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, k 577, 578; elective councils organized by the Ritchie Act, 578; Local Governmen Act transforms vestries into councils for 578; limitation on the ancient county court jurisdiction, 579; reorganization of th courts of, under act of 1846, 579; cut u for judicial and electoral purposes, 580. Cranfield, Lionel, Earl of Middlesex, a pointed surveyor-general of the customs, 250; urges the Spanish alliance, 250; i peached for malversation in office, 250, 2 Cranmer, Thomas, advocates the submiss of the question of Henry VIII.'s div to the canonists and the universitie 65; treatise on subject of Henry V divorce, 65; appointed primate, 71 Henry VIII.'s marriage with Catherine with Anne Boleyn, 71; sympathizes the protestants, 92; inaugurates the lish Reformation, 114; his scheme for form outlined, 115; his reforms resisted the bishops of London and Winches
Crew, Chief Justice, dismissed, ii. 263. Cromwell, Oliver, on the Grand Rem strance, ii. 313; aids in strengthening army, 325; aids at Marston Moor, 3 quarrel with Manchester, 327; reorgani the army, 327-329; appointed lieutena general, 328; on class distinctions and to eration in the army, 329; mediator betwe presbyterians and independents, 331; ur toleration for independents in letters Lenthall, 331-333; forced to seek refuge the New Model, 336; subjugation of I land and Scotland, 345; dissolves the Ru Parliament, 346; head of the council 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; est 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, ii. 355 republican opposition to, 355; new parliament called by, 355; sides with the army in its conflict with the houses, 355.
Derby, Earl of, passes the Representation | Dred Scott, case of, i. 75, 76. of the People Act, ii. 532, 535; proposal Dudley. See Empson and Dudley. to establish identity of franchise between Duke, dignity of, i. 436. county and town, ii. 533; succeeds Lord Russell, 534-
Dering, Mr., punished for printing his lea speeches in the commons. ii. 474.
De tallagio non concedendo, statute of, quoted, ii. 269.
the Devonshire, Duke of, insulted by George III., 0 ii. 502, 503.
Dialogus de Scaccario, i. 302, 314. aDicey, 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 uncil, 565.
y, K. E., on the nature of alod, i. 139; the manorial system, 179, 211; its rela- on to the hundred, ib.; on the trinoda cessitas, 188; on the development of the >mmon law, 238; on judiciary law, 415. ges, Sir Dudley, imprisoned, ii. 260. ceses, broken into smaller sees by Theo- ore of Tarsus, i. 160; councils of, 340; ;ubdivisions of, 341.
scoveries, English, in the sixteenth cen- tury, ii. 33.
spensing power. See King.
sraeli, Mr., introduces the Representation of the People Act, ii. 535.
ssenters, 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.
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 Athelred, 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
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 Æthelstan, 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 Ælfred, 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.
department of the privy council, 580, 581; | Eleanor of Provence, marries Henry III, the Elementary Education Act basis of modern system of, 581; creation of school boards, 581; sources of the school fund, 581; question of religion in the schools, 581; efforts to enforce school attendance, 582; free, under act of 1891, 582. Edward I., sides with Simon of Montfort, i. 402; his imprisonment and escape, 403; defeats Simon, 404; his accession, 405; his parliamentary reforms, 406 et seq.; his war with Wales, 406, 408; conquest of, 408; his legislative genius, 413, 415, 426; his model parliament of 1295, 417, 418, 466, 469, 480; his conquest of Scotland, 419; his quarrel with the clergy, 419; oppo- sition of the barons, 419-422, 498; his ar- bitrary measures, 420, 421; confirms the charters at Ghent, 422; his scheme for the clergy as an estate of parliament, 480, 481; regulation of customs and revenue under, 489; the founder of the estates system, 505; promises to the nation the right of taxing itself, ii. 13; begins the protective policy, 31.
Edward II., his regency, i. 422; right of the
commons to assent to legislation estab- lished under, 494; controlled by the Lords Ordainers, 499, 505, 544; deposed, 506, 552, ii. 107.
