act of parliament made in the third and fourth years of his late Majesty King William the Fourth, intituled "An Act for the limitation of actions and suits relating to real property, and for simplifying the remedies for trying the rights thereto," so far as the same relates to mortgages; and it is expedient that such doubts should be removed: Be it declared and enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That it shall and may be lawful for any person entitled to or claiming under any mortgage of land, being land within the definition contained in the first section of the said act, to make an entry or bring an action at law or suit in equity to recover such land at any time within twenty years next after the last payment of any part of the principal money or interest secured by such mortgage, although more than twenty years may have elapsed since the time at which the right to make such entry or bring such action or suit in equity shall have first accrued, any thing in the said act notwithstanding.
ADELAIDE, Queen Dowager of England; her settlement, 94.
ADMINISTRATION OF JUSTICE to individuals in the superior
courts of England and Wales. Statute regulating, 148. See
JUSTICE.
AMBASSADORS free from arrest, and the cause, 376.
AMERICA, United States of; observations upon
of, 282; upon the elective franchise in, id.
AMERICAN WAR, expense of, 94.
ANNE, Queen, her revenue, 97; her power, 397.
ANGLO-SAXON PRINCES, 2; lands how held under them, 4;
the three necessities, id.
APPEALS to the House of Lords, 183; Baron Gilbert's account
of them, id.; proceedings in, 184; standing order in, 188.
Statutes regulating, 186, 187, 189; from the East Indies, how
brought on, 188; from court of session in Scotland, how ad-
judged, 184; to the privy council, 185. Statute regulating, id.;
time for them, 187; powers of the judicial committee, 188;
from the Admiralty in privileged causes, how heard, 189.
ARBITRATION, rules regulating, 159.
ARISTOCRACY, necessity for giving a place to in every consti-
tution, 288; opinion of Napoleon Buonaparte upon not doing
so, id.
ARISTOTLE, his definition of equity, 166; how natural philosophy
was treated in his time, 451.
ARMY.-A standing army without the consent of parliament against
the law, 107; the king has the military power, but is not abso-
lute, id.; upon what it should depend, 109; how long established
for, id.; power of parliament over it, id.; its effective force, id.;
joined to the state only by a slippery thread, 110; sum appro-
priated for army services, id.; the crown derives no support
from it-observations upon, 381, 425 ; Dr.Adam Smith's opinion
upon the sovereign being supported by a standing army, 417;
observations upon its erroneous foundation, 418, 421; danger
of party spirit in, and the prevention of such danger, 419;
what is an English soldier, 420; the serious danger of being
without an armed force, id.; its singular subjection to the civil
power, 428, 429, 430; courts martial, and how they derive
their authority, 429. See CROWN AND MILITARY Power.
ARREST. See IMPRISONMENT.
ASSEMBLIES, popular; considerations upon those who compose
them, 272, 273; the disadvantages they lie under, id. ; the advan-
tages their leaders have over them, 274, 276; the great deference
they pay to their leaders, 293; observations upon, id.; Tully's
similies on this subject, 297; how they are sanctioned, 413.
ASSIZE OF ARMS, decree of, by Henry II. 19.
ASPORTAVIT, the, 227; cases upon, 228, 422. See ERRATA.
ATHENS, government of, 232, 286, 302; the Ostracism, 403.
AULA REGIS, establishment of, 9. See COURTS OF COMMON LAW.
AUSTRIA, crimes punished with death in, 233.
AXIOMS, political, 277, 289.
BANKRUPTCY amendment act, 151. See JUDGMENT AND EXE-
BARONS after the conquest entirely dependent upon the king, 9;
thence compelled to unite in common cause with the people, 14,
454; their declaration to Richard II. 125.
BARONIES established, 4; conferred by the Conqueror upon his
followers, id.; none of the native English admitted into the first
rank, id.; a few received into the second under grievous
servitude, id.
BARONIAL CASTLES demolished by Henry II. 18.
BARRINGTON quoted, 24, 128.
BECCARIA quoted, 211.
BELGIUM, capital punishments practically abolished in, 233.
