L'ESTRANGE, 372.
LEVANT CO., 43-44.
LEVELLERS, the, 155, 159.
Leviathan, the (Hobbes), 294-298.
LEVINZ, 233, 510, 511; his Book
Entries, 560.
Levine's Reports, 552, 560.
Lex Mercatoria (Malynes), 606.
Lex Spuriorum (Brydall), 607.
LORD HIGH STEWARD, trials in court of,
LORD'S DAY Observance ACT, 404.
LOTTERIES, 404.
185, 189-190, 193, 208, 300, 399, 429.
of LOUIS XIV., 164, 173, 179, 181, 182, 183,
LUCAS, 556.
LUDLOW, 261.
LUNATICS, 632.
LUTWYCHE, Th., 557.
LUTTRELL, 510.
LIABILITY, joint, and joint and several'
638; principles of, 636-637.
LIBEL, seditious, 214; effect on law of
expiry of the Licensing Act, 377; 361,
628, 637.
LIBERTY OF THE SUBJECT, limits of,
31-40.
LICENSING OF BOOKS, Star Chamber
Ordinances, 367-370; under the Com-
monwealth, 371-372; under the Act,
168, 372-373; after the Revolution,
374; objections to the Act, 375-376;
its expiry, 266, 376-377; effects, 377-
378.
LILBURNE, 159.
LITERATURE, legal, of the common law-
the Reports, 551-574; the law books,
574-613; of equity, 613-619; North's
books, 619-624.
LITTLE PARLIAMENT, legislative pro-
see Nominated
posals of, 415-421 ;
Parliament.
LITTLETON, B., 383, 384.
LITTLETON, S. G., 464.
Lives of the Norths, the, 620-621, 623.
LOANS, forced, 36, 37, 40-42, 63.
LOCAL GOVERNMENT, characteristics of,
55-59; ideas of officials of, 59-60;
officials unpaid, 60-61; opposition to
central government, 61-66; books on,
607-608, App. IV. (8).
LOCKE, his Treatises on Government,
284-286; justify the Revolution, 286-
287; theoretical objections to, 287;
practical influence of, 287-289; his
reasons against the Licensing Act,
375-376; 275, 279, 282, 292, 293, 299,
300.
LONDON, building in, 427; books on,
608.
LONG PARLIAMENT, 68, 99, 134; growth
of royalist party in, 111, 120-122;
impeachments in, 111; legislation of,
112-114, 135; religious differences in,
115, 121-122, 135-137; claims to guide
policy of the state, 115-120; final
causes of civil war, 137-138; why
opposition to crown got a majority,
139; purged by Pride, 146; assumes
the government, 146; aims of, 152;
refuses to dissolve, 146, 154; dispersed
by force, 147; dissolves itself, 148;
Acts of confirmed at Restoration, 165-
Lutwyche's Reports, 553, 555, 562.
LYNCH, Th., 612.
LYNOM, Th., 462.
MACAULAY, 67, 201, 374, 535.
MAITLAND, 586, 587, 637, 638.
MAJOR-GENERALS, the, 156, 159.
MALA, in se, 218, 219; prohibita, 218,
MALICIOUS PROSECUTION, 637.
MALLET, Th., 485.
MANBY, Th., his edition of the statutes,
312.
as to the
MANSFIELD, Lord, views
MANLEY, Th., 612.
Statute of Frauds, 394-395; compared
with Holt, 521-522; 264, 265, 636.
MANUFACTURES, encouragement of new,
MANWARING, 68, 130, 131.
MARITIME LAW, development of, 635.
MARRIAGE, statutes relating to, 410;
brocage contracts, 646-647; settle-
ments, 645-646, 648; general re-
straints on, 647-648.
MARRIED WOMEN, status of—at common
law, 632, in equity, 644-645.
MARSHALLING ASSETs, 656-657.
MARSTON MOOR, 143.
MARVEL, 160, 199, 256.
MARY, 183, 194.
MAY, Th., 71, 121.
MAYNARD, 511-514; 497, 564, 576.
MEDIEVAL POLITICAL IDEAS, influence
of, 290-291; decay of, 291-294; com-
pared with modern ideas, 292.
MELMOTH, 618.
MELVILLE, 11, 125.
under the Commonwealth, 418; de-
MERCANTILE LAW, changes proposed
velopment of, 634-636.
MERCANTILE MARINE, the, 316, 425.
court of Chancery, 651.
MERCHANTS, dissatisfaction with the
MERES, Sir J., 255.
