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INDEX

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ACCOUNT, action of, 626; cases involving
the taking of, 650; rules as to taking,
651-652.

ACCOUNTS, the national, controlled by
the House of Commons, 175, 176.
ACT OF GRACE, 194-195, 261.
ACTIO PERSONALIS, etc., the maxim,
638.

ACTIONS, differences between the forms
of, 637-638; growth of uniformity,
638; surviving differences help to
recognition of difference between tort
and contract, 638-639; joinder of,
638.

ACTIONS ON THE CASE, real actions
superseded by, 626.

Actions on the Case for Contracts, De-
ceipts, Nuisances, etc. (Shepherd), 606.
Actions on the Case for Slander (Shep-
herd), 606.

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ALCHEMY, repeal of statute against, 330.
ALIENS, not eligible for Parliament,
245; descent allowed to be traced
through, 398.

ALLEGIANCE, temporary, 308.
ALLIBONE, J., 510, 511.

Alphabetical Disposition of all the Heads
necessary for a perfect Commonplace
(Brewster), 601.

ALVERSTONE, Lord, 395.
AMBASSADORS, 308.

Amendment or Alteration of Laws,
Hale's Tract on, 585, 589, 592-593,
594.

Analysis of the Civil Part of the Law
(Hale), 591.

Ancient Tenures of Land (Blount), 611.
ANGUS, earl of, 9.

Animadversions on Coke's Fourth Insti
tute (Prynne), 487.

ANIMALS, damage done by, 637.
ANSON, Sir W., 99, 244.
Antiquities of Warwickshire (Dugdale),
596.

APPEALS OF MURDER, Holt's praise of,
521.
APPRENTICESHIP, 331.

ACTS AND Ordinances of THE INTER- APPROPRIATION OF A PAYMENT BY A

REGNUM, 423-427.
ADDISON, 535.

ADJOURNMENTS, come to be the Act of
the House of Commons, 255-256.
ADMINISTRATION, grants of, 632; re-
vocation of grants of, 632-633.
ADMINISTRATIVE JURISDICTION OF THE
CHANCERY, 650-657.
ADMINISTRATIVE LAW, 26-27.
ADMINISTRATORS, see Executors.
ADMIRALTY, court of, jurisdiction over
piracy, 401; effect of Coke's attack on,
519.
ADVANCEMENT, the doctrine of, 546.
Advice to Grand Jurors in Cases
Blood (Babington), 605.

of

DEBTOR, 651-652.
APSLEY, Sir Allen, 98.
ARBER, 373, 597.
ARBITRATION, 635.

Areopagitica (Milton), 360-361, 371, 374.
ARGYLE, 117.
ARLINGTON, 177.

ARMINIANS, the, 127, 129, 131.
ARMY, the, political and religious views
of, 144, 145, 146, 153; growth of
unpopularity of, 159-160; disband-
ment of, 168; prerogative as to dis-
cipline of, 225-230; settlement of
position of, 241.

ARMY PLOT, the, 116.

ARREST, privilege of freedom from, 96-97.

ASHBURNER, 670.

ASHLEY, Serjeant, 37, 38.
ASHLEY, Sir William, 321.

ASSETS, administration of, 652-657;
order in which debts and legacies are
payable from, 656; legal and equit-
able, 656; marshalling, 656.
ASSHEWELL, John de, 460.
ASSIZE, judges of, their supervision of
local government, 57-58.
ASSUMPSIT, development of brings out
differences between implied and quasi
contracts, 639.
ASTLEY, 144.

ATKYNS, Edward, 311; Robert, 507,
515-516; his tracts on the Chancery,
610, 671.

ATTENDANCE ON THE COURTS, a neces-
sary part of legal education, 496-497.
ATTENDANT TERMS, 543.
ATTORNEY-GENERAL, the, not a mediæ-
val official, 457; rise of, 458-462;
changes in position of, 463-466;
reasons for his modern position, 466-
469, 470-472; a member of the minis-
try and cabinet, 466.

ATTORNEYS, the, growth of professional,
432-433; old and new distinctions
between them and pleaders, 432-434;
reasons for growth of new distinction
-mode of appointment, 434, dis-
cipline of, 434-435, difference in
personnel, 435-436, connection with
clerkship, 436, difference in education,
436-437, difference in duties, 437-
439; relations to clients, 439-440;
exclusion from Inns of Court, 441-442;
results of this, 443; forced into Inns
of Chancery, 443; form their own
Society, 443; gradual growth of
modern position of, 444; qualifica-
tions of, 445; limitations on their
authority, 450-453, and on their
spheres of activity, 453; relation to
solicitors, 456-457.

