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Foreword to The Third Edition

Lord Lloyd-Jones

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The law relating to the creation, transfer and enforcementof rights in intangible personal property is of immense commercial significance Questions concerning property rights such as contractual rights, debts, intellectual property or shares arise often in litigation or arbitration, butare even more frequently encountered when lawyers advise on transactions or when they draftcommercial documents where the law of assignmentprovides the foundation for commercial activity Itis, therefore, surprising thatfor so long the law of assignmenthas been something of a poor relation so far as legal textbooks are concerned Treatmentof this importantsubjecthas often been incidental or limited to specific rights. This has since changed thanks to this comprehensive work by Marcus Smith and Nico Leslie, now in its third edition, devoted to providing a detailed examination of all aspects of the law of assignment Its breadth of vision and its insights make ita particularly valuable work.

The subjectis not, however, merely of currentpractical importance Involving as itdoes the interplay of principles of common law, equity and statute law, itis also a particularly fruitful area for academic study. The presentvolume, while intensely practical, also addresses the conceptual basis of the law In particular, the authors setthe law of equitable assignmentin the contextof its historical developmentand join the recentacademic debate on this subject.

The hallmark of this work is its clarity of exposition The reader is guided through a schematic statementof the law which benefits greatly froman overview atthe startof each Partand Chapter Issues which are often of considerable legal complexity and difficulty are then explained and the description of the law developed in a mostlucid way The occasional recapitulation of first principles is also highly beneficial.

As in previous editions, this new edition includes a chapter devoted to the rules of private international law governing assignments, concentrating on questions of special interestin this field These include a discussion of the controversies surrounding choice of law governing assignments under the Rome I Regulation The prospective uncertainties attending this area of the law in view of the forthcoming withdrawal of the United Kingdomfromthe European Union are likely to have been something of a headache for the authors as they prepared this edition for the press In the event, this edition provides an accountof the law as itcurrently stands A treatmentof any new law governing jurisdiction and choice of law within Europe in its application to assignments of choses in action will have to awaitthe fourth edition of this work

Since the publication of the second edition of this work, Marcus Smith has been appointed to the High CourtBench and has himself been assigned to the Chancery Division and the Business and Property Courts. Itis very pleasing to know that, despite his new responsibilities, he has been able to devote his leisure time to the production of this new edition in collaboration with Nico Leslie This clearly has been a huge undertaking. They are both to be congratulated on their achievementand on the breadth and depth of their command of this complex butfascinating area of our law

LORD LLOYD-JONES(p vi)

Foreword to the Second Edition

Lord Mance

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

Assignments occur in a wide variety of contexts. Many are of everyday commercial importance, others more exotic Butthe subjectis marked by ancientterminology (“choses” or “things” in action) and by distanthistory (the common law’s reluctance to treatcontractual relations as other than personal and the perceived risks arising fromthe buying and selling of causes of action). The interventions of equity and of various statutory provisions leave a patchwork picture, the implications of which are notalways easy to comprehend or apply.

The topic also raises questions which are inherently difficult Even more so, one may add, when associated with issues of private international law in 2008 the Council of Ministers had to defer determination of which law or laws should govern “the effectiveness of an assignmentor subrogation of a claimagainstthird parties and the priority of the assigned or subrogated claim over a rightof another person” when agreeing Rome I Regulation 593/2008: see article 27(2); no via media could be found to reconcile the competing arguments of block discounters in favour of the law governing the assignmentand others favouring the law governing the claimassigned

The firstedition of the presentwork was by Marcus Smith QC alone. Its success in providing a wideranging review of the subjectmade itof value to the practitioner and academic alike The second edition, in which Marcus Smith is joined by Nico Leslie, takes an even broader view of the field. It incorporates various new sections, including a substantial one covering the following and tracing of assets in circumstances where an owner is deprived of his property Butthroughoutitmaintains the same high standard of clarity and analysis, starting as before with a useful overview of its now expanded contents and clarification of the terminology “choses in action”, property rights and intangible property, etc. The authors’ jurisprudential interests manifestthemselves in passages discussing the various interests involved in assignmentin Hohfeldian terms Comparative European law appropriately informs their analysis of the circumstances in which transfer of property occurs so as to preclude the following or tracing of assets.

The new edition is notonly comprehensive, butclear, informative, well-referenced, scholarly, and appropriately critical. Itis also a good read, both for detailed study and for reference. Itis a pleasure to commend the jointauthors on producing so admirable a sequel to an already excellent firstedition

Lord Mance(p. viii)

Foreword to the First Edition

Andrew Smith

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The law of assignmentis seldomvisited by academics. Nor has itever been friendly territory for practising lawyers, notbecause itis partof the hinterland where we are seldomtaken, butbecause itis one of those dangerous streets where all too often we are surprised to find ourselves This book is designed to help us atleastorientate ourselves in the confusion, and, with luck, to find the rightpath

‘Assignment’ is notan easy area of the law, and itis notone thatis easy to categorize Itbridges property and personal obligations Itstill bears the scars of the skirmishing between equity and the series of excuses thatthe common law hitupon to resistchange The invaluable contributions of law merchantare still observable and on occasion still need to be harmonized or modernized. The intervention of statute has broughtits own problems The line between substantive law and procedural rules can easily be lost. Added to all that, there are the inevitable difficulties thatarise because the law of assignmentcovers a multiplicity of differenttypes of obligation Itis not surprising thatattimes itseems to defy attempts to discern a consistentand logical structure

As new international influences and new forms of commerce and financial dealings require the law to be flexible enough to recognize and accommodate new forms of business obligations, the rules of English law abouttransferring rights and obligations cannotbe rigid or static. Established doctrines abouttransferring ‘burdens’ even the language seems oddly stale will require fresh examination Butsound legal progress requires a proper understanding of developments to date and a firmgrasp of the governing principles. This textbook is timely in providing the wellresearched and disciplined analysis thatis needed While the Judicature Actfreed the common law fromsome of the chains in which ithad tangled itself, the bestpartof a century and a half is long enough for a new body of judicial pronouncements to gather The author treats themwith a proper respect, thatis to say a sceptical and critical respect He avoids being sidetracked by that excessive regard for aberrantdecisions thatcan so easily distortor disguise legal principles, not by the easy device of ignoring them, butby engaging with themand putting themin their place We should always be wary when lawyers adoptlegal expressions thatdo notconvey the usual meaning of the term Often the layman’s bewildermentis matched by the lawyer’s fudge ‘Assignment’ is justsuch a word The achievementof the book is to provide a methodical structure to a somewhatformless body of learning and precedent. Italso finds the rightbalance between the theoretical and the practical The author’s academic background provides the breadth of knowledge thatenables himto draw together principles fromdifferentlegal areas. As a practising

lawyer he knows how to make his learning accessible to others Marcus Smith has produced a book which does notanswer all the questions, butitdoes setthe rightquestions, and does so with order and clarity. All lawyers know thatfinding (p. x) the questions is atleastas difficultas finding the answers This is a textbook which will be welcomed by all lawyers who have to apply the law, and will, I hope, assistits methodical advancement

Andrew Smith

Royal Courts of Justice

February 2007

21 March 2018

Oxford University Press - Master Gratis Access; date:

Preface to The Third Edition

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The third edition of The Law of Assignment has been a work of consolidation, rather than innovation The second edition soughtto build on the success of the first, by expanding the work in a number of places and covering new areas such as tracing and the vindication of an owner’s rights. This third edition contains no such expansion, butendeavours to reflectthe developments in the law since the second edition was published in 2013 In doing so, we have expanded and rationalised a number of chapters, notably those on security and the conflictof laws. We have also soughtto engage with the recentacademic debate concerning the conceptual basis of equitable assignments These debates draw on the historical developmentof assignment, butcontinue to be relevanttoday.

As ever, we are very grateful to a number of others for their thoughts and encouragement, and in particular Dr. Louise Merrett, Dr. Simon Pulleyn, Sir Andrew Smith, Associate Professor Chee Ho Tham, and Daniel Carrall-Green Further, our special thanks also go to HarrietFitzsimons for her considerable efforts in reviewing the proofs; we could nothave completed this edition withouther Naturally, we are responsible for all errors and omissions thatremain.

We are very grateful to Lord Lloyd Jones for finding the time to write the foreword to this edition; and we remain grateful to Lord Mance and Sir Andrew Smith for permitting the reproduction of their forewords in this edition.

All books of this scale involve considerable incursion into family time, and we thank Laura (Nico’s wife) and Louise, Amelia and Arthur (Marcus’ wife and children) for their forbearance and tolerance. Itis to themthatthis edition is dedicated.

We have endeavoured to state the law as at1 December 2017

12 December 2017(p. xii)

Preface to the First Edition

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The law of assignmenthas fascinated me ever since I encountered, and pondered over, the decisions of the Courtof Appeal and House of Lords in Pan Ocean Shipping Co Ltd v Creditcorp Ltd, a case thatcontinues to perplex Itwas then thatI came to appreciate the absence of a detailed and systematic textanalysing choses in action, and their transfer.

This book is an attemptto fill thatgap I had intended, in this preface, to say thatthis was the first major attemptto grapple with assignmentsince Marshall’s monograph, The Assignment of Choses in Action, was published in 1950. Butbooks on assignmentseemto be rather like buses: none for more than fifty years, and then two come along atonce for 2006 saw the publication of Tolhurst’s The Assignment of Contractual Rights. Fortunately for me, this book and Tolhurst’s have different agendas As he states in his preface, Tolhurst’s book is very much a thesis-based work, confined to one class of chose in action, contractual rights. My approach has been altogether more broadly based, and I have attempted to deal with all choses, including contractual rights, froma practitioner’s perspective

Thatsaid, although I have written this book froma practitioner’s pointof view, the historical developmentof the law of assignmenthas created a number of analytical problems thatnotonly regularly occupy practitioners, butare also of interestto students of the law of assignmentand to those who find fascination in the (regrettably, still difficult) relationship between law and equity. The factthatthe common law was largely disinclined to recognize assignments led to the dominance of equity and, thereafter, statute law. As a result, the law of assignmentis one area of English law where the interplay between differentclasses of rightremains a frustratingly real and important one, the theoretical and practical implications of which are considered in Chapter 6.

