tempt to exculpate him, id.; receives no assistance from his
army, 431.
JOHN, King, his despotic reign, 19; abandoned by all his people,
id.; signs Magna Charta, 20.
JUDGES, appointed to go circuits by Henry II., 19; number of,
their salaries and commissions, 136; parliament can only de-
termine upon their good behaviour, id.; their duties and
powers, 148, et seq.; when they enter upon their functions as
judges in criminal cases, 210; not to judge at discretion, must
strictly adhere to the letter of the law, id.; no constructive
extension admitted, id.; cannot change either the plan or the
punishment ordered by law, 212; their independence, 403;
their conduct when dependent upon the crown, 136; examples
made of corrupt judges, 374.
JUDGMENT AND EXECUTION, act for the more speedy judg-
ment and execution in actions, and for amending the law as to
a judgment on a cognovit actionem in bankruptcy cases, 151.
JUDGMENTS upon trials for felonies and misdemeanours, when
to be pronounced, 149.
JUDICIAL COMMITTEE of the Privy Council, a court of appeal
to re-investigate the merits of cases, 135. See PRIVY COUNCIL.
JUDICIAL POWER, one of the two powers of the state is domes-
tic tranquillity, 190; how obtained, id.; the necessary pre-
cautions in establishing it, 191, et. seq.; an indispensable pre-
caution that it be not vested in the legislative body, 195; incon-
veniences that must ensue in consequence, 196; necessity that
it absolutely reside in a subordinate and dependent body, 196;
construction of that dependence, id.; composition of that body,
id.; number of such bodies necessary in a state where the sove-
reign is absolute master, id.; where in a limited monarchy,
197; happy nature of in England, 213; being in the hands of
nobody, 214; its consequence, id.; its advantage and ingenuity,
id.; vested in the people, 406.
JURISDICTION of Court of Chancery, 169. See CHANCERY,
COURTS OF.
JURIES, their functions, 207, 209; their verdict in criminal cases,
unless special, must be guilty or not guilty, 207; a fundamental
maxim that they must be unanimous, id.; opinion of the judge
has no weight but such as they choose to give it, id.; statute to
remove doubts respecting their functions, id.; this only applies
to criminal cases, id.; decision upon, 208; Coke upon their
duties when they doubt of the law, id.; uncontrollable in their
verdict, id.; principle to be observed by a juror in delivering
his opinion, 209; Chief Justice Hale upon this subject, id.; the
tales explained, 204; right of their being challenged, 203, 213;
effect of their recommendation to mercy, 215; statute re-
gulating the law and practice of, 231, see 203; qualifications of
jurors in England, id.; in Wales, id.; in the city of London,
id.; exemptions from serving upon, id.; juror's book, what it
contains, 232; any restrictions placed upon their power, con-
sequence of, 451. See FELONY.
JURY, trial by, revived by Henry II., 18; great advantages of,
124, 212, 213; how strictly preserved in England, 364, 365;
its influence upon the crown, 403.
JURY, special, 158.
−, grand, 202, 214.
petty, 214.
to try an alien, 204.
JUSTICE, administration of, 137; how administered previous to
the Conquest, 138; acts for the better administration of, 148,
155; its great impartiality, 375. See CRIMINAL JUSTICE, COURTS
of Common Law, Chancery, EQUITY.
JUSTINIAN quoted, 56, 127.
KING, the, his title to the throne, 49; he never dies; why
this maxim, id.; the idea the English have placed upon the
the word, 57; his constitutional prerogatives, 87, 88, 89; their
boundaries, 91, 99; he only can convoke a parliament, 80,
105; a check upon the other estates, 82; his duty at the end
of every session, 84; his vast powers, 90, 379; his weakness,
91; is totally dependent upon the people for his supplies, 90,
92; can do no wrong, 89; its meaning explained, id.; the re-
lation of a new sovereign to the people, 100, 101; necessity for
his inviolability, id.; must assemble parliament at least once in
three years, 105; cannot abridge the term once fixed for
pro-
rogation, except by proclamation, 105; may dissolve it by pro-
clamation, id.; time and place of meeting at his disposal, id.;
cannot alter the established religion, id.; is head of the
church, id.; cannot interfere with religious opinions of the
people, id.; cannot profess the religion forbidden by the legis-
lature, 106; penalty on doing so, 106; is the first magistrate,
id.; cannot alter the laws, id.; nor influence causes between
subject and subject, id.; must lend his name for the people to
obtain redress of wrongs, id.; has the privilege of coining, id.;
the power of pardoning offenders, id.; exceptions, id.; he has
the military power, 107; has no power over the judicial magis-
tracy, 105; he commands the army, 108; he cannot be ar-
raigned before judges, 110; cannot act without ministers, id.;
when he may pardon an impeached convict, 116; can neither
stay or suspend the course of an impeachment, 117; cannot take
any property from his subjects, 123; his councils, 184; his
greatness, 234, 239; his person is sacred, 240; consequences
of any attempts against it, id.; considerations upon his power,
259; unites in himself the whole public power and majesty,
263; when he can only assent or dissent, 264; the sole and
indivisible seat of all the executive and active powers in the
state, 311, 464; not indebted to the army for preservation of
his authority, 381; his being a minor, its effect upon the exer-
cise of the royal authority, 381; last bill rejected by, 392; his
power in dissolving the parliament, 398; peculiar stability of
his authority, 401; which operates to the advantage of the
people, 411; advantages that may be taken of his minority
or inexperience, 452; examples, id., 456; his exclusive power,
455; personal disadvantages under which he may lie for de-
fending his authority, 454; his acts considered as the deeds of
his ministers, 468; the tenure by which he holds the crown,
see CROWN; his oath, 47, 120, 377; his revenue, 93. See
CROWN.
