CONTENTS.
| CHAPTER I. | |
The Landesgemeinden of Uri and Appenzell—their bearing onEnglish Constitutional History—political elements common tothe whole Teutonic race—monarchic, aristocratic, and democraticelements to be found from the beginning—the threeclasses of men, the noble, the common freeman, and the slave—universalprevalence of slavery—the Teutonic institutionscommon to the whole Aryan family—witness of Homer—descriptionof the German Assemblies by Tacitus—continuity ofEnglish institutions—English nationality assumed—Teutonicinstitutions brought into Britain by the English conquerors—effectsof the settlement on the conquerors—probable increaseof slavery—Earls and Churls—growth of the kingly power—natureof kingship—special sanctity of the King—immemorialdistinction between Kings and Ealdormen—kingship notuniversal—names expressing kingship—beginning of kingshipin England—fluctuation between Kings and Ealdormen—thekingly power strengthened by the increase of the King’s territory—relationsbetween the King and the nation—power of theWitan—right of election and deposition—growth of the kinglypower by the commendation of the chief men—the Comitatusas described by Tacitus—poem on the Battle of Maldon—contrastof Roman and Teutonic feeling as to personal service—instancesof personal service in later times—personal serviceand the holding of land not originally connected—their unionproduces the feudal relation—growth of the Thegns—they supplantthe Earls—effects of the change—change confirmed bythe Norman Conquest. | |
| Pp. [1]-55 | |
| CHAPTER II. | |
Gradual growth of the English Constitution—new laws seldom calledfor—importance of precedent—return to early principles inmodern legislation—shrinking up of the ancient national Assemblies—constitutionof the Witenagemót—the Witenagemót continuedin the House of Lords—Gemóts after the Norman Conquest—theKing’s right of summons—Life Peerages—origin ofthe House of Commons—comparison of English and Frenchnational Assemblies—of English and French history generally—courseof events influenced by particular men—Simon ofMontfort—France under Saint Lewis—bad effect of his virtues—goodeffect of the vices of the Angevin Kings in England—effectof the personal character of William the Conqueror—theNormans in England gradually become English—the Angevinsneither Norman nor English—their love of foreigners—struggleagainst the King and the Pope—national character ofthe English Church—separation of ecclesiastical and temporaljurisdiction under William—supremacy of the Crown—itsabuse—good side of ecclesiastical claims—interference of thePopes in English affairs—the Pope and the King in leagueagainst the English Church and nation—importance of London—generalgrowth of the towns—beginning of representation—Knightsof the shire—judicial powers of Parliament—citizensand burgesses first summoned by Earl Simon—his connexionwith Bourdeaux and London—Simon a foreigner—religiousreverence shown to him and to other political worthies—Edwardthe First—the Constitution finally completed underhim—nature of later changes—difference between English andcontinental legislatures—system of Estates—three Estates ofthe Realm—no nobility in England—no separate Estate of theClergy practically established—effects of the union of knightsand citizens in one House—incidental origin of the system oftwo Houses—misuse of the phrase “three Estates”—growthof the House of Commons—general harmony of the two Houses—greatpowers of the early Parliaments—character of the fifteenthcentury—Parliaments less independent—narrowing ofthe county franchise—popular elections of Kings—signs of theimportance of Parliament—character of the sixteenth century—generaldecay of free institutions in Europe—their preservationin England—subserviency of Parliament—its causes—effectsof the personal character of Henry the Eighth—hisrespect for the outward forms of Law—indirect witnesses to theimportance of Parliament—tampering with elections—enfranchisementof corrupt boroughs—Parliament under Elizabeth—Jamesthe First—Charles the First—nature of later changes. | |
| Pp. [56]-110 | |
| CHAPTER III. | |
Character of later constitutional developments—greater importanceof silent changes—growth of the unwritten Constitution as distinguishedfrom the written Law—Sir Robert Peel’s vote ofwant of confidence—its bearings—the growth of the Constitutionimplies the firm establishment of the Law—relations betweenthe Crown, the Ministry, and the Parliament—indirectexercise of parliamentary power—origin of the Ministry—recentuse of the word Government—causes and advantages ofindirect parliamentary action—growth of professional lawyers—theirinfluence on constitutional doctrines—their reasoningmainly sound, but their premisses commonly worthless—returnof modern legislation to the earliest state of things—doctrinethat Parliament expires by a demise of the Crown—an inferencefrom the doctrine about the King’s writ—contrast withOld-English constitutional doctrines—doubts and difficultieswhich Old-English principles would have answered—case of1399—deposition of Richard and election of Henry—legalsubtleties about the character and continuance of the Parliament—caseof 1660—question as to the continuance of theLong Parliament after the execution of Charles the First—questionas to the nature and powers of the Convention Parliament—theConvention declared to be a Parliament by its ownact—question of 1688-9—history of the second ConventionParliament—question as to the effects of Mary’s death—each ofthese acts a return to earlier doctrines—their value as possibleprecedents—modern legislation as to the demise of the Crown—Parliamentno longer dissolved by it—Act of William theThird—Act of George the Third—Act of Victoria—reasonablenessof this legislation—case of the Folkland or public land—itsgradual change into Terra Regis or demesne land—thenational revenue disposed of at the King’s pleasure—return toearlier doctrines in modern practice—case of the private estatesof the King—dealt with in earlier times like any other estates—doctrinethat the private estates of the King merged in thedemesne of the Crown—return to ancient practice by modernlegislation—other cases of return to ancient principles—historyof the succession to the Crown—the Crown anciently elective—preferencefor members of the royal family—growth of thedoctrine of hereditary right—treatment of the law of successionby lawyers—twofold election of the King—his ecclesiasticalcoronation—the ecclesiastical election survives the civil—stateof the succession in the fourteenth and fifteenth centuries—rightof Parliament to dispose of the Crown—electionof Henry the Eighth—settlement of the Crown by his will—usurpationof the Stewarts—their doctrine of divine right—theancient right asserted by the election of William and Mary—theCrown made hereditary by the Act of Settlement—goodside of hereditary succession in modern times—conclusion. | |
| Pp. [111]-160 | |
| NOTES | Pp. [161]-230 |
THE GROWTH OF THE
ENGLISH CONSTITUTION
FROM THE
EARLIEST TIMES.