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thinges or not to understand their own purposes and intentions in Matters of So greate Moment as Warr and Supply.

And therefore they write and Speake att randome that tell us the 2 most Eminent Kinges of this Realme Ed. 3 and Henry 5 tooke the greatest freedome in Impositions upon their Subjects. For he that is but little Conversant wth the Parliamt Rolls of the Historyes of those Kinges will finde that tho' they did greate thinges yett was their Warrs and Armies maintained by Parliamentary Supplyes, and those Kinges had the fewest of Arbitrary Impositions of any that preceded or Succeeded them etc. . . .

VOL. V.-33

INDEX

The titles of books contained in this Index are printed in Italics

A

ABBOTT, Archbishop, 13.

Abridgment of Records (Prynne), 406.
Abridgment of All Sea Lawes (Welwod),

II.

Abridgments, of the Year Books, 374;
later abridgments, 376-377; made by
students, 378; see Rolle's Abridgment.
Abuses and Remedies of the High Court
of Chancery (Norburie), 271-272.
ACCIDENT, 293, 326, 328.

ACCOUNTS, commercial cases involving,
139; cases of, in the Court of Chancery,
288.

ACCURSIUS, 57.

ACCUSATIONS, malicious, 204.
Acta Cancellaria (Monro), 264.
ACTIO PERSONALIS, etc., 207, 210, 419.
ACTION, forms of, influence of on com-
mon law and equity compared, 278-
279.

ACTION ON THE CASE, for words, 205-
207.

ACTIONS, local and transitory, 118, 140-
141.

Actions for Slander (March), 393, 397.
ADELMARE, Cæsare, 6.
ADEMPTION, 320.

ADMINISTRATORS, see Executors.
ADMIRALTY, the, 127; records of, 127-
128; see Black Book of the Admiralty.
ADMIRALTY, the Court of, encroach-
ments of on local maritime courts, 120,
125, 152; why it assumed a commer-
cial jurisdiction in the Middle Ages,
128; signs of conflict with common
law courts, 128-129; statutory addi-
tions to jurisdiction of, 135; records
of, 137-138; reports of cases in, 138;
its commercial jurisdiction in sixteenth
century, 138-139; its procedure, ibid. ;
attack on, by common law courts, 143;
attempted compromise, ibid., 153;
defects of, as a commercial court, 152-
153; history of, in England and
France compared, 101.
Advancement of Learning, the (Bacon),
241.

Advocationis Hispanica Duo Libri
(Gentili), 52, 53.
AFFRAYS, 200.

AGENCY, law of, 297-298, 418.
ALCOCK, 218.

Aleyn's Reports, 363.
ALFORD, 445.

ALLEGIANCE, temporary, 49.
ALURED, 453.

AMBASSADORS, status of, 40-41; cases
as to status of, 45-46.

Amendment of the Laws (Hale), 484.
AMES, 308.

ANALYTICAL JURISTS, the, their criticism
of Coke, 480-482.

ANDERSON, C.J., 349, 423.
Anderson's Reports, 362, 365.
Animadversions upon Coke's Fourth
Institute (Prynne), 406.
ANSALDUS, 76.

ANSWER, the, in the Star Chamber,
180.

ANTIQUARIAN SOCIETY, the, 402.
ANTONIO DON, his claim to the Throne of
Portugal, 45.

APPEALS, Henry VIII's statute of, how
interpreted by the common lawyers,
431-432.

APPEALS OF FELONY, 413.
APRISE, the, 172, 173.
Aquinas, 30.

ARBITRATION, in international disputes,
37; in mercantile cases, 130.
Archeion, the (Lambard), 166.
ARMS, lawful and unlawful, 34.
ARRAS, treaty of, 37.
ARREST, warrants for, 191.
ARTS (the Italian), see Gilds.
ASHBURNER, 77, 100.
ASHE, Thomas, 374; his tables to and
abridgments of some of the reports,
374-375.

ASSAULTS, 199, 290.
ASSEMBLY, unlawful, see Unlawful As-
sembly.

ASSENT, the executor's, 317.
ASSETS, administration of, fifteenth and
sixteenth centuries, 288-289; six.
teenth and seventeenth centuries, 31-6

320; equitable modifications of com- | BATESON, Miss, 105, 114.
mon law rules, 316-319; of rules of BATTLE, trial by, 413.
the ecclesiastical courts, 319-320;
marshalling of, 318-319.
ASSIGNMENT OF CHOSES IN ACTION, 299,
334-335.

ASSUMPSIT, development of the action
of, effect on commercial jurisdiction of
common law courts, 117, 143; effect
on the development of equity, 294,
295, 298, 299, 301.

ASSUMPSIT, liability of executors to be
sued by action of, 419.

