Sources of English legal history : public law to 1750 / Sir John Baker, K.C., LL.D, F.B.A.

Format:

Book

Author/Creator:

Baker, John H. (John Hamilton), author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Public law--England--History--Sources.

Public law.

Public law--Wales--History--Sources.

Physical Description:

1 online resource (849 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2024.

Summary:

This volume offers an extensive collection of illustrative original materials, many of which are previously unpublished.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. Writing on the history of public law has tended to focus solely on the texts of statutes and formal records. In contrast, the 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.

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

(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.

Notes:

This edition also issued in print: 2024.

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on January 8, 2024).

ISBN:

0-19-265987-1

0-19-188188-0

0-19-265986-3

OCLC:

1416892071