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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

116.

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.

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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.

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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.

i. 398.

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,

ii. III.

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

treason, 40.

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,

ib.

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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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