- A
- Abbots, 202
- Abeyance, 136
- Actions of debt, 40
- — on the case, 40, 310
- — personal, 301, 315
- — real, 314, 366
- — mixed, 315
- — possessory and petitory, 292
- — to be tried by the judges itinerant, 298
- — of waste, 315
- — of ejectment, ibid.
- Acts of State. See proclamations
- Admiralty jurisdiction, 331
- — court of, 362
- Advowsons of Bishoprics, 78
- — right of nomination, in whom lodged, 79
- — presentative, 81
- — collative, 82
- — donative, ibid.
- — now subsisting in England, 84
- — how forfeited, 85
- Ætius, 46
- Agistment when due to the Clergy, 94
- Aids and subsidies, 174
- Alias writ of, 357
- Alans, 43
- Alarick, 44, 45
- Alexander III., 322
- Alexander Severus, 21
- Alfred makes a law for the payment of tithes, 90
- — his boast of the liberty he transmitted to England, 180
- — divided England into counties, hundreds, and tithings, 198, 245
- Alienation, 66
- — of lands, 80, 81, 146, 147, 148, 149, 150, 153, 157, 161, 384
- — in mortmain, 387
- Allodial. See estates allodial
- Allodians attach themselves to their neighbouring Lords, 114
- Amalfi, a copy of the civil law found there, 180
- Amerciaments, how settled by Magna Charta, 346
- Appeals, where properly to be brought, 301
- Appeal for murder, 186
- Arabs, erect academies for the study of their laws, 8
- Armigeri, 206
- Arresting by mittimus, 369
- — persons not authorised by warrant, 370
- Assemblies, general. The share they held in the government in the 13th century, 33
- — manner of admitting members therein, 34
- — crimes cognizable thereby, ibid.
- Assessors in Germany, 96
- Assize, trial by, 250
- — of novel disseisin, 291
- — writ of, 292
- Athenians, their multiplicity of laws, 4
- Ataulphus, 45
- Athol, Duke of, 193
- Attainder of felony, 348
- Attornment, 119
- Attorney-General, 318
- B
- Bail, superior power in the Court of King’s Bench to take it, 301
- Baron of England, its original import, 187
- — quantum of revenue to qualify for attendance in parliament, 188
- Barons, oppose the arbitrary measures of King John, 339
- — of the Exchequer, 318
- Barones majores & minores, 189
- — their rules of descent, 193
- — minores privileges obtained by writ of election to parliament, 192
- Baronets, by whom first created, 209
- Baronies by tenure, 188
- — long since worn out among the laity, 190
- Barristers at law, 313
- Bastards, 23
- Becket, Thomas a, 322, 327
- Beauchamp, John, the first peer created by patent, 193
- Benefices, or grants of land, wherefore so called, 49
- — improper, 68
- — incorporeal, 78
- Beneficiary law, 23
- — estates, 113
- Berytus, its famous academy, 7
- Bishops, how chosen in the infancy of Christianity, 78
- — their ancient revenue, 80
- — allocate the tithes in aid of the glebe, 81
- — retain the general cure of souls, ibid.
- — their seats in parliament, whence derived, 202, 203
- Bishop’s court, originally joined to the Sheriff’s, 247
- Bishops of Rome, their artful conduct; to obtain the supremacy, 83
- — dismember bishoprics, ibid.
- — attempt to over-rule general councils, ibid.
- — practise upon sovereign Princes, 83
- — encourages of the civil law, 181
- — their bull ineffectual to silence the people of England, when incensed against Richard II., 182, 183
- — assume a dispensing power, 186
- — their views respecting England, 272
- — lord it over the Kings of Europe, 320
- — compel King John to surrender his crown, 338
- — dispose of the English benefices by provisorship, 344
- Blackstone (Judge), 8, 9
- Bodies corporate, 211
- Bracton, 130, 180, 225, 293, 299, 314, 349
- Brevia testata, 60
- Britain, Great. Whence its multiplied laws, 5, 6
- — its peculiar advantages, 6
- Britton, 180, 349
- Brothers, not the heirs one of another, 140
- Brunechild, 111
- Burghers. See Citizens
- Burgundians, 4, 43, 46
- Butlerage of England, 72
- Bye-Laws, 211
- C
- Canon law, 13, 180, 203, 345
- Capias, writ of, 357
- — for a fine, 379
- Capitula itineris, 298
- Castleguard, 50
- Castration, 252
- Celtiberians. See Spaniards, 22
- Census, a tax among the Franks, 47
- Chancellor of England, 249
- — his ancient office, 305
- — derivation of his name, ibid.