MERGER, doctrine of, 543, 546, 662.
Method and Manner of Holding Parlia
ments (Elsynge), 608.
dent, 600.
Method of Pleading by Rule and Presi-
Methodus Novissima Intrandi Placita
Generalia (W. Brown), 600.
MIDDLESEX, earl of, impeachment of, 15.
MILITARY LAW, codes of, 226, 228, 229,
241; relation of to common law, 227-
229; earliest book on, 612.
MILITARY TENURES, abolition of, 166,
167, 397, 426, 540; incidents of, 625.
MILITIA, bill to give Parliament control
of, 140; Act as to, 167; reorganiza-
tion of, 314.
MILLENARY PETITION, the, 123.
MILTON, 360, 371, 374, 375, 376.
MINES, Royal, 330.
MINISTERIAL RESPONSIBILITY, to the
law, 101-103, 111, 267; to the House
of Commons, 118-120; for their sub-
ordinates, 267-268.
MINORS, made ineligible for House of
Commons, 245.
Mirror of Justices, the, 413.
MISTAKE, 660.
Modern Reports, 554, 555-557.
Natura Brevium (Fitzherbert) 500, 598,
613; Hale's notes on, 594.
NATURAL RIGHTS, 283-284; why con-
ception was needed, 283, 293.
NATURE, Law of, 218, 219, 220.
NAVAL DISCIPLINE, 226, 314.
NAVIGATION ACTS, of the Common-
wealth, 166, 425; of Charles II., 316-
318; beneficial effects of, 318-319;
effects on colonial trade, 321-322; pro-
clamations enforcing, 305.
NAVY, the, legislation to encourage, 314-
319.
NEGOTIABLE INSTRUMENTS, 520, 521-
522, 635.
NELSON, 556, 562, 617, 669.
Nelson's Reports, 617.
NEUTRALITY, obligations of, 308-309.
NEVILL, B., 510.
NEWARK, 210.
NEWFOUNDLAND FISHERY, the, 315.
NINETEEN PROPOSITIONS, the, 140, 259.
NOMINATED PARLIAMENT, the, 147, 154.
Modus Intrandi Placita Generalia (W. Non compos mentis (Brydall), 607.
Monasticon (Dugdale), 596.
MONEY BILLS, power of House of Com-
mons over, 250-251, 540; shifts to
advance or retard, 623.
MONK, General, 148, 161.
MONMOUTH, duke of, 185, 187, 191, 228,
229.
MONOPOLIES, 326-327, 330-331;
printing, relation to copyright, 365-
366, 373-374, 378.
MONSTRANS De Droit, 266.
MONTAGUE, Ralph, 185; Richard, 130,
131; C. B., 510.
MOOTS, 483, 488-489, 497.
MORALITY, offences against, 404, 424.
MORTGAGES, obligation to disclose prior,
398; equitable development of law of,
546, 663-665.
MORTMAIN, licences in, 398.
MUN, 357, 360.
NON OBSTANTE, clause of, 221 n. 2.
NONCONFORMISTS, legislation against,
197-199; attempts to modify, 199-
200; modified after the Revolution,
NON-JURORS, the, 279.
NON-RESISTANCE, doctrine of, 134, 202,
204, 209, 277.
NON-RESISTING TEST, the proposed, 182.
NORTH, Dudley, 357, 620.
NORTH, Francis, his constitutional views,
205-206; his work on the Statute of
Frauds, 381, 382, 383, 384; claim to
be made a bencher, 479; compared
with Somers, 530-531; career as
statesman, judge, and chancellor, 531-
535; supplanted by Jeffreys, 191,
534-535; opposed to abolition of the
military tenures, 610; 438, 439, 442,
447, 448, 464, 465, 478, 480, 498, 502,
506, 507, 515, 560, 576.
MUNICIPAL LAW, matters falling outside NORTH, Roger, his life, 619-620; list of
MUTINY ACT, the, 194, 314.
NARRATORES PRO REGE, 458.
NASEBY, 143.
NASSEFELT, William de, 459.
NATIONAL DEBT, beginnings of, 338
NATIVE INDUSTRY, continuity of policy
as to, 324; prerogative powers over,
327-328, 336-337; encouragement of,
328-331; measures to produce skill
and quality, 331-332; enforcement of
legislation as to, 332; effect of the
Revolution, 333; policy of protection,
339-341.
his books, 620; their historical and
literary interest, 621-623; his character,
620-621, 623-624; on the corrupti-
bility of members of Parliament, 212;
on absence of legal education, 489-490;
on the Readers' feasts, 491-492;
advice to law students, 494-498; his
account of his brother, 531, 544, 545,
549, 550; on Hale, 579-580, 581, 582;
389, 405, 437, 438, 439, 440, 442, 445,
448, 449, 474, 475, 476, 480, 505, 510,
512, 513, 526, 561, 564, 566, 571.