In writing this book, I have incurred many debts and have many people to thank. Mr Justice Andrew Smith read each chapter in advanced draft, and provided me with many penetrating and helpful insights. I amalso very grateful to Andrew for having found the time to write the Foreword. On specific areas of assignment, I have a trinity of Trinity fellows to thank: Professor Kevin Gray, who read and commented on the sections on leases of land; Louise Merrett, whose astute comments on Chapter 22 (the conflictof laws) were extremely helpful; and Jo Miles, who provided a swift response to my cry for help when I ventured (very briefly) into divorce and separation The intellectual property sections were kindly read by Melonie Atraghji and Matthew Harris. Together, they saved me froma number of errors I have also discussed assignmentquestions generally with a number of people, whose insights have proved valuable: in particular Simon Pulleyn, Stephen Moriarty QC, and Richard Handyside I amgrateful to my editors atOUP, Rachel Mullaly, Faye

Judges, and Darcy Ahl, for their assistance in bringing the book to publication The final textowes much to the careful reading of Catherine Minahan, Sushma Ananda, and Hanne Smith, who identified and corrected many stylistic errors, infelicities, and inconsistencies, and checked the references Needless to say, all remaining errors and omissions are my own (p xiv) Finally, thanks are due to Fountain Court’s ever-efficientlibrarian, Christine Child, who unfailingly tracked down the more obscure references thatlitter the text. She saved me enormous amounts of time

Although I hope thatI have paid due regard to Commonwealth authority and academic writing, I am very conscious of only having touched upon aspects of comparative law; I have no doubtthat there is much to learn fromEuropean and American law That, I hope, will change in future editions I have endeavoured to state the law as at12 December 2006, although I have been able to incorporate a number of later developments The book is dedicated to my family

MAS Temple

12 December 2006

Summary Contents

From: The Law of Assignment(3rd Edition) Marcus Smith, Nico Leslie

Content type:Book content Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

Table of Cases xliii

Table of Legislation lxxiii

Listof References lxxxvii

Listof Authority Abbreviations cxi

1 Introduction 1

PartI The Nature of Intangible Property Overview of PartI

2. Nature and Characteristics of Intangibles 13

3 Rights or Causes of Action 55

4 Debts 65

5 Rights Under a Contract74

6. Equity and DebtSecurities 108

7. Intellectual Property 156

8 Leases 184

9 Documentary Intangibles and Negotiable Instruments 196

PartII The Transfer of Intangible Property Overview of PartII

10. Transfer of Choses in Action: Historical Overview 213

11 Conceptual Underpinnings 223

12 Negotiation and the Transfer of Money 290

13. Equitable Assignmentof Choses in Action 301

14. Transfer of Choses in Action on Trust332

15 Promises to Assign or Create a Trust346

16 Assignments Under Section 136 of the Law of Property Act1925373

PartIII Transfers in Particular Contexts Overview of PartIII

17. Transfer of Insurance Contracts 397

18 Transfer of Leases 433

19 The Transfer of Equity and DebtSecurities 450

20 Transfer of Intellectual Property 494 (p xvi)

PartIV Intangible Property Thatis Incapable Of Transfer Overview of PartIV

21 Assignmentof Burdens 521

22 Intangibles NotTransferable by Reason of Public Policy 540

23 The Assignmentof Bare Rights to Litigate: Champerty and Maintenance 544

24. Personal Obligations 569

25. Prohibitions on Assignment574

PartV The Effects of Assignment, The Persistence of Property Rights, and The Vindication of An Owner’s Rights Overview of PartV

26. Consequences and Effects of an Assignment597

27 Priorities and the Loss of Title 634

28 Extinction of Intangible Property 671

29. Vindication of an Owner’s Rights 725

PartVI Special Regimes for Transfer Overview of PartVI

30 Insolvency and Assignment781

31 Involuntary Transfers 800

PartVII Security

32. Security over Intangibles 809

PartVIII Conflictof Laws

33 Assignmentand the Conflictof Laws 835 Index 879

List of References

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Ali 2002

Allcock 1983

Allison 1996

Ames 1913

Andrews 2001

Armour & Payne 2009

Arnould 2013

Austen-Peters 2000

Austin 1974

Product:International Commercial Law [ICML]

ISBN:9780198748434

Ali, P. The Law of Secured Finance: An International Survey of Security Interests over Personal Property. Oxford University Press, 1st edn (2002)

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25.01, 25.02, 25.07, 25.15, 25.21, 25.22, 25.23

Ames, JB. Lectures on Legal History and Miscellaneous Legal Essays. Harvard University Press (1913) 10.06, 10.13

Andrews, N. Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 [2001] CLJ 353

Armour, J and Payne, J (ed). Rationality in Company Law: Essays in Honour of DD Prentice. Hart Publishing, 1st edn (2009)

Gilman, J, Merkin, R, Templeman, MJ, Blanchard, C, Cooke, J and Hopkins, P. Arnould’s Law of Marine Insurance and Average. Stevens & Sons/Sweet & Maxwell, 18th edn (2013); as subsequently updated by the supplement of 2016

6.39, 32.48

17.13, 17.17, 17.26, 17.83, 17.86, 17.87, 17.89

Austen-Peters, AO. Custody of Investments: Law and Practice. Oxford University Press, 1st edn (2000) 6.167

Austin, RP. Equitable Choses in Action. (1974) 7 Syd L Rev 394 16.12

Bailey 1931

Bailey 1932

Bailey 1932a

Baker 1958

Baker 2002

Barton 1975

Beale, Bridge, Gullifer & Lomnicka 2012

Bell 1989

Bailey, SJ. Assignment of Debts in England from the Twelfth to the Twentieth Century (1931) 47 LQR 516

Bailey, SJ. Assignment of Debts in England from the Twelfth to the Twentieth Century (1932) 48 LQR 248

Bailey, SJ. Assignment of Debts in England from the Twelfth to the Twentieth Century (1932) 48 LQR 547

Baker, PV. Note. (1958) 74 LQR 180

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Beale, H, Bridge, M, Gullifer, L and Lomnicka, E. The Law of Security and Title-Based Financing. Oxford University Press, 2nd edn (2012)

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Benjamin 2000 Benjamin, J. Interests in Securities. Oxford University Press, 1st edn (2000)

Benjamin 2017 Bridge, M (ed). Benjamin’s Sale of Goods. Sweet & Maxwell/Thomson Reuters, 10th edn (2017)

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32.05, 32.06, 32.09, 32.12, 32.14, 32.18, 32.22, 32.36, 32.37, 32.58, 32.59, 32.69, 32.70

2.13, 2.44, 2.49, 2.50, 2.51, 2.79, 2.82, 28.04, 28.08, 28.38, 28.40, 28.41, 28.100, 28.107, 28.140

2.82, 6.04, 6.07, 9.36, 9.34

2.68, 9.06, 29.34

9.13

Birks, PBH and McLeod, G. Justinian’s Institutes: Translated with an Introduction by Peter Birks and Grant McLeod. Duckworth, 1st edn (1987) 2.49

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Blair, M, Walker, G and Willey, S. Financial Markets and Exchanges Law. Oxford University Press, 1st edn (2007).

Blair, M, Walker, G and Willey, S. Financial Markets and Exchanges Law. Oxford University Press, 1st edn (2012)

2.52, 10.11, 10.14, 28.57, 28.87, 28.109, 28.134, 28.136

23.03, 23.04

19.16

6.128, 6.150 19.13, 19.14, 19.16, 19.18, 19.24, 19.29, 19.30, 19.37, 19.38, 19.40, 19.50, 19.54, 19.55, 19.56, 19.57, 19.64, 19.68, 19.70, 19.147

BLG 1993

Bosanquet 1899

Bowstead & Reynolds 2014

Brearley & Bloch 2009

Bridge 2009

Bridge, Gullifer, McMeel, & Worthington 2013

Briggs 2003

Briggs 2014

Briggs 2015

Brindle & Cox 2010

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Burrows 1996

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Byles 2013

Calnan 2013

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Cane 1996

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Bosanquet, FA. The Law Merchant and Transferable Debentures. (1899) 15 LQR 130

Watts, PG (ed). Bowstead & Reynolds On Agency. Sweet & Maxwell, 20th edn (2014); as subsequently updated by the supplement of 2016

Brearley, K and Bloch, S. Employment Covenants and Confidential Information: Practice and Technique. Bloomsbury, 3rd edn (2009)

Bridge, M. The Proprietary Aspects of Assignment and Choice of Law. (2009) LQR 671

Bridge, M, Gullifer, L, McMeel, G and Worthington, S. The Law of Personal Property. Sweet & Maxwell/Thompson Reuters, 1st edn (2013)

6.61, 6.62, 9.13, 9.15

7.113, 7.114

2.92, 6.04, 6.33, 6.167, 15.44, 19.01, 19.87, 19.88, 19.90, 19.91, 19.115, 19.148, 19.149, 19.151, 19.173, 19.174, 25.01

Briggs, A. The Real Scope of European Rules for Choice of Law. (2003) 119 LQR 352 33.72

Briggs, A. Private International Law in English Courts. Oxford University Press, 1st edn (2014)

Briggs, A. Civil Jurisdiction and Judgment. Informa Law from Routledge, 6th edn (2015)

Brindle, M and Cox, R (eds). Law of Bank Payments. Sweet & Maxwell, 4th edn (2010)

Brodhurst, S. Is Copyright a Chose in Action? (1895) 11 LQR 64

Burrows, A. Reforming Privity of Contract: Law Commission Report No 242. [1996] LMCLQ 467

Burrows, A. We do this at Common Law but that in Equity. (2002) 22 OJLS 1

Elliott, N, Odgers, J and Phillips, JM. Byles on Bills of Exchange and Cheques. Sweet & Maxwell, 29th edn (2013)

Calnan, R. Taking Security: Law and Practice Jordans Publishing, 3rd edn (2013)

Calnan, R. Proprietary Rights and Insolvency Oxford University Press. 2nd edn (2016)

33.01, 33.06

33.06, 33.08, 33.11, 33.21, 33.22

2.82, 4.19, 12.06, 12.20, 12.29, 13.32, 29.139

2.82, 9.06, 9.40, 12.06, 12.20

28.165, 28.174, 29.72, 29.96

29.50, 29.123

Cane, P. Tort Law and Economic Interests Clarendon Press Oxford. 2nd edn (1996). 29.19

Carruthers 2005

Carter 1901

Cartwright 2017

Carver 2017

Castagnino 2009

Chalmers & Guest 2016

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Cheshire, North & Fawcett 2017

Chitty 1999

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33.01, 33.41, 33.50

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29.84

33.87, 33.88, 33.97, 33.115, 33.116, 33.118

23.03, 23.04

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3.16, 4.03, 4.10, 4.14, 4.15, 5.13, 5.14, 5.23, 5.38, 5.84, 5.105, 5.112, 12.20, 12.37, 13.28, 15.06, 15.11, 15.12, 15.15, 15.31, 17.33, 17.48, 17.49, 17.50, 17.66, 17.67, 21.28, 23.03, 23.04, 23.06, 24.09, 25.14, 26.100, 27.50, 28.13, 28.15, 28.18, 28.19, 28.33, 28.34, 28.36, 28.37, 28.42, 30.28, 30.36, 32.30, 33.41, 33.74

7.109, 7.110

17.26, 17.28, 17.42, 17.68

3.16, 5.83, 7.15, 7.30, 7.33, 7.34, 7.80, 23.57, 29.21, 29.25, 29.26, 29.27, 29.28, 29.29, 29.30, 29.38, 29.39, 29.42, 29.43

2.71

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Corbin 1930

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CREST Guidance Note 2006

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Corbin, AL.

