Outlines and Documents 
 
 OF 
 
 ENGLISH CONSTITUTIONAL HISTORY 
 
 DURING THE MIDDLE AGES 
 
 Edited by 
 
 Charles L. Wells, Ph.D. 
 
 and 
 FRANK M. ANDERSON, A. B. 
 
 Published for 
 
 The Department of History, University of Minnesota 
 
 MINNEAPOLIS: 
 
 The University Book Store 
 
 1895 
 
Outlines and Documents 
 
 OF 
 
 I 
 
 ENGLISH CONSTITUTIONAL HISTORY 
 
 DURING THE MIDDLE AGES 
 
 /. SOME IMPORTANT FACTS OF ENGLISH HISTORY 
 
 1. Material. The material for English history is greater in amount and" 
 varietv than in the case of any other European country. 
 
 2. Unity. The history of England is one of the bestillustrationsof the law 
 of the unity of history. There is no break in the continuity of development; 
 each period can be explained only by reference to the preceding. While more 
 separate and distinct than any other nation, it is at all points intimately con- 
 nected with the rest of European history. 
 
 3. Geography. The physical features of the land, insularity, soil, climate, 
 etc., have in large measure influenced English history. 
 
 4. Institutions. Ourinterestis chiefly institutional ; the following general 
 observations if firmly grasped will be helpful. 
 
 a. The English unwritten constitution is a growth. 
 
 b. The germs from which it grew are Teutonic. 
 
 c. The order of growth has been from local to central. 
 
 d. Prom the English political institutions all modern free political institu- 
 
 tions have been derived. 
 
 1) In America and the English colonies, by unconscious reproduction. 
 
 2) Elsewhere, by conscious imitation. 
 
 e. The most important of these institutions are representative legislative 
 
 bodies, the jury system and constitutional monarchy. 
 5. Race Spirit. This is hard to define but its most evident and influential 
 characteristics are conservatism and respect for law. 
 
 II. ORIGINS 
 A. Bibliography. 
 I. Roman. 
 
 1. Original. 
 
 Bedc: Ecclesiastical History. 
 Gildas: De Exccdio Britannia?. 
 Nennius: Historia Britonum. 
 
 2. Secondary. 
 
 Arnold: Roman Provincial Administration. 
 Bright: Early English Church History, Chap. I. 
 
Coote: Roinans of Britain. 
 
 Creasy: History of England, Vol. I., Chap. II. 
 
 Elton: Origins of English History, Chap. XI. 
 
 Gardiner and Mullinger: English History for Students, Part II., 
 
 Chap. I. 
 Guest: Early English Settlements in South Britain. 
 Lingard: History of England, Vol. I., Chap. I. 
 Mommson: Provinces of the Roman Empire, Vol. I., Chap. V. 
 Pearson: History of England, Vol. I., Chaps. I-V. 
 Pike: Historj' of Crime in England, Vol. I., pp 8-35. 
 Scarth: Roman Britain, Chaps. XIII., XIV., XVII. and XXI. 
 Traill: Social England, Vol. 1., Chap. I. 
 Wright: Celt, Roman and Saxon, Chaps. XIII. and XV. 
 II. Teutonic. 
 
 1. Original. 
 
 Caesar: Commentaries, Book VI., Chaps. 21-23. 
 Tacitus: Germania, Chaps. 2-9, 11-16, 18-26. 
 Stubbs: Select Charters, pp 52-59. 
 
 2. Secondary. 
 
 Adams: Civilization during the Middle Ages, Chap. V. 
 Andrews: English Manor, Introduction. 
 Babbington: Fallacy of Race Theories, Chap. IV. 
 Coulanges: Origin of Propert}- in Land, pp 1-72, 149-153. 
 
 Institutions Politiques, Livre III., Chap. I. 
 Cunningham: Growth of English Industry, Vol. I., Book I., Chap. II. 
 Gibbon: Decline and Fall of the Roman Empire, Chap. IX. 
 Giuzot: Civilization in France, Vol. II., Lecture VII. 
 Gummere: Germanic Origins, Chaps. I., II., V., VIII-X., XV. 
 Kemble: Codex Dimplomatieus. Introduction. Saxons in England, 
 
 Vol. I., Chap. II. 
 Palgrave: English Commonwealth. 
 Seebohm: Village Communities, Book I., Chap. II. 
 Stnbbs: Constitutional History of England, Chaps. I.— Ill, 
 Taylor: Origin and Growth of the English Constitution, Book I., 
 
 Chap. I.-III. 
 Waitz: Deutsche Verfassungsegeschichte. 
 
 B. Theokiks. 
 
 1. Roman and Teutonic, significance. 
 
 2. Roman theory, 
 a. Statement. 
 
 )). Roman occupation. 
 
 1 ) The Conquest (55 B. C. to 85 A. D.). 
 
 a) Caesar (55-54 B. C); occasion and result. 
 
 b) Aulius Plautius (42 A. D.). 
 
 c) Seutonius (58-61 A. D.); Moiia, Boadicea. 
 
