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serving the continuity of historical development-'a national middle class upon hereditary estates' (Gneist).

Hand in hand with these attempts at readjusting the Constitution upon a democratic basis, the Educational system has been extended. The Education Act of 1870 provided for the establishment of a School Board by the parish or district in cases where the school accommodation was insufficient, and where there were children, who for some reason or other did not share the education permitted in the voluntary schools. Compulsory attendance was enjoined by the Act. (In 1891 there were no less than 2,300 of such Board Schools.) The School Boards were not permitted to interfere with the so-called voluntary schools, nor could any of their teachers be a minister of any religious

sect.

This Act was the death-blow to direct clerical influence upon popular education. One striking effect of it, by arresting the Ecclesiastical power and influence in the direction of education, has been to cause the Church to contine its energies within its more specific sphere, and to concentrate them towards the realisation of the dream of an Ecclesiastical hierarchy in rivalry with that of the Roman Church.

Imperial Federation.—“Greater Britain" must be regarded as a proximate eventuality of the first order. Within the last decade a close federation of the Mother Country, England, and her Colonies, in both political and commercial respects, has become a question of international importance; for the closer alliance and connection between Great Britain and its dependencies would be tantamount to a restriction of the trade competition of other countries.1

The Colonial Conference, 1887, forms beyond all doubt the startingpoint of a new development. Statesmen from all English Colonies meeting together, accepted as the first basis of such a 'brotherhood,' the firm adhesion to the Mother Country. In this Conference numerous projects were brought forward, and were supported by a fair proportion of the representatives of the Colonial dependencies, as to the adjustment of the burdens incidental to such a vast scheme, yet all were agreed that a change of such magnitude and import was inconceivable until England itself had inaugurated a radical change or new departure in its principles of trade. This would seem to imply an abandonment of 'free trade,' or at least an essential modification of it.

1 Cf. Sir C. W. Dilke, Problems of Greater Britain, pt. 7; Webster, Trade of the World, chapter 12: Lord Dunraven, in Nineteenth Century, March, 1891; Britannic Confederation, papers by Sir J. Colomb and E. A. Freeman, 1892; C. J. Fuchs, Die Handelspolitik Englands (1893), and Tübinger Zeitschrift, No. 50,

p. 521.

644

Progress of Constitution since Revolution. [CH. XVII.

Yet these observations belong rather to the province of political economy than to that of Constitutional History; a reference to this scheme, which seems every day nearer accomplishment, is not, however, out of place, having regard to the changes in our Constitution which such a federation must necessarily bring about.

Trades Unions.-This mainspring of the English working-class legislation also deserves mention, foreign though it may appear to the subject. This combination has exercised, and is continually exercising, a great influence upon domestic legislation.' The German institution of National Insurance works well, in spite of all the hostility it has aroused, and such an institution is one of the later projects in connection with these Unions and Friendly Societies. Blackley's ' opinion is that Trades Unions and Friendly Societies are incapable of doing anything for the masses as such, and demands a National Insurance, more or less upon the German lines. For this the National Providence League would seem to give a fitting starting-point.

At the close of this note, embracing as it does but a brief outline of recent legislative activity, it must be remarked that nothing that has become law, nothing that has been introduced, has altered the fundamental principles and bases of the Constitution. Attacks have been made upon vulnerable points, but they have been resisted. The upheaval from below, the institution of Parish and County Councils, the attendant secularisation of the parish, and more or less of parish institutions, have not essentially altered the character of the Constitution. Reference has been made to these later innovations, not from the point of view of supplementing the author's work, which stands as it did, but from that of showing that the innovating spirit of the age is still restlessly vigorous, and is ever looking for vulnerable points in the Constitution to attack.

It may be that a new era of calm deliberation is before us; but to all outward appearance the dawn of the 20th century has in store a reconstruction of our Constitutional system foreign to its historical development.-ED.

1 On this question of Trades Unions and their kindred Friendly Societies, and the 8 Hours Agitation, vide a paper by W. L. Blackley, in the Nineteenth Century, 1878, and later in the press.

INDEX.

ABBEYS, Barons founders of, to have custody

of, when vacant, op.

Abhorrers and Petitioners, 513.

Act of Settlement, 184, 551; text of, 551-555.
Acts of Parliament, Private, how they origin-
ated, 151, . 1.

Acts of Supremacy and Uniformity, passed
1559, 633, 639; 1962, 525.

Addled Parl., 1614, dissolved. 421.

Administration, system of, under Norman and
Plantagenet kings, 121: right of Commons
to enquire into abuses of, 220, 231.
Advowsons, suits as to. 22.

Ager publicus, analogy of Folkland to, 12.
Agricultural Labourers, discontent of, with
landowners, 329.

