Imágenes de páginas



[ocr errors]


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




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-

[merged small][ocr errors][merged small]




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




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




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

[ocr errors]


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


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


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 -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


• 259-305

[blocks in formation]


(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

« AnteriorContinuar »