Actions. No distinction between Roman real and personal, 184. For
Debt, 189. For Loan, 199. For stolen Movables, 202. For Land,
227. In Criminal Law, 262.
Æthelred. First general tax levied by Witan under him, 68. His reign,
38. Increase of wills during his reign, 107.
Alfred the Great. His laws, 10. His reforms in the Anglo-Saxon con-
stitution, 20, 22. His judicial powers, 25. His revival of archaic
principles, 72. His will as to boc-land, 80, 81. His fleet, 119, note.
Anefang. An argument for real action, 197. Begins action for mova-
bles, 199, 203, 206. Not in criminal procedure, 283.
Arbitration. The habitual mode of settling disputes, 26, 53.
Army constitution. Condition of, at Norman Conquest, 118.
Arrha. Concluded the contract, 170, 189, 190.
Assize. Of proof separate from that of judgment, 188, 286.
Bail, or fidejussor, 190, 191, 291. See Contract.
Betrothal. Contract of, included warranty, 164, note 2, 196. As a real
contract of sale, 168. As a fictitious contract of sale, 170. As a
formal contract, 170-172.
Boc-land. How created, 100. Church influence, 101. A mode of trans-
fer, 101. Characteristics of, 109. Reversion of, 111. History of,
112, 113.
Books. Division of, 102. Construction of, 102, 103. How declared and
recorded, 110. As evidence, 111, 112. As contract, 236. See Docu-
ments.
Borh-bryce. Disobedience to testare, 192. Amount of, 279.
Bot. Nature of, 273, 278, 279.
Casus and culpa. Existed in German law, 295.
Causæ cognitio. Not in earliest procedure, 184.
Chattels. Tripartite division of, 134, 136.
Clergy. Secular, belonged to the maegth, 140.
Cnut. His tendencies as a law-giver, 39, 44, 45. Grants by writ under,
44, 99, 100.
Common land. Why so called, 81. Division of, 82. Distinguished from
folkland, 82, 83. Village communities in England, 83. Destruc-
tion of communal system, 83, 84. Development of large estates, 84,
85. Adscripti glebae, when first mentioned, 87, 88. Substitution
of the lord for the community, 89. Description of the communal
estate, 89, 90. Title to land shifts from community to lord, 90, 91.
Inland and utland, 84, and note.
Compurgators. See Oath with oath-helpers.
Contract. Early German law of, 167, 170, 171. German, not binding by
agreement of wills, but by arrha, 189. Only real and formal, 189.
In genere gave no real right, in specie did, 184, 191. Formal, how
concluded, three uses of, 171, 190, 290. As a judicial pledge, 208, 290.
Conveyance. Anglo-Saxon method of, 110.
See Investiture.
Court of law. Primitive German, 2, 5, 6. Identity of Anglo-Saxon with
primitive German court of law, 7, 8, 11. No private court of law
recognized in the Anglo-Saxon constitution, 28, 35, 39, 44.
Criminal action, 262. Private nature of, contrasted with English law,
262. Origin and nature of vengeance, 263-266. Distinction between
vengeance and feud, 266, 267. Limitation of feud by compositions,.
267-269. By relaxation of family ties, 269, 270. By church, 270.
Extinction, 270. Outlawry in connection with vengeance, 270. Old-
est classification of crimes, 272. Development into a system of pun-
ishments, 272-275. Position of Anglo-Saxon law in this development,
275-278. Treatment of thief caught in the act, 275, 276. Self-
defence, doctrine of, 276, 277. Classification of fines, 278-281.
Summary of offences, 282. Criminal procedure in, 283-303. Sum-
mons in, 283. Term, 284. Force residing in use of procedure, 284.
Peculiar case of thief caught in act, 285, 286. Litis contestatio in,
286. Judgment in, 286-288. Given by judices, 289, 290. Giving
of pledge in, 290. Contumacy in, procedure of, 292-294. Theory
of proof in, 294-297. German conceptions of casus and culpa, 295-
297. Means of proof, 297-303. Consisted in oath, 297-300. And
ordeal, 300-303. Summary, 303-305.