- — of the Exchequer, 318
- Chancery, court of, 249, 300
- — ordinary, 304, 310
- — extraordinary, 364, 366
- Chapters, their origin, 80
- Charles I. his claim of ship-money, 172
- — his conduct to the Earl of Bristol, 190
- — raises money by Knights fines, 208
- Charles II. purchases the right of prisage of wines, 73
- — abolishes the feudal system, 68, 134, 150
- Charles the Bald, 114
- Charlemagne, 80, 88
- Charters, 211, 281
- Church benefices stiled improper feuds, 68
- — lands not secured by living evidence, 60
- — secured by brevia testata, ibid.
- — revenue of, how antiently distributed, 80
- Churchmen. See Clergy
- Circuits established by Henry II., 294, 298
- Citizens of London, anciently stiled Barons, 187
- — their original state, 209
- — antiently no part of the body politic, 210
- — admitted to vote along with Knights of the Shires, 211
- Civil law, 12, 13, 170
- — attempted to be introduced by the Princes of Europe, 180
- — and by the Pope, 181
- — became blended with the feudal, ibid.
- — destructive of freedom, ibid.
- — opposed by the English parliament, ibid.
- — openly countenanced by Richard II., 181
- — obligations of a freeman to his patron thereby, 234
- Claudian, 46
- Clergy, their wealth and importance, 52
- — their practice of redeeming slaves, 53
- — divested of their possessions by Martel, 54
- — supported by the voluntary contributions of the people, 78
- — their temporalities how derived, 80
- — feudal tenants to the bishop of their precinct, 81
- — rendered serviceable to the views of the Pope, 83
- — secular, depressed under the Norman Kings, 90
- — the only lawyers in the reign of William II., 91, 273
- — banished the temporal courts, 91
- — celibacy of the, 283
- — the only people that could read and writ, 273
- — dignified, their share in the legislation, 267
- — in France, make one distinct state, 202
- Clothair II., 111
- Clovis, 28, 48, 51, 52
- Coats of arms, 206
- — became hereditary, 290
- Coiff of a Serjeant at law, conjecture about its origin, 274
- Cojudge, 96
- Coke, Lord, 16, 72, 162, 190, 198, 217, 224, 233, 254, 257, 303, 340, 350, 353, 356, 365, 367, 371, 373, 375, 376, 378, 380, 384, 388
- Collation to a living, 82
- Colleges, 86
- Commons, house of, 206, 319
- — its present constitution compared with the feudal principles, 211
- — its advance in privilege and powers, 214
- — whether most inclined to popular or oligarchical influence, 214, 217
- Common Pleas, court of, 300, 312, 316
- Commentaries on the Laws, how multiplied by the Romans at the time of Justinian, 4
- Commoner, his right of excepting against the Sheriffs return of a Jury, 204
- Commerce, its effect in multiplying laws, 3
- — foreign, 153
- — regarded by Magna Charta, 380
- Commune Concilium, further the designs of William the Conqueror, 264
- Commissioners of Customs, 317
- — of Excise, 317
- — Appeals, ibid.
- Companions of the King or Prince, 30
- Constitutions of Clarendon, 203, 275, 325
- Coutumier of Normandy, 271
- Convocation of the Clergy, 276
- Conrad Emperor, 23
- Constable, High, of England, 73
- Constantine Porphyrogenetus, 22, 45
- Convivæ Regis, a title on whom conferred, 51
- Copyhold tenants, 324
- Corvinus, 77
- Cork, kingdom of, 201
- Covassals. See Pares curiæ
- Councils general, 83
- Counts, their origin and employments, 51
- — obtain grants of estates for life, 57, 187
- Counts. See Earldoms
- County court, 104, 247, 248, 296
- Counties their origin, 51
- — Palatine, 199
- Court of wards, 133, 317
- — record, the King’s, its cognizance of covenants to alienate, 149
- — merchant, 156
- — of the constable, 181
- — admiralty, ibid.
- — Tourn, 247, 271
- — Sheriffs. See Sheriff
- — of the hundred, 247
- — Leet, 247, 271
- — Baron, 271
- Courts of Westminster-Hall, 10
- — Ecclesiastical and temporal, their rights settled, 275
- — Martial, 363
- — of Record, what are such, 271
- — not of Record, what are such, ibid.
- Craig, 25
- Cranmer, 92
- Creation money, 199
- Crimes public, what among the Franks, 40
- — how punished, 252
- Cross, sign of it used in the first written instruments, 60
- Curia Regis, judges in that court, 249
- — how appointed by William the Conqueror, 270
- — the foundation of the Lords judicature in parliament, 249
- — their pleadings entered in the Norman language, 270
- — divided into four courts, 300
- Customs paid on merchandize, 173
- — local; origin of several, 297, 273
- D
- Danegelt, 285
- Decretals of the Pope, 320, 321
- Deed poll, 100
- Demesnes, 50
- Demurrer, what, 306
- Derby, Earl of, 193
- Descents by feudal law, to whom, 135
- — law of, 141
- Dioceses, how subdivided into parishes, 79
- Dispensing power, a prerogative claimed by the Stuarts, 186
- — distinct from a power of pardoning, ibid.
