INDEX

A Brief View of Ecclesiastical Jurisdiction (by William Bohun, 1733)

Abortion

Acts of Parliament (where titles given in full): An Act for more effectively enforcing Church Discipline (1840)

An act for payment of tithes (1549)

An Act for the Better Preventing of Clandestine Marriages (1753) (‘Lord Hardwicke’s Marriage Act’)

An act for the prevention of frauds and perjuries (1676)

An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to His Majesty in Council (1832)

An Act to amend the Law relating to Probates and Letters of Administration in England (1857)

For the true payment of tithes and offerings (1540)

For tithes to be paid throughout this realm (1535) see also Divorce and Matrimonial Causes Act (1857); Statute of Frauds (1677); Toleration Act (1689)

Addy, J.

Administration (of estates) see also Probate

Admiralty courts

Adultery

Advocates: see Lawyers (Church courts)

Advowson

Alleyne, John, rector of Loughborough, Leicestershire

Alleyne, Richard, vicar of St Werburgh’s, Derbyshire,

An Apology for the Conduct of Mrs Teresia Constantia Phillips (by Constantia Phillips, 1748–9),

Apparitors,

Appeals/Appellate courts, see also Chancery court; Court of Arches; Court/High Court of Delegates; Divorce courts; House of Lords (as court); Privy Council (as court)

Archbishop’s courts, see also Audience courts; Provincial courts

Archdeaconry/Commissary courts

Barnstaple

Bedford

Bodmin

Buckingham

Cambridgeshire

Canterbury

Carlisle

Chichester

Cleveland

Coventry

Doncaster

Durham

Essex

Gloucester

Hereford

Huntingdonshire

Kelvedon, Essex

Leicestershire

Lichfield

Lincoln

London

Norwich

Nottingham

St Albans

Salisbury

Staffordshire

Suffolk

Surrey

Sussex

Winchester

Worcester

York

Yorkshire see also Bawdy courtsBum courts

Arminianism,

Assizes see also County courts

Audience courts see also Archbishop’s courts

Baines, William, of Leicester

Bancroft, Richard, bishop of London (1597–1604)

Barristers: see Lawyers (Church courts)

Barron, Stephen, of Stanley, Derbyshire

Bastard, Col. John Pollexfen, MP

Bastardy,

Bateman, Hugh, of Derbyshire

Bawdry

Bawdy courts see also Bum courts

Beale, Samuel, of Chadlington, Oxfordshire

Bell, Mary, of Nottinghamshire

Bestiality

Bethell, Christopher, bishop of Exeter (June–October 1830), Bishop of Bangor (1830–59),

Bigamy,

Bills, Parliamentary (where titles given in full): Bill for the better regulating the Proceedings of Ecclesiastical Courts (1733)

Bill for the better regulation of Ecclesiastical Courts, in that part of the United Kingdom called England, and for the more easy recovery of Church Rates and Tithes (1812)

Bill to alter and improve the mode of taking Evidence in the Ecclesiastical Courts… (1854)

Bill to prevent frivolous and vexatious Suits in the Ecclesiastical Courts, and for the more easy Recovery of Small Tythes (1786)

Bill to regulate the Duties, Salaries and Emoluments of the Officers, Clerks and Ministers of Certain Ecclesiastical Courts in England (1829)

Bill to regulate Ecclesiastical Courts in England and Wales (1835) see also Divorce and Matrimonial Causes Bill (1854–7)

Bishops’ courts see also Audience courts; Consistory courts

Black Death

Blasphemy/Profanation/Swearing

Blomfield, Charles James, bishop of London (1828–57),

Bohun, William

Bona notabilia

Borough courts,

Boulton, J.,

Bracton, Henry de

Brawling on church property,

Breach of faith/Fidei laesio causes

Brent, Sir Nathaniel, judge-marshal (1640s)

Brooks, C. W.,

Brougham, Henry Peter, Baron Brougham and Vaux, lord chancellor (1830–4),

Buggery/Sodomy

Bum courts see also Archdeaconry/Commissary courts; Bawdy courts

Burgoyne, Montagu (1760–1836),

Burgoyne, Montagu (1769–1821)