KING'S BENCH, Court of, 133, 154. See COURTS OF COMMON
LAW.
LACEDÆMON, people of, 293, 302.
LAND forces, 107, 108. See ARMY.
LAND, descent of, 129. See DESCENT.
LANGUAGE used in the supreme courts, and at court, immediately
after the Conquest, 8; attempts of the conqueror to abolish
the English language, id.
LARCENY, what it is, 224; act relating to. See CRIMINAL JUS-
LAW, the common or unwritten law described, 128, 129; principle
objects settled by the common law, 129, 130; the civil law and
written law described, 130; the particular customs it compre-
hends, 131; report of the real property commissioners thereon,
id.; statute law shewn, 137, et seq; its irresistible power, 124;
the law in civil matters, id.; its antiquity, 127; English
lawyers attribute the liberty they enjoy to their having rejected
the Roman laws, id.; reason for this, id.; observations upon
the changes made in, 165; execution of, compared with other
free states, 165; its greatness and uninterrupted prevalence in
England 416; see COURTS OF COMMON LAW, CRIMINAL JUS-
TICE; why the powerful men of the nation are compelled to
wish for, and to observe equitable laws, 311.
LAW TERMS, 149.
LEGISLATURE, its power, 57; its beauty, 81, 299; general pre-
cautions to secure its rights against the effects of the execu-
tive, 117; its division, 251, 252, 254; necessity for restraining
its power, id.; the advantages of opposition in it, 253, 470; how
respect is ensured to its resolutions, 254; how its component
parts are balanced, 256; goodness of the principles on which
it is formed, id., 442; it has the exclusive direction of the
springs of government, 273, 274; the effect of the co-existence
of the two houses, 388; their conduct when the crown was
vacant, id.; compared with other nations, 389. See COMMONS,
HOUSE OF; LORDS, HOUSE OF-PARLIAMENT.
LEICESTER, Earl of, called deputies to parliament, 23.
LETTER MISSIVE, 175.
LEX AURELIA the, 361.
CALPURNIA de repetundis, 360.
CORNELIA, 361.
JUNIA, 360.
LIVIA, 361.
· PORCIA, 232, 358, 359.
PLANTIA, 361.
SEMPRONIA, 359, 361.
TERENTELLA, 344.
LIBEL, law of, 119, 207, 329, et seq. See NAPOLEON BUONA-
PARTE, COMMOns, Liberty of the PRESS.
LIBERTY, causes of in the English nation, 1; reality of those
causes 22; how it grew there, 10; how it perished in France,
11; origin of English liberty, and its establishment, 28; the
engine that protects Magna Charta, id.; the sort of, to be en-
joyed by the people to make a state powerful, 30; it received
its most efficacious support in England under Charles II. 45;
what real liberty the English people possess, id.; proof of the
efficacy of the causes that produce English liberty, 75; of
thinking, in religious matters, to what it is owing, 126, 239,
379; surrender of, to obtain justice, 190; the essential for
its enjoyment, 198; private, natural, civil, and political, de-
fined, 122, 123, 131, 265, et seq. 278; its progress in England,
250, 251, true practical, 283; true political, 288; English
liberty, how made the common cause of all, 310; what it is
the result of, 384; essential branches of, and how allowed,
402; of the person, 403; effects of a standing army upon, 417;
of the subject supposed to be unbounded, 421; the safeguard
of English liberty, 462.
LIBERTY, private, 122,
of the press. See PRESS.
LIMITATIONS, to personal actions, and actions on simple con-
tract; statutes of, 162, 163, decisions upon, id.; to actions and
suits relating to real property, 156. See APPENDIX, Nos. I. & X.
LIVINGSTONE'S Digest of the Laws in the State of Louisiana
quoted, 226.
LIVY quoted, 232, 295, 341, 342, 344, 346, 347, 348, 357, 358,
398.
LOCAL courts, 138, et seq.; actions, 158.
LOCKE'S theory of the supreme power of the people, should the
legislature abuse its trust; observations upon its impossibility in
practice, 85, 86.
LONDON, city of, qualification of jurors in, 231.
LORDS, House of, how constituted, 76; its number, 77; spiritual
and temporal one joint estate, 78; majority in, who it will
bind, id.; the end mentioned in their summons, 26; its great
use explained, id.; consequences of its destruction, 79; ne-
cessary, to support the rights of the people against the other
estates, id.; expedience of their being an independent body,
id.; cannot introduce or alter a money bill, 82, 103; duties of,
82; their privileges upon bills affecting themselves, 83; ap-
peals in, see APPEALS; consequences of the advance of the people's
favourite into, 241, et seq; their inherent rights, as members of
the legislature, 255; may vote by proxy, 256; their privileges,
256, 372; which are no impediments in the way of justice to
their fellow subjects, 372; their conduct compared with the nobles
of other states, id.; their spirit of equity, 373; their incorrupt-
|