- — opposed by the early lawyers, 314
- Distress, what, 65, 100, 101
- — introduced instead of actual forfeiture, 97
- — severity of English Lords in levying it restrained, 101
- — how and where to be levied, 102
- — restrictions in levying it, ibid.
- Duelling, the practice whence derived, 39
- Dukes, 187
- Dyer’s reports, 39
- E
- Earldoms of England, quantum of Knight’s fees assigned thereto, 163
- — how antiently held, 197
- — wherein differing from Barons, ibid.
- — when created, 198
- Earls, 187
- — their authority restricted in the County court, 198
- — Palatine, 187
- — the first created, 199
- Ecclesiastical Courts, 271
- — how separated from the temporal, 275
- — their right of recognizance of suits for benefices annulled by the temporal courts, 276
- — screen their members from the rigour of the law, 276, 322
- — their power of excommunication, 360
- Edgar King, severity of the law enacted by him for payment of tithes, 90
- — division of the Sheriff’s and Bishop’s court in his reign, 247
- Edmundsbury, meeting of the Barons there, 339
- Edward I. his dispute concerning grand serjeanty grants, 70
- — gives in parliament a new confirmation of Magna Charta, 71
- — renounces the taking of talliage, ibid.
- — his action against the Bishop of Exeter respecting homage, 117
- — motives for his conduct, 121
- — the Confessor, his laws, 180
- Egypt, antient method of studying the laws there, 7
- — tithes first introduced there, 87
- Elegit, writ of, 156
- Elizabeth Queen, causes her proclamation to carry the force of laws, 184
- — why submitted to by the people, ibid.
- — her false policy in encouraging monopolies in trade, 185
- — discontinued the granting of protections, 379
- Emma Queen, 40
- Enfranchisement, express, 234
- — implied, 235
- England, how divided by the Saxons, 245
- — divided into circuits by Henry II., 298
- Escheat, 98, 140
- — of the King, 298, 382
- Escuage, 97, 289
- Esquires, their rank, 207
- Estates, allodial, 51, 52, 56, 106, 144, 254
- — of continuance, 57
- — tail, 99, 121, 160
- — beneficiary, 114
- — feudal, not liable to the debts of the feudatory, 146
- Ethelwolf, establishes tithes by law in England, 90
- Evidence, the kind admissible among the Franks before the use of letters, 60
- Exchequer court of, 300, 313, 315
- — ordinary, 317
- — extraordinary, ibid.
- — chamber, 318
- Extent, 155
- Eyre or circuit, omissions of places in first and second, 298
- F
- Fealty, the oath of, 61
- — its obligations, ibid.
- — why not required of the Lords, 64
- Fee simple, 99
- — tail, 99, 121
- Females, their dowry among the Franks, 35
- — the part they bore in the State, ibid.
- — excluded from descent by the feudal law, 135
- — under what limitations admitted, ibid.
- Feud, whence adopted into common language, 118
- Feudal law. See Law
- Feuds improper, 68, &c.
- — advowsons, 78
- — tithes, 86
- — feminine, 142
- Feudum de cavena, 75
- — camera, ibid.
- — soldatæ, 77
- — habitationis, ibid.
- — guardiæ, ibid.
- — gastaldiæ, 78
- — mercedis, ibid.
- Fiefs, 21, 36, 55
- — feminine, 163
- Fine levied on entailed lands, 167
- Fines honorary, 107
- — established as a fruit of tenure, 118
- — abolished at the restoration, ibid.
- — for licence to plead in the King’s court, 250
- First fruits and tenths, 84
- Fictions of law, 304, 315
- Fish weires, 351
- Fleta, 180, 349
- Forest laws, whence derived, 37
- Formedon, writ of three kinds, 161
- Fortescue, 180, 234
- Frank pledge, 247
- Franks, 4, 23, 24, 31, 35, 37, 38, 41, 42, 46, 48, 55
- Freemen, among the Germans, the nature of the allegiance required from them to their Princes, 31
- Free alms, 202
- Furnivall, William, 72
- G
- Gallway, county palatine of, 201
- Gascoigne, Judge, 368
- Gavel-kind, 135, 255
- Gauls, 22, 51, 111
- Gentry, who so called, 206
- — their peculiar privileges, ibid.