Cynegeld. Paid to the people, 280.
Daughter. See Paternal authority.
on contracts in genere, 191.
of proof on defendant, 194.
Debt. Action for, 189. Influenced by executive period, 189. Founded
Aimed at indemnification, 191. Burden
Summons and term, 192, 193. Private
Oath, 195, 196. Seller held for unsound-
ness, 195, 196. Contumacy in, 196. Summary, 196.
Distress. Originally outside of court, 183. Of Irish law, 193, note 5.
Divorce, 179.
Documents. Introduced by church, 188, 230. Equivalent to witnesses,
188, 231. How drawn, 188. Effect on development, 231, 232.
See Books.
Dower, 136. Of English common law, origin of, 174.
Ealdorman. His power and dignity, 21.
Ecgberht. His reign marks the beginning of centralization, 19, 80.
Edgar. Fleet of, 119, note.
Edmund, King. His attempt to suppress the feud, 139, 270.
Edward the Confessor. His Norman education, 46. And constitutional
practice, 46. His charters, 46-49. His assumption of property in
the public jurisdiction, 50. His sweeping grants of jurisdiction to
the church, 50-52. Constitutional revolution effected by him, 52.
Increase of services under him, 64. Grant by writ under him, 48,
50, 100. Norman influence of, 100, 103. Wills under him, 107.
Emancipation, 155, 156.
Equity. Absence of, as a part of the Anglo-Saxon legal system, 24.
Essoins. Excused neglect of summons, 196, 284.
Estates. Four kinds, 57. Distribution of, 57-60. Of folkland, 93, 94.
How obtained, 97. How sub-let, 97. Fee-simple, 104. Entail, 104.
For life, 104, 105.
Executive procedure. One of coercion, 183. Limited character of, 184.
Gave way to contradictory procedure, 232.
Faesbot. The equivalent of wergeld, 280.
Family. Importance of, in early society, 122. Comparison of German with
Roman, 148-152.
Family land. Why so called, 68, 69. Private property in land, 69. Home-
stead, 70. Four characteristics of family land, 70. Conversion of
boc-land into family land, 70-72. Family land the creation of cus-
tomary law, 73. Its identity with heritable estates, 73. As an
estate of inheritance, 73. Its origin, 74. Rights of the family over,
74, 75. Consent of the family necessary to alienation, 76. Devices
to exclude the family, 77. Family land an untaxed estate, 77, 78.
History of family land, 80, 81. Triumph of individualism, 81.
Family law. Lack of material relating to, 121. Division of, 125.
Father. See Paternal authority.
Feud, 143-146. Origin, history, and distinction of, 266-270.
Feudal system, 54. Relation of Anglo-Saxon land law to, 116. How far
developed at time of Norman Conquest, 119.
Fides facta, 171, 190, 290, 293, note.
Folkland. Why so called, 91. A national fund, 92. Rights of the king
and people, 98. History of, 99, 100.
Foris familiatio, 160.
Foster-lean, 171, note 6.
Franks. Their policy of centralization, 4. Their immunities, 34.
Fredus. Origin of, 273.
Fyhtwite. Went to the king, 281.
Gemot. Anglo-Saxon synonym for hundred-court, 6. Used as title of
state assembly, 9.
Gerade, 136.
Gewere. See Seisin.
Godwine, Earl. His influence on the constitution, 46.
Grantor and grantee. Who could be, 103.
Guardianship, 179-182.
Hand wahre hand. Discussion of, 198, 199.
Handgeld, 148, note 1, 170, 189, and note 3.
Handhabbende. See Theft.
Healsfang, 128, 138, 144, 280.
Heirs. Stood in persona of devisor, 199, 221-223, 257, 265, note 2.
