[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