The titles of books contained in this index are printed in italics
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ACTIONS ON THE CASE, real actions superseded by, 626.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.
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.
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.
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.
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,
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.
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.
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.
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-
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.
CONSERVATIVE PARTY, the, 281.
COLONIES, 264, 320; crimes of governors CONSIDERATION, doctrine of, 397.
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,
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;
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.
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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