began in

4785-584: The Law Commission of India and repealing the earlier "Specific Relief Act" of 1877. Under the 1963 Act, most equitable concepts were codified and made statutory rights, thereby ending the discretionary role of the courts to grant equitable reliefs. The rights codified under the 1963 Act were as under: With this codification, the nature and tenure of the equitable reliefs available earlier have been modified to make them statutory rights and are also required to be pleaded specifically to be enforced. Further to

4930-547: The New Zealand Court of Appeal . For most purposes, the U.S. federal system and most states have merged the two courts. The latter part of the twentieth century saw increased debate over the utility of treating equity as a separate body of law. These debates were labelled the "fusion wars". A particular flashpoint in this debate centred on the concept of unjust enrichment and whether areas of law traditionally regarded as equitable could be rationalised as part of

5075-749: The Spanish ships to the northeast. The Armada straggled home to Spain in shattered remnants, after disastrous losses on the coast of Ireland (after some ships had tried to struggle back to Spain via the North Sea , and then back south past the west coast of Ireland). Unaware of the Armada's fate, English militias mustered to defend the country under the Earl of Leicester's command. Leicester invited Elizabeth to inspect her troops at Tilbury in Essex on 8 August. Wearing

5220-680: The Spanish Netherlands . In December 1584, an alliance between Philip II and the French Catholic League at Joinville undermined the ability of Anjou's brother, Henry III of France , to counter Spanish domination of the Netherlands. It also extended Spanish influence along the channel coast of France, where the Catholic League was strong, and exposed England to invasion. The siege of Antwerp in

5365-470: The Tower of London . Elizabeth fervently protested her innocence. Though it is unlikely that she had plotted with the rebels, some of them were known to have approached her. Mary's closest confidant, Emperor Charles's ambassador Simon Renard , argued that her throne would never be safe while Elizabeth lived; and Lord Chancellor Stephen Gardiner , worked to have Elizabeth put on trial. Elizabeth's supporters in

5510-432: The cause of action (the underlying substantive right to be enforced). Because the writ system was limited to enumerated writs for enumerated rights and wrongs, it sometimes produced unjust results. Thus, even though the King's Bench might have jurisdiction over a case and might have the power to issue the perfect writ, the plaintiff might still not have a case if there was not a single form of action combining them. Lacking

5655-482: The crucifix ), and downplayed the role of sermons in defiance of a key Protestant belief. Elizabeth and her advisers perceived the threat of a Catholic crusade against heretical England. The Queen therefore sought a Protestant solution that would not offend Catholics too greatly while addressing the desires of English Protestants, but she would not tolerate the Puritans , who were pushing for far-reaching reforms. As

5800-719: The law of trusts , areas traditionally handled by chancery courts included wills and probate , adoptions and guardianships , and marriage and divorce . Bankruptcy was also historically considered an equitable matter; although bankruptcy in the United States is today a purely federal matter, reserved entirely to the United States Bankruptcy Courts by the enactment of the United States Bankruptcy Code in 1978, bankruptcy courts are still officially considered "courts of equity" and exercise equitable powers under Section 105 of

5945-719: The succession question became a heated issue in Parliament. Members urged the Queen to marry or nominate an heir, to prevent a civil war upon her death. She refused to do either. In April she prorogued the Parliament, which did not reconvene until she needed its support to raise taxes in 1566. Having previously promised to marry, she told an unruly House: I will never break the word of a prince spoken in public place, for my honour's sake. And therefore I say again, I will marry as soon as I can conveniently, if God take not him away with whom I mind to marry, or myself, or else some other great let [obstruction] happen. By 1570, senior figures in

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6090-510: The 15th and 16th centuries, a nobleman sometimes held the office, acting through a deputy. From the Reformation on, he was usually a trained lawyer, though the practice of appointing a senior cleric only ended with Michael Boyle , Archbishop of Armagh , who retired in 1686. In addition to his judicial functions, the Lord Chancellor had a key political role. Until the Acts of Union 1800 , he

6235-474: The Babington Plot. Elizabeth's proclamation of the sentence announced that "the said Mary, pretending title to the same Crown, had compassed and imagined within the same realm diverse things tending to the hurt, death and destruction of our royal person." On 8 February 1587, Mary was beheaded at Fotheringhay Castle , Northamptonshire. After the execution, Elizabeth claimed that she had not intended for

6380-477: The Bankruptcy Code. After US courts merged law and equity, American law courts adopted many of the procedures of equity courts. The procedures in a court of equity were much more flexible than the courts at common law. In American practice, certain devices such as joinder , counterclaim , cross-claim and interpleader originated in the courts of equity. For a history of equity in England, including

6525-520: The Calendar of the Irish Court of Chancery in the reigns of Henry VIII and Elizabeth I , and found the ordinary business of the Court then to be quite similar to that of his own time: injunctions to stay proceedings in a common law court, proceedings to compel a trustee to make over an estate to the plaintiff, discovery of deeds, and actions to set aside deeds obtained by fraud . Apart from

6670-518: The Catholic enemies of England, they detained her in England, where she was imprisoned for the next nineteen years. Mary was soon the focus for rebellion. In 1569 there was a major Catholic rising in the North ; the goal was to free Mary, marry her to Thomas Howard, Duke of Norfolk , and put her on the English throne. After the rebels' defeat, over 750 of them were executed on Elizabeth's orders. In

