de iure and serfdom de facto, Covenant between lord and serf, The serf in relation to third persons, The serf’s property, Difficulties of relative serfdom, The serf in relation to the state, How men become serfs, Servile birth, Mixed marriages, Influence of the place of birth, Villeins by confession, Serfdom by prescription, How serfdom ceases, Manumission, The freedman, Modes of enfranchisement, Summary, Retrospect., Fusion of villeins and serfs, The levelling process, The number of serfs, Rise of villeins
§ 4. The Religious
Civil death, Growth of the idea of civil death, Difficulties arising from civil death, The monk as agent, The abbatial monarchy, Return to civil life, Civil death as a development of the abbot’s mund
§ 5. The Clergy
Legal position of the ordained clerk, The clerk under temporal law, Exceptional rules applied to the clerk, Benefit of clergy, Trial in the courts of the church, Punishment of felonious clerks, What persons entitled to the privilege, What offences within the privilege, The Constitutions of Clarendon, Henry II.’s scheme, Henry’s scheme and past history, Henry’s allegations, Earlier law: the Conqueror’s ordinance, The Leges Henrici, Precedents for the trial of clerks, Summary, Henry’s scheme and the Canon law, The murderers of clerks
§ 6. Aliens
The classical common law, Who are aliens?, Disabilities of the alien, Naturalization, Law of earlier times, Growth of the law disabling aliens, The king and the alien, The kinds of aliens, The alien merchants, The alien and the common law, Has the merchant a peculiar status?, The law merchant
§ 7. The Jews
General idea of the Jew’s position, The exchequer of the Jews, Relation of the Jew to the king, Relation of the Jew to the world at large, Law between Jew and Jew, Influence of the Jew upon English law
§ 8. Outlaws and Convicted Felons
Outlawry, Condition of the outlaw
§ 9. Excommunicates
Excommunication, Spiritual leprosy, Excommunication and civil rights
§ 10. Lepers, Lunatics and Idiots
The leper, The idiot, The lunatic
§ 11. Women
Legal position of women, Women in private law, Women in public law, Married women
§ 12. Corporations and Churches
The corporation, Beginnings of corporateness, Personality of the corporation, The anthropomorphic picture of a corporation, Is the personality fictitious?, The corporation at the end of the middle ages, The corporation and its head, The corporation in earlier times, Gradual appearance of the group-person, The law of Bracton’s time, The universitas and the communitas, Bracton and the universitas, No law as to corporations in general
Church lands, The owned church, The saints as persons, The saint’s administrators, Saints and churches in Domesday Book, The church as person, The church as universitas and persona ficta, The temporal courts and the churches, The parish church, The abbatial church, The episcopal church, Disintegration of the ecclesiastical groups, Communal groups of secular clerks, Internal affairs of clerical groups, The power of majorities, The ecclesiastical and the temporal communities, The boroughs and other land communities
§ 13. The King and the Crown
Is there a crown?, Theories as to the king’s two bodies, Personification of the kingship not necessary, The king’s rights as intensified private rights, The king and other lords, The kingship as property, The king’s rights can be exercised by him, The king can do wrong but no action lies against him, King’s land and crown land, Slow growth of a law of “capacities,”, No lay corporations sole, Is the kingdom alienable?, The king can die, The king can be under age, Germs of a doctrine of “capacities,”, Personification of the crown, Retrospect
CHAPTER III. Jurisdiction and the Communities of the Land
Place of the law of jurisdiction in the medieval scheme, All temporal jurisdiction proceeds from the king, The scheme of courts, Division of the land, The county court, The hundred court, The sheriff’s turn, Seignorial courts, Feudal courts, Franchise courts, Leets, Borough courts, The king’s courts
§ 1. The County
The county, The county officers, The county community, The county court, Identity of county and county court, Constitution of the county court, Suit of court no right, but a burden, Suit of court is laborious, Sessions of the court, Full courts and intermediate courts, The suitors, Suit is a “real” burden, “Reality” of suit, The vill as a suit-owing unit, Inconsistent theories of suit, The court in its fullest form, The communal courts in earlier times, Struggle between various principles, Suit by attorney, Representative character of the county court, The suitors as doomsmen, A session of the county court, The suitors and the dooms, Powers of a majority, The buzones, Business of the court, Outlawry in the county court, Governmental functions, Place of session
§ 2. The Hundred
The hundred as a district, The hundred court, Hundreds in the king’s hands, Hundreds in private hands, Duties of the hundred, The sheriff’s turn
§ 3. The Vill and the Township
England mapped out into vills, Vill and parish, Discrete vills, Hamlets, Vill and village, Vill and township, Ancient duties of the township, Statutory duties, Contribution of township to general fines, Exactions from townships, Miscellaneous offences of the township, Organization of the township
§ 4. The Tithing
Frankpledge, The system in the thirteenth century, Township and tithing, The view of frankpledge, Attendance at the view, Constitution of tithings
§ 5. Seignorial Jurisdiction
Regalities and feudal rights, Acquisition of regalities, Theories of royal lawyers, Various kinds of franchises, Fiscal immunities, Immunities from personal service, Immunities from forest law, Fiscal powers, Jurisdictional powers, Contrast between powers and immunities, Sake, soke, toll and team, Sake and soke in the thirteenth century, View of frankpledge, The leet, The vill and the view, The assize of bread and beer, High justice, High franchises claimed by prescription, The properly feudal jurisdiction, The feudal court is usually a manorial court, Jurisdiction of the feudal court, Civil litigation: personal actions, Actions for freehold land, Actions for villein land, Litigation between lord and man, Presentments, Governmental powers and by-laws, Appellate jurisdiction, Constitution of the feudal court, The president, The suitors
§ 6. The Manor
The manor, “Manor” not a technical term, Indefiniteness of the term, A typical manor, The manor house, Occupation of the manor house, Demesne land, The freehold tenants, The tenants in villeinage, The manorial court, Size of the manor, Administrative unity of the manor, Summary
§ 7. The Manor and the Township
Coincidence of manor and vill, Coincidence assumed as normal, Coincidence not always found, Non-manorial vills, Manors and sub-manors, The affairs of the
