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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.
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.
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...
138-189
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.
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.