Crown- 627; declaration to be made by King or Queen on succession to, ib. and 628, n.; legal prerogatives of the, 646; resolutions of Mr. Dunning on the influence of the, 655; revenues of, 660.
Crown debts, clause as to, in Magna
Crown lands placed at the disposal of parliament, 663, and n. Curia Regis, its administration organ-
ized, 79; reorganized by Henry II., 87; its constitution and powers, 145 -title of its members, 146, n. 1; its changes under Henry II., 150; its division into three courts, ib.-mean- ing of the words, 151, n. 1, 210. Custodes pacis, office of, 182. Cyning, or King, title of, assumed by
the Teutonic leaders, 7; meaning of the word, 26, n.
DAMAREE and Purchase, case of, 361, n.
Danby (Thomas Osborne, Earl of), case of the impeachment of, A.D. 1679, 497-99, n.
Danby's party, 1688, their opinions, 616.
Danegeld, cost of mercenary troops de- frayed by a, 72 and ib. n. 1; revived by Richard I., 93; the nature of, 146 and ib. n. 2.
Danes closely allied in race, language, &c., to the Germans, 3; invasions of the, hasten the consolidation of the various kingdoms, 9; similarity of their institutions to those of the Eng- lish, 10; limits of their occupation defined by the treaty of Alfred and Guthrum, 10; reduced to submission, ib.; fresh attacks from, 11; English royal house supplanted by the, ib. Darnel (Sir Thomas), case of, A. D.,
theory a breach of privilege, 688; political results of reporting, 689; right of a newspaper to publish a fair and faithful report of, determined, 691.
Debt, pleas of, King's court to have jurisdiction over, 90.
Declaration for Liberty of Conscience, issued by James II., 1687, 612; its motive mistrusted by the Noncon- formists, ib. ; a second one published, 613; ordered to be read in all churches, ib.; petition of the Seven Bishops against this order, ib.; their imprisonment, prosecution, and ac- quittal, ib.
'Declaration of Right,' drawn up, 1688-9, 619; embodied as an Act, "The Bill of Rights," 621.
'De Haeretico Comburendo,' enacted on the petition of the clergy alone, 232, n. I; the statute passed, 2 Henry IV. c. 15, 379-abolished 29 and 30 Car. II. c. 9.-380, n. I. 'De Mercatoribus,' Stat. 11 Edward I., 227.
De Montfort's parliament, A.D. 1265,
not the origin of popular representa- tion,' 215.
De Montfort (Simon), founder of the House of Commons, 220-admits representatives of towns, ib. career of, ib. n. 4.
Denalagu, the, region where the Dan- ish law was in force, 10.
De odio et atia writ, to be given gratis, 117. Derby (Earl of), on the House of Lords
and public opinion, 670, n.
'De Tallagio non Concedendo' not an actual statute, 236 and ib. n. 3. Digges (Sir Dudley), committed to the Tower by Charles I. 512; deserts the popular party, 527-made Master of the Rolls, ib.
Disfranchising statute, the first, 8 Henry VI. c. 7, 313. Dispensing power of the Crown, 289; the prerogative assumed by James II., 610; decision of the judges in favour of it, 611; its exercise declared ille- gal by the Bill of Rights, 623. Dissenters. See Nonconformists. Dissenters' Marriage Act, 1836, 696. Divine right of Kings, theory of the, 463; adopted by the hierarchy ib. n. 2; elaborated into a system by Filmer, ib. n. 3. Domesday Book, 56, n. 1.
Domesday Survey decreed, 55; its quick completion, fulness, and accu- racy, 56.
Dover, the secret treaty of, 1670, entered into by Charles II. with Louis XIV., 596.
Duces, leaders in war, authority based on personal valour, 5. Dunning (Mr.), his celebrated resolu- tions, 1780, on the influence of the Crown, 655.
EADGAR crowned King of all Eng- land, 10.
Eadward the Confessor recommends
Harold to be his successor, 45; laws of, renewed by William the Con- queror, 66; and granted to the nation at large by Henry I., 76. Ealdorman, a title of the Teutonic leaders, 7.
Earldoms, power of the great, under
Cnut and Eadward the Confessor, 44; abolished, 57.
Earls, jurisdiction of, restricted, 57. Ecclesiastical abuses, 384; statutes in restraint of probate fees and of mor- tuaries, 387; of pluralities, non-resi- dence, and clerical trading, 388; of the citation of persons out of the diocese in which they reside, 392; of appeals to the Pope, 394. Ecclesiastical affairs in England in- fluenced by those in Scotland, 433. Ecclesiastical appeals not to go further than the archbishop, without the King's consent, 92.
