NONSUIT

But in that reign they were more generally avowed by the learned and loyal; and in 1622 the University of Oxford sanctioned them by a solemn decree. The events which led to and followed the great rebellion naturally led men's minds to pay greater attention to the speculative part of politics; and, while Hobbes was framing a theory of absolute monarchy on the principle of the social contract, a different cla of reasoners arrived at the same result through a peculiar interpretation of scripture. Sir Robert Filmer (especially in his Patriarch a). Bishop Sanders on, and others, made the regal power originate in the patriarchal; and endeavoured to prove that all other forms of government, being unrecognized by scripture, were usurpations. Dean Sherlock, the ablest writer of the school of divine right (see his Case of Resistance to Supreme Powers, 1684), endeavoured to prove the absurdity of the theory of the social contract, and to show from scripture the unlawfulne of resisting any command, even of an usurping power. It is in answer to these reasoners that Locke's E ay on Government was written. In it he confutes the arguments for unqualified non-resistance, by showing that scripture and reason make no distinction between inferior and superior magistrates, and reducing his opponents to the absurdity of affirming that any command, however extravagant, of the lowest magistrate, must be obeyed. In 1683, the University of Oxford pronounced its second decree in favour of the tenets of divine right and nonresistance. But the current of court opinion changed at the Revolution. The doctrine of non-resistance was almost proscribed; but maintained by the non-jurors, who profe ed to obey the usurping government, while they refused to recognize it. In 1709 it was preached by Sacheverell, with the apparently inconsistent result of a riot. His sermon, together with the Oxford decree, were bumtby order of the House of Lords. But the doctrine is at this dav frequently a erted by the high church party. ( See Dr. Ptisey's Sermon on the 5th qf November, 1838.) NONSUIT, in Law, is the renunciation of a suit by the plaintiff. It is either adjudged, in consequence of certain neglects or delays in the prosecution of the suit, or it is voluntarily elected by the plaintiff. It is usual to call on the plaintiff, when he is unable to make out a case to support his pleadings for default of the nece ary evidence, and the jury are about to give their verdict, to elect, if he pleases, to abandon his prosecution and submit to a nonsuit, upon payment of costs. The effect of which is, that as a nonsuit is not, except in certain cases, a peremptory bar, he is able to bring another action afterwards for the same cause. Jttdgment as in case of a nonsuit, arises from the statute 14 G. 2. c. 17., which enacts that where any i ue is joined in an action in the courts of record at Westminster, and the plaintiff has neglected to bring the i ue to be tried, the court may, unle it sees reason for allowing the plaintiff farther time, give judgment for the defendant as in case of a nonsuit, which has the same force as a nonsuit, both as to costs and as to its effects on the action. [s. 842]