and, 41, 42.

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.

Hue and cry, ii. 197.

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.

use

Industry, effect of the growth of, ii. 507.
Ine, king of the West Saxons, his power, i.
165.

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.

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

trial by battle, 256, 309, 311, 322, 446;
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, i. 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.

Jutes, in the homeland, i. 116; their settle-
ment in Britain, 150.

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 frithborh, 198; on sac
and soc, 209.

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; ii.
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,

405; his relations to parliament, 423, 427,
496, 525, 526; his early monopoly of
administrative power, 492; distinction be-
tween his ordaining power in council and
enacting power in parliament, 496, 543; his
powers limited by the lords ordainers, 499;
right of parliament to depose, 504-506, 513,
517; bill for reform of his household, 510,
522; Sir John Fortescue's theory of, 561;
autocratic power of, revived, 576 et seq.;
hereditary right claimed by house of York,
577, 585; sources of his revenue, ii. 5; his
feudal incidents, 6; his power under the
York and Tudor houses, 19; his judicial
supremacy, 24; exercises supreme power of
the state in council, 35; interferes with
justice, 36; proclamations given the force
of law, 90; general effect of Cromwell's
policy upon, 99; civil and ecclesiastical
powers vested in, 100; defines church
principles, 101; principles of succession,
104; Old-English principle of election,
104; ecclesiastical election, 104; estab-
lishment of territorial kingship, 105; office
of, regarded as descendible estate, 105;
doctrine of representation applied to the
succession, 106; ceremonials of election
become obsolete, 106; national assembly
asserts the right to regulate deposition,
106; assembly of estates deposes Edward
II. and Richard III., 107; parliament
changes the line of succession, 107; heredi-
tary right of succession stated by Edward
IV., 107; parliament regulates the succes-
sion during the reign of Henry VIII., 107;
Henry VIII. disposes of the succession by
will, 108, 210; use of torture by the Tudors,
166 n.; succession of one claiming title to
crown forfeited by an invasion or rebellion
in behalf of, 166, 167; supremacy in reli-
gious affairs denied by Calvinists, 169;
dominates council and parliament under
the Tudors, 198, 199; claim of the Tudors
to initiate all legislation touching the suc-
cession and the church, 204; conflict be-
tween Elizabeth and the commons over
succession, 205; claims the right to legis-
late concerning the church, 206, 207; as-
serts the right to control commerce and
trade, 208, 209; diverts the succession to the
house of Stuart by will, 211; the claimants
to succeed Elizabeth, 211 n.; James I.'s
theory of hereditary right of succession,
212; absolute power over religion denied,
222; right of laying imposts without par-
liamentary sanction questioned, 226, 230;
effect of Puritan revolution on, 321, 322;
office of, abolished by the Rump Parlia-
ment, 343; right of arbitrary commitment
denied to, 381, 382; question of the suc-
cession of James II., 383, 384; theory of
hereditary right stated, 393, supplemented

by the doctrine of passive obedience, 393,
412; James II. on the duties of, 394; ques-
tion of his dispensing power, 397-399, 404,
405; theory of the original contract with
the people argued, 412-414; must not be a
catholic, 413; the Declaration of Right on
the prerogatives of, 416, 417; hereditary
theory finally destroyed, 417, 418; the
creature of an act of parliament, 418;
question of his revenue, 419, 420; origin
of the Civil List, 420; Act of Settle-
ment provides for the necessity of com-
munion with state church, 423; foreign
wars in the interest of, forbidden, 423;
legal character as established by Bill of
Rights, 438, 439; restricted by the conven-
tional constitution, 439; first suggestion
that he is not responsible for acts of his
servants, 450; since George I., does not
attend cabinet meetings, 455; since Anne,
loses the veto power, 455; political author-
ity still inherent in the person of, 548-551;
question of the maintenance of his dignity
and household, 551-554; question of his
revenue, 552-554; endowed by law with
the right to deal with property as a private
individual, 553; limitation of his right to
choose the premier, 554; speech from the
throne, 560.

Kingdom, rice, formed by aggregation of
shires, i. 105, 123, 134, 145, 172.

King's Bench, origin, i. 284, 302, 315; trial of
Eliot and parliamentary leaders before, ii.
282, 283.

King's writ.

See Writ.

Kirk, Colonel, executes martial law in the
west, ii. 396.

Knaresborough, customs of the forest survive
at, i. 314.

Knighthood, a distinguished social class, ii.
200; compulsory knighthood, 200 n.; right
to represent the shires in parliament gives
way, 201; compulsory, abolished, 306.
Knights of the shire, summoned to parlia-
ment, i. 399, 402, 403; their election, 466,
467, 475, 574-

Knights' fee, system of, i. 295-297, 374; super-
sedes the hide as unit of assessment for
barons and knights, ii. 7.

Knox, John, effect of his teachings in Scot-
land, ii. 212, 213.

LABOR, Statute of Laborers, i. 570; ii. 121;
effect of breaking up of manorial system
on, 121; effect of Black Death on, 121;
peasant revolt of 1381 against restrictions
of, 122; effect of increase of sheep-farming

on, 122.

Laenland, its origin and attributes, i. 141–
143.

Laet, the, his position, i. 126, 127.
Lambeth, treaty of, i. 395.

