of study as a law student, 485-486;
his study of records, 486.

Dialogue of the Common Laws (Hobbes),
297, 585.
DICEY, 4.

Dickens' Reports, 619.
DISCONTINUANCE, 625.

Discourse Concerning the King's Bench
and Common Pleas (Hale), 589.
Discourse of the Study of the Laws
(North), 494, 620, 621.

Discourse Touching Provision for the
Poor (Hale), 589, 607.

Discourse upon the Commission for
Bridewell (Bacon), 24.

DISCOVERY, 661.

Stewarts, 163; effect of Revolution on,
202-203.

ECONOMIC FREEDOM, growth of, 333-
334, 354-355; effect on of economic
theory, 356-359; favoured by Whigs,
341; its dangers, 359-360.
ECONOMIC POLICY, divergent opinions
as to, 339-340.

ECONOMIC THEORY, changes in, 355-
356; effects of growth of, 356-359-
EDUCATION, legal, of attorneys and bar-
risters, 436-437; see Legal Education.
EGERTON, 454, 464.

EJECTMENT, action of, 625-626, 627-628,
659.

ELECTION, doctrine of, 646, 657.

225, 241-242.

DISTRAINT, 397.

DISTRIBUTION, statutes of, 633.
DIVINE RIGHT, in the Tudor period,
276; James I.'s theory of, 11-12, 18,
276; collapse of theory of after the
Revolution, 230-231, 279; the theory
after the Restoration, 277; Filmer's
version of, 277-279; how far a useful
theory, 279-280; later developments
of ideas underlying it, 280-281;
opposition to the theory, 281-290; 202,
204, 209.
DOCKWRA, 324.

Doctor and Student, the, 613.

Doctrina Placitandi, 600.

DOLBEN, J., 507.

DOLMAN, 283.

DORCHESTER, Lord, 27.

DOVER, Treaty of, 180-181, 182, 222.
DOWER, 625, 645.
DOWNING, 176.

disputes as to, 95-96; freedom of,
231; rules as to, 245-246.
ELECTOR PALATINE, the, 15.
ELIOT, the first great Parliamentary
statesman, 105-106, 108; 27, 75, 77,
97, 98, 101, 122.
ELIZABETH, 10, 43, 97, 98; her eccle-
siastical policy, 122, 125.
ELLENBOROUGH, Lord, views as to con-
struction of Statute of Frauds, 394.
ELLIS, J., 504, 507.
EMLYN, Sollom, 590.
EMPLOYER AND WORKMAN, 347-349.
EMPLOYERS' LIABILITY, doctrine of, 268,
520, 636-637.

Enchiridion Legum, 601-602.
England's Balme (Shepherd), 415, 421-

422.

ENGLISH, ousts French as legal language,
571-572; legal proceedings in, 424.
ENTRY, right of tolled by descent cast,
625.
EPISCOPACY, party opposed to, 135-136;
political importance of retention of,
136; alliance of party in favour of
with the king, 136-138.

EQUITABLE ESTATES, liability of to
creditors, 386.

EQUITY, proposed reforms in Common-
wealth period, 417-418; development
of by Nottingham, 543-546; trusts,
641-644; married women, 644-645;
marriage settlements, 645-646; separa-
tion agreements, 646; marriage bro-
cage contracts, 646-647; restraints on
marriage, 647-648; infancy and guar-
dianship, 648-650; administrative
jurisdiction-accounts, 650-652, ad-
ministration of assets, 652-657; speci-
fic relief, 657-660; relief against
rigidity of law, 660-663; mortgages,
663-665; law of property, 665-668;
change in character of, 546-548, 668,
670-671; its good and bad effects,
670-671; relations with law, 668-670;

becoming a system of case law, 668-
670; Hale's mastery of, 581-582; the
literature of, 613-619.
EQUITY DRAFTSMEN, 446.

EQUITY PRACTICE, Nottingham's treat-
ise on, 543; books on, 615-616.
EQUITY OF REDEMPTION, the, 663, 664,
665.

EQUITY TO A Settlement, 645.

Equity Cases Abridged, 614, 618, 619.
ERLE, J., 379.

ERROL, earl of, 9.

