Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position
The article examines the origins of the modern right to remain silent and not testify against oneself, which was established in legal discussions among English jurists in the sixteenth century and in the practice of English courts in the seventeenth century. The aim of the article is to analyze the...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Russian |
| Published: |
Tsentr nauchnykh i obrazovatelnykh proektov
2023-12-01
|
| Series: | Научный диалог |
| Subjects: | |
| Online Access: | https://www.nauka-dialog.ru/jour/article/view/5011 |
| _version_ | 1797245507068755968 |
|---|---|
| author | D. S. Mityureva |
| author_facet | D. S. Mityureva |
| author_sort | D. S. Mityureva |
| collection | DOAJ |
| description | The article examines the origins of the modern right to remain silent and not testify against oneself, which was established in legal discussions among English jurists in the sixteenth century and in the practice of English courts in the seventeenth century. The aim of the article is to analyze the conflict between common and civil law jurists in the late sixteenth century regarding the procedure of ex officio oath-taking, that is, taking an oath due to the prosecutor’s official position. The legal context of the 1580s-1590s, when there was a dispute over the activities of the High Commission, is reviewed. The legal texts under consideration demonstrate a struggle between inquisitorial practices and attempts to make the judicial process (including the church) “properly organized.” Special attention is paid to the position of Robert Bill, a clerk of the Privy Council. The author delves into the arguments Bill presents against ex officio oaths. The analysis of the legal debate allows for a broader understanding of several conflicts: the relationship between church and common law in England after the Reformation and the balance of power between authorities and subjects’ rights. |
| first_indexed | 2024-03-08T04:26:30Z |
| format | Article |
| id | doaj.art-ba71a59f0d7b4dfc99ce26da89e74bfb |
| institution | Directory Open Access Journal |
| issn | 2225-756X 2227-1295 |
| language | Russian |
| last_indexed | 2024-04-24T19:28:00Z |
| publishDate | 2023-12-01 |
| publisher | Tsentr nauchnykh i obrazovatelnykh proektov |
| record_format | Article |
| series | Научный диалог |
| spelling | doaj.art-ba71a59f0d7b4dfc99ce26da89e74bfb2024-03-25T14:31:12ZrusTsentr nauchnykh i obrazovatelnykh proektovНаучный диалог2225-756X2227-12952023-12-01121037839410.24224/2227-1295-2023-12-10-378-3942639Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s PositionD. S. Mityureva0University of TyumenThe article examines the origins of the modern right to remain silent and not testify against oneself, which was established in legal discussions among English jurists in the sixteenth century and in the practice of English courts in the seventeenth century. The aim of the article is to analyze the conflict between common and civil law jurists in the late sixteenth century regarding the procedure of ex officio oath-taking, that is, taking an oath due to the prosecutor’s official position. The legal context of the 1580s-1590s, when there was a dispute over the activities of the High Commission, is reviewed. The legal texts under consideration demonstrate a struggle between inquisitorial practices and attempts to make the judicial process (including the church) “properly organized.” Special attention is paid to the position of Robert Bill, a clerk of the Privy Council. The author delves into the arguments Bill presents against ex officio oaths. The analysis of the legal debate allows for a broader understanding of several conflicts: the relationship between church and common law in England after the Reformation and the balance of power between authorities and subjects’ rights.https://www.nauka-dialog.ru/jour/article/view/5011robert billhigh commissioncommon law lawyersinquisitionex officio oathright to remain silent |
| spellingShingle | D. S. Mityureva Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position Научный диалог robert bill high commission common law lawyers inquisition ex officio oath right to remain silent |
| title | Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position |
| title_full | Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position |
| title_fullStr | Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position |
| title_full_unstemmed | Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position |
| title_short | Legal Debates on ‘Ex Officio’ Procedure in Late 16th Century England: Robert Bill’s Position |
| title_sort | legal debates on ex officio procedure in late 16th century england robert bill s position |
| topic | robert bill high commission common law lawyers inquisition ex officio oath right to remain silent |
| url | https://www.nauka-dialog.ru/jour/article/view/5011 |
| work_keys_str_mv | AT dsmityureva legaldebatesonexofficioprocedureinlate16thcenturyenglandrobertbillsposition |