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Stapylton Final Version
1 THE PARLIAMENTARY PRIVILEGE OF FREEDOM FROM ARREST, 1603–1629 Keith A. T. Stapylton UCL Submitted for the Degree of Doctor of Philosophy 2016 Page 2 DECLARATION I, Keith Anthony Thomas Stapylton, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signed Page 3 ABSTRACT This thesis considers the English parliamentary privilege of freedom from arrest (and other legal processes), 1603-1629. Although it is under-represented in the historiography, the early Stuart Commons cherished this particular privilege as much as they valued freedom of speech. Previously one of the privileges requested from the monarch at the start of a parliament, by the seventeenth century freedom from arrest was increasingly claimed as an ‘ancient’, ‘undoubted’ right that secured the attendance of members, and safeguarded their honour, dignity, property, and ‘necessary’ servants. Uncertainty over the status and operation of the privilege was a major contemporary issue, and this prompted key questions for research. First, did ill definition of the constitutional relationship between the crown and its prerogatives, and parliament and its privileges, lead to tensions, increasingly polemical attitudes, and a questioning of the royal prerogative? Where did sovereignty now lie? Second, was it important to maximise the scope of the privilege, if parliament was to carry out its business properly? Did ad hoc management of individual privilege cases nevertheless have the cumulative effect of enhancing the authority and confidence of the Commons? Third, to what extent was the exploitation or abuse of privilege an unintended consequence of the strengthening of the Commons’ authority in matters of privilege? Such matters are not treated discretely, but are embedded within chapters that follow a thematic, broadly chronological approach. -
The Lives of the Chief Justices of England
This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible. https://books.google.com Cui.U.K. &3o 1 THE LIVES OK THE CHIEF JUSTICES ENGLAND. FROM THE NORMAN CONQUEST TILL THE DEATH OF LORD TENTERDEN. By JOHN LOKD CAMPBELL, LL.D. F.E.S.E.: AUTHOR OF 'THE LIVES OF THE LOKD CHANCELLORS OF ENGLANd.' THIRD EDITION. IN FOUR VOLUMES.— Vol. II. LONDON: JOHN MUEKAY, ALBEMAELE STEEET. 1874. The right of Translation is reserved. Uniform with the present Work. LIVES OF THE LOED CHANCELLOBS, AND Keepers op the Great Skal op England, from the Earliest Times till the Reign of George the Fourth. By John Lord Campbell, LL.D. Fourth Edition. 10 vols. Crown 8vo. 6s. ' each. " A work of sterling merit — one of very great labour, of richly diversified interest, and, we arc satisfied, of lasting value and estimation. We doubt If there be half-a-dozen living men who could produce a Biographical Series on such a scale, at all likely to command so much applause from the candid among the iearned as well as from the curious of the laity." — Quarterly Review. &ONdON: PRINTEd BT WILLIAM CLOWES ANd SONS, STAMFORd STREET ANd CHARING CROSS. CONTENTS OF THE SECOND VOLUME. CHAPTER XI.— continued. LIVES OF THE CHIEF JUSTICES FROM THE DISMISSAL OF SIR EDWARD COKE TILL THE ESTABLISHMENT OF THE COMMONWEALTH. Sir Nicholas Hyde, Page 1. His Reputation as a Lawyer, 1. His Con duct as Chief Justice of the King's Bench, 2. -
A Pilgrimage Through English History and Culture (M-S)
Brigham Young University BYU ScholarsArchive Faculty Publications 2009-05-01 A Pilgrimage Through English History and Culture (M-S) Gary P. Gillum [email protected] Susan Wheelwright O'Connor Alexa Hysi Follow this and additional works at: https://scholarsarchive.byu.edu/facpub Part of the English Language and Literature Commons BYU ScholarsArchive Citation Gillum, Gary P.; O'Connor, Susan Wheelwright; and Hysi, Alexa, "A Pilgrimage Through English History and Culture (M-S)" (2009). Faculty Publications. 11. https://scholarsarchive.byu.edu/facpub/11 This Other is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Faculty Publications by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. 