 *», 
 
 W. T). Johnston 
 
d) Agricola (78-85 A. D.); conquest completed. 
 
 2) Civilization; extent and influence. 
 
 a) Government. 
 
 b) Religion: introduction of Christianity, traditions and es- 
 tablished facts. 
 
 c) Language. 
 
 d) Cities, roads, walls, etc. 
 
 3) Result of occupation ; conflicting views. 
 
 a) Permanent; evidence. 
 
 b) Temporary ; evidence. 
 
 c) Conclusion; significance of occupation. 
 3. Teutonic theory. 
 
 a. Statement. 
 
 b. Stage of development ; shown in 
 
 1) Occupations. 
 
 2) Customs and manners. 
 
 c. Political organization. 
 
 1) Ranks and classes. 
 
 a) Nobles. 
 
 b) Freemen. 
 
 c) Freedmen. 
 
 d) Slaves. 
 
 Tacitus: Chap. 25. They use slaves, but not as we do, with duties as- 
 signed among the domestics. Each slave has his own dwelling and rules his 
 own household. The freedmen are not much above the slaves; 
 
 rarely are they of any consequence in the household and never in the state ex- 
 cept in those tribes which have a king, for there they even rise above the free- 
 men and nobles. But among others the inferior condition of the freedman is 
 an evidence of freedom. 
 
 2) Divisions and assemblies. 
 
 a) The tribe (civitus), tribal assembly. 
 
 Tacitus, Chaps. 11 and 12. In matters of inferior moment the chiefs de- 
 cide; on more important questions all have a voice; and yet, though all have 
 a voice, the proposals acted upon have been previously drawn up by the chiefs. 
 They assemble, unless there is some unusual occasion, on fixed days. * 
 * * When the assembly is ready, they sit down armed. Silence is pro- 
 claimed by the priests who have authority to maintain it. Then the king or 
 one of the chiefs whose age, noble birth, reputation in war or eloquence 
 commands attention is heard, speaking with the weight of persuasion 
 rather than with the power of command. If the proposal is dis- 
 pleasing the assembly reject it by a shout, if pleasing accept it by 
 striking their spears together. The form of assent most highly prized 
 is the applause of arms. At the tribal assembly, also, capital offenses are 
 tried. The punishment varies with the crime. * * * In these tribal 
 
assemblies are chosen the chiefs who administer justice in the hundreds and 
 
 villages. 
 
 (1) Monarchial) cf. Tacitus, Chap. 7 and Ca?sar VI., 
 
 (2) Republican J Chap. 23. 
 
 b) The Hundred ; {pagvs) judicial and military unit ; assembly. 
 Tacitus: Chap. 12. A hundred colleagues from the people act with each 
 
 chief, forming at once counsel and authority. 
 
 c) The Village (vicus) ; lowest unit; assembly ? 
 
 Tacitus: Chap. 16. It is well known that none of the Germans live in 
 cities; nor do they permit among them even contiguousdwellingsbut dwell scat- 
 tered and apart where a spring, meadow or grove has taken their fancy. Nor 
 do they arrange their villages like ours with connected and adjoining buildings. 
 Each has a plot of ground around his dwelling, either as a precaution against 
 fire, or from lack of skill in building. 
 
 d. Land tenure; theories. 
 
 1) The Mark. 
 
 2) The Manor. 
 
 Tacitus: Chap. 26. To lend out capital andto takeusury is unknown. The 
 fields are occupied alternately by the whole body of cultivators according to 
 their number and these fields they then divide among themselves according to 
 their estimation. The extent of open groimd makes the division easy. The\ T 
 change the tilled area each year and there is land left over. 
 
 e. Military organization. 
 
 1) The Host, (cf. Tribal assembly). 
 
 2) The Comitatus. 
 
 Tacitus: Chap. 16. The Germans transact no public nor private business 
 unless armed. No one bears arms until the tribe has approved his right to assume 
 them. Then in the tribal assembly either some one of the chiefs, or the father 
 or a kinsman, equips the youth with shield and spear. With them this is the toga, 
 the first honor of youth; before this they form a part of the household, here- 
 after of the state. Illustrious nobility or the great merits of their fathers as- 
 sign to them even while youths the esteem of some chief; they join others 
 stronger and already tried. Nor is it a disgrace to be seen among the followers. 
 The comitatus itself has grades of honor 'determined by thechief whom they fol- 
 low. Thus there is great rivalry among the followers to hold the first place in the 
 estimation of the chief; and among the chiefs who shall have the most and 
 the bravest followers. In surrounding themselves with large bands of picked 
 youths is their glory and their strength ; in peace an honor, and in war a de- 
 fense. Not only among his own tribe but also among the neighboring tribes 
 is it a special glory for the chief to have a comitatus preeminent for numbers 
 and valor ; he is even sought out by embassies and laden with gifts, while often 
 his renown alone terminates a war. In battle it is disgraceful for the chief to 
 be excelled in valor by his followers, or for the comitatus not to equal thevalor 
 of the chief. He who leaves his chief upon the field of battle is accounted in- 
 famous for life. To defend him, to die for him, and even to ascribe to his glory 
 
