its due meed of recognition, in his election to the thoroughly congenial Chair which he filled at the time of his death. Knowing Langmead as I had known him, working with him as I had worked with him on the previous editions of this book, I felt that I could bring to the preparation of the Third Edition a more intimate acquaintance with the author's mind on the subject-matter of his book than any other Editor, though better known. in the World of Letters. And I still think that I was right in undertaking the task, however the accomplishment may fall short of my desires. I have endeavoured to correct all such press errors as I noticed in revising the present edition, and I have also compared all the extracts of any length and importance with the text of the authors. cited, and have, as far as possible, brought them into exact conformity with the originals. In the extracts from Rot. Parl. and the Medieval Statutes, this has often involved the entire re-casting of the text. In the case of writers such as Kemble, I have used the same care to bring the passages cited into conformity with the special orthography of the author, and to shew, in all cases, by the ordinary marks of omission, where an extract was welded together from different portions of the same page, or of following pages, or of text and notes. The foot-notes which I have added to the present edition are throughout distinguished from Langmead's by the use of square brackets, and generally also by the word "ED." For the notes at the end of several chapters, where I have brought out and sometimes criticised the views of M. Glasson, in his recent elaborate and interesting Histoire du Droit et des Institutions Politiques de l'Angleterre, I am necessarily solely responsible, as Langmead had only commenced reading the work, and had not left more than a few pencilled marginal notes by way of a guide to his own judgment of M. Glasson's book. In illustrating the medieval portion of Langmead's book, I have frequently cited Mr. Digby's valuable History of the Law of Real Property, Mr. Dowell's History of Taxation, and Mr. Clifford's Private Bill Legislation, on the subjects of their respective works. I have also availed myself of the interesting side-lights thrown upon History by the publications of Societies, such as the Royal Society of Literature, the Royal Archæological Institute, the Camden Society, and others, to a greater extent than in the previous editions. I have departed from Langmead's orthography in the matter of Anglo-Saxon names, because it was a matter on which I knew him to have simply followed others, and not given the result of his own independent judgment, while the point was one on which I always differed from him. At the same time it is one on which I do not think that an iron rule of consistency can be maintained. In the Appendices, for which I am solely responsible, I have sought to say a few words on some topics of Historical interest which seemed to me to require further treatment than could be given in footnotes, and on some of which Langmead himself would not improbably have spoken had he been bringing out this edition. Where the Appendices refer to passages in the text, I hope they may be found to set them in a somewhat clearer light. I would, of course, by no means have it supposed that I represent either Langmead's views or any other than my own, in so far as, whether in notes. or Appendices, I express any opinion on controverted points. I am indebted to Mr. Luke Owen Pike, M.A., the learned Editor of the Year Books, for the readily given help by which he enabled me to track a reference to the Year Books, left incomplete by Langmead, and to strengthen my own judgment in the case of Dr. Standish and Convocation. For my old friend Taswell-Langmead's sake, I would express the hope that the present edition of his book may be found not unworthy of his own good fame among students of History alike in the Old World and among our "kin beyond sea." NEW UNIVERSITY CLUB, S. W. February, 1886. C. H. E. CARMICHAEL. CONTENTS. FROM THE TEUTONIC CONQUEST OF BRITAIN TO THE Origin of the English-Teutonic Conquest of Britain-Germanic origin of English Institutions-Ancient German polity-The Mark system- The successful leaders assume the regal title-Conversion of the English to Christianity-National Character of the Church-The Bretwaldas- Invasions of the Danes-Constitution of English nation from 7th to 11th century-Appropriation of the Soil-The magths-Folkland and Bookland-Territorial divisions-The Township-The Hundred- The Shire-The Burgh-Guilds-The City of London-Ecclesiastical divisions--Ranks of the People-Slaves-Freemen (Eorls and Ceorls) -Growth of Thegnhood-Its effects-The Ceorls-Earldormen-The Clergy-The King-Nature of Early English kingship-Gradual in- crease in power and dignity-Assumption of Imperial titles-Royal prerogatives and immunities - The Queen - The Athelings Witenagemot-Its Constitution-Its Powers-It deposed and elected Kings-And participated in every act of government-But these exten- sive powers not invariably exerted-Except in legislation and taxation -Judicial system-The Frithborg, or Frankpledge-Responsibility of the Hlaford for his dependents-The Hundredmoot-Private Soken or Jurisdictions-The Shiremoot-Procedure-Compurgation-Ordeal- Legally appointed witnesses to bargains-Punishments (Wergild, bôt, wite, death)-Ancient English Laws-Early attempts at Codification- Alfred as a legislator-Diversities of local customs-Gradual develop- ment from personal to territorial organisation-Increased power of the great nobles-The great Earldoms under Cnut and Edward the - Claimants to the Crown on death of Edward the Confessor - Earl tine-Feudal tenures-Their services and incidents-Tenure in Villein- age-The Conqueror's policy National rather than Feudal-National Witan continued-William's Laws-He renews the Law of Edward the Confessor-Wager of Battle - Englishry- Public Peace-The Forest Laws-The Church-Separation of Spiritual from Temporal Courts-William's canons of the Royal Supremacy-Judicial organi sation-Curia Regis-Justiciars appointed-Riches of the Conqueror— Reign of WILLIAM RUFUS-How far constitutionally important-Ranulf Flambard-Struggle between the Royal and Feudal powers-William seeks support of the English against the Baronage-and promises good laws-Henry I.: His Charter of Liberties-Mala consuetudines abolished-Forests retained-So-called Leges Henrici Primi-Henry courts and receives the support of the native English-Marries a niece of Edgar Atheling-Triumphs over the rebellious barons-Raises up new men-Strengthens jurisdiction of County and Hundred Courts- Charters to Boroughs-Royal administration centralised and systema- tised-Occasional Circuits of the judges-Severity in punishing offences against the Laws-Question of Investitures-STEPHEN: His two Charters-Feudal anarchy of his Reign-Creation of new earldoms- Arrest of the three bishops-Wretched condition of the People-Peace of Wallingford-Scheme of reform-Death of Stephen-HENRY II. : The Angevin Dynasty-Charter of Liberties-Inquest of Sheriffs- Henry's policy-Establishes law and order-The two great Constitu- tional results of his reign-Administrative reforms-Itinerant Justices —The Grand Assize-Scutage-Contest with Becket and the clergy— Constitutions of Clarendon-RICHARD I.: Character of his reign- Excessive taxation-Ways of raising money-Popular rising under William-with-the-Beard-Constitutional opposition of the Clergy- Administration of the kingdom by the Justiciars-Longchamp, Wil- liam of Coutances, Hubert Walter, and Geoffrey Fitz-Peter-Deposi- tion of Longchamp-Principles of representation and election in the assessment of taxes and appointment of County Coroners-Advance of the Boroughs towards independence-Summary of Richard's reign The three great fundamental compacts between the Crown and the Nation |