Benefit of clergy, 93, 94
Bennet case, 352
Bentham, Rationale of Judicial Juris-
prudence referred to, 28, 422;
Defence of Usury by, 33; influence
of the teaching of, on law reform,
125; Panopticon created by, 129;
guide of life of, 131; ends achieved
by, as a law reformer, 133; and the
American Declaration of Independ-
ence, 144; and the French Declara-
tion of Rights, 144 note; "Truth
against Ashurst" quoted, 147;
conclusion of, that the best form of
government is a democracy, 158;
influence of, on the method of law
reform, 164; Maine's Ancient Law
quoted on, 167 note; dissection of
the Declaration of the Rights of
Man and the Citizen," 171; and the
adequate protection of rights, 204;
wish of, to amend legal procedure,
205 and note; Fragment on Govern-
ment referred to, 302; J. S. Mill on,
403; Emancipate your Colonies re-
ferred to, 448; Works quoted, 456
Benthamism, period of (1825-1870), 63,

125-209; relation between, and
democracy, 157; acceptance of, 167-
183; Dr. Johnson and Paley and
the fundamental dogma of, 172;
strength of, 175; extent of the
acceptance of, 176; not the monopoly
of Liberals, 179; a middle-class
creed, 186; and humanitarianism,
187; debt of collectivism to, 302-
309

Benthamite legislation, principles of

reform, 133; and the principle of
utility, 135; and laissez faire, 43,
145; and extension of the sphere of
contract, 149; trend and tendency
of, 183-209; objects attained by,
184; and transference of political
power, 184; and humanitarianism,
187; and extension of individual
liberty, 189; and the adequate pro-
tection of rights, 204

Bill of Rights, 82

Bills of 1904, tendency of, 294-298
Bishops, unpopularity of the, in 1832,
313, 323; property of the, 339
Black Book, 86, 87

Blackstone, 62, 65, 67, 70, 123;
Commentaries quoted, 71, 369, 373
Boroughs, corrupt, disfranchisement of,
38, 42, 48

Bowen, Lord, on the bankruptcy law,
1837, 122; on law administration,
207

Bowring, Sir John, 164
Bradlaugh, Charles, 435
Bramwell, Lord, 199, 272

Bright, 24; and household suffrage,
182;
on the factory movement,
235

British India, legislation in, 5
Brougham, on Bentham, 125; on the
English middle classes, 184, 185;
introduction of an Education Bill by,
275 note; and Wolfe's capture of
Quebec, 450

Bryce, Mr., 448 note

Buckle, Henry Thomas, 182
Burial law, Dissenters and the, in
1832, 346

Burke, Edmund, and Catholic emancipa.
tion, 27; on the conservatism of
English thinkers, 72
Burns, Robert, 113

Cabinet, functions of the, 85
Canada, Dominion of, Brougham and
the retaining of, 450
Carlyle, on "Chartism," 215; Latter

Day Pamphlets referred to, 243;
and John Mill, 421; and constitu-
tional government, 439

Catholic emancipation, 11; Burke and,
27

Chartism, 181, 239-242
Chatham, Earl of, 85
Children, humanitarianism and the
various enactments for the protection
of, 187
Church, authority of the, before the
Reformation, 20; influence of the
Established, in 1904 compared with
1830, 58; position of the Established,
in 1825, 118; the United, of England
and Ireland, 312, 354. See Estab-
lishment, Church
Church rates, 350

Church reform, James Mill's scheme of,
320-322; two forms taken by the
demand for, 334

'Clapham sect," 330

Clarkson, Thomas, 108

Clergy, benefit of, 93, 94

Cobbett, William, 113

Cobden, 24, 25 note; on infant labour,
220; and constitutional government,
Political Writings quoted,

