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OF THE

ENGLISH CONSTITUTION

An Historical Treatise

IN WHICH IS DRAWN OUT, BY THE LIGHT OF THE MOST RECENT
RESEARCHES, THE GRADUAL DEVELOPMENT OF THE ENGLISH
CONSTITUTIONAL SYSTEM, AND THE GROWTH OUT OF
THAT SYSTEM OF THE FEDERAL REPUBLIC

OF THE UNITED STATES

BY HANNIS TAYLOR, LL. D.

LATE MINISTER PLENIPOTENTIARY OF THE UNITED STATES TO SPAIN

IN TWO PARTS

PART II.

THE AFTER-GROWTH OF THE CONSTITUTION

"Tum Lælius, nunc fit illud Catonis certius, nec temporis unius, nec hominis esse
constitutionem Reipublicæ." - CICERO.

"The new building has been raised upon the old groundwork; the institutions of
one age have always been modelled and formed from those of the preceding, and their
lineal descent has never been interrupted or disturbed."- PALGRAVE.

"And thus it comes to pass that Magna Carta, the Acts of the Long Parliament,
the Declaration of Right, the Declaration of Independence, and the Constitution of
1787 constitute the record of an evolution."- BRANTLY.

"The Government of the United States is not the result of special creation, but of
evolution."- FISKE.

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BOSTON AND NEW YORK

HOUGHTON, MIFFLIN AND COMPANY
LONDON: SAMPSON LOW, MARSTON & COMPANY (LIMITED)
The Riverside Press, Cambridge

75718

Copyright, 1898,

BY HANNIS TAYLOR.

All rights reserved.

The Riverside Press, Cambridge, Mass., U. S. A.
Electrotyped and Printed by H. O. Houghton & Co.

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When parliamentary sovereignty reached its full growth

Exclusive right of parliament to authorize taxation; Old-English taxes supple-

mented by the new feudal taxes; hidage and scutage -the great land-taxes

-gradually superseded by taxes upon personal property; fifteenths and

tenths; memorable composition of 1334; unsuccessful attempt to levy poll

taxes; right of tax-payer to assent to taxation; its connection with the growth

of national assemblies; separate negotiation with each estate as to taxa-

tion; tax-payer's right dimly recognized during Norman period; conflict with

the baronage results in articles 12 and 14 of the Great Charter, and finally

in Confirmatio Cartarum; separate negotiations with clergy and commons;

fiscal visits of justices from the exchequer; election and representation in the

shire courts; representation in the national council a fiscal expedient; first

the shires, then the towns represented; Earl Simon's parliament of 1265;

Edward I.'s model parliament of 1295; right of nation to tax itself settled by

Confirmatio Cartarum; transitions from local to central assent; and from

feudal to national taxation; the customs revenue; its probable origin; article

41 of the Great Charter; great and ancient custom of 1275; new or small

custom of 1302; origin of tonnage and poundage; summary; after 1322 the

customs a part of the permanent revenue; additional subsidies; custom and

subsidy levied regularly after 23d of Edward III.; subsidies granted for life

to Richard II., Henry V., and Henry VI.

. 5

Collapse of the immature parliamentary system; emancipation of the monarchy

by Edward IV.; overthrow of parliamentary institutions on the Continent;

character of the struggle in England; outline of the policy of Edward IV.;

the royal authority becomes the dominant force in the state; its vital organ

the council; hereditary right; Edward's financial policy; infrequent meetings

of parliament; the council becomes an engine of tyranny

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1. Outline of the Conciliar System: supreme powers of the state transferred
from the king in parliament to the king in council; from the council emanated
all the more important acts of government; star chamber overawes the ordinary
tribunals; the council as an administrative body; strength and weakness of the
system (absence of a military force); Tudors knew how to yield at the oppor-
tune moment; the royal will the driving force of the conciliar system
2. Marriage Alliances arranged by Henry VII. : marriage of James IV. of Scot-
land with Margaret, 1503; marriage of Arthur with Catherine of Aragon, 1501;
Arthur's death and the betrothal of his widow to his brother Henry; canonical
difficulties; the dispensation; the secret protest.

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