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Cox, R, Merrett, LA and Smith, MA. Private International Law in Reinsurance and Insurance. Informa, 1st edn (2006)

CrestCo Ltd. Equitable Mortgages over CREST Securities. Issued by CrestCo Ltd on 12 October 2006

CrestCo Ltd. CREST: The Domestic Legal Framework. Issued by CrestCo Ltd in March 2002

Cretney 1992 Cretney, S. Comment on Crago v Julian [1992] Fam Law 294

Cretney, Masson & Bailey-Harris 2008

Cretney, SM, Masson JM and Bailey-Harris, R. Principles of Family Law. Sweet & Maxwell, 8th edn (2008)

7.24, 7.25, 7.29, 7.31, 7.33, 7.34, 7.38, 7.39, 7.40, 7.43, 20.33, 20.36, 20.37, 20.38, 20.39, 20.40, 20.42, 20.44, 20.45, 20.46, 20.48, 20.49, 20.54, 20.55, 20.56

5.08, 15.51

7.12, 7.24, 7.97, 7.99, 7.100, 7.108 , 7.110, 7.112, 20.34

33.30, 33.55, 33.127

19.169

6.75, 6.76, 6.84, 19.150

18.09

22.08

Crossley Vaines 1967

De Lacy 1999

De Soto 2001

Degeling, Edelman and Goudkamp 2016

Derham 2010

Dicey, Morris & Collins 2012

Crossley Vaines, J. Personal Property Butterworths, 4th edn (1967)

De Lacy, J. The Priority Rule of Dearle v Hall Restated. [1999] Conv 311

De Soto, H. The Mystery of Capital. Black Swan, 1st edn (2001)

Degeling, S, Edelman, J and Goudkamp. J. Contract in Commercial Law. Thompson Reuters, 1st edn (2016)

Derham, R. The Law of Set-off. Oxford University Press, 4th edn (2010)

Collins, L and others (eds). Dicey Morris & Collins: The Conflict of Laws. Sweet & Maxwell, 15th edn (2012); as subsequently updated by the supplements of 2014, 2015, 2016 and 2017

2.122, 2.123, 7.12, 7.29, 28.87

Dickinson & Lein 2015

Dictionary of Etymology

Dixon 2016

Edelman 2005

Edelman & Elliott 2015

Elliott 1960

Elphinstone 1893

Emery 1982

English Private Law 2013

Enright 2007

Dickinson, A and Lein, E. The Brussels I Regulation Recast. Oxford University Press, 1st edn (2015)

Online Etymology Dictionary. Douglas Harper (2017) https://www.etymonline.com/word/assign

Dixon, M. Modern Land Law. Routledge, 10th edn (2016)

11.10, 11.11, 11.12, 11.13, 11.15, 11.16, 11.17, 11.68

26.55, 26.56, 26.61, 26.62, 26.63, 26.64, 26.66, 26.68, 26.79, 26.80, 26.81, 26.82, 26.93, 30.66, 30.67, 30.68

33.01, 33.03, 33.06, 33.26, 33.29, 33.35, 33.38, 33.41, 33.44, 33.50, 33.51, 33.54, 33.58, 33.59, 33.61, 33.63, 33.66, 33.67, 33.74, 33.87, 33.88, 33.89, 33.90, 33.92, 33.95, 33.96, 33.98, 33.107, 33.113, 33.115, 33.125, 33.127

33.01, 33.06, 33.08, 33.21

8.33, 18.18, 18.35, 18.39

Edelman, C, Burns, A, Craig, D and Nawbatt, A. The Law of Reinsurance. Oxford University Press, 1st edn (2005) 17.87

Edelman, J and Elliott, S. Two Conceptions of Equitable Assignment. (2015) 131 LQR 228

Elliott, DW. The Power of Trustees to Enforce Covenants in Favour of Volunteers. (1960) 76 LQR 100

Elphinstone, HW. What is a Chose in Action? (1893) 9 LQR 311

Emery, CT. The Most Hallowed Principle— Certainty of Beneficiaries of Trusts and Powers of Appointment. (1982) 98 LQR 551

Burrows, A (ed). English Private Law. Oxford University Press, 3rd edn (2013)

Enright, WIB. Professional Indemnity Insurance Law. Sweet & Maxwell, 2nd edn (2007)

10.14, 11.10, 11.11, 11.12, 11.13, 11.16, 11.51, 11.60, 1164, 11.66, 11.67, 11.68, 11.71, 11.72, 11.73, 11.74, 11.77, 11.129, 33.54

15.63, 15.76, 15.82

2.62, 2.76

14.22

2.51, 2.52, 2.85, 2.115, 5.12, 7.05, 7.06, 7.23, 7.90, 7.112, 28.08, 29.04, 29.05, 31.20

17.08, 17.09, 17.12, 17.19, 17.35

EU Legal Certainty Group 2006

Fawcett & Torremans 2011

Ferran 2014

Fentiman 2015

Financial Markets Law Committee 2004

Financial Conduct Authority Handbook

Finn 1987

Fletcher 2017

Flessner & Verhagen 2006

Fogel et al 1997

EU Legal Certainty Group. Advice Regarding EU Clearing and Settlement. (11 August 2006)

Fawcett, JJ and Torremans, P. Intellectual Property and Private International Law. Oxford University Press, 2nd edn (2011)

Ferran, E. Principles of Corporate Finance Law. Oxford University Press, 2nd edn (2014)

Fentiman, R. International Commerical Litigation. Oxford University Press, 2nd edn (2015)

Financial Markets Law Committee. Issue 3 –Property Interests in Investment Securities. (July 2004)

Financial Conduct Authority. Client Assets Sourcebook (CASS). (May 2015)

Finn, PD. Equity and Commercial Relationships. Law Book Company Ltd, 1st edn (1987)

Fletcher, IF. The Law of Insolvency. Sweet & Maxwell, 5th edn (2017)

Flessner, A and Verhagen, H. Assignment in European Private International Law: Claims as Property and the European Commission’s “Rome I Proposal”. Sellier/European Law Publishers, 1st edn (2006)

Fogel, S, Riley A, Rogers P, Slessenger E and Dale, G. Privity of Contract: A Practitioner’s Guide. Titmuss Sainer Dechert/College of Law, 2nd edn (1997)

7.110, 7.111

17.117, 30.01, 30.15, 30.20, 30.23, 30.24, 30.28, 30.36, 30.57, 30.63

33.01

18.32, 18.35, 18.37

Fordham 2012

Foskett 2015

Fox 1996

Fox 2008

Fry 1921

Fuller 2012

Fordham, M. Judicial Review Handbook. Hart Publishing, 6th edn (2012)

Foskett, D. Foskett on Compromise. Sweet & Maxwell, 8th edn (2015)

Fox, D. Bona Fide Purchase and the Currency of Money. [1996] CLJ 547.

Fox, D. Property Rights in Money. Oxford University Press. 1st edn (2008)

Fry, E (6th edn Northcote, GR). A Treatise on the Specific Performance of Contracts Stevens, 6th edn (1921)

Fuller, G. The Law and Practice of International Capital Markets. LexisNexis, 3rd edn (2012)

3.11

2.116, 3.26

12.40, 12.41, 12.42, 12.45, 29.65, 29.66, 29.67, 29.68, 29.69, 29.70, 29.71, 29.76, 29.80, 29.84, 29.139

15.10, 15.17

6.04, 6.07, 6.14, 6.16, 6.17, 6.20, 6.33, 6.39, 6.40, 6.58, 6.65, 6.64, 6.112, 9.36, 9.37, 9.38, 19.98, 19.99, 32.49, 33.44, 33.110

Fysh 2010

G30 1989

Gardner 1987

Garton 2003

Gee 2016

Getzler 2003

Getzler & Payne 2006

Giovannini Group 2001

Giovannini Group 2003

GiulianoLagarde Report 1980

Gleeson 1997

Goddard 1988

Goff & Jones 2016

Goode 1976

Goode 1979

Goode 1983

Goode 1987

Cook, T, Fysh, M, Roughton, A and Johnson, P. The Modern Law of Patents. LexisNexis, 2nd edn (2010)

Group of Thirty. Clearance and Settlement Systems in the World’s Securities Markets Group of Thirty, 1st edn (1989)

Gardner, S. Equity, Estate Contracts and the Judicature Acts: Walsh v Lonsdale Revisited (1987) 7 OJLS 60

Garton, J. The Role of the Trust Mechanism in the Rule in Re Rose. (2003) 67 Conv 364

Gee, S. Commercial Injunctions. Sweet & Maxwell/Thomson Reuters. 6th edn (2016)

Getzler, J (ed). Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn. Butterworths, 1st edn (2003)

Getzler, J and Payne, J (eds), Company Charges: Spectrum and Beyond. Oxford University Press, 1st edn (2006)

The Giovannini Group. Cross-Border Clearing and Settlement Arrangements in the European Union. (November 2001)

The Giovannini Group. Second Report on EU Clearing and Settlement Arrangements. (April 2003)

Giuliano, M and Lagarde P. Report on the Convention on the Law Applicable to Contractual Obligations. [1980] OJ C 282/1

Gleeson, S. Personal Property Law. Sweet & Maxwell, 1st edn (1997)

