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FREE GOVERNMENT—ITS CHARACTER AND OFFICE.
It is a State of Laws-The British System-Its Rigid Enforcement-The
Union an Elective System-Its Elective Preservation-Its Popular
Failure-Organic Laws-Their Office-Certain Rights of Persons
never Enter into Government-Too much Power a Source of
Weakness,
NOTES,
PAGE
17
33
CHAPTER II.
THE STATE AND FEDERAL GOVERNMENTS.
Their Unity-The State Exclusive Judge of Prohibited Powers-The Union
not a Civil Polity-Not a Democracy-Persons and Majorities-How
Regarded-The Slavery Question-Its Alleged Incompatibility with
Free Institutions-The Law of its Existence and Extirpation,
36
NOTE,
49
CHAPTER III.
THE JUDICIARY.
Its Office in a Government of Laws-Its High Trusts and Duties-Suspected
and Convicted Persons-How Regarded-Habeas Corpus-Extra-Con-
stitutional Measures-Device for Violating Laws-Bold Usurpations-
The Union a Brotherhood-Accountability of Federal Officials to the
Judiciary-The Equilibrium of the System,
CHAPTER IV.
THE HABEAS CORPUS ACT.
Its Legal Office-Necessary to Free Government-How Suspended-The
Right of the President and Congress Denied-Originated with Us-
Subordination of the Military Power-Constitution Suspended by.
Overthrow of Judiciary-Military Government a Usurpation-Habits
and Traditions a Part of our System-Demoralizing Effects of Military
Rule upon the Civil Power,
CHAPTER V.
79
96
MARTIAL LAW.
The Guardians of Civil Liberty should understand what is Martial Law-
Its Origin and Original Powers in England-The Extension of the
Civil Establishment-Martial Law confined after the Great Charter
exclusively to the Military Service-Its Complete Subordination to the
Civil Power by the Petition of Right-The English System Ours-Mar-
tial Law in the United States-Revolutions-Cromwell-His Military
Government through Twelve Major-Generals-Where Laws Fail it is a
Despotism-Exposition of Martial Law by the Supreme Court of the
United States-Its Exposition in England by Lord Loughborough,
99
PART IL
CHAPTER I.
THE ANGLO-SAXON SYSTEM OF LOCAL SOVEREIGNTIES.
Object of the Present Work-Freedom Among the Anglo-Saxons-Eorls
and Ceorls-Origin of the Distinction-Local Character of the Saxon
System-The Tything and Frank-Pledge-The Hundred-The Burgh—
The Shire-Illustration of County Court Proceedings-Origin of Legal
Customs in the Folk-Courts-Constitution and Powers of the Wittena-
gemote-Constitution of the Saxon Empire-Decadence of the Saxon
System,
THE FEUDAL SYSTEM OF CONSOLIDATED MILITARY POWER.
Origin of the Feudal System-Nature of the Feudal Tenure of Land in
Consideration of Military Service-Socage-Homage-Allegiance-
Amount of Service-Scutage-Reliefs-Heriots-Fines on Alienation
- Escheats-Aids - Wardship - Marriage-Conversion of Allodial
Lands into Feudal Tenures-Serfdom-Establishment of Feudalism in
England,
142
Necessities of Despotism-Suppression of the Anglo-Saxon System and
Language-Confiscation-The New Forest and Forest Laws-Tyranny
156
of the King over the Nobles-Exact Definition of Conquest-Rem-
nants and Traditions of the Saxon System-Charters-Rufus-Henry
I.-Stephen-Matilda-Henry II.-Richard II.-First Impeachment
by Parliament,
161
168
THE GIVING OF MAGNA CHARTA.
State of the Kingdom at the Accession of John-Early Acts of his Reign-
Murder of Prince Arthur-Refusal of the Barons to follow John into
France His Seizure of the Temporalities of Canterbury-Appoint-
ment of Langton to the Archbishopric-England under Interdict-
The Kingdom given by the Pope to Philip of France-The Interdict
Removed John's Oath before receiving Absolution-Discovery of the
Charter of Henry I. by Langton-The Barons Swear to Maintain it, and
Demand that John shall Ratify it-They Raise an Army-London De-
clares for the Barons-The Meeting at Runnymede-The Charter
Granted-Its Character and Provisions-Recognition of the Right of
Rebellion-Hume and Hallam on the Charter,
MAGNA CHARTA,
COVENANT OF SECURITY,
NOTES ON THE GREAT CHARTER,
THE RISE OF PARLIAMENTARY REPRESENTATION.
