Oldalképek
PDF
ePub

INDEX.

CLARENDON, CONSTITUTIONS OF, 45, 46

Mode in which they have been preserved, (Note 3), 45

Suits respecting the advowson and presentation of churches to be

determined in the civil courts, 45

Criminal process against clerks, 45

Appeals in spiritual causes, 45

Excommunication of inhabitants in demesne, 45

The prelates to be regarded as barons of the realm, 45

Revenues of vacant sees to belong to the crown, 46

"Bishop-elect to do homage to the king, 46

Non-exemption of the clergy from the civil power, 46

CLERGY-vide REFORMATION-REVENUES (ECCLESIASTICAL)

CLERGYMAN, punishment for arrest of, while engaged in his clerical duties, 1112

CLOSING POLL-vide RIOTS

COAL-METERS, disqualifications of, from exercising the parliamentary elective franchise, 547

COAL-MINE-vide MINE

COIN, counterfeiting gold and silver, 1050, 1065, 1079

Colouring, 1050

Impairing gold and silver, 1050, 1060

Buying or selling at a lower rate than by its denomination it imports,
1050, 1079

Importing counterfeit, 1050

Uttering counterfeit, having at the same time counterfeit, in possession,
1050

Uttering twice within ten days, 1050

Subsequent uttering after a previous conviction, 1050, 1051

Having in possession three or more pieces of counterfeit, 1051, 1114

Conveying coining tools and, out of the Mint, 1051

Tendering, uttering, or putting off, counterfeit, 1079, 1116, 1121

COINING INSTRUMENTS, having unlawful possession of, or any other contrivance for counterfeiting coin, 1051, 1079

COINING TOOLS, 1051, 1079

Making a puncheon for coining, 1051

Having a puncheon in possession, 1051

Making a collar or press for coining, 1051

COLLECTORS, disqualified from parliamentary elective rights, 546-548
Incapacitated from parliament, 622-626

Of assessed taxes, and post-horse duties, can vote at parliamentary
elections, 547

COLONIAL appointments, create a disqualification from parliament, 622-625
COMBINATION by workmen, 1049, 1090

COMMISSARY-GENERAL of Musters, disqualified from parliament, 623
COMMISSIONERS, incapacitated from parliament, 622-626

Disqualified from exercising the parliamentary elective franchise, 546–

548

COMMITTEES- vide LEGISLATIVE ASSEMBLIES

Of the House of Commons, decisions of, actuated by the profligacy of
faction and selfish interests, 344, 345, 479–483

COMMONALTY-vide MUNICIPAL INSTITUTIONS

COMMON COUNCILS-vide MUNICIPAL INSTITUTIONS

COMMON LAW, foundation of, 79

COMMON SEAL-vide MUNICIPAL INSTITUTIONS

COMMON STOCK-vide MUNICIPAL INSTITUTIONS

INDEX.

COMMONS-vide LEGISLATIVE ASSEMBLIES

COMMONWEALTHS-vide CHARLES I. and CHARLES II., reigns of De
LOLME INTRODUCTION

The people in them apt to be misled by favourite leaders, 807, 808
Division of the executive authority that takes place in them, makes it
very difficult to lay it under proper restraint, 820-827

The people unavoidably betrayed by those whom they trust with power, 856-861

Revolutions have always concluded in, in a manner disadvantageous to public liberty, 860, 861

The laws to secure the liberty of the citizens, besides being imperfect, are not even carefully executed, 904-931

Cannot subsist without certain arbitrary powers, contrary to the liberty of the citizens, 957-969

Do not admit the privilege of speaking and writing, and perhaps cannot, 957-965

Power of government supposed by law to be unbounded, till stopped by some positive regulation, 974-976

By what means, generally lose their liberties, 990, 991

Great difficulty for the people in, to preserve their rights, 1001

COMPOUNDING FELONY, taking a reward for stolen goods, 1049 COMPTROLLERS, disqualified from exercising the elective parliamentary franchise, 546

Incapacitated from being members of parliament, 624-627

CONCEALMENT, of birth of a child, 1117

Of wills, codicils, or other testamentary instruments, 1047, 1085

CONEYS, taking or killing, 1084, 1089, 1101

CONFESSION-vide REFORMATION

Auricular, by Roman Catholic votaries, 234-238

Roman Catholic Church, to acquire political power, made the absolution

of a priest necessary for salvation, 236

Questions in, of a character disgustingly obscene, 237, 238

CONQUEST, ERA OF THE, 19–40

Stated by De Lolme, to be the foundation of the English constitution, 496, 497

Sed vide contra, 19-40

CONSPIRACY, to commit a crime, 1038, 1049

To charge a man with a crime, 1036, 1049

CONSTITUTIONAL and unconstitutional, mean legal and illegal, 3, 4
CONSULS GENERAL, situation of, a disqualification from parliament, 622
CONTRACTORS, parliamentary disqualifications of, 627, 628

