Indiana Law Journal Volume 6 Issue 6 Article 1 3-1931 The Law of England During the Period Commonwealth Robert C. Brown Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Comparative and Foreign Law Commons, and the Legal History Commons Recommended Citation Brown, Robert C. (1931) "The Law of England During the Period Commonwealth," Indiana Law Journal: Vol. 6 : Iss. 6 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol6/iss6/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. INDIANA LAW JOURNAL Vol. VI MARCH, 1931 No. 6 THE LAW OF ENGLAND DURING THE PERIOD OF THE COMMONWEALTH ROBERT C. BROWN* The period to be considered in this paper is from 1649, the date of the execution of Charles I, to 1660, the date of the res- toration of his son, Charles II. This entire period was essen- tially the same from both the legal and practical standpoint, al- though some authorities are disposed to divide it into two parts, the Commonwealth and the Protectorate. While it is true that Oliver Cromwell did not become officially Protector until almost 1654, yet this division seems unnecessary. In fact the army, act- ing through Cromwell, had large influence long before 1649; and, on the other hand, after Cromwell was officially the chief execu- tive of England, he was still anxious-probably over-anxious-to retain the form and the substance of a Parliamentary govern- ment.