their own brave deeds is their sworn and sacred duty. The chief fights for 
 victory, the followers for their chief. If the tribe to which they belong 
 languishes in continual peace and quiet, many of the noble youths seek those 
 tribes then engaged in war, because repose is displeasing and they gain renown 
 more readily among dangers; nor can a comitatus be supported except by 
 violence and war. The}' require from the liberality of their chief this warlike 
 steed, that bloody and victorious spear. Well prepared banquets, though rude 
 indeed, take the place of regular pay. * * 
 
 f. Law. 
 Tacitus : Chap. 19. Among them good customs are more effectual than 
 good laws elsewhere. 
 
 1) Feud. 
 
 2) Wergild. 
 
 Tacitus: Chap. 21. It is necessar\' to take up the feuds as well as the friends 
 of father or kinsman. But they do not continue irreconcilable, for even homi- 
 cide can be atoned for by the payment of a fixed number of cattle; and thereby 
 the whole famil}' receives satisfaction, advantageously to the state because 
 feuds are more dangerous among a free people. 
 
 III. THE ANGLO-SAXON PERIOD (449-1066) 
 
 A. Bibliography. 
 
 1. Original. 
 
 Anglo Saxon Chronicle. 
 
 Asser : Life of Alfred . 
 
 Bede : Ecclesiastical History. 
 
 Florence of Worcester : Chronicle. 
 
 Stubbs: Select Charters, pp. 60-78. 
 
 Stubbs and Hadden: Church Councils. 
 
 Thorpe : Ancient Laws and Institutes. 
 
 2. Secondary. 
 
 Adams et ah: Essays in Anglo-Saxon Law. 
 
 Allan: Anglo-Saxon Britain. 
 
 Allen : Essays and Monographs. 
 
 Bigelow : History of Procedure, pp. 20-25. 
 
 Bright: Early English Church History, Chaps. II., VI.-IX. 
 
 Church : Beginning of the Middle Ages, Chaps. IV. and IX. 
 
 Cox: Antient Parliamentary Elections, Chaps. I.-III. 
 
 Creasy: Histoiy of England, Vol. I., Chaps. III.-VI. 
 
 English Constitution, Chaps. I.-III. 
 Cunningham : Growth of English Industry and Commerce, Chaps. 
 
 IIL-V. 
 Cunningham & M c Arthur : Outlines of English Industrial History, 
 
 Chaps. II., III. 
 Digby : History of the Law of Real Property, Chap. I., Section I. 
 
Feilden: Constitutional History of England, pp. 1-13,68,70-71, 
 
 92-94, 162-164, 203-208, 222-224, 260-261, 272-274. 
 Forsyth : History of Trial by Jury, Chap. IV. 
 Freeman : English People in their Three Homes. Lectures I.-IV. 
 
 Growth of the English Constitution, Lecture I. 
 
 Norman Conquest, Vol. I., Chaps. I.— III. 
 
 Origin of the English Nation. 
 Gamier: History of English Landed Interest, Vol. I., Chaps. V.-VIL 
 Gibbins : Industrial History of England, Chap. I. 
 Glasson: DroitetInstitutions,TomeI.,Chaps.L, 3, II., III. and VI. 
 Gneist : History of the English Constitution, Vol. I. , Chaps. I.-VIL, 
 
 esp.VI. and VII. 
 Gomme : Village Community, Chap. VI. 
 Green : Conquest of England, Chaps V.-IX. 
 
 History of England, Vol. I. 
 
 Making of England, Esp. Chap. IV. 
 Hallam : Middle Ages, Chap. VIII., Part I. 
 Hunt : English Church in the Middle Ages, Chaps. I.-V. 
 Jusserand : Literary History of the English People, Chaps. II., IV. 
 Kemble: Saxons in England, Vol. I., Chaps. II., III., VI., VII.; Vol. 
 
 II., Chaps. I., VI. 
 Laraleye : Primitive Property, Chap. VII. 
 Lea : Superstition and Force. 
 
 Milman: Latin Christianity, Book IV., Chaps. III., IV. 
 Palgrave : History of the English Commonwealth. 
 Pauli: Life of Alfred. 
 Pearson: History of England, Vol. I., Chaps. VI.-XXL, esp.VI., 
 
 XL, XVIIL, XIX. 
 Perry : English Church History, Vol. I., Chaps. II.-V. 
 Pike : History of Crime in England, Vol. I., pp. 52-6. 
 Pollock and Maitland : History of the English Law, Vol. I., 
 
 Chap. I. 
 Ranke: History of England, Vol. I., pp. 10-22. 
 Reeves: History of English Law, Introduction, pp. XI.-CXXVIL, 
 
 and Chap. I. 
 Smith and Wace: Dictionary of Christian Biography, articles on 
 
 Bede, et al. 
 Spence: Equitable Jurisdiction. 
 Stubbs: Constitutional History of England, Vol. I., Chaps. IV.-VII. 
 
