13. What is the great difference between a man convicted and attainted? 381.

14. What are the two consequences of attainder? 381.

15. How is forfeiture twofold? 381. 16. How far backwards does forfeiture of real estates relate? 381.

17. What is forfeited from the wife, if the husband be attainted of treason, by the express provision of statute 5 & 6 Edw. VI. c. 11; and if the wife be so, shall the husband be tenant by the curtesy of the wife's land? 381, 382.

18. But what if a traitor die before judgment pronounced, or be killed in open rebellion, or hanged by martial law? 382.

19. In what consideration is the natural justice of forfeiture, or confiscation of property, founded? 382.

20. What is provided in certain treasons relating to the coin; and, in order to abolish hereditary punishment entirely, what was enacted by statute 7 Anne. c. 21; and how was the operatiou of the indemnifying clauses in this statute still further suspended by statute 17 Geo. II. c. 39? 384, 385.

21. What does the offender forfeit in petit treason and felony; and what is called the king's year, day, and waste? 385.

22. Do these forfeitures actually take place; are they incident to a felo de se; and how far backwards do they relate? 386.

23. To what two other instances besides those already spoken of does the forfeiture of the profits of land during life extend? 386. 24. When does the forfeiture of goods and chattels accrue? 386.

25. How is forfeiture for flight, on an accusation of treason, felony, or petit larceny, now looked upon? 386, 387.

26. What three remarkable differences are

there between the forfeiture of lands and that of goods and chattels, the second as to outlawry, and the third as to its relation backwards; but what (particularly by statute 13 Eliz. c. 5) if a traitor's or felon's chattels be collusively, and not bona fide, parted with, merely to defraud the crown, and why? 387, 388.

27. What are the consequences of corruption of blood? 388.

28. In what offences is corruption of blood saved; what will be the virtual effect of the

statute of 7 Anne (the operation of which is postponed by the statute 17 Geo. II.); but why will the corruption of blood still continue for many sorts of felony? 389.

CHAP. XXX.-Of Reversal of Judgment.

I. IN what two ways may judgments, with their several consequences, be set aside? 390. 2. By what three means may a judgment and attainder be reversed? 390-392.

3. For what may a judgment be falsified, reversed, or avoided, without a writ of error; why cannot these matters be assigned for error in the superior court; and when may a diminution of the record be alleged? 390.

4. Where does a writ of error lie, and for what may it be brought? 391, 392.

5. On what are writs of error allowed to reverse judgment in case of misdemeanors; and how, in capital cases, to reverse attainders, when by whom are they generally brought? 392.

6. When is an act of parliament to reverse the attainder granted; and how is its effect different from that of a reversal by writ of error? 392.

7. What is the effect of falsifying or reversing an outlawry; and wherein does it differ from that of falsifying or reversing a judgment upon conviction? 392, 393.

8. Upon the latter event taking place, what if the party's estates have been granted away by the crown? 393.

9. Is he liable to another prosecution for the same offence? 393.

CHAP. XXXI.—Of Reprieve and Pardon.

take back; and on what two accounts may it I. WHAT is a reprieve, from reprendre, to

be? 394.

and when may it be granted or taken off? 2. What is a reprieve ex arbitrio judicis;

394.

3. What is the first case of reprieve granted ex necessitate legis; and what must the judge direct in case the plea of pregnancy, in a of execution; when is it a sufficient stay; and woman capitally convicted, be made in stay how long? 395.

4. What if the woman have once had the and afterwards became pregnant again? 395benefit of this reprieve, and been delivered, 5. What is the second cause of regular reprieve? 395, 396.

of the prisoner when any time intervenes between the attainder and the award of execution; and what if the party plead diversity of person, that he is not the same that was attainted, and the like? 396.

6. What is it the invariable rule to demand

shall time be allowed the prisoner to make 7. When only, in these collateral issues, what is held as to challenges of the jury by his defence or produce his witnesses; and the prisoner? 396.