6815-635: The Catholics to retake the port. Elizabeth's intention had been to exchange Le Havre for Calais , lost to France in January 1558. Only through the activities of her fleets did Elizabeth pursue an aggressive policy. This paid off in the war against Spain , 80% of which was fought at sea. She knighted Francis Drake after his circumnavigation of the globe from 1577 to 1580, and he won fame for his raids on Spanish ports and fleets. An element of piracy and self-enrichment drove Elizabethan seafarers, over whom

6960-418: The Court of Chancery assumed a vital role was the enforcement of uses , a role that the rigid framework of land law could not accommodate. This role gave rise to the basic distinction between legal and equitable interests . In order to avoid paying land taxes and other feudal dues, lawyers developed a primitive form of trust called the "use" that enabled one person (who was not required to pay tax) to hold

7105-553: The English throne, but from the Ridolfi Plot of 1571 (which caused Mary's suitor, the Duke of Norfolk, to lose his head) to the Babington Plot of 1586, Elizabeth's spymaster Francis Walsingham and the royal council keenly assembled a case against her. At first, Elizabeth resisted calls for Mary's death. By late 1586, she had been persuaded to sanction Mary's trial and execution on the evidence of letters written during

7250-535: The English throne. The marriage was the first of a series of errors of judgement by Mary that handed the victory to the Scottish Protestants and to Elizabeth. Darnley quickly became unpopular and was murdered in February 1567 by conspirators almost certainly led by James Hepburn, Earl of Bothwell . Shortly afterwards, on 15 May 1567, Mary married Bothwell, arousing suspicions that she had been party to

7395-520: The High Court and in 1960 discipline of solicitors was transferred to the President of the High Court. Equity (law) Equity exists in domestic law, both in civil law and in common law systems, and in international law . The tradition of equity begins in antiquity with the writings of Aristotle ( epieikeia ) and with Roman law ( aequitas ). Later, in civil law systems, equity

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7540-526: The King's conscience was right before God". This concern for the King's conscience was then extended to the conscience of the defendant in Chancery, in that the Chancellor would intervene to prevent "unconscionable" conduct on the part of the defendant, in order to protect the conscience of the King. By the 14th century, it appears that Chancery was operating as a court, affording remedies for which

7685-462: The King's subjects was based upon the King's writ. Initially, a writ was probably a vague order to do right by the plaintiff, and it was usually a writ of grace, issued at the pleasure of the King. During the 12th and 13th centuries, writ procedure gradually evolved into something much more rigid. All writs to commence actions had to be purchased by litigants from the Chancery , the head of which

7830-593: The Master of the Rolls at first instance. It was abolished in 1904; throughout its existence, the office was only held by one man, Hedges Eyre Chatterton . The Court of Appeal in Chancery in Ireland was created in 1857. The Lord Chancellor sat as a judge of appeal, with a single Lord Justice of Appeal in Chancery in Ireland to assist him. The drawback to this arrangement was that the two might disagree as Lord O'Hagan and Jonathan Christian frequently did. In contrast, when

7975-636: The NSW Supreme Court, Roddy Meagher , William Gummow and John Lehane produced Equity: Doctrines & Remedies . It remains one of the most highly regarded practitioner texts in Australia and England. The work is now in its 5th edition and edited by Dyson Heydon , former Justice of the High Court, Justice Mark Leeming of the New South Wales Court of Appeal , and Dr Peter Turner of Cambridge University . Equity remains

8120-638: The Northern Ireland court still maintains a separate Chancery Division, the Irish Free State abolished the divisions of the High Court under the Courts of Justice Act 1924 . The High Court of Ireland still maintains a "chancery list", although any judge of the Court may now exercise its jurisdiction in equity. In the early centuries of the office, the Lord Chancellor was a senior cleric, usually though not invariably an Englishman by birth. In

8265-587: The Queen had little control. After the occupation and loss of Le Havre in 1562–1563, Elizabeth avoided military expeditions on the continent until 1585, when she sent an English army to aid the Protestant Dutch rebels against Philip II. This followed the deaths in 1584 of the Queen's allies William the Silent , Prince of Orange, and the Duke of Anjou, and the surrender of a series of Dutch towns to Alexander Farnese, Duke of Parma , Philip's governor of

8410-405: The Rolls in Ireland existed from the 14th century. Originally his functions were clerical, but in time he became in effect an assistant Lord Chancellor. In the 17th and 18th centuries, the office was notoriously a sinecure for absentee English politicians, but from 1800 on a determined effort was made to appoint judges of real ability. In 1867 a new office of Vice-Chancellor was created to assist

8555-710: The Spanish fleet of war ships intended for the Enterprise of England , as Philip II had decided to take the war to England. On 12 July 1588, the Spanish Armada, a great fleet of ships, set sail for the channel, planning to ferry a Spanish invasion force under the Duke of Parma to the coast of southeast England from the Netherlands. The armada was defeated by a combination of miscalculation, misfortune, and an attack of English fire ships off Gravelines at midnight on 28–29 July (7–8 August New Style), which dispersed

8700-481: The Statute of Uses 1535: For a general treatise on Equity, including a historical analysis: For a brief outline of the maxims, doctrines and remedies developed under equity: Elizabeth I of England Elizabeth I (7 September 1533 – 24 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. She was the last monarch of the House of Tudor . Elizabeth

