Grey, Lady Jane, claims to the throne, ii. 132; used by Northumberland, 132, 134; execution, 132.
Grindal, Archbishop, sequestered, ii. 172; succeeded, 172. Grocyn, ii. 34.
Gualo, papal legate, i. 393, 394, 396.
Guest, Dr. M. J., on the origin of London, i. 117.
Guizot, M., quoted, i. 6; on representation,
14; on Christianity in fourth and fifth cen- turies, 82; on the Germania of Tacitus, 91, 92; on Old-English institutions, 173; on royal jurisdiction, 316. Gunpowder, invention of, its results, i. 568. Gunpowder plot, ii. 224.
HABEAS CORPUS, resolutions concerning, ii. 267, 268; Habeas Corpus Act, 380, 382, 383; writ of, issued from king's bench, 381; inadequacy of the writ of, 381, 382; failure of attempt to deliver Eliot and others by, 382; writ not to be used in colonies, 383.
Hale, Sir Matthew, on the legislation of Ed- ward I., i. 413.
Halifax, Lord. See Charles Montague. Hall, Arthur, expelled by house of commons,
Hamilton, Alexander, i. 62, 66, 71.
Hamilton, Duke of, refused a seat in the house of lords, ii. 542.
Hampden, John, opposes use of ship-writs, ii. 289, 290; becomes a national leader, 290; judgment against, annulled, 305; energy in strengthening the army, 325; death, 325.
Hampton Court, conference, ii. 218. Hanover, house of, source of its title, ii. 422; question of the succession on the death of Anne, 449, 450.
Harcourt, Sir William, measure to reform the government of greater London, ii. 570, 571.
Harold, son of Godwine, elected king, i. 217, 229; victorious at Stamfordbridge, 230; marches to London, 230; disabled by treachery of Eadwine and Morkere, 230; defeated and killed at Senlac, 230. Harold, son of Cnut, i. 216.
Harold Hardrada, his invasion of England,
i. 230; killed at Stamfordbridge, 230. Harthacnut, son of Cnut, i. 227, 256. Hastings, Warren, impeachment, ii. 457. Hatfield, battle of, i. 157, 158, 162.
Haxey, Sir Thomas, his will, i. 510, 511, 522. Health, creation of boards of, ii. 582; Public Health Act of 1875, 582, 583; creation of sanitary districts, 583.
Hearth-money, origin, resistance to its impo- sition, and its repeal, ii. 362.
Heiresses, baronial, privileges of, i. 436.
Henrietta Maria, Queen, question of her im- peachment, ii. 315; urges the king to arrest the five members, 315; solicits foreign aid, 319.
Henry I., invigorates local courts, i. 255, 275, 305; his accession, 272; his charter, 273, 425; his policy and marriage, 273; minis- terial nobility created by, 274; organization of the curia regis under, 274, 301, 335, 447; arranges the succession of Matilda, 275; controversy of investiture under, 347; laws of, reintroduced by Geoffrey Fitz-Peter, 376.
Henry II, system of itinerant judicature under, i. 206, 247, 258, 447; his treaty with Stephen, 277; his accession, 283; reorgan- izes the curia regis, 274, 280, 283, 301, 302; institutes scutage, 283, 284, 296; his policy of reform, 284; his conflict with the clergy, 284; his dispute with Thomas of Canter- bury, 285; their second quarrel, 286; his Constitutions of Clarendon, 287-289, 340; taxation under, 296-298, 358, 359, 362, 451; introduces recognitions into England, 329; organization of the national council under, 352, 432; practice of summons under, 352, 433, 434; anti-feudal policy, 407, 565; insti- tutes the principle of the supremacy of the law, ii. 3; institutes scutage, 7; imposes the Saladin tithe, 8.
Henry III., his accession, i. 394; constitu- tional results of his minority, 394, 397, 498. 542; his personal rule, 397; marries Eleanor of Provence, 398; papal influence on, 398; conflicts under, 398 et seq.; rising of the barons against, 400; his submission, 400; civil war against, 402; taken prisoner, 402; his death, 405; his work at Westminster Abbey and palace, 477; regency consti- tuted, ii. 109.