8. What is declared by statute 27 Hen. VIII. c. 24 as to pardon? 397.

9. What offences may the king pardon, excepting what four? 398, 399.

10. What restriction is there that affects the prerogative of pardoning in case of parliamentary impeachments? 399, 400.

II. What must be the form of a complete irrevocable pardon; and what will be the effect of a warrant under the privy seal or sign-manual? 400.

12. What circumstance will vitiate the whole pardon? 400.

13. Will a pardon of all felonies pardon a conviction or attainder of felony? 400.

14. What is enacted by the statute 13 Ric. II. st. 2, c. I as to the pardon of treason, murder, or rape? 400.

15. Under these restrictions, how is it a general rule that a pardon shall be taken?

401.

16. What is a conditional pardon? 401. 17. What is the difference between a pardon by act of parliament, and by the king's charter of pardon? 402.

18. When has a man waived the benefit of his pardon? 402.

19. What discretionary power does the statute 5 & 6 W. and M. c. 13 give the judges of the court over a criminal pleading pardon of felony? 402.

20. What is the effect of a pardon by the king? 402.

21. But what only can restore or purify the blood, if the pardon be not allowed till after attainder; yet when may the attainted's son be his heir? 402.

CHAP. XXXII.-Of Execution.

1. By whom must execution be performed; and under what warrant in the court of the lord high steward, under what in the court of the peers in parliament, and under what at the assises? 403.

2. Within what time is the sheriff to do execution in the country; but what is the form of proceeding, and what is the warrant, in London, and what if the prisoner be tried at the bar of, or brought by habeas corpus into, the court of king's bench? 404.

3. And, throughout the kingdom, what is enacted by 25 Geo. II. c. 37 in case of murder? 404.

4. Can the sheriff alter the manner of the execution, by substituting one death for another? 404.

5. May the king, or may he, remit any part of the sentence? 405.

6. What if, upon execution of judgment to be hanged by the neck till he is dead, the criminal revives? 406.

CHAP. XXXIII.-Of the Rise, Progress, and Gradual Improvements of the Laws of England.

1. WHAT few points which bear a great affinity and resemblance to some of the modern doctrines of our English law may be collected from Cæsar's account of the tenets and discipline of the ancient Druids in Gaul, who were sent over to Britain to be instructed? 408.

2. Why is it impossible to trace out when the several mutations of the common law were made; and whence the great variety of our ancient established customs? 408-410.

3. What did Alfred for the constitution and laws? 410, 411.

4. What was the Dane-lage, what the West-Saxon-lage, and what the Mercenlage? 412.

5. What did Edgar; and what is the most probable original of the common law? 412. 6. What nine may be reckoned among the most remarkable of the Saxon laws? 412414.

7. What five alterations in our laws did the Norman invasion work? 415-418.

8. What did William Rufus; and what did Henry I.? 420, 421.

9. What did Stephen? 421.

10. What did Henry II.; and what four things peculiarly merit the attention of the legal antiquary in the reign of this king? 421-423.

11. What did Richard I.? 423.

12. What did John and Henry III.; and what were the effects of magna carta and carta de foresta? 423-425.

13. What did Edward I.; to what principal fifteen general heads may the regulations of this king be reduced; and what is the best proof of the excellence of his constitutions? 425-427.

14. What did Edwards II. and III.? 428.

15. What was done from this time to that of Henry VII.; and what two things do we owe to the civil wars and disputed titles to the crown? 428, 429.

16. What was done by Henry VII.? 429, 430.

17. What did the Reformation effect; and what was done with regard also to our civil polity by Henry VIII.? 430, 431.

18. What did Edward VI. and Mary? 431,

432.

19. What did Elizabeth for the religious liberties of the nation; and what for the political? 432-435.

20. What did James I.? 436.

21. What did Charles I.? 436-438. 22. What was done upon the restoration of Charles II.? 438-440.

23. What has been done from the resolution in 1688 to the present time; and what have been the chief alterations of moment in the administration of private justice during that period? 440-442.

iii, 399, n.

of freehold, iii, 167. indictment, iv, 334. nuisance, iii, 5.

plea in, iii, 301; iv, 334.

writ, count, or suit, iii, 301.

what may be pleaded in, iii, 302, n. Abbey-lands, ii, 32; iv, 116.

molesting their possessors, iv, 116.

