ish a person not a member, 203; claims the right to release a member by authority of the mace, 203, 204; claims the right to de- termine contested elections, 203; claims the right to punish its members, 203; claims the right to punish bribery at elections, 204; defends its exclusive right to originate money bills, 204; discusses the marriage of Elizabeth, 205; first links the question of succession with that of supply, 205; Eliza- beth assaults the right of deliberation in, 205, 206; attempts to assume the initiative in regard to church affairs, 206, 207; growth of privileges under Elizabeth, 208, 209; at- tacks monopolies, 208, 209; reasserts the right to try contested elections, 220; free- dom of arrest of members vindicated, 220; introduces bills against purveyance and wardship, 211; refuses to confer with con- vocation as to religious question, 221; on the union of England and Scotland, 221; protestation entitled "A Form of Apology and Satisfaction to be delivered to His Majesty," 222; refuse to grant a supply, 223; debate over commissioners' scheme of union between England and Scotland, 227; expels Pigott, 227; discussion of Scottish naturalization in, 227-229; all legislation hostile to Scotland conditionally repealed, 228; discussion of the Great Contract, 230; debate over king's right to levy impositions, 230; discusses purveyance and wardship, 231; discusses the abuse of the ordaining power, 231; asks for the exemption of four Welsh counties from the jurisdiction of the president and council of Wales, 232; fails to secure a redress of ecclesiastical griev- ances, 232, 233; revives the subject of im- positions, 237; impeachment of Mompes- son, Mitchell, and Yelverton, 245, 246; impeaches the king's minister, Bacon, 246; attempts to act as a court in Floyd's case, 246; resists the effort of James I. to pun- ish parliamentary misdemeanors, 247, 248; protests against the attempt of James I. to abridge right of deliberation, 248; its privi- leges and liberties declared a matter of kingly favor, 248; the protestation of De- cember, 1621, 249; grants conditional sub- sidies to James I., 250; requests Charles I. to enforce laws against catholics, 256; votes two small subsidies, 256; prose- cutes Richard Montague, 256; distrusts Buckingham, 257; protests its loyalty to Charles I., 258; lectured by Charles I., 259; impeaches Buckingham, 259; re- fuses to transact business until Eliot and Digges released, 260; its remonstrance ordered destroyed by Charles I., 262; nu- merous persons imprisoned by Charles re- turned as members, 266; resolution denoun- cing taxation without parliamentary consent,
268; subsidies voted in committee, pending redress of grievances, 268; preparation and adoption of the Petition of Right, 269–273; impeaches Manwaring, 273; withholds sub- sidy while Charles I. refuses to listen to remonstrances, 273; claims a breach of privilege in the Rolle case, 275, 276; calls customs officers to the bar, 276; resolu- tions introduced against Arminianism, 277; Charles I.'s efforts to adjourn resisted, 277, 278; Eliot's resolutions on taxation and religion, 278; refuses to discuss sub- sidies before the question of grievances, 298, 299; secures the execution of Went- worth and Laud, 302-304; all proceedings concerning ship-money annulled, 304, 305; secures acknowledgment that the taxing power is vested in the king in parliament, 305; the Triennial Act, 305, 306; redresses grievances resulting from the conciliar sys- tem, 306-308; proposal for a responsible ministry, 311; the Grand Remonstrance, conflict of parties over, 311, 313; case of the five members, 315-317; struggle with king over control of the militia, 317, 318; swears loyalty to Charles I., 322; swears to the Scottish Covenant, 325; appoints Cromwell lieutenant-general, 328; efforts of the peace party in, to come to an understanding with Charles I., 331, 332; the remonstrance of the army presented to, 338; Pride's purge of, 338; declared sovereign by the Rump, 338, 339; as constituted by William of Orange, 410, 411; employs the philosophy of Hobbes in the deposition of James II., 412, 413; regulation of membership by the Act of Settlement, 425; method of coer- cing refractory ministers, 440; system of party organization in, adopted, 441; ques tion of the right of ministers to sit in, 441- 444; new election of members required after appointment to office by crown, 443, 444; attempt to impeach ministers in 1701, 446; addition of Scotch members, 448; becomes a real representative body, 453 454; increase in membership under Henry VIII. and Charles II., 465; reasons why representation in, was not representative, 463-470; number of persons choosing members small, 470, 471; bribery in, 471, 472; abuse of the trial of contested elec- tions, 472; secrecy in, 473, 474; press for- bidden to publish its proceedings without permission, 474; votes and proceedings printed under direction of speaker, 1680, 474; rise of a public opinion destined to make commons independent and representa tive, 475; right to commit for publication of parliamentary debates lost, 485, 486; publication of division lists, 1836, 486; ac- tion on the withdrawal of strangers, 486; efforts for the reform of representation, 519-
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;
becomes mere corps of royal officials, 177; commoners added, 177; duties divided among commitees, 177, 178; the privy council an offshoot, 178; its threefold ca- pacity, 179; Tudor kings make it a legis- lative body, 179, 180; as a law court called the "star chamber," 181; individual mem- bers claim the right to order arrests, 182; right admitted to the council as a whole, 182; controls colonial affairs, 183. See also Curia Regis; Star Chamber; Privy Council.
