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
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
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
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,
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
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,
GAIUS, historical
passages in, 24
Gesner, Conrad, his ascent of Pilatus, 254
Goodwill of business, its political analogies, 182
Empire, British, relation of colonies Grassi, Giacomo di, English trans-
Endowments of Church of Eng-
land, their nature, 180; ancient and modern, 184
lation of his treatise on fencing, 288
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
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,
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,
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
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,
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,
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,
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
Roads, the Roman, in Britain, 75, ULPIAN, his definition of iuris-
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,
Universities, office of, with regard Yataghan, 281
Printed by R. & R. CLARK, Edinburgh.
« AnteriorContinuar » |