Attorney's Academy, the, 437, 598.
ATTORNMENT, 625.

AUCTION, Sales by, 394.

B

BACON, his political views, 24-26; com-
pared with those of Strafford, 73-75;
his speech on impositions, 46-47; his
advice to the king thereon, 47-48; his
views on ecclesiastical policy, 126;
his appointment as King's Counsel,
473; originates the separate order
of, 473-474; his influence on Petty,
358; 15, 461, 464, 465, 468, 477, 581.
BAGG, 211.
BAILMENTS, 520, 635-636.

BANK OF ENGLAND, 338; notes of, 338;
forgery of notes of, 400.

BANKERS, 176; stoppage of interest on
their loans, 181; actions against

stopped, 526.
BANKING, 307, 338, 635.
BANKRUPTCY, 635, 636.
BANKS, C.J., 464.

BARKER, Christopher, 362, 366.
Baron et Feme, 606-607.
BARONY, by tenure, 244-245; by writ,
245.

BARRISTERS, growth of distinction be-
tween them and attorneys, see Attor-
neys; cease to deal directly with lay
clients, 439-440, 444; cannot sue for
fees, 440; precedence of, 477.
Basilikon Doron, 11.
BATH, the earl of, 211.
BAXTER, 577, 578, 579, 580, 582.
BEDLOE, 506.
BELLARMINE, 283.
BELLOT, Dr., 443.

BENCH, the, cause of deterioration in
quality of, 499.

BENCHERS, claim of King's Counsel to
be made, 479-480.

BENEFIT OF CLERGY, restriction of, 406;
extended to women, 406.
BENTHAM, 294, 299, 592.
BERKELEY, J., 51, 291.
BERTIE, J., 507.

BILL OF RIGHTS, the, no statements of
general principles in, 241-242; old-
fashioned constitutional ideas in, 260-
261; clause as to customs duties, 48;
fiction of abdication in, 279, 194, 230,
231, 232, 240, 241, 536.
BILLS IN CHANCERY, drawn or settled
by counsel, 446.
BILLS OF EXCHANGE, 338, 635.
BILLS OF LADING, 520.
BILLS OF MORTALITY, 324, 350 n. 8.
BIRTHS, registration of, 410, 427.
BISHOPS, deprived of seats in the House
of Lords, 114, 136, 140; the Scotch,
9.

Black Book of the New Law (Hale), 581
and n. 3.
BLACKERLY, 611.

BLACKSTONE, 299, 395, 477, 591; his
views as to the original contract, 293.
Blackstone's Commentaries, 498.
BLASPHEMOUS BOOKS, 361.
BLOUNT, Thomas, 611, 612.
BODIN, 273.
BOHUN, 374.
BOLINGBROKE, 279.
BOMBAY, 177.

BOOK OF RATES, 45, 46, 48.
Books, import of, 369, 372, 376.
BORDER COUNTIES, crimes in, 404-
405.

BOROUGHS, rotten, 210;

creation of, CATHERINE OF BRAGANZA, 177.

210, 246; quo warranto proceedings CECIL, 15, 23; his ecclesiastical policy,
against, 210-211.

BOUNTY, on export of corn, 343-344.
BOWEN, Lord, 389.

BRACTON, 451, 495, 637, 639; his in-
fluence on Holt, 521.

BRAMSTON, Francis, 507; John, 227,
491.

BREACH OF PROMISE OF MARRIAGE,

actions for, 631.

BREDA, declaration of, 148, 162, 165, 168,
169, 171.

BRIDGMAN, L. K., his career, 537-538;
objects to seal Declaration of Indul-
gence, 525, and to issue commissions
for trials by martial law, 525-526; 199,
550, 669.

Bridgman's Reports, 552, 559.

127.

CELLIER, Elizabeth, 506.

CENTRAL GOVERNMENT, books on, 608-
609, App. IV. (9).
CHAMBERLAIN, 27.
CHAMBERS, Richard, 51.
CHAMBERS, reading in, 498.
CHANCELLORS, the, list of, 523 n. 1;
types of, 523-524.

