[335] Madox, Baronia Angl. p. 25. Seld. tit. hon. part 2. ch. 5.

[336] Dugdale’s orig. jurid. c. 34. Madox, hist. of Excheq. ch. 2. La

coutume de Normandie.

[337] Baron Gilbert’s hist. of Excheq. p. 55. Lord Littleton’s hist. of

Henry II. 4to. vol. 1. p. 43. 457. Carte, vol. 1. p. 419. 420.

[338] Madox, Excheq. ch. 1. Bacon on the laws and government of England,

part 1. ch. 59. and 66. Brady, Carte and Tyrrel.

[339] Hale, hist. com. law, ch. 7. Bacon, hist. and polit. discourse, p.

129. &c.

[340] Tyrrel’s Introduct. to his hist.

[341] Carte, vol. 1. p. 452, 453.

[342] Kennet’s historians, and Carte.

[343] Hale, hist. com. law, chap. 7. Carte, vol. 1. p. 480. et seq.

[344] Carte; and Kennet’s historians.

[345] Kennet’s historians. Hume, vol. 1. p. 243.

[346] Bacon, hist. and polit. disc. p. 103, &c. Carte, vol. 1. p. 525. et

seq.

[347] Kennet’s historians.

[348] Hale, hist. com. law, chap. 7. Carte.

[349] Gervas. de Tilbury, dial. de Scaccario.

[350] Madox, hist. of Excheq. ch. 16.

[351] Lib. 9. c. 4.

[352] Coke on Littleton, fol. 153.

[353] Ibid.

[354] Bracton, lib. 4.

[355] Hale’s hist. Com. Law, chap. 7. Dugdale, orig. jurid. p. 27.

Hoveden, p. 590.

[356] Hale’s hist. Com. Law, ch. 7.

[357] Fitzherbert, Nat. brev. p. 41.

[358] Dugdale, orig. jurid. chap. 20. Madox, hist. of Exchequer, chap. 3.

§ 10. Bracton, lib. 3. chap. 10, 11. M. Paris, an. 1176.

[359] 4. Instit. p. 184, 266. Hale, hist. com. law. chap. 7.

[360] 2. Instit. p. 24. et seq. 4. Instit. p. 162. Selden’s notes on

Hengham.

[361] Dugdale, orig. jurid. chap. 17.

[362] 4. Institute, p. 70. et seq.

[363] d’Anver’s abrigement, vol. 2.

[364] 4. Institute, p. 79.

[365] Dugdale, orig. jurid. ch. 16. 4. Inst. p. 80.

[366] 4. Inst. p. 79. 80. 84. 88.

[367] Ibid. p. 225. 113. 80. 76.

[368] 4. Inst. p. 155. 79. 206.

[369] 4 Inst. ch. 8. Bacon, hist. and polit. discourse, part. 2. ch. 18.

[370] Baron Gilbert’s history of the Court of Common Pleas. Madox, hist.

Excheq. ch. 2. sect. 9. 2 Institute, p. 53. 407. 4 Institute, ch. 8.

[371] 2 Institute, p. 405.

[372] 2. Institute, p. 21, 22.

[373] Bracton, lib. 1. cap. 1. Fortescue de laud. leg. Angliæ, cap. 34.

[374] Baron Gilbert, Hist. of the court of Com. Pleas. 4. Inst. ch. 10.

[375] 2d. Inst. p. 196. 197. 255. 551.

[376] 4th Inst. ch. xi.

[377] 4th Inst. ch. 13.

[378] Hales of the power and jurisdiction of Parliament. Selden of the

Judicature of Parliament. See his works vol. 3. 4. Inst. ch. 1.

[379] Giannone’s hist. of Naples, b. 1. Bower’s hist. of the Popes, vol.

1.

[380] Lord Lyttelton’s hist. of Henry II. b. 3.

[381] Daniel, ap. Kennet. Carte.

[382] Hoveden. edit. Savil. 494-549. Mat. Paris. an. 1164. Lord

Lyttelton’s hist. of Henry II. book 3. Brady’s history.

[383] Hume, Carte, Lyttelton, &c.

[384] Hale, hist. com. law, chap. 7.

[385] Mare Claus. 386. Kennet’s historians. Hume. Carte.

[386] Brady, Daniel, Tyrrel, and the general histories of England.

[387] Kennet’s historians. Hume. Carte.

[388] Blackstone’s discourse concerning the hist. of the charters.

Gurdon’s hist. of Parliament. Hale, hist. com. law, ch. 7.

[389] Sir Robert Atkins on the dispensing power. Bibliotheca Politica.

The general histories of England.

[390] Ruffhead, vol. 1.

[391] Lib. 3. p. 129. 137.

[392] Cap. 5.

[393] Lib. 1. cap. 28.

[394] Cap. 5.

[395] 2 Inst. p. 37.

[396] 2 Inst. 38. 41. Barrington on the Statutes, p. 15. 16.

[397] Mirror, cap. 5. sect. 2. Glanvil, lib. 14. cap. 3. Bracton, lib. 3.

p. 121. Fleta, lib. 1. cap. 23.

[398] 2 Inst. p. 43. 45.

[399] 2. Institut. p. 48. 49.

[400] 2. Institut. p. 51.

[401] 2 Inst. p. 51. 55.

[402] Father Paul, of beneficiary matters.

[403] 4 Institut.

[404] 2 Inst. p. 46.

[405] 2 Institut. p. 51.-55.

[406] 2 Inst. p. 47.

[407] 2 Inst. p. 47.

[408] Ibid.

[409] 2 Inst. p. 48.

[410] 2 Inst. p. 48.

[411] 2 Institut. p. 55, 56.

[412] 2 Institut. p. 56.

[413] 2 Institut. p. 57. et seq. Barrington on the statutes. p. 23. 25.

[414] 2 Institut, p. 64.

[415] 2 Inst. p. 65.-67.

[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

Lectures on the constitution and laws of England With a commentary on Magna Charta, and illustrations of many of the English statutes · 第 40 / 41 段