1462 MACHIAVELLI, NICCOLÒ, 1469-1527 Rare 854.318 N416e 1675 The Works of the famous Nicolas Machiavel: citizen and Secretary of Florence. Written Originally in Italian, and from thence newly and faithfully Translated into English London: Printed for J.S., 1675. Description: [24], 529 [21]p. ; 32 cm. References: Wing M128. Subjects: Political science. Political ethics. War. Florence (Italy)--History. Added Author: Neville, Henry, 1620-1694, tr. Contents: -The History of florence.-The Prince.-The original of the Guelf and Ghibilin Factions.-The life of Castruccio Castracani.-The Murther of Vitelli, &c. by Duke Valentino.-The State of France.- The State of Germany.-The Marriage of Belphegor, a Novel.-Nicholas Machiavel's Letter in Vindication of Himself and His Writings. Notes: Printer's device on title-page. Title enclosed within double line rule border. Head pieces. Translated into English by Henry Neville. -
Puritan Revolution and the Law of Contracts
Campbell University School of Law Scholarly Repository @ Campbell University School of Law Scholarly Works Faculty Scholarship 2005 Puritan Revolution and the Law of Contracts C. Scott Pryor Campbell University School of Law, [email protected] Glenn M. Hoshauer Follow this and additional works at: https://scholarship.law.campbell.edu/fac_sw Recommended Citation C. Scott Pryor & Glenn M. Hoshauer, Puritan Revolution and the Law of Contracts, 11 Tex. Wesleyan L. Rev. 291 (2005). Available at: https://scholarship.law.campbell.edu/fac_sw/112 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Scholarly Repository @ Campbell University School of Law. PURITAN REVOLUTION AND THE LAW OF CONTRACTS C. Scott Pryort and Glenn M. Hoshauertt ARTICLE ABSTRACT The revolutionary political, economic, and religious changes in England from the time of Henry VIII through the execution of Charles I accompanied the creation of the modern law of contracts. Most legal historians have ig- nored the impact of the Protestant Reformation and the rise of Puritanism on the development of the common law. Only a few historians have considered the influence of Puritanism on the law but have come to conflicting conclu- sions. This paper considers the question of Puritanism's impact on three as- pects of the common law of contracts: the rise of the writ of assumpsit, the rationalization of the doctrine of consideration, and the independence of promissory conditions. The Authors conclude that Puritan theology was irrel- evant to assumpsit and consideration but could have influenced the frame- work of analysis of the application of virtually absolute liability in Paradine v. -
Some Notes on the Manor of East Tytherley
SOME NOTES ON THE MANOR OF EAST TYTHERLEY. BY MRS. SUCKLING. WHEN the Hampshire Field Club visited East Tytherley in 1904 the late Mr. Shore alluded to the generally accepted tradition that two .of the tenants of the Manor fought for Harold and were slain at Hastings. More documents are now available to aid research, and in the " Victoria History of Hampshire " is a translation of the Domesday Survey of 1086. At that date both East and West Tytherley were held by tenants under the King, but only in the Tytherley held by " Alwi, the son of Saulf," are there mills—namely, two, which stood on the site of Holbury Mill and Ford Mill—because in East Tytherley there was water to turn them.. Unfortunately, this rules out the Hastings story, for it is clearly of West Tytherley that Domesday relates that " It was held by Alwin, the son of Turber," whose tenancy, however, was disputed, because there was no evidence that his predecessor's rights had ever been confirmed by King William. This predecessor was probably one of the three tenants who held West Tytherley as three manors under Edward the Confessor, for Domesday continues, " Two of these who held the manor were slain at the battle of Hastings," evidently suggesting that the third would not have been likely to have been approved by King William. His name was also Alwin, but above it in small letters is the word " Ret." Possibly the scribe in- tended to alter Alwin into Alured (see " V. C. H. Hants," I, 505). In 1086, at the time of the Domesday Survey, the manor of Tytherley included lands in Holbury and Lockerley, which continued to extend into Lockerley parish after the members of Holbury and Lockerley had been separated .from the main manor. -