CHANCERY BAR, the, 550-551, 670.
CHANCERY, Court of, its attitude to the
Statute of Frauds, 393; jurisdiction
in mercantile cases, 636; why solici
tors were associated with, 453-454;
clerks of act as attorneys, 455, 470;
orders issued by, 614-615.
Chancery Cases (R. Freeman), 618.

BRIEFS, authorizing collections for char- Character of a Trimmer (Halifax), 508.

ity, 309.

BRIGHT, T., 365.

BRISTOL, 143.

BRITTON, 495, 637.

BROKERS, 338.

BROMLEY, L.C., 464.

BRYDALL, 605.

BUBBLE ACT, the, 313.

BUCHANAN, 125, 282, 283.

BUCKINGHAM, 15, 17, 75, 77, 211.
BUILDING, London regulations for, 310.
BURKE, 4, 67, 280, 285, 299, 535.
BURNET, 212, 253, 538, 544, 545, 548,
549, 562; his account of Hale, 576,
577, 581, 582, 583, 584.
BUTLER, his edition of Co. Litt., 594.

C

CABAL MINISTRY, the, 180.

CABINET GOVERNMENT, foreshadowed in
Grand Remonstrance, 120, 157, 262,
289, 466.

CALL TO THE BAR, 434.

Charitable Uses (G. Duke), 614, 616.
CHARLES I., his character and career,

15-19; his political incapacity, 79-80;
his charges against the Commons in
1629, 100; intrigues with Parliament
and the Army, 144-146; his execu-
tion, 146; his ecclesiastical views, 130-
131, 132-134, 138.

CHARLES II., his ecclesiastical policy, 163;
his foreign policy, 164; secures pas-
sage of Act of Indemnity, 170; his
commercial policy, 176-177; character
and domestic policy, 178-180; modes
of influencing the House of Lords,
212; control of elections to House of
Commons, 211; his management of
the Exclusion controversy, 186-189,
248; the monarchy at the death of,
191.

CHARLTON, Sir Job, 510.

CHATTELS, succession to, 632-633; settle-
ments of, 666-667.

CHELSEA HOSPITAL, 305.

CHESTER, Palatine court of, 112.

CALVIN, 7, 283; effects of his teaching, CHIFFINCH, 529.
7-8, 10-11.

CAMDEN, Lord, 265.

CAMPBELL, Lord, 272, 497.
CAPITALISTIC ORGANIZATION OF IN-
DUSTRY, 339, 341, 342, 345-346;
effect on prices, 346-347; on relation
between employer and workman, 348-
349.

CARD, Andrew, 448.

CARISBROOKE, 145.
CARLETON, 71.

Carter's Reports, 552, 558.
CARTERET, 175.
CARTHEW, 563.
Carthew's Reports, 553, 563.
Cases in Chancery, 617.
Cases t. Holt, 553, 555-
CATCHING BARGAINS, 661.

CHILD, criticism of laws restraining
freedom of industry, 356-357, 359; 334,
347, 352.

Choice Cases in Chancery, 615.
CHOSES IN ACTION, reason for wide
meaning given to the term, 667;
assignment of, 667-668.
CHRISTIAN, E. B. V., 447.
CHRISTIANITY, Act against denial of,
404.

Chronica Series (Dugdale), 463, 597.
CHURCH, the Anglican, alliance with
monarchy, 13; leaders of a cultured
minority, 79; Elizabeth's settlement
of, 122-123; compared with Presby-
terian church, 124-125; accepts theory
of Divine Right, 127-128, 131, 134;
unpopularity of under Laud, 133;

intolerance of after Restoration, 172-
173.

CHURCHILL, Sir J., 550.

CINQUE PORTS, Warden of, his right to
nominate members of Parliament, 245.
CITY OF LONDON, sides with the Parlia-
ment, 143; quo warranto proceedings
against, 566, 567.

CIVIL LIST, the, 253.

CIVIL WAR, the first, 142-144; the
second, 145-146.

CLARENDON, L.C., his change of political
views, 137; his political ideals, 141,
161, 207; secures passage of Act of
Indemnity, 170; his policy, 175-176;
causes of his unpopularity, 177; im-
peachment of, 177-178; views as to
martial law, 228; his criticism of the
House of Lords, 247; his choice of
judges, 500; as chancellor, 524; 311,
312, 501, 502, 669.
Clerk's Guide, the, 616.