Burgoyne, Sir Montague Roger (d.1817)

Burgoyne v Free (1824)

Burn, Richard, Ecclesiastical Law (1763 edn.),

Campbell, Baron (John), lord chancellor (1859–61)

Campbell, Frances, of Sutton, Bedfordshire

Campbell, Jean, of Ayrshire

Campbell, Capt. John, of Carrick, Ayrshire

Campbell, Sir John, MP

Canon law

Cantrell, Henry, vicar of St Alkmund’s, Derbyshire

Carey, William, bishop of St Asaph (1830–46)

Carrington, Sir Codrington, MP

Cartwright, Phebe, of London

Cavendish, John, MP

Chancellors (church courts)

Chancery court

Chancery court, York,

Chandler, Edward, bishop of Coventry and Lichfield (1717–30)

Charivari

Charles I, reign of

Charles II;

Declaration of Indulgence of 1672,

Chaucer, Geoffrey, The Canterbury Tales

Cheyney, Richard, bishop of Gloucester (1562–79)

Church court fees/income see also Fines; Marriage Licensing; Tithes/Tithe causes

Church court officials see also Apparitors; Chancellors; Churchwardens; Commissaries; Judges; Lawyers (Church courts); Proctors; Registrars; Scribes; Vicars-General

Church courts: broad categories

broad functions

changes in overall volume of business

opposition to/reform of,

chapter 12 passim,

chapter 14 passim

chapter 15 passim; see also Archbishops’ courts; Archdeaconry/Commissary courts; Audience courts; Bawdy courts; Bishops’ courts; Bum courts; Chancery court, York; Church court fees/income; Church court officials; Commissions/High Commissions; Consistory courts; Court of Arches; Deanery courts; Diocesan courts; Doctors’ Commons, London; Peculiar courts; Prerogative court, Canterbury; Visitations/Visitation courts

Church rates, non-payment of,

Churchwardens

Civil courts: see Common law (otherwise Secular, Temporal courts)

Civil War,

Clandestine marriages

Clements, Sarah, of Chadlington, Oxfordshire

Clerical misconduct,

Cobb, Dr, vicar of Charlbury, Oxfordshire

Cochran, Magdalen, of Ayrshire

Cochran v Campbell (1753)

Collier, Robert, MP,

Collins, Mr, MP

Commissaries

Commissary courts: see Archdeaconry/Commissary courts

Commissions/High Commissions

Common law (otherwise Secular, Temporal) courts see also Admiralty courts; Assizes; Borough courts; Chancery court; County courts; Court of Common Pleas/Court of King’s Bench; Court of Delegates; Court of Requests; District courts; Divorce courts; Equity courts; House of Commons; House of Lords; Hundred courts; Magistrates’ courts; Manorial courts; Parliament; Privy Council; Probate courts; Provincial courts; Quarter Sessions; Royal courts (as in, above, Court of Common Pleas/Court of King’s Bench; Court of Requests); Scottish courts

Compurgation,

Consistory courts

Bangor

Bath and Wells

Bristol

Canterbury

Carlisle

Chester

Chichester

Coventry

Durham

Ely

Exeter

Gloucester

Hereford

Lichfield

Lincoln

Llandaff

London

Norwich

Nottingham

Oxford

Peterborough

Rochester

St Asaph

StDavid’s

Salisbury

Winchester

Worcester

York

Contumacy see also de contumace writs

Cooper, J. P.

Coote, Dr

Corporal punishment,

Cottenham, earl of (Charles Pepys), lord chancellor (1836–41)

County courts see also Assizes

Court of Arches

Court of Common Pleas/Court of King’s Bench,

Court of King’s Bench: see Court of Common Pleas/Court of King’s Bench.

Court of Requests

Cox, J.

