Imágenes de páginas
PDF
EPUB

INDEX

ACRE, customary varieties of, 138
All Souls' College, Oxford, its law
library, 96, 242
Alpine Club, formation of its
library, 251

Alps, various kinds of literature of,
255, 256, 258
Anglo-Saxon laws, as to breach of
peace, 70

Austria not related to Hungary

as England to Ireland, 205
Averages, importance of, in working
of examination, 223

BAYONET, forms of, 294

Biblioklepts, why they take odd
numbers, 253

Black Death, scarcity of labour
caused by, 133
Blackstone, William, 26, 29
Bondmen, in Anglo-Saxon law,
123, 128
Bovines, cultelli triacumines used
at battle of, 285
Bracton, Henry of, his application
of Accingere gladio tuo, 270
Buckler, use of, with sword, 287, 289

238; of Alpine Club library,

252
Chancery, ethical element brought

into English law by, 27.
Church, mediæval, jurisdiction of,
in cases of promise, 60; peace
of, 74; of England, its relation
to secular law, 173; its relation
to the State, 178

Civil Service, examinations for, 230
Codex Diplomaticus, Kemble's, 121
Colonies, British, varieties of law

in, 57; different kinds of, 188;
attachment of, to mother
country, 199; law of, in English
libraries, 244

Common fields, 113, 137, 138
Common Law, the extension of the,
46, 48
Commonplace

books, English

Competition a universal motive,
lawyers', 104

232

Conquest, the Norman, social effects
Constitution, the English, elas-
of, 135
Contract, archaic law of, 59; early
ticity of, 162
history of, 153

CAMBRIDGE, Sir H. Maine's re- Copyhold tenure, 115, 116, 136

lations to, 149

Canada, constitution of, 191;

position and power of province
of Quebec in, 208

Court Baron, 114, 130

Court, customary, 115, 131
Crown, Pleas of the, the first appear-
ance of, in early English laws, 85

Carucate, nature and value of, 144, Curses, in archaic legal forms, 62

145

Catalogue, alphabetical or classed,

Curvature of sword blade, its effect,
276

DAGGER, development of sword
from, 279; Asiatic forms of, 283
Damascus, swords of, 278
Dargun, Dr., on primitive property,

140

Darwin, Charles, his work com-

Department, 231; suggestions
for improving, 232
Examiners, office and duties of, 223

FAMILY, as unit of early law, 119, 141
Federation, imperial, 213

pared with that of historical Fencing, abandonment of armour led
jurists, 41

Democracy, Sir H. Maine on, 160;
English, flattery of, by Irish
Nationalists, 203
Devonshire, Domesday survey of,
132; assessment of manors in,
144; jurisdiction of Duchy of
Cornwall in, 137
Disestablishment, 169 sqq.; its
probable effect, 177, 183
Domesday Book, recent illustrations

of, 132, 142

[blocks in formation]

to, 286; alleged early Spanish
books on, 287; early English
books on, 288; French and
Italian schools of, 293; health-
fulness of, 298

Ferara, Andrea, 274
" Fox," as name of sword, 274
France, no anti-patriotic parties in,

201

GAIUS, historical

passages in, 24

and critical

Gesner, Conrad, his ascent of
Pilatus, 254

Goodwill of business, its political
analogies, 182

Empire, British, relation of colonies Grassi, Giacomo di, English trans-

to, 199

Endowments of Church of Eng-

land, their nature, 180; ancient
and modern, 184

lation of his treatise on fencing,
288

257

HAMLET, the fencing scene in, 290
England, her law centralised and" Hand-peace," the king's, 75, 76
insular, 25, 47; legal archaisms | Hannibal, his passage of the Alps,
preserved in, 44; empire of, in
India, 54
Equality, religious, what, 171
Examination,

its relation to
education, 216 sqq.; com-
petitive, its nature, 217; how
practised at universities, 218,
221; necessary limitations of,
219; errors of, how compensated,
222; a good servant and bad
master, 224; facility of, not ade-
quate measure of value of studies,
225; will not produce educa-
tion, 226; system of, oppresses
learning at universities, 229;

Hide, measurement and assessment
of, 144

Highway, the King's, 82
History, relations of, to law, 45
Holmes, Judge O. W., 44, 45
Home Rule in Ireland, the con-

stitutional problem of 187 sqq.
House, peace of, and right to defend,
70, 73

Humanities compatible with study
of law, 107

Hungary, case of, unlike that of
Ireland, 205

in Civil Service, 230; not used INCLOSURES of sixteenth century,
in higher branches of Education

137

India, ideal Brahmanical law in,
32; British empire in, 53; legal
antiquities of, 56; village
communities in, 117
Inns of Court, their libraries, 234,

