Calendar of Habeas Corpus Proceedings in the House of Lords of the High Court of Parliament, 1603-1716 Donald E
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Digital Commons @ Georgia Law Working Papers Faculty Scholarship 4-18-2014 Calendar of Habeas Corpus Proceedings in the House of Lords of the High Court of Parliament, 1603-1716 Donald E. Wilkes Jr. University of Georgia School of Law, [email protected] Repository Citation Wilkes, Donald E. Jr., "Calendar of Habeas Corpus Proceedings in the House of Lords of the High Court of Parliament, 1603-1716" (2014). Working Papers. 96. https://digitalcommons.law.uga.edu/fac_wp/96 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ Georgia Law. It has been accepted for inclusion in Working Papers by an authorized administrator of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. CALENDAR OF HABEAS CORPUS PROCEEDINGS IN THE HOUSE OF LORDS OF THE HIGH COURT OF PARLIAMENT, 1603-1716 BASED ON DOCUMENTS PRESERVED IN THE HOUSE OF LORDS RECORD OFFICE (NOW THE PARLIAMENTARY ARCHIVES) AND ON THE JOURNALS OF THE HOUSE OF LORDS, THE REPORTS OF THE ROYAL COMMISSION ON HISTORICAL MANUSCRIPTS, AND THE MANUSCRIPTS OF THE HOUSE OF LORDS, NEW SERIES April 18, 2014 Prepared and Edited By Donald E. Wilkes, Jr. Professor of Law University of Georgia School of Law Tentative Draft: November 30, 1993 Proposed Final Draft: September 1, 2003 Revised: July 3, 2010 Final Revised Version: April 18, 2014 Editor’s Note This Calendar is based on original research personally undertaken by the editor in the Search Room of the House of Lords Record Office (HLRO), in the Palace of Westminster, in London, United Kingdom, in 1992, 1993, and 1994. In November 2006, the name of the House of Lords Record Office was changed to the Parliamentary Archives of the United Kingdom. The editor expresses his gratitude to the staff of the House of Lords Record Office, who graciously and courteously assisted the editor in accessing the parliamentary records, written on parchment, relating to habeas corpus petitions, and habeas corpus proceedings, in the High Court of Parliament in England in the seventeenth and eighteenth centuries. In particular, the editor heartily thanks these HLRO employees: R. Harrison; M. Troke; K. Bligh; S. Smith; D. Johnson; D. Prior; S. Ellison; and K. Lovell. The editor expresses his appreciation to the diligent and friendly British police officers who daily escorted the editor back and forth between the ground floor Chancellor’s Gate entrance to the Palace of Westminster and the upstairs Search Room of the House of Lords Record Office. For a scholarly article on parliamentary habeas proceedings, see Donald E. Wilkes, Jr., Habeas Corpus Page 2 of 750 Proceedings in the High Court of Parliament in the Reign of James I, 1603-1625, 54 AM. J. LEG. HIST. 200 (2014). For an important book on the House of Lords from 1642 to 1649. in the era of the English Civil War, see CHARLES HARDING FIRTH, THE HOUSE OF LORDS DURING THE CIVIL WAR (1910). For a helpful book on the House of Lords during the Restoration era, from 1660 to 1685, see ANDREW SWATLAND, THE HOUSE OF LORDS IN THE REIGN OF CHARLES II (1996). For an important book on the House of Lords during the reign of William III, from 1689 to 1702, see A.S. TURBERVILLE, THE HOUSE OF LORDS IN THE REIGN OF WILLIAM III (1913). During the seventeenth century, the Old Style calendar (under which New Year’s Day occurs on March 25) was in effect in England. The New Style calendar (under which New Year’s Day is on January 1) did not take effect in England until 1752. It has long been customary, when denoting the year of any event in seventeenth century England occurring between January 1 and March 25 under the Old Style calendar, to set forth the Old Style year date, followed by a forward slash or a hyphen and then the final numeral of the New Style year date. It should also be noted that in the seventeenth century, the Old Style calendar was ten days behind the New Style calendar. Thursday, March 15, 1603/4 was, therefore, Thursday, March 25, 1604 under the N.S. calendar. The House of Lords, it should be noted, was abolished during the period extending from February 6, 1648/9 until the Page 3 of 750 Restoration in 1660. Donald E. Wilkes, Jr. Professor of Law University of Georgia School of Law Athens, Georgia 30606 U.S.A. April 18, 2014 Page 4 of 750 CALENDAR OF HABEAS CORPUS PROCEEDINGS IN THE HOUSE OF LORDS OF THE HIGH COURT OF PARLIAMENT, 1603-1716 APRIL 18, 2014 SOURCES RELIED ON IN PREPARING THIS CALENDAR 1. House of Lords Record Office, Main Papers, House of Lords Papers 2. House of Lords Record Office, Main Papers, House of Lords Parchments 3. Journal of the House of Lords 4. ROYAL COMMISSION ON HISTORICAL MANUSCRIPTS, REPORTS, published in 14 volumes