- — cause of their military disposition subsiding, 207
- Gentilis homo, its ancient and modern acceptation, 52
- Geoffry of Monmouth, 22
- Germans, their method of deciding disputes by single combat, 39
- — Murder not punished with death among them, 41
- Germany, its condition at the time of the Franks, 32
- — its ancient constitution nearly resembling that of England, 33
- Gilbert, Judge, his opinion concerning the division of courts, 309
- Glanville, 109, 130, 148, 180, 288, 290, 330
- Glebe-land, how obtained by the clergy, 80
- Gold and silver, their use unknown to the Franks, 35
- Goths, 4, 43, 44, 46, 47
- Grand assize, for what purpose invented, 40
- Grandsons, 108, 139, 140
- Grants, the first feudal ones, 50
- — temporary, 56
- — beneficiary, ibid.
- — for life, how obtained, 57
- — improper, 68
- — to women, 74
- — of things not corporeal, ibid.
- — to indefinite generations, 112
- — laws tending to establish them, 114
- — of William the Conqueror to his followers, 163
- — of Knight’s fees, ibid.
- Gregory, Pope, demands homage and Peter’s pence from William the Conqueror, 274
- Gratian, 321
- Guardianship. See Wardship
- H
- Habeas Corpus, 301, 370
- Hale, Sir Matthew, 14, 213, 296
- Heptarchy, 252
- Heriots, 254, 257
- Hearth-money, 134
- Heir in tail, 160
- Heirs of landed inheritance, 136
- Hengist, 179
- Henry I. his charter in favour of the Saxon laws, 281
- — subdues Normandy, 284
- — II. payment in kind commuted into money, 69
- — his quarrel with Pope Alexander II., 322
- — his wholesome regulations, 286, 287
- — III. introduces a dispensing power into England, 186, 344
- — consequences of his neglecting to summon the Barones majores, 189
- — his illegal patent opposed by Roger de Thurkeby, 186
- — his oppressions, 344
- — VI. his mistaken conduct with regard to Ireland, 220
- — VIII. his danger upon throwing off the Pope’s supremacy, 92
- — suppresses the monasteries, ibid.
- — meets a court of Ward, 133
- — obtains from parliament a sanction for his proclamations to bear the force of laws, 184
- Hereford, Earl of, his dispute with Edward I., 70
- Homage, 61
- — when instituted, and how performed, 116
- — fealty, 117
- — warranty, a consequence of homage, 119
- — auncestrel, the import of this term, ibid.
- — duties arising from homage to lord and vassal, 118
- Honorius, 44
- Hugh Capet, 23, 137
- Hunns, 43, 44
- I
- James I. his arbitrary claims, 183
- — mistaken policy in encreasing monopolies, 185
- — institutes a new title of honour, 209
- Independence of the King, the idea thereof entertained by the early Franks, 31
- Inhabitants of Europe, their propensity to the making of new laws, 5
- Innocent III., 334
- Inns of Court, wherefore founded, 6
- — their ancient usefulness, ibid.
- — their present state, 7
- — Institution to a living, 82
- Interdict laid on England by Innocent III., 334
- Investiture proper, 58
- — improper, 59
- — its nature fixes the line of duty, 69
- John, King, mutual hatred between him and his nobles, 110
- — his arbitrary government, 154, 352
- — claims a right of taxation, 177
- — omits summoning some of the Barones majores, 189
- — deprives the earls of the thirds of the county profits, 199
- — supplants his nephew Arthur, 331
- Jornandes, 37
- Ireland, peerages there recovered by petition, 195
- — erected into palatinates, 200
- — form of trial of noblemen in that kingdom, 204
- — the statutes of Edward II. abolished, 209
- — state of legislation there, 218, 222
- — influence of Poyning’s law on its government, 221
- Issue joined, 292
- Italian priests, the chief possessors of benefices in England in John’s reign, 342
- Judges itinerant, 294
- — their jurisdiction, 298
- — of assize, 366
- — judgment, in what instances obtained without the intervention of juries, 354
- Juries, trial by, 251
- — their original power, 247
- — judges of law and fact, 294, 356
- Justice, method of administering it among the Salic Franks, 37
- Justices of Nisi Prius, 248, 299
- — errant, ibid.
- — of assize, ibid.
- — of oyer and terminer, 299
- — of gaol delivery, 248
- — of Quarter Sessions, 248, 366
- — in Eyre, 294
- Judiciary of England, 248, 300
- — discontinued by Edward I., 304
- K
- Kildare, county palatine of, 201
- King’s Bench, court of, 300
- — its power in taking bail, 301
- — suits cognizable therein, 300, 301, 306
- — its peculiar distinctions, 312, 314
- King never dies, origin of that maxim, 139
- Kings elective among the Franks, 28, 29
- — their power, 48, 49
- — Norman, the arms borne by them, 207
- Kings of England, their power anciently limited, 71
- — their right of service from their vassals, ibid.
