The Origin and Growth of the English Constitution: The making of the constitution

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Houghton, Mifflin, 1889

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Systematic study of the canon law begins in the reign of Stephen Distinct ecclesi
14
220
22
Tribal sovereignty territorial sovereignty the outcome of the process of feudali
26
All the elements of municipal life drawn from a Teutonic source the township
35
Colonies transformed into sovereign states which are substantial reproductions
48
physiography of North
86
general character of the Teutonic political system the substruc
90
Distinctions of Rank
97
77
100
The Hundred and the Hundredmoot
106
13
111
The free and the unfree the free the ceorl and eorl the unfree læts and slaves
126
Struggle for its possession between England France and Spain European
135
THE GROWTH OF NATIONAL UNITY
149
201
165
CHAPTER V
170
The heretoga or ealdorman the ealdorman advanced to the dignity of kingship
174
221
187
The witan could elect the king nearest relative of the last king usually chosen
189
93
192
The ealdorman remains the head of his district Tribal sovereignty the kings
199
the Roman conquest Cæsar
202
Cnut his election as king of all England divides the kingdom into four earl
215
Federalism as a System of Government
223
Feudalism the product of the union of the beneficiary system with that of com
224
Harold retains the West Saxon earldom Eadwine and Morkere the earldoms
230
the king and the witan
238
England based her claims upon voyages of the Cabots the great titledeed James
241
New police system embodied in tithings and hundreds as numerical divisions
248
The comitatus the hlaford the loafgiver the gesith or companion the thegn
250
The Domesday Survey
253
Manorial courts liberties or honors Courts of the shire and hundred kept up
254
Henrys charter the parent of the Great Charter Henrys marriage with Margaret
273
Survival of the hundred court Centralization of justice and the growth of immu
280
The London Company and its work the Plymouth Company and its work
284
Becket as primate first quarrel between Thomas and the king touching taxation
285
King legislates as of old with the advice and consent of his council charters
291
Headship of the shire divided between the ealdorman and sheriff the term
304
18
318
OldEnglish legal procedure private summons the issue the burden of proof
321
Same system applied in Williams day to the trial of private cases involving land
331
Johns quarrel with the nobles taxation of the baronage and military service
376
219
380
Privileges of London and of all other cities and towns guaranteed rights of
381
The constitution of the national council defined no taxation without its consent
387
The Achaian League whose national government acted directly upon the citizen
391
64
400
450
401
Knights of the shire in the parliament of 1264 famous parliament of 1265
403
527
413
Representatives from cities and towns first appear in the parliament of 1265 growth
418
BOOK III
428
All of which rested on the requisition system Effects of geography upon federa
429
Their election after the Conquest the question of investiture Concordat
436
Statute of 11 Henry VI Exemption from legal arrest and distress Thorpes
440
House of lords as a high court for the trial of all persons impeached by the com
441
Rousseau English Reformation its four stages
442
138
444
The state
446
256
447
Agenda of the iter of 1194 The sheriff becomes the executive head of the shire
448
346
449
Instances of royal interference with local justice prior to the Conquest after
453
Effects of the French and Indian war on the cause of union Stamp Act Congress
466
The witness of the community the new method of conveyancing the estate con
467
348
475
It is probable that the three estates deliberated apart from the beginning save when
479
Representatives from the towns summoned for the same reason the struggle
485
Abuses and uncertainties which grew out of the procedure by petition
496
Definition of Parliamentary Privileges the Work of the fifteenth Cen
516
and the commons their growing influence based upon the money
539
Beginnings of the navy OldEnglish fleets the Conqueror and the Cinque Ports
549
The council after the accession of Henry IV the commons request in 1404 that
552
A parliamentary regency established the struggle for supremacy in the council
555
350
558
its accession marks the beginning of a long period of
561
Champerty and maintenance heraldry
567
lences forbidden and popular legislation enacted statute upon the subject
586
Modern political science Machiavelli
592
Origin of parties
604
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Página 75 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Página 17 - This principle was that discovery gave title to the government by whose subjects, or by whose authority, It was made, against all other European governments, which title might be consummated by possession.
Página 57 - We are convinced policy and justice require that a country unsettled at the commencement of this war, claimed by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress into free, convenient and independent governments, in such manner and at such times as the wisdom of that assembly shall hereafter direct.
Página 384 - ... to ransom his body, and to make his eldest son a knight, and once to marry his eldest daughter; and for this there shall be only paid a reasonable aid.
Página 408 - It shall not be lawful from henceforth to any to give his lands to any religious house, and to take the same land again to hold of the same house. Nor shall it be lawful to any house of religion to take the lands of any, and to lease the...
Página 82 - At the end of the fourth century, and the beginning of the fifth, Christianity was no longer a simple belief, it was an institution — it had formed itself into a corporate body.
Página 265 - So very narrowly he caused it to be " traced out, that there was not a single hide, nor one virgate of land, nor even, " it is shame to tell. though it seemed to him no shame to do, an ox, nor a cow, " nor a swine was left, that was not set down.
Página 605 - Party is a body of men united for promoting by their joint endeavors the national interest upon some particular principle in which they are all agreed.
Página 519 - For, as every court of justice hath laws and customs for its direction, some the civil and canon, some the common law, others their own peculiar laws and customs, so the high court of parliament hath also its own peculiar law, called the lex et consuetude parliamenii : a law which sir Edward Coke (n) observes is, " ab omnibus quaerenda, u mullís ignorata, a paucis
Página 251 - Equity, meaning by that word any body of rules existing by the side of the original civil law, founded on distinct principles and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles.