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CONTENTS.

CHAPTER I.

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FROM TIIE TECTONIC COROTEST OF IRITAIN TO THE

XORVAS CONOCAST OF ESGLIST).
Origin of the English-Teutonic Conquest of Tiritain-Germanic origin of

Enlish 111-11111tions - Ancient livrman policy - The Virk From-
The "ccessful lezersiz sulme the regal title-lonversion of the Engli-la
to Christianity - National ch.2r.zeer the Church --The lireiwakilia
Invasions of the Danes-1'institution of English nation from 7th l.)
11th century--ppropriation of the suil-The mugths-Folkland and
Bookland — Territorial divisions- The Township-The lunrud -
The Shire-The Burgh-livills - The City of Loncion-Ecclesiastical
division Ranks onhe People--Slaves-Freemen (Eorls and Coorls)
-Growth of Thegnhool- Iis cffects– The Croris-Ealdormen---The
Clergy– The King - Vature of Early English kingship-Gradual in-
crease in power and dignity-assumption of imperial titles-Royal
prerogatives and immunities — The Queen - The Ethelings - The
Witenagemot-Its Constitution, Its Powers-It deposed and elected
Kings- and participated in every act of government- But these exten.
sive powers not invariably exerteil-Except in legislation and taxation
- Judicial system—The Grill: borh, or Frankplelge- Responsibility of
the Hlaford for his dependents-The llundruilmout-l'rivate Suken or
Jurisdictions-The Shiremoot-Procedure-Compurgation-Ordeal--
Legally appointed witnesses to bargains- Punishments (1!ir ild, 16.,
alli, deali) - Incient English laws -- Early attempts at Colitication-

Elfred as a legislator-Diversities of local customs---Gradual develop-
ment from personal to territorial organization, Increasel power of
the great nobles— The great Earldoms under Cnut and Eadward the
Confessor

1-45

CHAPTER II.

THE NORJAN CONQUEST.

Claimants to the Crown on death of Eadward the Confessor Earl

Harold-Elected and crowned King-William Duke of Normandy-
English Kingship Elective-The Conquest-William is electer and
crowned "King of the English”— Theoretically a constitutional king
-Continuity of the Constitution—The Norman race-Effects of the
Conquest Feudalism – lis gradual establishment – The English
redeem their lands—Insurrections, followed by extensive contiscations
-Continental Feudalism-Sub-infeuelation--Commendation-Growth
of Feudalism in England - Difference between English and Continen-
tal Feucalism-Feudal tenure of land without feudal principles of
government-Gemót of Salisbury-Domesday book--Checks to the
power of the Fuudatorics-Great Laridumis abolished Counties Pala-

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46---74

CHAPTER III.

REIGNS OF THE SOR111.X AND FIRST ASGEITX KINGS.

Reign of William Rurus—How far constitutionally important-Ranull

Flambard--Siruggle between the Royal and feudal powers-William

socks support of the Englislingainat ile Baronage-and promises genel

laws-HENRY I. : Ilis Charter of Liberties-- Male consuctudincs'

abolisherl-Forests retaineil- so-calleel Legrallenrici l'rimi - llenry

courts and rereives the rapport of the native Logli-hi-Warries a nice

of Eaugar Hileling - Triumph over the rebellious barons-Raines up

new men-Strengthens jurisdiction or county and llunreal Courts-

Charters to Boroughis-Royal administration centralized and systema-

tized-Occasional Circuits of the judges-Sererity in punishing oliences

against the Laws-Question of Investitures-STEPEN: Ilis two

Charters-Feudal anarchy of his reign-Creation of new earldoms-

Arrest of the three bishops-Wretchel condition of the People-Peace

of Wallingford-Scheme of reform-Denth of Stephen-HENRY II. :

The Angevin Dynasty-Charter or Liberries-Inquest of Sheriffs-

Ilenry's policy-Establishes law and order- The two great constitu-

tional results of his reign-aldmini-:rative reforms-liincrant Justices

-The Grand Assire-Sentage---Contest with Becket and the clergy-

Constitutions of Clarendon-RCD I. : Character of his reign-

Excessive taxation-Ilays of raising money-Popular rising under

William-with-the-leard-Constitutional opposition of the Clergy-

Administration of the kingilom by the Justiciars—Longchamp, Wil-

liam of Coutance, Ilubert 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 indepenılence-Summary of Richard's reign

75-99

CHAPTER IV.

