INDEX.
Reading edition
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.