Sources of English legal history : public law to 1750 /
This volume offers an extensive collection of illustrative original materials, many of which are previously unpublished.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. Wri...
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| Format: | eBook |
| Language: | English |
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Oxford :
Oxford University Press,
2024.
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| Edition: | First edition. |
| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- 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