Agriculture, means proposed for restoration of,!
at Peace of Wallingford, 72.

Aids, contributions from the tenant to his lord,
50; provision as to, made in Mag. Chart.,
95; not to be made except by common coun-
sel of the nation, 105.

Alcred, deposition of, 27.

Alford, Mr., M. P., speech of, on Petition of
Right, 451.

ALFRED the Great, styled only King of the
West Saxons in his will, 9; his character, 9,
n. 1; light thrown on the Land laws by his
will, 13, . 1; elected king to the exclusion
of his elder brother's children, 28; as a legis-
lator, 35

Aliens, their disabilities, denization, naturali-
sation, &c., 554, n. 1 (cf. 112).

Allen, Cardinal, founds Seminary at Douay,

374, n. I.

Altham, B., on legality of Proclamations, 419.
Amercements, 97, 136, n. 6; derivation of the
term, 97, and 93, n. 1.
Ancient English Laws, 35.
Ancient German polity, 5.
Anderson's case (writ of Habeas Corpus issued

into Upper Canada), 522, ".
Angevin or Plantagenet dynasty, the, 73.
Annates, Act restraining payment of, to the
Pope, 352, 355, n. 2 (annexed to Crown, 26
Hen. VIII., c. 3. 430).

Anne, Queen, her dislike of party government,
562, and . 1.

Annual Indemnity Acts, t. Geo. II. in favour
of Dissenters, 625.

Annual Parliaments, 226.

Appeal, Accusation, origin of this private
process, 103.

Appellate Jurisdiction Act, 191, n. 1.

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Arbitrary imprisonment, Stat. Pet. of Right,
3 Car. I. against, 454.

Archbishops, rank as high as members of
King family, 22; to be nominated by King's
congé d'élire, 355.

Armada, Spanish, 379. 326.

Arms, Protestants allowed to carry, for their
defence, by Bill of Rights, 545,

Army, Standing, supersedes ancient National
force. 17th cent. 15o; used by Charles to
overawe Parlament. 431: increased by Jac.
11., 532; sketch of military force in Eng-
land, 532, . 2, seg.: made illegal by Bill of
Rights, without consent of Parliament
[opposed t. Car. I., Car. II.. Jac. 11.; .
Will. III.; nation reconciled to, 1816; Earl
Russell on; Defoe on, ib.).

Arrest, freedom from, a privilege of Parlia
ment, 272; vindicated by Commons [t. Jac.

I.1, 409, and ib. n. 1.

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Ashby v. White, 1702, right to vote 282.
Ashford v. Thornton, 105.

Assassination practised by English on Nor
mans, 56; law of Englishry,' against, ib.
Assemblies, rebellious and unlawful, 3 & 4
Edw. VI. against, 325.
Assize, judges of, 132.

Assize of Arms, national militia revived by, 77 ;
requirements of the, regarding military ser
vice, 155; renewed and remodelled by Edw.
I., ib.

Assize of Clarendon [1156], 80, 132, 138.
Assize of Northampton (1176], 93.
Assizes, provision made by Mag. Chart. for,
97, 132.

Association of Christian Brothers, 344 Luther's
writings circulated by, 345.

Athelings, sons or brothers of king, 25; word
originally denoted noble birth, 16.; ranked
above nobility, ib.; penalty for violation of
their rights, ib.

ATHELSTAN, King, 10, 28.

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Attainder, Bills of, 267, and n. 4. 397; differ-
ence from Impeachment, 317, n. 5.
Attainder and torfeiture for treason or felony
abolished, 323, ".

Attaint, Writ of, jurymen liable to, 141:
abolished t. Geo. IV., 142; object effected
by new trial, ib.

Atwyll's case (17 Edw. IV.), freedom of speech,
273.

Audit of public accounts enacted by Parl.
(1341), 220.

Aurum reginae, payment of, 25.
Aylesbury men, case of the, 233.

Aylmer's Harborowe of True and Faithful
Subjects, 402 and 403, . 1.

Azo, his Summa' used by Bracton, 3, n. 5.

BACON, Sir Nicholas, Lord Keeper [on Parl.
Freedom of Speech), tot.

Bacon, Francis, Lord Chancellor, 402; advice
to Jac. I. for managing Commons, 422; im-
pea hed. punished, and imprisoned, 472:
Sentence remitted by James,

Ballot Act, 1972, 21, bar: Universities ev
empted ir m, 2, 77. 1.

Bank of England esta lished. 14, 315, . I.
Bankes, Atty,-Gen, argument of, in Hamp-
den's case, 471.

Ear, the, Jac. I. attempts to repress liberty of,

423, N. I.