439;
450

Code Napoléon, 7, 102 note
Coke, Sir Edward, 82

Coleridge, 114; and the factory children,
223 note; John Mill and, 424
Collectivism, growth of, 210-257;
period of (1865-1900), 258 - 301;

principles of, 258-287; debt of, to
Benthamism, 302-309
Collectivist legislation, trend of, 287- |
301; proposed, of 1905, Appendix,
Note V., 493-494

Colonies, recent legislation of English
self-governing, 298; change in the
spirit of our colonial policy, 452
Combination law, of 1800, 95-102; of
1824-25, 190-200, 344-345; of 1875,
266-272; comparison between, in
France and England, Appendix,
Note I., 466-475

Commerce, characteristics of modern,
244-247

Comte, Auguste, 416

Comtism, growth of, in England, 243
Conciliation Acts, object of the modern,
273

Conflict of Laws, Story's, referred to,
363

Constitution,

English, democratic
tendency of, 48; speculations of
Paley concerning, 49; absence of
change in, 84

Constitutional government, 438-440
Contract, sphere of: individualism and,
149; collectivism and, 263
Corn laws, suspension of, 25, 183, 242
note; O'Connell and, 178
Corporations, English municipal, 117,
283

Cottage homes, provision of, 294, 295
Counsel, right to defence by, 88
Courts, and compulsory arbitration,

274 and note; and Acts of Parlia-
ment, 360; law-making function of,
361; influence of law writers on,
363

Cowper, William, 107 note

Creevy Papers referred to, 159 note
Criminal law, mitigation of our, 29
Crown, arbitrary prerogative of the,
174

Daily News, Dickens and the, 417
Dale, Dr., on the Evangelical move-
ment, 399 note
Dalton, John, 113

Darwin, 22 note, 129 note, 455 note
Davy, Sir Humphry, 114

Declaration of the Rights of Man, 308
Democracy, and legislation, 44-61;

advance of, the clue to the develop-
ment of English law, 48; Tocque
ville's use of the term, 50; meaning
of term with reference to the advance
of, 52; influence of, on certain laws,
55; progress of, identified with the
acceptance of free trade in 1846,

56; English, contrasted with French,
59; relation between, and Bentham-
ism, 157; under the modified form
of household suffrage, 250; demo-
cratic movement of 1866-84 con-
trasted with the Chartist movement
of 1838-48, 252

Denman, Lord, 98 note, 361

Dicey, A. V., Law of the Constitution,
84 note

Dickens, Charles, political creed of,
416-420; Maine on, 417; as first
editor of the Daily News, 417;
Hard Times, 417-420; Little Dorrit,
420 note

Discussion, freedom of legislation
and, 203; laissez faire and, 423;
increase of, in England, during the
nineteenth century, 430-436; Acts
relating to, 203

Disestablishment, doctrines of Bentham
and, 312; demand for, in 1834,
323; Irish Church Act of 1869 and,
354

Disraeli, Benjamin, 232, 242, 251, 450
Divorce Act of 1857, 43, 183, 189,
345, 384, 385
"Doctrine of common employment,"
280

Ecclesiastical Commission, 338 and
note, Appendix, Note II., 475-477
Ecclesiastical legislation, actual course
of, 333; system of compromise in,
356-358

Edgeworth, Miss, 114

Education, parliamentary grants for,
46 and note, 278 note; the State
and elementary, 275; establishment
of free, 277

Eldon, Lord, 63, 83, 85, 361
Elizabeth, Queen, 35

Elliot, The State and the Church
quoted, 334, 338 note
Emancipation of women, John Mill
and, 384

Employers' liability, 68, 279-283
England, characteristics of law-making
opinion in, 17-47; changes in the
social condition of, 1800-1830, in
relation to legislative activity, 111;
incongruity between the social con-
dition and the legal institutions of,
1800-1830, 115

English Constitution, democratic tend-
ency of, 48; Paley's speculations
concerning, 49

