of information has been too much neglected by the English antiquaries and lawyers. Filled with admiration of that happy constitution now established in Great Britain, they have been more attentive to its forms and principles, than to the condition and ideas of remote times, which in almost every particular differ from the present. While engaged in perusing the laws, charters, and early historians of the continental kingdoms, I have often been led to think that an attempt to illustrate the progress of English jurisprudence and policy, by a comparison with those of other kingdoms in a similar situation, would be of great utility, and might throw much light on some points which are now obscure, and decide others, which have been long controverted.

INDEX

TO THE

FIRST VOLUME.

A

AFRICA, the shocking devastations made there by the Vandals,

232.

Alanus, his character of the clergy in his time, 272.

Alfred the Great, his complaint of the ignorance of the clergy,

272.

Allodial, possession of land, explained, 250. How such possession
became subject to military service, ib. Distinguished from be-
neficiary tenures, 251. How converted into feudal tenures, 259.
Allodium, the etymology of that word, 263.

Ammianus, his character of the Huns, 235. 241.

Amurath, Sultan, the body of Janizaries formed by him, 220.
Anathema, form of that denounced against robbers during the
middle
ages, 389.

Arabia, the ancient Greek philosophy cultivated there, while lost
in Europe, 378, Note. xxviii. The progress of philosophy from
thence to Europe, 380.

Aragon, rise of the kingdom of, 171. Its union with Castile, ib.
The constitution and form of its government, 176.
The privi-
leges of its Cortes, ib. Office and jurisdiction of the Justiza,
177. The regal power very confined, 179. Form of the alle-
giance sworn to the Kings of, ib. The power of the nobility
to controul the regal power, 407. Their privilege of union ta-
ken away by Peter IV. ib. The establishment of the inquisition
opposed there, 411.

Armies, standing, the rise of, traced, 109. By what means they
became more general in Europe, 131.

Arms, the profession of, the most honourable in uncivilized ṇa-
tions, 78.

Ass, an account of the ancient Romish feast of, 277.

Assemblies, legislative, how formed, 42.

-general, of France, their power under the first race of
Kings, 192. Under the second and third, 193. At what period
they lost their legislative authority, 194.

Attila, King of the Huns, account of his reception of the Roman
ambassadors, 229, Note iii. Some account of his conquests,

236.

Avila, an assembly of Castilian nobles there, solemnly try and de-
pose Henry IV. their king, 175.

Austria, the house of, by whom founded, 206.

B

Baillis, in the old French law, their office explained, 363.
Balance of power, the first rise of, in Europe, 130. The progress
of, 131.

Baltic, the first source of wealth, to the towns situated on that sea,
396.

Barcelona, its trade, riches, and privileges at the close of the fif-
teenth century, 415.
Barons, their independence, and mutual hostilities, under the feu-
dal system, 19. How affected by the enfranchisement of cities,
40. Acquire a participation in legislative government, 42.
Their private wars for redress of personal injuries, 51. Me-
thods employed to abolish these contentions, 52. Origin of
their supreme and independent jurisdiction, 66. The bad ef-
fects resulting from these privileges, 68. The steps taken by
princes to reduce their courts, 69. How obliged to relinquish
their judicial prerogatives, 79. Of Italy, subjected to municipal
laws, 388, Note xv. Their right of territorial jurisdiction ex-
plained, 354. Their emoluments from causes decided in their
courts, 357.

Benefices, under the feudal system, a history of, 254. When they
became hereditary, 257.

Books, an enquiry into the materials of the ancient ones, 273.
The loss of old manuscripts accounted for, ib. The great prices
they sold for in ancient times, 274.

Boroughs, representatives of, how introduced into national coun-
cils, 43.

Britons, ancient, their distress and dejection when deserted by
the Romans, and harassed by the Picts and Caledonians, 227.
Note i.

Brotherhood of God, an account of that association for extinguish-
ing private wars, 330.

Bruges how it became the chief mart for Italian commodities du-
ring the middle
ages, 395.

Burgundy, Mary, heiress of, the importance with which her choice
in a husband was considered by all Europe, 122. The treache-
rous views of Louis XI. of France towards her, 124. Is mar-
ried to the archduke Maximilian, 125 The influence of this
match on the state of Europe, ib,

C

Casar, his account of the ancient Germans, compared with that of
Tacitus, 247.

Calatrava, military order of, in Spain, zealous to employ their
prowess in defence of the honours of the Virgin Mary, 417.
The vow used by these knights, ib.

Cambray, treaty of, its object, 137. The confederacy dissolved,

139.

