| INTRODUCTION |
| PAGE | | LINE | |
| xi | | 11 | | Hansard. 1875. Vol. 225, col. 1823. |
| xiii | | 7 | | Coke’s “Institutes.” I. “To the Reader.” |
| |
| CHAPTER I |
| 1 | | 3 | | Job xiii. 5. |
| 4 | | 20 | | “The Compleat Constable. Directing all Constables, Headboroughs, Tithing men, Churchwardens, Overseers of thePoor, Surveyors of the Highways and Scavengers in the Duty of their several Offices, according to the Power allowedthem by the Laws and the Statutes.” 3rd edition. London. Printed for Tho. Bever at the Hand and Star, near Temple Bar. 1708. |
| 8 | | 16 | | “Shakespeare’s Europe. Unpublished chapters of Fynes Moryson’s Itinerary, being a survey of the condition ofEurope at the end of the sixteenth century. 1903.” At p. 67. |
| 9 | | 24 | | Smollett. “Roderick Random.” Chap. XXIII. |
| 12 | | 6 | | The Trial of Richard Weston at the Guildhall of London for the Murder of Sir Thomas Overbury, 19th October, 13 James1st, A.D. 1615. Howell’s “State Trials,” II., 914. |
| 13 | | 21 | | Boswell’s “Life of Johnson.” Edited by Birkbeck Hill. II. 130. |
| 14 | | 29 | | Boswell’s “Life of Johnson.” IV. 188. |
| 17 | | 8 | | Manchester Guardian, Saturday, January 24th, 1824. |
| |
| CHAPTER II |
| 22 | | 6 | | 2 Kings iv. 1—7. |
| 28 | | 6 | | Grote’s “History of Greece.” Part II., c. 11. |
| 32 | | 20 | | Hunter’s “Roman Law.” 3rd edition. P. 18. |
| 34 | | 7 | | Fynes Moryson. “Shakespeare’s Europe.” |
| |
| CHAPTER III |
| | Imprisonment for Debt.—The main authorities for the history of imprisonmentfor debt are the reports of the three commissions. |
| | 1840. Report of Commission on the Present State of the Laws respecting Bankrupts and Insolvent Debtors. |
| | 1893. Report from the Select Committee on the Debtors Act with Minutes of Evidence. |
| | 1909. Report on Select Committee on Debtors (Imprisonment) with Minutes of Evidence. |
| | The Hansard Reports of the debates over the Bills of 1837, 1844, and 1869, contain many clear statements of the argument for, and against, abolition. |
| 37 | | 17 | | “The Law of Executions, to which are added the History and Practice of the Court of King’s Bench.” By the late Lord Chief Baron Gilbert. |
| 42 | | 7 | | Smollett. “Roderick Random.” Chap. LXI. |
| 43 | | 1 | | For the story of the Clerkenwell Spinster and the Debtor, see Sir Walter Besant’s “London in the Eighteenth Century,” Chap. V., “Debtors’ Prisons,” at p. 562. This volume contains excellent accounts of the law and the poor in the eighteenth century. |
| 45 | | 8 | | December 5th, 1837. Lord Cottenham introduced Bill to abolish arrest on mesne process. 1 & 2 Vict. c. 110. |
| 45 | | 30 | | Thackeray. “The Virginians.” Vol. I. Chap. XLV. |
| 46 | | 18 | | Duke de Cadaval’s case. Hansard. 1837. Vol. 39, p. 593. |
| 48 | | 2 | | J. B. Atlay. “The Victorian Chancellors.” I., 406. |
| 48 | | 18 | | Lord Brougham’s speech. Hansard. 1837. Vol. 39, p. 574. |
| 49 | | 15 | | Lord Brougham’s speech. Hansard. 1844. Vol. 75, p. 1174. |
| 51 | | 6 | | See Judgment of Sir George Jessel, M.R., in Marris v. Ingram, (1879) Law Reports, 13 Chancery Division, p. 341. |
| 55 | | 6 | | Sir Robert Collier’s speech. Hansard. 1869. Vol. 197, p. 421. |
| |
| CHAPTER IV |
| 65 | | 5 | | “Debtors’ Imprisonment Report, 1909.” Appendix 19, at p. 371. |