ATTAINT, writ of, evidence needed to
support, 420.

ATTEMPTS to commit crimes, 201, 203.
ATTORNEY-GENERAL, the, generally
raised to the bench, 341.

Attorney's Academy, the (Powell), 274,
381.

Attorney's Almanack, the (Powell), 381.
AUBREY, Dr., 6, 7, 46.
AUBREY, John, 406.

AUDITA QUERELA, writ of, 230.
AUDLEY, 224, 225.
AUGUSTINE, St., 29.
AUSTIN, 481, 482, 485.
AVERAGE, 85, 144.
Azo, 269.

B

BACON, Francis, the variety of his
achievements, 238-240; the man, 240-
246; the jurist, 246-250; the chan- |
cellor, 251-254; his character con-
trasted with Coke's, 434-435; his esti-
mate of Coke's character, 436-438;
his summary of the defects of the com-
mon law, 485-486; his proposals for a
restatement of English law, 486-489;
his reading on the statute of Uses, 394,
395-396; his scheme for a book de
regulis juris, 398; his Maxims, 398-
399; other references to, 17, 150, 201,
224, 226, 233, 271, 300, 307, 342, 376,
377, 445, 472, 478.

BACON, Nicolas, 178, 224, 231, 342;
227-229.

Bacon's Abridgment, 377.
BAIL, release on, 190-191.
Bail and Mainprize (Coke), 460.
BALANCE OF POWER, the, 38, 41.
BALDUS, 52, 134.
BAN ROYAL, 87.
BANCROFT, Archbishop, 20, 22, 429, 430.
BANKING, 72, 73, 84, 91, 97.
BANKRUPTCY, law of, 84, 98, 135, 137,
139, 492; jurisdiction in, 150.
BARBOUR, 263, 286, 293, 294, 299.
BARCELONA, 70; maritime courts of, IOI.
BARTOLUS, 45, 52, 57, 76, 126, 134.
BASILICAS, the, 76, 77.
BASLE, Council of, 37.

|

BEAUFORT, Sir Thomas, 127.
BEAUMONT, M. R., 260.
BECCARIA, Raymond de, 9.
Bellewe's Reports, 358.
BEN JONSON, 247, 411.
BENET, 259; impeachment of, 445.
BENEVOLENCES, Coke's views as to, 427,
476.

Benloe and Dalison's Reports, 363, 365,
368.

Benloe's Reports, 362, 365.
BENTHAM, 455, 485.
BERNARD, Richard, 9.
BESANCON, the fairs of, 91.
Bible Battels (Bernard), 9.
BILL, the, in the Star Chamber, 178-179;
in the Chancery, 285.
BILLBROKING, 72.

BILLS OF EXCHANGE, 73, 97, 144.
Black Book of the Admiralty, 120, 123;
contents of, 125-127.

BLACKSTONE, 20, 22, 396, 399, 401, 404.
BLOCKADE, 35.

BONA FIDE PURCHASERS, recognition of
the title of, 99, 104-105, 110-III.
BONET, Honore, 36.

BONNER, Bishop, 5.

Books, Star Chamber, control of, 208.
BOOTY, rules as to distribution of, 34.
BOROUGH (or BURROUGHS), Sir John, 10,
43.

BOROUGHS, the, commercial law in, 104-
106.

BOTTOMRY, 144.

BRACKLEY, Viscount, see Ellesmere
BRACTON, 168, 216, 269, 378, 392, 430.
BRETIGNY, Treaty of, 37.
Brevia Judicialia (Brownlow), 380.
BRIAN, 473.

Bridgman's (Sir J.) Reports, 360.
Brograve's Reading, 394-395.
BROKERS, in fair courts, III.
BROMLEY, Sir Th., L.K., 224, 300; 229-
300.
BROMLEY, J., 348.
BROOKE, 141, 145.
Brooke's Readings, 394.
Brooke's New Cases, 276, 358.

BROWN, W., his precedents of pleadings,
385.

BROWNLOW, Richard, 380, 385.
Brownlow and Gouldesborough's Re-
ports, 360, 371.

BUCKINGHAM, the duke of, 7, 254, 255,
353, 442, 446-447, 448, 449, 450, 453.
BUDÉ, 274.

Bulstrode's Reports, 361, 365.
BURGHLEY, 231, 238, 425.
BURGUNDY, the duke of, 37.
BURH, the, 103.

Burrows' Reports, 373.