Ellis Wasson the British and Irish Ruling Class 1660-1945 Volume 2
Ellis Wasson The British and Irish Ruling Class 1660-1945 Volume 2 Ellis Wasson The British and Irish Ruling Class 1660-1945 Volume 2 Managing Editor: Katarzyna Michalak Associate Editor: Łukasz Połczyński ISBN 978-3-11-056238-5 e-ISBN 978-3-11-056239-2 This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License. For details go to http://creativecommons.org/licenses/by-nc-nd/3.0/. © 2017 Ellis Wasson Published by De Gruyter Open Ltd, Warsaw/Berlin Part of Walter de Gruyter GmbH, Berlin/Boston The book is published with open access at www.degruyter.com. Library of Congress Cataloging-in-Publication Data A CIP catalog record for this book has been applied for at the Library of Congress. Managing Editor: Katarzyna Michalak Associate Editor: Łukasz Połczyński www.degruyteropen.com Cover illustration: © Thinkstock/bwzenith Contents The Entries VII Abbreviations IX List of Parliamentary Families 1 Bibliography 619 Appendices Appendix I. Families not Included in the Main List 627 Appendix II. List of Parliamentary Families Organized by Country 648 Indexes Index I. Index of Titles and Family Names 711 Index II. Seats of Parliamentary Families Organized by Country 769 Index III. Seats of Parliamentary Families Organized by County 839 The Entries “ORIGINS”: Where reliable information is available about the first entry of the family into the gentry, the date of the purchase of land or holding of office is provided. When possible, the source of the wealth that enabled the family’s election to Parliament for the first time is identified. Inheritance of property that supported participation in Parliament is delineated. -
The Memorial Culture of Early Modern English Lawyers: Memory As Keyword, Shelter, and Identity, 1560-1640
Article The Memorial Culture of Early Modern English Lawyers: Memory as Keyword, Shelter, and Identity, 1560-1640 Richard J. Ross* Between 1580 and 1640, memory became increasingly important in diverse areas of English legal culture: in education, in historical and antiquarian writing, in the bar's understanding of its social role, in the organization of legal literature, in political argument, in mediation between national courts and local remembered law, and in the * Assistant Professor of Law, University of Chicago Law School. For comments and advice, I would like to thank Edward Cook, John Demos, Daniel Ernst, Jonathan Fine, Robert Gordon, Thomas Green, Hendrik Hartog, Richard Helmholz, Peter Hoffer, Stanley Katz, David Konig, David Lieberman, William Novak, A.G. Roeber, Jacqueline Ross, A.W.B. Simpson, Peter Stein, Christopher Tomlins, James Whitman, and those who attended workshops at Yale, Princeton, New York University, Georgetown, and the University of Chicago. Joanna Grisinger and Gary Rubin provided excellent research assistance. I am grateful for the financial assistance of the Frieda and Arnold Shure Fund and the Bernard G. Sang Fund. I have modernized spelling, punctuation, and capitalization in all quotations from primary sources (including titles of works listed in the text and footnotes). I have consulted English legal manuscripts on microfilm or microfiche, except for works at Harvard Law Library's Rare Book Room, the University of Chicago's Special Collections, Yale's Beinecke Library, and the Free Library of Philadelphia, which I examined in person. 229 Yale Journal of Law & the Humanities, Vol. 10, Iss. 2 [1998], Art. 1 Yale Journal of Law & the Humanities [Vol. -
WILLIAM SHEPPARD, CROMWELL's LAW REFORMER William Sheppard Is Best Known As One of the Most Prolific Legal Authors of the Seventeenth Century