NORTH, Council of, 112.
NORTON, John de, 459.
NORWICH, 142.
Notes on Coke's First Institute (Hale),
594.
OFFICIALS OF THE COURTS, 409.
ONSLOW, Richard, 464.
OPPOSITION, rules of procedure
protect, 91.
OPTIONS, speculations in, 338.
ORANGE, the Prince of, see William III.
ORDER OF BUSINESS, right of the House
of Commons to settle the, 98-99.
ORDERS OF THE KING, said to justify
illegality, 215.
ORDINARY POWER OF THE CROWN, 44.
ORDONNANCES, the French, 301, 429.
Origines Juridicales (Dugdale), 596.
Origo Legum (Dawson), 612.
OSBORNE, Sir Th., see Danby.
OUTLAWRIES, reversal of, 406.
OXFORD PARLIAMENT, the, 188.
PALMER, Jeoffrey, 498.
PARDON, prerogative of, 217-218.
PARKE, B., 238.
PARKER, archbishop, 123.
PARLIAMENT, relation of to prerogative,
5-6, 20-22; position of in early seven-
teenth century, 82-122; compared
with that of the crown, 82-84; evolves
a theory of sovereignty, 84-87; pro-
cedure of, 88-92; privileges-nature of
93-95, contents of, 95-100, use made
of, 100; evolves theory of ministerial
responsibility, 101-103; work of the
Long, 111-115; claim to guide policy
of the state, 115-120; the Grand
Remonstrance, 120; growth of royalist
party in the Long, 120-122; effect of
Commonwealth period on position of,
162; changed position of after Res-
toration, 207-208; constitution of in
latter part of seventeenth century,
244-247; relation between House of
Commons and House of Lords, 247-
249; powers of, 249-254; procedure
and privileges of, 254-258; relation to
prerogative, 258-262; defects in re-
presentative system, 210-212; defects
in composition of, 212-213; judicial
powers of vested in the House of Lords,
249.
PARLIAMENTARY OPPOSITION, national
character of, 61, 80, 82; merits and
defects of, 103-107.
PART PERFORMANCE, doctrine of, 393,
658-659.
PARTITION, writ of, 398.
PARTITION TREATIES, the, 536.
PARTNERSHIP, 636.
PASSIVE OBEDIENCE, 202, 209, 277.
PATENT LAW, development of, 331, 425.
PASTON, John, 449.
PATERNOSTER Row, 363.
Patriarcha, the (Filmer), 277-278, 283.
PATTERSON, J., 567.
PAUPERS, status of, 353-354.
PEERAGE, 244, 245.
PEERAGE BILLS, 250.
PEMBERTON, C.J., 269, 503, 507, 511.
Penal Laws against Roman Catholics and
Protestant Nonconformists (Blacker-
ley), 611.
PENNSYLVANIA, 308.
PENALTIES, relief against, 663.
PEPYS, 305, 357, 537.
PERE LA CHAISE, 184.
PERPETUITIES, rule against, 543, 545,
627, 666; Bridgman's share in ascer-
taining, 537.
PERSON, offences against, 403-404.
PERSONAL PROPERTY, 666-668.
PETITION OF RIGHT, the, as to liberty of
the subject, 37-38; its declaratory
form, 39-40, 107; as to loans and
taxation, 42, 216; as to martial law,
54, 226.
PETITION OF RIGHT, a, 266.
PETITIONING, Act against tumultuous,
167; proclamations against tumultu-
ous, 304; Commonwealth legislation
as to, 426; clause of Bill of Rights as
to, 241.
PETTY, 358, 359; works on economics,
358-359.
PHILLIPS, Fabian, 610.
PHILLIPS, Sir R., 70.
PIGOT, 236, 237.
PIRACY, laws as to, 400-401; Common-
wealth legislation as to, 426.
PLACEMEN, attempts to exclude from
House of Commons, 213; exclusion
of, 231-232.
PLANTATIONS, see Colonies.
PLAYS, regulation of, 310-311; abolition
of under Commonwealth, 424.
PLAGUE, the, 177.
PLEADERS, the, 444-446.