"Lammas land," use of the name, i. 136.
Lancaster, duchy of, revenue from, retained
by the king, ii. 553, 554.
Lancaster, Earl of, ii. 110.

Lancaster, house of, secures the crown, ii.
5; fall of, 16; title acquired through parlia-
ment, 107.

Land, primitive Teutonic tenure of, i. 99 et
seq., 125, 134; common or waste lands,
103, 137; alodial, 126, 134-136, 139, 140,
411; subject to the trinoda necessitas, 133,
242; its tenure in England, 134 et seq.;
folkland, 132, 134, 138, 146, 188; family
land, 134, 136, 137, 139, 411; lammas
land, 136; bookland, 139-441, 188, 411;
use of, conveyancing, 149; laenland, 141,
142; origin of terra regis, 178, 312; feudal
system of tenure under the Franks, 223;
introduced by William the Conqueror, 233;
confiscation of, under William, 235 et seq.;
later military tenure of, not named in Domes-
day, 236; tenure of, developed by Norman
Conquest, 238; taxation of, before and
after the Conquest, 292 et seq.; under
Henry II., 358; under Richard I., 359,
362; its alienation restrained, 385, 411,
412; rights of freeholders guaranteed by
the Great Charter, 386; modern land-tax,
491; disposal of abbey, under Henry VIII.,
ii. 91; statutes on the sale and transfer of,
91; feudal restraints upon alienation re-
laxed, 95; statute of mortmain, 95; disposi-
tion by uses or trusts, 95; right of devise
revived, 95; bargains and sales facilitated,
96; right of devise legally fixed, 96; stat-
ute of limitations enacted, 96; superstitious
uses prohibited, 96; common recoveries
restricted, 97; common recoveries abol-
ished, 1834, 97; origin of chantry, 118;
chantry lands given to Henry VII., 119;
chantry, placed under the control of the
privy council, 119; question of enclosures,
122; abbey, not restored, 149; tenures
converted into free and common socage,
362; catholics disabled from inheriting and
purchasing, 429.

Landfyrd, the, survives in modern militia,
i. 312, 410.

Lanfranc, appointed archbishop of Canter-
bury, i. 259; his death, 271; his ecclesias-
tical policy, 339.

Lateran Council, abolishes trial by ordeal,
i. 309, 332.

Latimer, Lord, impeachment of, i. 441, 503.
Latitudinarians, given church sees, ii. 431.
Laud, Archbishop, assailed by Abbott, ii. 254;
favored by James I., 254; gains the con-
fidence of Charles I., 254; promotions,
254; becomes leader of Arminians, 254;
his principles, 254; on the Thirty-nine
Articles, 292, 293; persecution of Puritan
clergy, 293; his persecution leads to Puri-

tan exodus to America, 293; supplies a
new clerical element, 293, 294; attacked by
the press, 294; attempts to force uniformity
in Scotland, 295-297; impeached, 303;
ordinance of attainder issued against, 303;
executed, 303.

Law, supremacy of, in England, ii. 4; absence
of administrative, in England, 4; growth
of number of law officers, 19 n.; basis of
English, 144, 145.

Law courts. See Judicial System.
Leach, Dryden, case of, ii. 481.
Legal fictions, of William, as the immediate
successor of Eadward, i. 232, 235, 264, 266;
Sir Henry Maine's use of the term, 251;
that the king can do no wrong, 397, 498,
504, 542.

Legatine court, in England, ii. 55; proceed-
ings of, 55; revoked by Pope Clement, 55.
Legislation, process of, by counsel and con-
sent, i. 186; ecclesiastical, 187, 291, 427,
438; use of the term by Maine, i. 251;
forms of, 291, 292, 306, 307, 312, 329;
power of, exercised by the clergy, 344;
under Edward I., 405 et seq.; right of,
shared by the house of commons, 492, 494,
500; power of, exercised by the king's
council, 517, 518, 543.

Leighton, Legh, and Ap Rice, committee of
visitation, ii. 81.

Lenthall, Speaker, reply to Charles I., ii.
316.

Levant Company, ii. 225.
Lewes, battle of, i. 402; mise of, 403.
Lewis I. (the Pious), Emperor, division of
the empire under, i. 218.

Lewis VIII. of France, crown of England
offered to, i. 393; his invasion, 393; re-
ceives homage of the barons, 394; makes
treaty and withdraws, 395.

Lewis IX. of France (Saint), arbitrates be-
tween Henry III. and the barons, i. 402.
Leyburne, William, Admiral, i. 548.
Libel, law of, originated in the star chamber,
ii. 487; falls into the hands of the law
courts to try to retain both the power to
decide the law and the fact, 487, 488;
debates between Mansfield and Erskine
on, 488; Erskine's argument on, in the
St. Asaph case, 489, 490; in the trial of
Stockdale, 490, 491; Mansfield's exposition
on the law of, 490; discussion of, in par-
liament, 491-494; libel act of 1791, 492; of
1843, 493; present status of the law of,
493.

Liberty, changed conception of, resulting
from the Renaissance and Reformation, ii.
199; effect of the new spirit of, upon the
middle classes, 202.

Lieber, Francis, on the English government
of law, i. 516; quoted, ii. 3.
Ligh, Doctor, ii. 81.