242, 245, 247
International Law is really law,

18

Ireland, Home Rule question in, 187
sqq.; has not native institutions,
192; English conquest of, 193;
Government of, Mr. Gladstone's
Bill for, 196; colonial self-
government not practicable in,
198, 202; Home Rule would
not be final in, 204; whether
federal constitution possible for,

210

Jura regalia, grants of, 86
Jurisdiction, private, in feudal
system, 125
Jurisprudence, art and science of,
1, 2; different conceptions of,
4; Ulpian's definition of, 5;
the species of, 9, 11, 19; Eng-
lish and Continental methods
in, 14, 30, 35; Roman, ana-
lytical and historical elements
in, 23; historical and compara-
tive, 40; historical, its present
stage, 164

Jus gentium, 10

KING, privileges of his house, 73;

peace of his court, 80, 83
King's Peace, the, 64 sqq.; per-
petual succession of, 87
Kukri (the Gurkha weapon), 282

LAW, distinction of, from morality,
6, 7; the general ideas of, 10,
11; of nature, 14, 28; inter-
national, 18; Roman attempts
to define, 22; academic study

101; literature of, peculiar,
236; foreign and colonial, pro-
vision for, in English libraries,
244; bibliography of, 244,

248

Legislation, theory of, its relation
to general jurisprudence, 12
Libraries, law, special character of,
235; their necessary depart-
ments, 237; scale of import-
ance of subjects in, 239; books
required in, 240

Library of Alpine Club, 250
Lyall, Sir Alfred, on fruitfulness

of Maine's generalisation, 157

MAINE, Sir Henry, 147, sqq.; his
scholarship, 150; permanent
characters of his work, 153; its
artistic quality, 154; its effect
on local research, 157; his
enlargement of methods of legal
study, 159; his treatment of
modern politics, 160; of inter-
national law, 165; the example
of his life, 167

Maitland, F. W., on manorial
courts, 115

Manor, constitution of English,
112 sqq.; not regularly conter-
minous with township, 116,
130; change of meaning in the
word, 127

"Mark" (= village community), no
real English authority for, 121,

124

Marks in examinations, 233
Merchants, peace specially granted
to, 77, 78, 79
Micah of Mount Ephraim, the
story of, 67
Minorities, political power of, 207
Mycenæ, ornamented blades found
at, 265

of, 94; different kinds of know- NATIONALISTS, Irish, anti-English
ledge required in practice of, utterances of, 200, 202

Nature, the law of, 14, 17, 28
Naturrecht, 14, 15, 17

OATH, confirmation of promises by,
in early law, 61; taken on
sword or arms, 269

Ossian, on what occasion afraid,
73

Oxford, University of, its Law
School, 96, 102; adjustment of
teaching to examinations in, 228

PARISH, relation of, to township and
manor, 130
Parliament, supremacy of, through-
out British possessions, 188;
in constitutional matters, 212;
reform of, 224

Peace, of homestead, etc., in old

English law, 70; justices of
the, 88; security of the, 89
Philosophy, Greek, its influence in

Roman law, 21; relation of
historical method to, 42
Politics, relation of, to jurispru-
dence, 4

Property, private, a relatively late
conception, 118

Protestants, travelling, zeal of,

[blocks in formation]

Roman law, prevalence of, on the
Continent, 30, 46; recent
English works on, 97; value of,
in legal education, 104
Romans, their military weapons,
262, 266

SAVIOLO, Vincentio, his treatise,
288

Science, functions of imagination
in, 109

Scotland, law of, 50
Sentiment, power of in practical
affairs, 194

Silver, George, his objections to
the rapier, 289
Sports, lawful, 108
Stipulation in Roman law, its

religious character, 60
Sword, earliest forms of, 261;
leaf-shaped, 263; in Greece,
265; in Roman armies, 266 ;
mediæval, 268; symbolism of,
269; Renaissance forms of,
271, 273; basket-hilted, 272;
Spanish and German, 274;
Asiatic, 275; talwars and
scimitars, 277; relation to
dagger, 279; Japanese and
Malay, 283; three-edged duelling
or "small," 285; eighteenth-
century form of, 292; modern
military, 295

[blocks in formation]

Roads, the Roman, in Britain, 75, ULPIAN, his definition of iuris-

[blocks in formation]

to special sciences, 92; method
of examination at, 218

Ulster situated in Ireland like pro-
vince of Quebec in Canada, 208
United States, position of the
Common Law in, 33; con- VILLENAGE, 136
stitution of, 206, 212; law- Virgates, 145
books of, in English libraries,

242, 245, 248

YARDLANDS, 145

Universities, office of, with regard Yataghan, 281

THE END

Printed by R. & R. CLARK, Edinburgh.

« AnteriorContinuar »