- — possessed of donatives, 83
- — their ecclesiastical jurisdiction, 84
- — their title to supreme ordinary, whence derived, ibid.
- — their power by the feudal law, 170
- — executive branch of government belongs to them, 171
- — their revenue, 172
- — their supplies for foreign wars, 173
- — their authority, whence derived, 175
- — their proclamations, how far legal, 183
- — their dispensing power, 186
- — their demesnes unalienable, 189
- — their prerogative of summoning the lesser Barons to parliament, 190
- — their right of raising peers to a higher rank, 196
- — their power of settling precedency, ibid.
- — not one of the three estates, but the head of all, 202
- — their right of appointing peers to try an accused nobleman, 204
- — ancient concern in making laws, 217
- — their present influence in framing laws, 218
- — their style when speaking of themselves, 265
- — have no power to create new criminal courts, 377
- Kingsale, Lord, 196
- Knights, origin of that dignity, 34
- — their advantages over the Lords with regard to feudal payments, 109
- — service, 129
- — when abolished, 150
- — fees, 188
- — their privileges by writ of election to parliament, 192
- — their rank, 206
- — their ancient dignity, 207
- — Banneret, 208
- L
- Laity, when excluded from the election of the clergy, 78
- Lands, their property how far alienable among the Jews, 3
- Lands, distributed to the Christians by the General Assembly, 34
- — interest of Lord and vassal therein, 65
- — Saxons, by what tenures they held their lands, 254
- Langton, Legate, 338
- Lateran, council of, 89
- Lawing, 280
- Laws feudal, the foundation of the law of things, 14
- — the foundation of the English constitution, 15
- — method of teaching them, 17
- — their origin and progress, ibid.
- — succeed the Roman imperial law, 19
- — various opinions on their origin, ibid.
- — not derived from Roman laws and customs, 21
- — first reduced into writing by the Lombards, 23
- — their tendency to cherish the national liberties of mankind, 27
- — in England, permit no Lord to be challenged by the suitors, 96
- — allow a power of appeal to the King’s court, ibid.
- — their doctrine of remainder, ibid.
- — respecting warranty, 119
- — wardship, 123, 124
- — their obligations on minors, 132
- Laws positive, or general customs, always to be found in communities however barbarous, 1
- — a knowledge of them a means of procuring respect and influence, 2
- — of things and persons, which to be first treated on, 14
- — few and intelligible in small societies, ibid.
- — when necessarily numerous and extensive, ibid.
- — inconveniencies attending their multiplicity, 3
- — of what kind in Rome at different periods, 4
- — their great increase in Europe since the, 14th century, 5
- — of Normandy, respecting the marriage of females in wardship, 129
- — of England, advantages attending a knowledge of them, 8
- — what required by them in transferring possessions, 74
- — its maxim respecting the devising of lands by will, 145
- — how enacted, 217
- — their ancient method of passing, ibid.
- — their tendency to promote liberty, 234
- — alterations introduced in them by Henry II., 289
- Lawyers, 3
- Laymen, how far exercising ecclesiastical discipline, 48
- — tithes granted to them in fee, 89
- — by what means possessed of lands discharged of tithes, 92
- Legates of Rome, 83
- Leinster, county palatine of, 201
- Letters Patent for creating of Peers, 190
- — when took place, 193
- — grants by them, how forfeited, 194, 195
- — anciently called Chartæ Regis, 305
- — repealable by the Lord Chancellor, ibid.
- Lex Terræ, what, 355
- Licences to marry, 131
- Liberty of the subject, how advanced, 313
- — how ascertained, 333
- Littleton, 14, 15, 61, 73, 116, 124, 225, 229
- Livery and seizen, 58, 59
- Locke, Mr., 12
- Longchamp Archbishop of Canterbury, 330
- Lords feudal, their power over minors respecting marriage, 129
- — respect paid by them to the person of their King, 171
- — their power over their villeins, 224, 232
- — of parliament in England, their rank, 187
- — created by writ, or letters patent, 190
- — privilege to their eldest sons, 192
- — their titles extinct on surrender, 195
- — their quality as noblemen, 187
- — spiritual, 202
- — lay, their form of trial, 204
- Lombards, 4
- Lupus, Hugh, 199
- Lycurgus, 3
- M
- Markham, sir John, 368
- Maud, 282, 284
- Magna Charta specifies the quantum to be paid in relief, 110, 290
- — misconstrued in the right of Lords to the disposal of minor heirs in marriage, 130
- — restrains the alienation of lands, 150
- — its designs, 154
- — abolishes the right of talliage, 154, 171, 175
- — summons to parliament settled thereby, 189
- — its regulations of fines in the King’s court, 250
- — abolishes the removal of the courts of justice, 312
- — commentary thereon, 343 to the end
- Manors how distributed by William the Conqueror to his followers, 163
- Marriages, 133
- Marshal, Earl, of England, 72
- Maritime court. See Admiralty
- Mascon, council of, 88
- Master of the Rolls, 310
- Masters in Chancery, 309
- — empowered to frame new writs, ibid.
