Sources of English Legal History : Public Law to 1750

Sources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. A companion to Baker and Milsom's Sources of English Legal History: Private Law to 1750 2e (OUP, 2010), this new volume offers an extensive collection of illustrative original materials, many of which are previously unpublished. It contains significant new material on the history of habeas corpus , mandamus , and certiorari , as well as well-known constitutional landmarks from the earliest times to 1750. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the present book concentrates on the forensic arguments and judicial decisions that led to the emergence of legal principles in the field of public law, including criminal law and the regulation of jurisdictions. It illuminates the growth of public law during the medieval and early modern periods, addressing the state's legislative and judicial organs, its coercive functions, and more broadly, the respective powers of the crown and parliament. The first work of its kind, this book is an essential resource for anyone interested in legal and constitutional history. Cover Sources of English Legal History Copyright Preface Acknowledgements Contents Table of Statutes and other Legislation Alphabetical Table of Named Cases Table of Cases cited by Year Table of Extracts from Lectures and Treatises List of Abbreviations 1. The monarchy (1) Limited monarchy (2) The king’s two bodies (3) The king’s absolute prerogatives 2. Devolution of the crown (1) Demise of the crown (2) Deposition and abdication (3) Dynastic conflict (4) Settlement of the crown 1544–​53 (5) Attainder of Charles I, Interregnum, and Restoration (6) The new settlement of 1689–​1701 3. Charters and confirmations of liberties (1) Extracts from the charters and statutes (2) Judicial application of Chapter 29 of Magna Carta (3) Commentaries on Chapter 29 of Magna Carta 4. The king and the rule of law (1) Writs of protection (2) Partial exemption from legislation (3) Power to dispense from legislation (4) Non procedendo rege inconsulto (5) Martial law 5. The High Court of Parliament (1) Frequency of sessions (2) Representation of the whole realm (3) Procedure and law of Parliament (4) Judicature in the House of Lords (5) Judicature in the House of Commons (6) Elections 6. Parliamentary legislation (1) Judicial interpretation (2) Non-​desuetude (3) Limits on parliamentary competence (4) Repeals 7. Subordinate legislation (1) Royal proclamations (2) Delegated legislation (3) Bye-​laws 8. The central courts of common law (1) Common pleas (2) The Exchequer of Pleas (3) Error and false judgment (4) The King’s Bench (5) The judiciary (6) Judgment by the king in person (7) Offices in the courts (8) Accessibility of proceedings 9. The Court of Chancery (1) Extraordinary jurisdiction (2) Complaints against chancellors (3) Suits after judgment at law (4) Fines and imprisonment 10. Conciliar courts (1) The Star Chamber (2) The Council and Magna Carta (3) The Court of Requests (4) The Council in the North (5) The Council in the Marches of Wales (6) Abolition of conciliar jurisdiction 11. The Church and its jurisdiction (1) Scope of the jurisdiction in England (2) Jurisdiction of the pope in England (3) Heresy (4) Self-​incrimination (5) James I and prohibitions 12. The High Commission (1) Establishment of the commissions (2) Power to fine and imprison (3) The oath ex officio (4) Jurisdictional limits 13. Local authority and jurisdiction (1) Franchises (2) Equitable jurisdiction (3) Towns: powers of imprisonment (4) Towns: mandamus (5) Other corporations: mandamus (6) Justices of the peace: certiorari (7) Commissioners of sewers (8) Universities 14. Liberty of the person (1) Imprisonment by the executive (2) The ambit of habeas corpus (3) The unfree (4) Restraint on overseas travel (5) Banishment (6) Impressment (7) Habeas corpus procedure 15. Taxation and purveyance (1) Purveyance (2) Impositions (3) Ship-​money (4) Hearth-​tax (5) Patents of exemption 16. Freedom of trade (1) Merchants (2) Contracts in restraint of trade (3) Monopolies (4) Bye-​laws in restraint of trade 17. Treason (1) Common law (2) Statutory definition (3) Aliens and treason (4) Constructive treasons (5) Words and acts 18. Homicide (1) Varieties of homicide (2) Causation (3) Malice aforethought (4) Manslaughter (5) Misadventure (6) Self-​defence and defence of the home (7) Provocation 19. Offences in respect of property (1) Varieties of theft (2) What things may be stolen (3) Taking and carrying away (4) Robbery (5) Burglary (6) Petit larceny 20. Criminal responsibility (1) Principal and accessory (2) Joint enterprise (3) Infancy (4) Insanity 21. Criminal procedure (1) Jurisdiction (2) Bail and mainprise (3) Appeals of felony (4) Arraignment without appeal or indictment (5) Indictments (6) Informations (7) Torture (8) Attainder without trial (9) The trial jury (10) Representation by counsel 22. The death penalty and its avoidance (1) Pardons (2) Abjuration (3) Sanctuary (4) Benefit of clergy (5) Pregnancy (6) Conviction of a lesser offence (7) Formal error (8) Alteration of punishment 23. The boundaries of English law (1) The sea (2) Wales (3) Ireland (4) Scotland (5) The plantations and colonies (6) Extraterritorial jurisdiction Index of names Index of subjects Sources of English Legal History: Public Law to 1750 is the definitive source book on the foundations of English public law. An extensive collection of illustrative original materials, it is a companion book to Baker and Milsom Sources of English Legal History: Private Law to 1750, 2e (OUP, 2010).