ABSOLUTE, meaning of the word, 129
sqq., and notes, 142.
Act of settlement, 77.
Aid, 59.
Analytical school of English jurispru-
dentes, 383, 384.
Army, their view of the fundamental
law, 91.
Articles exhibited by the Clergy to
the Privy Council temp. James I,
282 n.
Arundel, Archbishop, 69, 70.
Ashby v. White, 236 sq.
Assemblies, on the Continent, lost
their feudal traditions, 321; colonial,
had no higher legal status than an
incorporated village, 365.
Assize, 44, 131; possessory assizes,
178 n. 2; of Darrein Presentment,
44; of Novel Disseisin, 44, 262 sq.;
the word, 169, 283 sq.; distinguish-
ed from "laws," 284; its temporary
character, 284; may be set aside by
the judges, 284 and note; of Meas-
ures, 284 n. ; of Mort d'Ancestor, 285.
Atkyns, Sir Robert, his argument in
defence of Sir William Williams,
242 sqq.; on the dispensing power,
Attainder, Bill of, 224 sqq.; St. John
on, in the Earl of Strafford's Case,
151 sqq.; opinion of Henry VIII's
judges on, 225.
Atterbury, Bishop, 224, 229 n.
Audita Querela, Writ of, 254, 255 sq.
Auditor. See Petitions, Triers of.
Aula, 30 n.
Austin, John, 259 n., 329; his concep-
tion of law, 144; on fictions, 266;
his theory based on the dismem-
bered state of the seventeenth cen-
tury, 374.
Australia, federal constitution of, 369.
Award of Parliament, 114, 205, 216
sqq.
Aylesbury Men, Case of (Regina v.
Paty et al.), 241 sq.
BACON, Francis, Lord Chancellor, 193,
335; on Magna Charta, 64 sq.; on
new laws, 73; on the jurisdiction of
the courts of common law, 292 sqq. ;
on prerogative, 295 sq., 348 sq.;
warns James I against the "Great
Contract," 370.
[193.
Bacon, Nathaniel, 154, 172, 173 n.,
Bagehot, Walter, 128, 167; on prero-
gative, 381 n.
Bagg's Case, 292 sq., 316.
Barons, relations of the King with, in
England, 9 sq., 15; loyalty to their
order rather than to their country
their main motive, 15 sq.
Barrington, Daines, on the obnoxious
activity of lawyers in Parliament,
Bate's Case, 316.
Battle, wager of, 131.
Becket, Thomas, Archbishop of Can-
terbury, 13; and the Constitutions
of Clarendon, 45 n.
Bentham, Jeremy, 105, 266.
Berkely, Sir Thomas, Case of, 184 n.
Berkley, Sir Robert, his opinion in
the Case of Ship-Money, 149.
Bernardiston v. Soame, 222.
Bible, occurrence in the various Eng-
lish versions of the word "judge-
ment," 171.
Bigamy, statute of, 115.
Bill of Middlesex, 213.
Bills, substituted for petition, 209;
their "judicial" character, 209 sq.;
conclude with a prayer, 212.
Bills, private, 142, 218 sqq.; proce-
dure on, 222 sq.
Blackstone, Sir William, 311 n.; and
the Cabinet, 127; on legislative
sovereignty, 141; on statutes im-
possible of performance, 275; on
void statutes, 308 sq.
Bodin, Jean, 373 sq.
Bonham's Case, 147, 286.
Bracton, his enumeration of the
courts, 19, 20 n.; on fundamental
law, 66, 101 sqq.; on the jurisdic-
tion of Parliament, 248.
Brady, Robert, on the Norman mon-
archy in England, 7, 11; on the
composition of the early Parlia-
ments, 28.
Brenchley, William, 39.
British Empire, legal theory of, con-
trasted with actual conditions, 367
sqq.; too extensive for the existing
theory of parliamentary sovereign-
ty, 369; sovereignty in, 390 sqq.
