Chapter 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