Chapter 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.