English self-governing colonies, recent
legislation of, 298

Erle, Sir William, 96 note, 199

Essays, Hume's, quoted, 1, 13
Establishment, Church, two special
weaknesses of, in 1832, 313; privi-
leges of, as grievances, 314; Macaulay
and, 314, 318; Dr. Arnold and,
315; Sydney Smith and, 317; Lord
Melbourne and, 319 note; unpopu-
larity of, in 1832, 323; legislation
and the financial position of, 337;
reform of, 340, 341; attempts to
widen the foundations of, 351
Evangelical movement, 341; Dr. Dale
on, 399 note

Evangelicalism and Benthamism, rela-
tion between, 397-407
Executive, the, and compulsory arbitra-
tion, 274 and note
Exhibition of 1851, 181

Factory legislation, 28, 29 and note,
108-110

Factory movement, Tory philanthropy

and, 219-239; Peel's attitude to,
233 note; Gladstone and, 234 note;
Bright and, 235; growth of socialism
fostered by, 237
Fawcett, H., 254, 292
Felony Act of 1836, 88
Foreigners, settlement of, in England,
297

Fox, Charles James, 99, 101, 106, 123
France, effect of the want of a legisla-
tive organ in, 6; National Assembly
of 1789, 8; democracy of, contrasted
with English, 59; the home of legis-
lative conservatism, 60; privileges
of the nobles of, under the Ancien
Régime, 143; Bentham and the
publication of the Declaration of
Rights in, 144 note; combination
law in, Appendix, Note I., 466-475
Frederick the Great, 5, 51, 439
Free trade, legislation of 1846, 13;
English manufacturers and, 15;
doctrine of, a dogma of economic
policy in England, 23; principle of,
the doctrine of Adam Smith, 24;
protection and, 23-25; progress of
democracy identified with the accept-
ance of, in 1846, 56; statesmen and,
150; O'Connell and, 178; the Ex-
hibition of 1851 and, 181; in labour,
191, 269
French Revolution, the, 5, 83; evil

effects of, in England, 123; delusion
fostered by the traditions of, 241
note

Froude, Hurrell, 405 note
Fry, Elizabeth, 108

Gaskell, Mrs., Mary Barton referred
to, 243

George III., 7, 66; his opinions an
index to English public opinion,

105 note

George IV., 124

Gifford, William, 113

Gilbert, Mrs., Autobiography quoted,
325

Gladstone, W. E., 234 note, 345, 358 note
Godwin, William, 172

Goldsmith, Citizen of the World quoted,
75

Gorham case,
352
Government, opinion of the governed
the real foundation of all, 3; nature
of English, during the nineteenth
century, 48; transition of English,
from aristocratic to democratic, 49;
democracy a comparatively new form
of, 56; English system of, essen-
tially parliamentary, 59
Green, Professor T. H., 407
Greg, W. R., 164, 243
Grégoire, the Abbé, 37
Grey, Lord, 414

Grote, George, 181, 253 note
Grote, Mrs., and John Mill, 421

Habeas Corpus Acts, 189
Hall, Robert, 402 note
Halsbury, Lord, 85

Hard Times, Charles Dickens', 417-
420; Ruskin on, 418
Hazlitt, William, 114
Helvetius quoted, 458 note
Herschell, Sir John, 114
High Church doctrine, the increased
authority of, in the Church of
England, 437

High Church movement, 328, 329, 330,
341, 404, 405, 406

History of Factory Legislation, Hut-
chins and Harrison's, 29 note
House of Commons, Paley's view of
the unreformed, 73; changes in the
constitution of the, 252

Household suffrage, Bright and, 182;
introduction of, 1868-1884, 247-
257; effect of, on legislative opinion,
250

Housing of Working Classes Acts 285,
290
Humanitarianism legislation, 106 and
note, 187-188

Hume, David, Essays quoted, 1, 13
Hume, Joseph, 168; and the com-
bination law, 194; economic radi-
calism of, 409 and note
Huskisson, William, 196