FIRE OF LONDON, the, 177, 347-348.
FIRTH, Sir Charles, 140, 171, 174.
FISCAL QUESTIONS, at close of Tudor
period, 6; claim of crown to control,
40-49.

FISHING, encouragement of, 305, 315-
316, 425.

FIVE MEMBERS, the, 139.

FIVE MILE ACT, 198.

FLEET, Parliamentary control of the, 143.
FLEMING, C.B., 24, 464.

FLETA, 495, 637.

of, 408.

ET CETERA Oath, 134.
EVELYN, 501.
EVIDENCE, law of, 633-634; develop-
ment of by equity, 661-662; admis-
sibility of parol, 661-662; rules of and
the Statute of Frauds, 388-389; ex-
pediency of requiring written, 389-
390; statutes as to, 407.
EX OFFICIO ОATH, 113.
Examen, the (North), 620, 621.
EXCEPTIONS, bill of, 236.

EXCHEQUER, orders on made assignable,
338; stop of the, 526.
EXCHEQUER BILLS, 307.
EXCISE, the hereditary, 167; the tem-
porary, 253.

EXCLUSION BILLS, the, 185-189, 209, 248.
EXCLUSION CONTROVERSY, the, 277,
280, 525.

EXECUTORS, position of at common law,
391, 632; why rules as to were
developed by equity, 633; position of
in equity, 653-654; promises by, 391-
392.

EXECUTORS DE SON TORT, 411.

FOREIGN AFFAIRS, crown's power over,
44, 47; proclamations as to, 308.
FOREIGN ENLISTMENT, 308.

FOREIGN POLICY, its influence on con-
stitutional history, 164.

FOREIGN TRADE, continuity of policy as
to, 323; alterations in tariff, 325-326;
prerogative powers over, 326-327, 328,
334-336; effect of the Revolution, 333,
341.

of as to English

FOREIGN TRADE AND PLANTATIONS,
committee for, 320.
FOREIGNERS, opinions
constitution, 300.
FORESTALLING, 343, 346.
FORESTS, the, 114.
FORFEITURE, equitable relief against, 659.
FORM, equitable relief against defects of,
662.

FORMS OF THE HOUSE OF COMMONS, 91.
FORTESCUE, C.J., 436, 494.
FORTESCUE, B., 562.
Fortescue's Reports, 553, 562.
Foss, 514, 515, 577.
FOSTER, C.J., 500.
FOWLER, Richard, 462.

tical speculation, 292.

Experienced Secretary, the, 604.
EYRE, C.J., 556-557-

F

FAIR, franchise of, 327.

FAMILY LAW, development of by equity,
644-650.

-FANATICAL SECTS, law reforms proposed
by, 413.

FARRESLEY, Th., 556.

FIFTH MONARCHY MEN, 158, 184.
FIGGIS, 11, 12, 271, 279.
FILMER, 276, 282, 283, 292, 293; his
political theory, 277-279.
FINANCE, control of by House of Com-
mons, 250-254.
FINCH FAMILY, the, 539.

FINCH, C.J., 65, 66, 90, 107, 110, 291.
FINCH, HENEAGE, L.C., see Nottingham.
FINCH, HENEAGE, S.G., 222, 464, 511.
FINEUX, C.J., 218.

FRANCHISE, the, 157.
FRASER, 374.

FRAUD, 660; Statute of Frauds not to
be used to facilitate a, 393, 659.
FRAUDS, Statute of, enactment and
authorship, 380-384; contents of, 384-
387; relation to law of seventeenth
century, 387-392; its draftsmanship,
392-393, 396; its later history, 393-
397; indirect effect on doctrine of
consideration, 397; should be re-
pealed, 396; 642, 643, 658-659, 661.
FRAUDULENT DEVISES, statute of, 397-
398.

FREEMAN, R., 618, 619.

Freeman's Reports, 553, 558, 559, 562,
618.

FRENCH, lawyers need for knowledge of,
494-495.

FRENCH REVOLUTION, new modes of
political thought introduced by, 281.
FUNDAMENTAL RIGHTS, 157.
FYNGALE, Walter de, 459.

G

GAME LAWS, the, 403.
GAMING, Act against, 404.
GAOLS, the county, 407.

