726 DOM-BOC, what, 61 INDEX. no trace to be found of Alfred's supposed Dom-boc, 61 compilation of, under William the Conqueror, 97 the important consequences that resulted from it, 98 nature of, 31, 32 distinction between-one of the elements of the feudal system, 28 dominium utile the only right in land that a subject has been allowed to acquire since dominium directum extinguished in England in the time of William the Conqueror. continued as regards personal estate to the present time, 135 DOWER, recoverable in the Court of Chancery, temp. Edw. III. 335 doctrine of the Court of Chancery opposed to that of the Judges of the Commen jurisdiction of the Court of Chancery as to setting out, 653 tenant in, 145 DUCES, Anglo-Saxon, 59 EASEMENTS, 151 ECCLESIASTICAL COURTS, origin of their civil jurisdiction, 101 ECCLESIASTICAL JURISDICTION, subjects of, removed by William the Conqueror from the Hundred Courts to the matters of ecclesiastical cognizance, 118 EDINBURGH REVIEW, treatise in No. Ixix as to the Curia Regis, 107 EDWARD I., scheme of English law, and of judicial procedure established in his reign, 121 EJECTMENT, action of, 232, 233 use of the action of, by the Court of Chancery, introduction of consent rule, 693 doctrines as to, 572, 639 EMPERORS, Roman, in some respects not so imperial as the sovereigns of England, 669 Roman, nature of this tenure, 32 ENACTMENTS, at the Anglo-Saxon councils usually in the name of the King, 11, 74 ENFRANCHISEMENT OF VILLEINS, one of the sources of tenure in free socage, 98 ENGLISH, miseries to which they were subjected after the Norman Conquest, 94, 95 ENTAILS, Roman, 21 how effected, 21 Anglo-Saxon, 21 110 EQUITABLE ASSETS. See ASSETS. EQUITABLE JURISDICTION, exercised by Anglo-Saxon Kings, 77 germ of the jurisdiction of the Court of Chancery, 77 heads of the equitable jurisdiction of the Court of Chancery, 431, 434 equitable jurisdiction over their own proceedings exercised by Courts of Law, 683 notices of, by Bracton, 126 Plowden, 126 principles of, applied in the formation of the common law, 322 different senses in which it is used, 326 applied to, in the action of assumpsit, 245 EQUITY AND GOOD CONSCIENCE, the extraordinary jurisdiction of the Chancellor, on its original delegation, to be limits to the application of Equity and Conscience, as regards the rules and maxims examination of witnesses ad informandum conscientiam Judicis, 380 Roman, 216, 217 English, 229 EXCHANGE, deed of, 162 EXCHEQUER, COURT OF, erected by William the Conqueror, 102 similar Court created by Emperor Nerva, 102, n. temp. Hen. II. and downwards, 114 the Equity Court of the, 352 EXECUTOR, his office in many respects similar to that of Roman heir, 189, 190 his duties at common law, 191, 192, et seq. remedies against in the Ecclesiastical Court, 579 liabilities of, &c., in the Court of Chancery, 584, 585 EXECUTORY BEQUESTS, 472 of terms for years, 472 EXECUTORY DEVISES, their nature, 470, 471 EXTRAORDINARY JURISDICTION, of Roman Prætor, 324 exercised in cases of contracts entered into under influence of fear, or by surprise, 728 INDEX. EXTRAORDINARY JURISDICTION OF THE COURT OF CHANCERY, See CHANCERY, COURT OF, 326, &c. the circumstances which contributed to its formation, 326 EXTREMITY, relief given in the Court of Chancery in cases of 415, 687 ancient doctrine of the Court of Chancery as to cases of, applied to wills, 546 Estate in, after stat. 18 Edw. I. 139 FEE-TAIL, estate in, after stat. de donis, 13 Edw. I. 140, et seq. restrictions on alienation, imposed by that statute, 142 modes resorted to, to avoid these restrictions, fines, and recoveries, 142, 143 FEMES COVERT, See MARRIED WOMEN. alienation by, under stat. 3 & 4 Will. IV. c. 74, 169 FEOFFMENT, its