8845-510: The Supreme Court to pass orders "as is necessary for doing complete justice in any cause of matter pending before it". In modern practice, perhaps the most important distinction between law and equity is the set of remedies each offers. The most common civil remedy a court of law can award is monetary damages. Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting. Often, this form of relief

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8990-456: The actual bodies of law however. As an example, this lack of fusion meant it was still not possible to receive an equitable remedy for a purely common law wrong. Judicial or academic reasoning which assumes the contrary has been described as a "fusion fallacy". Jurisdictions which have inherited the common law system differ in their treatment of equity. Over the course of the twentieth century some common law systems began to place less emphasis on

9135-462: The aequitas and the judicial powers of the Roman magistrates." By the 15th century, the judicial power of Chancery was clearly recognised. Early Chancery pleadings vaguely invoked some sort of higher justice, such as with the formula "for the love of God and in way of charity ". During the 15th century, Chancery pleadings began to expressly invoke "conscience", to the point that English lawyers in

9280-492: The appellate courts are unified, but the trial courts are organized into a Chancery Division and a Law Division. There is a difference of opinion in Commonwealth countries as to whether equity and common law have been fused or are merely administered by the same court, with the orthodox view that they have not (expressed as rejecting the "fusion fallacy") prevailing in Australia, while support for fusion has been expressed by

9425-540: The autumn of 1559, several foreign suitors were vying for Elizabeth's hand; their impatient envoys engaged in ever more scandalous talk and reported that a marriage with her favourite was not welcome in England: "There is not a man who does not cry out on him and her with indignation ... she will marry none but the favoured Robert." Amy Dudley died in September 1560, from a fall from a flight of stairs and, despite

9570-403: The beginning of Chancery's transformation from a court of conscience to a court of equity. Before that point in time, the word "equity" was used in the common law to refer to a principle of statutory interpretation derived from aequitas : the idea that written laws ought to be interpreted " according to the intention rather than the letter" of the law. What was new was the application of

9715-634: The belief that the revolt had been successful, Pope Pius V issued a bull in 1570, titled Regnans in Excelsis , which declared "Elizabeth, the pretended Queen of England and the servant of crime" to be excommunicated and a heretic , releasing all her subjects from any allegiance to her. Catholics who obeyed her orders were threatened with excommunication . The papal bull provoked legislative initiatives against Catholics by Parliament, which were, however, mitigated by Elizabeth's intervention. In 1581, to convert English subjects to Catholicism with "the intent" to withdraw them from their allegiance to Elizabeth

9860-418: The cause, Leicester's own shortcomings as a political and military leader, and the faction-ridden and chaotic situation of Dutch politics led to the failure of the campaign. Leicester finally resigned his command in December 1587. Meanwhile, Francis Drake had undertaken a major voyage against Spanish ports and ships in the Caribbean in 1585 and 1586. In 1587 he made a successful raid on Cádiz , destroying

10005-402: The centre of [Elizabeth's] emotional life", as historian Susan Doran has described the situation. He died shortly after the defeat of the Spanish Armada in 1588. After Elizabeth's own death, a note from him was found among her most personal belongings, marked "his last letter" in her handwriting. Marriage negotiations constituted a key element in Elizabeth's foreign policy. She turned down

10150-399: The chancellorship of Thomas Wolsey (1515–1529), who "had no legal training, and delighted in putting down lawyers". In 1546, Chancellor Thomas Wriothesley , a nonlawyer, was accused of trying to inject the civil law into Chancery. This was a "wild exaggeration", but as a result, the Crown began to transition away from clergy and nonlawyers and instead appointed only lawyers trained in

10295-420: The citizens and greeted by orations and pageants, most with a strong Protestant flavour. Elizabeth's open and gracious responses endeared her to the spectators, who were "wonderfully ravished". The following day, 15 January 1559, a date chosen by her astrologer John Dee , Elizabeth was crowned and anointed by Owen Oglethorpe , the Catholic bishop of Carlisle , in Westminster Abbey . She was then presented for

10440-405: The common law tradition to the position of Lord Chancellor (although there were six more nonlawyer chancellors in the decades after Wriothesley). The last person without training in the common law before 2016 to serve as Lord Chancellor was Anthony Ashley Cooper, 1st Earl of Shaftesbury , who served briefly from 1672 to 1673. ( Liz Truss was appointed as Lord Chancellor in 2016, but this was after

10585-404: The continuing vitality of traditional equitable doctrines. In 2009 the High Court affirmed the importance of equity and dismissed the suggestion that unjust enrichment has explanatory power in relation to traditional equitable doctrines such as subrogation . The state of New South Wales is particularly well known for the strength of its Equity jurisprudence. However, it was only in 1972 with

10730-467: The coroner's inquest finding of accident, many people suspected her husband of having arranged her death so that he could marry the Queen. Elizabeth seriously considered marrying Dudley for some time. However, William Cecil , Nicholas Throckmorton , and some conservative peers made their disapproval unmistakably clear. There were even rumours that the nobility would rise if the marriage took place. Among other marriage candidates being considered for

10875-517: The court of Chancery is not the body with whom a correcting power is lodged. That it shall not interpose in any case which does not come within a general description and admit of redress by a general and practicable rule." The US Supreme Court, however, has concluded that courts have wide discretion to fashion relief in cases of equity. The first major statement of this power came in Willard v. Tayloe , 75 U.S. 557 (1869). The Court concluded that "relief