33.32, 33.36, 33.44, 33.50, 33.54, 33.124

Goddard, D. Equity, Volunteers and Ducks. (1988) 52 Conv 19 15.76

Mitchell, C, Mitchell, P and Watterson, S (eds). Goff & Jones: The Law of Unjust Enrichment. Sweet & Maxwell, 9th edn (2016)

4.03, 23.62, 28.25, 28.28, 28.29, 28.158, 29.19, 29.57, 29.84, 29.85, 29.124, 31.04, 31.08, 31.09, 31.10, 31.18

Goode, RM. The Right to Trace and its Impact in Commercial Transactions—II. (1976) 92 LQR 528 27.95

Goode, RM. Inalienable Rights? (1979) 42 LQR 553 25.01, 25.02, 25.03, 25.05, 25.11, 25.14, 25.15, 25.22

Goode, RM. Payment Obligations in Commercial and Financial Transactions Sweet & Maxwell, 1st edn (1983) 4.14

Goode, RM. Ownership and Obligation in Commercial Transactions. (1987) 103 LQR 438

Goode 2003

Goode, RM. Are Intangible Assets Fungible? [2003] LMCLQ 379–88

Goode 2016 McKendrick, E. Goode on Commercial Law LexisNexis/Butterworths, 5th edn (2016)

Goode 2017

Goode, Kanda and Kreuzer 2005

Gorham & Singh 2009

Gower & Davies 2003

Gower & Davies 2016

Gullifer, L. Goode and Gullifer on Legal Problems of Credit and Security. Sweet & Maxwell/Thomson Reuters, 6th edn (2017)

Goode, RM, Kanda, J and Kreuzer, K. Hague Securities Convention: Explanatory Report. Martinus Nijhoff Publishers, 1st edn (2005)

Gorham, M and Singh, N. Electronic Exchanges: The Global Transformation from Pits to Bits. Elsevier, 1st edn (2009)

Davies, PL. Principles of Modern Company Law. Sweet & Maxwell/Thompson Reuters, 7th edn (2003)

Davies, PL and Worthington, S. Principles of Modern Company Law. Sweet & Maxwell/Thompson Reuters, 10th edn (2016)

2.134, 4.29, 6.04, 13.53, 26.19

2.08, 2.11, 2.78, 2.79, 2.81, 2.82, 2.134, 4.29, 9.03, 9.40, 12.01, 25.01, 33.71

2.134, 6.117, 6.172, 13.53, 15.41, 15.44, 15.46, 25.01, 25.11, 25.14, 25.22, 32.03, 32.19, 32.20, 32.21, 32.30, 32.43, 32.57, 32.59, 32.80

33.116

6.39, 19.18, 32.48

6.23

6.09, 6.13, 6.14, 6.22, 6.23, 6.24, 6.25, 6.27, 6.28, 6.29, 6.30, 6.33, 6.51, 6.52, 6.57, 6.60, 6.61, 6.185, 6.186, 6.187, 19.03, 19.89, 19.91, 19.118, 19.120, 19.151

Gravells 1994 Gravells, NP. Enforcement of Positive Covenants Affecting Freehold Land. [1994] 110 LQR 346 21.08

Gray 1991 Gray, K. Property in Thin Air. [1991] CLJ 252

Gray & Gray 2011

Green 1984

Green & Randal 2009

Guest 1961

Guest 2015

Gray, K and Gray, SF. Elements of Land Law Oxford University Press, 5th (paperback) edn (2011)

2.08, 2.10, 2.44

2.08, 2.12, 2.86, 2.130, 2.131, 8.04, 8.06, 8.07, 8.08, 8.11, 8.21, 8.27, 8.36, 8.50, 13.57, 13.58, 15.01, 15.05, 15.06, 18.05, 18.09, 18.17, 18.18, 18.30, 18.34, 18.57, 21.07, 21.09, 21.10, 26.47, 27.119, 27.120, 28.12

Green, B. Grey, Oughtred and Vandervell—A Contextual Reappraisal. (1984) 47 MLR 385 13.68

Green, S and Randall, J. The Tort of Conversion. Hart Publishing. 1st edn (2009)

Guest, AG. Oxford Essays in Jurisprudence Oxford University Press, 1st edn (1961)

Guest, A. Guest on the Law of Assignment. Sweet & Maxwell, 2 edn (2015)

Gullifer & Payne 2015

29.44, 29.45

2.39, 2.40, 2.42

15.25, 15.30, 15.37, 15.41, 15.44, 15.46, 16.16, 16.48, 23.20, 23.37, 23.64, 33.41, 33.48, 33.49, 33.51, 33.57, 33.60, 33.61, 33.67, 33.91, 33.107

Gullifer, L and Payne, J. Corporate Finance Law: Principles and Policy. Hart Publishing, 2nd edn (paperback) (2015) 19.149, 19.174 nd

Gurry 2012

Häcker 2013

Halsbury (Vol 80) 2013

Halsbury (Vol 13) 2017

Hanbury & Martin 2015

Hannigan 2015

Hardy Ivamy 1993

Hardy Ivamy 1993a

Harpum & Bignell 2004

Harris 1971

Harris 1995

Harris 2002

Hartley 2011

Aplin, T, Bently, L, Johnson, P and Malynicz, S (eds). Breach of Confidence. Oxford University Press, 2nd edn (2012)

Häcker, B. Consequences of Impaired Consent Transfers. Hart Publishing. 1st edn (2013)

Halsbury’s Laws of England. Butterworths/LexisNexis, 5 edn. Volume 80 (2013)

Halsbury’s Laws of England. Butterworths/ LexisNexis, 5th edn. Volume 13 (2017)

Glister, J and Lee, J. Hanbury and Martin: Modern Equity. Sweet & Maxwell, 20th edn (2015)

Hannigan, B. Company Law. Oxford University Press, 4th edn (2015)

Hardy Ivamy, ER. General Principles of Insurance Law. Butterworths, 6th edn (1993) 17.32, 17.68

Hardy Ivamy, ER. Chalmers’ Marine Insurance Act 1906. Butterworths, 10th edn (1993)

Harpum, C and Bignell J. Registered Land: Law and Practice under the Land Registration Act 2002. Jordans, 1st edn (2004)

Harris, JW. Trust, Power and Duty. (1971) 87 LQR 31

Harris, JW. Private and Non-private property: what is the difference? [1995] LQR 42

Harris, JW. Property and Justice. Oxford University Press, 1st edn (2002)

Hayton 1994

Hayton 1994a

Hedley 2001

Heydon, Leeming & Turner 2014

8.21, 8.30, 8.41, 8.43, 18.14, 18.56, 18.57, 18.62, 18.64, 18.65, 21.07, 21.10, 26.46, 26.47

Hartley, TC. Choice of Law Regarding the Voluntary Assignment of Contractual Obligations Under the Rome I Regulation. (2011) 60 CLQ 29 33.01, 33.57

Hayton, D. Uncertainty of Subject-Matter of Trusts. (1994) 110 LQR 335

Hayton D. Ascertainability in Transfer and Tracing of Title. [1994] LMCLQ 449

Hedley, W and Hedley, R. Bills of Exchange and Bankers’ Documentary Credits. LLP, 4th edn (2001) 12.06, 12.20, 12.29, 12.38

Heydon, J, Leeming, M and Turner, P. Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies. LexisNexis, 5th edn (2014)

11.40, 13.73, 13.86, 15.09, 15.22, 15.76, 15.84

Hohfeld 1964

Holdsworth (Vol 3) 1935

Holdsworth (Vol 7) 1925

Hollond 1943

Hopper & TrevertonJones 2017

Horn 2002

Hornby 1962

Houseman 2016

Huang 2010

Hudson 1984

Hudson 2008

Hudson 2013

International Encyclopedia Vol VII Ch 13

Jack Report 1989

Jaconelli 1998

Jones & Goodhart 1996

Hohfeld, WN (ed Cook, WW). Fundamental Conceptions as Applied in Judicial Reasoning Yale University Press, 3rd edn (1964)

2.15, 2.16, 2.17, 2.19, 2.20, 2.21, 2.22, 2.24, 2.25, 2.27, 2.29, 2.30, 2.32, 2.34, 2.35, 2.36, 2.37

Holdsworth, WS. A History of English Law. Methuen & Co, 4th edn (1935) 18.48

Holdsworth, WS. A History of English Law Methuen & Co, 1st edn (1925)

Hollond, HA. Further Thoughts on Equitable Assignments of Legal Choses in Action (1943) 59 LQR 129

Hopper, A and Treverton-Jones G. The Solicitors Handbook 2012. The Law Society (2017)

Horn, N (ed). Legal Issues in Electronic Banking. Kluwer Law International, 1st edn (2002)

Hornby, JA. Covenants in Favour of Volunteers. (1962) 78 LQR 228

John, N, Murphy, S and Surridge, R (eds). Houseman’s Law of Life Assurance Bloomsbury Professional, 15th edn (2016)

Huang, J. The Law and Regulation of Central Counterparties. Hart Publishing, 1st edn (2010)

Hudson, A. Is Divesting Abandonment Possible at Common Law? (1984) 100 LQR 110

Hudson, A. Securities Law. Sweet & Maxwell/Thompson Reuters, 1st edn (2008)

Hudson, A. The Law of Finance. Sweet & Maxwell/Thompson Reuters, 2nd edn (2013)

Kötz, H. International Encyclopedia of Comparative Law: Contracts in General (Rights of Third Parties; Third Party Beneficiaries; and Assignment. JCB Mohr and Martinus Nijhoff. Volume VII Chapter 13 (1992)

Jack, RB. Banking Services: Law and Practice Report by the Review Committee. Cm 622. February 1989

2.56, 2.57, 2.58, 2.59, 2.61, 2.62, 2.71 2.82, 10.07, 10.08, 10.11, 10.12, 10.14

15.63, 15.76, 15.82

17.11, 17.56, 17.57, 17.61

19.16, 19.43, 19.45, 19.46, 19.47, 19.60, 19.62, 19.63, 19.66

28.38

6.04, 6.07

19.30, 19.42

29.66, 29.67, 29.69, 29.70

9.45, 12.20

Jaconelli, J. Privity: The Trust Exception Examined. [1998] Conv 88 15.51

Jones, J and Goodhart, W. Specific Performance. Butterworths, 2nd edn (1996) 15.06

Joseph 2015

Kerly 2011

Kloss 1975

Lalive 1955

Lasok & Stone 1987

Law Comm 242 (1996)

Law Comm 272 and Scottish Law Comm 184 (2001)

Law Comm 296 (2005)

