Marriage, licences and registers forging or de- Master, when master bound by contracts of stroying, iv 163 249 and n of royal family, i 226 iv 117 proof of, iii 140 property by, ii 133 settlement, ii 364 its antiquity, ib 138 when good, i 440 dower barred by agreement to settlement, son of subsequent, preferred to daughters of will revoked by, ib 376 n 503 n effect of, upon wife's previous property, ib 434 n husband administrator to wife's estate, ib contract suit for, iii 93 action for breach of promise of, i 433 n but not to compel marriage, ib when second marriage void to all intents, when marriage of minor may be annulled, when void from youth of parties, ib n breach of promise by minor not actionable, if party to consent be incapable, &c. what marriage of lunatics, ib 438 n Stotch and foreign marriages, ib annulling for impotency, ib n divorce may be repealed, ib n servants, i 429 n 430 n master entitled to earnings of servant, ib employing servant of another, ib 141 n not liable for crimes of servant, ib n servant pawning or selling materials, &c. i Materia prima, iii 322 Mayhem, ib 130 iii 121 there must be a maiming, ib 207 n a laying in wait, ib an intent to disfigure, ib malicious shooting at another, ib and n Measures, i 274 iv 275 424 false, iv 157 Medietate, jury de, iii 246 360 iv 128 166 278 352 Mediterranean passes, counterfeiting of, iv 249 Meetings, see Riot, Conspiracy to petition, restrained, i 142 n for military training, forbidden, ib 143 n Members of parliament, i 153, see Commons, ill-temper not sufficient to divorce, ib 441 n Menaces, iii 120 and n adultery, ground of divorce, ib n decreeing alimony, ib n when marriage vacates, previous bonds, &c. in what case contracts by wife bind hus- marrying ward of chancery, ib 463 n against consent of parents, not indictable, conspiring to marry, ib Marshal of the king's bench, iii 42 custody of, ib 43 285 of the king's host, certificate of, ib 334 Marshalsea, court of, ib 76 iv 276 Martial courts, i 415 law, ib 412 Massbooks, iv 115 Master in chancery, iii 442 of the rolls, ib his judicial authority, ib 450 Master and Servant, rights and liabilities of, in general, i 422 to 432 slave when can demand wages for service relative duties of, ib 425 n as to apprentices, ib 426 n, see Apprentice contracts for wages construed, ib Menial servants, i425, see Master and Ser- Military, standing army, i 414 rights and duties of, same as other citizens, must remove during elections, ib 415 n when action lies against superior officer, ib legality of impressing seamen, i 419 n Milk, may be sold on Sunday, iv 64 destroying their works, &c. iv 247 and n Ministers of state, their responsibility en- forced, i 250 Minority, none in the king, i 248 priority among several mortgagors, ib 160 n bequests not barred by, ib subsequent statutes, ib 273 n colleges relieved against by statute, ib 274 n Mother-church, i 112 property in, ib 5 385 Minors, see Infant Children, not to sit in par- Mountebanks, iv 168 liament, ib 162 must be an unlawful killing, ib by perjury, iv 138 196 person killed must be reasonable creature, in king's peace, ib 197 there must be malice aforethought, ib 198 conviction of, iv app punishment, iv 201 when pardonable, ib 193 400 advising it, ib 126 Mutilation, i 130 iii 121 iv 207 punishment by, iv 377 Mutiny-act, i 415 Mutual debts, iii 305 National debt, i 327 iv 441 Nations, law of, i 43 44 n iv 66 offences against law of general observations, iv 66 violation of safe-conducts, ib 68 offences against ambassadors, iv 70 Nativi, ii 94 Natural liberty, i 125 life, i 132 ii 121 persons, i 123 Natural-born subjects, ib 366 371 who are, &c. ib 366 n cannot transfer their allegiance, ib 369 370 Nare, crime against, iv 215 guardian by, i 461 law of, ib 36 39 41 n Navigation acts, ib 418 iv 439 Navigations, destroying, iv 244 and n hard labour for the benefit of, iv 371 and n Navy, articles of, i 420, see Military Ne admittas, writ of, iii 248 exeat regnum, i 137 266 iv 122 Necessity, when it excuses crime, iv 27 to 31 Negative in corporations, i 478 of the king, ib 154 Neglect of duty, action for, iii 163 Nisi prius, courts of, ib 58 justices of, iii 59 iv 269 trial at, iii 353 iv 351 Nobility, i 366 its uses, ib 157 see Peers new order of, introduced, i 397 n their degrees at conquest, ib 399 n creation of, and introduction to house of peerage may be gained for life, ib 401 n when tried and liable to process as common- privilege of, not extended to foreign, ib wife gives no rank to husband, ib n coparceners of title, which shall bear it, ii 216 n Nocturnal crimes, how prevented or resisted, Non assumpsit, iii 305 