11020-530: The crown to a Protestant cousin, Lady Jane Grey , and ignoring the claims of his two half-sisters, the Catholic Mary and the younger Elizabeth, in spite of statutes to the contrary. Edward's will was set aside within weeks of his death and Mary became queen, deposing and executing Jane. During Mary's reign, Elizabeth was imprisoned for nearly a year on suspicion of supporting Protestant rebels. Upon her half-sister's death in 1558, Elizabeth succeeded to

11165-545: The enemy". He enraged Elizabeth by accepting the post of Governor-General from the Dutch States General . Elizabeth saw this as a Dutch ploy to force her to accept sovereignty over the Netherlands, which so far she had always declined. She wrote to Leicester: We could never have imagined (had we not seen it fall out in experience) that a man raised up by ourself and extraordinarily favoured by us, above any other subject of this land, would have in so contemptible

11310-526: The enforcement of a common law court order. The penalty for disobeying an equitable injunction and enforcing an unconscionable common law judgment was imprisonment. The 1615 conflict between common law and equity came about because of a "clash of strong personalities" between Lord Chancellor Ellesmere and the Chief Justice of the King's Bench , Sir Edward Coke . Chief Justice Coke began the practice of issuing writs of habeas corpus that required

11455-429: The extent that these equitable reliefs have been codified into rights, they are no longer discretionary upon the courts or as the English law has it, "Chancellor's foot" but instead are enforceable rights subject to the conditions under the 1963 Act being satisfied. Nonetheless, in the event of situations not covered under the 1963 Act, the courts in India continue to exercise their inherent powers in terms of Section 151 of

11600-475: The fact that the Lord Chancellor was literally the Keeper of the King's Conscience , although Francis Palgrave argued that the delegation was initially driven by practical concerns and the moral justification came later. The moral justification went as follows: as Keeper of the King's Conscience, the Chancellor "would act in particular cases to admit 'merciful exceptions' to the King's general laws to ensure that

11745-424: The final stages of Mary's apparent pregnancy . If Mary and her child died, Elizabeth would become queen, but if Mary gave birth to a healthy child, Elizabeth's chances of becoming queen would recede sharply. When it became clear that Mary was not pregnant, no one believed any longer that she could have a child. Elizabeth's succession seemed assured. King Philip, who ascended the Spanish throne in 1556, acknowledged

11890-547: The focus of plots against her predecessor. Elizabeth's unmarried status inspired a cult of virginity related to that of the Virgin Mary . In poetry and portraiture, she was depicted as a virgin, a goddess, or both, not as a normal woman. At first, only Elizabeth made a virtue of her ostensible virginity: in 1559, she told the Commons, "And, in the end, this shall be for me sufficient, that a marble stone shall declare that

12035-455: The government privately accepted that Elizabeth would never marry or name a successor. William Cecil was already seeking solutions to the succession problem. For her failure to marry, Elizabeth was often accused of irresponsibility. Her silence, however, strengthened her own political security: she knew that if she named an heir, her throne would be vulnerable to a coup; she remembered the way that "a second person, as I have been" had been used as

12180-464: The government, including William Paget, 1st Baron Paget , convinced Mary to spare her sister in the absence of hard evidence against her. Instead, on 22 May, Elizabeth was moved from the Tower to Woodstock Palace , where she was to spend almost a year under house arrest in the charge of Henry Bedingfeld . Crowds cheered her all along the way. On 17 April 1555, Elizabeth was recalled to court to attend

12325-553: The hand of Philip, her half-sister's widower, early in 1559 but for several years entertained the proposal of King Eric XIV of Sweden . Earlier in Elizabeth's life, a Danish match for her had been discussed; Henry VIII had proposed one with the Danish prince Adolf, Duke of Holstein-Gottorp , in 1545, and Edward Seymour, Duke of Somerset, suggested a marriage with Prince Frederick (later Frederick II) several years later, but

12470-447: The hands of King Philip II of Spain, marriage offered the chance of an heir. However, the choice of a husband might also provoke political instability or even insurrection. In the spring of 1559, it became evident that Elizabeth was in love with her childhood friend Robert Dudley . It was said that his wife Amy was suffering from a "malady in one of her breasts" and that the Queen would like to marry Robert if his wife should die. By

12615-461: The historical or institutional origin of substantive legal rules. In England and Wales, Australia, New Zealand, and Canada, equity remains a distinct body of law. Modern equity includes, among other things: Black's Law Dictionary , 10th ed., definition 4, differentiates "common law" (or just "law") from " equity ". Before 1873, England had two complementary court systems: courts of "law" which could only award money damages and recognized only

12760-475: The injury in question. Law courts can also enter certain types of immediately enforceable orders, called " writs " (such as a writ of habeas corpus ), but they are less flexible and less easily obtained than an injunction . Another distinction is the unavailability of a jury in equity: the judge is the trier of fact . In the American legal system, the right of jury trial in civil cases tried in federal court

12905-642: The introduction of reform to the Supreme Court Act 1970 (NSW) that empowered both the Equity and Common Law Division of the Supreme Court of NSW to grant relief in either equity or common law. In 1972 NSW also adopted one of the essential sections of the Judicature reforms, which emphasised that where there was a conflict between the common law and equity, equity would always prevail. Nevertheless, in 1975 three alumni of Sydney Law School and judges of

13050-475: The land the legal owner and therefore liable for feudal dues. The response of the lawyers to this Statute was to create the "use upon a use". The Statute recognized only the first use, and so land owners were again able to separate the legal and beneficial interests in their land. Equity remains a cornerstone of Australian private law. A string of cases in the 1980s saw the High Court of Australia re-affirm