Edward III., bicameral system of parliament
finally established under, i. 479; social condition of England under, 506, 507; re- gency at his acccession, ii. 110; enactment against foreign militia service, 198. Edward IV., hereditary right of king fully developed under, i. 405; as earl of March, 558; victories at Mortimer's Cross, 559; becomes king, 559; his victory at Towton, 560; revival of the monarchy under, 576, 577, 579, ii. 17; his claim to the throne, 577, ii. 19; his policy of peace, 578, ii. 17; life-grant of the customs subsidies to, 578; his abuse of benevolences, 579, ii. 19; sci- entific perfection of the law under, 580, ii. 31; converts the council into an engine of tyranny, 581; encourages Caxton, ii. 34; states the doctrine of hereditary right of succession, 107.
Edward V., i. 583; struggle over the regency,
Edward VI., claims to the throne, ii. 107; protectorate of Somerset, 114; vagrancy act, 118; disposition of the chantry lands, 119; revolt against protestantism, 121; rebel- lion under Robert Ket, 121; disorder at the end of his reign, 130; dissolves the parlia ment of 1553, 131; his heirs, 131; attempts to regulate the succession by will, 132; death of, 132; forced to manage the com- mons, 202; use of an inner council, 368. Eikon Basiliké, publication of, ii. 345.
Election, freedom of, guaranteed, i. 406; ori- gin of principle of, 416; growth of, 450; of borough representatives, 471-474; quali- fications of electors in towns and cities, 474, 475; right of the house of commons to regulate, 526; sheriff's procedure in, regulated by the commons, 528, 531; con- tested elections tried by house of com- mons, 528, ii. 202; parliamentary, arbitrary use of the king's writ and the incorporation of boroughs causes deterioration in, ii. 464, 465; right of crown to limit the suffrage of boroughs by charter denied, 465; deci- sion of the house of commons as to fran- chise in borough elections, 465, 466; brib- ery and corruption in, 466-469; effect of the Nabobs on, 469; statutes against bribery in, 469; select committee in the house of commons tries contested, 472; abuse of the right of the house of commons to try contested elections leads to creation of committee of thirteen, 472, 473; Peel act on contested elections, 473; trial of contested elections put in the hands of the courts, 473; system of registration intro- duced, 530; reform bill of 1832 limits the time for keeping the polls open, 530; mea- sures affecting, in the Parliamentary Regis- tration Act, 532; Bribery Act of 1841, 532; Corrupt Practices Act, 532; provision of the Representation of the People Act in favor of minority elections, 535, 536; old system of voting in, 536; secret ballot pro- posed, 536; procedure in, regulated by the Ballot Act of 1872, 536, 537; effort to create equal electoral divisions, 538; elec- tors compared with the population, 538, 539.
Eliot, Sir John, enters parliament, ii. 237; made no speech on August 10 debate, 258 n.; idea of ministerial responsibility, 259; great speech impeaching Bucking- ham, 259, 260; imprisoned, 260; removed from office of vice-admiral of Devon, 262; discusses the religious question, 268; re- news the attack on Buckingham, 273; reso- lutions on taxation and religion, 278; arrested and imprisoned, 278; proclama- tion against, 281; claims parliamentary privilege and refuses to answer questions, 282; charged with conspiracy, 283; death, 284; his Monarchy of Man, 284; failure of attempt to deliver by habeas corpus, 382. Elizabeth, Queen, ii. 29; protective policy under, 31; birth, 72; sent to the Tower by Mary, 138; attempts to destroy her rights of succession, 143; popularity, 150, 151; state system of religious uniformity under, 152; her political temper, 152; influenced by William Cecil, 153; difficulties con-
fronting, 153; papal objection to her suc- cession, 153, 154; reorganizes the council, 154; catholic protests against her religious innovations, 156; refuses to send repre- sentatives to Council of Trent, 159; work for Anglican state church, 160, 161; re- enacts Act of Appeals, 160; evidences of toleration, 160, 161; change in her treat- ment of catholics, 161; scheme for her deposition, 163; excommunicated, 164; parliamentary protection, 164; fear of a catholic conspiracy against, 166; associa- tion formed for the protection of her life, 166; calls out the catholics against the Armada, 167; results of her persecutions compared with those of Mary, 167, 168; religious predilections, 170; final blow against opponents of the establishment, 173; authorized to govern the church through commissioners, 174; inaugurates forced contributions for the care of the poor, 189; creation of boroughs, 202; par- liamentary opposition to, on certain ques- tions, 202; conflict with parliament over the right of deliberation, 204-206; suspense of the nation as to her successor, 205; resists the commons' attempt to initiate legislation on church affairs, 206, 207; her grants of monopolies, 208, 209; yields to the commons as to monopolies, 209. Ellandun, battle of, i. 166.