infra sex annos, ib 308 compos mentis, i 304 ii 497 iv 24 395 culpabilis, plea of, iii 305 iv 339 decimando, prescription de, ii 31 est factum, plea of, iii 305 est inventus, return of, ib 283 app 14 15 18 obstante, i 342 ii 273 iv 401 prosequitur, iii 296 sum informatus, judgment by, ib 397 Non-claim in fines, ii 354 of infants, i 465 Nonconformity, iv 51 432 Nonjuror, iv 124 Non-payment of ecclesiastical dues, iii 89 Non-residence, ii 322 Nonsuit, iii 296 316 376 judgment as in case of, ib 357 Non user, ii 153 Norfolk, destroying powdikes in, iv 244 Norman conquest, iv 414 415 isles, i 107 hand, ib 467 Notice in ejectment, iii 203 463 of trial, ib 357 Novel disseisin, assise of, ib 187 Novels in the civil law, i 81 Nudum pactum, ii 445 VOL. II.-98 Nul disseisin, plea of, iii 305 ii 535 tort, plea of, ib 305 Nursery grounds, see "Distress." of omission and commission, ib 5 n by vibration of steam-engine, ib n to watercourse, ib 403 n public to highways, bridges, rivers, &c. iv 167 offensive trades, ib and n disorderly houses, &c. iv 168 and n fire-works, ib and n Oath, ex officio, iii 101 447 to the government, refusal or neglect to take who must take oath candidates, if required, as to their qualifi- electors, of supremacy and allegiance, be- of witnesses, iii 369 n of one witness insufficient in equity, ib 371 n iv 214 n conviction must be on, ib voluntary and extrajudicial, ib 137 Objects of the laws of England, ib 121 Obligation of human laws, ib 57 or bond, ii 340 app 3 iii app 20 Obstructing of process, iv 129 and n Odio et alia, writ de, iii 128 Economy, public, offences against, iv 162 when rule, nullum tempus occurrit regi, ap- plies to, ib 247 n king's prerogative to pardon, ib 269 n Office found, iii 259 inquest of, ib 258 buying or selling illegal, ii 37 n Officers, see respective titles arrest by, iv 292 killing them in executing their office, iv 200 removal of, ib non-commissioned, free from civil arrest, iii Outlawry, i 142 iii 284 trial per iii 349 Parish, i 112 Parish-clerk, ib 395 Park, ii 38 416 against one of several defendants, iii 284 n Parliament, see also Statutes special capias utlagatum, ib writ of error to reverse, ib n in criminal cases, N 319 Owling, ib 154 Oyer, iii 199 app 22 n and terminer, commission of, iv 269 app 1 Oyez, ib 340 Pains and penalties, act to inflict, iv 259 trial per, iii 349 iv 349 Palace court, iii 76 assault in, iv 125 Palatine counties, i 116 iv 431 their courts, iii 79 Panel of jurors, iii 354 iv 302 350 Papal encroachments, iv 104 credit, i 330 ii 466 iv 441 Papirian code, i 81 Papists, children of, ib 449 451 incapacities of, ii 257 293 laws against, iv 55 87 425 may now purchase and inherit lands, ii 257 n Paramount, lord, ib 59 91 Paraphernalia, ib 435 Paravail, tenant, ib 60 Parcels in a conveyance, ib Parceners, ib 187 Parco Fracto, writ de, iii 146 app 2 for discovering accomplices or receivers, ib 331 Irish union, ib 155 n 159 n assembling of, on death of king, ib 150 n Drake, impeached by, ib 151 n spiritual peers, in, ib 156 n 157 n omnipotence of, ib 161 n 163 n privileges of members from arrest, &c. ib members, how liable to bankrupt law, ib attorney-general not a member formerly, ib Parliament, qualification of member, ib notes petition to, under Grenville's act, ib 180 n speaker's speech on his election, ib n speaker of commons votes only when num- speaker of lords has no casting vote, ib king's rejection of bills, ibn royal assent endorsed on bills by clerk of, ib promulgation of statutes, ib n orders, &c. determine by prorogation of, ib impeachment not affected by prorogation or announcement of meeting of, i 187 n may be summoned on fourteen days' notice, be dissolved by proclamation, ib n additional courts made only by, ib 267 Peace, breach of, iv 142 commission of, i 351 iv 270 justices of, i 349 iv 270 282 290 292 428 security for, ib 251 254 felonious, riotous assembling, iv 142 threatening letters, ib 144 and n riots and unlawful assemblies, ib 146 going armed with weapons, ib 149 Peculatus, iv 122 Peculiars, court of, iii 65 Pecuniary causes in ecclesiastical courts, iii cannot alter private bills which raise money, interfering at election, breach of privilege of their precedency determined, ib 272 n number of their chaplains, ib 392 n peerage may be gained for life, ib 401 n trial of, i 401 n trial by, i 401 iv 260 348 if witness in court of parliament, must be words against, actionable, ib n construed strictly, i 82 n Penalty of a bond, iii 435 Penance, commutation of, iv 217 276 in ecclesiastical courts, ib 275 Pension, ecclesiastical, i 282 ii 40 duty on, ib 326 from foreign princes, iv 122 |