13195-401: The late 15th century thought of Chancery as a court of "conscience", not a court of "equity". However, the "reasoning of the medieval chancellors has not been preserved" as to what they actually meant by the word "conscience", and modern scholars can only indirectly guess at what the word probably meant. The publication of the treatise The Doctor and Student in the early 16th century marked

13340-475: The legal owner of property, and courts of "equity" ( courts of chancery ) that could issue injunctive relief (that is, a court order to a party to do something, give something to someone, or stop doing something) and recognized trusts of property. This split propagated to many of the colonies, including the United States. The states of Delaware, Mississippi, South Carolina, and Tennessee continue to have divided Courts of Law and Courts of Chancery. In New Jersey,

13485-472: The legal title of the land for the use of another person. The effect of this trust was that the first person owned the land under the common law, but the second person had a right to use the land under the law of equity. Henry VIII enacted the Statute of Uses in 1535 (which became effective in 1536) in an attempt to outlaw this practice and recover lost revenue. The Act effectively made the beneficial owner of

13630-461: The monarch as the supreme governor or risk disqualification from office; the heresy laws were repealed, to avoid a repeat of the persecution of dissenters by Mary. At the same time, a new Act of Uniformity was passed, which made attendance at church and the use of the 1559 Book of Common Prayer (an adapted version of the 1552 prayer book ) compulsory, though the penalties for recusancy , or failure to attend and conform, were not extreme. From

13775-623: The murder of her husband. Elizabeth confronted Mary about the marriage, writing to her: How could a worse choice be made for your honour than in such haste to marry such a subject, who besides other and notorious lacks, public fame has charged with the murder of your late husband, besides the touching of yourself also in some part, though we trust in that behalf falsely. These events led rapidly to Mary's defeat and imprisonment in Lochleven Castle . The Scottish lords forced her to abdicate in favour of her one-year-old son, James VI . James

13920-693: The negotiations had abated in 1551. In the years around 1559, a Dano-English Protestant alliance was considered, and to counter Sweden's proposal, King Frederick II proposed to Elizabeth in late 1559. For several years, she seriously negotiated to marry Philip's cousin Charles II, Archduke of Austria . By 1569, relations with the Habsburgs had deteriorated. Elizabeth considered marriage to two French Valois princes in turn, first Henry, Duke of Anjou , and then from 1572 to 1581 his brother Francis, Duke of Anjou , formerly Duke of Alençon. This last proposal

14065-589: The new political reality and cultivated his sister-in-law. She was a better ally than the chief alternative, Mary, Queen of Scots , who had grown up in France and was betrothed to Francis, Dauphin of France . When his wife fell ill in 1558, Philip sent the Count of Feria to consult with Elizabeth. This interview was conducted at Hatfield House , where she had returned to live in October 1555. By October 1558, Elizabeth

14210-527: The ordinary business of the Court, certain functions were reserved to the Lord Chancellor: care of minors and wards of court , discipline of solicitors and coroners , and removal of justices of the peace . In 1924 the special functions of the Lord Chancellor were vested in the Chief Justice of Ireland ; in 1936 responsibility for minors and wards of court was transferred to the President of

14355-436: The people's acceptance, amidst a deafening noise of organs, fifes, trumpets, drums, and bells. Although Elizabeth was welcomed as queen in England, the country was still in a state of anxiety over the perceived Catholic threat at home and overseas, as well as the choice of whom she would marry. Elizabeth's personal religious convictions have been much debated by scholars. She was a Protestant, but kept Catholic symbols (such as

14500-611: The position had been stripped of its judicial powers by the Constitutional Reform Act 2005 , leaving the Chancellor of the High Court as the highest judge sitting in equity in England and Wales.) The development of a court of equity as a remedy for the rigid procedure of the common law courts meant it was inevitable that the two systems would come into conflict. Litigants would go " jurisdiction shopping " and often would seek an equitable injunction prohibiting

14645-435: The queen, Robert Dudley continued to be regarded as a possible candidate for nearly another decade. Elizabeth was extremely jealous of his affections, even when she no longer meant to marry him herself. She raised Dudley to the peerage as Earl of Leicester in 1564. In 1578, he finally married Lettice Knollys , to whom the queen reacted with repeated scenes of displeasure and lifelong hatred. Still, Dudley always "remained at

14790-469: The recollection that I had done anything to justify the reproach that the equity of this court varies like the Chancellor's foot." Equity's primacy over common law in England was later enshrined in the Judicature Acts of the 1870s, which also served to fuse the courts of equity and the common law (although emphatically not the systems themselves) into one unified court system. One area in which

14935-424: The reins of power, the country had an established Protestant church and was run by a council of Protestant nobles supported by Elizabeth. Mary refused to ratify the treaty. In 1563, Elizabeth proposed her own suitor, Robert Dudley, as a husband for Mary, without asking either of the two people concerned. Both proved unenthusiastic, and in 1565, Mary married Henry Stuart, Lord Darnley , who carried his own claim to

15080-456: The release of people imprisoned for contempt of chancery orders. This tension reached a climax in the Earl of Oxford's case (1615) where a judgment of Chief Justice Coke was allegedly obtained by fraud. Chancellor Ellesmere issued an injunction from the Chancery prohibiting the enforcement of the common law order. The two courts became locked in a stalemate, and the matter was eventually referred to