Henry IV., as duke of Hereford, his quarrel with the duke of Norfolk, i. 512; banished, and estates confiscated, 512; lands in Yorkshire, 512; claims the crown. 513, 535; his elevation the result of a parlia- mentary revolution, 513, 536; his relations with the church, 537; growth of the power of the commons under, 540.
Henry V., his conquests and death, i. 552. Henry VI., his minority, i. 552; parliamen-
tary regency established, 553, ii. 110; mar- ries Margaret of Anjou, i. 555; attack of imbecility, 557; taken prisoner, 558; his answer to Richard of York's claim to the crown, 558.
Henry VII., as earl of Richmond, his claim to the crown, i. 584; his first attempt of in- vasion, 584; lands at Milford Haven, 588; victorious at Bosworth, 588; expands the criminal jurisdiction of the king's council, ii. 24; succeeds to the policy of Edward IV., 18; his declaration of right to the
throne, 21; parliament declares his title parliamentary, 23; urged to marry Elizabeth of York, 23; act for security of the subject, 23; causes execution of Warbeck and Ed- ward Plantagenet, 23; statute establishing a separate committee of the king's council to try criminal cases, 25; summons few par- liaments, 29; revives benevolences, 29; feu- dal exactions, 29; his treasure, 30; motives of his legislation, 30; act increasing the authority of the justices of the peace, 30; the statute of fines, 30; the navigation act, 31; patent to John Cabot, 32; progress of the New Learning under, 34; his marriage alliances, 37, 38; idea on the union of Scotland and England, 38; extinguishes the system of liveries, 195, 196; use of an inner council, 368.
Henry VIII., ii. 29; advance of the New Learning under, 34; betrothed to Catharine of Aragon, 38; obstacles to the union, 38; Julius II. grants dispensation for marriage, 38; secretly protests against the validity of his marriage, 39; accession to the crown, 39; his character, 39; marries Catharine, 40; Holy League alliance, 41, 42; money grants made to, by parliament, clergy, and laity, 41; deserted by his allies, 42; enters French and Spanish war, 44; summons the parliament of 1523, 45; pub- lishes a reply to Luther, 50; given the title of Defender of the Faith by Pope Leo, 50; absence of male heir, 53; his divorce from Catharine referred to Rome, 54; influenced by Cromwell to break with the papacy, 60; his divorce the mainspring of the break with Rome, 61; uses parliament in his struggle with Rome, 61; unpopularity of his divorce from Catharine, 62; objects to dual allegiance of clergy, 63; released from his debts, 64; sends a mission to Charles V., 64; divorce question submitted to the universities, 65; banishes Catharine from the royal palace, 67; secretly marries Anne Boleyn, 70; final breach with the pope, 74; declared head of the church, 75; appoints Cromwell vicar-general, 77; married to Jane Seymour, 84; given the right to dis- pose of the crown, 84; attempts to concili- ate the Lutherans, 87, 88; gains little per- manent benefit from the suppression of the monasteries, 91; dictates to parliament the Statute of the Six Articles, 91; perse- cution of protestants, 92; motives for a Lutheran alliance, 93; marries Anne of Cleves, 94; dissolution of marriage, 94; execution of Catharine Howard, 101; mar- ries Catharine Parr, 101; realizes the ex- tent of his breach with the papacy, 102; appeals for religious toleration, 103; dis- position of the succession by will, 108; constitutes a council of regency, 108; death
of, 108; method of governing the church, 173, 174; office of secretary under, 178; forced recruiting, 198; assumes the gov- ernment of the church, 206; effort to regu- late the succession by will not sanctioned by the people, 211.
Heptarchic kingdoms, united under Wessex,
Heraldry, i. 567; its court, 568. Heresy, punishment of, i. 537; statutes against, 539, 540, 572; statutory definitions of, ii. 116, 146; statutes upon the subject repealed, 117; common-law application to heresy restored, 117; early laws against, 145; punishment of, by church courts, until fourteenth century, 145; introduction of the secular arm in heresy trials, 145, 146; old common-law treatment of, restored by Edward VI., 147; limitation of court of high commission as to, 174. Heretoga, military title of the, i. 129, 151; ealdorman, 174, 199.
