PREFACE. THE aim of this work is to give a concise but comprehensive history of the origin and development of the English Constitution. It is intended, primarily, as a Text-book for students, but I trust that it may also prove not unacceptable to the general reader. In its composition, while necessarily making ample use of Hallam's masterpieces, I have availed myself largely of the writings of Professor Stubbs and Mr. Freeman, which have thrown so much new light upon the earlier phases of our Constitution. In the most recent period, the Constitutional History of Sir Erskine May has been my chief guide. But numerous other authorities have been consulted, and to all of them references are given in the notes, both as vouchers for the facts stated, and as indications to the student where to seek for further and fuller information. The arrangement adopted is mainly chronological, but with occasional deviations from the strict order, where I have thought it most convenient to treat of some particular topic in a continuous manner. Ecclesiastical matters have been considered, throughout, under a purely political aspect, and in tracing the growth of our Institutions, I have endeavoured, as far as possible, to keep aloof from all party spirit. Though adding somewhat to the bulk of the work, I have deemed it advisable to give in full the texts of Magna Charta, the Petition of Right, and the Bill of Rights, the three great landmarks of English Constitutional History. THE TEMPLE, March, 1875. CONTENTS. FROM THE TEUTONIC CONQUEST OF BRITAIN TO THE Origin of the English-Teutonic Conquest of Britain-Germanic origin of English Institutions-Ancient German polity-The successful leaders assume the regal title-Conversion of the English to Christianity— National character of the Church-The Bretwaldas-Invasions of the Danes-Constitution of English nation from 7th to 11th century— Appropriations of the Soil-The moegths-Folkland and Bookland- Territorial divisions-The Township-The Hundred-The Shire-The Burgh-Guilds-The City of London-Ecclesiastical divisions-Ranks of the People-Slaves-Freemen (Eorls and Ceorls)-Growth of Thegnhood-Its effects-The Ceorls-Ealdormen-The Clergy-The King-Nature of early English kingship-The Ethelings-The Witen- agemôt-Its Constitution-Its Powers-Judicial system-The Frith- borh, or Frank pledge-The Hundredmoot-The Shiremoot-Private Soken or Liberties-Procedure-Compurgation-Ordeal-Legally ap- pointed witnesses to bargains-Punishments-Ancient English laws- Early attempts at Codification-Alfred as a legislator-Diversities of local customs-Gradual development from personal to territorial orga- nization-Increased power of the great nobles-The great Earldoms Claimants to the Crown on death of Eadward the Confessor-Earl Harold 、 Ecclesiastical matters have been considered, through- Though adding somewhat to the bulk of the work, THE TEMPLE, March, 1875. |