English Constitutional History from the Teutonic Conquest to the Present Time

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 elected and
crowned "King of the English"-Theoretically a constitutional king
-Continuity of the Constitution-The Norman race-Effects of the
Conquest Feudalism - Its gradual establishment - The English
redeem their lands-Insurrections, followed by extensive confiscations
-Continental Feudalism-Sub-infeudation-Commendation-Growth
of Feudalism in England-Difference between English and Continen-
tal Feudalism-Feudal tenure of land without feudal principles of
government-Gemôt of Salisbury-Domesday Book-Checks to the
power of the Feudatories-Great Earldoms abolished-Counties Pala-

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 Eadward

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-

zation-Curia Regis-Justiciars appointed-Riches of the Conqueror—

His great power-Harshness of his rule

PAGE

46-74

CHAPTER III.

REIGNS OF THE NORMAN AND FIRST ANGEVIN KINGS.

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- Male consuetudines'

abolished-Forests retained-So-called 'Leges Henrici Primi-Henry

courts and receives the support of the native English-Marries a niece

of Eadgar Etheling - Triumphs over the rebellious barons-Raises up

new men-Strengthens jurisdiction of County and Hundred Courts-

Charters to Boroughs-Royal administration centralized and systema-

tized-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 Coutance, Hubert Walter, and Geoffrey Fitz-l'eter-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

CHAPTER IV.

MAGNA 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 treaty 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-
fessor-Events of John's reign which led to the granting of the Charter
-Separation of Normandy from England-Decay of feudalism-Re-
fusal of the barons to follow the King on foreign service-John's per-
sonal character-Church, baronage and people united against him—
His struggle with the Papacy-Double election to see of Canterbury—
John refuses to receive the Pope's nominee-The Interdict, Excom-
munication and ultimate Deposition-The King submits, and surren-
ders his Kingdom to the Pope-Struggle with the barons-Councils at

75-99

St. Alban's and St. Paul's-Confederacy of the barons at St. Edmund's

-They present their Demands to the King at the Temple-John's

unsuccessful attempts to break up the combination against him-

Assembly of the barons in arms at Stamford-their march to London

-Support of the Londoners-John grants the Charter-Original text

of John's Charter-Analysis and summary of its principal clauses-

Explanatory notes-Mode of enforcing the Charter-Recognition of

the National Unity-Events of John's reign subsequent to the grant of

the Charter-His attempts to evade it-Renewal of the Civil War-

The Crown offered to Lewis of France-Death of John-Accession of

Henry III.-Earl of Pembroke chosen Rector regis et regni

Henry III.'s first re-issue of the Charter-Alterations and omissions-

His second Charter and Charter of the Forest-Omissions, alterations,

and new clauses-Mortmain-His third Charter-Subsequent confirm-

ADMINISTRATIVE SYSTEM UNDER THE NORMAN AND

PLANTAGENET KINGS.

Personal share of the King in all branches of Administration-A trial be-

fore Henry II. in person-The Justiciar-the Chancellor-Curia

Regis-Fiscal Administration-The Exchequer-Sources of revenue

-Important changes in taxation under Henry II.-Personal property

taxed-Pressure of new and systematic taxation excites opposition-

and leads to re-assertion by the Nation of its ancient right to be taxed

only by consent-Fines pro respectu militiae-Judicial system-

Changes in Curia Regis under Henry II.-Division into three courts

of King's Bench, Common Pleas, and Exchequer -Itinerant justices

established by Henry II.-Judges of Assize and Nisi 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 estab

lished-Magnum Concilium-Origin of judicial character of House 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-Nature of its jurisdiction and punishments

-Police and military organization-The Frithborh-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 Fyrd

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

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

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

17th century-Reorganized as the National Militia in 1757

CHAPTER VI.

THE SUCCESSION TO THE CROWN.

The English kingship elective both before and after the Conquest-but re-
stricted under ordinary circumstances to the members of one Royal
House-Growth of the doctrine of Hereditary Right-William the Con-
queror elected by the Witan-Election of William Rufus-Henry I.