Abbots, i, 155.
Abbreviations, iii, 323.
Abdication, i, 212; iv, 78.

Abduction of child, iii, 140.

of heiress, iv, 208.

ward, iii, 141.
wife, iii, 139.

women, i, 443

or kidnapping, iv, 219.

punishment for, iv, 208, n.

under Eng. statutes, iv, 210, n.

when parent can recover damages for, iii,

141, n.

Abearance, good security for, iv, 251, 256. Abeyance, ii, 107.

of freehold estates, ii, 107, n.

Abigei, iv, 239.

Abjuration, oath of, i, 368.

of the realm, iv, 56, 124, 332, 377. Absolute power of the crown, i, 250. property, ii, 389.

rights under the U. S. laws, i, 125, u.
and duties, i, 123.

Abstract of a fine, ii, 351, app. 15.
Accedas ad curiam, iii, 34.
Acceptance of bills, ii, 469, n. 469.
Accessaries, iv, 35, 37, n.

after the fact, iv, 37, 38, n., 39, n.
before the fact, iv, 36, 39, n.

could not be tried until after the principal, why, iv, 40, n.

may be tried now without the principal, iv, 324, n.

when to be tried, iv, 323. Accession, property by, ii, 404.

Accidents, where relieved against, iii, 431. Accomplices, discovery of, iv, 330, 331. testimony of, iv, 331, n.

Accord, iii, 15.

and satisfaction, consideration necessary for, iii, 16, n.

Account, cognizable in equity, iii, 426, n., 437. writ of, iii, 437.

Account-books, when evidence, iii, 368.

18.

Accretion, ii, 262, n.
Accused, protection to, i, 133, n.
Ac etiam, iii, 288, app.
Act of bankruptcy, ii, 477.
grace, how passed, i, 184.
when pleaded, iv, 396.
parliament, i, 85.

disobedience to, iv, 122.
how made, i, 181.

its ancient form, i, 182.
power, i, 186.

private, i, 86; ii, 344.

public, i, 85.

when binding on the crown, i, 261. Action at law, iii, 116.

ii, 171, n.

Additions, i, 407; iii, 302; iv, 306, 334.
Adherence to the king's enemies, iv, 82.
Adjoining county, trial in, iii, 383.
Adjournment of congress, i, 186, n.
parliament, i, 186, n.

Admeasurement of dower, ii, 136; iii, 183.
pasture, iii, 238.
Administration, ii, 489.

cum testamento annexo, ii, 504.
de bonis non, ii, 506.
durante absentia, ii, 503.
durante minore aetate, ii, 503.
limited, or special, ii, 506.
Administrator, ii, 504; iv, 428.
Admiralty causes, iii, 106.
court of, iii, 69; iv, 268.

jurisdiction, i, 264, n.; ii, 401, n.; iii, 68,

106, n.

jurisdiction of English courts, iii, 108, n. of the U. S. courts, i, 110, n.; iii, 107, n.

Admission of a clerk, i, 390. Admissions in evidence, iii, 368, n. Admittance to copyholds, ii, 370.

under English decisions, ii, 370–372, n. Admittendum clericum, writ ad, iii, 250. Ad quod damnum, writ of, ii, 271. Advertising for stolen goods, iv, 134. Adultery, i, 441; iii, 139; iv, 65, 191.

what constitutes in England and in the U. S., iii, 140, n.

Advancements, ii, 519, n.

Adverse possession, ii, 194, 196, 198, n.; iii, 189, n.

Advice to lawyers, i, 37, n.
Advocate, iii, 26.