 Select Charters, pp. 1-13. 
 Todd: Parliamentary Government in England, Vol. I., pp. 49-60, 
 
 Vol. II., pp. 1-11. 
 Traill: Social England, Vol. I., Chap. II. 
 Trench: Mediaeval Church History, Lecture III. 
 Vinogradoff: Villainage in England, Introduction. 
 
Narrative ; Growth of Unity. 
 
 1. The Saxon conquest, 449-597. 
 
 a. The tribes; place of settlement. 
 
 b. Character of the conquest ; cf. Frank conquest of GauL 
 
 c. Survival question : opinions. 
 
 d. Formation of the heptarchic kingdoms. 
 
 2. Consolidation, 597-827; brought about by 
 
 a. Christianity. 
 
 1) Augustine and the Roman missionaries. 
 
 2) The Irish Church. 
 
 a) Foundation — St. Patrick. 
 
 b) Work in Northumbria. 
 
 3) The Council of Whitby, 664. 
 
 a) The questions at issue ; nominal, ultimate. 
 
 b) The churches compared ; organization, spirit. 
 
 c) The decision ; reason and result. 
 
 4) Theodore of Tarsus and his work of organization. 
 
 a) Methods. 
 
 b) Results; ecclesiastical and political. 
 
 b. The struggle for supremacy. 
 
 1) The three leading tribes; Northumbria, Mercia and Wessex. 
 
 2) Final triumph of Wessex; character of its supremacy; nominal 
 unity. 
 
 3. The first Danish invasions, 787—901. 
 
 a. Causes and periods. 
 
 b. First period — plunder, 787-855. 
 
 c. Second period — settlement, 855-878. 
 
 d. Third period— to death of Alfred, 878-901. 
 
 1) Treaty of Wedmore, 878; terms. 
 
 a) Division into Wessex and the Danelaw. 
 
 b) Conversion of the Danes. 
 
 c) Headship of Wessex; result. 
 
 4. Reconquest of the Danelaw, 901-959. 
 
 a. Chief events and method. 
 
 b. Result; "Wessex has grown into England;" approximate unity; 
 cf. 827. 
 
 5. Anglo-Saxon decadence, 959-1066. 
 
 a. Renewal of the Danish invasions. 
 
 1) Method of resistance; Danegeld. 
 
 2) Final period — conquest — Knut and his sons. 
 
 b. The English restoration, 1042-1066. 
 
 1) Edward the Confessor. 
 
 a) Character and aspirations of the King. 
 
 b) Conflict between Saxons and Normans — Godwin and Harold. 
 
 2) Harold. 
 
 a) Election. 
 
 b) The Norman conquest, 1066; complete unity; cf. 827, 959. 
 
C. Constitutional Development: from Personal to Territorial System. 
 1. The Kingship. 
 
 a. Development from temporary war duel. 
 
 b. Powers; growth, extent and nature. 
 '2,. The Witenagemot. 
 
 a. Development from tribal assembly. 
 
 h. Composition; theoretical and actual ; opinions. 
 
 «c. Powers; extent, relation to King. 
 
 tJ. Survival. 
 
 3. Ranks and classes. 
 
 a. Nobles; eorls, gesiths and thegns. 
 
 b. Freemen ; ceorls. 
 
 c. Laeti ; dependents. 
 
 d. Slaves. 
 
 4. The local system; origin in tribal organization. 
 
 a. Divisions and assemblies; duties. 
 
 1) Shire; Shiremoot — duties — composition. 
 
 2) Hundred; Hundred Court — duties — composition. 
 
 3) Township; Tungemot? 
 
 b. Relation to later institutions. 
 
 5. Land tenure. 
 
 a. Manorial theory. 
 
 b. Mark theory. 
 
 c. Gradual feudalization. 
 
 6. Law. 
 
 a. Stage of development ; shown in 
 
 1) Family law. 
 
 2) Blood feud. 
 
 3) Wergild. 
 
 b. Methods of proof. 
 
 1) Oath. 
 
 ■2) Compurgation. 
 3) Ordeal. 
 <c. Procedure. 
 
 1) Summons by plaintiff. 
 
 2) Judgment by suitors. 
 
 3) Presumption against defendant. 
 
 4) No system of appeal. 
 
 D. Collateral Topics; Learning and Literature. 
 
 1. Theodore of Tarsus and the schools at Canterbury and York; Alcuin. 
 
 2. Bede and his works. 
 
 3. Alfred's literary and educational work. 
 
 4. The Anglo-Saxon Chronicle. 
 J5. Beowulf. 
 
IV. NORMAN ENGLAND (1066-1154) 
 
 A. Bibliography. 
 
 1. Original. 
 
 Anglo-Saxon Chronicle. 
 
