Amercements, regulated by Great Charter, | Arminians, opponents of Puritans, ii. 254;
i. 389; by Statute of Westminster I., 406. America, growth of English political organiza- tion in, i. 15, 68, 77-79; colonization in, how affected by physiography, 15, 16; struggle for possession of, by European nations, 16; right of acquisition of, based on discovery, 16, 17, 19; colonization in, by English com- panies, 17 et seq.; land held under royal charters, 19 et seq.; first representative as- sembly held in Virginia, 21; proprietary colonies in, 24, 25; theory of colonial rights, 25, 26; the product of aggregation, 27, 28; township in the North and county in the South the active agents, 29; sur- vival of feudal principles in land law, 48; effect of increased population on the Eng- lish colonies, 53; expansion of, at the cost of France, 54, 55; independence of, 55, 56; vice-admiralty courts in, 551; English set- tlements in, ii. 233, 234; Plymouth colony, 279-281; Mayflower compact, 279; Puri- tan exodus to, 280; suffrage in New Eng- land, 280, 281; its executive modelled after George III., 504; preliminary treaty of peace with, concluded, 505; war with, in- creases the English national debt, 510. Anderson's Reports, quoted, ii. 264. Angles, Engles, mentioned by Tacitus, i. 115; their homeland, 115; whole tribe probably passed into Britain, 116; give their name to the land, 116; kingdoms of, 150. Anglicans, views, ii. 86; leaders, 86; contro- versy with the Lutherans, 86. Annates, their payment to the pope forbid- den, ii. 68, 72.
Anne of Cleves, her marriage with Henry VIII., ii. 94.
Anne, Queen, her claim to the throne set aside, ii. 422; presides at cabinet councils, 447; opposed to party government, 447; uses the veto power, 447; on the union of England and Scotland, 448; death, 449, 450.
Annual Parliament Bill. See Triennial Act. Anselm, his dispute with Henry I. on the subject of investiture, i. 347.
Appeal, of murder, i. 311; abolished, 311; ancient system of, 200; ecclesiastical sys- tem of, 341, 342; private accusations by, abolished, 442.
Appeal, court of, creation, ii. 590; an inter- mediate court, 591.
Appropriation Act, the annual, ii. 562.
Aquitaine, lost to England, i. 555.
Archbishop's writ, i. 343.
Archdeacon, court of, i. 341.
Argyle, Earl of, beheaded, ii. 396.
Aristotle, the founder of political science, i. 4, 5, 595.
Armada, Spanish, effect of its defeat on mod- erate catholics in England, ii. 173.
principles of, 254; resolutions in the house of commons against, 277, 278. Army. See Military System. Army, Cromwell's reform of the Puritan, ii. 327-329; adopts a constitution of its own, 335, 336; treatment of Charles I., 336-338; purges the house of commons, 338; peti- tions the Rump Parliament for its dissolu- tion, 345, 346; constructs a dictatorship, 346; opposes the offer of the crown to Cromwell, 352; Cooper's speech on, 355; organizes a permanent council of general officers, 355; attacked by the house of commons, 355; favored by Richard Crom- well, 355; leaders agree with republicans to set aside the protectorate, 356; officers expel the Rump Parliament, 356; division between the Scottish and English forces, 356; use in suppressing rioters, 500, 501. See Military System.
Array, commissions of, issued by Charles I., ii. 320. See Military System. Articles, of Confederation of the United States, i. 52, 56, 58; the Ten, ii. 87; Stat- ute of the Six, 91-93; of Enquiry, 116; the Forty-two, 126-129; Thirty-nine, 128, 159; the Eleven, temporary adoption, 159. Arthur, son of Geoffrey, acknowledged in Anjou, i. 364; his overthrow and murder, 364.
Arthur, eldest son of Henry VIII., marries Catherine of Aragon, ii. 38; death of, 38. Arundel, Archbishop, his persecution of the Lollards, i. 539.