'Baron,' a word of wide signification, 107.
Barons, unsuccessful insurrections of, 2. Will.

II., 64; [new men raised up as] by Hen. I.,
68; power curtailed by Hen. II. 75; and by
institution of Scutage, 76; obtain Mag.
Chart. for people, 86; refuse to follow John
on foreign service, 83, go; confederacy of, at
St. Edmund's, 91: offer crown to Louis of
France, 115; revolt of [1312, 1321), 223.
Barrow, Henry, executed for writing seditious
books. 383.

Bastwick, Dr., his trial with Prynne and
Burton, and sentence for publishing Elenchus
Papismi, 466; [sent to Scilly] by Star
Chamber, 467; popular sympathy for, ib.;
liberated by Long Parl., 482.

Bates, John, case of [Case of Impositions], in
Court of Exchequer, 1606, 414, 416, 456, and
n. 1 [from 571]; decision of judges subver-
sive of liberty, 414.

Battle, wager of, 56: trial by, superseded by
[Grand Assize], 76: demanded [1817], Thorn-
ton's case, 103; abolished [1519], ib.
Beard, William-with-the, or Fitz Osbert rising
under, 81.

Bedchamber Question, 1839, 586.
Bede's history of English conquest of Britain,

4. 1. 2.

Belesme, Robert de, Earl of Shrewsbury and
Arundel, forfeited and expelled kingdom, 67,
and ". 2.

Bell, Mr., M.P., [against] Monopolies, 1571,

395.

Benefices, John concedes to Pope [a veto on
institutions] to, 336; greatly abused, ib.;
Stat. of Provisors [1351], forbidding Pope's
nomination to, 337.

Benefit of clergy [t. Hen. VIII.), 344.

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544-549.

Bileting of Soldiers and Mariners, 454, M. I
Petit, of Right).

Bills of Attainder, 267, 317, and n. 5.
Bill, Petitions to Parl. assume form of Statutes
unler name of, 261: Money Bills originate
in Commons, 260; Peerage Fills in Lords,
Blsen, Bp. (watches Case of Commendams),

Births, Marriages, and Deaths, Civil regis
tration of, 183, 631.

Bishops: prominent members of Witan. 8;
arrest of the three, by Stephen, 72: petition
of Commons for scrutiny into Ecclesiastical
abuses referred to. 347 their answer and
Hen. VIII.'s criticism, ib.; to be nominated
by congé délire, 355; Oath of Supremacy
refused by [all but one], 371, and io. n. 2;
Bishops Act, 1566. 373: deprived of tem-
poral jurisdiction by Long Parl., 487 and
488, n. 1: Bills introduced in Commons for,
494, n. 1 (cf. 487); attempt to exclude from
House of Lords, 595, n. 1.

Bishops, the Seven. trial of, 1688, 143, 537;
their names, 537, n. 2; Macaulay on, ib.
Blair, Sir Adam, impeached, 1689, 438, n.
Bland, case of, 1585, 401.

Blount, Sir Thonias, Steward, Edw. II., 173.
Boeland. 12, . .

Bohun (Humphrey], Earl of Hereford, resists
illegal exactions of Edw. I., 212.
Boleyn, Anne, married, 346; Elizabeth born,
ib.

Bolingbroke, Henry St. John, Visct., case of
impeachment of, 1715, 435, .

Boniface VIII., Bull Clericis laicos, 211, 214;
claims to be feudal lord of Scotland, and
commands Edw. I. to withdraw his troops,
436; answer of English Parl., ib.
Boniface IX., struggle of Crown with [1391],

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Borough-English, a variety of tenure in bur
gage, 54.
Boroughs, Charters to, by Hen. I., 68: exten.
sively sold by Ric. I., 33; growth of repre-
sentation of, 193; qualincation of members
for, 289; electors in, ib. seq.; great creation
of Rotten Boroughs by Edw. VI., Mary, and
Eliz., 332; great majority of, venal, until
after Geo. III., 602.
Bosworth, battle of, 179.

Bet, compensation for injury, 24, 34.
Bracton, extensive borrowings from Roman
law in, 3, . 5.

Brétigni, treaty of, 1360, 236.

Bretwaldas, the, 8; Egbert, eighth king who
was Bretwalda, ib. ; etymology, ib. n. 3.
Breviarium, the. 3.

Bribery at Elections, attempt to prevent by 9
Anne, c. 5, excluding all bat landowners from
Commons, 238; rep. 1933, 16.; earliest pre-
cedent for punishment of, Long's case, 1571,
401; prices at which seats were openly sold,
602; measures for suppression of, 603
Bridges, no town or man to be distrained to

make, 113.