Imperialism, growth of English, 448;
meaning of the term, 448 note
Indian Succession Act, 385 note
Individual liberty, Benthamism and
the extension of, 189

Ireland, Act of Union with, 95, 103-
105; Reform Ministry and Church
Establishment in, 332

Irish Church Act, 1869, 354
Irish legislation, 263

Irish Parliament, 104

Jeffrey, Lord, 114

Jevons, The State in Relation to Labour
quoted, 443

Jews, admission of, to municipal and
parliamentary offices, 343
Johnson, Samuel, 37, 141

Joint-Stock Companies Acts,245 and note
Judge-made law, 360, 361, Appendix,

Note IV., 481-493; effect on parlia-
mentary legislation, 369-396
Judges, English, relation to the Minis-
try, 362 and note

Judicial legislation, 359-396; special
characteristics in relation to public
opinion, 359-368

Judiciary, relation to the executive,
Parliament, and people, 58
Jurisprudence, Austin's, referred to,
411 and note

Keble's sermon on National Apostasy,
322 note

Kenny, Outlines of Criminal Law
quoted, 79 note

Kenyon, Lord, 361, 366 note

Kingsley, Charles, and Mill's On
Liberty, 425
Kipling, Rudyard, 454

Knox, John, 159 note

Labour code, modern, 29, 237

Labour disputes, governmental inter-
vention in, 273

Labour Legislation, Howell's, quoted,
272 note

Lamb, Charles, 114
Lancaster, Joseph, 114

Law, relation to public opinion, 1-16;
mitigation of our criminal, 29, 187;
absence of change from 1800 to
1830, 84-194; reason for consider-
able change during 1800-1830, 94-
110; combination, 95-102, 190-200,
266-272, 344-345; state of the
bankruptcy, in 1837, 122; Ben-
thamite ideas as to reform of the,
133-167; judge - made, 360, 361,
Appendix, Note IV., 481-493

Laws, suspension of corn, 25, 183, 242
note; repeal of usury, 33, 45; law-
making opinion fostered or created
by, 41; effects of emergency, 45;
influence of democracy on certain,
55; reactionary, 95; humanitarian,
106

Lecky, Leaders of Public Opinion in
Ireland quoted, 177, 178 note, 179
note

Legal fictions and survivals, 1800-1830,
91-94

Legal procedure, Acts relating to, 205-
207

Legislation, dependence on public

opinion, 1; guidance in matters of,
by real or apparent interest, 12;
"tentative," 45; democracy and,
48-61; factory, 108-110; trend of
collectivist, 287-299; actual course
of ecclesiastical, 333-356; judicial,
359-396; respective merits and
defects of judicial and parliamentary,
393-396

Legislative Methods, Ilbert's, quoted,
306 note

Legislative opinion, counter-currents
and cross-currents of, 310-358;
relation to general public opinion,
397-463

Legislative quiescence, period of Old
Toryism or (1800-1830), 62, 70-124;
absence of change in law during,
84-94; reason for change during,
94-110; close of, 110-124
Legislators, English, influence of opinion
on, 34

Lewis, Sir George Cornewall, Government
of Dependencies referred to, 449,
452 note

Liberalism and State control, 39
Liberty, Equality, and Fraternity, Sir
J. Stephen's, referred to, 425 note
Liquor, Bills aiming at restricting the
sale of, 298 note

Liverpool, Lord, 116

Local Government in England, Redlich
and Hirst's, quoted, 167 note, 306
note

London Review, publication of James
Mill's scheme of Church reform in,
322

Louis XIV., 124 note
Louis XV., 6

Louis XVI., 6, 124 note
Lowe, Robert, 164, 252
Lucas, C. P., 452 note

note, 169 note; History referred to,
181; on Southey, 214 note; his
defence of the Ten Hours Bill, 222;
and Church Establishment, 314, 318
Macaulay, Zachary, 107, 108
M'Culloch, J. R., and the combination

law, 194; on infant labour, 221
Mackintosh, Sir James, 168

Maine, on Bentham, 130 note; on
Dickens, 417

Maine's Ancient Law referred to, 412,
459 note; Popular Government
referred to, 459 note
Malthus, 172, 410, 427
Manchester School, 178

