ACTIONES legis, account of, 68. Like the writs used in the
English courts, 70, 71.
Administration impeached, for squandering the public money, 52.
Advantages, peculiar to the English constitution, 107. That
accrue to the people on appointing representatives, 140.
Elius publishes the forms of the law-suits at Rome, 69.
Agnati, law of, 77.
Albo, conjectures of the modern civilians on the Roman word
of, 77.
Americans, why they should not be granted their demands,
Appeals from the court of equity, carried before the house of
lords, 84.
Arbitrary imprisonments abolished, 29.
Aristocracy, advantages and disadvantages of that form of govern-
ment, 270. Two kinds of aristocratical government described,
PPP. 272.
Army, a standing one, against the law, 50. How long esta-
blished for, ibid.
Arrests, prohibited under two pounds, 66. And under ten
pounds, ibid.
Assemblies, in France, hindered by their number to protect their
freedom, 24. People appear in, with a halter on, 122.
Of
the Romans treated with insolence, 145. No one ever enjoyed
so much liberty as the English commons, 128.
Athenians appropriate the public money to public shows, 122.
Audebert, lord of Perigueux, answer to Hugh Capet, 8.
Aula Regis, court of, established, and its power, 9. Originally
the common court of justice, 64. Presided over by the king,
Author's remark on the justice of the English laws, 193. His
conversation with a Venetian, 222. And with Dr. Franklin, 250.
Barber of Athens, why put to the torture, 150.
Barons of England, their way of living, 12. Their methods to
preserve their liberty, 12, 13. Oblige king John to sign the
charter of the forest and magna charta, 15. Jealous of the
clergy, 57.
Bearn, re-united to the crown of France, 10.
Beauvais, the place where the sedition of the Jaquerie began, 20.
Bennet, sir Johu, impeached and expelled parliament, 201.
Benson, Mr. Henry, expelled parliament, 201.
Bill of rights established, 33.
Bills for granting money, must have their origin in the house of
commons, 37. The ceremony observed in passing them, 38.
When passed by the king, their force, 39. The ceremonies ob-
served before they can pass, 146. The last rejected in England,
Blackstone, judge, his remark on the right of an individual
preferring complaints against the abuses of government, 173.
His remark on the affair of the Russian ambassador being
arrested, 205.
Brittany, re-united to the crown of France, 11.
Burgundy, re-united to the crown of France, 11.
Burnet, bishop, his remark on the commons in the affair of
sir John Coventry, 199.
Caius, obliged to kill himself, on being deserted by the people of
Rome, 144.
Capias, an account of the writ of, 64.
Capitol, why bid from the people of Rome, 137.
Censorial tribunal, an account of, 160.
Ceremonies observed when the king summons the parliament,
Challenges, the names of, in challenging a jury, 94, 95.
Champagne, re-united to the crown of France, 11.
Chancellor, lord, should he disagree on a case with the masters in
chancery, it is carried before the parliament, 72. His power
compared with that of the Roman prætor, 80.
Chancery, high court of, called the manufactory of justice, 71.
The definition of its power by Dr. Johnson, 75. Process of, 80.
Instituted before the court of exchequer, ibid.
Charles 1. had to cope with the whole nation, 28. Ignorant of the
danger which surrounded him, ibid The use of Scotland and
Ireland to him, ibid. Reconciled to the people, 29. His con-
duct occasions the nation to suspect his designs, ibid. Assents
to every thing proposed by parliament at his accession, 46.
Charles II. called over to the throne, 30. His designs foreseen by
the commons, and frustrated, ́ ibid. His guards declared
anti-constitutional, 50. Why he dissolved three successive
parliaments, 170. His attack on sir John Coventry, 198.
Charter of the forest, signed by king John, 15.
Cicero's remark on the Roman laws, 6s. On the judges, 191.
In his speech against Piso, ibid. His account of the Social
war, 192.
Citizens of Rome, the number killed at the death of Gracchus, 150.
