The Landesgemeinden of Uri and Appenzell—their bearing on English Constitutional History—political elements common to the whole Teutonic race—monarchic, aristocratic, and democratic elements to be found from the beginning—the three classes of men, the noble, the common freeman, and the slave—universal prevalence of slavery—the Teutonic institutions common to the whole Aryan family—witness of Homer—description of the German Assemblies by Tacitus—continuity of English institutions—English nationality assumed—Teutonic institutions brought into Britain by the English conquerors—effects of the settlement on the conquerors—probable increase of slavery—Earls and Churls—growth of the kingly power—nature of kingship—special sanctity of the King—immemorial distinction between Kings and Ealdormen—kingship not universal—names expressing kingship—beginning of kingship in England—fluctuation between Kings and Ealdormen—the kingly power strengthened by the increase of the King’s territory—relations between the King and the nation—power of the Witan—right of election and deposition—growth of the kingly power by the commendation of the chief men—the Comitatus as described by Tacitus—poem on the Battle of Maldon—contrast of Roman and Teutonic feeling as to personal service—instances of personal service in later times—personal service and the holding of land not originally connected—their union produces the feudal relation—growth of the Thegns—they supplant the Earls—effects of the change—change confirmed by the Norman Conquest.

Gradual growth of the English Constitution—new laws seldom called for—importance of precedent—return to early principles in modern legislation—shrinking up of the ancient national Assemblies—constitution of the WitenagemÓt—the WitenagemÓt continued in the House of Lords—GemÓts after the Norman Conquest—the King’s right of summons—Life Peerages—origin of the House of Commons—comparison of English and French national Assemblies—of English and French history generally—course of events influenced by particular men—Simon of Montfort—France under Saint Lewis—bad effect of his virtues—good effect of the vices of the Angevin Kings in England—effect of the personal character of William the Conqueror—the Normans in England gradually become English—the Angevins neither Norman nor English—their love of foreigners—struggle against the King and the Pope—national character of the English Church—separation of ecclesiastical and temporal jurisdiction under William—supremacy of the Crown—its abuse—good side of ecclesiastical claims—interference of the Popes in English affairs—the Pope and the King in league against the English Church and nation—importance of London—general growth of the towns—beginning of representation—Knights of the shire—judicial powers of Parliament—citizens and burgesses first summoned by Earl Simon—his connexion with Bourdeaux and London—Simon a foreigner—religious reverence shown to him and to other political worthies—Edward the First—the Constitution finally completed under him—nature of later changes—difference between English and continental legislatures—system of Estates—three Estates of the Realm—no nobility in England—no separate Estate of the Clergy practically established—effects of the union of knights and citizens in one House—incidental origin of the system of two Houses—misuse of the phrase “three Estates”—growth of the House of Commons—general harmony of the two Houses—great powers of the early Parliaments—character of the fifteenth century—Parliaments less independent—narrowing of the county franchise—popular elections of Kings—signs of the importance of Parliament—character of the sixteenth century—general decay of free institutions in Europe—their preservation in England—subserviency of Parliament—its causes—effects of the personal character of Henry the Eighth—his respect for the outward forms of Law—indirect witnesses to the importance of Parliament—tampering with elections—enfranchisement of corrupt boroughs—Parliament under Elizabeth—James the First—Charles the First—nature of later changes.

Character of later constitutional developments—greater importance of silent changes—growth of the unwritten Constitution as distinguished from the written Law—Sir Robert Peel’s vote of want of confidence—its bearings—the growth of the Constitution implies the firm establishment of the Law—relations between the Crown, the Ministry, and the Parliament—indirect exercise of parliamentary power—origin of the Ministry—recent use of the word Government—causes and advantages of indirect parliamentary action—growth of professional lawyers—their influence on constitutional doctrines—their reasoning mainly sound, but their premisses commonly worthless—return of modern legislation to the earliest state of things—doctrine that Parliament expires by a demise of the Crown—an inference from the doctrine about the King’s writ—contrast with Old-English constitutional doctrines—doubts and difficulties which Old-English principles would have answered—case of 1399—deposition of Richard and election of Henry—legal subtleties about the character and continuance of the Parliament—case of 1660—question as to the continuance of the Long Parliament after the execution of Charles the First—question as to the nature and powers of the Convention Parliament—the Convention declared to be a Parliament by its own act—question of 1688-9—history of the second Convention Parliament—question as to the effects of Mary’s death—each of these acts a return to earlier doctrines—their value as possible precedents—modern legislation as to the demise of the Crown—Parliament no longer dissolved by it—Act of William the Third—Act of George the Third—Act of Victoria—reasonableness of this legislation—case of the Folkland or public land—its gradual change into Terra Regis or demesne land—the national revenue disposed of at the King’s pleasure—return to earlier doctrines in modern practice—case of the private estates of the King—dealt with in earlier times like any other estates—doctrine that the private estates of the King merged in the demesne of the Crown—return to ancient practice by modern legislation—other cases of return to ancient principles—history of the succession to the Crown—the Crown anciently elective—preference for members of the royal family—growth of the doctrine of hereditary right—treatment of the law of succession by lawyers—twofold election of the King—his ecclesiastical coronation—the ecclesiastical election survives the civil—state of the succession in the fourteenth and fifteenth centuries—right of Parliament to dispose of the Crown—election of Henry the Eighth—settlement of the Crown by his will—usurpation of the Stewarts—their doctrine of divine right—the ancient right asserted by the election of William and Mary—the Crown made hereditary by the Act of Settlement—good side of hereditary succession in modern times—conclusion.

NOTES