Arundel, Earl of, question of privilege of the
house of lords involved in his case, ii. 260. Ashford v. Thornton, case of, i. 311, 332. Ashley, Lord, speech on the army, ii. 355; head of Charles II.'s cabinet, 369; joins the opponents of the court, ii. 372; opposes the marriage of James with Mary of Modena, 372; dismissed from office, 372; becomes leader of the country party, 372; in favor of the succession of Monmouth, 384; dis- missed as president of the council, 384; suggests agitation by petitions, 384; pre- sents the Duke of York to the grand jury of Middlesex, 385; appearance at Oxford, 386; imprisonment and flight, 388.
Aske, Robert, leads a revolt in the north, ii. 85; his demands, 85. Assandun, Battle of, i. 215. Assessments. See Taxation.
Assize, court of, legislation by, of Norman origin, i. 206, 329; use of the word, 291; to be distinguished from the ancient county court, 319, 320; modern court of, its de- velopment, 333, 340; cognizance of elec- tions, 529; serious offences reserved for, ii. 192: Of Arms, i. 284, 291, 298, 312, 451, ii. 196; of Clarendon, i. 286–289, 291,
450; of the Forest, 291, 312; of North- | Barebones Parliament. See Parliament. ampton, 291, 318; of Nottingham, 360; the Great Assize, 329, 330. Assizes. See Judicial System. Astley, surrender of, ii. 332.
Barillon, on James II. and the French treaty, ii. 394, 395.
Attainder, bills of, i. 578, 582; of the king, removed by descent of the crown, ii. 22; of the subject, removable only by act of parliament, 22.
Atterbury, Bishop, Rights and Privileges, ii. 458.
Attorney-general, appointment of the first, ii. 19 n.; excluded from house of commons,
Augsburg, Confession of, ii. 87. Augustine, Saint, his mission to Britain, i. 155.
Auxilium, use of the name, i. 297.
BABBINGTON, ANTHONY, conspiracy, ii. 167. Bacon, Francis, Lord Verulam, on Henry VII.'s claim to the throne, ii. 21; on Henry VII.'s act for security of the subject, 23; on the basis of the jurisdiction of the privy council, 24; on the court of the star cham- ber, 26; on Henry VII. and the nobility, 28; on Henry VII. as a lawgiver, 30, 31; idea of toleration, 218; defends the report of the commissioners on the union of Eng- land and Scotland, 228; on purveyance and wardship, 231; king's counsel, 235; attor- ney-general, 235, 236; urges the calling of parliament, 236; on James I., benevolence, 239; made lord chancellor, 242; made Lord Verulam, 242; counsels economy, 242; im- peached for judicial corruption, admits his guilt, 246; on duty of judges, 281; on Henry VII., councillors, 368; sits in the house of commons, 442; on the effect of limiting freedom of thought, 493. Bæda, his Ecclesiastical History, i. 122; on the so-called Bretwaldadom, 152; on the satraps of the Saxons, 174.
Bagehot, Walter, on the cabinet, ii. 452; on the fusion of executive and legislative powers, 544; on the duties of the house of lords, 545; on the choice of cabinet officials, 554; on the English Constitution, 592. Bailiff, i. 462. See Reeve. Ball, John, i. 508.
Baltimore, Lord, proprietor of Maryland, i. 24, 32; nature of his grant, 24. Bancroft, George, on interstate citizenship, i. 75; compared with Tacitus, 94. Bancroft, Richard, becomes archbishop of Canterbury, ii. 224.
Bank of England, incorporated, ii. 434, 435; operations of, 435; ordered to suspend cash payments, 511; guardian of the na- tional revenues, 556.
Bankruptcy, statute relating to, ii. 99. Banneret, dignity of, i. 437.
