526; land qualification for membership | Constitution, United States, threefold divi-
abolished, 532, 533; number of the repre-
sentatives and distribution, 539; considera-
tion of financial measures in, 561; methods
of dealing with obstruction in, 564. See
also Parliament.

Commonwealth, Old-English, ii. I; taxation
under, 5; Puritan, established, 344; its
difficulties, 344, 345; its legislation treated
as void, 358; result of its legislation, 363.
Communitas, applied to the shire, i. 450; to
the borough, 463.

Composite states, i. 50; attributes of, 67.
Comprehension Bill, failure of passage, ii.
425.

Compton, resists James II., ii. 400; re-
moved as bishop of London, 400.
Comptroller and auditor-general, office cre-
ated, ii. 556, 557; duties and report, 557.
Compurgation, trial by, i. 307, 309, 321, 389;
abolished, 332.

Conciliar system, its strength and weakness,
ii. 36, 37; effect on, of the conflict over
monopolies, 209; passes unimpared from
Tudors to the Stuarts, 215; no need of,
under the Stuarts, 215, 216; beginning of
the conflict with the parliamentary system,
216; length and result of the conflict, 216;
changed with death of Cecil, 234; passes
under control of James I., 234; used by
James I. to get revenue, 238; Pym's hos-
tile attitude, 301.

"Confederated States," i. 50.

Confirmatio cartarum, i. 422, 487, 489, 499, ii.

11; settles right of nation to tax itself, 12.
Congregatio de Propaganda Fide, ii. 400.
Congress, Continental, first meeting, i. 55;
second meeting, 55; Declaration of Inde-
pendence, 56; articles of confederation,
56, 57.

Connecticut, charter held by, i. 23; the Con-
necticut compromise, 72.
Consolidated fund, sources of, ii. 556; de-
posited in the Bank of England, 556, 562;
disbursed only by appropriation acts, 562.
Constable, office of lord high, i. 454, ii. 555 n.;
his jurisdiction, i. 581; high constables of
hundred abolished, ii. 573; the petty, i. 454;
office of, abolished in the parish, ii. 573.
Constantinople, scholars in, ii. 33.
Constitution, English, its Teutonic nature,
i. 13, 45, 89, 90, 124, 429; reproduced in
the English colonies in America, 15, 45, 46,
62, 67-72, 74. 429; in the tenth century,
172 et seq.; effects of Roman conquest on,
279; continuity of development, ii. 321;
effect of the revolutionary epoch upon, 321,
322; English tradition as distinguished
from written code, 437; documents that
make up the written code, 437, 438; not
distinguished from law to the time of the
Revolution, 438.

sion of the federal head, i. 46, 68, 78; its
canonization, 60; not a creation, 60-62, 79;
its framers, 62; the necessity for, 63; ori-
gin of its basis, 65, 66, 77-79; bicameral
system adopted, 71, 72; final organization
of the senate, 72; the supreme court, 73;
national citizenship not established by, 74,
76; interstate citizenship, 75; its first de-
finition of national citizenship, 76; primary
citizenship recognized by, 77.
Conventicles, separate, establishment of, by
the Puritans, ii. 171; Conventicle Act of
1664, 365, 366, 426; act for the suppres-
sion of seditious, 366; registration and pro-
tection of, 425, 426; effect of Occasional
Conformity and Schism Acts on, 426.
Conveyancing, its origin, i. 140.
Convocation of the clergy, i. 263, 343; its re-
lation to parliament, 264; composition of,
343; its legislative power, 344; Gladstone's
view of, 344; action against heresy, 539;
attempt to revive, ii. 458; prorogued in
1717, 458; renews its discussion of church
business in 1850, 458, 459; permitted to
make new canons and to frame resolutions,
459. See also Church.

