Things
Incorporeal things, Their thinglikeness, The seignory as a thing, Rights of lord against tenant, Contract and thing, Rights of lord against the world, Seisin of services, Conveyance of seignory, Rents as things, Various kinds of rents, Non-tenurial rents, Rents charge as things, Rents owed by land, The rent-owner and the world, Creation and transfer of rents, Annuities as things, Corodies as things, Offices as things, Advowsons as things, Actions for advowsons, Conveyance of advowsons, Seisin of advowsons, Rights of common as things, Possessory protection of rights of common, Law of prescription, Incorporeals acquired by prescription, Possessory protection of inchoate rights, Prescription for annuities, Prescription for franchises, Appurtenances and grosses, Easements and profits, Liberty and serfage as things, Marital rights and possession, Wardships as things, Landlikeness of the incorporeals
§ 7. Movable Goods
Ownership and possession of chattels, Obscurity of the subject, Chattel and cattle, Pecuniary character of chattels, Possession of chattels, Is there any ownership of movables?, Specific recovery of goods in England, Foreign law: Mobilia non habent sequelam, Explanations of this rule
The pursuit of thieves, The bailee pursues the thief, The bailor’s action against the bailee, Bracton’s actio furti, Procedure in the action, Scope of the action, Defences to the action, Defence of birth and rearing, Defence by voucher, Defence of honest purchase, Stolen goods recovered from the honest purchaser, Transformation of the action, Action of trespass de bonis asportatis, Scope of this action, No action of trespass against the third hand, Limitation of self-help .
The bailment, The bailee and the wrong-doer, Liability of bailees, The bailor and the third hand, Action of detinue, Scope of detinue, No real action for movables, Has the bailor property?, Evolution of ownership, Pecuniary character of chattels, Uncertainty of legal theory, Conveyance of movables, Real and personal property
Chapter V. Contract
Late development of a law of contract, The real and the formal contract, Fides facta: the formal contract, The hand-grasp, The church and the fides facta, Oath and faith, The written document as a form, English law in the twelfth century, Medieval Roman law, The canon law, Evolution of a law of contract on the Continent, Influence of Roman and canon law in England, English law in the thirteenth century
The pledge of faith, Fidei laesio and the church courts, Struggle between church and state, Pledged faith in ecclesiastical law, The king’s court and the pledge of faith
The action of debt, The recognizance, The action of debt in Glanvill, Rarity of actions of debt, Proprietary character of the action, Debt and sale, Earnest and God’s penny, Law of sale, Scope of the action of debt, Doctrine of quid pro quo, Gratuitous gifts and promises in early law, Proof of debts, Damages in debt, Limit to the action
The action of covenant, Covenants and leases, Scope of the action, Requirement of writing, Action of account, Covenants in the local courts, Sealed documents, History of documents, The single bond, Mercantile documents
Assignment of debts, Agency in contract, Agency and “uses,”, Chattels held to the use of another, Lands held to the use of another, The use of lands, Feudalism and contract
Note on the early history of the use
Chapter VI. Inheritance
§ 1. Antiquities
The history of the family: a controversial theme, The family as a unit, No clans in England, No permanent organization of the blood-feud group, That group not a permanent legal unit, The kindred as a local group, Landowning groups, The kindred no corporation
The household and landownership Forms of co-ownership Relative antiquity of co-ownership and ownership in severalty, Co-ownership and aliquot shares, Birth-rights, History of birth-rights, Birth-rights and inheritance, Inheritance older than birth-rights, Antiquity of inheritance, Family ownership in England, Birth-rights in England, The restraint of alienation, Partition of inheritances, Appointment of heirs, Restraint of alienation before the Conquest, Last words on family ownership
Nature of inheritance, Inheritance and representation of the dead, Representation in modern law, Representation in ancient times, Representation and religion, Inheritance of debts and credits, The inheritance need not descend in one mass, Transition to later law
§ 2. The Law of Descent
Primary rules, Preference of descendants, Preference of males, Influence of feudalism, Primogeniture, Primogeniture before the Conquest, Primogeniture in Normandy, In later Norman law, In English law of the Norman age, The Anglo-Norman Leges, Primogeniture under the Angevins, In Glanvill and Bracton, Partible lands, Gavelkind, Disgavelling, Spread of primogeniture, Inheritance by co-heiresses, Co-heirs and parage, The law of parage, The lord’s interest in primogeniture, Inheritance of villein lands, Ultimogeniture, Origin of ultimogeniture, Impartible peasant holdings, The peasant’s one child
Representation in inheritance, Influence of John’s accession, Casus Regis
The exclusion of ascendants, The rule about lord and heir, The question in Glanvill, Effect of homage on inheritance, Why may not the lord inherit?, The leaning towards equality, Exclusion of the lord and exclusion of ascendants, The ascendants in Scottish law
Inheritance among collaterals, The parentelic system, Rules for collaterals of the same parentela, Choice among ascending lines, Paterna paternis, materna maternis, Choice among admissible stocks, Worthiness of blood, The half-blood, Exclusion of the half-blood in modern law, Co-parcenery and partition, Limits of inheritance
Restraint of alienation in favour of expectant heirs, Glanvill’s rules, The heir’s consent to conveyances, Disappearance of the restraint, Causes of the change, Rebutting effect of a warranty, Suddenness of the change
§ 3. The Last Will
Germs of the last will, What is a will?, Ambulatory character of a will, Hereditative character of a will
The Anglo-Saxon cwiðe, The post obit gift, The post obit gift and the royal land-book, The death-bed distribution, The written cwiðe, The right to bequeath, Wills and death-bed gifts, Intestacy in Cnut’s day, The lord and the cwiðe
Norman law, The will under the Norman kings, Post obit gifts of chattels, Evolution of definite law
Feudalism and wills of land, Post obit gifts in the Norman age, Post obit gifts of land condemned, The law in Glanvill, Testamentary power abolished in the interest of the heir, Attempts to devise land, Devisable burgages, Probate of burgage wills, Devises of chattels real
The church and the testament, Progress of ecclesiastical claims, The church victorious, The lay courts and the last will, The will with executors, Origin of the executor, The executor in England and elsewhere, The medieval will, Its form, Its substance, The testator’s care for his soul, Usual clauses, Probate, Prerogative probate
Control over executors, The executor in temporal courts, Executor and heir in Glanvill, Executor and heir in Bracton, The collection of debts, The executor as personal representative
Limits of testamentary power, Legitim in the twelfth and thirteenth centuries, Legitim in Glanvill, Legitim in Bracton, Later history of legitim, The king’s court and legitim, The church courts and legitim, Legitim in wills, Review of the history of legitim
