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Abbot, George, Archbishop of Canterbury, 372, 406, 436 Abdication Cambridge University Press 978-1-107-18705-4 — The Reinvention of Magna Carta 1216–1616 John Baker Index More Information INDEX Abbot, George, archbishop of adultery, punishment of, 139–41, 290, Canterbury, 372, 406, 436 372 abdication of the crown, not legally advowson, usurpation of, contrary to possible, 342 Magna Carta, 61; see also abridgements of cases, 77, 345 commendams; quare impedit absolutist monarchy: Francis Bacon Agmondesham, John, of Middle and, 305–7; the Church of England Temple, imprisonment of, 166, and, 137, 293, 350–1; Civil lawyers 495–6 and, 20, 119, 391–2; discretionary aid prayer of the king, 94, 181 rule and Magna Carta, 357; Lord alderman, office of: as a liberty, 396; Ellesmere and, 345; James I and, restoration to, by mandamus, 205–6, 339–40; medieval popes and, 3, 9, 30, 396–8, 488 120; see also under prerogative, royal Alexander II, king of Hungary, 41 (absolute prerogatives) Alexander III, king of Scotland, actions founded on Magna Carta: 299–301 authorised implicitly by the charter, Alfield, Thomas, Jesuit missionary, 129 429, 503; authorised by aliens, 34, 112, 191, 203, 431; when Marlborough, 49, 94–5; damages in, bound by English statutes, 105 353; first brought in the King’s Bench alimony see under husband and wife (1501–32), 97–9, 456–62, 503; new (suits for maintenance or alimony) formula including false Allen, Thomas, cardinal, 129 imprisonment (1606–7), 310, Allen, Thomas, haberdasher, 320 352–3, 514–16, 531–3; may be Altham, Sir James, B., 394 brought in the Common Pleas, 507; amercement, 88; of earls and barons, revived in the Common Pleas (1595), 92–3, 452 277–8, 484–7; suit stopped by the America see United States of America Privy Council, 277–8, 487; used in Anabaptists, 131 respect of a Chancery suit, 377, 462 ‘ancient constitution’, 444–5 Acts of Parliament see statutes Anderson, Sir Edmund, CJCP: and Addled Parliament (1614), 407–8, 427; Magna Carta, 250, 276; complains of thought to be the last parliament ever abuses by conciliar jurisdictions, 210, (1616), 421 303; mentioned in will of Robert Adgore, Gregory, of Inner Temple, 77, Snagge, 276; warns of danger of 96 encroachments by Requests, 485, 487 Admiralty, Court of, 166, 209–10, 430, Andrews, Euseby, of Lincoln’s Inn, 23 516; follows Civil law, 454–5; origin Anger, Richard, of Gray’s Inn, of, 306 suspected of murder, 170 542 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-18705-4 — The Reinvention of Magna Carta 1216–1616 John Baker Index More Information index 543 Annesley, Brian, warden of the Fleet, harassment by Council in the North, 165, 179 380; put in stocks, 352–3, 531 Anstis, John, Garter King of Arms, 234 Atwell, Walter, of Gray’s Inn, 76 Antigonus I, king of Macedonia, 147, Aubrey, Andrew, lord mayor of 473 London, executes a miscreant appeal of death, by a woman, 85 without trial, 478, 480–1 appeal of felony, against a peer, 39, 92, Audley, Thomas, of Inner Temple, 455, 464, 510 later Baron Audley, lord chancellor, apprentices, 203, 323 217, 462, 505 Aquinas, Thomas, advocate of religious intolerance, 122 Babthorpe, Leonard, of Middle Temple, arbitrary rule see absolutism; discretion 137–8 arcana imperii, 145, 401; ‘the mysteries Bacon, Sir Francis, of Gray’s Inn, later that keep up states’, 306 Baron Verulam: appointed king’s Arches, Court of, 139 counsel extraordinary (1594), 305; Arden, Mary, 182 appointed a Privy Councillor in order Arianism, 131, 294–5 to bring down Coke (1616), 420; aristocracy, undesirability of appointed LK (1617), 440; on government by, 256, 306 benevolences, 407–8; compared with armour, obligation to find, 257 Coke, 440–1; complains against the arrest see false imprisonment; warrant judges, 383, 425; on the Council in the for arrest Marches, 305–7; defends monopolies, Articles of Religion, 134, 525 197; defends Star Chamber power to Arundel, earl of, see FitzAlan award damages, 404; on impositions, Arundel, Sir John, 154 329; on imprisonment, 361; on the Arundel, Thomas, archbishop of king’s judicial capacity, 306; on Canterbury, 63 ‘novelists’ and papists, 131; objects Arundell, John, of Quarnack, 264–5 to counsel speaking against the Ashley, Francis, of Middle Temple: prerogative, 422–3; opinion on the reading on chapter 29 of Magna Carta Bridewell charter wrongly attributed (1616), 427–35; defender of royal to, 241; on proclamations, 154; prerogative under Charles I, 434 proposes removal of independent- assizes: availability of habeas corpus at, minded judges, 419; prosecutes a 163; commissions read in public, barrister for impugning the 135; jurisdiction over darrein prerogative, 400–1; scheme to presentment and quare impedit, codify the law, 344–5; suggests despite Magna Carta, 22; jurisdiction summary dismissal of Coke, 436; over recusancy, 134; prohibition lies