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

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Houghton, Mifflin, 1889

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the English kingdom
45
National Citizenship
75
THE OLDENGLISH COMMONWEALTH
81
All aftercomers of the LowDutch stock the Normans originally of the same
87
the civitas of Cæsar and Tacitus
95
The vicus identical with the mark the mark in the time of Tacitus structure
102
principle of election Sovereignty in states nonmonarchical
109
Account of Eutropius only a portion of the Saxons pass into Britain The
115
of Roman civilization a mere military department The defences of Britain
118
Under Fourteenth Amendment citizenship of the United States the primary citizen
125
The comitatus the hlaford
131
Inalienability of family land wills depend at first for validity upon family consent
137
laen
142
CHAPTER IV
149
Primacy of Canterbury York Theodores work completed under Eadward
161
CHAPTER V
170
the king becomes the lord of his people so recognized
177
semblies
183
The witan could elect the king nearest relative of the last king usually chosen
189
Shire and hundred courts both representative assemblies the judices
203
Scheme of presentment contained in the assize the accused required to go to
205
BOOK II
218
lord and man commendation the bene
223
National reaction against Norman influence the election of Harold which
229
Devastation of the north as recorded in Domesday the Conquest not complete
235
390
245
Deposition of the native prelates English Church drawn into greater dependence
259
weakness of the royal authority before the Conquest Wil
268
the curia into a strong judicial and ministerial body
274
Commixture of royal and customary law origin of the trial jury union of races
281
the national council a perfect federal
289
its financial overshadowed by its judicial
301
Pressure of the Royal Authority upon every Class in the Reign
358
Powerlessness of the crown when opposed by the three estates the great quarrel
367
Richard and John claimed that the will of the prince was the law of the land
382
Reforms in the judicial system
389
Office for a time elective finally appointed by the exchequer the coroner
401
Knights of the shire in the parliament of 1264 famous parliament of 1265
403
From the accession of Edward i to the enactment of Quia Emp
404
BOOK III
428
Heiresses degrees of dignity in the peerage earls and barons only prior to
436
House of lords as a court of error in civil cases
443
The shire the trainingschool of the English people in selfgovernment election
450
Relation of the town to the constitution of the hundred sac and soc the corporate
457
The elective bailiff superseded by a mayor inherent power of the communi
463
The formal election of all representatives took place in the county court while
472
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
Tax on personal property originally actual tenths and fifteenths assessment
491
the minority
498
326
499
The right revived by the assembly of estates Deposition of Edward II
505
He rebukes the commons and demands the name of the offending member a fresh
511
Definition of Parliamentary Privileges the Work of the fifteenth Cen
519
468
527
The House of Lancaster
535
296
547
The council after the accession of Henry IV the commons request in 1404 that
552
1455 civil war begins York becomes protector Margaret assumes the leader
557
Stat De Asportatis Religiosorum Stat of Provisors stat for the protection
570
Revival of the monarchy under Edward IV forms of the older constitutional life
576
Constructive treason and torture bills of attainder and the procedure thereunder
582
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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 561 - But it is much otherwise with a king whose government is political, because he can neither make any alteration or change in the laws of the realm without the consent of the...
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 63 - The British Constitution was to Montesquieu what Homer has been to the didactic writers on epic poetry. As the latter have considered the work of the immortal bard as the perfect model from which the principles and rules of the epic art were to be drawn, and by which all similar works were to be judged, so this great political critic appears to have viewed the Constitution of England as thei standard, or, to use his own expression, as the mirror of political liberty, and to have delivered in the...

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