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A Students Manual of English Constitutional History D.J. Medley

A Students Manual of English Constitutional History

D.J. Medley

Published March 15th 2007
ISBN : 9781406772227
Paperback
716 pages
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 About the Book 

A STUDENTS MANUAL ENGLISH CONSTITUTIONAL HISTORY A STUDENTS MANUAL OF POLISH CONSTITUTIONAL HISTORY DUDLEY JULIUS MEDLEY, M. A. PROFESSOR OF HISTORY IN THE UNIVERSITY OF GLASGOW AUTHOR OF ORIGINAL ILLUSTRATIONS OF ENGLISH CONSTITUTIONAL HISTORY FIFTHMoreA STUDENTS MANUAL ENGLISH CONSTITUTIONAL HISTORY A STUDENTS MANUAL OF POLISH CONSTITUTIONAL HISTORY DUDLEY JULIUS MEDLEY, M. A. PROFESSOR OF HISTORY IN THE UNIVERSITY OF GLASGOW AUTHOR OF ORIGINAL ILLUSTRATIONS OF ENGLISH CONSTITUTIONAL HISTORY FIFTH EDITION B, H. BLACKWELL, BROAD STREET 1913 NOTE TO THE FIFTH EDITION FOR the sake of those who use this book for teaching or for reference, it may be convenient to note that the chief addi tions to the text are the outcome of the Territorial and Reserve Forces Act 1907, the Finance Act 1909, and the Parliament Act 1910. Mention also has been made in its place of other recent legislation of capital importance. The account of modern developments in local government has been revised. For the rest, references have been care fully checked and corrected, and allusions to new works have been freely added. Otherwise the general plan of the book remains substantially as in previous editions. D. J. M. May, TABLE OF CONTENTS INTRODUCTION PAGE 1. Characteristics of the English Constitution i Difference between Flexible and Rigid Constitutions . 2 Bases of the English Constitution in Law and Custom . 3 2. Theories of the origin of the English Constitution . . 4 1 Theory of absolute Teutonic predominance . 6 2 Theory of Roman and Celtic survivals . . 7 Qualifications of the pure Teutonic theory ... 9 Difference between former and present points of conten tion . . . . . . . . . . n Interpretation of the early land system in 1 The Teutonic theory The Mark System . 1 1 2 The Romano-Celtic theory The Villa . . 12 Conclusions . . . . . . . . .14 CHAPTER I THE LAND AND ITS INHABITANTS 3. The original settlements of the Anglo-Saxons . . 16 Species of Tenures iFolkland 19 The growth of a manorial system from above . . 20 2 Bookland ..... 20 3 Laenland . . . . .21 The growth of a manorial system from below . . 22 Social Ranks Gesiths and Thegns . . . . .24 The rise and development of Thegnhood ... 24 Ceorls The tunesman or villanus . . 25 Slaves . 27 X TABLE OF CONTENTS FA. K 4. The introduction of Feudalism . . . . .28 Feudal tenures i Military by knight service . 29 by barony . . .31 2 Serviential by sergeanty . . 32 3 Spiritual by frankalmoin . . 33 4 Other free tenures socage . . 34 Illustrations of these tenures . . . . - 35 1 Growth of Primogeniture . . . . .36 2 Divorce of Tenure and Personal Status . . 38 3 The incidents of feudal tenure . . . - 39 i a Relevium or Relief . . . .40 b Auxilium or Aid .... 42 ii a Custodia or Wardship ... 43 b Maritagium or Marriage ... 44 lii Forfeiture and Escheat . . - 45 5. The Manor Meaning of the term ..... 46 As an unit for various purposes ..... 46 Common cultivation in the Manor .... 47 Manorial officials ....... 48 The holdings of the villan tenants .... 49 The legal theory of villenage ..... 49 Classes of villans . . . . . . .51 Villan tenure . . . . . . . 51 The obligations of manorial tenants . . . - 53 Commutation of these obligations . . . - 53 The test of free and unfree tenure . . . .54 The origin of copyhold tenure . . . . - 5 5 Villan status 55 The extinction of villenage ..... 56 C. The growth of a class of Yeoman Freeholders . . 58 Common lands and rights of common . . . - 59 Enclosures ........ 62 Their effect on i the landlord and the fanntr . 63 The Corn Laws 64 2 the labourers . . . .65 7. The Land Laws 65 Methodsof alienation substitutionandsubinfeudation 66 Early forms ofalienation by gift .... 67 Restraints on alienation ...... 69 New methods of alienation i Application of Warranty 70 2 Recoveries . . 70 3 Fines ... 71 Uses 72 The abolition of feudal tenure 74 The Mortmain Laws . . . . . . 75 Modern Strict Settlements . .76 TABLE OF CONTENTS XI CHAPTER II THE EXECUTIVE PAGE 8. Gradual separation between Executive, Legislative, and Judicial powers . . . . . . .78 9. The Crown Its early elective title . . . .79 The growth and establishment of heredi tary right 80 Appointment by Parliament . . .82 The modern title to the Crown . ...