MAGVA CHARTA.

The three great fundamental compacts between the Crown and the Nation

-Magna Charta-An Act of the whole people under the leadership of
the barons-in reality a trenty of peace between the King and his
people in arms—its moderate, practical, and conservative character-
based on the Charter of Henry I. and the Law of Eadward the Con.
sessor-Events of Jolin's reign which led to the granting of the Charter

- Separation of Normandy from England - Decay of feudalism-Re-
susal of the larons to follow the King on foreign service- John's per-
sonal characier-Church, baronage and people united against liim-
Ilis struggle with the Papacy-Double election to sce of Canterbury-
Jolin reluses to receive the Pope's nomince--- The Interdict, Excom.
munication and ultimate Deposition—The King submits, and surren-
ders his Kingdum lullic l'ope-Sirusgle with the barons-Councila ut

PAGE

ADMINISTRATIVE SISTENT UNDER TIE YORJIIV AND

PI...STIGEXET KI.XOS.

Personal share of the King in all branches of Wilministration-.I trial be.

fore. Tlenry II. in person-The Justiciar—the Chancellor-Curii
Kegis-Fiscal Alministration—The Excheqner-sources of revenue
-Important changes in taxation under llenry II.- Personal property
taxed-l'ressure of new and systematic taxation escites opposition-
and lends to re-assertion by the Viction of its ancient right to be taxel
only by consent-lines pro respectu militiae '- Juclicial system
Changes in Curia Regis uniler Tenry II. -Division into three courts
of King's Bench, Common Pleis, and Exchequer – Itinerant justices
established by llenry II.-Judges of Issize and Visi Prius—Trial by
Jury-its origin and development traced–The King's Continual Coun-
cil or Concilium Ordinarium-Rise of the Chancellor's jurisdiction-
Encroachments of the Council on jurisdiction of the Common Law-
Statutes in restraint of the Council and Chancery-Their small effect-
Equitable jurisdiction of the Court of Chancery permanently estalı.
lished - Magnum Concilium-Origin of judicial character of líouse of
Lords—and of the legislative character of the Privy Council-Judicial
powers of Privy Council--Origin of Court of Star Chamber- Re-
vived under the Tudors- Vature of its jurisdiction and punishments
- Police and military organization–The Fri!hborh—The Fyrd-The

Huscarls of Cnut-Employment of mercenary troops--Assize of Arms,

A. D. 1181—The ancient Fyrd revived-Amalgamation of the alodial

and feudal military systems under Henry III. and Edward I.-Expan.

sion of ancient police organization concurrently with that of the Fyril

-Conservators of the Peace-Coroners—Watch and Ward-Statute

of Winchester, 13 Edw. I.-Commissions of array-The Militia —

Decay of national local force-Superseried by standing army at end of

17th century-Reorganized as the National Vilitia in 1757

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THE SUCCESSION TO THE CROWY.

The English kingship elective both before and after the Conquest-but re-

stricted under ordinary circumstances to the members of one Royal
Ilouse-Growth of the doctrine of Hereditary Right-William the Cón.
queror clected by the Witan-Election of William Rufus-llunry I.