Conway, General, dismissed for a lack of
subserviency to George III., ii. 503.
Cooper. See Ashley, Lord.
Cope, bill to introduce a new book of com-
mon prayer, ii. 207; imprisoned, 207.
Copley, Thomas, punished by house of com-
mons, ii. 203.

Cornwall, conquered by Ecgberht, i. 166; rev-
enue of the duchy of, retained by king, ii.
553, 554-

Coroners, institution of, i. 319, 448, 449;
cease to have judicial power, 319; election
and tenure, ii. 576; limitation on ancient
functions, 576.

Corporations, attacked by Charles II., ii. 388,
389; to be reformed by the regulators, 403;
Corporation Act, repealed, 425, 427.
Corruption, use of bribery by Danby, ii. 373;
in elections, 466-469; statutes against, 469;
Corrupt Practices Act, 469, 532; bribery
used in the house of commons, 471, 472,
479-480; younger Pitt's denunciation of,
521; act of 1841 in relation to, 532.
Coulanges, Fustel de, quoted, i. 4.
Council, king's, its relation to the national
council, i. 438, 439, 498, 541, 542 et seq.;
Edward IV. attempts to use, as an engine
of tyranny, ii. 20; a court under Henry
III., 24; source of important acts of gov-
ernment, 35; as an administrative body, 36,
183; its history identical with that of the
monarchy, 36; great organ of administra-
tion under Elizabeth, 176; its agencies,
176; controls Ireland, Jersey, and Guern-
sey, 176; creates temporary courts, 177;

Cromwell, Thomas, his early life, ii. 56;
member of parliament, 57; aids in suppress-
ing the lesser monasteries, 57, 81; secures
Henry VIII's favor by suggesting the
denial of papal supremacy, 57, 60; outline
of his policy, 58; influences Henry VIII.,
60; appointed vicar-general, 77; his ma-
chinery of persecution, 77; demands for
his removal, 85; estimate of the parlia-
ment of 1539, 89; urges a Lutheran alli-
ance upon Henry VIII., 93, 94; urges the
marriage of Henry VIII. to Ann of Cleves,
93; abandoned by Henry VIII., 94; exe-
cuted, 94; general results of his policy, 99;
use of parliament, 100.

Crooke, Sir George, on ship-writs, ii. 290.
Court baron, its existence in Maryland, i. 33,
35; the succession of the tun-moot, 211,
254; its distinction from the court leet, 211;
jurisdiction of, 211, 254.

Court-day, in Virginia, i. 38, 39.

Court leet, its existence in Maryland, i. 33,
35; its distinction from the court baron of
the county, 211; criminal jurisdiction of,
254, 452; of the county and the manor, ib.;
recent survival of, at Birmingham, 457;
becomes obsolete, ii. 193.

Courts-martial, agents of the king's council,
ii. 177; used by Elizabeth in times of
peace, 177.

Cowell, Dr., law dictionary discussed, ii. 231;
his book suppressed, 231.

Curia regis, its origin and composition, i.
242 et seq., 541; stages of its development,
245-252, 301, 541, 542-547; its financial
session, 246; its various offshoots, 248,
249, 438, 575; its survival in privy council,
251, 546; its reorganization under Henry
II., 274, 280, 289, 301, 302; its relation to
the national council, 438; causes decided
by, 439; shire-moot brought into contact
with, 447; uses of the name, 515. See also
Council, King's.

Currants, impost on, ii. 225, 226.
Customary law, i. 246, 254, 281, 321, 324, 413,
425; its displacement, 415.

grants of, 257; levied by royal warrant,
258; duties not laid by parliament resisted,
274; question of, embraced in Petition of
Right, 274; Charles I. refuses to allow cus-
toms officers to be questioned for his acts,
276; Charles I. offers to yield crown right
to levy, 276; parliamentary right to grant,
stated in a resolution, 278; Charles I.
claims right to levy, 284; short-term grants
to William and Mary, 419. See also Tax-
ation.

