CONTENTS.

CHAPTER I.

FROM THE EARLIEST TIMES TO THE ACCESSION OF WILLIAM I.

PAGE

Introductory-Montesquieu quoted-Rome and England com-

pared-Freeman quoted-Governments-Limited Monarchy

-Austin quoted-From Cæsar to Hastings-Thanes and

Ceorls-Slaves-Townships-Sac and Soc-Hundreds-

Court of the Hundred-The Shire Court-The Witanagemot

-The Clergy-The Towns-Trial by Jury-Bushell's Case

-Frankpledge-Bocland and Folcland.

1-21

CHAPTER II.

FROM THE ACCESSION OF WILLIAM I. TO THE BATTLE OF

BOSWORTH.

The Conquest-Feudal System-How far in Existence pre-

viously-Fully established at the Conquest-Tenants-in-

capite-The Feudal Incidents-Aids, &c.-The Feudal

System as established in England how different from that

existing on the Continent-William II.-The Crusades-

Henry I.-His Charter-The Laws of the Confessor, what

-Stephen-Establishment of Schools at Oxford for the

Study of the Canon and Civil Law-Henry II.-The Quarrel

with Becket-Constitutions of Clarendon-Richard I.—

John-State of England at his Accession-Villeinage-

Somerset's Case-Slave Grace's Case-Pressing for the

Navy-Wallis v. Day-Villeinage, when established—

Villeins regardant-Villeins in gross-Means for gradual

Extinction of Villeinage-Probably confined to Rural Dis-

tricts-Tenures by which Lands were held-Tenure by

Knight Service-Tenure by free Socage-Grand Serjeanty

-Petit Serjeanty-Incidents common to all three Tenures

CHAPTER II.-continued.

and those peculiar to each-Tenure in Villeinage-Copy-

holds-Rights of Common-Inclosure of Commons, how

effected-The Legal System-Curia or Aula Regis-Court

of King's Bench-Of Common Pleas Of Exchequer-The

Chief Justiciar-The Curia Regis, how distinguished from

the Great Council-The Court of Exchequer-Justices in

Eyre-The Court of Common Pleas-The Office of Chief

Justiciar abolished by Edward I.-The Court of King's

Bench-The Lord Chief Justice of England-The Court of

Chancery-Magna Charta-Hallam's Summary of the Pro-

visions of the Charter - Mackintosh on the Charter

Edward I.-Legislative Improvements-Blackstone's Classi-

fication-Mortmain, what-Gifts in Mortmain forbidden by

Statute-Invention of Uses-Statute of Uses-Use upon a

Use-The Use devisable-Statute of Wills-Mortmain Act

-Statute of Provisors-Statute of Præmunire-Nobility-.

Noblesse-Civil Equality, to what attributable.

PAGE

22-60

CHAPTER III.

THE GROWTH OF PARLIAMENT.

PART I.

Early History of Parliament.

The Great Council-The Barons and inferior Tenants-in-chief

-Principle of Representation-Name of Parliament when

first given-Lesser Barons-Selden's Theory-Madox's

Theory-Selden's Theory adopted - Representation of

Cities and Boroughs-Rendered indispensable by the Abo-

lition of Tallages-Progress of the Towns-Towns let to

Fee-farm-Charters of Incorporation-City of London-

Political Influence of London-Authorities in favour of an

earlier Representation of Boroughs-St. Albans-Barnstaple

-The Upper House-The Bishops-The temporal Peers-

Peerage becomes hereditary-Life Peers-Fact of there

being only two Houses of Parliament important — One

Parliament for all England-Differences between the two

Houses few-Reasons-Gradual Growth of the Constitution

-Right of Taxation-Directing and checking Expenditure

-Supply to depend on Redress of Grievances-Illegal Ordi-

nances and Interpolations-Private Bills-Punishing Mem-

bers-Instances of important Impeachments-Mompesson-

Bacon-The Earl of Middlesex-Buckingham-Strafford

-Clarendon-Danby-Fitzharris.

61-83

CHAPTER III.-continued.

PART II.

Privileges of Parliament and its later History.

Freedom from Arrest-Summary of Cases-Freedom of Speech

-Summary of Cases-Money Bills-Disputed Elections-

Punishing Members-Appropriation of Supplies -Com-

mission of Public Accounts-Qualification of Electors-

7 Hen. IV. c. 15-8 Hen. VI.-First Disfranchising Statute

on record-Growing Importance of the House of Commons

-Members Paid up to Henry VIII.'s Reign-Number of the

House, temp. Edward I. — Creation of Boroughs, temp.

