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

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Houghton, Mifflin, 1889

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Municipal history of Boston incorporation of Southern towns
39
Legislative power constitutional limitations an American invention
45
The executive department the President and George III
66
zation
73
First section of the Fourteenth Amendment first defines national citizenship
76
Growth of the English Kingdom
79
The executive power the judicial power
82
Distinctive Racetraits
94
Distinctions of Rank
97
CHAPTER III
117
72
125
hood
131
A laen generally an estate for life occupancy at the will of the lord an unbooked
142
CHAPTER IV
149
He was the first of the archbishops whom the whole English church consented
160
201
165
Primary assemblies die out everywhere but in England
167
The folkmoot shrinks up into the witenagemot composition of the witan every
184
222
187
260
188
Folkland growth of great estates probabilities as to their origin
189
93
192
the Roman conquest Cæsar
202
Next jurisdiction sacu itself controversy as to the time of the origin of private
208
Federalism as a System of Government
223
Feudalism the product of the union of the beneficiary system with that of com
224
CHAPTER II
232
139
237
England based her claims upon voyages of the Cabots the great titledeed James
241
Fusion of Norman and OldEnglish judicature The breaking up of the curia
248
The Domesday Survey
253
Survival of the hundred court Centralization of justice and the growth of immu
256
Henry I the Administrative System
266
140
273
The growing together of OldEnglish Local Machinery and Norman
280
conflict with
284
74
293
The Great Survey based upon hides and carucates growth of the system
295
Interstate citizenship constitution failed to define national citizenship the Dred
299
By the end of the fifteenth appears the trial jury of modern times Trial by battle
311
Anselm and Henry I Rome and the pallium
347
Barony by summons feudal rule of primogeniture the right to be summoned
354
The patriot bishop of Lincoln clerical opposition to taxation assessment of real
358
235
360
From the Loss of Normandy to the signing of the Great Charter
364
Council at St Albans August 4 1213 representatives from townships summoned
376
Reforms in the judicial system
388
John dies October 19 1216
394
Disclosure of the kings debts to the parliament of 1257 The Barons War 1258
400
Revival of the monarchy under Edward IV forms of the older constitutional life
406
Remedy for evasions of statute conquest of Wales 128283
408
Parliament as an Assembly of Estates
414
325
422
BOOK III
428
All of which rested on the requisition system Effects of geography upon federa
429
326
441
Modern shire an aggregation of hundreds the representative principle at work
446
The view of frankpledge the manorial court leet sheriffs tourn and leet busi
451
The struggle for emancipation from sheriff and lord the firma burgi
457
Johns charter to London summary
464
Representatives required to give security for their attendance the plena potestas
475
55
478
Export tax on wool first fixed by the parliament of 1275 first legal foundation of
489
Representatives from the cities and towns first summoned to parliament by Earl
490
Hundred Years War right to appropriate the supplies to special purposes
497
Under the writ commanding the sheriff to return members from the towns he could
510
right to elect a speaker his demand of the rights
520
Statute of 11 Henry VI Exemption from legal arrest and distress Thorpes
529
Wycliffe and the Lollards statute of 1382 to which the commons did not
536
Growth of the doctrine that the crown should be controlled by the council and
543
The Executive Power the King
547
The council after the accession of Henry IV the commons request in 1404 that
552
Beaufort who in 1424 had been made chancellor in 1441 became chief minister
555
463
557
its accession marks the beginning of a long period of
561
353
568
465
574
Its practical inefficiency due to the turbulence of the times extraordinary powers
581
Fall of the house of York it establishes tyranny and yet fails to guarantee order
587
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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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