CAMBRIDGE STUDIES IN ENGLISH LEGAL HISTORY Edited by D. E. C.YALE Fellow of Christ's College and Reader in English Legal History at the University of Cambridge WILLIAM SHEPPARD, CROMWELL'S LAW REFORMER William Sheppard is best known as one of the most prolific legal authors of the seventeenth century. His twenty-two books on the law include studies of conveyancing, actions on the case, tithe collection, several guides for local law enforcement and the first three legal encyclopedias to be written in the English language. His most interesting book, England's Balme, contains the most comprehensive set of law reform proposals published in that century. This study presents the first full account of Sheppard's employment under Oliver Cromwell's Protectorate as well as an examination of his family background and education, his religious commitment to John Owen's party of Independents and his legal philosophy. An appraisal of all Sheppard's legal works, including those written during the civil war and the restoration period, illustrates the overlapping concerns with law reform, religion and politics in his generation. Sheppard had impressively consistent goals for the reform of English law and his prescient proposals anticipate the reforms ultimately adopted in the nineteenth century, culminating in the Judicature Acts of 1875—8. Dr Matthews examines the relative importance of Sheppard's books to his generation and to legal literature in general, assessing such bibliographical problems as the allegation that Justice Dodderidge was the original author of the Touchstone of Common Assurances. The study provides a full bibliography of Sheppard's legal and religious works and an appendix of the sources Sheppard used in the composition of his books on the law. -
The Administration and Its Personnel Under The
THE ADMINISTRATION AND ITS PERSONNEL UNDER THE PROTECTORATE OF OLIVER CROMWELL, 1653-1658 by BERNARD SPRING B. A., University of British Columbia, 1966 A THESIS.SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF' MASTER OF ARTS in the Department of History We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA April 22, 1968 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the Head of my Department or by his representatives. It is understood that copying or publication of this thesis for financial, gain shall not be allowed without my written permission. Department of History The University of British Columbia Vancouver 8, Canada April 22, 1968. Ii ABSTRACT The administrative history of the Civil Wars and Interregnum has been largely ignored and dismissed as an aberration in the main stream of" development. Yet the administrative history of the period is of great interest and significance both in Itself, as an integral part of one of the most vibrant periods of English history, and as a part of the general development of the nation's administrative history. However, the period of the Civil Wars and Interregnum is too large a subject to be dealt with in its entirety. Consequently, the study limits itself to a consideration of only one part—the Protectorate of Oliver Cromwell. -
Stevenstone - Wikipedia Stevenstone Coordinates: 50.9542°N 4.0983°W from Wikipedia, the Free Encyclopedia
24/09/2017 Stevenstone - Wikipedia Stevenstone Coordinates: 50.9542°N 4.0983°W From Wikipedia, the free encyclopedia Stevenstone is a former manor within the parish of St Giles in the Wood, near Great Torrington, North Devon. It was the chief seat of the Rolle family, one of the most influential and wealthy of Devon families, from c. 1524 until 1907. The Rolle estates as disclosed by the Return of Owners of Land, 1873 (corrected by Bateman, 1883) comprised 55,592 acres producing an annual gross income of £47,170, and formed the largest estate in Devon, followed by the Duke of Bedford's estate centred on Tavistock comprising 22,607 Stevenstone House, built by Hon. Mark Rolle between with an annual gross value of nearly 1868 and 1872 to design of Charles Barry junior (died £46,000.