its communities, 445 et seq.; survives the Conquest, ib.; its Norman name, 447. Shire-moot, equivalent to the Continental hundred-court, i. 124; germs of represent- ative principle in, 143, 200, 202, 203, 303, 416, 450, 468, 484; primitive, survives in the hundred-court, 173; its constitution, 200; survives the Conquest, 202, 255, 304, 446; justices from the curia regis sit in, 247, 258, 280, 317, 360, 447; results of the union, 248, 258, 281, 315, 319, 335; continued by William the Conqueror, 254, 327; use of, by William Rufus and Henry I., 255; its ancient presidents disappear after the Conquest, 258; attendance at, enforced by fines, 304; attendants of, re- stored by Henry I., 305; composition for non-attendance at, 306; reorganized by treaty of Wallingford, 306. See County Court.
Shrewsbury, parliament of, 1511.
Sibthorpe, sermon in favor of Charles I., ii. 264.
Sidney, Algernon, convicted for complicity in the Rye-house plot, ii. 388. Siegberht, king of the West Saxons, deposed, i. 190.
Slaughter-house cases, the, i. 76. Slaves, under the Teutonic system, i. 97, 99, 126; in England, 126–128.
Smith, Adam, his Wealth of Nations, ii. 508; effect on Pitt, 508.
Smith, Lucy T., her definition of the gild system, i. 458.
Smith, Sydney, on the holding of boroughs, ii. 467.
Smithfield, persecutions at, ii. 143. Social contract, theory of, ii. 392; Hobbes
on, 392; Locke on, 393; theory con- demned at Oxford, 393, 394.
Society for Supporting the Bill of Rights, organized, ii. 496.
Society of the Friends of the People, on par- liamentary representation, ii. 470. Soen, meaning of term, i. 209.
Somerset, Edmund Beaufort, duke of, i. 555; his rivalry with Richard of York, 556; his death, 557.
Sommersett, James, case of, ii. 382. Sophia, marries the elector of Hanover, ii. 243; crown vested in, by the Act of Settle- ment, 422, 423. Southampton, Earl of, removed from the office of lord chancellor, ii. 113. South Saxons, converted by Wilfrid, i. 159. Sovereignty, Teutonic conception of, i. 9; tribal grows into territorial, 9.
Spain, the Spanish alliance, ii. 138; threat- ened invasion of England, 164; James I. proposes marriage alliance, 244; drives Frederick V. from Bohemia, 244; end of marriage negotiations with James I., 250. Speaker of the house of commons, election of, i. 480, 521.
Speech, freedom of, in house of commons, i. 522-524.
Spencer, Herbert, quoted, i. 8o. Spitalfields, demonstration of silk-weavers, ii. 495.
Stafford, Lord, trial and execution, ii. 385, 386.
Stamfordbridge, battle of, i. 230. Stamp Act Congress, the, i. 55. Standing army, ii. 18.
Stanhope, Lord, pamphlets on the reform of representation, ii. 520.
Stanley, Lord, impeached, i. 442, ii. 245. Star chamber, court of the, its origin, i. 252, 517, ii. 23, 25; older literature on the his- tory of, ii. 25 n.; its final form, 27; its pro- cedure, 27 its tyranny, 27; overawes the ordinary tribunals, 36; its vast powers as a court of original jurisdiction, 181; super- vision of the law courts, 181; censorship of the press, 181, 182, 379; puts the print- ing trade in the hands of the Station- ers' Company, 182; punishes libels, 182; powers extended by Charles I., 285; abol- ished, 306, 382; law of libel first adminis- tered in, 487.
State," use of the word, i. 1, 2, 96; the Greek conception of, 4, 6; Aristotle's view of, 4, 5; as a nation, 6, 8; modern conception of, 6, 10; formed by the union of hundreds, 107; described by Tacitus, 109. State assembly, the, described by Tacitus, i. 107, 108; in America, power of taxation, general and local, vested in, 43. Stationers' Company, monopolizes printing, ii. 182; authorized to destroy unlawfully printed books, 182.
Sohm, Rudolph, on the hundred constitution," i. 106, 107; on the principle of folkland, 138. Solicitor-general, right to sit in house of commons admitted, ii. 442, 443. Somers, John, chairman of the committee which drafts the Declaration of Right, ii. 414; on party government, 445. Somerset, Duke of (Hertford), sympathy for the laboring class, ii. 123; appoints Enclo- sure Commission, 123; end of his protec- torate, 124.
Somerset, Duke of, killed in battle of Tewkes- bury, i. 584.
Somerset, Earl of. See Carr, Robert.