Hergewäte, 136.
Heriot, 136.
Homicide, 144-146. See Criminal Action.
Household. Distinct from the maegth, 123. Law of the, 148-179.
Hundred. The subdivision of the state for judicial purposes, 5. Syn-
onyms for, 5. First appearance of the word among the Anglo-Saxons,
12, 13, 20. Proof of its existence from the seventh century, 16-18.
The early judicial district not known as hundreds, but probably as
shires, 18, 19. Permanence and usefulness of the hundred-district,
20. The name "hundred" probably introduced by Alfred, 20.
Hundred-court. The district-court of the Germans, 5. Synonyms for, 6.
Proof of its existence in Kent in the seventh century, 8, 9. In Wes-
sex, 10, 11. The manor a private hundred, 54. Jurisdiction of, 283.
Husband. See Marriage.
Immunity. Nature of Frankish, 34.
Indians, American. Family system of the, 151, note 1, 152, note 2.
Infang-thief. Origin of jurisdiction, 32, 33.
Inheritance. Order of, 129, 137. Action for, 257. Same in movables as
in immovables, 258. See Action for loan, 201.
Inquisitio per testes. Arose from community witnesses, 187, 232, note 4,
King. His want of judicial powers, 24, 25; and of equitable powers, 25,
26. His functions as arbitrator and quasi judge, 25, 26. His assump-
tion of property in the public justice, 50. Had right of pardon, 281.
Kinship. Method of reckoning degrees of, 127-129. Not limited to the
male stem, 137. Tie of, how ended, 139-141.
Laens. Unbooked, 86. Why so called, 86, 87. Of folkland, 94. Not a
leasehold estate, 95.
Folkland, 91-100.
Confiscations of,
estates, 105, 106.
Land. Family Land, 68-81. Common Land, 81-91.
Boc-land, 100-113. Conditions of holding, 105.
64-66. Consideration for, 104. Confirmation of
No private property in, in executive period, 184. Procedure of,
227. Similarities of, with movables, 227, 228. Differences, 228,
229, 250. Origin of these differences, 229. Origin of land procedure,
229, 230. Effect of documents, 230-232. Assertion of property, 233.
Proper conceptions of seisin, 233-235. Effect and nature of traditio
and investiture, 235, 236. Claim of plaintiff, 236, 237, 255. Dis-
tribution of proof, 237-240. Division of suits, 240-242. Action
brought when one party in actual possession, 242-245. When pos-
session was disputed, 245-248. When plaintiff had right which
forced surrender, as by contract, 248-252. When auctor of defend-
ant had no right to alienate, 252-256. When inheritance formed
base of suit, 257-260. Summary of procedure in land, 260-262.
Ligare. Means of introducing procedure, 285.
Litis contestatio. In Debt, 193. In Movables, 205. In Land, 249. In
Criminal Actions, 286.
Loan, 199-202. See Movables.
Maegbot. Same as Wergeld, 280.
Maeg-lagu, 142, 148.
Maegth. Distinct from the household, 123. Law of the, 125-147. In-
cluded all of common blood through lawful marriage, 125. Subdi-
vided into faedren m. and mêdren m., 125. Orders of succession in
the, 129-137. Not limited to a fixed number of degrees, 138. Sep-
aration from the, 139. Constitution of the, 141. As an organization
for mutual protection, 142. As a police organization, 146.
Majority. Age of, 160, 163. Effect of, for boys, 161. Effect of, for
girls, 162.
Mallum. Latin form of Frankish mahal, 6.
Manbot. Went to lord, 281.
Mannitio. Of Lex Salica, 192, 283.
Manor. Origin of the, 89, 90.
Manor-court. Origin of Anglo-Saxon manorial jurisdiction, 27-29. No
manorial jurisdiction recognized in the charters, 35; nor in the
laws, 39, 40. First recognition of private jurisdictions in Frankish
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