nature, 140, 161 FEUD, &c. See BENEFICE. distinction between dominium directum and dominium utile, (which see) one of its definition of a feud, by Sir H. Spelman, 34 approved by Mr. Butler, 34 grants of, after the Norman conquest, 135, 136 created by words of donation, 139 Sir F. Palgrave's derivation of the word, 32 incidents to the tenure of a feud, in the time of William the Conqueror, 91, 136, et seq. FEUDAL SYSTEM, sources of, 28, et seq. traces of in ancient Welch laws, accounted for, 30 principles of the feudal relation and its incidents in its growth and maturity, 39, 46, FEUDAL TENURE, general establishment of, in the time of William the Conqueror, 93 FICTIONS, LEGAL, of Roman invention, 143 introduced by the Prætors to extend legal remedies, 213 adopted by the Judges of the Common Law Courts for the same purpose, 233, 234 purposes to which they were respectively applied, 164, 165, 166 the provisions and purposes of that statute, 166, 167 FLETA, treatise of English law under this name, 122 FOLCLAND, the ager publicus of the Anglo-Saxons, described, 8 Sir W. Blackstone's and Lord Coke's descriptions of, 8 FORCE AND ARMS, distinction between injuries committed with and without in the Roman law, 570 Anglo-Saxon, 26 FORFEITURE, of bocland to King, 47 FORGERY, 627 FORMA PAUPERIS, suits in, 381, 690 FORMULA, OR WRIT, Roman-mode of proceeding by, 210 mode of proceeding by, abolished by Constantius, 217 FORTESCUE, C. J., deduces the common law from the Britons, 125 this notion, sanctioned by Chief Justice Popham and Lord Coke, 125 FRANKALMOIGNE, tenure in, 147, 159 FRAUD, jurisdiction exercised in regard to, under the jus prætorium, 324 FRAUDS, statute of, 161, 497, 512 FREEHOLD, estate of, 135 FUTURE ESTATES, OR ESTATES IN EXPECTANCY, what may be created at Common Law, 155 GAME LAWS, Roman, 26, 33 Anglo-Saxon, 26 GAVELKIND LANDS, in Kent and elsewhere, 25 descent of, 25 GENERAL ORDERS, for regulating the course of procedure in Chancery, and correcting abuses, 397. 405 GLANVILLE, chief justiciary, 113 his treatise on the laws of England, 119 GOODS AND CHATTELS, what are according to English law, 179 GRACE, MATTERS OF, equitable jurisdiction in ancient times (temp. Edw. III.) delegated to the Chancellor under this name, 337, 338, 368 GRAND JURY, origin of this institution, 63 VOL. I.-43 730 GRANTS, INDEX. Anglo-Saxon-no technical form of words necessary, 22 GRANTS, MODERN, nature of, 162 GRATITUDE, for gifts, one of the principles of feudal connection, repudiated by the Germans, 34 writ by which devisee of lands or hereditaments devisable by custom could recover GREAT COUNCIL, or Parliament, 332 its jurisdiction in early times, 332 by common law and by statute, 605-608 doctrines of the Roman law as to, 608-610 jurisdiction of the Roman Prætor over the persons and property of minors, 609, 610 617 HABEAS CORPUS CUM CAUSA, 371, 687, 690 HÆRES, HEIR, Roman, 189, 190 HAYES, MR., his account of the effect of the statute 3 & 4 Will. IV. c. 76, for abolishing fines and HEARING OF CAUSES, in Chancery, 383 HEIR takes if no gift to any one else, 526, 527 HEIR LOOMS, 191, 192 HENGIST AND HORSA, their arrival in Britain, 3 HENRY I. confirms the "Laws of Edward," 105 designs to be a legislator, 108 his so-called Laws, 108 HENRY II. turns his particular attention to civil jurisprudence, 111 regulations in regard to proceedings in the King's Court introduced in his reign, 111 its nature, 6 HUNDRED COURT, under the Anglo-Saxons, 59 IDIOTS AND LUNATICS, their condition according to the law of England, 618 IMPERIAL PREROGATIVES and titles assumed by Anglo-Saxon and Danish kings, 11, 12 IMPERTINENCE AND SCANDAL, stringent measures adopted for the repression of, temp. Eliz., 376, 377 |