Cranmer, Archbishop Thomas

Cranworth, Baron (Robert Monsey), lord chancellor (1852–8)

Crim. con. suits,

Cromwell, Thomas

Crook, Maria, of Sutton, Bedfordshire

Cruelty

Curzon, Sir Nathaniel, MP,

Darnel, Miss, of London

Davies, Ann, of Chadlington, Oxfordshire

Davies, David Griffith, curate of Charlbury and Ascot under Wychwood, Oxfordshire

Dawson, George, MP

Deanery courts

Debt

Declarations of Indulgence: see

De contumace capiendo writs

Defamation/Slander causes

Delafield, Francis, of London,

Diocesan courts

Disney, John

Dissolution of the monasteries,

Distraint, powers of,

District courts

Divorce: see Marriage annulment

Divorce courts,

Divorce and Matrimonial Causes Act (1857)

Divorce and Matrimonial Causes Bill (1854–7)

Dix (otherwise Dicks), Mary Ann, of Bristol

Doctors’ Commons, London,

Dodson, John, lawyer

Draper, Rev. John, of Fleet, London

Drunkenness

Dungannon, Viscount (Trevor)

Dunning, R. W.

Ecclesiastical commissions: see Commissions/High Commissions

Ecclesiastical courts: see Church courts

Ecclesiastical Courts Commission (1830),

Eldon, first earl of: see Scott, John, MP

Elizabeth, reign of,

Elphinstone, Mr, MP,

Elton, G. R.

Equity courts

Escott, Mr, MP

Evans, E. J.

Every, Sir Simon

Exchequer court (York),

Excommunicato capiendo writs,

Excommunication see also Excommunicato capiendo writs

Ex officio mero charges

Ex officio promoto charges

Extra-marital sex: see Fornication

Fees: see Church court fees/income

Fergusson, Cutlar, MP

Fergusson, Robert, MP

Fidei laesio causes: see Breach of faith/Fidei laesio causes

Fines

Fornication,

Foyster, E. A.,

Free, DrEdward Drax

Gally, Henry, rector of St Giles in the Fields, London

Gaming

Garrat, Thomas, of Duffield, Derbyshire,

Gibson, Edmund, bishop of London (1723–48),

Gladstone, W. E., MP,

Goose, N.

Gouge, William

Gowing, Laura,

Graham, Sir James, MP, home secretary (1841–6)

Grenewaie, Marie, of Colesbourne, Gloucestershire

Grenewaie, Thomas, of Colesbourne, Gloucestershire

Grey, Sir George, MP

Grindal, Edmund, archbishop of York (1570–75)

Haigh, Christopher

Hale, William H., archdeacon of St Albans (1839–40), of London (1842)

Hamilton, Walter Kerr, bishop of Salisbury (1854–69)

Hand, George, proctor at Lichfield

Hardwicke, second earl of (Philip Yorke)

Hawkey, Thomas Theophilus, of Cornwall

Heal, Felicity

Heathcote, Sir William, MP

Helmholz, R. H.,

Henley, Joseph Warner, MP

Henry VII, reign of,

Henry VIII see also Dissolution of the monasteries; Reformation, Henrician

Hepenstall, Richard

Herbert, William, MP

Heresy see also Arminianism; Jesuits; Popery; Religious Dissent

High Commissions: see Commissions/High Commissions

High Court of Delegates: see Court/High Court of Delegates

Hill, Christopher,

Hipwell, Margerie, of London

Hooper, John, bishop of Gloucester (March–April 1851), of Gloucester and Worcester (1852–4)

Hopkins, Margery, of Oxford

Houlbrooke, Ralph

House of Commons (as court),

House of Lords (as court),

Howley, William, archbishop of Canterbury (1826–56),

Hume, Joseph, MP

Hundred courts

Idolatory

Imprisonment

Incest

Income: see Church court fees/income

Infanticide

In forma pauperis pleas

Inglis, Sir Robert, MP,

Ingram, Martin,

Instance causes see also Breach of faith/Fidei laesio causes; Defamation/Slander causes; Marital/Matrimonial causes; Probate; Testamentary/Wills business; Tithes/Tithe causes

Jacob, W. M.

James I, petition to

James II

Declaration of Indulgence of 1687,

Jenner (otherwise Jenner-Fust), Sir Herbert, lawyer Doctors’ Commons

Jesuits

Johnston, Margaret, of Sutton, Bedfordshire

Johnston, Sir James, MP

Jones, Charlotte, of Merthyr Tydfil

Jones, W. J.