15225-477: The rest of her life. Thomas Seymour engaged in romps and horseplay with the 14-year-old Elizabeth, including entering her bedroom in his nightgown, tickling her, and slapping her on the buttocks. Elizabeth rose early and surrounded herself with maids to avoid his unwelcome morning visits. Parr, rather than confront her husband over his inappropriate activities, joined in. Twice she accompanied him in tickling Elizabeth, and once held her while he cut her black gown "into

15370-414: The royal succession. Eleven days after Anne Boleyn's execution, Henry married Jane Seymour . Queen Jane died the next year shortly after the birth of their son, Edward , who was the undisputed heir apparent to the throne. Elizabeth was placed in her half-brother's household and carried the chrisom , or baptismal cloth, at his christening. Elizabeth's first governess , Margaret Bryan , wrote that she

15515-421: The short, disastrous reigns of her half-siblings, her 44 years on the throne provided welcome stability for the kingdom and helped to forge a sense of national identity. Elizabeth was born at Greenwich Palace on 7 September 1533 and was named after her grandmothers, Elizabeth of York and Lady Elizabeth Howard . She was the second child of Henry VIII of England born in wedlock to survive infancy. Her mother

15660-568: The signed execution warrant to be dispatched, and blamed her secretary, William Davison , for implementing it without her knowledge. The sincerity of Elizabeth's remorse and whether or not she wanted to delay the warrant have been called into question both by her contemporaries and later historians. Elizabeth's foreign policy was largely defensive. The exception was the English occupation of Le Havre from October 1562 to June 1563, which ended in failure when Elizabeth's Huguenot allies joined with

15805-399: The son of Holy Roman Emperor Charles V and an active Catholic. Discontent spread rapidly through the country, and many looked to Elizabeth as a focus for their opposition to Mary's religious policies. In January and February 1554, Wyatt's rebellion broke out; it was soon suppressed. Elizabeth was brought to court and interrogated regarding her role, and on 18 March, she was imprisoned in

15950-509: The sovereign's "two bodies": the body natural and the body politic : My lords, the law of nature moves me to sorrow for my sister; the burden that is fallen upon me makes me amazed, and yet, considering I am God's creature, ordained to obey His appointment, I will thereto yield, desiring from the bottom of my heart that I may have assistance of His grace to be the minister of His heavenly will in this office now committed to me. And as I am but one body naturally considered, though by His permission

16095-553: The start did not really back this course of action. Her strategy, to support the Dutch on the surface with an English army, while beginning secret peace talks with Spain within days of Leicester's arrival in Holland, had necessarily to be at odds with Leicester's, who had set up a protectorate and was expected by the Dutch to fight an active campaign. Elizabeth, on the other hand, wanted him "to avoid at all costs any decisive action with

16240-512: The start of Elizabeth's reign it was expected that she would marry, and the question arose to whom. Although she received many offers, she never married and remained childless; the reasons for this are not clear. Historians have speculated that Thomas Seymour had put her off sexual relationships. She considered several suitors until she was about 50 years old. Her last courtship was with Francis, Duke of Anjou , 22 years her junior. While risking possible loss of power like her sister, who played into

16385-576: The states in the mid-19th century, when David Dudley Field II convinced New York State to adopt what became known as the Field Code of 1848. The federal courts did not abandon the old law/equity separation until the promulgation of the Federal Rules of Civil Procedure in 1938. Three states still have separate courts for law and equity: Delaware , whose Court of Chancery is where most cases involving Delaware corporations (which includes

16530-511: The strict procedures of the common law worked injustice or provided no remedy to a deserving plaintiff. Chancellors often had theological and clerical training and were well versed in Roman law and canon law . During this era, the Roman concept of aequitas influenced the development of the distinctly different but related English concept of equity: "The equity administered by the early English chancellors ... [was] confessedly borrowed from

16675-457: The substantive distinction between law and equity has retained its old vitality. This difference is not a mere technicality, because the successful handling of certain law cases is difficult or impossible unless a temporary restraining order (TRO) or preliminary injunction is issued at the outset, to restrain someone from fleeing the jurisdiction taking the only property available to satisfy a judgment, for instance. Furthermore, certain statutes like

16820-547: The summer of 1585 by the Duke of Parma necessitated some reaction on the part of the English and the Dutch. The outcome was the Treaty of Nonsuch of August 1585, in which Elizabeth promised military support to the Dutch. The treaty marked the beginning of the Anglo-Spanish War , which lasted until the Treaty of London in 1604. The expedition was led by Elizabeth's former suitor, the Earl of Leicester. Elizabeth from

16965-539: The throne and set out to rule by good counsel. She depended heavily on a group of trusted advisers led by William Cecil , whom she created Baron Burghley . One of her first actions as queen was the establishment of an English Protestant church, of which she became the supreme governor . This era, later named the Elizabethan Religious Settlement , would evolve into the Church of England . It

17110-527: The throne. Mary was considered by many to be the heir to the English crown, being the granddaughter of Henry VIII's elder sister, Margaret . Mary boasted being "the nearest kinswoman she hath". Elizabeth was persuaded to send a force into Scotland to aid the Protestant rebels, and though the campaign was inept, the resulting Treaty of Edinburgh of July 1560 removed the French threat in the north. When Mary returned from France to Scotland in 1561 to take up