 Domesday Book. 
 
 Eadmer: Historia Novorum. 
 
 Florence of Worcester: Chronicle. 
 
 Gesta Stephani. 
 
 Odericus Vitalis : Ecclesiastical History. 
 
 Stubbs: Select Charters, pp. 79-121. 
 
 William of Malmesbury: Historia Novella. 
 
 2. Secondary. 
 
 Ashley: Constitutional Essays, Feudalism. 
 
 Anson: Law and Custom of the Constitution, Part II, pp. 6-12. 
 
 Bigelow: History of Procedure in England, Chap. III. 
 
 Birch: Domesday Book, Chaps. I., VIII., X. 
 
 Boutmy: The English Constitution, pp. 3-20. 
 
 Church: St. Anselm, Chaps. XI. and XIII. 
 
 Cox: Antient Parliamentary Elections, Chap. IV. 
 
 Creasy: History of England, Vol. I., Chaps. VII. and VIII. 
 
 English Constitution, Chaps. VI -VIII. 
 Cunningham: Growth of English Industry and Commerce, Vol. I., 
 
 Book II., Chaps. I-III. 
 Dicey : Privy Council, pp. 1-10. 
 
 Digby : History of the Law of Real Property, Parti., Chap. I., Sec. II. 
 Dowell: History of Taxation, Vol. I., Book II., Chap. II. 
 Feilden: Constitutional History of England, pp. 14, 15, 68-73,94, 
 
 208-213, 274-77. 
 Forsyth: History of Trial by Jury, Chap. V., Sees. I and II. 
 Freeman : Growth of the English Constitution, pp. 71-74. 
 
 Norman Conquest, Vol. III., Chap. XIII., Sec. 2; Vol. IV., 
 Chap. XVII., Sec. 1 ; Vol. V., Chaps. XXII. and XXIV., 
 esp. the last. 
 William the Conqueror, Chaps. VII. -XI 
 William Rufus. 
 Gibbin: Industrial History of England, Period II., Chap. I. 
 Glasson : Droit et Institutions, To?ne II., Chaps. I. and III. 
 Green: History of the English People, Vol. I., Book II., Chaps. I., II. 
 Garnier: History of the English Landed Interest, Vol. I., Chaps. XL 
 
 and XII. 
 GNEist: Constitutional History of England, Vol. I., Chaps. VIII.-XVL 
 Hook: Lives of the Archbishops, Vol. II., Chaps. II.-III. 
 Hunt: English Church in the Middle Ages, Chap. V. 
 Hint: Norman Britain, esp. Chap*. VII.-IX., XI.-XIII. 
 
Johnston: Normans in Europe, Chaps. XII.-XVII. 
 
 Lingard: Historyof England, Vol. I., Chaps. VIII. and IX., Vol. II., 
 
 Chaps. I. and II. 
 Pearson: History of England, Vol. I., Chaps. XXII -XXVIII., esp. 
 
 XXIII. and XXVII. 
 Perry: English Church History, Vol. I., Chaps. XI.-XIV. 
 Pike: History of Crime in England, Vol. I., pp. 96-113. 
 Pollock and Maitland: History of the English Law, Vol. I., Chaps. 
 
 II. and III. 
 Ranke: History of England, Vol. I., Book I., Chap. II. 
 Reeve: History of the English Law, Vol. I., Chap. II. 
 Smith and Wace : Dictionary of Christian Biograpli3 r , articles Lan- 
 
 frauc and Auselm. 
 Stubbs: Constitutional History, Voi. I., Chap. IX.-XI, esp. sections 
 
 91, 93-97, 102-3, 117-129, 134. 
 
 Early Plantaganets, Chaps. I. and II. 
 
 Select Charters, pp. 13-21. 
 Taswell-Langmead : Constitutional History of England, pp. 49-92, 
 
 154-161, 204-209. 
 Taylor: Origin and Growth of the English Constitution, Book II., 
 
 Chap. I., sections 1 and 5, Chap. II. 
 Traill: Social England, Vol.1., Chap. III. 
 B. Narrative. 
 
 1. The Normans. 
 
 a. Origin and characteristics. 
 
 1). Settlement and history in France. 
 
 2. The Conquest. 
 
 a. Claims of William. 
 
 b. Battle of Senlac; election and coronation of William. 
 
 c. Revolts and reconquest ; the harrying of the North. 
 
 3. The Norman reigns. 
 
 a. William the Conqueror (1066-1087); Consolidation. 
 
 1) Policy. 
 