Judges (Church courts),

Judges (Common law courts)

Justices of the Peace/Magistrates see also Magistrates’ courts

Kaye, John, bishop of Lincoln (1827–53)

Kelly, Sir Fitzroy, MP

Laud, William, archbishop of Canterbury (1633–45)

Law, Edmund, bishop of Bangor

Lawyers (Church courts)

Lawyers (Civil courts),

Leach, Edward, of Milton, Cambridgeshire

Lee, George

Lee, Sir William, lord chief justice of the King’s Bench

Lemon, Sir William, MP

Levack, Brian

Long Parliament

Lushington, Stephen, MP, lawyer Doctors’ Commons, later dean of arches

Lyndhurst, first Baron (John Copley), lord chancellor (1834–5, 1841–6)

MacCulloch, James, of Derbyshire,

Macfarlane, A.

Mackintosh, Sir James

Mackenzie, Maria, of Sutton, Bedfordshire

Magistrates: see Justices of the Peace/Magistrates

Magistrates’ courts see also Justices of the Peace/Magistrates

Malins, Sir Richard, MP

Manorial courts,

Marchant, R. A.,

Marital/Matrimonial causes see also Bigamy; Clandestine marriages; Cruelty; Marriage; Marriage annullment; Marriage licensing

Marriage: Acts of Parliament

bonds

desertion

incestuous

prescribed/prohibited seasons

separation

taxes on

Marriage annullment see also Crim. con. suits

Marriage licensing,

Marsh, C.

Matrimonial causes: see Marital/Matrimonial causes

Maule, Sir William

McIntosh, Marjorie

Midwives, licensing of,

Mildert, William Van, bishop of Durham (1826–36)

Modi decimandi agreements,

Moore, John, archbishop of Canterbury (1783–1805)

Morice, James, common lawyer

Morris, P.

Mortuary exactions

Muilman, Henry, of Amsterdam

Muldrew, C.

Neile, Richard, archbishop of York

Nicholl, Sir John, MP, lawyer Doctor’s Commons and dean of arches

Nicholles, Barbara, of Oxford

Nicholls v Remigo

Norreys, Sir Denham, MP

O’Day, Rosemary

Office (otherwise ex officio) causes see also Clerical misconduct; ex officio mero charges; Heresy; Punishments/Penances; Religious dissent; Religious misconduct; Sexual misconduct

Officers/Officials: see Church court officials

Opposition to church courts; see Church courts, opposition to/reform of

Ordre for the Visitacion of the Sick (1552)

Outhwaite, R. B., Preface and Foreword passim

Owen, D.

Palmerston, third viscount (Henry Temple), MP, prime minister (1855–8, 1859–65)

Parliament (as court) see also House of Commons (as court); House of Lords (as court)

Parliament, petitions to,

Peculiar courts

Peel, Sir Robert, home secretary (1822–7, 1828–30), prime minister (1841–6)

Pelham, George, bishop of Lincoln (1820–7)

Penances: see Punishments/Penances

Perjury causes,

Perkins, William

Phillimore, Joseph, MP, chanceller of diocese of Oxford, lawyer Doctors’ Commons,

Phillimore, Robert, MP,

Phillips, Teresa Constantia

Philpotts, Henry, bishop of Exeter (1831–69),

Pleydell-Bouverie, Edward, MP,

Pollock, Sir Jonathan, MP, attorney general (1835)

Popery

Powell, Thomas, bishop of Gloucester’s chancellor (1560s–70s),

Praemunire, medieval statute of

Prerogative court, Canterbury see also Probate; Probate courts

Price, F. Douglas

Prichard, Michael

Privy Council (as court),

Probate see also Administration; Probate courts; Testamentary/Wills business

Probate courts see also Exchequer court, York; Prerogative court, Canterbury

Probate officials

Proctors,

Profanation: see Blasphemy/Profanation/Swearing

Provincial courts see also Archbishops’ courts

Pryme, George, MP

Punishments/Penances see also Contumacy; Corporal Punishment; Excommunication; Fines; Imprisonment; Suspension

Purvis, J. S.