176
185
191
204
Sufficiency of Magna Charta-Necessity of Further Guarantees-Power of
Parliament in the Reign of John-Absence of the Representative Prin-
ciple-Henry's Ratification of the Charter of King John-Blending of
the Norman and Saxon Races-Henry's Mortgage of the Kingdom to
the Pope-The Government Intrusted to Twenty-Four Barons-The
Civil War-De Montfort's Parliament-Overthrow of De Montfort-
First Constitutional House of Commons-Accession of Edward I.-His
Confirmation of the Charter-Statute de Tallagio non Concedendo-
Final Settlement of Parliamentary Representation,
229
238
CHAPTER VI.
TRIAL BY JURY.-THE HIGH COURT OF STAR-CHAMBER.-SLAVERY IN ENGLAND.
Observations on the Period from Edward I. to the Stuarts-Essential Fea-
ture of the Jury Trial-The Roman Jury Trial-Peculiarity of the
English Jury Trial-Its Origin in the Saxon Courts-Compurgators—
Recognitors-Trial by Peers in Magna Charta-Witnesses Called in
Aid of Jurors under Edward III.-Modern Constitution of the Jury
Settled under Henry IV.-Subsequent Changes-Blackstone on the
Jury Trial-Court of Star-Chamber-Its Origin-How Settled under
Henry VII.-Its Jurisdiction under Henry VIII.-Historical Discus-
sion-Mode of Procedure-Its Abuses and Effects-Civil Jurisdiction
of the Star-Chamber-Its Enormities Described by Clarendon-Obser-
vations-Saxon Slavery in England-General Remarks on Slavery-
Account from Hallam of its Gradual Disappearance in England-Con-
clusion,
246
274
CHAPTER VII.
THE STUARTS.-JAMES I.
Character of the Stuart Period-Accession of James-His Speech on Open-
ing his Parliament-Definition of Tyranny-The Doctrine of Divine
Right-Severities against Roman Catholics-Parliament in 1609-
Act for Compelling Oaths of Allegiance-The Commons Maintain
their Right to Decide Election Returns-Parliamentary Privilege-
Their "Apology" to the King-They Expel a Member at his Dicta-
tion-High Prerogative Speech of James to the Parliament in 1610-
Illegal Exaction of Tonnage and Poundage-Remonstrance of the Com-
mons-Case of Dr. Cowell-Consideration of Grievances-Attempt at
Union between England and Scotland, and at the Abolition of Feudal
Tenures-Expedients of James for Raising Money-The Undertaker's
Parliament-Parliament of 1620-'21-James's Speech-Dispute of the
Commons with the King on Adjournment-Parliament Reassembled―
The Proposed Spanish Match-Petition of the Commons-Angry Let-
ter of James to the Speaker-Second Petition and Remonstrance of
the Commons-James's Answer-Protestation of the Commons-It is
Torn out from the Record by the King-Punishment of Members-
Parliament of 1623-Monopolies, together with the Suspending and
Dispensing Powers of the King, Abolished-Concluding Observations, 280
CHAPTER VIII.
THE STUARTS, CONTINUED.-CHARLES I.-FIRST THREE PARLIAMENTS TO THE
PETITION OF RIGHT.