| 70 | | 26 | | Basil Montagu. “Opinions of Paley Burke and Dr. Johnson on Imprisonment for Debt.” |
| 75 | | 5 | | Jeremy Taylor. “A Prayer to be said by all Debtors, and all Persons obliged whether by Crime or Contract.” “Holy Living and Dying.” |
| |
| CHAPTER V |
| | There are many books on the Workmen’s Compensation Act. That by Mr. Adshead Elliott is as clear and comprehensive as any. The Hansard Debates on the Bills of 1897 and 1906 are full of interest. |
| 81 | | 12 | | John Chipman Gray. “Nature and Services of Law.” Sections 222-224. |
| 83 | | 13 | | The Attorney-General v. The Edison Telephone Co. of London, Ltd., (1880) Law Reports, 6 Queen’s Bench Division, p. 244. |
| 86 | | 5 | | Gilbert E. Roe. “Our Judicial Oligarchy.” |
| 87 | | 17 | | Mr. Asquith’s speech on Employers’ Liability Bill. Hansard. 1893. Vol. 8, p. 1948. |
| 92 | | 24 | | See the judgments of Lord Halsbury and Lord Davey, in Lysons v. Andrew Knowles, (1901) Law Reports, Appeal Cases, p. 79. |
| |
| CHAPTER VI |
| 108 | | 28 | | Jeremiah xxii. 13. |
| 109 | | 16 | | See “The Living Wage,” by Philip Snowden, M.P., for a sensible, practical statement of the Socialist ideal. |
| 109 | | 18 | | Psalms xxxv. 10. |
| 110 | | 11 | | Carlyle. “Chartism.” Chap. I. |
| 119 | | 30 | | Hansard. 1883. Vol. 277, p. 834. |
| |
| CHAPTER VII |
| | The chief authority for this chapter is “The Report of the Royal Commission on Divorce and Matrimonial Causes,” published in 1912, cited below as D. C. |
| 125 | | 13 | | Notes on the Reformatio Legum Ecclesiasticarum. D. C., III., pp. 44-58. Appendix II., p. 23. |
| 129 | | 24 | | J. B. Atlay. “The Victorian Chancellors.” II., 71. |
| 133 | | 24 | | Jane and Fred’s Case. D. C., II., 390. |
| 134 | | 14 | | George and Mary’s Case. D. C., II., 390. |
| 136 | | 4 | | Note by Mrs. Tennant. D. C. Report, 169. |
| 137 | | 28 | | Mr. Justice Bargrave Deane’s evidence. D. C., I., 49. |
| 138 | | 16 | | Alfred and Anna’s Case. D. C., II., 390. |
| 139 | | 9 | | John and Catherine’s Case. D. C., II., 391. |
| 140 | | 25 | | Norah’s Case. D. C., II., 391. |
| 143 | | 17 | | Divorce in France. M. Mesnil’s evidence. D. C., III., 485. |
| 146 | | 18 | | Mr. Dendy’s evidence. D. C., I., 133. |
| 147 | | 29 | | German Divorce. Dr. Carl Neuhaus’s evidence. D. C., III., 472. |
| 147 | | 31 | | Scot’s Divorce. Mr. Lamier’s evidence. D. C., I., 277. |
| 150 | | 9 | | Selden’s “Table Talk.” LXXXIV. |
| 150 | | 30 | | D. C. Report, Part IX., par. 50. |
| |
| CHAPTER VIII |
| 153 | | 18 | | Carlyle. “Latter Day Pamphlets.” “Parliament.” |
| 164 | | 28 | | Dickens. “Oliver Twist.” Chap. LI. |
| 169 | | 8 | | Arthur Hugh Clough. “The Latest Decalogue.” |
| |
| CHAPTER IX |
| 174 | | 6 | | George Eliot. “The Mill on the Floss.” Book II., Chap. II. |
| 175 | | 11 | | Lysons v. Andrew Knowles, (1901) Law Reports, Appeal Cases, p. 79. |
| 178 | | 15 | | Tomkin’s “Law Dictionary,” sub tit., “Barraster.” |
| 180 | | 19 | | See Lord Sumner’s judgment in Dallimore v. Williams and Jesson, Times Newspaper, Saturday, March 28th, 1914. |
| 182 | | 1 | | Swift. “Gulliver’s Travels.” “A Voyage to the Houyhnhnms.” |
| 183 | | 3 | | Crabbe. “The Borough.” Letter VI. |
| 187 | | 24 | | As to French Conciliation Courts, see Poincaré, “How France is Governed,” Chap. X., “Justice.” |
| 188 | | 18 | | Piers Plowman. “The Vision of the Field full of Folk.” |