 Roger of Hovedon, II., 218 (1070) (Select Charters, 81): King William, 
 in the fourth year of his reign, by the advice of his barons, caused to be sum- 
 moned in every county of England the English nobles and wisemeu. and those 
 learned in their laws and customs. Therefore twelve men, elected in each county 
 of the entire country, upon oath declared that, without any deviation, they 
 would set forth the customs of the laws and decrees, neither omitting nor add- 
 ing nor falsifying anything. 
 
 2) The Domesday Book. 
 
 a) Occasion, purpose and character. 
 
 b) Method of the survey. 
 
 c) Historical value. 
 
TITLE OF THE DOMESDAY INQUEST FOR ELY 
 
 (Stubbs' Select Charters, 86) 
 
 Here is enrolled the Inquest of the Lands as the king's barons made the in- 
 quiry, «. e., by the oath of the sheriff of the shire, and of all the barons, and of 
 the French, and in every hundred, of the priest, reeve and six villansfrom each 
 township. Then, what the manor is called ; who held it in the time of King 
 Edward; who holds it now; how many hides (of land); how many carucates 
 (of land) in the demesne land ; how many men ; how many villans ; how many 
 cottagers; how many slaves; how many freemen; how many socmen; how 
 much forest; how much meadow: how much pasture; how many mills; how 
 many fish ponds ; how much it has increased or diminished ; how much it was 
 all worth then and how much now; how much each freeman or each socman 
 had or has there. All of this in a three-fold form, i. e., at the time of King Ed- 
 ward, then when King William gave it, and as it is now ; and if it can yield 
 more than it does now. 
 
 3) The Salisbury Gemot (1086). 
 b. William Rufus (1087-1100); Tyranny. 
 
 1) Election and promises. 
 
 2) Quarrel with the barons. 
 
 a) Occasion — feudal exactions, F'lambard. 
 
 b) Result — union of king and people against barons. 
 b. Henry I. (1100-1135); Organization. 
 
 1) Election. 
 
 a) Qath. 
 
 CORONATION OATH OF HENRY I. 
 
 (Stubbs' Select Charters, 99 ) 
 
 In the name of Christ, I promise these three things to the Christian people 
 subject to me. In the first place, that I will require, and according to my 
 strength, provide, that the church of God and the whole Christian people pre- 
 serve a true peace, by our will, through all time; secondly, that I will forbid to 
 men of every rank, violence and all injustice; thirdly, that in all judgments I 
 will require justice and mercy, that a merciful and forgiving God may grant 
 His mercy unto me and unto you. 
 
 b) Charter. 
 
 CHARTER OF HENRY I. 
 
 (Stubbs* Select Charters, lOO) 
 
 In the year of the Incarnation of our Lord, 1101, Henry, son of King 
 William, after the death of his brother William, by the grace of God, King of 
 the English, to all his iaithful subjects, greeting: 
 
 1. Know ye, that by the mercy of God, and by the common counsel of the 
 
barons of the whole kingdom of England, I have been crowned king of thesame 
 kingdom ; and because the kingdom has been oppressed b} r unjust exactions, I, 
 from regard to God, and from the love which I bear towards you, in the first 
 place make the holy church of God free, so that I will neither sell nor place at 
 ferm, nor, when an archbishop, or bishop, or abbot dies, will I take anything 
 from the domain of the church, or from its vassals, until a successorisinstalled. 
 And all the evil customs b} r which the realm of England is unjustly oppressed 
 will I take away, which evil customs I set down here in part : 
 
 2. If any of my barons, earls, or others who hold of me, dies, his heir shall 
 not relieve his land as he did in the time of my brother, but shall relieve it by a 
 just and legitimate relief. Likewise also the vassals of my barons shall relieve 
 their lands from their lords by a just and legitimate relief. 
 
 3. And if any of my barons, or other of my vassals, wishes to give his 
 daughter in marriage, or his sister or niece or kinswoman, he must speak with 
 me about it, but I will neither take anything from him for this permission, nor 
 forbid him to give her in marriage, unless he should wish to join her to my 
 enem\\ And if at the death of one of my barons or other vassal of mine, a 
 daughter survives as heiress, I will give her in marriage by the counsel of my 
 barons, with her land. But if the wife survives, and is without children, she 
 shall have her dowry and right of marriage, and I will not give her to a hus- 
 band, unless according to her will. 
 
 4. And if a wife survives with children, she shall have her dowry and 
 right of marriage, so long as she shall have kept her body chaste, and I will 
 not give her in marriage, except according to her will. And the guardian of 
 the land and children, shall be either the wife, or one of the kinsmen, as shall 
 seem to be most just. And I command that my barons shall deal likewise with 
 the sons or daughters or wives of their vassals. 
 
 5. The common mintage which has been taken in the cities and counties, 
 and yet was not taken in the time of King Edward, I now altogether forbid 
 henceforth to be taken. If anyone shall be seized, whether a moneyeror other, 
 with false money, strict justice shall be done in the case. 
 