Clerk's Tutor in Chancery, the, 616.
CLIFFORD, 182.

CLOGGING, the equity of redemption,

origin of rule as to, 664.

COAT AND CONDUCT MONEY, 49.
COFFEE HOUSES, the, 311-312, 623.
COINAGE OFFENCES, 400.

COKE, mediæval character of his political
views, 84, 107; comparison of with
Hale, 594-595; 32, 45, 236, 237, 238,
291, 462, 464, 473, 482, 483, 495, 519,
522, 570, 583.

Coke upon Littleton, 495, 594, 603.
Coke's Reports, 571.

COLBERT, influence of his economic
policy, 340.

Colles's Reports, 553, 573.

privileges, 92; makes criticism of
government effective, 100.
COMMON FIELld System, 344-345-
COMMON INFORMERS, 332.
COMMON LAW, influence on Parlia-
mentary procedure, 88-89; obsolete
branches of, 624-627; land law, 627-
628; criminal law, 628-631; con-
tract, 631, 636; law of persons, 632;
succession to chattels, 632-633; plead-
ing, 633; evidence, 633-634; mer-
cantile law, 634-636; tort, 636-637;
contract, tort, and quasi contract, 637-
640; main features of development
of, 640.

COMMON LAWYERS, alliance with Parlia-
ment, 101, 102; why they came over
to king's side, 137.
COMMON-PLACING, 496, 601.
COMMONS, House of, see House of Com-

mons.

COMMONWEALTH, period of, 142-163;
political events, 142-149; the constitu-
tional experiments, 149-161; effects
on growth of public law, 161-163;
proposed law reforms, 412-423; actual
legislation of, 423-428; laws of con-
firmed at Restoration, 166.

COMPANIES, 306, 332; shares in, 338.
Compendium of the Laws and Govern-

ment of Great Britain and the Domin-
ions thereunto belonging, 612.
Compleat Clerk, the, 616.
Compleat Solicitor, the, 437, 452, 456,
598, 615.

Complete Copyholder, the (Coke), 603.
Comyn's Digest, 563.

Comyn's Reports, 553, 563.

CONDITIONS, equitable relief against
breach of, 662-663.

COLONIAL CONSTITUTIONAL LAW, books CONSCIENCE OF THE COURT, evidence to
on, 612.

COLMAN, 184.

COLONIAL TRADE, 319-323.

inform the, 662.

CONSERVATIVE PARTY, the, 281.

COLONIES, 264, 320; crimes of governors CONSIDERATION, doctrine of, 397.

of, 402.

COLQUIT, 556.

Comberbach's Reports, 553, 558.
COMBINATIONS, to raise prices and wages,
347.

COMMERCE AND INDUSTRY, legislation
as to, 313-360; national defence, 314-
319; colonial trade, 319-323; foreign
trade and native industry, 323-341;
agriculture, food prices, and wages,
342-349; the poor law, 349-354;
changed attitude of state to, 355-360.
COMMERCIAL LAW, books on, 606,
App. IV. (5); growth of doctrine of,
337-339.

COMMERCIAL MEN, growth of influence

of, 333-334, 341, 355-356, 359-360.
COMMITTEE SYSTEM, the, 91-92; of the
whole House, 91; standing, 92; for

CONSOLIDATION, doctrine of, 665.
CONSTABLE AND MARSHAL, Court of, 424.
CONSTITUTION, the English, its unique
character, 300.

CONSTITUTIONAL CASES, characteristics
of, 29.

CONSTITUTIONAL LAW, largely case law,
263-264.

CONSTRUCTIVE TREASON, 399.
CONTINENT, the, influence of on early
seventeenth century politics, 68-69, 78,
107.

CONTINUAL Claim, 625.
CONTRABAND, 308.
CONTRACT, theory of an original, 274,
284, 293; law of, 631, 636; provisions
of Statute of Frauds as to, 386, 390-
392; distinguished from tort and
quasi-contract, 637-640.

CONVENTICLE ACT, the, 198.
CONVENTION PARLIAMENT OF 1660, 165-
174; of 1689, 194.

CONVENTIONS OF THE CONSTITUTION,
4-5, 262.