supports absolutist monarchy, to, 376 305–7, 345, 440–1; suspected of Athelstan, king of England, laws of, 85 spying on the Commons, 427; on the attainder of treason, without trial, 32, two kinds of prerogative, 306; on 36, 67–8 the value of ‘tenures of favour’ and attorneys: their appointment saves ‘personal dependences’, 306 litigants the hardship of travel, 136; Bacon, Sir Nicholas, LK, 157; creation committed for suing an action of Subpoena Office, 423; contrary to injunction, 210; imprisonment by, 265; on Chancery interference with profession of, 49; jurisdiction, 211; tolerant of Northern attorneys complain of nonconformists, 134 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-18705-4 — The Reinvention of Magna Carta 1216–1616 John Baker Index More Information 544 index Badlesmere, Bartholomew, Baron Berwick-upon-Tweed, subject to the Badlesmere, 53–4 King’s Bench in England, 299–301 Bagg, James, alderman of Plymouth, bible, English, possession of, evidence 396–7 of heresy, 116 Bagshaw, Edward, of Middle Temple, bigamy, canonical, 83, 111 108, 115, 375 Bill of Rights (1689), 449 bail and mainprise, 136, 161, 290, 476, Bilney, Thomas, 122 503; bail for prisoners of the Council, Bindon, Viscount, see Howard 401 bishop: absence from Parliament Bancroft, Richard, archbishop of punishable in King’s Bench, 503–4; Canterbury, 134, 355, 360, 366 not triable by peers, 463–4 banishment see exile Black Death, 34, 51 bankruptcy commissions, 242 Blackstone, Sir William, edition of baptism: godparents addressed in Magna Carta, 1, 4, 10 singular, 259; sign of the cross, 129, Blackwall, Richard, of Inner Temple, 134, 142 reader of Clement’s Inn, 101 Bar see barristers; counsel; serjeants at Board of Green Cloth, 325–7 law Bodin, Jean, 249 Bardolf, John, Baron Bardolf, 61 bonds, penal: to abide by order of court, Barnstaple, Devon, mayor called a fool, 378, 389; relief against, 103 201 Boniface of Savoy, archbishop of barrister: acting as a solicitor, 239; call Canterbury, 18 to the bar, 70, 313, 402, 475; Bonner, Edmund, bishop of London, exemption from burdensome local 160 offices, 432–3; see also counsel Book of Common Prayer, 134, 142, Bate, John, importer of currants, 358, 374, 529 328–31 Bowes, Robert, monopolist, 320 Bayfield, Richard, 121 Bowes, Sir William, 179 Baynham, James, of the Temple, 122 Brackley, Viscount, see Egerton, Beale, Robert, clerk of the Council, Thomas 259–60, 271–2, 274 Bracton: cited in late-medieval Beauchamp, Thomas de, earl of readings, 79, 85, 223, 227; cited by Warwick, 63 Coke, 344, 367; cited by Fleetwood, Beaufort, Lady Margaret, mother of 228, 244; cited by Snagge, 252; on the Henry VII, 229 king being bound by the law, 180; on Belknap, Robert, CJCP, exile of, 478, the king being under God and the 509 law, 43, 48, 87, 344–5, 367; on Bell, Robert, of Middle Temple, 189 sanctions against the king, 42; benefice, ecclesiastical, see advowson; printed edition of, 144, 367–8; says commendams; quare impedit the law cannot destroy a man, 408 benefit of clergy, 30–1, 81, Brearley, Henry, 299 111–12, 119 Brereton, Richard and Thomas, 403 benevolences and forced loans, 185–6, brewing, monopoly of, 319 407–9 bribery, 40, 98, 440, 465 Benn, Anthony, of Middle Temple, 430 Bridewell Prison, 212, 241–3, 245, Bereford, William de, CJCP, 47 266–9 Bertie, Robert, Baron Willoughby Bristol, city, 308, 325–6 d’Eresby, 299 Britain, ancient, law in, 86, 223, 225 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-18705-4 — The Reinvention of Magna Carta 1216–1616 John Baker Index More Information index 545 Brooke, Ralph, York Herald, 375 inquisitorial procedure; provincial Brooke (Broke), Sir Richard, JCP, later constitutions CB, 79, 104 Canons Ecclesiastical (1604), Brooke, Robert, of Middle Temple, later 297–8, 521 CJCP, intolerant views of, 112 Canterbury (province), Audience Court Browne, Sir Anthony, JCP, on the of, 120, 139 succession, 231 Canterbury, Kent, unlawful custom Browne, Humphrey, sjt, later JCP, concerning butchers in, 318 imprisonment of, 100–1, 399 Canute see Cnut Brownlow, Richard, chief prothonotary capias, writs of, 92, 101, 453–4 of the Common Pleas, 422–4, cards see playing-cards 484 Carew, Martha, widow of Sir Wymond, Brut, legendary king of Britain, 86, 223, 160 225 Carew, Thomas, Presbyterian minister, Bulkeley, Sir Richard, 212 160 Burcot, Dr, see Kranich, Burchart Carey, Henry, Baron Hunsdon, lord bye-laws, 202–3, 311–18, 338, 432–3, chamberlain of the Household, 468–76, 487–9 165–6, 495 Carr, Robert, earl of Somerset, 436 Caesar, Dr (later Sir) Julius: chairs castle, widow’s right to remain in, 71, tribunal on Darcy’s monopoly, 320; 89 master of requests, 277, 279, 282; castle-ward, 84, 112 minutes proceedings in the Privy Catcher, John, sheriff of London, Council, 369, 383; on the antiquity of 266–9 the Star Chamber, 405 Catesby, William (d.
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