Ecclesiastical causes, Court of Com- missioners for, established by James II., 611. Ecclesiastical courts, established by William the Conquerer, 70; juris- diction of, 90; appeal from the, to Rome, forbidden, 395; the course of appeal regulated, ib. ; commissioners to hear and determine finally ap- pointed, 396; termed the Delegates of Appeals, and only superseded by 2 and 3 William IV., C. 92, ib. n. 1; bill introduced into the House of Commons for the reform of the, 447; deprived of the power to inflict fine, imprisonment, &c., 553
Ecclesiastical divisions, 21. Ecclesiastical elections only nominally free, 103.
Ecclesiastical polity of Elizabeth, 411.
Ecclesiastical Preferments: right of the
Pope to nominate to; conceded by John, 370; greatly abused under Henry III., 371.
Ecgberht, King of the West Saxons, 9. Edward I., A.D. 1272-1307, our Eng- lish Justinian, 184; preferred great councils to parliaments, 225; his first general parliament, 1275, ib.; his capacity for government, 233, n. 1 ; a grand remonstrance presented to, 234; confirms the "Confirmatio Chartarum." Edward II., A.D. 1307-27, his de- position the work of the barons, sanctioned by parliament, 243. Edward III., A.D. 1327-77, his ille- galities and disregard of constitutional formalities, 245-250.
Edward IV., A.D. 1460-73, elected King, 199; long suspension of parlia- ment during his reign, 329; forces contributions under the name of benevo- lences from the richer classes, 329. Edward VI., A.D., 1547-53, the re- ligious reformation under, 409. Election, the principle of, introduced, 96. Election and representation, at an early
period familiar to the nation, 214. Elections, systematic attempts to in- fluence, 284; right of the Commons to determine contested, 306, et. seq.; election cases, 308, et. seq. ; abuse of the exclusive jurisdiction of the Com- mons in, 312; trial of controverted, transferred to the Judges of the Sup. C. L. Courts, ib.; qualifications of members for boroughs, 316; the elec- tors in boroughs, ib. et. seq.; open interference of the Crown in, 368; first precedent for the punishment of bribery at, in Long's case, A. D. 1571, 455; interference of James I. in, 465; the House of Commons vindi- cate their right to determine contested, ib; answers of constituencies sought to be influenced by James I., 473, n. 2. Electors, the Commons claim the right to determine the rights of, 310, et, seq.; contest on this subject with the Lords, 311; case of the Aylesbury men,' ib. ; first statutes regulating the qualifications of, 312.
Eliot, Hollis and Valentine, case of, 5 Charles I., 298.
Eliot (Sir John), committed to the Tower by Charles I., 512; again with other members of parliament im- prisoned and fined, 526-7 and 16, n. 1.
Elizabeth, A.D. 1558-1603, her title to the Crown, 203; question as to her legitimacy, ib. n. 1; Act passed on her accession, 204; importance of the period spanned by her reign, 411; her government despotic, ib.; her ecclesias- tical polity, ib.; enforces strict con- formity to the established religion, 417; her title to the throne purely parlia mentary, 421; Bull of Pius V. ex- communicating, 422; plots against her life, 426; statute passed for her protection, ib.; Romish tendencies of, 429, n. 1; civil government of, 434; her economy, 440; her conflict with parliament as to the succession, 443.
Empson and Dudley, agents of Henry VII.'s extortions, 343; executed by Henry VIII., ib.
English (The), origin of, I; constitution
of the nation, 7th to 11th century, 11; revenge themselves on local tyrants by assassination, 67; support William Rufus against the baronage, 75; their faithful support of Henry II., 85. English institutions, gradual develop- ment of, 43.
English language and institutions, in-
herited from our Teutonic ancestors, 3. English laws confirmed by William the Conqueror, 67; representative men appointed to report on, ib. 'Englishry,' famous law of, founded on stat. of William the Conqueror, 67. Entail, law of, 337, n. 1.
Entick v. Carrington; general search warrants declared illegal by Lord Camden, 1765, 703.
Eorl, distinction between the, and the Ceorl, 22; title probably of Jutish origin, 25, n.; the word, supplanted by thegn, 26.
'Equitable jurisdiction,' Lord Camp-
bell's definition of the meaning of, 169. Escheat and forfeiture of lands, 62. Exactions of Henry VII., 341. Exchequer, The, constitution of the
Court of, 146; title of members of, zb. n. 1; derivation of the name of, ib.; sources of income of, 147; fiscal matters confined to the, 150 and 151,
Exchequer Chamber, Court of, 151. Excise, on beer and other liquors, im- posed by parliament, 582. Excommunication, no tenant or officer of the King to suffer, without his con- sent, 19.
Excommunication from Rome, penal statute of parliament providing against, 375.
Ex-officio, the oath, 431.