BILL OF RIGHTS, 47, 48, 50, 102, 106, 107, 118, 121, 143,
354. See PETITION OF RIGHT.
BLACKSTONE, Sir William, quoted, on the word parliament, 25;
the origin of the House of Commons, id.; charters, 26; his grand
fundamental maxim on the right of succession to the throne,
49; description of the Commons, 58; qualification of members
of parliament, 74; the bishops, 77; lords spiritual and tem-
poral one estate, 78; the king's assent to bill of subsidies, 84;
omnipotence of parliament, 85; king can do no wrong, 89;
civil list, 95; treason laws, 101; impeachments, 115; trans-
portation, 128; jurisdiction of the court of King's Bench how
nearly ousted, 145; equity, 166; punishments, 212, 233;
juries, 215; præmunire, 221; criminal justice, 224; liberty of
the press, 328; the conduct of the people in their resistance to
Charles I. 337.
BOLINGBROKE, Lord, quoted, 54, 289.
BOROUGH ENGLISH tenure, 130.
BOROUGHS in England and Wales disfranchised and enfranchised
by the Reform Act, list of, 59, 60.
BRACTON quoted, 4, 9, 128.
BRITONS, ancient, 53.
BULLER, Mr. Justice, quoted, on punishments, 200.
BURGAGE tenure, 130.
BURKE quoted, 114.
BURLAMAQUI quoted, 122, 278.
BURNET, Bishop, quoted, 318, 386, 392.
CHANCELLOR, Lord High, president of the House of Lords, 81;
for what he has power to grant commissions, 159; presiding
judge of the Court of Chancery, 179; his office, rank, power,
and duties, 181, his oath of office, 182.
CHANCELLOR, Vice, 179; his office and duties, 183.
CHANCELLOR OF FRANCE; Domat's description of his office,
CHANCERY, Courts of, 169; prerogative of, id.; of what it is as-
sistant to, 170; the concurrent jurisdiction, 171; the exclusive
jurisdiction, id.; in what cases they have no restraining power,
172; injunctions, id.; practice of, 173, 177; new rules and
regulations, id.; proceedings where a peer or member of par-
liament is defendant, 175; where the Attorney General is de-
fendant, 176; and where a corporate body, id.; the extended
jurisdiction by statutes, id.; the present general jurisdiction,
177; masters in ordinary of, and their salaries, id., 178; sala-
ries of officers how paid, id.; general orders for the regulation
of the proceedings and practice of, by whom made, id.; the
power, 428, 429, 43 power, the revolution, and his fall, id.;
their authority, 42enue, 97; his long struggle against the
ARREST. See IMP religious spirit of his times, 425; cause of
ASSEMBLIES, and of the civil war, 428.
them, 272, sketch of his reign, 44; his revenue, 97; his
tages thered unconstitutional, 107; continued series of pre-
securing general liberty taken in his reign, 354;
with Sir John Coventry, 368.
MAGNA, signed, 20; when and how obtained, 333;
contents, 20, 21, 128, 132, 142, 364, 423; confirmed by all
succeeding monarchs, 21, 22; remarkable extensiveness and
impartiality of its provisions, 350; is still the foundation of
English liberty, id.; all the objects for which men naturally
wish to live in society settled in its articles, id.; its grand pro-
tection of the liberties of the people at large, 352.
CHARTER confirmationis of Edward I. 141; of Edward III. id. ;
of Henry III. 143.
CHARTER of the forest, 20.
CHARTER of Henry I. 17; condition annexed to it, id.
CHATEAUBRIAND, Viscount, quoted, 458.
CHILTERN HUNDREDS described, 387.
CHRISTIAN, Professor; his notes to Blackstone's Commenta-
ries quoted, on the word parliament, 25; its omnipotence, 85,
86; inviolability of the king, 89; his reply to Burke's opinion
upon evidence in impeachments, 114; political liberty, 123;
church and state must be kept united, 121.
CICERO quoted on discussing the privileges of the augurs, 295,
303; on establishing the tribunes, 343; on the corruption of
judges, 361; the social war, 362, 363; on the best constituted
form of government, 474.
CIVIL LAW, English, 125, 127, 129, 130, 208. See LAW. JUSTICE.
CIVIL POWER keeps the military power in subjection, 428. See
CIVIL LIST, 93, et seq.
CODE NAPOLEON, 164, 233.
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