pope, iv 108 111 Joinder in demurrer, iii 315 app 26 issue, ib 315 app 10 iv 340 how created, and distinguished from tenancy tenancy, where interest respectively condi- where interest commences at different pe- husband and wife take as one only, in, i where conveyance by one severs, ii 186 n estate durante viduitate, is a good, ib 138 n union with England, i 97 members added to parliament for, i 155 n rank of nobility guarded by 31 Hen. VIII. i 272 n Irish peer privileged from arrest, iii 289 receiving stolen, iv 133 Irons, to secure prisoners, iv 300 322 Isle of Man, puchased from duke of Athol, i of Ely, see Ely Issue at law, iii 313 314 collateral, iv 396 feigned, iii 452 joinder of, iii 315 app 10 iv 340 Issues on a distringas, iii 280 Judges, i 267 iii 24 iv 440 their discretionary power, i 62 n how council for prisoners, iv 355 their commissions, i 267 threatening or reproaching them, iv 126 seats not vacated by demise of crown, i 268 n may open commission after day appointed, party judge in own cause, iii 298 n property by, ii 436 relieved against in equity, iii 437 when affected by fraud, remedy against, iii binds lands, as against purchasers, ib of non pross, ii 296 n motion in arrest of, iii 393 n when may be arrested, iii 395 n by default-writ of inquiry, iii 397 n death of party before, iii 399 n in criminal cases, iv 375 n Judicial power, i 267 269 writs, iii 282 decisions binding in subsequent cases, i 62 n 63 n Judicium Dei, iv 341 342 ferri, aquæ, et ignis, iv 344 Jure divino, right to the throne, i 191 king de, i 204 iv 77 Juris utrum, writ of, iii 252 Jurisdiction, encroachment of, iii 111 of courts, settled by Edw. I. iv 425 426 Jurors, fining or imprisoning, iv 361 Jury, trial by, in general, iii 349 414 441 of court of sewers, iii 73 n jury lists, ib n returns, ib n summons, ib challenges, ib when may act in several counties, i 352 n of the peace act ministerially or judicially, i Justicies, writ of, iii 36 Justifiable homicide, iv 178 Justification, special, iii 306 Justifying bail, iii 291 Keeper, lord, iii 47 Kidnapping, iv 219 and n his prerogative in debts, judgments, and ex- ecutions, iii 420 revenue, extraordinary, i 306 ordinary, i 281 306' contempts against, iv 123 injuries to or by, iii 254 refusal to advise or assist him, iv 122 assent to bills endorsed thereon, i 185 n cabinet council of, i 229 n is governed by law, i 234 n must subscribe declarations against popery, rights and powers of, for benefit of people, i exceptions to rule nullum tempus occurrit prerogative to pardon, i 268 n cannot disturb the order of precedency, i civil list, i 332 n of the bath, ib garter, ib shire, his electors, i 172 to be returned on a lord's jury, iii 359 Knighthood, i 404 ii 69 iv 437 Labour, foundation of property, ii 5 Killing, what amounts to homicide, iv 191 and n Labourers, i 407 426 Laches, i 247 of infant, i 465 Laesae majestatis crimen, iv 75 89 force to recover possession, &c. iii 5 n Landlord and tenant, see Rent, Lodger premises burnt down, ii 281 n covenants to use straw, &c. on land, binding distress for rent. See Distress, iii 6 n non-payment of rent, iii 206 n double rent and double value, iii 211 n its amount, and by whom payable, i 311 appeal of, iv 314 SIMPLE, iv 229 n there must be a taking, 230 n servants, ib clerks, iv 230 n 231 n agents, bankers, iv 230 n 231 n manufacturers, ib officers of bank of England, iv 234 and n servants, &c. in post-office, ib n of South-sea company, ib lodgers, iv 231 party stealing his own goods, iv 230 n and the stealing must be personal, iv 232 underwood, turnips, fruit, &c. iv 233 and n ore from mines, iv 234 writings relative to estate, ib civil, i 80 and canon, authority of, i 14 79 83 iv 421 422 prior doctrines of, binding, i 63 n offences against, iv 41 feodal, ii 44 iv 418 offences against, iv 66 side of the chancery, iii 46 statute, i 85 unwritten, i 63 iv 408 wages of, iii 341 iv 414 424 words in, how expounded, i 54 60 n investiture of bishops, i 378 bonds, bills, choses in action, iv 234 and n Lazarets, escaping from, iv 162 letters, ib n wrecks, &c. iv 235 Lead, stealing, iv 233 and n Leading interrogatories, iii 449 Lease, ii 317 app 2 and release, ií 339 app 2 entry, and ouster, rule to confess, iii 204 power under statutes and settlements to concurrent leases, law of, ii 320 n of vicar, &c. must be confirmed by ordinary, when not binding on successor, ib how far assignee bound by covenants of, ii by what mode of expression it may be Local actions, iii 294. See Venue truth not material, iv 150 malice how far essential, ib conveyed, ib what publication necessary, ib modes of prosecution, ib mode of trial, ib Locality of trial, iii 384 iv 303. See Venue Locks on rivers, destroying, iv 144 and n Logic, its effects upon law and theology, i 33 ii 58 iv 417 Lollardy, iv 47 London, courts of, iii 81 customs of, i 70 75 76 n ii 518 franchises of, not forfeitable, iii 264 iv 424 mayor and aldermen of, their certificate, iii Lords' committees for courts of justice, iii 57 Malicious destroying ships, &c. iv 245 n house of, its attendants, i 168 may kill the king's deer, i 167 temporal, i 157 Lotteries, iv 168 and n underwood, wood, &c. iv 246 clothes, &c. iv 245 mine engines, &c. ib 246 247 burning houses, ib corn, wood, &c. ib breaking down fish-ponds, iv 246 n cutting banks, ib 246 hop binds, &c. ib 247 and n breaking into house to steal plate glass, ill-treatment of cattle, ib 246 n malicious mischief to 51. in general, ib Malt-tax, i 313 Man, island of, ib 106 Magistrates, their rights, duties, &c. in gene- Mandamus, writ of, iii 110 264 iv 441 ral, i 146 oppression of, iv 141 subordinate, i 338 supreme, ib Magna assisa eligenda, writ de, iii 351 Malicious prosecution, iii 126 in what cases granted, iii 265 n to appoint overseers, i 360 n Mandates, royal, to the judges in private causes, i 142 iv 426 Manhood, ii 54 Manor, ib 90 destroying, &c. powdike in fens of Norfolk Market, i 274 iii 218 |