Statutes, origin of, i. 494; distinguished from ordinances, 496, 497; of Marlborough, 404 of Westminster, 406; of Gloucester,
407; of Mortmain, 407, ii. 95; of Mer- chants, 409; of Winchester, 409, 410, 453; of Westminster II., 408-410; de donis conditionalibus, 410, 412; of Westmin- ster III., 412; of Laborers, 507, ii. 47, 121; de hæretico comburendo, 537-539, 572; quia emptores, 566; of Præmunire, 570, ii. 59; of Provisors, 570, ii. 59; of Staples, ii. 15; of Fines, 30; de asportatis religiosorum, 59; of Uses, demands for its repeal, 85; of Six Articles, 91-93; con- cerning Uses and Wills, 96; establishing the right of device, 96; of Limitations, 96; as to superstitious uses, 96; as to com- mon recoveries, 97; assuming care of the poor, 98; authorizing laymen to sue for tithes, 99; relating to bankruptcy, 99; of amendment and jeofail, 99; of Bridges, 191; of Winchester, military system per- fected, 197.
Steele, Sir Richard, expelled from the com- mons for libel, ii. 483.
Stephen, his accession, i. 276; anarchy of his reign, 276, 282, 565; his treaty with Henry of Anjou, 277; his death, 277, 283. Stephen, Sir James Fitzjames, on the local courts before the Conquest, i. 202; on the law of impeachment, 442; on the estab- lishment of religious liberty in England, ii. 430.
Steward, lord high, office of, i. 243, 440. Stockade, trial, ii. 490, 491.
Storie, John, punished by house of com- mons, ii. 203.
Stow-on-the-Wold, defeat of Astley at, ii. 332.
Strafford, Earl of. See Wentworth, Sir Thomas.
Strickland, reprimanded, ii. 207. Strode's case, i. 523.
Stubbs, Bishop William, on the character of Teutonic settlement in Britain, i. 12; on the Teutonic element in Italian consti- tutions, 83; on the Teutonic origin of the English constitution, 90; on the position of the freeman in the Teutonic society, 97; on the village council, 104; on the development of the comitatus, 132; on the historical township, 137; on the merging of the alod in the bookland, 140; on the parish, 144; the hundred, 145; on the unity of the English Church as the model for the unity of the state, 161; on the origin of terra regis, 178; on tithings, 198; on the germs of representation, 202; on the trial jury, 206, on sac and soc, 209, 210, 457; on the beneficium, 223; on William the Conqueror's claim of kingship, 232; on the development of privy council,
252; on the condition of England under Stephen, 276; value of his sketch of Henry of Anjou, 278; on the fusion of Old-English and Norman elements in Eng- lish constitution, 279; on the reign of Henry II., 280; compares assizes with capitularies, 291; on the curia regis under Henry I. and Henry II., 301; on the Forest Courts of Knaresborough, 314; on representation in convocation, 344; his definition of the commons, 356; on the Great Charter, 381; on the status of the city, 458; on the relations of gild and town, 460; on the election of knights of the shire, 467; on the qualifications of electors, 494; his definition of the differ- ence between statute and ordinance, 467; on the judicial supremacy of the king, ii. 24. Subsidy, instituted, i. 491; grant of, for life, to Richard II., 511, ii. 16; to Richard III., 586; general, granted Henry VIII., ii. 41 ; as used by the Tudors, 41 n.; granted by parliament to James I., 245; their use dis- continued, 362.
Succession. See King.
Sudbury, borough, offers to sell its represen- tation to highest bidder, ii. 468. Suffolk, house of, claims to the throne, ii. 132, 211; claims ignored, 211.
Suffolk, William de la Pole, duke of, im- peached, i. 442; as earl, his leadership in council, 555; his fall, 555.
Suffrage, qualifications for, i. 473-475; limi- tation on, in New England, ii. 281. Sunderland, Lord, advises a parliamentary ministry, ii. 440, 441, 444; organizes first Whig ministry, 447.
Supplies, i. 501, 502; right of auditing ac- counts of 501, 502; grant of, 524, 525, 540,
Supreme Court of the United States. See Judicial System.
Survey, the Great, number of manors at time of, i. 253; based on hides and carucates, 295; result of a vast inquest, 326. See also Domesday.
Surveyors of highways, created, ii. 191; duty of, 191.
Swegen, king of the Danes, his invasion of England, i. 214, 234; his death, ib. Swiss Confederation, i. 49; influence of its federal union on the United States, 51; its requisition system, 52.
TACITUS, historic value of his Germania, i. 6, 7, 94; his description of the Teutons, 97 et seq.; records Teutonic mythology, 113; Angles mentioned by, 115; on family land, 136; on right of feud, 195.