Edward VI.—Temp. Mary-Temp. Elizabeth-Newark last

instance of Borough created by Royal Charter-In whom

the Elective Franchise in Ancient Boroughs was vested-

Theories on the Subject-Number of Members, composing

the House of Lords-Judicial Power of the House of Lords

-Skinner's Case-House of Lords establish their Right to

Freedom from Arrest, temp. Charles I.-The Earl of

Arundel's Case - Refusal of a Writ of Summons to the

Earl of Bristol-Voting by Proxy-Recording Dissent in

Journals of the House-Attempt to limit the Number of

Peers-Constant additions to the House-Representative

Peers of Scotland-Representative Peers of Ireland-Per-

mission given to Irish Peers to sit in the House of Commons

-Peerages of the United Kingdom-Summary of Creations

-Antiquity of Peerage-Changes in the Composition of

the Peerage-Its Representative Character-Extension of

the Representative Principle-Disproportion between the

Representative and Hereditary Peers - Scottish Peers

created Peers of Great Britain-Their Right to sit denied

-Rights admitted-Present Position of Scottish Peerage—

Fusion of the Peerages of the Three Kingdoms -- Hereditary

Character of Peerage-Reform Bill of Ï832-Reform Bill

of 1867-The Ballot Act-Table of Privileges of Parliament

-Grenville's Act-Sir R. Peel's Act--The Act of 1868-

Government by Party-Publication of Debates.

PAGE

83-123

PART III.

Constitutional Law in its relation to Parliament, and the

Prerogatives of the Crown.

Privileges of Parliament, how far controllable by Courts of Law

-Stockdale v. Hansard-Case of the Sheriff of Middlesex

-3 & 4 Vict. c. 9-Summary-the Royal Prerogative—

Writ ne exeat regno.

-

124-137

CHAPTER IV.

PART I

From the Accession of Henry VII. to the Restoration.

Limitations to the Royal Authority on the Accession of Henry

VII.-Statute for the Security of a King de facto- Vane's

Case-Statute of Fines-The Aula Regis-The Origin of

the Court of Star Chamber-Poyning's Law-Henry VIII.

Powers of the Crown-How extended-In extorting

Money-Extending Laws relating to Treason-Declaring

the King's Proclamations equal to Laws-Despotic Power

of Henry VIII.-To what due-Edward VI.-Repeal of

Statutes-History of the Law of Treason-Mary-Elizabeth

-The defective Security for the Liberty of the Subject-

Illegal Proclamations-Martial Law-The Relations of the

Crown with the House of Commons-Monopolies-Members

imprisoned for discussing forbidden Matters-Strickland-

Bell-Peter Wentworth-Cope-Sir E. Hobbey-Morice-

Pretensions of the Crown-Case of Cavendish-First general

Poor Law-Second great Poor Law Bill-James I.-Bates's

Case-Grievances-Lord Coke-State Trials-Impeach-

ments-House of Commons-Charles I.-First Parliament

-Second Parliament-Charles endeavours to rule abso-

lutely - Darnel's Case - Third Parliament - Petition of

Right-Charles rules absolutely-Imports on Merchandise

-Knighthood-Forest Laws-Monopolies-Ship Money-

Fourth Parliament-The Long Parliament-First Period-

Triennial Bill-The Septennial Act-Second Period-

Historical Sketch of the History of the Military Force in

England-Cromwell-His Powers-Barebones' Parliament

--Navigation Laws-The Convention Parliament...

PAGE

138-189

PART II.

From the Restoration to the Revolution.

Charles II.-Acts of Uniformity-The Conventicle_Act-The

Five Mile Act-Acts of Supremacy-The Test Act-

The Parliamentary Test Act-Summary - Penal Laws

relating to Religion classified-The Restraints put on the

Press-The Licensing Acts-History of the Law relating

to the Press summarized-The Attack on the Corporations

-Corporations after the Revolution-The Municipal Cor-

porations Act-The Corporation of London exempted-

The Habeas Corpus Act-Proclamations James II.-

-

CHAPTER IV.-PART II.-continued.

Creasy's Account of this Reign-The Case of the Seven

Bishops-The Dispensing Power-The Right of the Subject

to petition-The Kentish Petition-Lord George Gordon's

Petition-The Chartist Petition-Nature of a Seditious

Libel-Important Trials for Seditious Libel-The Crisis

in 1688-Constitutional Difficulties at the Revolution-

William III.-Bill of Rights-Act of Settlement―The

Fifth Section considered-The Privy Council- The Cabinet

Council-The Sixth Section-Placemen-The Seventh

Section The Difficulties of William's Position-Com-

pletion of the Revolution-The Non-jurors - The Pro-

ceedings of Parliament--The Mutiny Act-The Civil List

-The Toleration Act-Religious Toleration not extended

to Papists till Reign of George III.—The Roman Catholic

Relief Act of 1788-Catholic Emancipation, 1829-Con-

clusion.

PAGE

189-242

CHAPTER V.

LEADING CASES IN CONSTITUTIONAL LAW.

The Provinces of Constitutional Law and History compared-

Calvin's Case-Allegiance defined-Allegiance how severed

-Denizen-Colonies-Law relating to-Alien friend-

Alien enemy-The Bankers' Case - Leach v. Money

Wilkes v. Wood-Entick v. Carrington-Law as to

General Warrants epitomised-Cases seemingly in opposi-

tion to above-Hill v. Bigge-Civil Liability of a Governor

-Governor not a Viceroy-Criminal Liability of a Governor

- General Picton's Case-Governor Wall's Case-Sum-

mary-Sutton v. Johnstone-Kemp v. Neville

243-253

F.