- Maxim of Law, 306, 341
- Measures and weights, 351
- Meath, county palatine of, 201
- Merchant stranger, 174, 380
- — denizen, 174
- — enemies, 381
- Military system (Old) its influence on law, 4
- — power, danger of its subverting the civil and legal authorities, 95
- — benefices, their rise among the Saxons, 261
- — tenures, their service lightened by Henry II., 288
- — abolished by Charles II., 150
- — courts, 360
- Minor heirs male, when deemed of age, 123
- — in chivalry, when deemed of age, 124
- — in socage, when deemed of age, 128
- — female, in chivalry, when deemed of age, 124
- — their marriages, how controuled by their Lords, 129
- — when released from wardship, 132
- Mittimus, essentials to render it legal, 369
- Modus, payment of tithes by a, 91
- Monarchy of France, 55, 56
- — of England, its nature ascertained by the feudal laws, 16
- — how changed, by estates becoming hereditary, 170
- Monasteries, the firmest support of papal power, 83, 88
- — tithes improperly applied to their use, 89
- — raised on the suppression of the secular clergy, 91
- Money, its present decreased value, 69
- Monopolies, 185
- Montesquieu, 2, 28, 31, 38, 53, 178
- Moses, 3, 7
- Mowbray, Lord, 192
- Murder, why not punished with death among the ancient Germans, 41
- — how punished by the Saxons, 252
- N
- Neif, 227, 230, 232
- Nisi Prius, Justices of, 248
- Norfolk, Earl of, his dispute with Edward I., 70
- Northern nations become formidable to the Roman empire, 43
- Notorieties of a fact, how regarded in feudal grants, 60
- O
- Oath of fealty, from whence to be traced, 31
- — taken by the Saxons, 259
- Officers of Courts, where to be sued, 318
- Officina brevium, 306
- Oleron, laws of, 331
- Oligarchy introduced into England, 182
- Ordeal trial among the Franks, 37
- — continued after the Norman conquest, 40
- Ormond, Earl of, 201
- — Duke of, 133
- Overbury, Sir Thomas, 374
- Outlawry, 356
- — proclamation to be made by statute, 31st Elizabeth, 358
- P
- Païs des coutumes, 52
- — de loi ecrite, ibid.
- Pares curiæ, 58, 59, 96, 116, 119
- Paris, Matthew, 186, 188
- Parliament of England, its ancient constitution, 187, 193, 202, 213
- — its judicature, 319
- Patron, lay, his interest in presentative advowsons, 81
- — inverted with donatives by grants from the Pope, 83
- — possessed a power of deprivation, 85
- Peer. See Lords of Parliament
- Peeress, who are her peers, 353
- Pelagius, 143
- Pembrige, Sir Richard, 373
- Pepin, 113
- Persian Empire, 43
- Pembroke, Earl of, 343
- Philip of France, 332, 338
- Plantagenets, 209
- Pleas of the crown, 301
- Pole, Michael de la, 193
- Popes. See Bishops of Rome
- Posse of the county, 292
- Possessions, corporeal, 74
- — incorporeal, 74, 78, 87, 95
- Pounds overt and covert, 103
- Precedence of Peers, how settled by parliament, 196
- Primogeniture, 137
- Prisage of wines, 73
- Privileges of the subject, whence derived, 16
- — of the distinct parts of the legislature, 217
- Privileged persons, how to be sued, 307
- Proclamations royal, when and how far legal, 183
- — conduct of Henry VIII. relative to them, 184
- — their force in the reign of Elizabeth, ibid.
- — baneful consequences attending the arbitrary use of them, 185
- Professors of Laws, 13
- Property, its division, 35
- — of lands, where lodged by the Franks, ibid.