Law Comm Electronic Commerce (December 2001)

Law Comm Further Updated Advice to HM Treasury (May 2008)

Law Comm 201 and Scottish Law Comm 152 (March 2012)

Law Reform Committee 1971

Lawson & Rudden 2002

Lee 1956

Joseph, D. Jurisdiction and Arbitration Agreements and their Enforcement. Sweet & Maxwell, 3rd edn (2015)

Kitchin, D, Llewelyn, D, Mellor, J, Meade, R, Moody-Stuart, T and Keeling, D. Kerly’s Law of Trade Marks and Trade Names. Sweet & Maxwell, 15th edn (2011); as subsequently updated by the supplement of 2014

Kloss, M. Notice of the Equitable Assignment of a Chose in Action. (1975) 39 Conv (NS) 261

Lalive, PA. The Transfer of Chattels in the Conflict of Laws. Oxford University Press, 1st edn (1955) 2.08, 2.49, 2.51

Lasok, D and Stone PA. Conflict of Laws in the European Community. Professional Books Ltd, 1st edn (1987)

The Law Commission. Final Report No 242. Privity of Contract: Contracts for the Benefit of Third Parties. HMSO (1996) 5.29, 5.35

The Law Commission and The Scottish Law Commission. Third Parties – Rights Against Insurers. Cm 5217 (2001)

17.144, 17.148

The Law Commission. Final Report No 296. Company Security Interests. Cm 6654 (2005)

The Law Commission. Electronic Commerce: Formal Requirements in Commercial Transactions. December 2001

The Law Commission. The UNIDROIT Convention on Substantive Rules regarding Intermediated Securities: Further Updated Advice to HM Treasury. May 2008

The Law Commission and The Scottish Law Commission. Insurance Contract Law: Post Contract Duties and Other Issues. March 2012

9.40, 9.41

6.136, 19.141, 19.143

17.89

The Law Reform Committee. 18th Report, Conversion and Detinue. (1971) Cmnd 4774 29.24

Lawson, FH and Rudden, B. The Law of Property. Oxford University Press, 3rd edn (2002)

Lee, RW. The Elements of Roman Law. Sweet & Maxwell, 4th edn (1956)

2.08, 2.11, 2.13, 2.39, 2.44, 2.52, 2.76, 2.78, 2.79, 9.03

Lee 1969

Lewin 2015

Lewison 2015

Logan 1945

Lowe & Douglas 2015

MacGillivray 2015

MacMillan 2000

Macnair 1988

Maitland 1936

Mance 1995

Mann 1992

Mann 2012

Marshall 1950

Marshall 1950a

Martin 1992

Masson, Bailey-Harris & Probert 2008

Matheson 1966

Lee, WA. The Public Policy of Re Cook’s Settlement Trusts. (1969) 85 LQR 213

Tucker, L, Le Poidevin, N, Brightwell, J (eds). Lewin on Trusts. Sweet & Maxwell/Thomson Reuters. 19th edn (2015); as subsequently updated by the supplement of 2016

Lewison, K. The Interpretation of Contracts Sweet & Maxwell, 6th edn (2015)

Logan, DW. A Civil Servant and his Pay (1945) 61 LQR 240

Douglas, G and Lowe, N (eds). Bromley’s Family Law. Oxford University Press, 11th edn (2015).

Birds, J, Lynch, B and Paul, S (eds). MacGillivray on Insurance Law. Sweet & Maxwell, 13th edn (2015); as subsequently updated by the supplement of 2017

15.76, 15.82

13.06, 14.59, 15.84, 29.13, 29.148, 29.151

14.59, 14.60, 24.06, 32.29, 32.30

22.01, 22.03

31.19

17.08, 17.10, 17.28, 17.34, 17.42, 17.102, 17.105, 17.117, 17.129, 17.130, 21.28, 31.11, 31.12, 31.13

MacMillan, C. A Birthday Present for Lord Denning: the Contracts (Rights of Third Parties) Act 1999. (2000) 63 MLR 721 5.23

Macnair, MRT. Equity and Volunteers. (1988) 8 Legal Studies 172 15.76

Maitland, FW (revised, Brunyate, J). Equity: A Course of Lectures. Cambridge University Press, 2nd edn (1936)

Mance, J. Insolvency at Sea. [1995] LMCLQ 34

Mann, FA. The Legal Aspect of Money Clarendon Press, 5th edn (1992)

Proctor, C. Mann on the Legal Aspect of Money. Oxford University Press, 7th edn (2012)

Marshall, OR. The Assignment of Choses in Action. Sir Isaac Pitman & Sons Ltd, 1st edn (1950)

2.69, 2.70, 10.22, 10.26, 11.71, 11.78, 11.124, 15.75

12.36, 12.37, 12.40

2.48, 2.76, 2.99, 7.86, 10.06, 10.07, 11.04, 13.80, 13.82, 13.85, 13.90, 14.35, 16.07, 16.11, 23.19, 26.49

Marshall, OR. Anachronisms in Equity. (1950) 3 CLP 30 15.63

Martin, J. Casenotes Editor’s Notes. [1992] Conv 268 18.09

Cretney, SM, Masson, J, Bailey-Harris, J and Probert, R. Principles of Family Law. Sweet & Maxwell, 8th edn (2008)

Matheson, D. The Enforceability of a Covenant to Create a Trust. (1966) 29 MLR 397

22.08, 33.19

15.63, 15.59, 15.65

Matthews 1981

McGee 2014

McKendrick 1994

McLaughlan 1980

McKnight 2017

McMeel 2003

Matthews, P. The Constitution of Disclaimed Trusts Inter Vivos. [1981] Conv 141

McGee, A. Limitation Periods. Sweet & Maxwell/Thompson Reuters, 7th edn (2014); as subsequently updated by the supplement of 2017

McKendrick, E. Unascertained Goods: Ownership and Obligation Distinguished (1994) 110 LQR 509

McLaughlan, DW. Priorities—Equitable Tracing Rights and Assignments of Book Debts. (1980) 96 LQR 90 27.95, 27.101, 27.105

Paterson, S and Zakrzewski, R (eds). The Law of International Finance. Oxford University Press, 2nd edn (2017)

McMeel, G. On the Redundancy of the Concept of Bailment in Hudson, A (ed) New Perspectives on Property Law, Obligations and Restitution. Cavendish (2003)

McMeel 2004

McMeel 2017

Meagher & Lehane 1976

Meagher, Gummow & Lehane 2002

Megarry 1943

Megarry & Wade 2012

Merkin 2000

Micheler 2007

Milnes Holden 1955

Milnes Holden 1993

McMeel, G. The Modern Law of Assignment: Public Policy and Contractual Restrictions on Transferability. [2004] LMCLQ 483

McMeel, G. The Construction of Contracts: Interpretation, Implication and Rectification Oxford University Press, 3rd edn (2017)

Meagher, RP and Lehane, JRF. Trusts of Voluntary Covenants. (1976) 92 LQR 427

Meagher, RP, Heydon, JD and Leeming MJ. Equity: Doctrines and Remedies. Butterworths LexisNexis, 4th edn (2002)

6.39, 6.61, 6.112

15.76, 15.82

11.40, 11.54, 13.65, 13.87

Megarry, RE. Consideration and Equitable Assignments of Legal Choses in Action (1943) 59 LQR 58 13.90

Harpum, C, Bridge, S and Dixon, M. Megarry & Wade: The Law of Real Property. Sweet & Maxwell/Thomson Reuters. 8th edn (2012)

Merkin, R (ed). Privity of Contract: the Impact of the Contracts (Rights of Third Parties) Act 1999. LLP, 1st edn (2000)

Micheler, E. Property in Securities. Cambridge University Press, 1st edn (2007)

Milnes Holden, J. The History of Negotiable Instruments in English Law. The Athlone Press, 1st edn (1955)

Milnes Holden, J. Law and Practice of Banking: Volume 2 – Securities for Bankers’ Advances Pitman Publishing, 8th edn (1993)

8.05, 8.07, 8.20, 8.45, 18.05, 18.25, 18.41, 18.42, 18.43, 21.07, 21.08, 21.09, 21.10, 29.64

5.23, 5.35

6.39, 6.41, 19.115, 32.48

9.07, 9.13, 9.15, 10.07, 10.15, 12.46

9.06

Mitchell 1994

Mitchell 2010

Mitchell 2012

Mitchell & Watterson 2007

Moles & Terry 1999

Mollman 2011

Morcom, Roughton & St Quintin 2016

Moshinsky 1992

Mugasha 2007

Myners 2004

Mitchell, C. The Law of Subrogation. Oxford University Press, 1st edn (1994)

Mitchell, C (ed). Constructive and Resulting Trusts. Hart Publishing, 1st edn (2010)

Mitchell, C and Mitchell, P (eds). Landmark Cases in Equity. Hart Publishing, 1st edn (2012) 14.25

Mitchell, C, Watterson, S. Subrogation: Law and Practice. Clarendon Press, 2nd edn (2007)

Moles, P and Terry, N. The Handbook of International Financial Terms. Oxford University Press, 1st (paperback) edn (1999)

Mollman, A. Security Assignment of Debts and the Conflict of Laws. (2011) LMCLQ 262

Morcom, C, Roughton, A and St Quintin, T. The Modern Law of Trade Marks. LexisNexis, 5th edn (2016)

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It was to the beauty of Louis XIV.’s hair when he was a little boy, that the huge, hideous periwigs seem to owe their invention. Nature’s ruling has its exceptions in the bestowal of naturally curling head-covering, and desiring to offer the sincerest flattery of imitation, the French courtiers and the ingenuity of the coiffeurs combined to invent the huge periwigs, which in some sort of fashion even contrived to live through the French Revolution and the Terror itself; for did not Robespierre preside at the great Feast of the Supreme Being in about the ugliest, primmest bobtail wig ever fashioned on barber’s block?

