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INDEX.

ABINGDON (Lord), De Lolme dedicates his Essay to him, 2.
Acts of Parliament. See Bills of Parliament.
Admiralty, the first Lord of, 366.
America, its colonization and progressive advancement, 330, 361.
American Republic, its rise, 22; advantages, 191, 361; its claim to vote

supplies to the Crown, 330—332; its commercial and maritime rela-

tions with Great Britain, 357–359.
Anglo-Saxon dynasty, its foundation, 12; language and laws cherished

under the Normans, 18.
Anne (Queen), her accession to the throne, 263 ; dismisses the Duke

of Marlborough, 266.
Appeals in cases of murder, 74.
Aquilius, prætor, 107.
Archbishops in the House of Peers, 55, 56.
Arms, the sovereign's power limited with respect to it, 74, 75; the

crown not dependent on it, 292, 294.
Arms, the British, 285—288; subject to the civil authorities, 295.
Arrests, procedure of, 91–94.
Assemblies, popular, their disadvantages, 174; controlled by a few

leaders, 177 ; Tully's remarks respecting, 184.
Athens, arbitrary power of its magistrates, 189..
Aula Regis, the court so called, 18, 87, 89.
Bacon (Lord Chancellor) censured for corrupt practices, 240.
Barebones' parliament, 278.
Barons, their ancient privileges, 15 ; under the Norman rule, 17.
Benet (Sir John) expelled the Commone, 244.
Benson (Henry) expelled the Commons, 244.
Bill of Rights, origin of, 50; its sixth article, 74 ; ninth article, 78;

tenth article, 252.
Bills of Parliament originally only forms of petition to the King, 165,

341; when introduced in the form of Acts, 61, 341; the practice of
tacking them to money bills, 258; must be read three times, 184,
342; mode of transmission between the two Houses, 161, 342 ; royal

assent given to them either in person or by Letters Patent, 344.
Bills, private, explained, 343; introduced upon a petition, 344 ; mode

of procedure with them, ib.
Bishops in the House of Peers, 55, 56.
Blackstone (Judge) on the liberty of the press, 356.
Bohn (H. G.) on the copyright of De Lolme's Essay, 4.
Bolingbroke (Lord) on the Hanoverian succession, 51, 256 ; his idea of

a Patriot-King, 64.
Borough-English explained, 86.
Boroughs, rotten, their large number, 53, 144.
Bracton (John) his work, De Legibus et Consuetudinibus Angliæ, 85.
Bribery at elections, 55, 211.

BB

Briefs committed to special officers, 101.
Britton, or Breton (John), his Manual of the Laws, 86.
Burgesses, writs for their election, 54.
Busby (Dr.) his notice of De Lolme, 1.
Cabinet, its constituent members, 365.
Canada, its local Government, 364.
Censorial tribunal in Rome, 200.
Challenges of jury, 81 ; of two kinds—the array, and to the polls, 127 ;

or peremptorily, 128.
Chancellor (Lord), his authority, 110; official duties, 114, 366.
Chancellor of the Exchequer, his duties, 365 ; of the Duchy of Lan.

caster, 366.
Chancery, considered as an Equity Court, 104, 108, 112; proceedings

in, 109–116; in Scotland, 115 ; in Ireland, ib.
Charles I., notices of his reign, 42—45, 228, 238, 293, 295.
Charles II., his restoration, 46, 49, 212, 228; notices of his reign, 258, 314
Chartist meeting of 1848, 282.
Chatham (Earl of), his influence lost in the House of Peers, 151, 160.
Civil power superior to the military in England, 295, 298.
Civil and Common Law, their origin, 349–352.
Civil list explained, 69; historical notices of, 346–349.
Coke (Sir Edward) drew up the Petition of Right, 44 ; on the omni.

potence of Parliament, 352.
Colonial empire of Britain, 361-364.
Commander in Chief of the Forces, 366.
Committees, parliamentary, 185, 238.
Common law of England, its origin, 83, 349–352; procedure, 104, 355.
Common Pleas Court, 87.
Commons House of Parliament, its origin, 28, 59, 184; its limited pri-

vileges, 29; dawn of its legislative authority, 35, 227 ; when first
corrupted, 36; a representative assembly, 52 ; qualifications of its
members, 53; its functions, 57, 307 ; power of granting subsidies,
67, 72, 143, 166; government officials disqualified till re-elected,
79, 260; its Committees, 185, 238; taxation its sole right, 237 ; ever
ready to assert the rights of the people, 241 ; privileges of its mem-
bers, 243, 354; expelled members, 244; petition for to print their
journals, 265; seldom invades the prerogative of the Crown, 264;

freedom of debate, 185, 277, 280, 355; its omnipotence, 102, 352-355.
Commonwealth, state of affairs during its existence, 44–47, 277.
Conquest of William I., its effects on the Saxon dynasty, 13.
Constitution, English. See English Constitution.
Consuls, their creation and office, 220; their unrestrained power, 143, 233.
Convocation subject to the control of the Crown, 62; its revival unad-

visable, 66; its powers, 73.
Coote (Dr.), his character of De Lolme, 6.
Coronation oath, 75.
Corsica, a department of France, 329.
County Courts established, 350, 355.
Courts-martial subject to the civil power, 296.