One called to defend his right, 91. Scourged, 150. Made
slaves to their creditors, 178. Retreat over the Annio, ibid. The
manner of their being put to death by order of the senate, 206.
Divided in centuriæ, 228.
Civil society, the duties to be established at
matters, the law relative thereto, 62.
government, the necessity of, among mank
-- liberty, definition of, 259, APP. On what it is fo
Distinction between it and personal liberty, ibid. Ideas
tained of it by many political writers, 261. What really cons
tutes the freest government, 263.
Clausum fregit, an account of the writ of, 74.
Clergy of England can only be convened by the king, 40. Their
assembly the model of the house of commons, 41. Cannot
touch the laws, customs, and statutes of the kingdom, 49.
Colonies, the effects they would produce should they obtain a
right to treat with the crown, without the interference of the
legislature, 249.
Corsica, made un Pays d'Etats, 248.
Coke, sir Edward, the oracle of the common law, 60.
Commerce and printing, diffused new notions into the people, 27.
Committee, the form of choosing one in parliament, 55.
Common pleas, an account of the court of, 61.
Commons, their power at first being summoned into parlia-
ment, 18. Began to annex petitions to the bills by which they
granted subsidies, 23. The rapid increase of their power, ibid.
Procure some ministers to be condemned, ibid. Would not
acknowledge any law but what they assented to, ibid. Re-
fused to grant subsidies before their petition was answered,
ibid. Afraid to form an opposition against the house of
Tudor, 24. Their adherence to their rights, 25. Began to
recover from the consternation they were thrown into by the
extinction of the nobles, 27. Became sensible of their power,
and resolved to make use of it against king Charles I. 27. Their
vain effort to establish a democracy, 30. Never suffer the
lords to make any alteration in their money bills, 37. Their
method of redressing grievances, 43. Grant the king a
revenue for life, 44. Never permit a money bill to begin but
with themselves, 47. Their dependance on the crown, ibid.
Their first misunderstanding with the house of lords, 47.
Reject all alterations the lords make in money bills without
examining them, ibid. Impeach the earl of Oxford, 52. Their
mode when the king attends parliament, 123. The ceremonies
used when they carry bills to the house of lords, 124. Enjoy
more privileges than any other popular assembly ever did, 128.
Their proceedings in granting subsidies, 129. Secured to
themselves a right of proposing laws, ibid. Have prevailed
upon the executive power to renounce all claim to the proposing
laws, ibid. Follow the same mode with the messages from, as
with the petitions of the people, ibid. The ceremonies in
passing bills, 146. Their jealousy of the freedom of speech, 147.
Declaration against king James, 172. Their tenaciousness
for magna charta, 184. Passed the act called the petition of
right, 185. Their vigilance in the reign of Henry VIII, and
Br Charles II. 197, 198. Their protection of sir John Co-
P ventry, 199. Carry a bill to exclude from the crown the
immediate heir, 214. Reject the bill proposed by the house of
lords to abridge the power of the crown, 215.
Confederacy of the barons against king John, 15.
Conjectures of the modern civilians on the Roman word Albo, 77.
Conquest, said to mean acquisition, in the feudal system, 5.
Constitution, of England, the difficulty of knowing, 1. Depends
upon the passions of mankind, 2. Foreign trade has no
connection with the principles of it, ibid. Its effect on fo-
reigners, ibid. Reasons why it does not appear in the same
light to a native as a foreigner, 2, 3. Its present form not
the same as in the time of the Saxons. 4. Its real principles
fixed at the conquest, 5. The boundaries which it has set to
the royal prerogative, 41. Keeps the king in a state of depen-
dance, 42. Advantages peculiar to it, 107. The authority it
has placed in the king, 111. Totally differs from republican
governments, 127. A representative one compared with a
popular one, 141. In what manner it has found means to
remedy the evils attending a state, 153. The principles it is
founded on, 234. Established on its ancient foundation at the
accession of Charles II. ibid.