Baronet, creation of the title of, ii. 236. Barons, supremacy of, under Stephen, i. 276; estate of, identical with house of lords, 349, 354; personal summons to the national council, 353, 354, 435; oppose taxation of Richard I., 361; assume leadership in the nation, 366; their defection from John, 372, 374; taxes laid on, 374; refuse to serve abroad, 375; demand reform, 376, 378; meeting of, at St. Edmund's, 378; at Stam- ford, 379; John's surrender to, 379; bene- fited by Great Charter, 383, 384; papal condemnation of, 392; their offer to Lewis of France, 393; pay homage to Lewis, 394; refuse military service to Edward I., 419; further resistance under Bigod and Bohun, 420-423; created by writ and patent, 436; participation of, in taxation, 483; right to exclusive control of royal administration, 500; their strength as a military body, 565; power weakened by subinfeudation, 566; decline of, under the Lancasters, ii. 28; not strengthened by Henry VII., 28. Barons' War, the, i. 400; ii. 13. Basilicon Doron, ii. 212; circumstances under which written, 214.
Bastwick, his Flagellum Pontificis, ii. 294; sentence against, 294, 295; released from prison, 304.
Bate, resists the payment of royal impost on currants, ii. 226; judgment against, 226; discussion of the decision by the commons, 230; question of the doctrine of divine right in the case of, 272.
Battle, Kemp P., on the case of Bayard v. Singleton, i. 80.
Bayard v. Singleton, case of, its significance, i. 47, 80.
Bayonne, Bishop of, Letters, ii. 62. Beauchamp, Sir John, high admiral of Eng- land, i. 548.
Beauchamp, Lord, question of legitimacy, ii.
Beaufort, Henry, bishop of Lincoln, i. 553; chancellor, 554; leads the council, 555; his death, 555-
Beauforts, legitimatized, i. 554; limitation on, 554.
"Bed-chamber question," ii. 548, 549. Benefices, become hereditary, i. 224, 269. Beneficium, the, its origin, i. 223; united with commendation, 224; hereditary character of, 224. See Benefices. Benefit of clergy, ii. 99. Benevolences, i. 579; forbidden, 586; ille- gally collected by Richard III., 588; ex- acted by Edward IV., ii. 19; under Henry VII., 29; history of, 29 n.; levied by Henry VIII., 44; history of, after Henry
VIII., 44; revived by James I., 238; op- | Board of Trade, revived, ii. 444; legally con- position to, 238, 239; resisted in West- minster and Middlesex, 263; opponents to the demand of Charles I. for, imprisoned, 264; sermons in favor of, 264. See also Taxation.
Beornwulf, king of the Mercians, defeated by Ecgberht, i. 166.
Beowulf, song of, reveals English moral tem- per, i. 113.
Beresford, Sir Simon de, case of, quoted, ii. 387.
Bernicia, division of Northumbria, united with Deira under Oswiu, i. 158, 162, 163. Berwick, treaty of, ii. 297.
Bible, translation of the Great, in England, ii. 102; as a source of religious truth, 168; Tyndale's translation of the New Testa- ment in England, 168; preparation of the Authorized Version sanctioned, 219. Bigelow, Melville M., on the hundred courts, i. 256; on the courts of itinerant justices, 258; on sheriffs, 307; on royal jurisdiction, 316.
Bigod, Roger, Earl of Norfolk, resists Ed- ward I., 419, 422, 498.
Bill of Rights. See Declaration of Rights. Bills, parliamentary, regulation of, i. 519; money bills to originate in house of com- mons, 519, 525, 541.
Birinus, converts the West Saxons, i. 158. Birmingham, recent survival of the bailiffs and court leet in, i. 457.
Bishops, their position in the shire moot, i. 199, 200; separate court of, 260, 286, 304, 341, 446, 448; baronial status of, 287, 354, 355; election of, before and after the Nor- man Conquest, 287, 345-347; defend the Anglican Church, ii. 62; nomination by Congé d'élire, 72, 73; creation of twenty-six bishoprics by parliament, 77; required by Edward VI. to destroy old service-books, 125; Elizabeth's difficulties with, 157, 158; status made secure by act of parliament, 163; office of Scotch bishop abolished, 213; James VI. espouses cause of Scotch bish- ops, 214; Puritans wish authority dimin- ished, 312; popular demonstration against, 314; impeachment of certain bishops, 314; restored to their livings by Charles II., 360; act excluding from the house of lords re- pealed, 361; protest of the seven against reading the Declaration of Indulgence, 404; imprisonment and trial of the seven, 404, 405; enthusiasm over their acquittal, 405.