- Provisorship, 344
- Provosts, 210
- Punishments inflicted by the ancient courts of law, for public and private wrongs, 251
- — for false imprisonment, 370
- Purbeck, Lord, 194
- Purchases new, how descendible, 144
- Purveyance for the King, 256, 257
- Q
- Quo Warranto, writ of, 301
- R
- Rachat, or Repurchase, 110
- Raleigh, Sir Walter, 376
- Ranks of the people in the Saxon times, 253
- Ravishment of wards, 132
- Record, matter of, 306
- Records of France, lost at the battle of Poictiers, 312
- Recognizance, 155, 308
- Rectorial tithes. See Tithes
- Register of writs, 309
- Refuting the fief, 145
- Reliefs or fines, 107
- — wherein burdensome to the tenant, 109
- — altered by Henry II., 290
- — fixed by Magna Charta, 110
- — and heriots, their difference, 257
- Remainder derived from a reversion, 96
- Rent charges, 99
- Replevin, 104
- Reversion, right of, in land, 96
- — fealty and service incidental thereto, 97
- — on contingency, ibid.
- Richard I., 329, 332
- Richard II., 181, 183
- Right of entry for possession, 59, 65
- — action, ibid.
- Rome, its famous academies, 7
- — taken by the Goths, 45
- Roman imperial law, 19
- — empire, 42
- — emperors, 186
- — estates, 51
- — patron and client, 19, 20
- Romans, their policy respecting conquered nations, 22
- — become socage tenants to the church, 54
- — their condition under the Franks, 111
- S
- Salic Law, 52
- Sergeanty, grand, 70
- — various kinds, 72
- — the rank capable of performing it, ibid.
- — for what purposes granted, ibid.
- — butlerage held thereby in the family of Ormond, 73
- — petty, ibid.
- Satisfaction for petty crimes, how regulated by the Franks, 41
- Saxons, the nature of their primitive laws, 4
- — their government in England, how far feudal, 33, 212, 243
- — admit the ordeal trial in determining causes, 40
- — the authority of their Kings, whence derived, 179, 180
- — their courts of law, 246, 250
- — method of trial therein, 250, 251
- — punishments inflicted, 252
- — nature of their tenures, 254, 265
- Scire facias, writ of, 219, 305
- Scotland, method of studying the law there, 18
- — its parliament not divided into two houses, 202
- Seal, used in the first written instruments, 60
- Sealing of instruments, why more strictly authenticating them than signing, 273
- Seignory, 95
- Sergeants at law, 313
- Service from a tenure, how dependant on the nature of the grant, 96
- — when required by the lord, 97
- — rent, 98
- — made rent seck by statute Edward I., ibid.
- Sharrburn, Edwin, his lands restored by William the Conqueror, 264
- Sheriffs, their power in making replevins, 104
- — method of proceeding thereon, ibid.
- — appointed to restrain the power of the Earls, 199
- — nature of their court, 246
- — nature of their court altered by William the Conqueror, 272
- — their ignorance of law, 296
- Socage tenures, their increased value, 70
- Socage tenants, 47, 224, 289
- — nature of the grants to them, 50
- — subject to distress instead of forfeiture, 97
- — relief paid by them to their lords, 110
- — lands granted for life, 57
- — free and common, 72
- — petty sergeanty, 73
- — its derivation, 69
- Society political, for what purposes instituted, 1
- — the obligations which it lays on individuals, ibid.
- Sons, the inheritance obtained by the eldest, 137
- — succeeded equally to the father, 135
- Spaniards, 22
- Special verdict, 356
- Spelman, Sir Henry, 13, 198, 258
- Statute of Ethelwolf, 90
- — Alfred, ibid.
- — Edgar, ibid.
- — Edward I. quia emptores terrarum, 99, 146, 149, 384
- — Edward I. de donis, 121
- — 34th Edward I., 211
- — 17th Edward II. de prerogativa regis, 150
- — for compounding a Knight’s fee, 208
- — of Marlebridge, 101, 103, 104, 345
- — respecting knighthood conferred on minors, 124
- — of Merton, 131
- — Westminster I., 132, 368
- — Westminster II., 132, 159, 309
- — Mortmain, 151
- — Merchant, 154
- — of writ of elegit, 156
- — Elizabeth concerning bankrupts, 157
- — concerning outlawry, 358
- — of William the Conqueror, 265
- — 8th Henry VI. chap. 5., 216
- — Poyning’s, 221
- — 28th Henry VIII. suspending Poyning’s law, 222
- — Philip & Mary respecting Ireland, ibid.
