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Abbott, CJ, 276–277 Abridgement Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information INDEX Abbott, CJ, 276–277 Antiquity & Original of the Court of Abridgement (Fitzherbert), 73 Chancery (Snagg), 50–51 absolute power, 36–37, 38, 43 Archbishop of Cologne, 212, 216, Adam 223 dominion over Eve, 197–198 Archeion, 42–45, 50 as world’s first ruler, 200 Archeion (Lambarde), 37–39 Adam of Redlingfeld, 7 Argumentum ab Auctoritate, 62–69 Adgore, Gregory, 30 Aristotle, 62, 63, 70 adultery, 129–132, 133–134, 135, Ashley, Francis, 58–59 136–137, 138 Asinio, 67 Against Aristogeiton (Demosthenes), assize, of novel disseisin, 9–10 103 Atkin, Lord, 290 Alanus, 195 Atwood v. Small, 244 Alciato, Andreas, 112 auctor,72 Alighieri, Dante, 158 auctoritates,62 Amphiteatrum Legale (1690), 61 Augustine, Saint, 65 Ancient Law (Maine), 321 Austin, John, 293–328 Anglo-Hanseatic relations on Bentham, 300 (1474–1603), 170–191 on common law, 313–314 Bremen conference (1603), 170–178 common views with Maitland, 299 consultations by Louvain jurists on feudalism, 303–304 (1553), 182–186 on general jurisprudence, 313, Hanseatic memorandum, 186–190 314–315 arguments on privileges in, 189 historical law and, 299–300 closing pages, 188 on historical school of first part of, 187 jurisprudence, 300 legal concepts and principles in, inconsistencies in arguments, 295 188–189 on judiciary law, 311–312 second part of, 187 on jurisprudence, 323–326 technical legal register of, 190 Maitland’s criticisms of, 295–318 traditional legal thinking in, 188 ahistoricism, 303 King’s subjection to civil law in, 178, Constitutional History of England 179–182 lecture and, 297, 303, 309–310 legal arguments in support of Hanse, Encyclopaedia Britannica article 178–179 and, 296–297, 299–301, Utrecht Peace Treaty (1474), 305–308, 315 170–178 English law and, 307 329 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information 330 index Austin, John (cont.) family’s pursuit of claims, 212–213 History of English Law footnote, refuge in France, 212 297 Baron de Bode’s Case, 212–249 in Introduction to translation of claim before the commissioners, Gierke, 298, 300, 308 214–222 on manorial courts, 325–326 Clement’s claim, 216–222 on positive law, 294 commissioners for claims on on Roman law, 305–306 France, 214–216 on sovereign command model of Convention 7 and, 214 law, 312 Convention 13 and, 214 on sovereignty, 294–295, 308–309, claimincommonlawcourts, 324–326 236–247 use of language and terminology, mandamus, 237–238 315–318 petition of right in, 238–244 Austin’s Case,79 return to parliament, 244–247 Austria, 231 political pressure in, 222–236 authority, 60–84 Clement’s debts/desperation and, arguments from, 62–69 234–236 in England, 69–74 on Hill’s select committee, in Middle Ages, 62–69 227–234 of Chancery, 33–59 on Treasury, 223–227 before late 1570s, 35–41 Bartolus of Sassoferrato, 63, 94 conciliar, in Scotland, 140–169 Basilikon doron (James VI), 140, 162, historical perspective, 141–150 163, 165 juridical perspective, 150–158 Bassynwayt v. Mannoke,27 theological perspective, bastardy, 136 159–169 Bate, William, 11 of law, 71 Beaton,David,125 of medieval and modern lawyers, Beaumont v. Cavell,25 64 Bell, Thomas, 69 necessary vs. probable, 64 Bellon, Jean, 64 precedent and, 74–83 Benett v. Hert,27 of Roman jurists, 64 Benn, Anthony, 55–56 Bentham, Jeremy, 300 Babell, Robert, 25 Bergen, 173 Bacon, Francis, 40 Bigelow, Melville, 298 Bacon, Nicholas, 39, 41 Bill of Rights (1689), 251 Baker, J.H., 13, 275, 283 Board of Customs, 254 Baldus de Ubaldis, 94 Board of Customs and Excise, 257 Baldwin, Charles, 225, 226–227 Board of Excise, 254 Baldwyn, Anne, 25 Board of Inland Revenue, 254 Baldwyn, John, 25 Board of Stamps, 254 Baldwyn v. Marmyon,25 Board of Stamps and Taxes, 255–256 Balfour, James, 125–126 Board of Taxes, 254 Banyster v. Trussel (1596), 79 Bodin, Jean, 34 Baron, Eguinare, 112–115 and controversy of 1615/16, 54–59 Baron de Bode on equity, 52 death of, 212–213 on estates of England, 49 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information index 331 influence on contradictions with Roman law, Ashley, 58–59 94–95 Benn, 55–56 judicial discretion and, 157–158 James I, 56–58 Kirk’s rejection of, 126 on oath of kings, 49 learned laws and, 94 Republique, 45–48, 57 on marriage, 135, 137 Boece, Hector, 142, 143 minor non tenetur and, 92–93 Bohier, Nicolas, 68 mos Italicus and, 95 Bonard, Alfred de, 239 pre-Tridentine, 