Bryce, James, his distinction between
legal and political or practical sov-
ereignty, 379 sqq.
Burgesses, summoned to Parliament,
21; their relations with the King's
Council in his Parliament, 25;
their part in Parliament's "judi-
cial" business, 25 sq.
Burials, the use of torches, tapers,
etc., at, 280.
Burke, Edmund, on parliamentary
reform, 377.
CAMDEN, Charles Pratt, Lord, 176
[a court, 122.
n., 309 n.
Camden, William, on Parliament as
Canon Law, and common law, 272,
277; Sir T. More on, 278 sq.
Canterbury, Archbishop of, 281.
Cartwright, Thomas, on Parliament
as a court, 121.
Castile, King of, his suit against the
King of Navarre in the Court of the
King of England, 111 and note.
Cessavit, Writ of, 297.
Chancellor, 252. See Chancery.
Chancery, Court of, 38, 200, 250 sq.,
293; its relation to the Council in
early times, 18 n.; its relation to
Parliament, 115 sq., 132 sqq., 250
sq.; jealousy of, in Parliament, 213
sq.; clerks of, 210 n., 252, 254;
Masters in, 210 n. See Chancellor.
Charlemagne, 10.
Charles II, his secret dealings with
Louis XIV, 371 sq.
Charters, 46; of Henry I, 46 n.; of
Stephen, 46 n.
Of the Forests, 65; not on the
Statute Roll, 314.
Colonial (royal), made to do duty
as constitutions, 358 sqq. ; rigid in-
terpretation of, 361; (proprietary)
363 sq.; made an instrument of
government, 364.
Municipal, 362 and note.
See Magna Charta.
Chatham, William Pitt, Earl of, 318.
Checks and balances, 372; in Amer-
ica, 385.
Church, the, 272; law of, to prevail
over statutes in ecclesiastical mat-
ters, Sir T. More's view, 278 sq.;
view of some churchmen of the pre-
sent day, 281 sq.
Church of England, 73; not separate
in organization in the middle ages,
13 and note.
Clarendon, Assize of, 284.
Clarendon, Constitutions of, 45 and
note, 48, 111 and note.
Clarendon, Edward Hyde, Earl of,
on the meaning of "jurisdiction,'
170; on Strafford's trial, 225 (and
note) sq., 306; his trial, 226 sq., 247 ;
on parliamentary privilege, 240 sq.;
on prerogative, 349.
Clopton, Walter, Chief Justice of the
King's Bench, 40.
Coke, Sir Edward, 147 sqq., 194, 247,
265 sq., 271, 274 sq., 286 sqq., 300,
312, 335; on Statute of Gloucester,
48; as the "discoverer" of Magna
Charta, 58 n.; on Magna Charta,
64 and note; on statutes and the old
law, 73 sq., 74 n. ; his quarrel with
James I, 75 sq.; on the common
law, 80; on the fundamental law,
82, 83 sq.; on Parliament as a court,
139 sqq.; on the Commons as a
court of record, 235; on the ex-
clusion of lawyers from Parliament,
214 sq.; on lex parliamenti, 233 sq.;
his account of the evasion of the
Statute De Donis by the judges,
267 n. ; on declaratory statutes, 268,
270; on the statute of 3 H. VII or-
ganizing the Court of Star Cham-
ber, 270 sq.; on declaring statutes
void, 276, 286 sqq.; on Sir T. Tre-
gor's Case, 286 sqq., 296 ; on Cessa-
vit, 297; on statute 11 H. VII for
determining cases on mere informa-
tion, 301; on ordinance and statute,
314.
Colloquium, 28, 112.
Colonies, American, their growth to
maturity in the eighteenth century,
359; ministerial ignorance of, 359
sq.; their growth divergent from
England's, 360; their demand for
recognition, 360; their retention of
the ideas prevalent under the Tu-
dors, 386 sq., 386 n.
Self-governing, their relations
with Parliament, 366 sqq., 390 sqq.