Hertford, Earl of, ii. 103; converts the regency of Edward VI. into a protectorate, 113; inaugurates the English Reformation, 114; victory of Pinkie Cleugh, 116. Hide, of land, unit of assessment, i. 293, 297, 358; superseded by the knights' fee, ii. 7. See also Land.
High Commission, Court of, origin, ii. 155; attempt to punish Puritan clergy, 172; created, 174; duties, 174, 175; authorized to administer the ex officio oath, 175; not allowed to impose the death penalty, 175; its procedure criticised by Lord Burleigh, 175; punishment of lay immorality, 175; conflict with the courts of common law, 175; abolished by the Long Parliament, 176, 307, 308; reestablished by James II., 400.
High Court of Justice, constituted, ii. 338, 590; sentences Charles I., 339.
High steward, power in treason trial for peers, ii. 433.
Highways, care for, included in the trinoda necessitas, ii. 190; care for, imposed upon the holding of all land by freemen, 190; care for, devolves upon the parish, 191 ; surveyors for highways created, 191; rate assessed by justices of the peace, 191; per- sonal service allowed on, 191, 192 n. Hlaford, lord, origin of the name, i. 131, 176. Hobbes, Thomas, his Leviathan on the ori
ginal contract, ii. 392; his doctrines used by the commons in deposing James II., 413.
Hobhouse, Sir J., Vestry Act, its limited operation, ii. 573.
Holland, Thomas E., Elements of Jurispru dence, ii. 393, n. I.
Holles, introduces Eliot resolution on taxa- tion and religion, ii. 278.
Holy League, formed, ii. 41; Henry VIII. IMMUNITIES, grants of, their growth, i. 224,
Homilies, Book of, ii. 116.
Hooker, Richard, his Ecclesiastical Polity, ii. 172; effect of, 254.
Hooper, John, attack upon the prayer-book of 1549, ii. 125, 126.
Howard, Catherine, executed, ii. 101. Hubert, archbishop of Canterbury, i. 348, 360; his speech at John's coronation, ques- tion as to its authenticity, 364; his death, 367.
Hubert de Burgh, justiciar, destroys the fleet of Lewis of France, i. 395; regency of, 395-397.
256. Impeachment, practice of, i. 441-443, 503; parliamentary, revived to suppress mono- polists, ii. 245; later history, 245 n.; ques tions concerning, raised by Danby's trial, 375; act of settlement on, 376; by the commons not pleadable, 423; last purely political, 457; late cases of, 457; against ministers in 1701, 446. Impressment Bill, ii. 317, 318. Imprisonments, arbitrary, forbidden, ii. 270. Impropriations, ii. 188.
Indemnity, Bill of, ii. 359, 360. Independence, rise of the spirit of, ii. 202. Independents. See Dissenters.
Industry, effect of the growth of, ii. 507. Ine, king of the West Saxons, his power, i. 165.
Hugh of Avalon, bishop of London, opposes taxation of Richard I., i. 362, 363. Hugh Capet, his title as king, i. 9, 10. Hull, Charles I. refused admission to, ii. Inquest, Norman system of, i. 206, 325-331; 319.
Hume, David, ii. 31. Hundred, formed by an aggregation of marks or townships, i. 7, 8, 12, 27, 106, 144, 253, 446; its existence in Virginia and Mary- land, 28; use of the word, 96, 106, 171, 193, 198; aggregation of, forms the shire, 105, 123, 253, 303, 446; identity of the modern hundred with the early shire, 106, 145, 171, 193, 253; of the Franks, i. 222; relation of the manorial court to, 211, 254, 452, 457.
Hundred-moot (court), the Teutonic system, i. 106, 107, 191; in England, 173, 193, 194; representative assembly, 203, 303, 416; continued by William, 255, 446; use of, by William Rufus and Henry I., ib.; distinc- tion between the great and the lesser court, 256, 452; system of delegation at, 304; attendance enforced by fines, 304; restored by Henry I., 305; attendants of, 305; composition for non-attendance at, 306; reorganized by treaty of Walling- ford, 306.