A'Commune Concilium Regni' has always existed–The Witenagemột-

Curia Regis-Its constitution—The greater Barons '-llereditary
character of the Ilouse of Lords-Spiritual l'eers-Lay leerages for
Lise- Ideas of election and representation familiar to the nation
Council of St. Alban's, 1213, tirst historical instance of summons of
representatives to a National Council-Four instances of county
representation in Parliament prior to De Montfort's Parliament in
1265— Increased use of elected county representatives for fiscal and
other matters-Name of Parliament The Mad Parliament' at
Oxford, 1258— Provisions of Oxford ʼ-Oligarchies in England
Simon de Montfort, 'Founder of the House of Cominons'.- His first
Parliament-His second Parliament, to which Representatives of
Towns are summoned— Progress of the Towns Representative
machinery first employed for judicial and fiscal purposes-Representa-
tion of boroughs in the Shire Courts-First symptoms of representa-
tion of Towns in the National Assembly, Transitionary period in the
Constitution of Parliament, 1265-1295 — Parliament during latter
years of Henry III.- Parliaments under Edward I. (A.D. 1273,
at Westminster; 1283, Jan., Northampton and York, Sept. Shrews.
bury or Acton Burneil ; 1290, Westminster, grant of aid pur
fille marier; 1294, Westminster; 1295, Westminster)-End of tran-
sitionary period—Perfect representation of the Three Estates of the
Realm Inferior clergy represented in Parliament under praimu-
nientes clause-Convocation - Inferior clergy cease to attend l'arlia-
ment in the 14th century—but preserve the power of self-taxation till
1664—Clergy though still in theory not now practically a separate
Estate of the Realm-Government by King, Lords and Commons
established under Edward 1.–And the right of arbitrary taxation
surrendered-Events leading to the “ Confirmatio Chartarum'--Exac-
tions from the clergy-Dull “Clericis Laicos '-'Maltolte' on wool-
Infractions of Jagna Charta-Foreign service-Earls of llcreford and

PAGE

Norfolk-Edward's speech to the people, Gmnd Remonstrance
presented to the King - rant of the Contirmatio Chartarum, 1297-
De Tallagio non Concedendo?

223—253

GROWTII OF PARLIAJEST (.1.D. 1293-1399).

The National Council gralually wins back an active control over all the

alfairs of the nation-Division of Parliament into two llouses-

Two clements of the Commons, kniglies of the Shire and burgerses-

the knights at first eliberated in I voted with the baroni- Union or

the knights and burnesses in one llouse-Its important consequences

-lo noblesse in Englanl-livil equality of all ranks below the

peergelirual growth of the power of the Commons uncler Edward

11. and Edward Ill. - The Lourido Orcainers '--Irticles of Rororm -

Summary of grievances in 1;09-Riglut or Commons 10 concur in
leurination-helarity of meeting of lrliiment - Innual l'irliaments

- The Coinmundo establish three great right: : (i.) Taution without
Convent illum.al -1.1ppropriation of supplies - Julie of public accouis-
Winges of members)-in.) Lepilation, concurrence of both llouses
necessary-(Diiference between Ordinances and Statutes-Ordinances
of the Staple)--(ii.) Right of Commons to inquire into administrative
abuses-(.ttempt to establislı responsibility of Ministers to Parliament

- First protest on the rolls -- First instance of parliamentary impeach-

ment -The Good Parliament'-Impeachment of Lorils Latimer anal

Neville-Commons intervene in questions of War and Peace-and

exercise active control over various other affairs of State)-REIGN OF

RICHARD II.-Its constitutional importance-Its history during the

three periods : (1.) From 1377 to the coup d'état of 1389; (2.) From

1389 to the second coupil'itut of 1397 ; (3) From 1397 to the King's

deposition in 1399-Insurrection of the Villeins in 1331–History of

Villeinage.

• 259-305

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PARLIAMENT UNDER THE LANCASTRIAN AND YORKIST KINGS

(A.D. 1399-148;).

(IIenry IV., Henry V., Henry VI., Edward IV., Edward V.,

Richard III.)

Characteristics of the Lancastrian Period—Increased importance of the

Commons-Taxation : conditional grants, appropriation of supplies,
examination of accounts-Dependence of supply on redress of griev-
ances-First collision between the two Houses-All money-bills must
originate in the Commons-king ought not to notice matters pending
in Parliament-Petitions assume the form of complete statutes under
the name of Bills—Dispensing and Suspending powers of the Crown-
Right of inquiry into Public Abuses and of controlling the Royal Ad-
ministration - Petition of 31 Articles in 8 Hen. IV.-Right of the
Commons to be consulted as to Peace or War, and in all questions of
National interest-Impeachment-Bills of Attainder-Privilege of Par-
liament—(1) Freedom of speech : Haxey's case-King not to take
notice of Speeches in Parliament-Yonge's case-Sirocle's case-
Stallite 4 llen. VIII.-Freerlum of Speech claimed by Speaker, 1541
-Declaration of Commons, 1621-Cases of Eliot, Holles, and Valen.
tinc— The privile, he contirmed by Lill of Rights—(2) Freedom from

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