GARDINER, S. R., 16, 68, 110, 114, 136,

137, 141, 147, 153, 155, 158, 161.
General Laws and Liberties of the Mas-
sachusetts Colony in New England, 612.
GENERAL WARRANTS, 265.
GILBERT, C. B., 618.
GILDS, 331.

GILES, Jacob, 555-556.
GLANVIL, 495.

GLANVILLE, Serjeant, 224, 225, 574.
GOD, law of, 218, 219, 220.
GODFREY, Sir Edmund Berry, 184.
GODOLPHIN, 187.

GOLDSMITHS, the, 307.
GOOCH, 151.
GORING, 116.

GRAND REMONSTRANCE, the, 111, 119-
120, 137, 138, 139, 259.
Grandeur of the Law (Phillips), 612-613.
GREAT COUNCIL, meeting of at York,

109.

GREAT REBELLION, effect of on adminis-
tration of the Poor Law, 349-350; see
Civil War, Cromwell.
GREEN RIBBON CLUB, the, 623.
GREENLAND Co., the, 315.
GREENWICH HOSPITAL, 305, 314.
GREGORY, Serjeant, 255.

GRIMSTON, Sir Harbottle, 548-549.
GROTIUS, 290; translation of his book,
612.

GUARDIANSHIP, 648, 649-650.
GUILDFORD, L. K., see North, Francis.
GUNPOWDER, 314, 425.

H

HABEAS CORPUS, writ of, applied to
those committed by the Council, 112;
liability of judges who refuse to issue,
236.

HABEAS CORPUS ACT, passage of, 186-
187; James II. wishes for its repeal,
192; effective security for personal
liberty, 265; 214, 525, 539.
HACKNEY COACHES, 310.
HAKEWILL, 45, 46.

HALE, Sir M., his life, 574-576; his
character, 576-580; as an English
lawyer, 581-582; his constitutional
views, 204-205; his views on equity,
547; as a jurist and legal historian,
582-584; as a political thinker, 585;
his History of the Common Law,
585-587; his works on constitutional
law, 587-589; his History of the
Pleas of the Crown, 589-590; his
Analysis and Summary of Pleas of the

Crown, 590-591; his critical works, 592-
594; his works on the civil part of the
law, 594: compared with Coke, 594-
595; the modern note in his works,
595; 172, 199, 216, 222, 227, 228, 229,
423, 495, 496, 500, 501, 502, 637, 670.
HALE MSS., the, 583-584.
HALES, Christopher, 463.
HALIFAX, Marquis of, speech on the
Exclusion Bill, 106, 187; his charac-
ter of Charles II, 180; his "Letter
to a Dissenter," 193, 200; understands
theory of sovereignty, 280, 287; his
political creed, 287-288, 289; praise
of English constitution, 300; scep-
tical as to fundamental laws, 292; on
the state of the Bench, 508-509; 278.
|HALLAM, 67, 231.

HAMPDEN, 52, 53, 117.
HAMPTON COURT CONFERENCE, 126,

127, 129.

HANDWRITING, proof of, 634.
HARGRAVE, 561, 587, 594.
HARRINGTON, 149-151.
HATSELL, 253, 254.
HATTON, Charles, 529.

HEADS OF PROPOSALS, the, 146, 152-
153, 158.

HEATH, A. G., 464.

HEDGES, Sir Charles, 401.
HENRY IV (of France), 179.

HERBERT, C.J., 203, 223, 224, 225, 291,
509, 510, 515.
HERBERT, John, 460.

HERETICAL BOOKS, 361, 364.
HIGH CHURCH PARTY, 14.

HIGH COMMISSION, abolition of, 112;
restored by James II., 192-193; effect
of abolition of, 196; its control of
printing, 368; 165, 241.
HIGHWAYMEN, 310, 405-406.
HIGHWAYS, the, 310, 425.
HISTORY, political use made of, 291.
History of the Common Law (Hale), 585-
587, 592.

History of the Pleas of the Crown (Hale),
589-590, 629.

HITCHCOCKE, Thomas, 484.
HOBART, C.J., 464.

HOBBES, his philosophy, 294-296; his
political theory, 296-299; complete
divergence from older theories, 298-
299; later influence, 299; his theory
of sovereignty not generally grasped,
206, 275; views on finance, 252; use
of texts, 278.
HOLLES, 97.