Black Death, the, i. 507; effect upon labor,
Blackstone, on canon law, i. 339; his descrip- tion of convocation, 343; does not mention the cabinet, ii. 503.
Boards. See Local Government. Bohun, Humfrey, Earl of Hereford, resists Edward I., i. 419, 422, 498.
Boleyn, Anne, secretly married to Henry VIII., ii. 70; convicted of adultery and exe- cuted; 84; marriage with Henry VIII. declared null and void, 84.
Bolingbroke, Lord, opposition to Marlbor- ough, ii. 448, 449; plots for the return of the Pretender, 449; impeachment and flight, 456, 457.
Bonner, Bishop, refusal to take oath of su- premacy, ii. 162.
Bordeaux, lost to England, i. 555. Borh, i. 458.
Boroughs, burg, their constitution, i. 152, 454; Teutonic origin of, 455; creation of, for political purposes, ii. 202, 390, 465; first charter of incorporation and abuse of in- corporations, 464, 465; last royal charter, 465; varying status of the franchise in, 466; origin of nomination boroughs, 466; unjust distribution of the representation from, 466; Cromwell's effort at reforming the representation of, 466; traffic in nomi- nation boroughs, 467 ; nomination boroughs sometimes used to assist a rising young man, 467, 468; lack of connection between a nomination borough and its representa- tive, 468; Pitt's efforts to reform the repre- sentation in, 520, 521, 522; Grey's proposal for reform in representation, 523; Lord Russell's resolutions on the reform of, 524, 525; rotten boroughs disfranchised by the reform bill, 529; franchise extended by the Representation of the People Act, 535; charters used for political effect, 567; fran- chise vested in rate-payers, 567; reorgani- zation of, under the Municipal Corpora tions Acts, 567, 568.
Boston, Mass., its municipal history, i. 40. Bosworth, battle of, i. 588. Boutmy, Émile, on the origin of English con- stitutional law, i. 415. Bouvines, battle of, i. 377. Bracton, Henry de, i. 413, 414; authority for trial by battle, 311.
Bradlaugh, case of, ii. 427, 428, 484. Bradshaw, on the dissolution of the Rump Parliament, ii. 346.
Brantly, W. T., on the evolution of the Constitution of the United States, i. 79. Breda, declaration of, ii. 357, 359. Brentano, Dr. Ludwig J., on the merchant- gild and the borough, i. 460. Bretwalda, supremacy of, i. 152; theories of Palgrave, Kemble, Freeman, and Green with regard to, 152-154; forms of the name, 153.
Bribery. See Corruption.
Bridges, maintained by the county, ii. 191; | statute of, 191.
Bristol, corporation of, refuses access to its records, i. 471; surrender of, to Charles I.,
Bristol, Earl of, case, ii. 261; impeaches Buckingham, 261.
Britain, character of Teutonic conquest and settlement in, i. 10-12, 84 et seq., 120, 149, 150, 155, 161; continued heathenism of its Teutonic conquerors, 155, 183; lack of recorded history in, 83, 120; exotic exist- ence of Roman influence in, 84, 118, 455; Saxons and Angles pass into, 116, 117; Roman conquest of, 117, 118; question as to its earliest inhabitants, 117; Roman de- fences of, 118; ravages of Picts and Scots in, 118, 119; Roman troops withdrawn from, 119; fragmentary history of the Eng- lish conquest, 121; fate of Roman cities in, 125; foundation of English kingdoms in, 124, 146-148, 151, 154; ecclesiastical divi- sions of the early kingdoms in, 160, 161; becomes England, 169; Roman municipali- ties have no continuous existence in, 455. Britton, i. 414.
Bromley, Sir Henry, imprisoned, ii. 206. Brown, Mr. Justice, quoted, i. 15. Brown, on naturalization, ii. 424. Brownists. See Separatists, Independents. Brunner, Heinrich, on the origin of trial by jury, i. 206, 281.
Bryce, James, quoted, i. 1, 19; on the Amer- ican Constitution, 66, 69; his Holy Roman Empire, 369.