FALKLAND (Lord), supports attain- der of Strafford, 496, n.; made Secretary of State, 567-569. Ferrers (George), member of parlia- ment 1543, arrested, released by the authority of the Commons, 301-2. Feudalism, germ of, in the relation be- tween the princeps and his comites, 6 ; its gradual establishment, 49; be- comes general, 50; general through- out Europe, 51; its origin and growth, ib.; Church lands become subject to, 52; growth of in England, ib.; the two chief elements of, 53; difference between English and Continental, 54; in England a system of tenure only, not of government organization, 55; struggle between royalty and, 74; decay of, 102.
Field (Bishop of Llandaff), impeached A.D. 1621, 494.
Filmer (Sir Robert), his famous 'Patri- arca,' 463, n. 3.
Finch (Lord Keeper), advises the exten- sion of ship-money' from seaports to the whole kingdom, 533; his judgment in Hampden's ship-money case, 538; impeachment of, 548. Fines on alienation, 61.
Fines ordered by Henry I. to be assessed according to the old English laws, 76; 'pro respectu militiæ,' introduced by Edward I., 148; the remedial statute De militibus, 149; not abolished until the reign of Charles II., ib.
First Fruits annexed to the Crown, 401. Fisher (Bishop), refuses to take the
oath desired for the maintenance of Henry VIII.'s Royal Succession Act, 400.
Fitzharris (Edward), case of the im
peachment of, A.D., 1681, 499-500, n. Fitz-Peter (Geoffrey), Earl of Essex, appointed justiciar, 96.
Five Members, the impeachment and attempted arrest of, 567; articles of the impeachment, 568, n.; illegality of, 569; preparations made for the arrest of, 570; arrest attempted by the King with an armed force, 572; thwarted by the withdrawal of the Members from the House, ib.; design of the attempted arrest, 575; the real cause of the war, 576.
Five-Mile Act, 1665, 600. Flambard (Ranulf) justiciar in the reign of William Rufus, 74.
Fleming (Chief Baron), judgment in Bates' case, 472.
Floyd (Edward), violent proceedings of the House of Commons against, 496- 502. Folkland, 12, 13; becomes terra regis,
14; King assumes the right of dis- posing of the, 53.
Foreign merchants granted liberty to travel or dwell in England by Magna · Charta, 131.
Foreign service, barons deny their lia. bility to, 234.
Forest Courts, compulsory attendance at the, abolished by Magna Charta,
Forest Laws, Charter issued by Henry III., 137; the clauses of Magna Charta, ib. n. 2; harshness of those intro- duced by William the Conqueror, 68; introduction of, traceable to Cnut, ib.; Henry I. upholds the, 77; revived by Charles I., 528; heavy fines in- flicted for alleged encroachments, ib.
Forests, those made by Henry I. re- stored to the realm by Stephen, 82; extensions of the royal, annulled by the Long Parliament, 553. Forfeiture, lands of convicted felons liable to, 62; abolition of, for treason or felony, 364, n. Fox's India Bill, 1783; Lord Temple authorized by George III. to protest against it in his name, 653; indigna- tion of the Commons at this conduct, ib.
Fox's Libel Act, 1792, 705.
France, disastrous war with, entered into by Charles I., 515. Franchise, popular basis of the, under Henry IV., 313; restriction of the, 8 Henry VI., ib. (See Reform.) Franchises, or liberties, private, 36. Frankalmoign, or free alms, 58. Freedom of speech, inherent in the constitution of parliament, 294; vio- lation of, in Haxey's case, 295; Young's case, 33 Henry VI., 296; Strode's case, 4 Henry VIII., ib.; claimed by the Speaker in 1541, 297; the privilege of, often violated, ib.; case of Eliot, Hollis, and Valentine, 5 Charles I., 298; confirmed by the Bill of Rights, ib.
Freedom from arrest, a privilege of
Freedom from arrest-
parliament, 299; cases 300-305; speech of Henry VIII., 302; first legislative recognition of, 304; abuse of the privilege of, ib.
Freehold or Free Socage, tenure in, 63. Freemen broadly divided into eorls and ceorls, 22; must be attached to some superior, 23.
Free Socage or Freehold, tenure in, 63.
French Revolution, reaction in the growth of liberty of opinion caused by the, 705.
Frithborh (the), or Frank pledge, 34. Fuller (Nicholas), Bencher of Gray's Inn, imprisoned for his argument in the case of two Puritans, 490, n. I. Fyrd, the, 178; revived, 179.
GAME Laws, the, sprung from the Forest Laws of William the Con- queror, 69.
Gaunt (John of, Duke of Lancaster), unpopularity of his administration, 254.
Gavelkind, tenure in, 65. General warrants declared illegal, 1765, 703.