HOLLOWAY, J., 510, 511.
HOLT, C.J., decisions in constitutional
cases--colonies, 264, slavery, 264-
265, general warrants, 265, freedom
of discussion, 266, remedies against
the crown, 266-268, privilege of Par-

JOURNEYMEN, difficulties with in the
printing trade, 367, 368, 369.
JUDGES, the, of Charles II. and James II.,
500-511; after the Revolution, 514-
523; control of by crown, 213;
tenure of office, 234, 501, 514; im-
munity of, 234-240; constitutional
effects of their independent position,
263; appointed serjeants pro forma,
478; their admission and discipline of
attorneys, 434-435, 436, 448; orders
as to exclusion of attorneys from Inns
of Court, 441, 443; orders as to moots
and readings, 482, 484-485, 487, 488-
489.

JUDGMENTS, foreign, 541.
Judicature of Parliament (Selden), 608.
JUDICIAL SYSTEM, perversion of royal
powers over, 213-216; legislation
against this, 232.

Judicium Criminis (Brydall), 605.
Jura Corona (Brydall), 608.
JURISDICTION, liability for acts done
without, 236, 237, 238-240.
Jurisdiction of the Lords' House (Hale),
587-588.

JURY, crown influence over impanelling,
214; no means of controlling verdicts
of, 388; statutes relating to, 409.
Jus Criminum (Brydall), 605.
Jus Imaginis (Brydall), 608, 609.
Jus Sigilli (Brydall), 608-609.
JUSTICES OF THE PEACE, supervision of
by Council, 56-57; work under judi-
cial forms, 59; effects of this, 59-60;
opposition to royal policy, 61-66;
assessment of wages by, 348.

K

Keble's Reports, 552, 557-558.

Keble, his edition of the statutes, 212-213.
Keck, 618.

Kelyng, C.J., 501.

Kelyng's Reports, 552, 560-561.
KENNET, North's criticism of, 621.
KENYON, Lord, on the Statute of Frauds,
395; 497.

KING, dual capacity of, 242-243; must
be a member of the Church of England,
241; relation to Parliament, 248;
looses control over finance, 251-254;
see Prerogative.
KING'S COUNSEL, rise of the order of,
472-475; duties of, 475; change in
position of, 475-476; effect on pre-
cedence in the legal profession, 477;
on the position of the serjeants, 477-
478; on the constitution of the Inns
of Court, 478-480; on legal education,
480-481, 490-491, 492.
KING'S EVIL, the, 309.
KIRK, the, 8, 9.

re-

LAW, Hobbes's definition of, 297;
forms proposed under Commonwealth,
412-423; see Commonwealth; rule
of, 59, 84, 162, 215, 243, 261; secured
by Revolution, 195; best security for
liberty, 262-263, 272, 514.

LAW AND EQUITY, their reciprocal in-
fluence, 547; relation between, 668-
670.

LAW DICTIONARIES, 612.

LAW OFFICERS, see Attorney-General,
Solicitor-General.

LAW SOCIETY, the, 443.

Law of Obligations and Conditions, 606.
Laws and Customs of Miners in the
Forest of Dean, 608.

Laws and Customs of Romney Marsh,
607.

LAWYERS, the, opposition of to theories
of absolutism, 282; hostility to the
Commonwealth, 422-423; attitude to
Restoration, 500; mainly Whig, 502-
503.

LEACH, 557, 559.
LEAKE, 395.
LEGACIES, 652-653.

LEGAL EDUCATION, 481-499; decline of
in early seventeenth century, 481-484;
attempts to arrest decline, 484-486;
breakdown of under Commonwealth,
486-487; disappearance of, 487-490;
reasons, 490-493; effects, 493, 497-
498; how want of was supplied, 493-
494; North's advice to students, 494-
498.

LEGAL HISTORY, books on, 610-611,
App. IV. (11).

LEGAL PROFESSION, the, ranks of, 431-
481; changes in lower branches of,
432-457; in higher branches, 457-
481; education of, 481-499; proposed
regulation of under Commonwealth,
420-425.

LEGISLATION, power of crown over, 31.
LENTHALL, Speaker, 90.
LEONARD, Miss, 350.