Advocatus fisci, iii, 27.
Advowson, ii, 21; iv, 426.

appendant and in gross, ii, 22, n. cannot exist in the U. S., ii, 24, n. how passed, in England, ii, 22, n. Aequitas sequitur legem, ii, 330; iii, 441. Affectum, challenge propter, iii, 363; iv, 352. Affeerors of amercements, iv, 379. Affidavit, in general, iii, 304. Affinity, i, 434, 435, n.

Affirmance of judgments, iii, 411.
Affrays, iv, 145, n.

Age, action suspended by, iii, 300.

of consent to marriage, i. 436.

persons, how reckoned, i, 463; iv, 22.

Agency, general and special, i, 430, n.; iii,

158, n.

Aggregate corporation, i, 469.

fund, i, 331.

Agistment, ii, 452.

Agistor, how his lien is enforced, ii, 452, n.

how liable, ii, 452, n.

Agnati, ii, 235.

Agnus Dei, etc., iv, 115.
Agriculture, its original, 7.
Aid-prayer, iii, 300.

Aiding in any theft is felony, iv, 132, n.

Aids, feodal, ii, 63, 86; iv, 418, 419. parliamentary, i, 308.

Air, right to, ii, 14.

Albinatus jus, i, 372, 373.
Alderman, i, 116.

Alderney, island of, i, 106.

Alehouses, iv, 64, 167.

Alfred, his dome-book, i, 64; iv, 411.

Alias writ, iii, 283, app. 15; iv, 319.
Alienation, ii, 287.

fine for, ii, 71; iv, 113.

forfeiture by, ii, 268.

of affections of husband or wife, action

Aliens, treaties of 1794 and 1850, ii, 249, n. Alimony, i, 441; iii, 94. definition of, iii, 94, n. in the U. S., i, 441, n. Allegation, iii, 100. Allegiance, i, 366; iv, 74. local, i, 370. natural, i, 369. oath of, i, 367; iv, 274. refusing it, iv, 116.

withdrawing from, iv, 87. to de facto officers, iv, 77, n. Allodial property, ii, 47, 60. Allodium, ii, 105, 46, n. Allowance of franchise, iii, 263. of pardons, iv, 401, 402. writs of error, iv, 392. to bankrupts, ii, 483. Alluvion, ii, 261, 262, n. in the U. S., ii, 262, n. Almanac, its authority, iii, 333. Alteration of deeds, ii, 308, n. Ambassadors and consuls, protection afforded them, i, 257, n.

and ministers, protection afforded them in U. S., i, 257, n.

their servants, iv, 70, n.

Amended bill in equity, iii, 448.
Amendments at law, iii, 407; iv, 439.

of the record, iii, 408, n.

to constitutions in the United States, i,

162, n.

judgments in criminal trials, iv, 376, n. pleadings under act, 1852, in England, iii, 373, n.

Amercement, ii, app. 19, iii, 376, app. 5, 6. action for, iii, 159.

American colonies, i, 108.
Ancestors, ii, 209.

how numerous, ii, 203.

what necessary for inheritance, ii, 220, n. Ancestral actions, iii, 186.

Ancient demesne, i, 286; ii, 99.

tenants in, ii, 101, n.

lights, doctrine of, in England, ii, 402, n.

Animals, larceny of, iv, 235.

property in, ii, 5.

Animus furandi, iv, 230, 232.

revertendi, ii, 392.

Anne Boleyn, i, 222, n.

Annual parliaments, i, 153.

Annuities, ii, 40.

are real estate, how far, ii, 40, n.

for lives, ii, 461.

not within the statute de donis, ii, 113, n. Annulum et baculum, investiture per, i, 378. Annus luctus, i, 456.

Answer in chancery, iii, 446.
upon oath, iii, 100.
Apostacy, iv, 43.

Apparel, excess in, iv, 171.
Apparent, heir, ii, 208.

right of possession, ii, 196.

Appeal as a criminal action, iv, 317, n. by approvers, iv, 330.

wife or child, iii, 143, n.

how differing from writ of error, iii, 455. of arson, iv, 314.

death, iv, 314, 424.