George I. and II., their indifference to English politics, 641; effect on the development of the constitution, ib. George III., A.D. 1760-1820; his long struggle against the ministerial system, 649; disastrous effects of his policy, ib.; his wretched education, ib.; his determination to govern, ib.; his secret counsellors, 650; his arbitrary measures, 651; organizes an opposi tion to his ministers in parliament, 652; his great influence during Lord North's administration, 653; pre- pared to use the royal veto against bills, 654; abruptly dismisses the Coalition Ministry, 655; his critical relations with parliament, ib.; makes William Pitt premier, ih.; his per- sonal influence diminished, ib.; his refusal to pass any measure for the relief of the Roman Catholics, 656; his dislike of Fox, ib. Gerefa, the, probably chosen in the folkmoot, 17, n.
German element pre-eminent in the English people, 1.
Germans, military valour of the, 6; respect paid to the women, ib.; women celebrated for chastity, ib.; the tie of kindred strong, ib. Germany, in the time of Tacitus divided amongst independent tribes, 4. Gesith, the, 22.
Glanvill (Ranulf) justiciar in reign of Henry II., 87, n. 2.
Grand Assize, the, instituted by Henry II., 87.
Grand Jury, the, development of, 160;
present composition of, ib. n. 3. Grand Remonstrance, the, laid on the table of the House, 1641, 559; Court opposition to it, ib.; seven days' de- bate on, ib.; carried by eleven votes, 560; Mr. Forster's description of, ib. ; its preamble and principal clauses, 561-65; motion to print it, 566; Mr. Palmer's 'protest,'ib.; ordered to be printed, 567.
Grand Serjeanty, tenure by, 63; of the same nature as the fiefs of office on the Continent, ib. and n. 3. Great Contract, the, proposed measure between James I. and his parliament, 478; falls through, 479. Greenwood (John), a clergyman, exe- cuted for writing seditious books, 432. Grey (Earl) vindicates the proposal of creating new peers to pass the Reform Bill, 670.
Grindal (Archbishop, 1575-6), seques- tered from his see, 430.
Grotius, the claims upheld in his 'Mare Liberum,' 532, n. I.
Guilds, analogous to our modern clubs,
18; origin of, ib.; the 'frith-gild,' ib.; the merchant guild, 19. Guizot (M.), remarks of, on the House of Commons, 240, n. I.
HABEAS Corpus, the essence of, con- tained in Magna Charta, 126; privi- lege of parliament not available in case of attachment for refusing to obey a writ of, 305; any person com- mitted by the Privy Council to have a writ of, on application to the King's Bench or Common Pleas, 552; the Act of, 1679, 589; review of the ancient remedies for illegal detention before the passing of, ib.; their inade- quacy, 590; provisions of the Act, 31 Car. II. c. 2, 592; of the Bill of Rights, and 56 Geo. III. c. 100, 594; Ander- son's case, ib.; 25 & 26 Vict. c. 20 passed in consequence, ib.
Hales' case, question raised of the dis- pensing power of the King, 611; de- cision of the judges in favour of the prerogative, ib.
Halifax (Charles Montagu, Earl of), case of the impeachment of, A.D. 1710, 500, n.
Hall (Arthur), M.P., expelled from the House, 455.
Hampden (John), refuses to pay 'Ship- money,' 533; his career, ib. n. i; proceedings against in the Court of Exchequer, arguments on the case, 534; judgment given for the Crown, 536; becomes universally popular, 538; his exertions at the elections to the Long Parliament, 546; the judg- ment of the Exchequer against, annulled by the Long Parliament, 551; his firm opposition to Charles I., 558.
Harold, Earl, recommended by Eadward the Confessor to be his successor, 45; elected by the Witan and crowned, ib.; defeated and killed by William the Conqueror, 46. Harrison's description of England, A.D. 1577, 458.
Hastings (Warren) impeached, A.D. 1788, 501, n.
Haxey (Sir Thomas), prosecution of, A. D. 1397, 279.
Henry I., 1100-1135, issues a Charter of Liberties, 75; its historical and constitutional importance, 77; ceives the support of the native Eng- lish, 78; marries a niece of Eadgar Ætheling, ib.; defeats his rebellious barons, ib.; his severity in punishing offences against the law, 80; his charter referred to at the council of St. Alban's, 105; his election to the Crown, 189.
Henry II., 1154-1189, accedes to the throne without opposition, 84; strength of his Continental posses- sions, 85 and ib. n. 1; the founder of the Angevin dynasty, 85; confirms the Charter of Henry I., 86; esta- blishes law and order, ib. ; his policy, ib.; two great constitutional results of his reign, ib.; strong individuality of, 86, n. 2; legal improvements made by, 87; his ministers, ib. n. 2; the administrative reforms of, 88; greatly augments the power of the Crown, 89; his contest with the clergy, ib.; his succession to the Crown, 192.
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