INDEX.

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].

FINIS.