TY - JOUR

T1 - Идея королевской власти в интеллектуальном дискурсе раннего Нового времени

AU - Федоров, Сергей Егорович

PY - 2025/7/15

Y1 - 2025/7/15

N2 - The article concentrates on general development of wide range of the topics which had specified medieval and early modern uses of the concepts the “crown” and the “king” in a way as they changed a meaning from an abstraction of the 12th–13th centuries to conceptual entity created on a basis of the corporation theory in the 16th–17th centuries. The evolved English conception of the Crown and of the King owes much to theological thought, Roman law and canonist doctrine. Recognizing the extensive indebtedness to the civil law of the English conception of the King and of the Crown as corporation sole, the author shows that a certain interplay between three triadic components, namely of the Crown itself, its office and of the King has caused uncertainness among the common law layers and predetermined a confused outcome. Evidently, this was proved in a series of the late Tudor and early Stuart cases in the Reports of Edmund Plowden and those of Sir Edward Coke. The lack of the direct evidence that the late Tudor lawyers have utilized an aggregate corporation theory to gloss a triad including the crown, its office and the king has not entirely foreclosed a possibility of adapting some of its particular components. It is referred to a selective adaptation of the practice of the 14th–15th centuries Italian canonists which approved for legitimizing constituents not only a direct association with principal functions of the particular sovereign but also some extended beyond the corporation sole meanings.

AB - The article concentrates on general development of wide range of the topics which had specified medieval and early modern uses of the concepts the “crown” and the “king” in a way as they changed a meaning from an abstraction of the 12th–13th centuries to conceptual entity created on a basis of the corporation theory in the 16th–17th centuries. The evolved English conception of the Crown and of the King owes much to theological thought, Roman law and canonist doctrine. Recognizing the extensive indebtedness to the civil law of the English conception of the King and of the Crown as corporation sole, the author shows that a certain interplay between three triadic components, namely of the Crown itself, its office and of the King has caused uncertainness among the common law layers and predetermined a confused outcome. Evidently, this was proved in a series of the late Tudor and early Stuart cases in the Reports of Edmund Plowden and those of Sir Edward Coke. The lack of the direct evidence that the late Tudor lawyers have utilized an aggregate corporation theory to gloss a triad including the crown, its office and the king has not entirely foreclosed a possibility of adapting some of its particular components. It is referred to a selective adaptation of the practice of the 14th–15th centuries Italian canonists which approved for legitimizing constituents not only a direct association with principal functions of the particular sovereign but also some extended beyond the corporation sole meanings.

KW - Early Modern England

KW - common law layers

KW - corporation theory

KW - crown

KW - king

UR - https://www.mendeley.com/catalogue/b2cd3461-e965-36fb-a669-3d6d38053bff/

U2 - 10.21638/spbu02.2025.214

DO - 10.21638/spbu02.2025.214

M3 - статья

VL - 70

SP - 508

EP - 519

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ИСТОРИЯ

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ИСТОРИЯ

SN - 1812-9323

IS - 2

ER -