Comminaltie de la terre, 104. See Com-
munities of the Land.
Commissioners, Lords', on the Dig-
nity of a Peer, 48 sqq.
Common recoveries, 267 (and note) sq.
Commons, House of, 21 sqq., 38.
Its functions as a part of Parlia-
ment, 26, 190 sqq.; Prynne on, 191
sqq.
As a court of record, 139, 234 sq. ;
as the Grand Inquest of the Nation,
187 sqq.; its judicial character in
impeachment, 187 sqq.; its dealings
with petitions, 202 sqq., 219; its re-
nunciation of judicial power, 203;
not necessary for a "full" Parlia-
ment, 216; privileges of, 230 sqq.;
fines and imprisonment for a defi-
nite term imposed by, 235; its share
in Parliament's jurisdiction, 244; its
corruption and irresponsible char-
acter in the eighteenth century,
376.
Commonwealth, the Tudor, 336 sqq.,
340 n.,378.
Communities of the Land, their re-
lation to Parliament, 208 n.
Concilium, 17 and note.
Confirmatio Cartarum of 1297, 49.
Conseil d'Etat, 319, 320 and note.
Conservatism, of the English people,
its merits and defects, 378.
Consimili Casu, Writs in. See Writs in
Consimili Casu.
Constitution, English, unbroken his-
tory of, 8; its framework complete
by the fourteenth century, 38; ef-
fect of precedent in the development
of, 146; its character under the Tu-
dors, 342; its silent steady growth,
358 sq.
Roman, its break-down under the
Republic, 365.
Written, effect of, on power of ju-
dicial review, 5 sq., 323; reasons for
absence of, in England, 61 sqq.; in
England during the Interregnum,
Contract theory of government, 347.
Convention, 140.
Conventions of the Constitution, 188.
Cosin, Richard, on Parliament as a
Cotton, Sir Robert, 194; his view of
the reasons for first summoning the
Commons to Parliament, 183 n.
Council, 15, 27 n. 2, 32, 35, 38 and note,
48 and note, 201, 293; its varied
functions, 16, 30, 134 sq.; its rela-
tion to Parliament and the other
courts of the King, 17 sqq., 23 sqq.,
28, 132 sqq., 320, 332; its composi-
tion in early times, 22 sqq.; its part
in the "judicial" business of the
Parliament, 25 sq.
Judges in, 31 sqq., 39 sqq.;
Prynne's views, 33; their oath, 34
sq.; their importance, 35 sqq.
Its jurisdiction and that of the
House of Lords, 32 sq., 33 n. ; esti-
mate of, by Queen Elizabeth, 37; its
importance in the Tudor and Stuart
period, 37 and note; laws declared
in, 45; its activity in the Tudor pe-
riod, 136, 319; its relation to trial by
jury, 183 sqq., 251 sq.; its relation
to the Triers of Petitions, 201 sqq.,
254; jealousy of it in Parliament,
212 sq., 216 sq.
Courts, their commanding position in
England, as compared with the
Continent, 321.
In the United States, have re-
tained much of their ancient indefi-
nite power, 323, 385 sqq.
In England, before the civil wars
of the seventeenth century the
courts still had much of their me-
diaeval "jurisdiction," 323, 385 sq.
The King's Courts, encroachment
of, on the manorial and communal
courts, 43 sq.; relations to Parlia-
ment, 113 n., 119 sq.; jury trial in,
174 sqq.; their limited power of in-
itiative, 200; relation to the Triers
of Petitions in Parliament, 202.
Courts of common law, their
"legislative" functions, in Tudor
and early Stuart times, 134 sq., 258
sqq., 267 n., 292 (Bagg's Case); de-
scended from the ancient Curia,
295, 322; their jealousy of the
Council, 320.
"Prerogative Courts," their
struggle with Parliament in the
seventeenth century, 295.
Court of Common Pleas, 286 n.;
its relation to the Council in early
times, 18 (and note) sq.