 6. All fines and all debts which were due to my brother, I remit, except 
 my rightful ferms, and except those payments which had been agreed upon for 
 the inheritances of others, or for those things which most justly affected others. 
 And if anyone for his own inheritance has stipulated anything, I remit this, 
 and all reliefs which have been agreed upon for rightful inheritances. 
 
 7. And if any of my barons or vassals is ill, however he gives or arranges 
 to give his personal property, I grant that it shall be so given. But if he, pre- 
 vented by arms, or by illness, has not bestowed his personal property, or ar- 
 ranged to bestow it. his wife or children or parents, and his legitimate vas- 
 sals, shall divide it for his soul, as shall seem best to them. 
 
 8. If any of my barons or vassals commits an offence he shall not give secur- 
 ity to the extent of forfeiting his personal property, as he did in the time of my 
 father, and of my brother, but according to the measure of the offence, so shall 
 he pay, as he would have paid before the time of my father, in the time of my 
 
other predecessors; so that if lie be convicted of treachery or of crime, he shall 
 pay what is just. 
 
 9. All murder fines moreover, before the day on which I was crowned king, 
 I remit; and those which shall be due henceforth, shall be paid justly, according 
 to the law of king Edward. 
 
 10. The forests, as my father held them, I have retained in my own hand, 
 by the common consent of my barons. 
 
 11. To those knights who hold their land by knight service, I grant, of my 
 own gift, the lands of their demesne ploughs, quit of all payments and of all 
 labor, so that, as they have thus been favored by so great a favor, they maj r 
 readily provide themselves with horses and arms for my service and for the de- 
 fence of my kingdom. 
 
 12. A firm peace in my whole kingdom I establish, and require henceforth 
 to be kept. 
 
 13. The law of king Edward, I give to you again, with those changes 
 which my father made with the counsel of his barons. 
 
 14. If anyone has taken anything from my possessions, or from the pos- 
 sessions of another, since the death of king William, my brother, let the whole 
 be immediately returned unchanged, and if anyoneshall have retained anything 
 thereof, he, upon whom it is found, will pay heavily to me. 
 
 Witness, Maurice, Bishop of London, and Gundulf, bishop, and William, 
 bishop-elect, and Earl Henry, and Earl Simon, and Walter Giffard, and Robert 
 de Montfort, and Roger Bigod, and Henry de Port, at London, on the day of 
 my coronation. 
 
 Summary. 
 
 1. Importance. 
 
 a. Evidence of 
 
 1) Feudal abuses, cf. 1-4, 6-8, 11. 
 
 2) Continuity of Anglo-Saxon customs — the law of King Edward, 
 cf. 9, 13. 
 
 b. First formal limitation of royal power. 
 
 c. Model for Magna Charta. 
 
 2. Provisions ; for all classes. 
 
 a. General character ; ancient customs, but ill-defined. 
 
 b. The Church, "shall be free," cf. 1. 
 
 c. The Barons, feudal obligations of "just and legitimate" amount, cf. 
 
 2-4, 5-8, 11. 
 
 d. Commons, same rights from barons, cf. 2, 4. 
 
 e. Reservations for the King, Forests, etc., cf. 9, 10. 
 
 2) Marriage. 
 
 3) Normandy regained. 
 
 4) Policy. 
 
 a) The local courts maintained. 
 
 b) Organization of the Curia Regis— John of Salisbury. 
 
c) Attempts to settle the succession, 
 c. Stephen 1135-1154. Feudal anarchy. 
 
 1) Election and charter. 
 
 2) Civil war; causes and result. 
 
 3) Wallingford 1153. 
 C. Results of the Conquest. 
 
 1. General. 
 
 a. No break in the continuity of constitutional development. 
 
 b. No introduction of new institutions from Normandy, but 
 
 c. Old institutions operated under new ideas. 
 
 2. Central Government. 
 
 a. The kingship ; alteration in 
 
 1) Conception. 
 
 2) Limitation. 
 
 b. The Witan becomes Magnum Concilium. 
 
 Anglo-Saxon Chronicle, 1087 (Select Charters, SI). Thrice he wore his 
 crown every year, as often as he was in England ; at Easter he wore it at Win- 
 chester; at Whitsuntide at Westminster; at Midwinter at Gloucester; and 
 there were with him all the rich men over all England, archbishops and suffrag- 
 an bishops, abbots and earls, thegns and knights. 
 
 1) Composition; theoretical and actual. 
 
 2) Powers; theoretical and actual. 
 
 c. The Curia Regis. 
 
 1) Development. 
 
 2) Composition. 
 
 3) Functions. 
 
 a) Financial — Exchequer. 
 
 b) Judicial. 
 
 4) Relation to Magnum Concilium. 
 
 d. Forest Courts. 
 
 3. Local government; but little alteration. 
 
 a. Shire and Hundred courts. 
 
 b. Manorial courts. 
 
 c. The Parish. 
 