As to the women’s dress in France, it varied somewhat according to their rank. Middle-class bourgeoises wore the scantiest covering out-of-doors on their necks and shoulders; not even in church was their attire more modest. To so scandalous a length was this carried, that it brought on them more than one remonstrance from the pulpit; and Englishwomen, taking as always, their fashions from Paris, followed suit. A Nonconformist English divine published a translation of a French work by “A grave and learned Papist”—possibly the Curé of St Étienne—who reprehended in no measured terms the “shameful enormity,” as he phrased it, of this style of dress. The ladies of the great world ordinarily went with more circumspection in the streets, and nearly always, also, they wore a mask. It was generally made of black velvet, lined with white satin. It fixed itself on the face with a spring, and was fastened with a thin wire, which was terminated by a glass button that could be dropped between the lips, and so disguise the voice. The female style of dressing the hair was to gather it up in a bunch at the crown of the head, leaving some curls to hang on each side of the face; over this was placed a sort of little linen hood, the points of which usually reached to the shoulders. The gowns were wide-sleeved and long-waisted, with a skirt embroidered or trimmed with lace. A small dog was almost indispensable to a lady of fashion. The little creatures were very pretty, generally having pointed muzzles and ears. Women took snuff and smoked, and the traces of these habits were apt to leave their ugly reminders about their persons and dress.

A great many new streets and houses were added to the city. The increase in the number of public vehicles rendered the streets very noisy, while the filth of the ways was indescribable; but this did not hinder women from walking in velvet slippers, or pages and lackeys from wearing bright, gold-laced scarlet livery.

The state of morals, from highest to lowest, was at a low ebb. Vice permeated every class, from the clergy and nobility to the dregs of the populace. Murder and barefaced robbery took place constantly in the streets; the rage for gambling was boundless, and the cardinalminister made no attempt to check the shameful licence of the green tables.

Yet Paris was fair and brilliant to the eye when Maria Théresa made her entry in the most magnificent carriage of the cortège which occupied three hours in passing. The princess was not beautiful; but her expression was amiable, and her complexion very fair for a Spanish woman. She wore a mantle of violet velvet embroidered with golden fleur-de-lis over a robe of white brocade covered all down the front with a splendid rivière of emeralds, and she wore her crown with infinite grace and dignity

The fierce light that beats upon the lives of kings and queens was at its fiercest when cast upon the life of the Sun-King. His marriage with the Spanish princess was one of policy and convenience, and as such there have been unions more disastrous. If love played no great part in it, at least the king was true to the dignity and a certain gentle courtesy and good-nature underlying the pomp and extravagant display with which he was pleased to surround himself; and Maria Théresa’s record of a queen’s life bears no startling evidence of unhappiness or discontent—something indeed to the contrary.

CHAPTER XV

Réunions The Scarrons The Fête at Vaux The Little Old Man in the Dressinggown Louise de la Vallière How the Mice Play when the Cat’s Away “Pauvre Scarron” An Atrocious Crime

The return of St Evrémond brought about the restoration of the old pleasant Monday and Friday réunions of the rue des Tournelles— whose regularity so many untoward events had greatly and for so long interfered with.

Ninon could afford to dispense with the less interesting society of the Louvre, where, except for Madame de Choisy’s friendship, no very cordial hand had ever been extended to her; while the cultured, refined Bohemianism of her salon was probably more acceptable to many of her distinguished friends. They at all events gathered there numerously. Monsieur de la Rochefoucauld, ever faithful to the beautiful Duchesse de Longueville; Condé; the brilliant society doctor of his day and memoir writer, Guy Patin; Monsieur de la Châtre, also a chronicler of his period; Monsieur de Villarceaux, Corneille, whose tragedy of Œdipus brought him back in highheaped measure the success which had waned since the production of The Cid, so greatly that he had nearly lost heart for dramatic work; Molière—these two the brightest and best-beloved stars of Ninon’s firmament. Monsieur Voiture was now no more. His empty niche was filled by Boileau, who introduced to her his young friend, Racine. Occasionally, by kind permission only of Madame de la Sablière, came la Fontaine. Among the ladies of her company were Madame de la Fayette, the authoress of Zaïde and of the Princesse de Clèves; Madame Deshoulières, called “the French Calliope”; and, as

healing Time’s wings now and again bring, it was Molière himself who effected pleasant relations once more with Julie de Rambouillet, now Duchesse de Montausier; Madeleine de Scudéri, the distinguished précieuse, held aloof.

On Wednesdays the Scarrons received their friends, most of those the same as Ninon’s. Françoise had now long been the wife of Scarron, and his wit and her beauty attracted a numerous company. The brother of Françoise had not mended his ways. He was still the ne’er-do-well result of his miserable bringing up; yet there was something not to dislike, even something of a soul of good in d’Aubigné’s evil. The poor crippled poet and his wife were happy in their union. Scarron had indeed but two faults to find in his Françoise —one of them to wit, that she devoted herself too closely to him, at the sacrifice of health and spirits. She had copied all his Roman Comique for him in her beautiful handwriting, and Scarron, noting that she looked pale and fatigued, begged Ninon to take her about a little with her into the gaieties of life.

Scarron’s chronic ailments had not affected his appetite; possibly amusement being necessarily very restricted for him, his naturally gourmand proclivities had increased. This was to such an extent, that his wife went ever in fear of his indigestions, and when he suggested that she would be so much better for occasional absences from home, Ninon did not ascribe it to pure and simple anxiety for Françoise, but also to his seizing a better chance for eating three times as much as was good for him. Her vigilance in this particular was the other defect he perceived in her. The desired opportunity, however, soon presented itself.

Monsieur Fouquet, the powerful superintendent of finance, was a friend of Ninon—that and nothing more—and one day he confided to her that he had fallen in love with the daughter of the maître d’hôtel of the Duc d’Orléans, and desired to ask her hand in marriage. He hoped, in fact believed, that she was not indifferent to him; but to make certain, he asked Ninon, such an adept in the tender passion, as he said, to watch her at the great fête he was about to give at his

magnificent estate at Vaux. It was to be on a superb scale. All the Court, with all the Upper Ten, were invited guests. They were to appear in masquerade costume. Ninon, holding that the good turn Monsieur Fouquet sought of her, merited his ever generous consideration, asked him to allow her to bring a lady friend with her to the fête; this favour he accorded with great pleasure, and Ninon delightedly informed Madame Scarron that she was the chosen friend. Equally delighted, Madame Scarron selected her fancy costume; it was that of a Normandy shepherdess, and confectioned with all the good taste of Françoise. The tunic was of yellow cloth, with Venice point undersleeves, her collarette was of Flemish lace, and Ninon lent her some of her diamonds wherewith to adorn her ribbon-tied crook. Ninon’s costume was composed of pearl-grey satin, trimmed with silver lace stitched with rose-coloured silk, an apron of black velvet, and a cap plumed with crimson feathers.

With many instructions to Nanon Balbien, the maid-servant, to take good care of her master, and to keep a close eye on him at meal-time, Madame Scarron drove away in the coach with Ninon to Vaux, where they duly arrived.

Le Nôtre, the royal gardener, had received orders to construct a splendid ballroom in the middle of the park, and, in the depths of winter though it was, he achieved a triumph of gorgeous magnificence. Orange trees were massed within the huge tent, and flowers of every hue were brought together from every hothouse and possible quarter, to render the scene a veritable fairyland, glowing in the thousand lamps depending from the gilded chains winding amid the sheeny foliage.

But who has not heard of that fête, the ill-omened thing that brought its lavish giver disaster? Among the guests—named indeed first on the list of the invited—was she whom Fouquet sought to honour, perhaps even for whom he organised the entertainment— Louise de la Vallière; and among the male masquers dancing vis-àvis to her, murmuring low as they met, was one habited as an old man in a dressing-gown, domino sort of cloak, who was, in sooth,

but a young man, the king, Louis XIV. It was not the first dawning of their love that night at Vaux. Already, at a ball at the Louvre, Louis had given her a rose, one that was incomparable for sweet perfume and loveliness. Innocent or politically guilty, it was all one for the great superintendent of finance. He had dared to love the woman Louis loved, and the doom of Fouquet was sealed.

And the merry going out of Ninon and her friend also found a mournful coming in; for when they arrived in Paris next morning and Françoise alighted from the coach, Nanon hurried to the door to meet her “Ah, mademoiselle—madame!” she cried, with a face wild with distress and terror, “he is dying! he is dying!—my poor master!”

“Bonte divine! how did it come about?” asked the two ladies in a breath.

Nothing more simple. The master, to begin with, immediately on the departure of Ninon and his wife for Vaux, had despatched Nanon with a note to his good-for-nothing brother-in-law. D’Aubigné, having read the note, said that it was all right, and he would come and pass the evening with Monsieur Scarron. Nanon, thus feeling herself free also to enjoy an evening out like the rest, spent it with Jean Claude, a young man cousin of hers; but when at a fairly decent hour she returned home, an appalling picture met her eyes. On the table prepared for supper, lay, or stood as might be, seven empty bottles, the bones of a capon on the empty plates, with the crumbs of two Chartres pasties, and an empty Strasburg goose pot, also well cleared, madame’s brother under the table, and Monsieur Scarron lying back in his wheel-chair, waxen-white, speechless, but convulsed with a hiccough, a terrible hiccough that had never ceased all night, Nanon said.

“Fly for a doctor!” cried Ninon.

And one of grave and profoundly calm aspect appeared, and proceeded to examine his unconscious patient’s condition; then he shook his head. “He is a dead man,” he said.

“Ah, quick, Nanon! Quick to the rue de l’Arbre Sec, for Doctor Guy Patin.”

“What!” cried the doctor, with almost a yell of horror, “the foe to antimony! I would sooner see the devil himself!” and he fled; for the battle of antimony was at fierce pitch just then. As a medicinal agent it was opposed by the medical profession to such an extent, that the Parliament of Paris forbade its use; although already many of the profession were as strongly in its favour. Meanwhile Ninon sprinkled the face and hands of the sick man with cold water. He opened his eyes and recognised the two.

“Ah!” murmured he, “what a delicious supper. In this world, I fear, I shall never have another like it.”

“We have sent for Guy Patin. He will cure you.”

“Guy Patin?—yes, he is a grand creature; but, ah!”—and the hiccough, which had momentarily ceased, recommenced. “Well, people don’t die of a hiccough, I suppose,” went on Scarron—alas! for the mistake!—“but that goose, and the pasty, how excellent they were! Take your pen, dearest Françoise—it is indigestion—yes, but one of rhymes—till Guy Patin comes. I will see what rhyming will do for me—some good, surely, for my rhymes shall be of Ninon. Take your pen, Françoise, and write.”

And as well as she could for her tears, the poor wife wrote Scarron’s swan’s-song in praise of Ninon. “Well, are they detestable?” he asked then, between the never-ceasing convulsion of hiccoughs. “No matter. I have rhymed—on my deathbed—for it is useless to deceive myself—I—I die.” One last convulsion, that shook his whole distorted frame, seized him, and he fell back dead.