Consuls of Rome, take away the laws from the senate, 150. The
power they assumed, 179.
Coventry, sir John, attack on, by Charles II. 198, 199.
Courts, the different ones for the administration of justice in Eng-
land, 61. Of common law, their power in balancing that of the
court of chancery, 83. And can prevent the courts of equity
from the mode of trial by jury, ibid.
Crimes, the prevention of them the legitimate and proper end of
human punishments, 263, APP.
Criminal justice treated of, 85.
Crown, the great power of, in England, under the Norman
kings, 4. Created an union between the king and the
people, ibid. Of France, when elective, 7. Rendered here-
ditary by Hugh Capet, ibid. Its ancient inheritance, 42.
Not allowed in England to take an active part in making
laws, 131. Only tied down by its own engagements, 199. Of
England, without a standing army maintains its preroga-
tive, 211 How it can impress the minds of all the great men
in England with such a lasting jealousy of its power, ibid. Its
power stands upon foundations entirely different from those in
other countries, 213. The power of, preserved undivided in
England, 217. A few thoughts on the attempts that may be
made to abridge the power of it, 236.
Curfeu, law of, abolished by Henry I. 14.
Cyphers used by the Romans, to keep their laws secrct, 69.
Daughter, substituted as a son, by the Roman jurisconsults, 74.
Debates in parliament, never impeached in any other place, 54.
Decemvirs, appointed in Rome, to form a code of laws, 180. Ex-
pelled from Rome, ibid.
Dekins, Anne, a man killed arresting her, 173.
Democracy, advantages and evils of that form of govern-
ment, 270. APP. Some advantages of a democratic constitu-
tion which should never be neglected, 273, 274. Said to be
suited only to the affairs of a small state, 275. A federal re-
public seemingly au exception to this, 276.
Democratical government attempted to be substituted in Eng-
land, 30.
Deputies of towns and boroughs first legally admitted into par-
liament, 18. Of Scotland, compared with those of the United
Provinces, 35.
Deserters, a number thrown down the Tarpeian rock, at Rome,
Draco, laws of, written in blood, 207.
Duties, hereditary, belonging to the king, 42.
Edict, produced by Aquilius to prevent frauds, 78. Series of,
published at different times: their names, ibid. Of the prætors,
some abolished, 81. Those filed by the emperor Adrian, called
perpetuum edictum, 82.
Edward the first, called the English Justinian, 17. His charac-
ter, ibid. Admits deputies of towns and boroughs into par-
liament, 18. His method to raise supplies, ibid. Obliged
to confirm magna charta eleven times, 19. Agrees that no
tax should be laid without the consent of the lords and com-
mons, ibid.
Edward the sixth abolishes the laws against high treason, 25.
His acquiescence with parliament at his accession, 46.
Egbert unites England into one kingdom, 4.
Elections, precautions taken by law to insure the freedom of, 35.
Elector, the qualifications required for being one in a county, 35.
Elizabeth, queen, her brilliant reign, 25.
Emperor, has not so much power as the king of England, 59.
Empson and Dudley fell victims to the commons, 197.
England, why deserted by the Romans, 4. Became a prey to fo-
reigners, ib. United into one kingdom, ib. The number of
fiefs divided into by the conqueror, 8. How affected by the
feudal system, 9. 22. How it kept its liberty, 12. The ad-
vantage it had over France, 14. The advantage of its subjects
to suppress tyranny, 15. Description of its freedom by Philip
de Commines, 22. Its situation in the reign of Henry the
sixth, 23, and seventh, ibid. Compared with France in regard
of preserving its liberty, 24. People of, still retain their no-
tion of liberty, ib. Stained with cruelties by queen Mary, 25.
Began to recover under queen Elizabeth, ib. Began to recover
from its lethargy under the Stuarts, 26. The advantages it
enjoys by a parliament, 45. The method taken to seize a per-
son, 64. All the executive authority placed out of the hand of
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