Ellensborough, Lord, on freedom of the press, ii. 487.
Elliot's Debates, value, i. 61. Ellsworth, Oliver, i. 72, 73. Elton, C., quoted, i. 462.
Emma, her marriage with Æthelred, i. 214, 227; with Cnut, 227. Emphyteusis, its meaning, i. 223. Empire, the Holy Roman, identical with Catholic Church, i. 369; its continuity the key to medieval history, 369; relations with papacy, 369.
Empson and Dudley, ii. 29; executed for
Enclosures, i. 138; question of, ii. 122; stat- utes regulating, 122; evils of, increased by the dissolution of the monasteries, 123; Somerset appoints an Enclosures' Com- mission, 123; failure of the Enclosure Bill, 123; Ket demands the prohibition of, 123.
England, beginnings of the kingdom of, i. 10; union of its several kingdoms, 13; its con- stitution purely Teutonic, 13, 45; growth and continuity of representation in, 14; growth of her colonies in America, 15 et seq.; colonization companies organized by, 17-21; relations with her colonies, 25-27; why so called, 116, 169; its conversion to Christianity, 121, 155-159; kingdoms in, 124, 146-148, 151, 152; consolidation of
the kingdom, 169, 172; its constitution in the tenth century, 172, 173; divisions of the kingdom, 215, 216; description of, as given in Domesday, 265-267; life and unity preserved by the Norman Conquest, 268, 269, 281, 282; condition of, under Stephen, 276, 282; fusion of Old-English and Nor- man elements in, 278, 279; its ecclesiastical divisions, 340; interdict laid on by Inno- cent III, 371; how affected by Norman Conquest, 381; incorporation of Wales with, 409; social movements in, 508, 509; loss of her continental possessions, 555; Tyndale's translation of the Bible in, ii. 102; Coverdale's translation in, 102; ac- cepts Henry VIII.'s policy of separation from Rome, 133, 134.
English, the Teutonic constitution brought by them into Britain, i. 12, 13, 89, 90, 124; into America, 15; their colonizing power, 27; their conquest of Britain, 27, 85, 122, 148; difference from other Teutonic con- quests, 85, 155; Teutonic by race, 86, 124; their relation to Danes and Normans, 87; origin and history of their language, 87, 88; moral temper of, revealed in song of Beowulf, 113; remain heathens in Britain, 114, 155; origin of the name, 116; frag- mentary evidence of their conquest of Britain, 121; Christianity and early laws, 121; their early kingdoms, 124, 146–148, 151, 152; purely Teutonic, 124.
English institutions, authorities for their Teutonic origin, i. 123.
English language, its origin and relation to other tongues, i. 88; a Teutonic language,
Enquête, supplants inquest by proof in France and Normandy, i. 331. Enquiry, articles of, ii. 116. Entick v. Carrington, ii. 482. Eorl, as opposed to ceorl, i. 126. "Equity," Sir Henry Maine's use of the term, i. 251.
Erasmus, ii. 34; and Henry VIII., 39; pro- tests against spirit of conquest, 42. Erskine, Lord, speech on dean of St. Asaph's case, ii. 489, 490; in the Stockdale trial,
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