Quakers/Society of Friends

Quarter Sessions

Rape

Raynes, Dr Henry, chancellor to bishop of Coventry and Lichfield (1730s),

Recusancy

Reform of church courts: see Church courts, opposition to/reform of

Reformation, Edwardian,

Reformation, Henrician see also Dissolution of the monasteries; Henry VIII

Registrars

Religious dissent see also Arminianism; Heresy; Jesuits; Popery; Quakers/Society of Friends

Religious misconduct see also Blasphemy/Profanation/Swearing; Brawling on church property; Church rates, non-payment of; Clerical misconduct; Heresy; Idolatory; Religious dissent; Usury; Witchcraft

Remarks on a Bill now depending in Parliament (probably by Edmund Gibson, bishop of London, 1723–48)

Restoration,

Revel, Francis, of Brockwell Hall, Nottinghamshire

Robinson, Sir Christopher, lawyer Doctors’ Commons, chanceller diocese of London

Roman law

Romilly, Sir Samuel, MP

Royal courts see also Court of Common Pleas; Court of Requests; King’s Bench court

Rushout, Sir John, MP

Russell, Lord John, MP

Ryder, Richard,

St Leonards, Baron (Edward Burtenshaw), lord chancellor (February–December 1852)

Saunders v Davies

Schoolteachers, licensing of

Scott, John, MP (later first earl of Eldon),

Scott, Sir William, MP (later first Baron Stowell of Stowell Park)

Scottish courts,

Scribes,

Sexual misconduct see also Abortion; Adultery; Bastardy; Bawdry; Bestiality; Buggery/Sodomy; Fornication; Incest; Infanticide; Rape; Whoredom

Sharpe, J. A.,

Sherburne, Robert, bishop of Chichester (1508–36)

Sherwyn, Alexander, of Bowton, Derbyshire,

Shiels, W. J.

Sibthorp, Col. Charles, MP

Siggins, Catherine, of Sutton, Bedfordshire

Slander causes: see Defamation/Slander causes

Smith, Henry, of Horsham, Sussex

Smith, M. G.,

Societies for the Reformation of Manners

Society of Friends: see Quakers/Society of Friends

Sodomy: see Buggery/Sodomy

Spurr, J.

Statute of Frauds (1677)

Stone, Lawrence

Stoughton, William

Supplication of the Commons against the Ordinaries (1532)

Suspension,

Swearing: see Blasphemy/Profanation/Swearing

Sweetapple, William, of Fledborough, Nottinghamshire

Swinburne, Henry

Sykes, Norman

Takahashi, M.

Taylor, S.

Tenterden, first Baron (Charles Abbott), chief justice of the King’s Bench court

Testamentary/Wills business see also Administration; bona notabilia; Exchequer court, York; Probate

Tew, Edmund, rector of Boldon, County Durham

Thorogood, John, of Chelmsford, Essex,

Tindal, Sir Nicholas, chief justice of the common pleas

Tithes/Tithe causes see also Modi decimandi agreements

Toleration Act (1689)

Trevor, Dr

Usury

Vernon, Granville, chancellor of York

Vicars-general

Visitation courts: see Visitations/Visitation courts

Visitations/Visitation courts

Waddams, Stephen

Walpole, Spencer Horatio, MP, home secretary (1852, 1858–9, 1866)

Walter, William, of Rusper, Sussex

Warren, Samuel, MP

Wellington, duke of (Arthur Wellesley), prime minister (1828–30, November–December 1834)

Whitgift, John, archbishop of Canterbury (1583–1604)

Whoredom

Wilberforce, Samuel, bishop of Oxford (1845–69),

William and Mary and successors, reigns of

Wills: see Testamentary/Wills business

Wilmot, Anna Bella, of Osmaston, Derbyshire

Wilmot, Eardley, of Osmaston, Derbyshire

Wilmot, Robert, of Osmaston, Derbyshire

Wilmot, Robert (junior), of Osmaston, Derbyshire

Witchcraft,

Wolsey, Cardinal Thomas

Woodcock, Brian

Wynford, first Baron (William Best), chief justice of the Common Pleas,

Yeomans, Magdalen, of London

Yve, Agnes, of Buckinghamshire