C

CÆSAR, Dr. Charles, 260, 261, 353;
Dr. Julius, 6, 7, 12, 46, 139. 261.
Calthorpe's Reading on Copyholds, 394.
Calthorpe's Reports, 360, 365.
CAMDEN, 228, 229, 230.
CAMPSORES, see Money-Changers.
CANCELLATION OF DOCUMENTS, 293.
CANON LAW, discouragement of, 12;
influence of, on commercial law, 76, 79-
83; influence of, on equity, 222, 260,
261, 267-269; influence of, on the
theory of contract in the medieval
Chancery, 294-297; this theory aban-
doned by the Chancery, 321-322.
CAPITAL PUNISHMENT, Star Chamber
could not award, 188; reason for this,
188-189; effects, 189.
CAPITULATIONS, the Turkish, 42.
CAREW, Mathew, 259, 266; George,
259, 277.

CARGO, damage to, 122; care of, 124.
CARNE, Dr., 6.

CARRIAGE BY SEA, the contract of, 85,
122, 124.

Carta Fadi, the, 388.
Carthew's Reading, 395.
CARY, 227.

Cary's Reports, 277.

CASE, action on the, 301, 416-417.
CASES, authority of, in the Chancery,
275-276; effects of, on development
of equity, 337; growth of authority of,
in common law courts, 372-373;
approved by Bacon, 486.
CAUSA, the canonist idea of, 294-295.
CECIL, 187, 227, 348.

CERTIORARI, the writ of, 300.
CESTUIQUE USE, the interest of the,
334.

CHAMBERLAIN, 440-441.

CHAMPAGNE, the fairs of, 91, 92, 94,
116.

CHAMPERTY, 201.

CHANCELLORS, the, change from eccle-
siastics to lawyers, 218-220, 222-223,
224-227; effects of this on develop-
ment of equity, 275.
CHANCERY, the Court of, commercial
jurisdiction of, in the Middle Ages,
116-117, 119-120, 128; commercial
jurisdiction of, in the sixteenth century,
139-140; question of giving it a Bank-
ruptcy jurisdiction, 150; effect of its
commercial jurisdiction on its treat-
ment of choses in action, 335; criminal
jurisdiction of, in Middle Ages, 289-
291; criminal jurisdiction of, in six-
teenth and seventeenth centuries, 300;
equitable jurisdiction of, see Equity;
proposed Act to reverse decrees made
in, 445; records of the, 262-263; pro- |

cedure of, see Procedure in Chancery;
process of the, 161, 335-336.
CHANCEY, 431.

CHARITABLE TRUSTS, 304-305.
CHARLES I., 8, 11, 49, 447-448, 452, 453;
his fears of Coke's influence, 454-455.
CHARTERPARTIES, 144.

CHATTELS, ownership of, 298-299; speci-
fic relief in cases connected with, 324.
CHIVALRY, the institution of, 33-34.
CHOLMLEY, C.J., 349.

CHOSES IN ACTION, treatment of, by the
common law, 334, 418; by the court
of Chancery, 299, 334-335; assign-
ment of, 202, 299.

Choyce Cases in Chancery, 274, 277.
CHURCHILL, John, 245.
CINQUE PORTS, the, 120.
CIVIL LAW, evidence as to rules of, in
common law courts, 147.

CIVILIANS, the administrators, lawyers
and judges, 4-8; the writers, 8-25;
employment of, in the Chancery, 225,
257-260; their training compared
with that of the common lawyers, 16-17.
CLARENDON, 227, 255, 256, 261, 342,
344, 345, 352, 354.

Clayton's Reports, 360, 365.
CLEMENT V., 82, 83.

CLOGGING THE EQUITY OF REDEMPTION,
331.

CODIFICATION, Bacon's views on, 486-
487.

CO-EXECUTORS, their rights inter se, 317.
COKE, career and character, 425-456;
before 1606, 425-428; as a judge, 428-
441; period of hesitation, 442-444; as
a leader of the Parliamentary opposi-
tion, 444-456; his writings, 456-490;
his literary equipment, 457-459; his
Readings, 460; his shorter tracts,
460; his book of Entries, 461; his
Reports, 461-465; his Institutes, 466
471; why his works were accepted as
the basis of the modern common law,
471-472; criticisms of, by historians,
472-478; he is a lawyer of the his-
torical school, 478-480; criticisms of,
by analytical jurists, 478-485; see
Hobbes and Hale; merits of his
writings, 489-490; his influence on
future development of English law,
490-493; his character contrasted with
Bacon's, 434-435 ; illustrated by a
letter addressed to him in 1616, 441-
442; his chapter in the 4th Institute
on the Star Chamber, 167; other
references, 7, 22, 45, 46, 57, 143, 145,
159, 160, 183, 185, 192, 195, 198, 199,
204, 206, 208, 210, 211, 217, 224, 229,
232, 234, 236, 239, 245, 247, 271, 339,
342, 343, 345, 347, 351, 353, 368, 372,
377.

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