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This chapter offers a historical power analysis from the Saxons to the end of Pitt the Younger’s premiership. In the liminal premiership, the ‘key’ minister/advisor behind the monarch, or Oliver Cromwell during the republic, had serious power, but cannot be considered a prime minister as their power was wholly dependent on the monarch, and the complex machinations of court politics. The important innovation is how the role of ‘lead’ minister developed, with the monarch’s agreement, into the more independent ‘prime’ minister. We contend that only with Robert Walpole’s accession to the office did the power of prime minister become apparent, the primary reason being the monarch’s (George I) reliance on Walpole to control Parliament for spending and the protection of the monarch’s power. However, it was only with Pitt the Younger’s premiership, which truly established more formal parts of the office – particularly the Treasury, the state/economy and the Cabinet – that we see the beginnings of the modern office we know today.
Our penultimate chapter explores the extent to which the Tudor period saw a legal renaissance. It examines developments in the common law courts but also explores the development of new conciliar courts outside the common law, most notably star chamber and the court of equity, which were to prove influential. It also examines the further rise in the use and importance of statute law in this period, demonstrating that the Reformation statutes that split England from the Roman Catholic Church underscored the power of Parliamentary statute. Attention is also given to some developments in the common law courts during this period concerning the law of obligations (the development of the principle of consideration in contract law), property law (the development of the writ of ejectment that replaced the older land law writs and the origins of the law of trusts) and criminal law (the development of the distinction between murder and manslaughter).
The Tudors’ Welsh ancestry and doubtful claim to the English throne rendered them conscious successors of King Arthur, and the mythology surrounding Arthur and Merlin became central to the construction of Tudor power from 1485 onwards. Accusations and rumours of magic were rife at the court of Henry VIII and played a key role in the downfall of Anne Boleyn as queen, but allegations of magic also swirled around Cardinal Wolsey in Henry’s early reign. However, it was not until the reign of Elizabeth that a Tudor monarch embraced her ‘Arthurian’ identity to the extent of seeking the advice of a latter-day Merlin, a role eagerly fulfilled by John Dee. At the high point of Dee’s influence a magically inspired idea of a British empire briefly influenced official policy under a queen so fascinated by the occult arts that she personally practised alchemy. At the same time, the Italian religious exile (and possible spy) Giordano Bruno saw himself as an ‘occult missionary’, bringing his particular brand of Hermetic magic to England.
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