Then from the depths of the room loomed a dishevelled figure. It was d’Aubigné. “Dead!” he murmured, leaning over the corpse of his boon companion. “Well, he ate—all—and I—drank all. De profundis”—and he shuffled out.

Guy Patin entered, but all was of no avail now for “le pauvre Scarron,” as he called himself.

No ordinary character of a man was the first husband of Françoise d’Aubigné, the woman he so sincerely loved and admired, so disinterestedly loved, that he would, had she desired, have denied himself the happiness of living in her society—for he had offered her the choice of placing her en pension in a convent at the expense of his own scanty incomings. Driven from his rights as a child, gifted with great wit and talent, and a generous kindliness, he was beloved by a large circle of friends. First the victim of cruel, iniquitous neglect, oftentimes his own enemy, the crosses of life never blighted the gifts of his intellect, or, it may be added, of his industry. In straitened conditions touching on absolute poverty, the gaieté du cœur of Paul Scarron never forsook him, and if he could have lived a while longer, for his own sake, as he certainly would for hers for whose future he was ever anxious—he said with that labouring dying breath, that he could not have supposed it so easy to make a joke of death.

He had composed his own epitaph long before—

“He who lies sleeping here beneath, Scant envy but great pity won, A thousand times he suffered death, Or ere his life was lost and done.

Oh, Stranger, as you pass, tread light, Awaken not his slumbers deep, For this, bethink you’s the first night That poor Scarron is getting sleep.”

A terrible event—that thrilled society, and indeed everyone, with horror—occurred in the South of France about this time. To the Court at Paris it struck especially home; inasmuch as the victim of the fiendish perpetrators of the crime was the Marquise de Castellana, at the time of her presentation at Versailles. She was then very young. She brought her husband, a grandson of the Duc de Villars, an immense fortune, and her beauty was so remarkable as to distinguish her amid the many beautiful women of the young kings Court. Louis, indeed, showed her marked attentions, and she was known as the beautiful Provençale. Very soon, however, the marquis, who was in the naval service, perished in a shipwreck; and a crowd of young and titled men flocked around the lovely young

widow as suitors for her hand. Her choice fell on young Lanède, Marquis de Ganges, and for the first year or so of their married life they were very happy in their home at Avignon. Then slight disagreements arose between them. He began to yield to dissipation, while he accused her of coquetry. More than that he could not apparently bring against her. He had two brothers, the Abbé and the Chevalier de Ganges, and both these men fell deeply in love with their beautiful sister-in-law In his capacity of a churchman, the young wife confided many of her thoughts and her affairs to the abbé. This he used as a tool to influence his brother, the marquis, as it better suited his own designs, either to ruffle his anger against her, or to smooth it. Then one day he pleaded his own passion to her. She repulsed him. The chevalier made a similar attempt, and was similarly rejected. Furious at this, they made common cause, and vowed to be revenged on her. First they attempted to poison her by putting some deadly stuff in her chocolate, but for some reason the attempt failed. It is thought that the deadly properties of the poison they used, were nullified by the milk, and she experienced no more than a passing uneasiness. Rumours of the attempt began, however, to circulate in Avignon and the neighbourhood; and the marquis proposed to his wife that they should go to his castle at Ganges to spend the autumn. She consented; though with some misgiving. The Castle of Ganges was a gloomy place surrounded on all sides by sombre avenues and densely-growing trees. After a short time spent with his wife at Ganges, the marquis returned to Avignon, leaving her in the care of his two brothers. A little while previously, a further large inheritance had fallen in to her, and she had begun to have such suspicions of the integrity of the family to which she had allied herself, that she made a will, confiding, in the event of her death, all her property to her mother, in trust, till her children, of which she had two or three, should be of age. The abbé and the chevalier, discovering what she had done, never ceased their endeavours to persuade her to revoke this will. What successful arguments they could have used to effect this, it is difficult to conceive—unless they employed threats—and these possibly they did use; since, after another abortive attempt to

poison her, they one day entered her bedchamber, where she lay slightly indisposed with some passing ailment. The abbé approached her with a pistol in one hand and a cup of poison in the other, the chevalier following with a drawn sword in his hand. “You must die, madame,” said the abbé, pointing to the three fearful means for accomplishing the purpose. “The choice of the manner of it is to you.” The unfortunate woman sprang from her bed, and fell at the feet of the two men, asking what crime she had committed. “Choose!” was all the answer.

Resistance was hopeless, and the unhappy lady took the cup of poison and drank its contents, while the abbé held the pistol at her breast. Then the two assassins departed from the room, and locking her in, promised to send her the confessor she begged for.

Directly she was alone she tried to choke back the poison, by forcing a lock of her hair down her throat; then, clad only in her nightdress, she clambered to the window and let herself drop to the ground, lying nearly eight yards below. That the exits and doors were all watched she had little enough doubt; but by the aid of a servant, who let her out by a stable door, she gained the fields. The two men caught sight of her, and pursuing her to a farmhouse where she had sought refuge, they represented her as a mad-woman, and the chevalier hunted her from room to room of the house, till he trapped her in a remote chamber, where he stabbed her with his sword, dealing two thrusts in the breast, and five in the back, as she turned in the last endeavour to escape. Part of the sword-blade had remained in her shoulder, so violent was the blow. The piercing cries of the unhappy lady now brought a crowd of the people of the neighbourhood round the place; and among them the abbé, who had remained without to prevent any effort on her part to escape. Anxious to see whether she was dead, he presented his pistol at her, but it missed fire. This drew upon him the attention of the crowd, and they rushed to capture him; but with a desperate struggle he got away.

The marquise lived for nineteen days after this fearful scene; but all hope of life was gone. The corroding poison had done its fell work. Her husband was with her in her last moments, and she strove in her dying agonies to clear him of complicity in the foul murder; but the evidence against him was too strong, and the Parliament of Toulouse condemned him to confiscation of his property, degradation from his rank of nobility, and perpetual banishment. The chevalier escaped to Malta, where he soon after died, fighting against the Turks. The abbé fled to Holland, and assuming another name, his identity was lost. It is said that this horrible crime was but the prologue to many subsequent iniquitous adventures in which he was the prime mover. The sentence of being broken on the wheel which was passed on these two criminals, and was too good for them, they thus contrived to evade. Their execrable record lives among the long list of Causes Celébres of the time.[5]

CHAPTER XVI

A Lettre de Cachet Mazarin’s dying Counsel Madame Scarron continues to Receive Fouquet’s intentions and what came of them The Squirrel and the Snake The Man in the Iron Mask An Incommoding Admirer “Calice cher, ou le parfum n’est plus”—The Roses’ Sepulchre

It was in the very presence of the dead Scarron that Ninon was informed of the danger threatening St Evrémond. A lettre de cachet had been issued for conveying him to the Bastille, for the offence he had given in writing some satirical verses on the Peace of the Pyrenees. St Evrémond was very far from standing alone in his opinions on this treaty carried through by Mazarin; but he was unapproachable in the expression of them. Biting invective and caustic wit at the cardinal’s expense were graven in every line of his couplets, addressed to the Marquis de Créqui. Nor did the mockery cease at that point; it ridiculed the royal marriage itself, and the king was furious. This was the second time that St Evrémond had incurred the displeasure of Mazarin; on the first occasion, a reconciliation had been patched up, after a three months’ sojourn for St Evrémond in the Bastille, but this time he was past forgiveness— possibly, as it has been surmised, that in addition to the verses, he had given secret offence to the Court—and it was now but a matter of tracking St Evrémond to his hiding-place; for he had been warned of the letter of arrest for shutting him up in the Bastille, probably this time for the rest of his life. He had found refuge in the convent of the Capucins du Roule; but already his goods and money were confiscated, and it was Ninon who carried him, from her own resources, the necessary notes and gold for his getting away under

cover of the night to Havre, where he arrived safely, and took ship for Dover, never to return to France.

The Majesty of Louis XIV. was as a thing divine; and the faintest shadow could not be permitted to cross the glory of that sun he chose for his double-mottoed device. Cardinal Mazarin, now at the point of death, renewed his counsel to the young king never to let will thwart his, but ever to bear the sceptre in his hand—in his own hand alone. So Mazarin, dealing his parting thrust of revenge on the queen-regent, died in the castle of Vincennes, unregretted by any, tolerated of later years, but despised by all. Someone made his epitaph, whose concluding lines were to the effect that having cheated and deceived through life, he ended with cheating the devil himself, since, when he came to fetch away his soul, he found he had not one.

Madame Scarron, after her husband’s death, decided to live in the same apartments, in preference to the home which Ninon offered her in her own house. The widow’s friends obtained for her a pension of two thousand livres, and she continued the old réunions, and soon recovered from the loss she had sustained; for Françoise d’Aubigné was ever distinguished by her calm, equable temperament.

After the fête at Vaux, Monsieur Fouquet, continuing his attentions to Mademoiselle de la Baume, finally asked her hand in marriage of her parents. They were well pleased, especially her father. Madame de la Baume would have seemed more to favour another destiny for her daughter. The king was enraged on learning the superintendent’s proposal, but Fouquet braved the royal displeasure, and intended to take his bride to Holland. So the man proposed; but the Fates had otherwise disposed. Within a few hours, a letter was brought him; he broke the seal hurriedly, recognising the beloved handwriting, and when he had read the letter—but two lines long—he sank back in his chair as if a thunder-stroke had smitten him.

“Renounce me Think of me no more I am not worthy to be the wife of an honest man

L.”

It needed no more. Fouquet divined the truth, and he broke into a storm of invective, and abuse of the king. To silence him, to warn him of the perils surrounding him, of his many bitter and jealous enemies, of the clouds of witnesses, false and true, ready and waiting to bring charges of peculation and misappropriation of finances against him, was of no avail. The fire of disappointed love consumed him, and he raged against the despoiler of his happiness. The jealous king, informed by those who had heard Fouquet’s wild words, had waited not an instant, and thirty soldiers of the Guard were on the way to the Hôtel of the Superintendence to arrest him; but warned of their coming, he made his escape from the house. Too late. Before he could reach the frontier he was taken; and in the fortress of Pignerol he spent nineteen years a prisoner, after a protracted trial before a packed tribunal, and nobly defended by Advocate Pelisson, his devoted friend, a devotion for which Pelisson suffered long imprisonment in the Bastille.