| |
| CHAPTER X |
| 190 | | 4 | | Sydney Smith. “Counsel for Prisoners.” Edinburgh Review, 1826. |
| 192 | | 23 | | Bentham. “A Treatise on Judicial Evidence.” 1825. Book I., Chap. II., p. 7. |
| 193 | | 19 | | Thackeray. “The Case of Peytel.” “Paris Sketch Book.” |
| 194 | | 2 | | Dickens. “Why?” “Miscellaneous Papers.” II., 101. |
| 195 | | 22 | | Hansard. 1898. Vol. 54, p. 1176. |
| 196 | | 4 | | Hansard. 1898. Vol. 56, p. 990. |
| 196 | | 11 | | See division list on second reading. Hansard. 1898. Vol. 56, p. 1087. |
| 198 | | 7 | | Hansard. 1907. Vol. 174, p. 282. |
| 198 | | 10 | | Hansard. 1907. Vol. 174, p. 292. |
| 199 | | 5 | | Boswell’s “Life of Johnson.” Birkbeck Hill’s edition. III., 25. |
| 200 | | 6 | | Fuller’s “Church History.” |
| 201 | | 30 | | Howell’s “State Trials.” II., 927. |
| |
| CHAPTER XI |
| 215 | | 4 | | “Speech of Viscount Haldane to the American Bar Association at Montreal on September 1st, 1913.” Published in “The Conduct of Life and Other Addresses, 1914,” p. 97. |
| 227 | | 22 | | Sydney Smith. “Cruel Treatment of Untried Prisoners.” Edinburgh Review, 1824. |
| |
| CHAPTER XII |
| | As to Housing, see “Report of Her Majesty’s Commissioners for Inquiring into the Housing of the Working Classes, 1885,” and “Report of the Joint Select Committee of the House of Lords and the House of Commons, 1902.” |
| 235 | | 9 | | R. v. Foxby, 6 Modern Reports, pp. 11, 178, 213, 239 and 311. |
| 238 | | 4 | | Dickens. “Bleak House.” Chap. XVI. |
| 238 | | 32 | | Charles Kingsley. “Alton Locke.” Chap. II. |
| 240 | | 1 | | Benjamin Disraeli. “Sybil.” Book II., Chap. III. |
| 244 | | 10 | | “History of Housing Reform.” Published by the National Unionist Association. 1913. |
| 246 | | 1 | | “The Land. The Report of the Land Enquiry Committee.” Vol. II., p. 28. |
| 250 | | 2 | | Carlyle. “Chartism.” Chap. VIII. “New Eras.” |
| 254 | | 21 | | “The Republic of Plato.” Book IV. Translated by Davies and Vaughan. |
| |
| CHAPTER XIII |
| 255 | | 26 | | Mr. Balfour’s speech on licensing. Hansard. 1908. Vol. 185, p. 98. |
| 256 | | 4 | | Licensing Act, 1904, § 4, now Licensing Act, 1910, § 14. |
| 256 | | 16 | | Hansard. 1904. Vol. 133, p. 742. |
| 258 | | 21 | | Dickens. “Our Mutual Friend.” Book I., Chap. VI. |
| 265 | | 19 | | “Letters and Memories of Charles Kingsley.” I., 270. |
| |
| XIV |
| 272 | | 15 | | “Report of the Royal Commission on the Poor Laws and Relief of Distress, 1909.” |
| 274 | | 24 | | Coke’s “Institutes.” III., Chap. 40, p. 103 (note). |
| 275 | | 16 | | Horn’s “Mirror of Justices.” Selden Society. Vol. 7, Book IV., Chap. XVI., “Of the Judgment of Homicide.” |
| 276 | | 2 | | Horn’s “Mirror of Justices.” Book I., “Of Sins Against the Holy Peace.” |
| 279 | | 11 | | “Report of Royal Commission on the Poor Laws, 1834,” p. 307. |
| 280 | | 17 | | “Poor Law Report, 1909,” p. 728. |
| |
| CHAPTER XV |
| 285 | | 1 | | 2 Samuel xv. 4. |
| 290 | | 12 | | Walt Whitman. “Song of Myself.” |
| 292 | | 14 | | “Report of Select Committee of the House of Lords on the Debtors Act.” William Johnson’s evidence, p. 164. |
| 294 | | 12 | | Manitoba Laws. |
| |
| CHAPTER XVI |
| 299 | | 2 | | Marcus Aurelius. “Meditations.” Book IV., par. 31. |
| 303 | | 3 | | Rudyard Kipling. “The Five Nations.” “Stellenbosh,” p. 194. |