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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,

541.

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.

Tariff, i. 491.

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-

1

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.

Theow, i. 127.

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.

Tithes, ii. 97 n.

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.

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Tolls, i. 361, 488.

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.

92.

Travers, Walter, his Book of Discipline, ii.

171.

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,

i. 47.

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.

190.

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.

Vill, the, i. 222.

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-

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