Taine, H. A., his definition of the Teutonic conquest of Britain, i. 86; on the English constitution, 90. Talliage. See Taxation. Taltarum's case, i. 412, ii. 97.
Taswell-Langmead, on the position of the house of commons, i. 526. Taxation, inherent power of, not possessed by American corporations, i. 41-43; in England, its beginning, 187; Old-English, 292-294; probable origin of tamage, 293, 297; hide as a unit of assessment, 293, 297, 358; by the Norman kings, 294 et seq.; under Henry 11., 358; under Richard I., 359; opposition to, 361-363; imposi- tion of taxes in 1203, 1204, and 1207, 374; the fifteenth, of 1225, 396; impositions of 1295, 1296, and 1297, 418-420; regulation of, 427; affected by, the representative prin- ciple, 451; during the Norman period, 482; the primary cause of representation, 484, 485; transition from special to general consent in, 486; growth of the exclusive right of parliament to authorize, 486, 488, 490; imposition of a talliage, 1304, 487; origin of indirect, 488; talliage extinct, 488, 490; imposition of poll-taxes, 508; parliamentary right to authorize, secured, ii. 5; under William the Norman, 5; under Old-English commonwealth, 5; danegeld imposed by king and witan, 6; feudal incidents from the time of William the Conqueror, 6; danegeld compounded for by the towns, 6; Henry II. institutes scutage, 7; enforcement of the poll-tax of 1381 leads to the Peasants' revolt, 9; king deals separately with three estates, 10; transformation of feudal taxes into na- tional taxes, 13; history of benevolences, 29 n., 44; pressure of, under Henry VIII., 42; of parish for poor relief, 189; Tudor subsidies, 225; decrease in the value of customs met by increase of duty, 225; James I.'s impost on tobacco and currants, 225, 226; question of their legality, 226, 230, 237, 238; James I.'s revival of benevo- lences, 238, 239; summary of, under the later Stuarts, 395; benevolences revived, 238, 239; free gifts of Charles I., 264; ship-money revived by Charles I., 265; il- legal, forbidden by the Petition of Right, 269, 270; quarrel of parliament and Charles I. over customs, 284, 285; forms of royal taxation used by Charles I. 285, 286; ship- money as a permanent tax, 288; power of, declared to be in the king in parliament, 305; use of parliamentary ordinances, 323, 324; origin of the excise, 324; royal
taxation at Oxford, 324; use of excise, 324; laying of an hereditary and a tempo- rary life excise under Charles II., 362; imposition of hearth-money, 362, discon- tinuance of subsidies, 362; assessment sys- tem applied to the clergy, 362; general effect of commonwealth legislation upon, 363; as it existed under the later Stuarts, 395; excise as part of the royal revenue, 419; revenue derived from, to be expended by parliament, 420; Tudor subsidy super- seded by assessments, 433; assessment on incomes, 433; change in rate of assessment, 433, 434; Mr. Pitt makes William III.'s land tax perpetual, 434; tax on hackney- coaches imposed, 434; stamp duties intro- duced, 434; stamp duties applied to the press, 494; duties on paper, 494; triple assessment tax used by the younger Pitt, 511; income tax used by the younger Pitt becomes permanent, 511; revenues de- rived from, 556; consideration of, by the committee of ways and means, 561, 562; parish a unit for, 573. See also Aids; Customs; Scutage; Ship-money.
Temple, Sir William, ministry to the Hague, ii. 370; scheme for the reorganization of the privy council, 378; failure of his scheme, 378; conveys the king's wishes on the East India Bill, 506.
Tenants in chief, i. 179; name gradually dis- placed by thegn. See under Thegn. Terra regis, origin of, i. 178, 312; folkland passes into, 233, 236.
Test Act, effect of, ii. 370–372; violated by James II., 396, 397; repealed, 427. Teutons, description of them by Tacitus, i. 7; idea of the city never fully developed among, 8, 95, 101, 125; their tribes grow into nations, 8; their conception of sov- ereignty, 9; character of their invasions and settlement of Britain, 10, 12, 27, 122; character of their Continental conquests and settlements, 81 et seq.; Roman in- fluence on, 82, 83, 120, 122, 149, 150, 155; their conquests in Britain, 84 et seq.; their continued heathenism in Britain, 83, 155; contrasted with their other conquests, 86, 155; carry their institutions to Britain, 89, 120; description of, by Cæsar, 91-93; race traits of, 94; disconnectedness of their political organization, 95, 101, 102; distinctions of rank among, 97-99, 125 et seq.; ownership of land, 99-101, 125, 126; method of agriculture and division of land, 101-104; Teutonic society formed by aggregation, 104-106, 123, 124; state assembly of, 107, 108; elective kingship among, 109, 128; their military organiza-
tion, 110-112, 123; its likeness to their political system, 110, 112, 123; origin of feudalism, 111, 133; influence of their re- ligion on their national character, 112–114; influence of Teutonic mythology on na- tional character, 112, 113; limits of their conquest in Britain, 149.