Contracts with the treasury, navy, victualling-office, or ordnance, 627
Members becoming, or continuing to be, vacate their seats, 627

Exception as to trading companies, and to those who have ceased to
contract for twelve months previous, 627

London Flour Company, 628

Master or worker of the Mint; army clothiers; sub-contractors, &c., 628 COPYHOLDS, confer a right of exercising the parliamentary elective franchise, 543

Give no vote for a county, if they might give a vote for a borough, 544 CORONATION OATH, 604

Change in, temp. Edward VI., 209

CORPORATIONS-vide MUNICIPAL INSTITUTIONS

COUNCILS-vide PRIVY COUNCIL-WILLIAM I., reign of

Power of legislation exercised by William I. and selected, 36
Designation of the members convened to, by William I., 36-38

COUNCILS-continued.

INDEX.

Title of the" Barones" to act legislatively unknown, 87

Assemblage of, under Henry I., 40, 41

Existence of, from the Saxon era to the reign of Henry III., 66, 67

COUNTIES-vide BOROUGHS-MUNICIPAL INSTITUTIONS-PARLIAMENTARY
ELECTIONS-SAXON PERIOD

First division of the country into, 15

Kingly power partly deputed to sheriffs in, 15
Subdivisions of, into boroughs, 15

COUNTING-HOUSE, occupation of, gives a right of exercising the parlia-
mentary elective franchise, 544

COUNTY-COURTS-vide COUNTIES-PARLIAMENT
Origin of, 15

Administration of justice in, 16

Denial of justice in, justified an appeal to the king, 17 Where and how holden for purposes of election, 550 COURTS-vide EQUITY-PROCESS (CIVIL)-STAR CHAMBER COURTS OF RECORD, stealing original documents from, 1084 Obliterating, injuring, or destroying original records, 1084

COVENTRY ACT, origin of, 919

CRIME, conviction of, creates an incapacity from the exercise of parliamentary rights, 546, 628, 629

CRIMINAL LAW, analysis of criminal offences, and statutes under which they are punishable, 1033-1130

Analysis of crimes that were committed in 1837, pp. 1130-1132

Comparative view of the sentences passed on criminals during 1834,
1835, 1836, 1837, pp. 1132-1134

Criminals convicted and executed in France in 1832, 1833, 1834,
(Note 19), 1133, 1134

Total number of those who were accused of crimes in 1837, but subse-
quently acquitted or not prosecuted, 1134

Number of offenders tried before the different courts in 1835, 1837, pp.
1135, 1136

Ages of the criminals, 1136

Result of the proceedings against the offenders aged twelve years and
under, with reference to their respective ages, 1137

Result of the proceedings against the offenders aged twelve years and
under, with reference to their offences, 1138

Degrees of instruction which the prisoners had received, 1139

CROMWELL-vide CHARLES I., and CHARLES II., reigns of

CROWN-vide PREROGATIVE

CUSTOMARY FREEHOLD, a copyhold, and not a freehold, 543

CUSTOMS, ANCIENT-vide BOROUGHS-LEGISLATIVE ASSEMBLIES-MUNI-
CIPAL INSTITUTIONS

CUSTOMS, receipts of, in the year ended 5th January, 1837, p. 578
Charges of collection in the year ended 5th January, 1837, p. 580
Incapacities from officers of, exercising the parliamentary elective fran-
chise, 546, 547

Disqualifications from being members of parliament, 624, 625

CUSTOM-HOUSE OFFICERS, shooting at, or maiming, or wounding, 1036
Assaulting or obstructing, 1088, 1115

CURTESY, estate by, gives a right to vote, 543

CUTTING, stabbing, or wounding, with intent to murder, 1034

To maim, disfigure, disable, or do some grievous bodily harm, or to
resist or prevent lawful apprehension or detainer, 1036

DAY, its legal duration, in cases of burglary, (Note 4,) 1037

INDEX.

DEBATES—vide Legislative ASSEMBLIES (Parliamentary)

Freedom of, secured by the Bill of Rights, 608

Mode in which, are conducted in the English parliament, 135–137, 288, 328, 351, 352, 472, 531-565, 535, 608

Unlimited freedom exercised in, not followed by any bad consequences, 963-966

DEBENTURE for payment or return of money, required by statutes relating to the customs or excise, &c., forgery of, 1041, 1069

Exchequer, forgery of, 1042

For money, or payment of money, stealing of, 1085, 1105

DEEDS for money, or payment of money, stealing of, 1059
Forgery of, 1045-1048, 1057, 1058, 1066, 1069