121, 124–125, 138 Book of Rates, 253 privilegium fori in, 93–94 boule, 146 on reconciliation, 136–137 Boulston’s Case,80 Scots consistorial law and, 121, 127, Bourdieu, James, 228 128–129 Boyd, Ker & Co., 215 use by Scots lawyers prior to 1560s, Brabazon, Roger, 7 90 Bracton, 69, 71, 303 Cantiuncula, Claudius, 65 Brende v. Odemse,25 Carion, Johann, 207 Breton, William, 26 Carpzov, Benedict, 69 Brewster v. Grene,27 Caryll, John, 25 Brooke, Richard, 25 Case of Commendams,58 Brougham, Lord, 244 Case of Impositions on Cloth, The Brown v. Howseden,31 (1559), 36–37 Brudenell, Robert, 23 Case of the Marshalsea, The, 77, 78–79, Brudenell v. Worsop,23 82 Bruges conferences (1520–21), 171 Castlereagh, Viscount, 214 Buchanan, George, 141–148 Catholic Church, 86, 120, 122, 124 on lords of session, 154–155 Cellarius, Christoph, 209 Rerum Scoticarum historia, 141–148, Chalke, William, 26 166 Chalmers, David, 87, 100, 143 Buckley v. Thomas (1555), 75 onconfusionoftextsinmedieval Buckmaster, Lord, 289 laws, 101–102 Bude,´ 67 Dictionary of Scotch Law, 100 Bunting v. Lepingwell,81 Epistles, 100, 105–107 Burge, William, 278 on learning and history of Scots law, Burn, Richard, 278 107–110 Burrow, John, 301 Chancellor Byrne & Co. v. Leon van Tienhoven & absolute power and, 36–37 Co. (1880), 281 analogy between Roman praetor Byrne v. Leon van Tienhoven & Co., and, 46 287, 288 authority of, 50–51 equitable powers of, 47 Caccialupi, Giovanni Battista, as instrument of King’s prerogative, 63 40–41, 44 Callistratus, 151, 152 King’s conscience and, 51 Calvin’s Case, 218 Lambarde’s view on powers of, Cambridgeshire eyre (1286), 4, 8 44 canon law, 36–37, 120. See also law petition of right and, 238–244 on bastardy, 136, 137 Snagg’s view on, 50–51 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information 332 index Chancery Colebrooke, Henry, 283–291 absolute power and, 36–37 Colgate v. Blyth (1586), 80 authority of, 33–51, 59 College of Justice, 89, 91, 94, 105, 107, before late 1570s, 35–41 110, 141 in controversy of 1615/16, 54–59 commandments of God, 132 emergence of jurisdiction with Commendator of St Andrews Priory v. prerogative, 36 Bishop of Dunkeld (1542), as keeper of king’s conscience, 51 93–94 per legem terrae requirements of commentaria bipertita, 113 Magna Carta, compliance with, Commentaries (Plowden), 73 50 Commissaries of Edinburgh, 121–122, prerogative from 1578, 41–52 124, 127–128 Lambarde’s view, 42–48 Divorce Act and, 134 Morice’s reading of, 48–50 as inheritor of consistorial Snagg’s reading of, 50–51 jurisdication of Catholic prerogative in 1595–1615, 51, 52–53 Church, 138 Chancery bills, 14 jurisdiction, 128–129 Charnock v. Worsley,76 law of God and, 131–132 Cheyney v. Godfrey,52 Scottish Protestant divorce and, Chronica (Carion), 207 129–131 Church of Scotland Commissioners of Woods and Forests, consistorial jurisdiction, 120, 123, 224, 225 124 Common Bench case, 2, 5, 8–9 law of God and, 131–132 common law reconciliation and, 136 Austin’s views on, 307, 313–314 Cicero, 62, 149 authority of law and, 71 civil law Chancellor’s authority and, 44 Anglo-Hanseatic relations and, civil law and, 160–161 178–179, 180, 184 courts, 54, 56–57 canon law and, 127, 153 equity and, 161 commmon law and, 160–161 freehold land and, 15 conscience and, 141–148 role of authorities in, 82 in France, 113, 153 vs.statute,11 ius gentium and, 160–161 statutory remedy to, 5 James I on, 160–161 unwritten, 46 King’s subjection to, 178, 179–182 common pleas, 1 in Scotland, 155, 156–157, 168 common property, 194–195 Utrecht Peace Treaty and, 183–185 medicine as, 257 claims, pre-1154, 2 natural law and, 195 Cockburn, Alexander, 92–93 negative, 205 Cokayn,Francis,23 communia negativa, 205 Coke, Edward, 73, 76–77, 78, 79, 163 communis opinio,65 on argument from authority, 80–82 Compagnie des Salines de l’Est, Commentary on Littleton,81 217 dismissal as Chief Justice, 33 Compendium of the Laws of Scotland Eighth Reports,58 (Chalmers), 87 Fourth Reports,81 conscience, of king/monarch, 51 Third Reports, 80, 82 Constitutio Deo Auctore (Justinian), Cole v. Rawe,21 102–103 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-12227-7 - Law and Authority in British Legal History, 1200–1900 Edited by Mark Godfrey Index More information index 333 Constitutional History of England, 297, Demosthenes, 103 309–310 Denman, George, 246, 247 copyhold land, 25–26 Denman, Lord, 240, 241–242 Corpus Iuris Canonici, 135–136 Derry v.
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