CONVERSION, doctrine of, 646, 657, 658.
CONVEYANCERS, the, 447-448.
CONVEYANCES, provisions of Statute of
Frauds as to, 384-385.
Conveyancing (Bridgman), 537, 604-605.
CONVEYANCING AND THE LAND LAW,
books on, 603-605, App. IV. (3).
CONVOCATION, canons enacted in 1640,
134; revision of prayer book by,

172.

COOPER, Anthony Ashley, see Shaftes-
bury.
COPYRIGHT, origins of, 364-365, 365-366,
370-371, 378; protected by Star
Chamber, 368, 369; by Common-
wealth legislation, 370-372; by the
Licensing Act, 373-374; effect on of
non-renewal of Licensing Act, 377;
the Act of 1709, 377-378; question of
its existence at common law, 378-379;
proclamations as to, 311.
CORN, export and import regulations,
342-344.

CORN LAWS, repeal of, 344.

CORPORATION ACT, the, 197, 201, 210.
CORPORATIONS, quo warranto proceed-
ings against, 210-211; remodelling of,
190, 214; oaths required from officers
of, 167-168; their powers to control
trade, 337.

CORRUPT PRACTICES, 246.
Corruption and Deficiency of the Laws of
England (Warr), 414.
CORTES, the, 68.
CORYTON, 118.
COSTS, 409.

COUNCIL, relation of to local government,
56-57, 59-60, 62, 63, 64; deprived of
jurisdiction in England, 112; jurisdic-
tion in copyright cases, 373.
COUNSEL, allowed for prisoners accused
of treason, 234; see Barristers, King's
Counsel.

COUNTRY PARTY, the, 174, 177, 182.
COURTS, their separate staffs of attorneys,
435.

COVENTRY, Sir W., 177, 312; Sir J.,
403; Lord Keeper, 464.
COWELL, 23.
CRANMER, 123.
CRIB, the, 496.
CRIMINAL LAW, changes in proposed
during Commonwealth, 417; Com-
monwealth legislation as to, 426-427;
statutes relating to, 399-407; influ-
ence on of Star Chamber, 628; judicial
settlement of principles of, 629;
strictness of procedural rules, 629-630;

VOL. VI.-45

effect of this, 630-631; books on, 589-
590, 591, 605-606, App. IV. (4).' ́
CRIMINAL TRIALS, the conduct of, 518-
519.

CRIMINATION, privilege against, 634.
Croke, Sir G., 548.

CROMWELL, Oliver, his view of import-
ance of Grand Remonstrance, 120; as
a soldier, 144; sympathizes with the
Independents, 144; assents to execu-
tion of Charles I., 146; expels the Long
Parliament, 147; made Protector,
147, 154; offered the Crown, 148, 156,
160; desire to establish constitutional
government, 160-161; results of his
work, 161; death of, 148; his interest
in law reform, 415.
CROMWELL, Richard, 148.
CROWN, relations of to Parliament in
Tudor period, 6, 13; see King, Parlia-
ment, Prerogative.

CROWN OFFICE, the, 406.
CUNNINGHAM, 319, 333, 343.
CURRENCY, reform of the, 324-325.
Cursitors, the, 436.

CUSTOMS, power of crown to levy, 42-48.

D

DANBY, his policy, 182, 183; impeach-
ment of, 185; interference with elec-
tions, 211; his bribery of members of
Parliament, 213; views as to effect of
acting under the King's orders, 215;
refusal of Nottingham to seal his par-
don, 540.
DANGERFIELD, 506.
DANVERS, 81.
DAWSON, G., 612.

DE HÆRETICO COMBURENDO, abolition
of writ of, 410.

De Jure Maritimo et Navali (Molloy),
612.

De Jure Regni apud Scotos, 283.
De Laudibus, 494, 596, 621.
DEBT, statutes relating to imprisonment
for, 408.

DEBTS, order in which payable from
assets, 655.

DECLARATION OF INDULGENCE, the, of
Charles II., 181, 200, 222, 539; of
James II., 193, 200, 222.
DECLARATION OF SPORTS, the, 129, 133.
DECLARATIONS AGAINST INTEREST AND
BY DECEASED PERSONS, 634.
Decus et Tutamen (Brydall), 605.
DEFENce of the ReaLM, crown's powers
as to, 49-54.

DEMURRER OF THE PAROL, 649.
DENMAN, Lord, 395.
DERHAM, Thomas, 460.
DESERTION OF SOLDIERS, 228-229.

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