Custos rotulorum, ii. 575
Cynebot, meaning of, i. 181.
Cymric, king of the West Saxons, i. 164, 174.

DALTON, arrested by royal order, ii. 205.
Danby, Earl of. See Osborne, Sir Thomas.
Danegeld, the, i. 187, 272; under the Nor.
mans, forms of, 292–294.

Danelagh, the, i. 168; conquest of, completed
by Athelstan, 168.

Danes, three periods of their invasions, i.
167; their conquests and settlements in
Northumberland, Mercia, and East-Anglia,
167; great invasion of, ib.; divide the king-
dom with Alfred, 167; submit to Eadward
the Elder, 168; end of their power, 169,
176; last invasion of, 214.

Dante, his treatise De Monarchia, i. 370; his
attitude to Frederick II., 370.
Darrein presentment, i. 247, 329.
Dartmouth College v. Woodward, decision
in, ii. 82 n.

Davie, his condemnation of the first American
constitution, i. 66.

Debts, due to crown, exaction of, regulated,
i. 390.

Declaration of the army, issued, ii. 336.
Declaration of Independence, the American,
i. 56.

Declaration of Indulgence, of Charles II., ii.
365; issue of a second, 371; issued by
James II., 401; republication and order
for reading in churches, 404; protest of
bishops against reading, 404.

Declaration of Right, provision as to bail, ii.
383; passed, 414, 415; its contents, 415-
417; declares the throne vacated by James
II.'s abdication, 417; resolves that William
and Mary hold the crown, 417; becomes
the Bill of Rights, 418; barriers against
a catholic sovereign, 418; supplementary
legislation, 419–422.

Customs, Old-English, on imports, i. 299;
on exports, 299; limited by Great Charter,
299; exclusive right of parliament to regu-
late, 300, 301, 489, 490; subsidies, grant of,
to Edward I., 406, ii. 14, 15; life-grant of, to
Edward IV., 578; became a permanent part
of the revenue, ii. 15; under Edward II. and
Edward III., 15, 16; under the Tudors, 224,
225; granted to James I., 225; decrease
in relative value under Henry VIII., 225;
increased by Mary and Elizabeth, 225;
James I. lays imposts on Virginian tobacco
and on currants, 225; parliament claims its
sanction necessary to imposition, 226, 230;
compromise over, 230, 231; increase in
value, 242; parliamentary restriction of life- | Deorham, battle of, i. 149, 164.

De excommunicato capiendo, writ of, ii. 144.
De hæretico comburendo, ii. 146.
Deira, division of Northumbria, united with
Bernicia under Oswiu, i. 158, 162, 163.
De Laudibus Legum Angliæ, i. 414.
De Lolme, La Constitution de l'Angleterre, ii.
503.
Demesne, royal, i. 182.

Derby, Earl of, passes the Representation | Dred Scott, case of, i. 75, 76.
of the People Act, ii. 532, 535; proposal
to establish identity of franchise between
county and town, ii. 533; succeeds Lord
Russell, 534.

Dering, Mr., punished for printing his
speeches in the commons. ii. 474.

De tallagio non concedendo, statute of, quoted,
ii. 269.

Devonshire, Duke of, insulted by George III.,
ii. 502, 503.

Dialogus de Scaccario, i. 302, 314.

Dicey, A. V., on the origin of the privy coun-
cil, i. 546, 547; quoted, ii. 4, 27; on the
courts of law and the army, 422; on free-
dom of discussion, 493; on right of assem-
bling, 494; on the decline of the privy
council, 565.

Digby, K. E., on the nature of alod, i. 139;
on the manorial system, 179, 211; its rela-
tion to the hundred, ib.; on the trinoda
necessitas, 188; on the development of the
common law, 238; on judiciary law, 415.
Digges, Sir Dudley, imprisoned, ii. 260.
Dioceses, broken into smaller sees by Theo-
dore of Tarsus, i. 160; councils of, 340;
subdivisions of, 341.