The jealousy of Louis in regard to Mademoiselle la Vallière, however, probably only hastened the fall of the man on whose ruin Colbert, comptroller-general of finances, and his successor, had long been determined. On the walls of that magnificent Vaux mansion of Fouquet’s was painted and carved his crest—a squirrel with the device, “Quo non ascendam?” This squirrel was pursued by a snake, and on the arms of Colbert was also a snake.

The lavish extravagance of Fouquet was almost beyond the bounds of credibility. He stopped before no expenditure for indulgence of his own pleasure, and in fairness it must be added, for that of others. Courteous and kindly, intellectually gifted, his openhanded generosity to men of letters and of talent generally was boundless. Like our own “great lord cardinal,” “though he was unsatisfied in getting, yet in bestowing he was most generous,” and again and again he aided the State with money from his own private means. It is said that at the fateful entertainment at Vaux, to which Louis XIV. was invited, each of the nobles found a purse of gold in his bedchamber, “and,” adds the same writer, “the nobles did not forget to take it away.” When his disgrace came, it was the great who

deserted him; the people of talent clung throughout to their friend and benefactor. Colbert, his deadliest foe, artfully instilled into Louis that it was the ambition of Fouquet to be prime-minister. There is little doubt that this was true. Colbert’s ambition for the post was not less.

On his arrest, Fouquet was first sent to the castle of Angers, thence to Amboise, thence to Moret and Vincennes, then he was lodged in the Bastille, and finally, on his condemnation, to the fortress of Pignerol. After a three years’ trial, the advocate-general demanded that he should be hanged on a gallows purposely erected in the courtyard of the Palais de Justice, but the votes for his death were far in the minority, greatly to the fury of Louis and of Colbert. While abuse, however, and charges of maladministration of the finances were brought against him, peculation could not in any way be established. In a generation of time-serving and venality, the staunch devotion and affection of Fouquet’s friends remained unchangeable. “Never,” wrote Voltaire, “did a placeman have more personal friends; never was persecuted man better served in his misfortunes.”

Madame de Sévigné, who had a warm regard for Fouquet, expresses her fear in more than one of her letters, that he may be secretly done to death by poison or by some other means of Colbert’s devising. His friends suffered cruelly, in many cases, for their loyalty to him. The gentleman, Monsieur de Roquesante, who had spoken in favour of him—a Provençal—was banished in the depths of winter to the chills of Lower Brittany, and the members of Fouquet’s family were scattered, to find shelter where they could.

At Pignerol, Fouquet was treated with great rigour. Some few months after his arrival there, a peril of another kind came very near to him. The lightning of a heavy thunderstorm struck the powdermagazine of the fortress, and it exploded, burying many in its ruins. Fouquet, who was standing at the moment in the recess of a window, remained unhurt. Mystery hangs over the last days of his life; for while it is said that he died in his captivity at Pignerol, his

friend Gourville states that he was set at liberty before his death. Voltaire also declares that Fouquet’s daughter-in-law, the Comtesse de Vaux, confirmed the fact of this to him. Another surmise, and one that found wide acceptance, is that although he was liberated for a while, he was rearrested, and that it was he who was the mysterious individual known as the Man in the Iron Mask.

Human Nature loves a mystery, and would resent being deprived of this most memorable enigma in modern history, by any reasonable and certain solution of it, could it be beyond all doubt and question established. Again and again it has been explained and explained away, but it is, as Galileo declared of the earth and the sun: e pur se muove. The Man in the Iron Mask stands the Man in the Iron Mask—which was, in fact, not of iron, at all, but of stoutlylined velvet, as the loups and masks of the time nearly always were made. Probably this mask was secured by extra strong springs and fastenings, as mostly was the case for prisoners of distinction, when they were being conveyed from one place of captivity to another.

Such kind of explanation was afforded to Ninon by the governor of the Bastille when she discussed the point with him. There was, he said, no mystery at all in it. Yet the possibility remains that it did not suit the governor of the grim old prison-house absolutely to lift the veil covering its secrets, even to Ninon.

It has been contended that it could not have been Fouquet; since the Iron Mask’s death is recorded in the register of the Bastille, where he was confined for the last five years of his life in November 1703, and Fouquet, at that date, would have been in extreme old age, which this prisoner was still short of. Not being Fouquet, was it Count Matthioli accused of betraying the French Government, in the matter of putting a French garrison into Casale to defend it against Spain? Was it the Duke of Monmouth, after all not beheaded in England? Was it the child of Buckingham, the bitter fruit of his intrigue with Anne of Austria? Was it the twin brother she was said to have borne with Louis XIV., as Dumas tells—he who was taken by d’Artagnan from the Bastille, and placed on the throne of France,

while the other Louis was shut up in his stead, the substitution remaining undiscovered, so great was the resemblance between the two—undetected by the queen, Maria Théresa, herself. The romance is well founded, but even for the great master of romance it goes far. Was it—No; the mystery, like Sheridan’s quarrel, is “a very pretty mystery as it stands. We should only spoil it by trying to explain it.”

Ninon was troubled at this time with an unsatisfactory, rather casual admirer, Monsieur le Comte de Choiseul, an individual of whom it was difficult for her to decide whether his pertinacity or his supreme self-conceit predominated. Monsieur Précourt, the celebrated dancer, an intimate acquaintance of hers, whom she one morning invited to breakfast with her, did her the good service of finally relieving her of de Choiseul’s incommoding presence. The breakfast was laid for two, and Choiseul, entering, was about to seat himself, whereupon Précourt claimed the place at table, and Choiseul, declining to stir, Précourt invited him to adjourn to the neighbouring boulevard with him, and settle the matter at the sword’s point. Choiseul replied that he did not fight with mountebanks. That was as well, Précourt retorted, since they might make him dance; and the unwelcome one took his hat, went out from the house, and did not return.

The liaison of Louis with Mademoiselle de la Vallière was now generally known; and notwithstanding the warning of the disgrace and banishment of St Evrémond, satirical rhymes began to circulate at the expense of the royal favourite and her lover Deodatus. How fortunate he was, said Bussy Rabutin, “in pressing his lips on that wide beak, which stretched from ear to ear”; and forthwith the poet found himself lodged in the Bastille.

Physically, the beauty of La Vallière was not flawless. Her mouth was somewhat large; but it has frequently been said, that somehow the defect of her lameness only added to the grace of her movements, which were at once so gentle and dignified, while her magnificent, dark dreamy eyes and her soft winning smile rendered

her singularly charming; and if Louis ever loved any but himself, it was Louise de la Vallière, who so passionately loved, not Louis the king, but the ardent wooer and winner of her heart. There is a story of the rose-tree from which Louis plucked the rose which he offered her on that ball night in the Louvre. It had been cultivated by le Nôtre, the famous gardener of Versailles, and was an object of his tenderest care; so much cherished, that he was far from pleased when he saw the king pluck its loveliest blossom for la Vallière. She regarded the rose-tree which had borne it with the tenderness one feels for some beloved sentient thing, enlisting le Nôtre’s interest in it, which in its way was as great as her own; and wherever she went to spend any length of days, the rose-tree was transported in its box of earth to the gardens of the palace—Versailles or the Louvre, as it might be—and for two years the beautiful bush flourished under the joint care of le Nôtre, and of the king’s beloved mistress. And in her gentle confidences with Mademoiselle Athénais de Mortemar, the fiancée of Monsieur le Marquis de Montespan, with whom she was great friends, she told her the romance of her rose, and how it was her belief, her superstition—call it what you will—that while it flourished, Louis’s love would be hers.

And then all at once the rose-tree began to fade. Slowly but surely, despite all the skill of le Nôtre, rapidly it withered, and he carried a handful of the earth of the new box, into which he had transplanted the tree, as a last resource, to a chemist for analysation. Nothing more simple: vitriol had been poured on the earth, a drop or two at a time, and the root was corroded to dry threads. And for la Vallière, it was only left to make a little mausoleum for her rose-tree in the shadow of a retired thicket round the bosquets of Versailles—a little crystal globe upon a low marble stand; and within it, in a box exquisitely enriched with gold filigree, the withered rose-tree, to one of whose branches was fastened the faded rose, whose petals still hung together; and thither to the secluded spot every day came la Vallière to kneel at the tomb of her rose-tree, and kiss the shadowy souvenir of the love that had faded for ever. Just a few petals left of

its countless leaves, so sweet and glowing once in their crimson beauty.

And Mademoiselle Athénais de Mortemar’s nuptials with Monsieur le Marquis de Montespan having been solemnised, the wife was left by the complaisant husband to become the second mistress of Louis XIV., and this ere the first was discarded, and Maria Théresa still a youthful wife. The two children of la Vallière the king legitimised by Act of Parliament; but soon Louise was seen no more at Court. She found refuge and rest for weariness and regrets of heart and spirit within convent walls.

And now Anne of Austria succumbed to the fell disease which had insidiously attacked her, and she died, and was borne to St Dénis with great pomp, followed by Louis the king, clad in deepest mourning.

CHAPTER XVII

A Fashionable Water-cure Resort M de Roquelaure and his Friends Louis le Grand “A Favourite with the Ladies” The Broken Sword A Billet-doux La Vallière and la Montespan The Rebukes from the Pulpit Putting to the Test —Le Tartufe—The Triumphs of Molière—The Story of Clotilde

By the advice of Guy Patin, Ninon’s constant friend and medical adviser, she went to drink the chalybeate waters of Forges les Eaux, in Picardy. Not that there was the least thing the matter with her; only, as the wise doctor said, “Prevention was better than cure.” Besides, well or ailing, everybody of any consequence went there; it was the thing to do, ever since Anne of Austria had taken a course of the waters, and a short time after had given birth to the child Louis, the heir to the throne of France, whose coming had been so long hoped for.

Time had brought its sorrows to Ninon. It had treated many of the friends of earlier years with a hand less sparing than its touch on her. Among those passed away into the sleep of death, was Madame de Choisy. A great mutual affection had existed between the two women ever since they had first met, and the severance saddened Ninon. At Forges, she knew there would be many of her friends and acquaintance, old and new, and instead of going to spend the spring days at the Picpus cottage, she yielded to the persuasions of Madame de Montausier and of Madame de la Fayette, and went to drink the waters, mingle in its comparatively mild dissipations, and join in the gay school for scandal for which Forges was as noted as are the run of hydropathic resorts. It lies some half-way between Paris and the coast by Dieppe. One of the three springs it contains is named after the queen, presumably the one which brought Louis the