144-191

-Stephen-Henry II.-Richard I.-John-Henry III.-Edward I.

the first king who reigned before his coronation—but his reign dated

not from death of his father but from day on which oath of fealty taken

by the baronage-Edward II. declared to be King by descent of

heritage,' but his reign dated from day following the death of his pre-

decessor-Hereditary succession practically established-But subject

to the paramount right of Parliament to re-settle the succession-De-

position of Edward II. —Edward III.-Deposition of Richard II.—

House of Lancaster-Election of Henry IV.-The crown entailed on

Henry IV. and his issue-House of York-Doctrine of indefeasible

hereditary right first promulgated on their behalf-Deposition of Henry

VI. and election of Edward IV.—Richard III.-The crown entailed

by Parliament on his issue-Henry VII.-The crown entailed by Par

liament on him and his issue-Parliamentary settlements of the suc-

cession in the reign of Henry VIII. He is empowered by Parliament

to limit the succession by letters patent or by his last will-He devises

the crown-Act passed on accession of Queen Mary-Queen Eliza-

beth's title—Act passed on her accession-It is made treason to deny

the power of Queen and Parliament to limit the succession-James L.'s

claim to the throne-Doctrine of indefeasible hereditary right-Revo-

lution of 1688-Deposition of James II.-Election of William of

Orange-Act of Settlement-Recapitulation

PAGE

192-222

CHAPTER VII.

ORIGIN OF PARLIAMENT.

A 'Commune Concilium Regni' has always existed-The Witenagemôt-
Curia Regis-Its constitution-The greater Barons'-Hereditary
character of the House of Lords-Spiritual Peers-Lay Peerages for
Life-Ideas of election and representation familiar to the nation-
Council of St. Alban's, 1213, first 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 '-Oligarchies in England—
Simon de Montfort, 'Founder of the House of Commons'--llis 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 Burnell; 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 praemu-
nientes clause-Convocation-Inferior clergy cease to attend Parlia-
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 I.-And the right of arbitrary taxation
surrendered-Events leading to the Confirmatio Chartarum '-Exac-
tions from the clergy-Bull 'Clericis Laicos '—'
''Maltolte' on wool-
Infractions of Magna Charta-Foreign service-Earls of Hereford and

Norfolk-Edward's speech to the people-A Grand Remonstrance

presented to the King-grant of the Confirmatio Chartarum, 1297—

De Tallagio non Concedendo'

ག

CHAPTER VIII.

GROWTH OF PARLIAMENT (A.D. 1295-1399).

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

affairs of the nation-Division of Parliament into two Houses-

Two elements of the Commons, Knights of the Shire and burgesses-

the knights at first deliberated and voted with the barons-Union of

the knights and burgesses in one House-Its important consequences

-No noblesse in England-Civil equality of all ranks below the

peerage-Gradual growth of the power of the Commons under Edward

II. and Edward III.-The Lords Ordainers -Articles of Reform -

Summary of grievances in 1309-Right of Commons to concur in

legislation-Regularity of meeting of Parliament-Annual Parliaments

-The Commons establish three great rights: (i.) Taxation without

consent illegal (Appropriation of supplies-Audit of public accounts-

Wages of members)-(i.) Legislation, concurrence of both Houses

necessary-(Difference between Ordinances and Statutes-Ordinances

of the Staple)-(iii.) Right of Commons to inquire into administrative

abuses (Attempt to establish responsibility of Ministers to Parliament

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

ment-The 'Good Parliament'-Impeachment of Lords Latimer and

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 coup d'état of 1397; (3) From 1397 to the King's

deposition in 1399-Insurrection of the Villeins in 1381-History of

Villeinage.

CHAPTER IX.

PARLIAMENT UNDER THE LANCASTRIAN AND YORKIST KINGS

(A.D. 1399-1485).

(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-Strode's case-
Statute 4 Hen. VIII.-Freedom of Speech claimed by Speaker, 1541
-Declaration of Commons, 1621-Cases of Eliot, Holles, and Valen-
tine-The privilege confirmed by Bill of Rights-(2) Freedom from

PAGE

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259-305

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