Hundred Years' War, i. 500, 502. Hungerford, Sir Thomas, first speaker of house of commons, 480, 521. Hunting, Cnut's alleged code on, i. 313. Hurccas, the, i. 164, 165.
Hustings, i. 192, 455; nominations made at, ii. 536.
Hutchinson, Thomas, quoted, i. 15. Hutton, W. H., Life of Sir Thomas Moore, ii. 46.
Hyde, Edward, favored by Charles II., ii. 363; policy of reconstruction, 363; conflict with Charles II. over religious policy, 365, 366; resignation and impeachment, 367; compelled to flee, 367; lord high treasurer, 394. Hyde Park, riot of 1866, ii. 534; second meeting in May, 1867, 535.
under Henry II., 328. See also Recogni- tions.
Inquisition, writ of, i. 389. Institution of a Christian Man, stated, ii. 87. “Instrument of Government," its features, ii. 348, 349.
Interstate citizenship, i. 58, 75. Intestates, regulation of property of, i. 390. Investiture, question of, i. 346, 347- Iona, Hii, Isle of, Celtic monastery at, i. 157, 158; missionaries from convent, 158, 162; Northumbria, 162.
Ireland, tribal life in, i. 157; monastic na- ture of its church, 157; rising in, ii. 310; subjugated by Cromwell, 345; depend ent condition under the Poynings' Acts, 511-513; proscription of catholic and pro- testant dissenters, 512; parliamentary re- strictions in, 512, 513; commercial restric- tions, 513; demand from, for a redress of grievances, 513; independence of the par- liament of, granted, 513; Pitt's efforts to remove commercial restrictions, 513, 514; bribery of parliament to secure approval of the scheme of union, 514; effect of the union with England, 514, 515; reform in representation, 531; representation in the house of lords, 541, 542; question of the extinction and absorption of Irish peerage, 543, 544.
Ireton, Henry, leader of the New Model, ii. 336; The Heads of the Proposals, 336, 337- Ironsides, Cromwell's regiment, ii. 328. Isabella of France, married to Richard II., i. 510.
Italy, city commonwealths in, i. 5, 6, 8; influ- ence of Petrarch upon, ii. 33; Greek schol- ars in, 33; seat of the intellectual revival, 33.
JACOBITES, legislation against, ii. 431, 432; attempted rising, 456.
James I., charters granted by, to two coloni- zation companies, i. 17; right of the com- mons to decide disputed elections finally settled under, 530; people declare for him, ii. 211; proclaimed by the council, 211; lays down the theory of indefeasible hered- itary right of kings in the Basilicon Doron, 212; title confirmed by parliament, 212; conflict with the Calvinistic model of church government in Scotland, 212-214; unfa- miliarity with English institutions, 215; pre- sented the Millenary Petition, 217; sum- mons the Hampton Court Conference, 217, 218; preparation of the Authorized Version of the Bible sanctioned by, 218; accused of papistry, and renews persecution of catho- lics, 219; rebukes both Puritans and catho- lics, 220, 223, 224; proclamation as to contested elections, 220; urges union of England and Scotland, 221; receives a protestation from the house of commons, 222; speech on proroguing his first parlia- ment, 223; assumes the title of King of Great Britain, 223; lays imposts on Vir- ginian tobacco and on currants, 225; secures judgments in favor of his right to impose customs duties, 226; financial difficulties, 229, 242; forbids debate in commons over his right to lay impositions, 230; sup- presses Cowell's law dictionary, 231; re- fuses to redress ecclesiastical grievances, 232, 233; decision against his ordaining power, 232; charters the Virginia Com- pany, 233; becomes his own secretary of state, 234; puts himself under the influ- ence of a court favorite, 235; dissolves the "Addled Parliament," 238; resolves to dispense with parliaments, 238; revives arbitrary taxation, 238; assails the inde- pendence of judges, 240, 241; ruled by Buckingham, 242; marriage of his daugh- ter Elizabeth to Frederick IV., 243; fails to protect German protestants through Span- ish alliance, 243, 244; promises aid to the protestant princes, 244; appeals to parlia- ment for funds to recover the Palatine, 245; claims the right to punish any man's misdemeanors in parliament, 247, 248; at- tempts to abridge the parliamentary right of deliberation, 248; tears the protestation of the commons from its journals, and punishes members, 249; lays his troubles with Spain before the house of commons, 250; his death, 251; summary of his reign, 251-253; favors Laud, 254; promises France to make concessions relating to recusants, 255.