PLEADING, statutes as to, 409; develop-
ment of law of, 570-571, 633.
PLEADINGS, oral and written, 444-445;
common and special, 445-446; ela-
boration of, 446.
PLUMPTON, Edward, 452; Sir R., 452.
POLITICAL LENT, the, 305, 315.
POLITICAL SPECULATION, in England
and on the Continent, 273-275; re-
ligious element in, 274-275; change
in character of, 275, 290-294.
POLITICAL THEORIES, influence of on
public law, 273-299.
POLITICAL TRACTS, the, 609-610, App.
IV. (10).
POLLEXFEN, 465, 511, 514, 561-562.
Pollexfen's Reports, 552, 561.
POLLOCK, Sir F., 543.
POOLEY, 618.
POOR LAW, the, breakdown of under
Commonwealth, 349-350, 426; Res-
toration legislation as to, 350-351;
law of settlement, 351-353; change in
status of the pauper, 353-354.
POPHAM, 45, 464.
POPISH PLOT, the, 183-184, 503, 505-
506, 533, 623.
PORRITT, 243, 255.
PORTIONS, raising of, 646.
PORTSMOUTH, duchess of, 187, 529.
POST OFFICE, the, 310, 324, 425.
POWELL, J., 222, 510, 511.
POWERS, relief against defective execu-
tion of, 662.
Powys, J., 267.
PRACTICE AND PLEADING, books on,
598-600, App. IV. (1).
Practick Part of the Law, the, 437, 598-
599.
Practical Register in Chancery, 616.
Practising Attorney, the, 437.
Praxis Alma Curia Cancellariæ, 616.
Praxis Utriusque Banci, 599.
Precedence, patents of, 476.
Precedents in Chancery, 618.
Preface to Rolle's Abridgment (Hale),
494, 587, 624-626.
Preparative to Pleading, A (Townsend),
Preparatory Notes Touching the Rights
of the Crown (Hale), 589.
PREROGATIVE, in Tudor period, 20-21;
in early seventeenth century, 20-29;
treatment of by royalist lawyers, 30;
as to legislation, 31; as to commit-
ments to prison, 31-40; as to matters
fiscal, 40-49; as to national defence,
49-54; control over local government
55-66; represents progressive views,
67-69; relation of to law, 69-70; to
Parliament, 70-72; strength and weak-
ness of, 72-82; national opposition
to, 61, 80, 82; in later seventeenth
century, 203-230; effect of the Revolu-
tion on, 230-243; contrast between
earlier and later seventeenth century
theories as to, 203-204, 207-208;
Hale's views as to, 204-205; North's
views, 205-206; strength of compared
with that of the Parliament, 208-209;
expedients used by Crown to win pre-
dominance for-theory of divine right,
208, advantage taken of defects of
Parliament, 209-213, control of the
Bench, 213-216, suspending and dis-
pensing powers, 216-225, control of
the army, 225-230; how these expedi-
ents were dealt with at the Revolution,
230-241; effects on legal conception
of the, 242-243; idea of an inseparable,
221, 224; compared with privilege,
257; to grant monopoly patents for
printing, 365-366, 373-374-
PRESBYTERIAN CHURCH, the, 8-9, 11.
PRESBYTERIANS, relation to Church of
England, 124-125; alliance with Par-
liamentary opposition, 110, 124, 128-
129; aims after the civil war, 144-
145, 152; political theories of, 283.
PRESS, control of by proclamation, 311;
history of regulation of, 360-379.
PRESSES, limitation of number of, 367-
368, 369, 372.
PRESTON, battle of, 145.
PRETENDER, the, 399.
PRICES, regulation of by proclamation,
306; by statute, 346; cessation of this
regulation, 346-347.
PRIDE, Colonel, 146.
PRIME MINISTER, A, considered by
Clarendon to be unconstitutional, 175-
176.
PRINTERS, the, relation to Stationers
Co., 363.
PRINTING, effect of on legal education,
482-483.
PRIVILEGES OF PARLIAMENT, import-
ance of, 92-93; nature and basis of,
93-95; contents of, 95-100; use made
of, 100; restricted by judges of late
seventeenth century, 214; position
after the Revolution, 256-258; rela-
tion to law, 268-272.
PRIVY COUNCIL, clause of Act of Settle-
ment as to, 232.
PRIVY COUNCILLORS, power to commit
to prison, 265.
PROBATE, grants of, 632, 652, 654.
