Lectures on the constitution and laws of England / With a commentary on Magna Charta, and illustrations of many of the English statutes

by Francis Stoughton Sullivan

[416] 2 Inst. p. 68. Barrington, p. 25.

[417] Ibid. p. 68. 69.

[418] 2 Inst. p. 69. 74.

[419] 2 Inst. p. 74, 75. Barrington, p. 27.

[420] Ibid. p. 76. See also Inst. lib. 2. cap. Escuage. Barrington, p. 28.-31.

[421] 2 Inst. p. 76.-78.

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.