James II., deposed, ii. 383, 384, 413; pre- sented as a popish recusant, 385; second exclusion bill against, 385; parliamentary resolutions against his succession, 386; question of his real designs, 394; his de-
claration of intention to the council, 394; renews secret treaty with France, 394, 395; proclamation acknowledging parliament's right to lay taxes, 395; commissions catho- lic officers in the standing army, 396; pro- rogation of his refractory parliament, 397; use of the dispensing power, 399; begins attack on the state church, 399, 400; intro- duces public worship of catholicism at St. James, 400; seeks to placate non-conform- ists, 401; his attack on the universities, 401-403; public reception of the papal nuncio, 403; royal progress of August, 1687, 403; birth of a male heir, 405, 406; concessions made, 407; refuses to call a parliament, 407; desertion of, 407; flight, 408; declared to have violated the original contract, 413.
James IV. of Scotland, marries daughter of Henry VII., ii. 37.
James VI. of Scotland. See James I. Jamestown, Va., English settlement of, i. 18, ii. 234; first American representative as- sembly at, 234.
Jefferson, Thomas, on the necessity for the threefold division of the federal head, i. 68. Jeffreys, Chief Justice, revokes corporation charters, ii. 389; his bloody circuit, 396. Jenkes, Francis, case of, ii. 382. Jesuits, to be sent to England as missionaries, ii. 165; torture and conviction of Campion, 166. See also Church, Roman Catholic. Jews, forbidden to hold municipal or parlia mentary offices, ii. 428; emancipation of, 428.
John de Gray, his election to the primacy, i. 368.
John, king of England, his dispute with Inno- cent, i. 348, 367 et seq.; his accession and coronation, 364; defeats and murders Arthur, ib.; his loss of Normandy, its political results, 365, 366; his character, 366; excommunicated, 372; renews his homage to the pope, 373, 569; his quar- rel with the nobles, 374, 375; his policy against the barons, 377, 378, 392; French expedition and his defeat, 377; surrenders to the barons, 379; seals the Great Charter, 380; his faithlessness, 391-394; his death, 394; compelled by baronage to agree to articles 12 and 14 of the Great Charter, ii.
Johnson, Dr. Samuel, his reports of parlia- mentary debates, ii. 474.
Johnston, Professor Alexander, on the Amer- ican constitution, i. 60.
Jones, Mr. Gale, imprisoned for libel, ii. 483. Judicial system, existence of private law courts before the Norman Conquest, i. 2c8; institution of circuits, 247, 258; growth of private law courts and of the curia regis, 248, 249, 515, 517, 590; use of the
Juxon, Bishop, made lord high treasurer, ii. 294.
KEMBLE, JOHN M., on the short duration of Roman influence in Engiand, i. 84; mis- trusts Cæsar's statements as to the Teu- tons, 91; on the theory of aggregation, 105; on slavery, 127; on kingship, 129; on the kingdoms of Kent, 146; on the power of the bretwalda, 153; on folkland and bookland, 178; on the powers of the witan, 186 et seq.; on the frithbork, 198; on sac and soc, 209.