Canon Law, an inquiry into, 72. Progress of ecclesiastical usur-
pations, 73. The maxims of, more equitable than the civil
courts of the middle ages, 74.

Castile, rise of the kingdom of, 171. Its union with Aragon, ib.
Its king Henry IV. solemnly tried and deposed in an assembly
of the nobles, 175. The constitution and government of that
kingdom, 180. A history of the Cortes of, and its privileges,
ib. The kingdom originally elective, 411, Note xxxiii.
Catalonia, the spirited behaviour of the people there in defence of
their rights, against their king, John II. of Aragon, 174.
Censuales, a species of the Oblati, or voluntary slaves, the obliga-
tions they entered into, described, 318.

Centenarii, or inferior judges in the middle ages, the extraordinary
oath required from them, 389.

Champs de Mars, and de Mai, account of those assemblies of the
ancient Gauls, 423.

Charlemagne, his law to prevent private wars for redress of personal
injuries, 52. 326. State of Germany under his descendants, 202.
Charles IV. Emperor, dissipates the Imperial domains, 446.

V. Emperor, an emulator of the heroic conduct of his ri-
val, Francis I. 83. His future grandeur founded on the mar-
riage of the Archduke Maximilian with the heiress of Burgundy,
125.

VII. of France, the first who introduced standing armies
in Europe, 109. His successful extension of the regal preroga-
tive, 112.

VIII. of France, his character, 126. How induced to in-
vade Italy, ib. His resources and preparations for this enter-
prize, 127. His rapid success, 128. A combination of the
Italian states formed against him, 130. Is forced to return back
to France, ib. The distressed state of his revenues by this ex-
pedition, 136.

Charlevoix, his account of the North American Indians, made use

of in a comparison between' them and the ancient Germans, 250.
Charters, of immunity or franchise, an enquiry into the nature of
those granted by the barons of France to the towns under their
jurisdictions, 294, Note xvi. Of communities, granted by the
kings of France, how they tended to establish regular govern
ment, 38, 295.

Chivalry, the origin of, 80. Its beneficial effects on human man-
ners, 81. The enthusiasm of, distinguished from its salutary
consequences, 83.

Christianity, corrupted when first brought into Europe, 86. Its
influence in freeing mankind from the bondage of the feudal
policy, 314, Note xx.

feudal policy, 35. The
Charters of community,

Circles of Germany, the occasion of their being formed, 209.
Cities, the ancient states of, under the
freedom of, where first established, 36.
why granted in France by Louis le Gros, 38. Obtain the like
all over Europe, 39. Acquire political consideration, 45.
Clergy, the progress of their usurpations, 73. Their plan of juris-
prudence more perfect than that of the civil courts in the middle
ages, 74.
The great ignorance of, in the early feudal times of

Europe, 272.

Cleriza, slave to Willa, widow of duke Hugo, extract from the
charter of manumission, granted to her, 315.

Clermont, council of, resolves on the holy war, 27. See Peter the
Hermit, and Crusades.

Clotaire I. instance of the small authority he had over his army,

421.

Clotharius II. his account of the popular assemblies among the an-
cient Gauls, 423.

Clovis, the founder of the French monarchy, unable to retain a
sacred vase taken by his army, from being distributed by lot
among the rest of the plunder, 248, Note vii.

Colleges, the first establishment of, in Europe, 381.
Combat, judicial, the prohibition of, an improvement in the ad-
ministration of justice, 55. The foundation and universality of
this mode of trial, 61. The pernicious effects of, 62. Various
expedients for abolishing this practice, 63. The ancient Swe-
dish law of, for words of reproach, 342. Positive evidence, or
points of proof, rendered ineffectual by it, 346. This mode of
trial authorized by the ecclesiastics, 348. The last instances
of, in the histories of France and England, 349.
Commerce, the spirit of crusading how far favourable to, at that
early period, 33. The first establishment of free corporations,
37. Charters of community why granted by Louis le Gros, 38.
The like practice obtains all over Europe, 39. The salutary ef-
fects of these institutions, ib. The low state of, during the mid-
dle ages, 82. Causes contributing to its revival, 83. Promot-
ed by the Hanseatic league, 92. Is cultivated in the Nether-
lands, 93. Is introduced into England by Edward III. 94. The
beneficial consequences resulting from the revival of, ib. The
early cultivation of, in Italy, 390.

Common Law, the first compilation of, made in England by Lord
Chief Justice Glanville, 373.

Communities, see Charters, Cities, Commerce, and Corporations.