Thegns, thanes, origin of the order, i. 131; supplant the old eorls, 132; effects of the growth of on the ceorls, 133; grants of bookland to, 141; nobility become tenants in chief, 179, 238, 242, 278, 295, 351, 352, 353, 432, 434; sit in the shire-moot, 305. Theodore of Tarsus, archbishop of Canter- bury, his organization of the English Church, i. 160; breaks up the great dio- ceses, ib.; his system completed under Eadward the Elder, 263.
Theodosian Code, supplies inquest by proof, i. 325; basis for punishment of heresy by death, ii. 146.
Thomas of Aquin, Saint, his defence of papal supremacy, i. 370.
Thomas of Bayeux, appointed archbishop of York, i. 259.
Thomas of London, archbishop of Canter-
bury, i. 284; first quarrel with Henry II., 285; second quarrel, 286; exiled, 286; his summons to the council of Northampton, 290.
Thomas v. Sorrel, case of, ii. 398, 399. Thorpe's case, i. 532, 533.
Thurloe, John, on Cromwell, ii. 354. Thurlow, Edward, contests the libel act, ii. 492.
Tindall, Chief Justice, use of the military in putting down riots, ii. 500.
Tithing, i. 197, 198; merges into the town- ship, ii. 184.
Tobacco, impost on, ii. 225, 226. Tocqueville, Alexis de, quoted, i. 1; on the grant of charters to New England colonies, 22; on the state-building in America, 28; on the constitution of the United States, 50, 66.
Todd, Alpheus, on the prime minister, ii. 510.
Tofig the Proud, bearer of the king's writ, i. 257.
Toleration, growth of, ii. 425, 431; effect of the preaching of Wesley and Whitefield on, 426; Toleration Act of 1689, benefit to protestant dissenters, 425, 426; Mans- field's utterances on, 426; of Unitarians, 426, 427; right of affirmation allowed, 427, 428; emancipation of the Jews, 428; as to catholics, 429, 430.
Tonnage and poundage. See Taxation. Tories, use of name, ii. 385; dismissed from office, 448, 449; weakness of opposition of, 456; impeachment of leading Tory peers, 456, 457; new party headed by Lord North, 502.
Torrens, W. M., on origin of cabinet govern- ment, ii. 450.
Torture, i. 582; used on Campian, ii. 166; history of its use, 166; use on Peacham, 239, 240.
Tostig, son of Godwine, earl of the Mer- cians, deposed and outlawed, i. 230; per- suades Harold Hardrada to invade Eng- land, 230; killed at Stamfordbridge, 230. Town meeting, functions, ii. 184; jurisdiction passes to the manorial courts, 184; parish vestry absorbs its duties, 185; question of revoking their charters, 388, 389; many voluntarily surrender their charters, 389; tendency to limit the suffrage in, 390; rise of self-elected governing bodies, 390. Towns, English, origin and growth of, i. 40, 41; their struggle for municipal independ- ence, 461 et seq.; representation of, 462, 465, 480; their purchase of commercial privileges, 462; right of election of magis- trates, 462; their reluctance to return members, 471; question as to who elected their representatives, 471, 473; various types of, 464; earliest representation of, 468; restriction of franchise in, 575. Township, its origin, i. 12; union of town- ships in England form the hundred, 27; in English colonies in America, 28 et seq.; its transitional stages in England, 30, 143, 144; equivalent to the village-community, 123; union of townships forms the early shire, 123, 145, 176; equivalent to the mark, 136, 191; its growth, 143; relations to the parish, 143, 144, 450; to the manor, 144, 179, 253, 450; its relation to the constitu- tion of the hundred, 457; the dependent, becomes the manor, 179; its system the basis of the municipal, 455; as the parish and manor, 456; its involved character, ii. 184; unit of organization in England, 184; secures police administration when tithing merges into township, 184; after the Con- quest, becomes the manor, 184; regarded ecclesiastically, becomes known as the parish, 184; parish secures its political functions, 184; in New England, 280. Towton Field, battle of, i. 560. Tractatus de Legibus Angliæ, i. 302. Trade, increase in, under James I., ii. 243. Transubstantiation, penalty for denying, ii.
