of intestacy, Bracton on intestacy, Stories of intestacy, Desperation in Normandy, The bishop and the kinsfolk, Intestate succession, The administrator, The next of kin, Letters of administration, Separation of chattels from land, Heirlooms, Reviews
Chapter VII. Family Law
§ 1. Marriage
Antiquities, The act of marriage, Growth of ecclesiastical jurisdiction, Victory of the church courts, Canonical doctrine of marriage, No ceremony requisite, Application of canon law in England, The Queen v. Millis, Law of the English church courts, The temporal law and marriage, Marriage and dower, Marriage and inheritance, Putative marriages, Recognition of de facto marriages, The marital possessorium, Reluctance to bastardize the dead, Possessory marriage in the temporal courts, Solemnization and possessory protection, Unprovable marriages
The idea of marriage, Impediments to marriage
Consanguinity, Prohibited degrees, Affinity, Marriage of infants, Age of the parties, Marriage of young children
Divorce and nullity, Divorce from bed and board, Divorce and temporal law, A wife conveyed
Bastardy, Mantle children, Presumptive paternity
§ 2 Husband and Wife
Variety in the law of husband and wife, Community of goods, No community in England, English peculiarities, Community and equality
Final form of the common law, (1) Wife’s land, (2) Husband’s land, (3) Wife’s chattels, (4) Husband’s chattels, (5) Husband’s liability, (6) Wife’s contracts
Law in the thirteenth century; its general idea, Divorce of realty from personalty
The wife’s land, Husband and wife in court, Husband’s rights in wife’s land, Alienation of wife’s land, The wife’s fine, The husband as guardian, Tenancy by the curtesy, Tenancy per legem Angliae, The law of England a courteous law, The widower’s free-bench, Feudalism and curtesy
Dower, The maximum dower, Assignment of dower, Wife’s rights during marriage, Alienation by husband, The husband in litigation, Dower as a gift, Dower and the church, 4, The villein’s widow
Chattels of husband and wife, Germs of a community, Husband’s death, Wife’s death, Wife’s testament, The husband’s intestacy, Rejection of community, English law and separation of goods
Payments to husband and wife, Conveyances to husband and wife, The wife’s contracts, The influence of seisin, The personal relationship, Civil death of husband
§ 3. Infancy and Guardianship
Paternal power in ancient times, The tutelage of women, Paternal power in the thirteenth century, Infancy and majority, Proprietary rights of infants, Infants in seisin, Infants as plaintiffs, Infants as defendants, Demurrer of the parol, Law of guardianship, The guardian no curator, The king’s guardianship
Review of English private law
Chapter VIII. Crime and Tort
§ 1. The Ancient Law
Crime and wrong in old law, Outlawry in old law, Blood-feud, The system of wíte and bót, True punishment, Kinds of punishment, Crime and revenue, Cnut’s pleas of the crown, Pleas of the crown in Domesday Book, Norman pleas of the sword, Pleas of the crown in the Norman age, Crime and punishment in Domesday Book, Criminal law in the Leges, Changes in the twelfth century, Disappearance of wíte and bót, Oppressive character of the old system, Arbitrary element in the old system
§ 2. Felony and Treason
Causes of the change, The king’s peace, Felony, Import of felony, Premeditated assault, Malice aforethought, The group of felonies
Culpability in ancient law, Causation in ancient law, Absolute liability for harm done, Liability for the acts of slaves and beasts, The deodand, Restriction of culpability, Mens rea, Roman influence
The felonies, Homicide, Justifiable homicide, Misadventure and self-defence, Pardons for excusable homicide, Practice in cases of excusable homicide, Liability and misadventure, The pardon and the offended kin, History of misadventure, Homicide by young children, Limits of misadventure and self-defence, Homicide unemendable, Murder, The murder fine, Suicide
Wounding etc., Rape, Arson, Burglar y, Robbery, Larceny, Manifest theft, Petty larceny, Definition of larceny
Treason contrasted with felony, Treason and the statute of 1352, Early history of treason, Elements of treason, Treason by levying war, Compass of treason in the thirteenth century .
Accessories before the fact, Accessories after the fact, Review of the felonies
§ 3. The Trespasses
Classification of offences, Trespass in the wide sense, Minor punishments, Amercements, Imprisonment, Fines, Other minor punishments
Procedure against minor offences, Civil actions, Presentments in local courts, Presentments in the eyre, Misdemeanours
Penal damages, Novelty of actions for damages, Damages and specific relief, Growth of actions for damages, The days before damages, Actions of trespass, Limits of trespass, Master’s liability, Recent history of master’s liability, Liability of slave-owner and house-father in old law, House-father’s liability in Bracton’s day, Tort, crime and master’s liability, Identification of master and servant, Respondeat superior, Damage and injury, Deceit, Fraud as a defence, Defamation, Wrongful prosecution, Forgery, Perjury
§ 4. Ecclesiastical Offences
The sexual sins, Heresy, Heresy on the Continent, England and continental heresy, Heresy in England, Heresy in the text-books, Later cases of heresy, Was heresy criminal?, The writ for burning heretics, Sorcery, History of sorcery, Sorcery in the text-books, Cases of sorcery, Sorcery in later times, Unnatural crime
Inefficiency of the criminal law
Chapter IX. Procedure
§ 1. The Forms of Action
Our formulary system, An English peculiarity, Growth of the forms, The formulary system not of Roman origin, Roman and English formulas, Life of the forms, Choice between the forms, Little law for actions in general, Modern and medieval procedure, Formalism and liberty, The golden age of the forms, Number of the forms, Statistics, Differences between the forms, Classification of the forms, Affinities between the forms, Attempts to apply the Roman classification, Roman and English lines, Civil and criminal procedure
§ 2. Self-help
Self-help in medieval law, Distress, Distress for rent, Replevin, Distress and seisin
§ 3. Process
Process, Summary justice, The hand-having thief, Summary justice in the king’s court, Summary justice and outlawry, Outlawry as process, Arrest, Summary arrest, Arrest after accusation, Mainprise, Replevisable prisoners, The king’s court and arrest, Royal control over justice, The
