Sovereignty and Common Law Judicial Office in Taylor's Case (1675)

  title={Sovereignty and Common Law Judicial Office in Taylor's Case (1675)},
  author={D. Kearns},
  journal={Law and History Review},
  pages={397 - 429}
  • D. Kearns
  • Published 2019
  • Sociology
  • Law and History Review
This essay argues that the 1675 conviction of John Taylor by the Court of King's Bench for slandering God reveals Chief Justice Matthew Hale implementing a model of conjoint law-making between courts, Parliament, and crown that gave pre-eminent power to the common lawyers, and none to the Church of England. In doing so, it counters the prevailing literature on Restoration English law, which has treated the law as hierarchical, with the common lawyers subordinate to the sovereign. Rather than… Expand