by Her Majesty’s Stationary Office, 1871-1894 5. THE MANUSCRIPTS OF THE HOUSE OF LORDS, NEW SERIES, published in 12 volumes by Her Majesty’s Stationary Office, 1900-1912 (reprinted, 1962-1977) FORM OF PETITION TO HOUSE OF LORDS Page 5 of 750 Superscription: To the . Designation of the Party to the Petition: The Humble Petition of . Substance of Petition (usually preceded by “Sheweth”) Prayer for Relief Conclusion: And Your Petitioner, as in Duty, Shall Ever Pray . Signature FORM: (1) Superscription: To the (2) Designation of Party to the Petition: The Humble Petition of (3) Substance of Petition: Sheweth (4) Prayer for Relief, (5) Conclusion: And your Petitioner shall ever pray (6) Signature Habeas corpus petitions, writs of habeas corpus, and returns are invariably on parchment. The only petition in HLRO is for William Cowse; it is 15½ inches high and 12½ inches wide. Generally, a writ of habeas corpus is on a parchment strip between 1½ and 2 ½ inches high and 9 to 13½ inches wide. Generally, a return to a writ of habeas corpus is on a piece of parchment from 7 to 12 inches high and between 9 to 14 inches wide. Page 6 of 750 ABBREVIATIONS 1 HATSELL 1 JOHN HATSELL, PRECEDENTS OF THE PROCEEDINGS IN THE HOUSE OF COMMONS WITH OBSERVATIONS, PRIVILEGE OF PARLIAMENT (photo. reprint 1971) (4th ed. 1818) HC House of Commons HL House of Lords HLRO House of Lords Record Office HMC ROYAL COMMISSION ON HISTORICAL MANUSCRIPTS, REPORTS, PUBLISHED IN 14 VOLUMES BY HER MAJESTY’S STATIONARY OFFICE, 1871-1894 HMC 3d ROYAL HISTORICAL MANUSCRIPTS COMMISSION, THIRD REPORT AND APPENDIX (1872) HMC 4th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, FOURTH REPORT, PART I, REPORT AND APPENDIX (1874) HMC 5th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, FIFTH REPORT, PART I, REPORT AND APPENDIX (1876) Page 7 of 750 HMC 6th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, SIXTH REPORT, PART I, REPORT AND APPENDIX (1877) HMC 7th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, SEVENTH REPORT, PART I, REPORT AND APPENDIX (1879) HMC 8th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, EIGHTH REPORT, PART I, REPORT AND APPENDIX (1881) HMC 9th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, NINTH REPORT, PART II, APPENDIX AND INDEX (1884) HMC 11th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, ELEVENTH REPORT, APPENDIX, PART II, THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1678-1688 (1887) HMC 12th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, TWELFTH REPORT, APPENDIX, PART VI, THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1689-1690 (1889) HMC 13th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, THIRTEENTH REPORT, Page 8 of 750 APPENDIX, PART V, THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1690-1691 (1894) HMC 14th ROYAL HISTORICAL MANUSCRIPTS COMMISSION, FOURTEENTH REPORT, APPENDIX, PART VI, THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1692-1693 (1894) JHC JOURNAL OF THE HOUSE OF COMMONS JHL JOURNAL OF THE HOUSE OF LORDS MHL THE MANUSCRIPTS OF THE HOUSE OF LORDS, NEW SERIES, published in 12 volumes by Her Majesty’s Stationary Office, 1962-1977 1 MHL 1 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1693-1695, NEW SERIES (photo. reprint 1962) (1900) 2 MHL 2 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1695-1697, NEW SERIES (photo. reprint 1965) (1903) 3 MHL 3 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1697-1699, NEW SERIES (photo. reprint 1965) (1905) Page 9 of 750 4 MHL 4 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1699-1702, NEW SERIES (photo. reprint 1965) (1908) 7 MHL 7 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1706-1708, NEW SERIES (photo. reprint 1966) (1921) 9 MHL 9 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1710-1712, NEW SERIES (Maurice Bond ed. 1949) 11 MHL 11 THE MANUSCRIPTS OF THE HOUSE OF LORDS, ADDENDA 1514-1714, NEW SERIES (Maurice Bond ed. 1962) 12 MHL 12 THE MANUSCRIPTS OF THE HOUSE OF LORDS, 1714-1718, NEW SERIES (David J. Johnson ed. 1977) 2 Foster 2 PROCEEDINGS IN PARLIAMENT, 1610, HOUSE OF COMMONS (Elizabeth Read Foster ed. 1966) Page 10 of 750 CLERKS OF THE PARLIAMENTS AND CLERKS OF THE CROWN IN CHANCERY, 1603-1716 Clerks of the Parliaments T. Smith 1599-1609 R. Bowyer 1609-1621 H. Elsynge 1621-1635 T. Knyvett 1635-1637 D. Bedingfield 1637-1638 J. Browne 1638-1644 E. Norgate (at Oxford) 1644 H. Scobell 1649-1660 J. Browne 1660-1691 M. Johnson 1691-1716 Clerks of the Crown Office in Chancery G. Coppin 1601-1620 Sir. T. Edmondes 1620-1629 T. Willis 1629-1643 J. Bolles 1643-1659 V. Willis 1659-1660 H. Barker 1660-1692 T. Chute 1692-1701 G. Wright 1701-1725 Page 11 of 750 Note: “The Lord Chancellor is the head of the Crown Office, and the Clerk of the Crown is the head of the permanent staff.