17255-586: The time, including the Archbishopric of Canterbury . This enabled supporters amongst peers to outvote the bishops and conservative peers. Nevertheless, Elizabeth was forced to accept the title of Supreme Governor of the Church of England rather than the more contentious title of Supreme Head , which many thought unacceptable for a woman to bear. The new Act of Supremacy became law on 8 May 1559. All public officials were forced to swear an oath of loyalty to

17400-412: The word "equity" to "the extraordinary form of justice administered by the chancellor", as a convenient way to distinguish Chancery jurisprudence from the common law. A common criticism of Chancery practice as it developed in the early medieval period was that it lacked fixed rules, varied greatly from Chancellor to Chancellor, and the Chancellor was exercising an unbounded discretion. The counterargument

17545-407: Was video et taceo ("I see and keep silent"). In religion, she was relatively tolerant and avoided systematic persecution. After the pope declared her illegitimate in 1570, which in theory released English Catholics from allegiance to her, several conspiracies threatened her life, all of which were defeated with the help of her ministers' secret service, run by Sir Francis Walsingham . Elizabeth

17690-495: Was "as toward a child and as gentle of conditions as ever I knew any in my life". Catherine Champernowne , better known by her later, married name of Catherine "Kat" Ashley, was appointed as Elizabeth's governess in 1537, and she remained Elizabeth's friend until her death in 1565. Champernowne taught Elizabeth four languages: French, Dutch , Italian, and Spanish. By the time William Grindal became her tutor in 1544, Elizabeth could write English, Latin , and Italian. Under Grindal,

17835-475: Was "unlimited and unfettered" (per Lord Simon of Glaisdale in Shiloh Spinners Ltd v. Harding [1973] A.C. 691, 726) was rejected as a "beguiling heresy". The courts of Scotland have never recognised a division between the normal common law and equity, and as such the Court of Session (the supreme civil court of Scotland ) has exercised an equitable and inherent jurisdiction and called

17980-653: Was Henry VIII's second wife, Anne Boleyn . At birth, Elizabeth was the heir presumptive to the English throne. Her elder half-sister Mary had lost her position as a legitimate heir when Henry annulled his marriage to Mary's mother, Catherine of Aragon , to marry Anne, with the intent to sire a male heir and ensure the Tudor succession. She was baptised on 10 September 1533, and her godparents were Thomas Cranmer , Archbishop of Canterbury ; Henry Courtenay, Marquess of Exeter ; Elizabeth Stafford, Duchess of Norfolk ; and Margaret Wotton, Dowager Marchioness of Dorset . A canopy

18125-585: Was Speaker of the Irish House of Lords even though he often did not hold a peerage . After the Union, he was still required to advise both British and Irish Governments on a range of political and legal matters. He was often called on to steer legislation through the House of Lords: Lord O'Hagan was created a peer so that he might assist in passing the Supreme Court of Judicature Act . The office of Master of

18270-542: Was abolished under the Supreme Court of Judicature Act (Ireland) 1877 and its jurisdiction transferred to the Chancery Division of the newly established High Court of Justice in Ireland , while the Lord Chancellor presided over the Court of Appeal in Ireland . In 1920, the High Court was split into separate courts for Northern Ireland and Southern Ireland under the Government of Ireland Act 1920 . While

18415-405: Was already making plans for her government. Mary recognised Elizabeth as her heir on 6 November 1558, and Elizabeth became queen when Mary died on 17 November. Elizabeth became queen at the age of 25, and declared her intentions to her council and other peers who had come to Hatfield to swear allegiance. The speech contains the first record of her adoption of the medieval political theology of

18560-430: Was carried at the ceremony over the infant by her uncle George Boleyn, Viscount Rochford ; John Hussey, Baron Hussey of Sleaford ; Lord Thomas Howard ; and William Howard, Baron Howard of Effingham . Elizabeth was two years and eight months old when her mother was beheaded on 19 May 1536, four months after Catherine of Aragon's death from natural causes. Elizabeth was declared illegitimate and deprived of her place in

18705-468: Was cautious in foreign affairs, manoeuvring between the major powers of France and Spain . She half-heartedly supported a number of ineffective, poorly resourced military campaigns in the Netherlands , France, and Ireland. By the mid-1580s, England could no longer avoid war with Spain . As she grew older, Elizabeth became celebrated for her virginity . A cult of personality grew around her which

18850-556: Was celebrated in the portraits, pageants, and literature of the day. Elizabeth's reign became known as the Elizabethan era . The period is famous for the flourishing of English drama , led by playwrights such as William Shakespeare and Christopher Marlowe , the prowess of English maritime adventurers, such as Francis Drake and Walter Raleigh , and for the defeat of the Spanish Armada . Some historians depict Elizabeth as

18995-471: Was deposed after nine days. On 3 August 1553, Mary rode triumphantly into London, with Elizabeth at her side. The show of solidarity between the sisters did not last long. Mary, a devout Catholic , was determined to crush the Protestant faith in which Elizabeth had been educated, and she ordered that everyone attend Catholic Mass; Elizabeth had to outwardly conform. Mary's initial popularity ebbed away in 1554 when she announced plans to marry Philip of Spain ,

19140-410: Was expected that Elizabeth would marry and produce an heir; however, despite numerous courtships, she never did. Because of this she is sometimes referred to as the "Virgin Queen". She was eventually succeeded by her first cousin twice removed, James VI of Scotland , the son of Mary, Queen of Scots . In government, Elizabeth was more moderate than her father and siblings had been. One of her mottoes