Buckingham, Duke of. See Villiers, George. Budget, The, ii. 555; made by the chancellor
of the exchequer, 556, 562. See also Fi- nancial System.
Burdette, Sir Francis, attempt to reform re- presentation, ii. 523. Burford, battle of, i. 163. Burg. See Borough. Burg-gemot, i. 192, 455.
Burghley, Lord. See Cecil, William. Burke, Edmund, his picture of the British parliament, i. 26, 428; on the younger Pitt, ii. 504.
Burkhardt, Lutheran divine, in England, ii. 88. Burton, his For God and the King, ii. 294; sentence against, 294, 295; released from prison, 304.
Bute, Lord, use of bribery, ii. 472; becomes George III.'s chief adviser, 479; made a secretary of state, 479; drives Pitt from power, 479; becomes nominal head of the government, 479; public opinion forces his resignation, 480.
By, Danish equivalent to township, i. 143,
CABAL, the, use of, ii. 369. Cabinet, its origin, i. 252, 547, ii. 179; mittee of the two kingdoms," the germ of modern, ii. 326; at first, simply an inner circle of councillors, 368; used as such by Charles I., 368; origin of term " cabinet council," 368; the Cabal of Charles II., 369; Temple's scheme in its relation to, 378; sys- tem of government by, under William and Mary, 436, 437; no legal status, 437, 438-440; mainspring of cabinet composed of Whigs created by William III., 440, 441; collec- tive responsibility assumed, 441; modern idea of, opposed by William III., 440, 441 ; compulsion to resign on adverse vote not recognized, 445; attempt to revert to old system, 445, 446; Anne presides at meet- ings of, and uses the veto power, 447; protest against use of term "cabinet coun- cil," 450; connects the legislative and exe- cutive, 452; must be a unit in sympathy with dominant party in the commons; lack of harmony means resignation, ii. 453; outcome of progressive history, 453; head- ship vested in a prime minister, 453; effect of George I.'s reign on government by, 454, 455; under George II., 456; first simultaneous change of the whole, 456; dominated by Walpole, 460; Walpole first prime minister to resign on adverse vote in lower house, 461, 478; joint responsibility and joint resignation becomes fixed in 1782, 462; Granville's resignation from, because in conflict with the majority, 462, 478; division of power in, between Pitt and Newcastle, 463; superiority of government by, recognized, 478; George III. substi- tutes secret counsellors for the, 479; effect of George III.'s reign on, 503, 592, 593; Blackstone and De Lolme omit the name of, 503; American statesmen unconscious of its existence in 1787, 504; dominated by the younger Pitt, 509, 510; separate and independent departments break down under Pitt, 510; dominates George IV., 518, 519; ultimate triumph of government by, 519; transfer of sovereignty to, worked no outward change in the constitution, 548; question if it has left any personal author- ity to the sovereign, 548; cabinet and premier's right to dismiss refractory minis- ters, 550; origin, distribution, and number of officers, 554, 555; number in Lord Salis- bury's, 554, n.; members must be privy councillors, 558, 559; distinguished from ministry, 559; office in, held by the prime minister, 559; members may be admitted to, without departmental responsibility, 559, n.; duty of initiating and carrying through parliament of national legislation, 559; con- trols bills of private members, 559; main- tains the privileges of parliament, 559, 560;
collectively and individually responsible, 560; responsible for the speech from the throne, 560; responsibility for appropria- tions and grants, 561; relieved of responsi bility as to private bills, 563; may be asked questions, 563, 564; present importance, 593. See also Ministry; Council, Privy. Cabots, the, voyages of, the basis for English claims to first American settlements, i. 17; John Cabot given a patent by Henry VIII., ii. 32.
Cadiz, failure of expedition against, ii. 258. Cæsar, Caius Julius, his sketch of the Teu- tons not wholly trustworthy, i. 91-93; his invasion of Britain, 117.