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Coustumier de Normandy, 85.
Coventry (Sir John), Charles II.'s attack on him, 241; which caused

the Coventry Act to pass, 242.
Criminal judicature in England, 116–140.
Criminal laws mildly administered in England, 249 ; a singular instance

connected with the Popish plot, 251.
Cromwell and Charles I., 270; his parliaments, 277; his legal appella-

tion of Protector, 278.
Crown, its peculiar solidity in England, 266, 271, 280, 285 ; its prero-

gative to dissolve Parliament, 268, 310; its power not dependent on
the army, 292, 294 ; dangers on attempts to abridge its power, 317–

324 ; its dependence on the Commons for supplies, 324-332.
Debate, freedom of, secured by the Bill of Rights, 78; how conducted

in the English parliament, 57, 184 ; unlimited freedom permitted, 279.
Decemvirs appointed at Rome, 223, 223; their expulsion, 230.
De Hæretico comburendo statute abolished, 251.
De Lolme (John Louis), his life, 1-7; improvident habits, 3; elected

a member of the Council of Two Hundred, 4; his death, ib.; cha-
racter, 5; Essay on the English Constitution, 1, 2, 7; his other
works, 5; on the impartiality of the English judges, 247 ; his eulogy
on the English monarchy, 255; furnished articles to the “Public

Advertiser, under the signature of Advena, 332.
Democracies, ancient, 188-191.
Democracy not adapted for England, 45.
Digesta, or Pandectæ, Justinian's Code of Laws, 351.
Dissolution of parliament, its effects, 56; easily effected by the crown, 269.
Edward I., surnamed the English Justinian, 28-31.
Election committees, 80.
Election of members of Parliament, 211.
Elective franchise, precautions for preserving its purity, 55.
Elizabeth (Queen) her glorious reign, 40 ; her financial economy, 41, 346
English constitution, its principles investigated, 9-11, 310-313; the

eras of its formation, 13; wherein it originally differed from that of
France, 18; now fully developed in America, 22; its constituen
principles, 52; the boundaries it has set to the royal prerogative,
64–67; its admirable institution of trial by jury, 133 ; advantages
of its criminal code, 125–140; the unity of its executive power, 141 ;
its restraints on popular action, 147; in what respects it differs from
other free states in the execution of its laws, 229—300; the personal
freedom it permits to all ranks, 272; moral power of its laws, 285 ;
its military laws, 287 ; its stability not dependent on an armed force,
292-300, compared with the ancient republics, 301-316; the

period of its greatest theoretical perfection, 314.
Equity courts, proceedings in, 104-106 ; appeals from, to the House of

Peers, 114.
Exchequer court, 88 ; origin of the name, ib.; its chancellor, 89, 110 ;

chamber, 90: as an Equity court, 110.
Executive power defined, 60—79; its unity, 141-156 ; its advantages

in England compared with other free states, 229-252; its unity

and stability, 242 ; attempts to invade it, 258, 259; invested in the

Crown, 309.
Felton threatened with the rack, 132.
Ferrars (Sir Henry), circumstances connected with his arrest, 132.
Feudal system introduced into England, 14; into France, 15; its
maxims of government in England, 21, 34; its laws mitigated by

Magna Charta, 25; calamitous effects of it on the continent, 35.
Fief, the term first used, 15.
Fleta, a legal work, 86.
Forest laws imposed by William I., 17; partially abolished by King
· John, 25.
Fortescue (Chief-Justice), his work, De Laudibus Legum Angliæ, 83, 86.
Fox (Charles James) on the reign of Charles II., 314
France, changes during the last century in its government, 9; its

crown originally elective, 15; its parliaments, 121, 269, 279.
Franchise, elective, precautions for preserving its purity, 55.
Franklin (Dr.) on the American colonies, 330-332.
Freeman (liber homo), its meaning in Magna Charta, 26.
Frye (Lieutenant) tried by a court-martial illegally, 296.
Gansell (General) evades the sheriffs' officers, 297.
Gavel-kind explained, 86.
Geneva, its liberties destroyed by Napoleen, 10; its legislative assem.

blies, 163, 176; the right of remonstrance at, 209.
Grecian republics, their revolutions unfavourable to liberty, 225; seve-

rity of their criminal code, 249.
Grenville Act, 80.
Habeas Corpus Act, its origin, 239 ; passed, 48, 264, 309; its principal

articles, 137-140; suspended, 274.
Hanaper office, what, 101.
Hanoverian succession, 51, 263.
Hengham Magna and Parva, 86.
Henry VII., state of affairs in England in his reign, 36; his parsimony, 47.
Henry VIII., his tyrannical reign, 39.
Holt (Chief-Justice), his judgment in Tooly's case, 216.
Hugh Capet, the first hereditary king in France, 15; the haughty reply

of a French lord to him, 16.
Hungerford (Mr.) expelled the Commons, 244.
Impeachment of ministers the right of the Commons, 76; mode of

procedure, 77 ; not under the control of the Crown, ib.
Imprisonment, laws relative to, 137.
Innocent III. lays King John under an interdict, 24.
Inns of Court, their origin, 352.
Ireland, Lord High Chancellor of, his jurisdiction, 115.
Jacquerie, a sedition so called, 32.
James I., his character, 42, 347 ; reign, 293.
James II., his reign and abdication, 48–50, 154, 212, 215, 293, 298,

his character, 294.
Jenks (Francis), his case gave rise to the Habeas Corpus Act, 239.
Jesuits, their expulsion from Spain, 269.

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