Council, the national, the witan continued in, i. 239; its composition under Henry II., 289; its historical continuity, ib.; limited by writ of summons, 290; relations of Henry II. to, 291; no taxation without consent of, 300, 387; definition of, 387; development of representative system in, 416, 417; under Norman and Angevin kings, 431 et seq.; limited by king's writ, 433, 435; its constitution modified by the estate system, 433; effects of feudalization on, 434; its legislative and judicial powers, 437, 438; relation of the continual council to, 438, 439. See also House of Commons; House of Lords; and Parliament. Council of State, made the executive power, ii. 343; given the powers of admiralty, 343; dissolved by Cromwell, 346; a self-appoint- ing, organized, with Cromwell as head, 346.
Councils, ecclesiastical, the first national gatherings, i. 161; legislative power of, lim- ited by William, 262, 264, 342; diocesan, 260, 340; provincial, 263; short-lived, 263, 343. See Convocation.
County, the, in English colonies in Amer- ica, i. 28, 29; in Virginia, 36, 38; its sub- divisions, 36; itinerant justices preside in the county court, 248, 340, 447; its court distinguished from modern court of assize, 319, 320; representative character of its court, 320; practice of election or repre- sentation in its court, 416, 467, 468, 472, 473, 528; identical with shire, 447; appli- cation of its representative system to na- tional purposes, 484; maintains bridges, ii. 191; controls and supervises parishes, 194; its militia reorganized, 194-198; re- presentation in parliament, 201; predomi- nance of great landowners, 390, 470; James II. tries to manipulate political machinery of, 403; franchise, 469; proposals for re- form in representation, 522, 523; effect of reform bill on its representation and its franchise, 530; franchise extended by the Representation of the People Act, 535; government of, by justices appointed by the crown, 566; meetings and functions of the ancient court of, 574; decline of its court affected by the rise of justices of the
peace, 574; loss of its administrative work, 574; standing army causes loss in the im- portance of its militia, 575; right to elect coroners survives in, 576; gains control over the county police force, 577; gains the right to regulate administrative affairs, 577, 578; elective councils organized by the Ritchie Act, 578; Local Government Act transforms vestries into councils for, 578; limitation on the ancient county courts' jurisdiction, 579; reorganization of the courts of, under act of 1846, 579; cut up for judicial and electoral purposes, 580. Cranfield, Lionel, Earl of Middlesex, ap- pointed surveyor-general of the customs, ii. 250; urges the Spanish alliance, 250; im- peached for malversation in office, 250, 251. Cranmer, Thomas, advocates the submission of the question of Henry VIII.'s divorce to the canonists and the universities, ii. 65; treatise on subject of Henry VIII.'s divorce, 65; appointed primate, 71; on Henry VIII.'s marriage with Catherine and with Anne Boleyn, 71; sympathizes with the protestants, 92; inaugurates the Eng- lish Reformation, 114; his scheme for re- form outlined, 115; his reforms resisted by the bishops of London and Winchester, 116.
Crew, Chief Justice, dismissed, ii. 263. Cromwell, Oliver, on the Grand Remon- strance, ii. 313; aids in strengthening the army, 325; aids at Marston Moor, 326; quarrel with Manchester, 327; reorganizes the army, 327-329; appointed lieutenant- general, 328; on class distinctions and tol- eration in the army, 329; mediator between presbyterians and independents, 331; urges toleration for independents in letters to Lenthall, 331-333; forced to seek refuge in the New Model, 336; subjugation of Ire- land and Scotland, 345; dissolves the Rump Parliament, 346; head of the council of state, 346; secures the abdication of Bare- bones Parliament, 348; offered the pro- tectorship, 348; installation as protector, 348; use of ordinances, 349; difficulties with and dissolution of parliament, 349 350; puts the country under military gov ernment, 350; question of offering him the crown, 351, 352; second inauguration, 352; authorized to name his successor, 352; dis- solves his second parliament, 353, 354 Letters and Speeches, 354; military suc cesses in Flanders, 354; death, 354; esti- mates of, 354, 355; Charles II.'s indignity to his body, 360; failure of effort to reform borough representation, 466. Cromwell, Richard, succeeds his father, 355; republican opposition to, 355; new parliament called by, 355; sides with the army in its conflict with the houses, 355
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
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