Discoveries, English, in the sixteenth cen-
tury, ii. 33.

Dispensing power. See King.

Disraeli, Mr., introduces the Representation
of the People Act, ii. 535.
Dissenters, i. 598; rise of, ii. 279; emigration
to Holland, 279; emigration to America,
279, 280; return to England on outbreak
of Puritan revolution, 330; growth of, in
England, 330; not tolerated by the Puritan
leaders, 330; strength increased in the
house of commons, 331; struggles with
the presbyterians, 335-338; representatives
compelled to flee to the army, 337; causes
of their triumph, 341; Dissenting Minis-
ters' Act, 426; civil disabilities removed,
427. See also Church, English.
Divorce, court of, creation, ii. 589.
Domesday Book, its record of the devastation
of the north by William, i. 235; later mili-
tary tenure not named in, 236; ordered by
William the Conqueror, 265; mode of tak-
ing the survey, 266; chief fiction of the
whole survey, 266; sets forth the manorial
system, 266; its witness to the various
classes of men, 267; the rate-book of the
kingdom, 297.

Douay, college at, ii. 165; its later history,
165 n.

Dover, treaty of, ii. 370, 371; text of, 370 n.
Dowdeswell, Mr., bill on the right of juries in
libel cases, ii. 491, 492.

Doyle, John, on the reproduction of English
law in English colonies in America, i. 22;
on the constitution of Massachusetts, 23.

Dudley. See Empson and Dudley.
Duke, dignity of, i. 436.
Dunkirk, capitulation of, ii. 354.
Dunning, Mr., resolution on the influence of
the crown, ii. 503 n.
Duties. See Taxation.

EADGAR THE THELING, chosen king, i.
231; submits to William, 231.
Eadgar the Peaceful, consolidation of Eng-
land under, i. 169, 172, 176, 181, 212.
Eadmund Ironside, son of Ethelred, his wars
with Cnut, i. 215; his election, 215; de-
feated by Cnut, 215.

Eadward the Confessor, i. 216, 227; his
alleged promise to William, 228; his death
and burial, 229.

Eadward the Elder, ecclesiatical divisions of
Wessex under, i. 161; submission of the
Danes to, 168; his supremacy, ib.
Eadward the Martyr, i. 212, 214.
Eadwine, earl of the Mercians, disables Har-
old by his treachery, i. 217, 230; rises
against and submits to William, 234-
Eadwine, king of the Northumbrians, bret-
walda, i. 156, 162; his marriage and con-
version, 156; killed by Penda at Hatfield,
157, 158, 162.

Ealdorman, the government of, i. 129, 174
his military title of heretoga, ib.; distinc
tion between king and, 130, 173, 175; his
later office, 199; his position in the shire-
moot, 200; his office never hereditary, 200;
antagonistic to the king, 213.

Ealdred, archbishop of York, crowns and
anoints William the Conqueror, i. 229, 231.
Earl, title of, i. 436.

Earle, John, theory of the English manor,
i. 116.

East Anglia, formation of, i. 146, 150, 170;
rejects Christianity, 156; later conversion
of, ib.; dioceses of, 160.

East India Company, attacked by Fox, ii.
506; bill against, defeated by George III.,
506.

East Saxons, conversion of, i. 156; recon-
verted, 158.

Ecclesiastical courts, institution of, i. 260,
261, 340, 342; limitation of jurisdiction at
tempted by Henry II., 286; royal limita-
tions fixed by constitutions of Clarendon,
287, 288; abolished, ii. 308.

Ecgberht, king of the West Saxons and bret-
walda, his exile, i. 165; becomes king, 165;
his conquest of Cornwall, 166; of Mercia
and Northumberland, 166; union of the
kingdoms under, 166, 171.
Edgehill, indecisive engagement at, ii. 324.
Education, of priests, ii. 165; teachers in
private families licensed, 166; beginning of
national, 580; controlled by the education