PROCEDURE, amendments in made by
Statute of Frauds, 387; rules of
explain need for that Statute, 388-389;
proposed changes in under Common-
wealth, 419-420; civil-statutes as to,
407-409, Commonwealth legislation | RASTELL, his abridgment of the statutes,
as to, 427; criminal-statutes as to,
405-407, Commonwealth legislation Raymond's (Lord) Reports, 553, 555, 560.
as to, 427; simplification of, 626; of Raymond's (Th.) Reports, 552, 559-560.
READERS, difficulty of finding, 484.
equity becomes fixed, 668.
PROCEDURE OF THE HOUSE OF COM- READERS' FEASTS, the, 491-492.
READINGS, decline of, 482, 484, 488-489.
MONS, 88-92, 255-256.
REAL ACTIONS, decline of, 625-626, 628.
PROCESS, Statutes as to, 407-409.
426.
PROCLAMATIONS, extent of prerogative RECLAMATION OF WASTE LAND, 345,
to issue, 31; place of in late seven-
teenth century, 303-304; as to national
defence, 304-305; as to industry and
commerce, 305-307; as to the colonies,
307-308; as to foreign affairs and in-
ternational law, 308-309; as to social
life, 309-310; as to roads and building,
310; as to plays, 310-311; as to the
Press, 311; as to the coffee-houses,
311-312.
Prolegomena, the (Nottingham), 542-543.
PROMISSORY NOTES, Holt's views as to,
521-522; 635.
PROPERTY, offences against, 402-403.
PROTECTION, policy of, 306, 321, 328-
330, 425; difference between Whigs
and Tories as to, 339-340.
PROTHERO, 15.
PROTHONOTARIES, the, 436; pleadings
entered in their offices, 445.
PROVINCIAL COUNCILS, the, relation to
local government, 56.
PRYNNE, 291; on legal education, 487-
488.
PULTON, his edition of the statutes, 312;
his abridgment of the statutes, 313.
Pur Autre Vie, legislation as to estates,
386-387, 397.
PURITANS, the, 13, 14.
PURVEYANCE, 167.
PYM, his character and career, 108-110;
38, 68, 77, 101, 116, 117, 118, 130, 136,
138, 140.
QUAKERS, the, 198; relief for, 200-201.
QUANTUM MERUIT, action on a, 639.
QUASI-CONTRACT, 521; growth of con-
ception of, 637-640.
QUO WARRANTO PROCEEDINGS,
Charles I.'s reign, 57; in Charles II.'s
reign, 210-211; against the City of
London, 503-504, 507, 510, 516, 566-
567.
RAINSFORD, C.J., 504, 507.
RAITHLY, 618.
RANKE, 191, 193.
RECOINAGE, the, 325.
RECORD, courts of, 235.
RECORDS, sanctity of, effect on position
of the judges, 235-236, 237.
SEATS IN
HOUSE OF COMMONS, 157.
REDISTRIBUTION
REDLICH, 89, 90, 91, 252.
REEVES, 586.
REFORM ACT (1832), 67.
7-8; effect on the dispensing power,
REFORMATION, the, effect on Scotland,
219-220; political effects of, 290.
REGICIDES, the, 169-170, 261.
of
Register of Writs, the, 613.
REGISTRATION, of births, 410, 427; of
books by Stationers Co., 364
conveyances, 594; of titles, 532, 627.
REGRATING, 343, 346.
Regula Placitandi, 600.
RELIGION, difficulties at close of Tudor
period, 6; effect of in dividing the
Long Parliament, 121-122; effect of
on the constitutional controversies-of
early seventeenth century, 122-138, of
later seventeenth century, 163; settle-
ment of at Restoration, 171-172;
offences against, 404; influence of on
political theory, 282-283; Hobbes's
views as to relation of the sovereign
to, 298.
666.
REMOTENESS, rule against, 543, 545, 627,
RENAISSANCE, political effect of, 290.
REPLEVIN, action of, 409.
REPORTING CASES, a part of legal edu-
cation, 496-497.
REPORTS, the common law, 551-574;
Table of, 552-554; retention of older
characteristics, 555-559; improvement
of, 559; reporters who were judges,
559-563; others, 563; Saunders'
Reports, 563-564, 567-571; gener-
ally written in English, 571-572; re-
ports of House of Lords cases, 572-
573; none of Admiralty and Eccles-
iastical cases, 573; the equity reports,
616-619.
Reports of Cases in Chancery, 616.
Reports t. Finch, 617.
REPRESENTATIVE SYSTEM, defects of,
210-212, 246-247; effect on the rela-
tion of the two Houses, 249.
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