Calvin, John, Institutes of the Christian Re- ligion, ii. 168; dominant at Geneva, 168; his scheme of church government, 168, 169; effect of his doctrines in Scotland, 169; his ideas in England, 170. Calvinists, deny the religious supremacy of kings, ii. 169; deny the authority of the episcopate, 169; flee from England, 170; ideas adopted by English Puritans, 200; ideas applied in Scotland, 212-214. Cambridge, University of, coerced by Henry VIII, ii. 65; its vice-chancellor deprived of office, 402.
Camden, Lord, on general search warrants, ii. 482.
Campbell, Lord, his libel act, ii. 493. Campeggio, Cardinal, appointed by pope with Wolsey to try divorce case of Henry VIII.,
ii. 55 Campian, a Jesuit, convicted of high treason, ii. 166.
Canon law, first teaching and growth of, i. 261, 339; authorities for history of, 339; punishment of heresy by, 537, 539; defini- tion of, in Middle Ages, ii. 54 n.; acts for the codification of, 129; appointment of a commission to codify, 129; failure of the commission, 129; present status of, 129, 130; compilations in the reign of James I., 130; of 1865, 130; effect on the church courts, 143; procedure under, 144. Canterbury, convocation of, admits Henry VIII.'s headship of the church, ii. 66. Canterbury, metropolitan see, i. 155, 161; its first Norman archbishop, 228; province of, 340, 341; court of the arches, 341; con- vocation of, 343; court of peculiars, 343; court of delegates, 343; controversy of the appointment to the primacy, 367, 368; at- tempt to consecrate Dr. Parker, ii. 157, 158.
Cantescyre," use of the name, i. 172. Carleton, threatens parliament, ii. 18 n. Carlyle, Thomas, on Norse mythology, i. 112; criticism of his Letters and Speeches of Cromwell, ii. 354; on Walpole's policy, 460.
Carolina, proprietary colony, i. 24; becomes a royal colony, 25.
Caroline, Queen, question of her divorce, ii. 518, 519.
Carr, Robert, made a peer, ii. 235; sits in the upper house, 235; becomes the real chief of state, 235; eclipsed by Buckingham,
Carthusians, trials and executions, ii. 79. Cartwright, Thomas, advocates the abolition of the episcopal system, ii. 171; The Legis lative Rights of the Community vindicated, 520.
Carucage, i. 294, 297, 298; under Richard I., 360, 362; under Henry III., 451, 484. Carver, John, first governor of Plymouth, ii.
Castles, built in Stephen's reign, i. 276. Cathedral churches, chapters of, i. 345; right of election of bishops, 345-347. Catherine of Aragon, married to Arthur, ii. 38; betrothed to Henry, 38; in England, 39; marries Henry VIII., 40; death of her children, 53; appeals to Rome, 55; banished from the royal palace, 67. Catholicism. See Church, Roman Catholic. "Cavaliers," origin of the name, ii. 314. Caxton, William, i. 595; ii. 34.
Ceawlin, king of the West Saxons, his victory at Deorham, i. 149, 164; defeated by the Welsh, 165.
Cecil, Robert, created secretary of state, ii. 178; pledges himself to James I., 211; sub- mits the Great Contract, 230; check on arbitrary exercise of royal prerogative, 234, 235; negotiates marriage alliance with Elector Palatine Frederick IV., 243. Cecil, William, Lord Burghley, his policy, ii. 153; criticises court of high commission, 175.
Cedd, converts the East Saxons, i. 159. Cenwulf, king of the Mercians, i. 164. Ceorl, position of, i. 126; effects of the growth of thegnhood on, 133.
Cerdic, founds the kingdom of the West Sax- ons, i. 164, 174.
Chamberlain of London v. Allen Evans, case of, ii. 426.
Chambers, Richard, case growing out of the dispute over the customs, ii. 274; resists ship-money, 288, 289. Champerty, i. 567.
Chancellor, origin of the name, i. 244; office of, introduced by Edward the Confessor, 245; his powers and distinct court, 250; office of, in the house of lords, 480, 520; delivers the speech from the throne, ii. 560. Chancery, roll of, i. 247; petitions referred to, 249, 250; equitable jurisdiction of, 250, 515; ceases to follow the king, 250; pro- position to suppress it, ii. 347; equity juris- diction, 588.
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