Brihtric, king. p isoned by his wife. 24.
Bristol, John Dizby, Earl of, refusal by Car.
1. ot writ of summens to, 447; complains to
Peers, .; charged with high treason, ib. ;
retaliates by impeaching Buckingham, i
Britons (The), driven to western parts of the
island. 1; hypothesis as to intermarrying
with English, 2, and . 1.

Bromley, Sir Henry, M.P., brings forward

Succession Question [7. Eliz.), 394: com.
mitted to prison, ib. Brownists, the (1603-4),
411, and . 1.
Buckingham, George Villiers, Duke of, case of
impeachment of, 1626. 433, ".; opposition
to. 445; speech of Sir R. Cotton against, ib. ;
King's message on impeachment of, 445;
impeached by Earl of Bristol, 447; assassin-
ated by Felton, 433, ".

Burdett, Sir Francis, case of, committed to
Tower for contempt of House of Commons,
613.

Burgage, tenure in, 53.

Burgh, the, and its organisation, 16.
Burleigh, Sir William Cecil, Lord, administra-
tion of, 389.

Burton, Henry, his pamphlet News from
Ipswich, 460; tried and sentenced with
Prynne and Bastwick, 467; popular sym-
pathy with, ib.; liberated by Long Parl.,
482.

Bushell's case, 1670, immunity of Juries estab
lished, 142.

Bute, [John, 1st Marq. of], his Administration,

1762, 578; fall, 579; continued influence
with King, ib.; dismissal, ib.
Bynkershoek, 469, n. 1.

Byron, Sir John (1st Ld. Eyron], Governor of
Tower, vice Lunsford [1641], 497-

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Cabinet-

secrecy of, 565; the Premier, 565. 563, n. ;
relations of Cabinet to Crown and Parlia
ment, 566, n.; to Houses of Lords and
Commons, ib. n.; three-fold capacity of
Cabinet Minister, ib. internal relations of
Cabinet, ib.

Calvert, Mr. Secretary, 431, 440.

Calvin, Richd., Post-nati case, 7 Jac. I., 413,
n. 4: 555, n.

Cambridge, (Univ. of), Vice-Chancellor de-
prived by Jac. II.. 536.

Campbell, Lord, Libel Act of 1943, 635.
Campian, Edmund, S.J., despatched by
Gregory XIII. to re-convert England, 377;
imprisoned, b.; executed, 373.

Canons, new, promulgated by (unconstitution-
ally prolonged] Convocation, 1645, 480.
Canterbury, double election to See of [1205),
Ca; set aside by Pope, ib.

Carleton. Sir Dudley (V.-Chamberlain of
Household, 1620), 447.

Carr's case, 1630 (Press Laws), 634, n. 1.
Cartwright, Thomas (Lady Margaret Prof.,
Camo.. 15) kads attack on Episcopacy,
:: pulsnes Limonition of Parlament,
Carrige. Danegold (revived) under form of
1. Ric I...

Case Commendams, 1515, 427,
Castle-quard (Mag, Chart.], 5.

Catherine, Queen. Hen. VIII.'s divorce suit
against. 345.

'Catholic Association,' the, 628.

Catholic Emancipation Act, 1829, 623.
Cecil. Mr. Secretary Robert [reports for Com.
mittee of Commons, 1593), 396.
Celtic element in English nation, 2.
Ceorls, the, 21, 23, 27; depressed prior to
Norman Conquest, 244, 245, n. 3.

Cerdic, ancient line of, supplanted for a time,
regains throne, 10.

Chamberlain of London v. Allen Evans (1767),
Lord Mansfield's Judgment in, 626, and .

2.

Chancellor, subordinate to Justiciar, 60;
introduction of title, T. R. E., 124; deriva.
tion of, ib., n. 1; growth of power, 125; rise
of jurisdiction, 145; equitable jurisdiction
of, 146, and n. 5 [extended t. Edw. II., iċ.];
[permanent, from 17 Ric. II., 1393, 150);
encroachments of, on jurisdiction of Com-
mon law, 149; statutes in restraint of, ib. et
seq.; office of, regarded with distrust by
Commons, 149-150.

CHARLES I., 1025-49: accession, 444; politi-
cal character, .; first Parl., f.; [second
Pari., 446] message to Commons on im-
peachment of Buckingham, ib.; [reply of
Commons to do., ib. ;) expedients to raise
money without Parl.. 445. 561; enforces
general loan, 448; third Parl., 1627. 449;
opening Speech, ib.; gives assent to Petition
of Right, 453 violates it, 456: [second
session of third] Parl., 1623-9, ib.; dissolved,
401; intimates determination to govern with-
out Parl., 462; the aggressor in conflict with
Parl., 453 [Case_o1} ship-money, 467 et
seq.; attempts to change Ecclesiastical con-

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