Travers, Walter, his Book of Discipline, ii.
Treason, definition of, i. 511, ii. 77, 78; con- structive, i. 582; crime of, ii. 77 n. ; provi- sions of the Statute of, 77 n.; claiming the crown during Queen Elizabeth's life declared treason, 165; to withdraw others or to be withdrawn from the established religion, declared to be, 165; acts of Ed- ward VI. relating to, 177 n.; legislation concerning, 431, 432; statute for the pro- tection of those tried for higher treason, 432; acts of Edward VI. relating to, con- firmed, 432, 433; trial of a peer for, 433; law of constructive, a dead letter, 499, 500; modern statutes regulating the law of, 500.
Treasurer, the king's office of, i. 245. Treasury, department of, ii. 555, 556. Trevett v. Weeden, case of, its significance,
Tribes, connection of, with gentes, i. 3, 5; Teutonic, 7, 8; grow into nations, 8.
Triennial Bill, of 1694, ii. 421.
necessity for union, 64, 65; national and federal parties, 70; bicameral system adopted, 71, 72, 429; final organization of the Senate, 72; nature and power of the supreme court, 73; character of the fed- eral courts, 74; principle of primary citizen- ship, 77; admiralty jurisdiction in, re- formed, 551. See also America. Universities, coerced and bribed by Henry VIII., ii. 65, 66; attacked by James II., 401-403. See also Cambridge; Oxford. Utopia. See More, Sir Thomas. Utrecht, Peace of, ii. 449; impeachment of Tory peers for negotiations in, ii. 456. Uxbridge, peace commissioners at, ii. 332.
VACARIUS, teaches law at Oxford, i. 26. Vagrancy. See Poor Relief.
Vane, Sir Harry, to extend the powers of the Rump Parliament, ii. 346. Venderers, i. 449.
Verdun, treaty of, i. 218.
Verulam, Lord. See Bacon, Sir Francis. Vestry. See Parishes.
Trinoda necessitas, i. 133, 141, 188, 292, ii. Vicar, relation to the parish, ii. 185 n.
Troyes, treaty of, i. 552.
Tun, meaning of the word, i. 136. See Town- ship.
Tun-moot, the, i. 12, 30, 31, 124; its nature and power, 143, 173; its survivals, 191, 254, 456.
Turgot, on the cause of separation of the colonies from England, i. 27. Tyler, Wat, i. 509.
Tyndale, William, his translation of the New Testament in England, ii. 51.
“UNDERTAKERS,” ii. 236.
Uniformity, Act of, the second, ii. 126; de- vised by the earl of Clarendon, 364; its application, 365.
Unitarians, toleration extended to, ii. 426, 427.
United Provinces, i. 49; influence of their
federal union on the United States, 51; requisition system of, 52.
United States, primary origin of its federal system, i. 1; legislative power of, 46, 68; rests with the people, 47; a great ex- ample of the federal system, 49; not an imitation of Achaian League, 51, 74; in- fluence of Teutonic Leagues on, 51, 74; their union and independence, 55, 56; northwestern territory ceded to, 57, 58; the Articles of Confederation, 56, 57; fail- ure of the first federal constitution, 58, 59, 64, 65; the federal convention, 59, 60; the constitution formed, 59, 60, 67 et seq.;
Vici, of Tacitus, i. 96, 101.
Victoria, Queen, creation of peers by, ii. 247; deprived of the revenue of Hanover, 552.
Village-community, its equivalent forms, i. I, 3, 5, 7, 8, 27, 35, 143, 170; not exclusively Aryan, 3; its origin, 3, 100; union of, forms the city commonwealth, 5, 6; aggregation of, forms the hundred, 7, 8, 27; equiva- lent to the township, 123; early English, 128.
Village council, the earliest, the parent of Aryan senates, i. 101.
Villeinage, becomes obsolete, i. 510. Villiers, George, rise to power, ii. 242; be-
comes duke of Buckingham, 242; with Prince Charles in Spain, 250; his political training, 253; distrusted by the commons, 257; attacked by Eliot, 259; befriended by Charles I., 259; impeached, 259, 260; elected chancellor of Cambridge Univer- sity, 260; impeached by the earl of Bris- tol, 261; failure of his relief expedition for Rochelle, 266; renewed attack on, 273; assassinated, 275; committed to the Tower for contempt, 374.
Vinogradoff, Paul, does not support See- bohm's theory of the Roman parentage of the manor, i. 116.
Virginia, part of the London Company's grant, i. 18, 21; representative assembly convened by, I, 18, 21, 429; growth of independent government in, 20, 21; a typi-
« ՆախորդըՇարունակել » |