[3] 1900). Now a largely demolished ruin. Surviving today is the Palladian library outbuilding, visible to the left, From the Glorious Revolution of 1688 to built by Lord Rolle's grandfather John Rolle (died the Reform Act of 1832 the county 1730). The contemporaneous orangery behind it also parliamentary representatives were chosen survives, both now the property of the Landmark Trust. Published in Morris, Rev. F.O. Picturesque Views of effectively from only ten great families, Seats of Noblemen & Gentlemen of Great Britain & mostly territorial magnates. The three most Ireland, London, 1880 dominant of these were the Bampfyldes of Poltimore House and North Molton, the Courtenays of Powderham Castle, and the Rolles of Stevenstone and Bicton.[4] The Rolles were not from the mediaeval aristocracy as were the Courtenays, but were descended from an able lawyer and administrator of the Tudor era, as were the Russells, later Earls and Dukes of Bedford. -
Puritan Revolution and the Law of Contracts C
Campbell University School of Law Scholarly Repository @ Campbell University School of Law Scholarly Works Faculty Scholarship 2005 Puritan Revolution and the Law of Contracts C. Scott rP yor Campbell University School of Law, [email protected] Glenn M. Hoshauer Follow this and additional works at: http://scholarship.law.campbell.edu/fac_sw Recommended Citation C. Scott rP yor & Glenn M. Hoshauer, Puritan Revolution and the Law of Contracts, 11 Tex. Wesleyan L. Rev. 291 (2005). This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Scholarly Repository @ Campbell University School of Law. PURITAN REVOLUTION AND THE LAW OF CONTRACTS C. Scott Pryort and Glenn M. Hoshauertt ARTICLE ABSTRACT The revolutionary political, economic, and religious changes in England from the time of Henry VIII through the execution of Charles I accompanied the creation of the modern law of contracts. Most legal historians have ig- nored the impact of the Protestant Reformation and the rise of Puritanism on the development of the common law. Only a few historians have considered the influence of Puritanism on the law but have come to conflicting conclu- sions. This paper considers the question of Puritanism's impact on three as- pects of the common law of contracts: the rise of the writ of assumpsit, the rationalization of the doctrine of consideration, and the independence of promissory conditions. The Authors conclude that Puritan theology was irrel- evant to assumpsit and consideration but could have influenced the frame- work of analysis of the application of virtually absolute liability in Paradine v. -
THE WALLOP FAMILY and 'Their Ancestry Fjolm 'Jcllvu-C.Sqxjamon-, Jill Of"'/ of Cporls,Nrull: 656
THE WALLOP FAMILY And 'Their Ancestry fjolm 'Jcllvu-c.sQxJaMon-, Jill Of"'/ of CPorls,nrull: 656. MARTELL William de Martell; butler j to Henry I. William, lord of Mayne Martell, f Olivia, da. of Ralph Tilly, and of Hinton Martell. Roger Martell. f Reginald Fitz Herbert, T Joan Martell. (FITZHERBERT, I.) 657. MARTIN (BRYAN.) Nicholas Martin, of Kemeys ; -r Maud, da. of Guy de Bryan, by Eve, da. of d. 1282, I Henry de Tracy, lord of Barnstaple. Nicholas Martin; d.v.p. f William Martin, of Kemys, co. Pembroke, j Eleanor, widow of John de Mohun, and of Barnstaple, Devon ; Lord Martin ; I da. of Sir Reynold Fitz Piers, served in the Scottish wars ; d. 1325. Nicholas Audley, Lord Audley ; j Joan Martin, widow of Henry de Lacy, b. 11 November 1289; m. 1312; j 3rd Earl of Lincoln; d. circa 1321. d. 1316. (AUDLEY. I.) 531 3Z 658. MASSINGBERD Lambert Massingberd, of Sutterton, y co. Lincoln ; living 1288. Alan Massingberd, of Sutterton; 7- Athelina, da. of William Sourale, of living 1327. Sutterton ; had dower 1359. Hugh Massingberd; living 1368. J (BERNAKE.) Thomas Massingberd; living 1435. f Juliana, da. of Thomas Bemake. Robert Massingberd, of Burgh ; Agnes, da. of Robert Halliday, d. 1459-60. of Burgh. Richard Massingberd. y Maud, da. of Thomas Kyme, of Friskney. (BRAYTOFT.) Sir Thomas Massingberd ; j.u. of Braytoft; y Joan, da. of John Braytoft, knighted at Anne Boleyn's coronation of Braytoft. 30 May 1533 ; d. 25 May 1552. Augustine Massingberd; purchased the manors y Margaret, da. of Robert Elring- of Sir John Markham in Braytoft and else ton, of Hoxton, Middlesex.