Imágenes de páginas
PDF
EPUB

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.

[blocks in formation]

BOSTON AND NEW YORK
HOUGHTON, MIFFLIN AND COMPANY
LONDON: SAMPSON LOW, MARSTON & COMPANY (LIMITED)
Che Riverside Press, Cambridge

1898

T2

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.

[blocks in formation]

I

3
5

1. Summary of the Contents of Vol. I. : Old-English Commonwealth; Norman

Conquest; process of fusion; struggle for the charters; treaty of Runny.

mede; growth of the law courts and the parliament
The rule or supremacy of law and the sovereignty of parliament the dominant

principles of the English constitution
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- gradually superseded by taxes upon personal property; fifteenths and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.
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

5

17

2. Henry VII.: his threefold claim of title; his declaration of title in parliament;

the descent of the crown held to remove all effects of attainder ; attainders

of subjects to be removed only by an act of parliament; declaration of par-

liament as to Henry VII.'s title; commons urge his marriage with Elizabeth

of York; act (11 Hen. VII. c. 1) for the security of the subject under a king

de facto

3. The Court of Star Chamber: original jurisdiction of the king in council; the

council as a court in the days of Henry III. ; jurisdiction of the council

first narrowed then widened by statute; act of 3 Hen. VII. c. 1, revising and

defining the criminal jurisdiction of the council ; such jurisdiction vested in a

special committee; Lord Bacon's views as to the same; powers of the special

committee fall back to the general body of the council; such powers expand

far beyond the limits of the act of 3 Hen. VII. c. 1; the court in its final form,

the whole council sitting judicially; outline of its procedure .

4. Henry VII. and Parliament: causes which led to its decline prior to his acces-

sion; only two of the great baronial houses became extinct in the civil war;

Henry made no effort to check the decline of the baronage; dependent char-

acter of the new nobility; Henry's parliamentary policy a repetition of that of

Edward IV.; his financial policy, — benevolences, Morton's fork, revival of

obsolete feudal exactions, Empson and Dudley; parliament summoned only

seven times during the reign; the king's hoard

5. Henry's Legislation: its leading purpose to provide immediate remedies for

pressing evils; his two great statutes, — the one to secure the subject under

a king de facto, the other to strengthen the criminal jurisdiction of the coun-

cil; the act increasing the authority of justices of the peace; Statute of

Fines; Henry's navigation act; protective policy begins with the legislation

of Edward I.; first navigation act that of Richard II.; Henry's patents to

the Cabots

6. The English Renaissance: the reign of monarchy brought with it peace; era of

discovery and conquest; Italian Renaissance; printing; slow progress of the
New Learning under Henry VII.; the fresh advance under Henry VIII.

32

ment of Empson and Dudley; marriage of Henry and Catherine, June, 1509;

« AnteriorContinuar »