19285-655: Was fond of Seymour, sought to convince Elizabeth to take him as her husband. She tried to convince Elizabeth to write to Seymour and "comfort him in his sorrow", but Elizabeth claimed that Thomas was not so saddened by her stepmother's death as to need comfort. In January 1549, Seymour was arrested and imprisoned in the Tower on suspicion of conspiring to depose his brother Somerset as Protector, marry Lady Jane Grey to King Edward VI, and take Elizabeth as his own wife. Elizabeth, living at Hatfield House , would admit nothing. Her stubbornness exasperated her interrogator, Robert Tyrwhitt , who reported, "I do see it in her face that she

19430-550: Was integrated in the legal rules, while in common law systems it became an independent body of law. In jurisdictions following the English common law system , equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law . In common law jurisdictions, the word "equity" "is not a synonym for 'general fairness' or 'natural justice ' ", but refers to "a particular body of rules that originated in

19575-524: Was made a treasonable offence, carrying the death penalty. From the 1570s missionary priests from continental seminaries went to England secretly in the cause of the "reconversion of England". Some were executed for treasonable conduct, engendering a cult of martyrdom . Regnans in Excelsis gave English Catholics a strong incentive to look to Mary as the legitimate sovereign of England. Mary may not have been told of every Catholic plot to put her on

19720-431: Was mysteriously bedridden with an illness that caused her body to swell. In 1587, a young man calling himself Arthur Dudley was arrested on the coast of Spain under suspicion of being a spy. The man claimed to be the illegitimate son of Elizabeth and Robert Dudley, with his age being consistent with birth during the 1561 illness. He was taken to Madrid for investigation, where he was examined by Francis Englefield ,

19865-468: Was never heard from again. Modern scholarship dismisses the story's basic premise as "impossible", and asserts that Elizabeth's life was so closely observed by contemporaries that she could not have hidden a pregnancy. Elizabeth's first policy toward Scotland was to oppose the French presence there. She feared that the French planned to invade England and put her Catholic cousin Mary, Queen of Scots , on

20010-497: Was not universally accepted. Catholics accused Elizabeth of engaging in "filthy lust" that symbolically defiled the nation along with her body. Henry IV of France said that one of the great questions of Europe was "whether Queen Elizabeth was a maid or no". A central issue, when it comes to the question of Elizabeth's virginity, was whether the Queen ever consummated her love affair with Robert Dudley. In 1559, she had Dudley's bedchambers moved next to her own apartments. In 1561, she

20155-671: Was probably taught Cornish by William Killigrew , Groom of the Privy Chamber and later Chamberlain of the Exchequer . Henry VIII died in 1547 and Elizabeth's half-brother, Edward VI, became king at the age of nine. Catherine Parr, Henry's widow, soon married Thomas Seymour, Baron Seymour of Sudeley , Edward VI's uncle and the brother of Lord Protector Edward Seymour, Duke of Somerset . The couple took Elizabeth into their household at Chelsea . There Elizabeth experienced an emotional crisis that some historians believe affected her for

20300-400: Was taken to Stirling Castle to be raised as a Protestant. Mary escaped in 1568 but after a defeat at Langside sailed to England, where she had once been assured of support from Elizabeth. Elizabeth's first instinct was to restore her fellow monarch, but she and her council instead chose to play safe. Rather than risk returning Mary to Scotland with an English army or sending her to France and

20445-542: Was that equity mitigated the rigour of the common law by looking to substance rather than to form. The early chancellors were influenced by their training in theology and canon law, but the law of equity they applied was not canon law, but a new kind of law purportedly driven by conscience. Whatever it meant in the medieval era, the word "conscience" clearly carried a subjective connotation (as it still does today). Complaints about equity as an arbitrary exercise of conscience by nonlawyer Chancellors became quite frequent under

20590-546: Was that her emissary read out her letters of disapproval publicly before the Dutch Council of State, Leicester having to stand nearby. This public humiliation of her "Lieutenant-General" combined with her continued talks for a separate peace with Spain irreversibly undermined Leicester's standing among the Dutch. The military campaign was severely hampered by Elizabeth's repeated refusals to send promised funds for her starving soldiers. Her unwillingness to commit herself to

20735-479: Was the Lord Chancellor . After writs began to become more specific and creative (in terms of the relief sought), Parliament responded in 1258 by providing in the Provisions of Oxford that the Chancellor could no longer create new writs without permission from the King and the King's Council (the curia regis ). Pursuant to this authorization, litigants could purchase certain enumerated writs de cursu (as

20880-509: Was the only surviving child of Henry VIII and his second wife, Anne Boleyn . When Elizabeth was two years old, her parents' marriage was annulled, her mother was executed, and Elizabeth was declared illegitimate . Henry restored her to the line of succession when she was 10, via the Third Succession Act 1543 . After Henry's death in 1547, Elizabeth's younger half-brother Edward VI ruled until his own death in 1553, bequeathing

21025-509: Was tied to a planned alliance against Spanish control of the Southern Netherlands . Elizabeth seems to have taken the courtship seriously for a time, wearing a frog-shaped earring that Francis had sent her. In 1563, Elizabeth told an imperial envoy: "If I follow the inclination of my nature, it is this: beggar-woman and single, far rather than queen and married". Later in the year, following Elizabeth's illness with smallpox ,

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