Court of King's Bench, its rela-
tion to the Council in early times,
18 (and note) sqq., 23 sqq.
Court of Exchequer Chamber,
act of 1585 concerning, 132.
The word, 119, 126. See Curia.
See Chancery, Court of; Star
Chamber, Court of; Council; Par-
liament.
Crawley, Sir Edward, his opinion in
the Ship-Money Case, 304.
Croke, Sir James, 261.
Cromwell, Oliver, on the fundamental
law, 86 sq., 91; on Lilburne's Trial
in 1649, 89.
Cromwell's Case, 297 n.
Curia (the word), 29 sq., 30 n., 111
and note.
Curia Regis, 26; under the Norman
kings in England, 7, 8 sq.; the pa-
rent of all the courts in England,
including Parliament and the Privy
Council, 295, 321.
Customs, 96 sqq., 131; declared in
feudal courts, 44; declared in the
King's Council, 45; the basis of
mediaeval law, 46 sqq., 51 sq.;
Filmer on, 96; in relation to the law
of reason, 106 sq.; special, method
of proving, 175.
Customs revenue, 316.
Darrein Presentment, Assize of, 44.
Day v. Saradge, 306.
[273.
De Asportatis Religiosorum, Statute,
De Donis Conditionalibus, Statute,
74 n., 267 and note; doubt as to
its being a statute, 314.
De la Pole, Michael, Chancellor, im-
peachment of, 39; Selden's opinion
concerning, 40.
De Tocqueville, on the Supreme Court
of the United States, 3 sq.
Declaration of May 27, 1642, by
Parliament, assuming sovereignty,
389 sq.
Delaware, basis of William Penn's
government in, 364.
Delegation of power by Parliament,
Denman, Chief Justice, on the nature
of parliamentary privilege, 245.
Dicey, Professor, on federalism and
litigation, 3 sqq.; on the relations
between kings and their assemblies
in feudal times, 9 sq.; on “secon-
dary "legislation in England and on
the Continent, 334 sq.
Digby, George, Lord Digby, Earl of
Bristol, his speech on Strafford's
Attainder, 153, 225 sq.
Dispensing power, 310 sqq.
Divine Right of Kings, 75 sq., 370;
origin and growth of the theory in
England, 345; necessity for the the-
ory, 345 sq.; results of the theory,
346 sqq.; statement of, by James I,
347 sq.; placed the King outside the
commonwealth and split up the body
politic, 371; its contribution to po-
litical theory, 373; the forerunner
of parliamentary sovereignty, 378.
Doctor and Student, 105 sqq.; on the
relation of statutes to the customary
law, 72; on common recoveries, 268
n. ; on void statutes, 279 sqq., 300.
Doddridge, Sir John, on Parliament
as a court, 122.
Droit Administratif, 317 sqq., 334 sq.
Dugdale, Sir William, 250.
ECCLESIASTICAL Discipline, Royal
Commission on, communications
addressed to, on the authority of
the Judicial Committee of the Privy
Council, 281 sq.
Edward the Confessor, Laws of, 45
n., 46 n., 53.
Edward I, 16, 49 sq., 51, 116 n.;
summons knights and burgesses to
Parliament, 21; legislative activity
of his reign, 48.
Edward II, his deposition announced
by one of the judges in the Coun-
cil, 36.
Election petitions, settled by a party
vote in the House of Commons,
376 sq.
Eliot, Sir John, 335; on the meaning
of "judgement," 171 sq.; Case of,
Elizabeth, Queen, her opinion of privy
councillors, 37; indulged the com-
mon people, not the nobility, 339
sq., 342.
Ellesmere, Thomas, Lord, 171, 218 n.,
250, 254 sq., 261, 300; his views of
the judges' functions in Parliament,
137 sq.; on the jurisdiction of the
courts of common law, 292 sqq. ; an
opponent of the common lawyers,
294; on the construction of statutes,
261, 294 sq.
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