Introductory Observations-First Parliament-Charles's Speech-Tonnage
and Poundage Granted for One Year by the Commons-Illegal Collec-
tions of them by Charles-Hatred against Buckingham-Dissolution
of Parliament-Exactions and Forced Loans-Second Parliament-
Haughtiness of Charles-Preparation of the Commons to Impeach
Buckingham-Commons Pass Supply Bills to be Granted when
Grievances have been Heard-Unconditional Supply Demanded-
Commons' Remonstrances-Impeachment of Buckingham-Imprison-
ment of Diggs and Elliot-Abrupt Dissolution of Parliament-Re-
newed Exactions and Imprisonments-Expedition to Rochelle-Third
Parliament-Unconciliatory Speech of Charles-Complaint of Griev-
ances-Sir Peter Hayman-Resolutions of the Commons-Address to
the King-The Petition of Right First Agitated-Charles Endeavors
to Prevent Discussion, offering His Royal Promise to Maintain the
Charters-Permission for a Bill Given-Speeches of Elliot and Coke
-Conference with the Lords-Their Proposition-Outline of the Pe-
tition-Charles's Ambiguous Assent-Clerical Politics-Dr. Mainwar-
ing-Charles Forbids Censure of Ministers-Excitement in the House
Explanatory Message from the King-Regular and Final Passage of
the Petition of Right-Joy of the People,
PETITION OF RIGHT,
302
325
CHAPTER IX.
CHARLES 1.-FROM THE PETITION OF RIGHT TO THE GRAND REMONSTRANCE,
Five Subsidies Granted to the King-Punishment of Dr. Mainwaring-Ille-
gal Commission of Excise Cancelled-Remonstrance of the Commons
Concerning Tonnage and Poundage-Parliament Prorogued-Charles's
Speech-Reassembling of Parliament-Consideration of Grievances
and Outrages-The King Consents to Tonnage and Poundage as a
Parliamentary Grant-Further Irritations by the Star Chamber-
Charles Commands an Adjournment-Resistance of the Commons—
Their Protestation-Charles's Proclamation-Imprisonments-Disso-
lution-Remarks of Clarendon-Daring Proclamation by the King-
Prosecutions of the Imprisoned Members-Disregard of Habeas Corpus
by the Judges-Royal Exactions from the People-Feudal Oppres-
sions and Forest Laws Restored-Ship Money-John Hampden-
Charles's Doctrine of MILITARY NECESSITY Sustained by the Judges in
an "Extra-Judicial Opinion "-The Short Parliament-Grievances
Considered-Supplies Demanded by the King-Answer of the Com-
mons-Dissolution-The Long Parliament-Its Temper from the First
-Unanimity of Lords and Commons-Late Proceedings of the King,
and the Extra-Judicial Opinion of the Judges in Regard to Ship Money
Declared Illegal-Monopolists and Patentees Excluded from Parlia-
ment-Humiliation of the King-Tenure of Judges' Appointments to
be henceforth for Life-Act for Triennial Parliaments-Act to Pre-
vent Sudden Adjournments and Dissolutions--Charles Gives up his
Claim to Tonnage and Poundage--Abolition of the Court of Star Cham-
ber and High Commission Court-Ship Money, Forest Claims, and
Feudal Exactions Abandoned-Observations-Satisfaction of Reason-
able Men Among the Commons-Welcome of the King in London on
his Return from Scotland-Puritanism,
CHAPTER X.
329
CHARLES I-THE REIGN OF PURITANISM-FROM THE GRAND REMONSTRANCE TO
THE END OF CONSTITUTIONAL LEGISLATION UNDER CHARLES.
The Grand Remonstrance Carried by a Puritan Majority of Eleven-Saying
of Cromwell-Different Opinions Concerning the Remonstrance--Its
Futility-Sketch of its Contents--Object and Determination of the
Puritans-Their Exasperation of the King-Royal Impeachment and
Imprisonment of Lord Kimbotton and the Five Members-Declaration
of the Commons-Return of the Five Members-Separation of King
and Parliament-His Efforts at a Reconciliation-Implacability of the
Puritans--Bishops Removed from Parliament-The "Root and Branch
Bill "--Abolition-Militia Bill-The King Refuses His Assent--Mes-
sage to the King from Parliament-His Answer-General Review-
Puritan Despotism-Cromwell,
CHAPTER XI,
351
CHARLES II.-THE RESTORATION.—ABOLITION OF THE FEUDAL TENURES.-HABEAS
CORPUS ACT.
England Under Cromwell-Reaction from Puritanism at the Restoration-
Tendency to Restore Absolutism-Moderation of the Royalists-the