Stealing, being evidence of title to real estate, 1059, 1085

DEER, coursing, hunting, snaring, or carrying away, or killing or wounding, or attempting to kill or wound, in any inclosed land, &c., where, are usually kept, 1074, 1075

Doing the like, in any uninclosed land, 1075

Setting snares for, &c., 1089

Destroying any part of a fence where, are kept, 1084

DE LOLME, TREATISE OF, 491-1032

INTRODUCTION BY DE LOLME, 491-494

SURVEY OF THE VARIOUS POWERS INCLUDED IN THE ENGLISH CONSTITUTION, AND OF THE LAWS BOTH IN CIVIL AND CRIMINAL OFFENCES, 495—804 Causes of the Liberty of the English Nation. Reasons of the difference between the Government of England and that of France. In England the great Power of the Crown, under the Norman Kings, created an Union between the Nobility and the People-CHAPTER I., 495-505 Uncertain accounts of the Anglo-Saxon government, 495, 496 Foundation of the English constitution is to be sought after at the era of the Conquest, 496, 497

Independent character of the German nations, 497, 498

The fiefs by connivance at first became annual, afterwards held for life, 498

Establishment of the feudal system in England was an immediate consequence of the Conquest, 499

Despotism of William I., 499

England divided into fiefs, 500

The aula regis, 500

Feudal governments of France and England, 501

Arbitrary power of the kings of England, 501

Limited authority of the sovereigns of France, 501, 502

People of France, rendered desperate by oppression, attempted to revolt, 502

Liberty perished in France, because it wanted a favourable culture and situation, 503

Excessive power of the kings made England free, 503, 504

Mode in which the people became participators in public liberty, 504 Principle of primeval equality became everywhere diffused and established, 504, 505

Oppression caused the union of the lord and the vassal, 505

The people stipulated conditions for themselves, 505

A second Advantage England had over France; it formed one Undivided

State-CHAPTER II., 506-516

Reign of Henry I., 536

Rigour of the feudal laws mitigated, 506

Advances of liberty under Henry II., 506

Despotic character of John, 507

England acknowledged but one master; France an aggregation of sovereignties, 507

DE LOLME-continued.

John compelled to submit himself to the disposal of his subjects, 507, 508
Provisions embodied in Magna Charta, 508

No subject to be molested, either in person or effects, unless by the
judgment of his peers and the law of the land, 508, 509

Magna Charta an advance towards the establishment of public liberty,

509

Confirmations of the great charter, 509, 510

Civil dissensions during the reign of Henry III., 510
Statutes of Merton and Marlebridge, 510
Character of Edward I., 510
Jurisprudence improved, 510, 511

Parliamentary representation, 511

Pecuniary necessities of the crown, 511

Commons not originally possessed of great authority, 511, 512

The people invested with the power of influencing the motions of
government, 512

Confirmations of Magna Charta by Edward I., 512

Statute de Tallagio non concedendo, 513

Efficient causes of slavery operating and gaining strength in Europe, 513
Distracted state of France, 513, 514

The French had no conception of the necessary ingredients of a free
constitution, 514

Imperceptible advances of the royal authority, 515

Disturbed state of Spain, 515, 516

The spirit of liberty and resistance arose in England on the dissolution
of the feudal system, 516

The subject continued-CHAPTER III., 517–530

Representatives of the nation admitted into parliament, 517

Temp. Edward II., petitions annexed to subsidy bills, 517

Temp. Edward III., commons declare they will not acknowledge any
law, unless they have assented to it, 517

Refusal to grant subsidies until redress of grievances (temp. Henry IV.)
517

Country desolated by faction, 518

Henry VII. had promises to fulfil, as well as injuries to avenge, 518
History of the first two Tudors resembles the relation given by Tacitus of
Tiberius and the Roman senate, 518, 519

Franchises contained in Magna Charta, were ineffaced by transitory
evils, 519

Advantage of England being one undivided state, 519, 520

Parliament always vindicated the right of granting or refusing subsidies,
520

Abolition of the tyrannical laws against high treason (temp. Henry VIII.,
Edward VI., Mary, Elizabeth), 520

Courts of Star Chamber and High Commission, 520

Doctrine of uncontrollable authority of kings diffused an universal alarm
(temp. James I.), 521

Printing disseminated salutary notions throughout all orders of the
people, 521, 522

Notions of religion united with the love of liberty, 522

The commons sensible of their own strength, determined to repress
that of the crown, 522

Public liberty preserved from the union of the people, 523

Charles I. ignorant of the dangers with which he was surrounded, 523
Petition of Right, 524

Constitution freed from the despotic powers, with which it had been
obscured by the Tudors, 524

Fanaticism of persecuting sects, joined in the disputes between the crown
and the people, 524

The Commonwealth, 525

Interference of the people in the common business of government is most
chimerical, 525

INDEX.

« ElőzőTovább »