- — ancient and present, manner of enacting them, 217
- Stewardship, High, of England, 72
- Stephen, King, 284
- Stilicho, 44, 45
- Strange, Baron of, 193
- Strongbow, 201
- Stuart, house of, 183
- Study of the law in Great Britain, 6
- — proper method, 7
- — causes of difficulty therein, 12, 13
- — reasons for beginning with the law of things instead of that of persons, 14
- — promoted by fixing the courts of justice, 313
- Substitute, when allowed in aid from a vassal, 64
- Subvassals, 33, 57, 65
- Succession royal by descent, 137, 138, 139, 143
- — collateral, 139, 140
- — to estates, how rendered hereditary, 107, 110, 144
- — of sons to the father, 135
- T
- Tacitus, 27, 28, 30, 31, 32, 35, 36
- Talliage, 71, 153, 173, 174
- Taxes, how assessed, 174
- Tenants by sufferance, 50
- — allodial, 111
- — not allowed to alienate, 118
- — copyhold, whence derived, 238
- — when subject to fines to their lord, 239
- — their power of alienation, how restricted, ibid.
- — in frankalmoine or free alms, 267
- — in capite, 383
- Toga virilis, what, 34
- Tenures feudal. See fiefs
- — subject to fealty, 57
- — military, how forfeited, 65
- — when abolished, 68
- — of the crown, obligations therefrom, 187
- — hereditary, 65
- — the nature of those now held, 69
- — Saxon, 254
- — in ancient demesne, 224, 241, 288
- Temple, the, granted to the practitioners of the law, 313
- Thanes, 253, 258
- Tipperary, its palatinate, 201
- Tithes introduced among the Franks by Charles Martel, 54
- — when established by law, 80
- — allocated from the bishop to the parish priest, 82
- — an incorporeal benefice, 86
- — originally what, 87
- — first introduced in Egypt, ibid.
- — how distributed there, ibid.
- — how rendered compulsory, ibid.
- — forgeries concerning them, 88
- — divided into rectorial and vicarial, 89
- — how paid in England during the heptarchy, ibid.
- — when made payable to the parish priest, 91
- — monastery lands exempted from them, ibid.
- — settled by a modus, ibid.
- — Cranmer’s intention concerning them, 92
- — when established in England on the footing they now stand, 93
- — their three kinds, ibid.
- Transportation, 273
- Traders and artizans admitted into the general assembly of the people in the thirteenth century, 34
- Treasurer of England, 249
- — presided in the Exchequer court, 300
- Trinoda necessitas, 256, 264
- Trial, methods of, among the old Germans, 37
- — received into England, 39
- — by witness, ibid.
- — ordeal. See Ordeal
- — by negative proof, 40
- — by battle, 250
- — by grand assize, 251
- — by juries, ibid.
- — by deposition, 353, 364
- Tudor, house of, 183, 209
- U
- Vandals, 45
- Vassals (military) their connections with their king, 31
- — bound by an oath of fealty for life, 56
- — immediate of the king, who, 65
- — now represented by the parliament, 62
- Villein-land, 226
- Villein, a name given to slaves and servants, 47
- — nature of the grants made to them, 50
- — whom reduced to that state, 174
- — feudal, 224, 225
- — their property, 226
- — when allowed to bring actions against their lord, 229
- — their right of purchasing land, 227
- — power of their lords over their property, 228
- — causes of their decrease in England, 237
- Villenage, how destroyed and suspended, 232
- Ulster, county palatine of, 201
- Uncle, the heir of his grand nephew, 139
- University of Dublin, its situation for the study of the law, 12
- — of Oxford, 10
- Universities, 7, 11, 12
- Voucher, appearance upon, 65
- Uses, doctrine of, 151, 241
- Usury, 4
- Uses and Trust, 388
- W
- Wager of the law, 40, 250, 352
- Wages to members of parliament, how to be levied, 101
- Wardship in chivalry, laws respecting it, 123, 126
- — in socage, 127
- — how differing from wardship in chivalry, 128
- — obligations on the guardian, ibid.
- — penalty on marriage without the consent of the lord, 129
- — its evils, 133
- — not comprehended in Saxon tenures, 261
- Warranty, 119
- — collateral, 164
- Warwick, Earl of, 133
- Waste, committing of, 66
- William the Conqueror, 137, 163, 212, 258, 262, 264, 266, 267, 268, 270, 273, 274
- — Rufus, 278
- Wills and testaments, unknown to the Franks, 35
- — lands not devisable thereby, 145
- — how rendered devisable, 151, 152
- — required to be in writing, 152
- — further requisitions, ibid.
- — copyholds not devisable thereby, 240
- Wiltshire, John, 72
- Wittenagemots of the Saxons, 180, 212
- Wright, 265
- Writ of chancery to recover by replevin, 104
- — election to parliament, 190, 191
- — error, 200, 316
- — nativo habendo, 231
- — assize, 293
- — false judgment, 297
- — scire facias, 219, 305
- — original, 308
- — by a master in chancery, 309
- — de odio & atia, 351
- — of capias, 357
- — alias, ibid.
- — pluries, ibid.
- — exigent, 358
- — entry, 365
- — de homine replegiando, 371.