Manning, Cardinal, 406 and note
Mansfield, Lord, 81, 165, 366
Married women, history of the law
relating to property of, 369-393
Martin, Henry, 108

Martineau, Harriet, 181, 198; History

of the Thirty Years' Peace referred
to, 408 note, 415; political faith of,
413-416; Stories in Illustration of
Political Economy referred to, 414
Maurice, F. D., 405

Maxwell, Rt. Hon. Sir Herbert, 159
note

Melbourne, Lord, 179; attitude to the

Church in 1834, 319 note

Mill, James, 37, 107, 130, 160; and
government of women, 159 note;
Essay on Government, 159 note,
186 note, 400; scheme of Church
reform, 320, 322

Mill, J. S., 17, 114, 130; On Liberty
quoted, 22, 145 note, 157; and
restraints on the action of individuals,
148; and political equality of the
sexes, 159 note; Autobiography

quoted, 160, 162; and individualism,
182; Representative Government
quoted, 249; and a democratic
Reform Bill, 252 note; and elementary
education, 276 note; promotion of
freedom as the test of utility, 307
note; and emancipation of women,
384;
on Bentham, 403; political
faith of, 420-430; literary work,
422-428; H. Sidgwick on, 427
Milman's History of the Jews referred
to, 432 note
Ministry, Reform, 38

Molesworth, Sir William, 40

Moral Philosophy, Paley's, quoted, 73
and note, 134, 279
More, Hannah, 108, 109
Morley's Life of Cobden quoted, 287
Mozley, James, 405 note

Municipal Reform Act, 1836, 30, 186

Municipal trading. 283-287; Darwin

on, 284

Napoleon I., 51

Napoleon III., 51, Appendix, Note L,
469

Nationalism, 460

Navigation laws, repeal of, 189
Negroes, emancipation of, 188
New Poor Law, 180, 187, 203, 210
Newman, Cardinal, 114; Ad Clerum
referred to, 315, 328; preface to
Froude's Remains, 405 note
Nonconformists, present-day influence
of, 58; and marriage laws of 1832,
314, 343; political dissent, 332
note; removal of political dis-
abilities, 342; University tests, 347
and note

Novels, tone of modern, towards the
clergy, 327 and note

Oastler, Richard, Slavery in Yorkshire
referred to, 219; connection with
factory movement, 224-225

O'Connell, Daniel, 168, 176; Lecky
on, 177, 178 note

Old age pensions, provision of, 294, 295
On Liberty, John Mill's, 22, 145 note,
148, 157, 182, 199, 204, 434
Opinion, Hume's Essays on, 1, 13;
characteristics of law-making, in
England, 17-47; state of, 1760-
1830, 70-83; freedom of, 203;
socialistic tendency from 1848, 244;
effect of household suffrage on legis-
lative, 250; counter-currents and
cross-currents of legislative, 310-
358; influence on legislation of
ecclesiastical, 332; confusion be-
tween freedom of discussion and
freedom of, 433. See Public Opinion
Outdoor relief, administration of, 291-

293; Acts of 1894 and 1904, 292
Owen, Robert, 114, 180 note
Oxford High Church movement, 322
and note

Paine, Thomas, 113

Paley and the English Constitution,
49, 73; and practical conservatism,
42; Moral Philosophy quoted, 73
and note, 134, 279; his philosophy
as applied to law, 142 and note
Palmerston, Lord, and Divorce Act
of 1857, 182; and constitutional
government, 438
Parliament, arrest of reform, 38;
Whigs of 1830 and a reformed,
56; relation of judiciary to, 58;
and trade combination in 1800, 96;