trial by battle, 256, 309, 311, 322, 446; | Jutes, in the homeland, i. 116; their settle- practice of general and special summons, 290, 352; arrangement of circuits, 315; the Old-English, 315, 316; after the Norman Conquest, 316 et seq.; recognitions substi- tuted for trial by battle, 330; summons defined by the Great Charter, 352, 416, 433; attack on private law courts by Henry II., 407; judicial functions of the justices of the peace, 453, 454; ii. 193, 194; judi- cial business of the king in council cur- tailed by the law courts, ii. 3; law courts supervised by the star chamber, 181; ten- ure of judges from Elizabeth to James I., 240; independence of judges assailed, 240, 241; use of the judges by Charles I., 281- 284, 288-290; irregular tribunals abol- ished, 307; ecclesiastical courts abolished, 308; reorganized, 344; question of tenure and salaries of judges in the Act of Settle- ment, 423; conflict between equity and common-law jurisdiction, 589; attempts to remedy, 589; report of judicature com- mission on, 589, 590; consolidated by the Judicature Act of 1873, 590; creation of the high court of justice and court of ap- peal, 590; their divisions, 590; established in the royal courts of justice, 591; procedure in the supreme court of judicature, 591. See also Courts (by name); Jury; Justices (itinerant); Justices of the Peace. Judicial system, in the United States, i. 47, 48, 68, 72-75; nature and power of the supreme court, 73; character of the circuit courts, 74.
"Juncto," use of the term, ii. 368, 441. Jury, its importance in the history of repre- sentation, 202, 207; presentment by, 204, 307, 308, 446, 450; authorities on, 204; grand jury, its beginning and development, 308, 320, 333; petty jury, 309, 310, 320; its origin and history, 281, 322, 323, 331- 333; qualifications of jurymen, 311; jury- men originally witnesses, 323; question of its right in libel cases, ii. 488, 493. Justices (itinerant), assessment of taxes by, i. 247, 258, 280, 317, 447, 483; their circuits organized by Henry II., 247, 258, 302, 318, 447, 448; procedure of, 318-320, 483; visi- tation of, under Richard I., 360, 361; their circuits regulated by the Great Charter, 388; their duties under the Statute of Glouces- ter, 407.
Justices of the peace, Henry VII.'s act in- creasing authority of, ii. 30; supervise poor relief, 190; assess the highway rate, 192- 194; hold courts of quarter sessions for lesser offences, 192; rise of, 574. See also Judicial System.
Justiciar, growth of the office of, i. 244, 245. Justus, his mission to Britain, i. 155; ap- pointed bishop of Rochester, 156.
Kenilworth, dictum de, i. 404. Kent, two kingdoms in, i. 146, 170; first Teutonic kingdom in Britain, 150; the first Christian kingdom, 155; revolt in, against poll-tax, 509.
Kenyon, Lord, decision in the Stockdale case, ii. 491.
Ket, Robert, ii. 121.
Kiersi, capitulary of, i. 224. King v. Williams, i. 332.
King, nature of his power, i. 109, 130; Taci tus on, 109, 128, 174; change from ealdor- man to, 129, 151, 174; claims divine origin, 114, 129, 175; ii. 412; distinction between him and the ealdorman, 130, 173, 175, 199, 213; growth of his power, 131, 172, 181, 212; his private estates, 138, 178, 182; estates held by, as king, ib.; his power subject to the will of the witan, 175; succession of, limited by the right of election, 175, 189, 513; in Britain, an outgrowth of the Conquest, 175; as set forth in laws of Alfred, Eadward, and Eadmund, 177; recognized as the lord of his people, 177, 181, 208; becomes the "Fountain of Justice," 177, 256; his en- croachment on folkland, 178, 181, 188, 233; later relation of, to the witan, 181, 182, 186; his wergild, 181, 196; his increased revenues, 182; right of the witan to elect and depose him, 189, 190, 504; influence of his personal character, 213; his struggles with the nobles, 213, 214; among the Franks, 222; his twofold character after the Conquest, 232, 233; becomes supreme landlord, 238; his joint action with the witan, 240, 345, 437; elective principle gives way to hereditary, 241, 513, 585; i 412; his right, 241, 513, 585; the witan subservient to, 242; the "Fountain of Jus- tice," 246, 256, 316, 335; his judicial su- premacy in council, 249, 252, 256, 257; his oppression causes the struggle for the charters, 336, 358, 425, 426, 444, 589, 590: not an estate, 337, 338; his power reaches its limit, 381, 382, 424; legal fiction that the king can do no wrong, 397, 498, 504. 542; his hereditary rights fully developed,
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