 4. Feudalism. 
 
 a. Confiscation and regrant of the lands; all titles from the king. 
 
 b. Feudalism as a system of land tenure. 
 
 c. Feudalism as a system of government. 
 
 d. William's policy, a system of land tenure, but not of government; 
 checks. 
 
 1) Scattered holdings. 
 
 2) Retention of the local popular courts. 
 
 3) Universal allegiance, Salisbury Gemot. 
 
 5. The Church. 
 
 a. Anglo-Saxon conception of Church and State. 
 
b. Norman conception of Church and State. 
 
 c. The settlement ; Lanfranc. 
 
 1) Norman ecclesiastics. 
 
 2) Closer union with Rome. 
 
 3) Separation of ecclesiastical and secular government. 
 
 a) Convocations. 
 
 b) Separate ecclesiastical courts. 
 
 4) Canons of Royal Supremacy. 
 
 d. The struggle over investiture; Anselni. 
 
 1 ) Relation to the continental strgggle. 
 
 2) The disputed points. 
 
 3) Rums and Anselm. 
 
 4) Henry and Anselm; the compromise. 
 
 a) Terms. 
 
 b) Result. 
 D. Collateral Topics. 
 
 1. The Bayeux Tapestry. 
 
 2. Effect of the Conquest on language and literature. 
 
 V. 'THE ANGEV1NS AND THE GREAT CHARTER (1154-1216 
 
 A. Bibliography. 
 
 1. Original. 
 
 Archer: Crusade of Richard I. 
 
 Barnard: Strongbow's Conquest of Ireland. 
 
 Sturbs: Select Charters, Parts IV. and V. 
 
 Benedict of Peterborough : Gesta Henrici et Richardi I. 
 
 Gervase of Canterbury: Chronica. 
 
 Ralph of Diceto: Ymagines Hisoriarum. 
 
 Roger of Hoveden: Chyronica. 
 
 Roger of Wendover: Flores Historiarum. 
 
 Walter of Coventry : Memoriale. 
 
 William of Newbury: Historia Rerurn Anglicarum. 
 
 2. Second an-. 
 
 Boutmy : Studies in Constitutional Law, pp. 27-30. 
 
 Creasy: English Constitution, Chaps. X. and XI. 
 History of England, Chaps. IX-XI. 
 
 Digby: Histor\- of the Law of Real Property, Part I., Chap. III., Sec- 
 tion I. 
 
 Dowell: History of Taxation in England, Vol. I., Book II., Chaps. 
 III., V.-VIII. 
 
 Feilden: Constitutional History of England, pp. 1,"., 57-^62, 83—87, 
 164-, 175-189, 260-268,277-279. 
 
 Forsyth: History of Trial by Jury, Chaps. I., V. and VI. 
 
 Freeman: Norman Conquest, Vol. V., Chap, NX VII. 
 
Essays, First Scries, St. Thomas of Canterbury and his Bi- 
 ographers. 
 
 Frovde: Short Studies, Vol. III., Life and Times of Thomas Becket. 
 
 Gibbins: Industrial History of England, Period II., Chap. II. 
 
 Gneist: Constitutional History of England, Vol. I., Chaps. XVII. and 
 XVIII. 
 
 Green: History of the English People, Vol. I., Book II., Chap. IV.; 
 Book III., Chap. I. 
 Henry II., esp. Chaps. IV.-VII. 
 
 Gross: The Gild Merchant. 
 
 Hunt: English Church in the Middle Ages, pp. 112-145. 
 
 Lingard: History of England, Vol. II., Chaps. III.-V. 
 
 Lyttelton . Henry II. 
 
 Milman: Latin Christianity, Book VIII,, Chap. VIII.; Book IX., 
 Chap. V. 
 
 Oman : Constitutional Essays, Anglo-Norman and Angevin Adminis- 
 trative System. 
 
 Pearson: History of England, Vol. I., Chaps. XXIX.-XXXI1I. 
 
 Perry: English Church History, Vol. I., Chaps. XV., XVI., XVII., 
 Sees. 1-7. 
 
 Pike: Histor}' of Crime in England, Vol. I, pp. 115-136. 
 
 Pollock and Maitland: History of the English Law. Vol. I., Chap. V. 
 
 Ranke: History of England, Vol. I., Book I., Chap. III. 
 
 Reeve: History of the English Law, Vol. I., Chaps. III. and IV. 
 
 Stubbs: Constitutional Histor\^ of England, Vol. I., Chaps. XII. and 
 XIII., esp. Sections 135-41, 147, 152-60, 163-5, 167. 
 Benedictus, Gesta Henrici II. et Ricardi I., Preface. 
 Select Charters, pp. 21-31. 
 
 Taswell-Langmead: Constitutional History of England, pp. 93-153, 
 161-162, 164-182, 209-213. 
 
 Taylor: Origin and Growth of the English Constitution, Book II., 
 Chaps. III., IV., Sections 1-6. 
 
 Thomson: Essay on Magna Charta, pp. 1-4S, 159-328. 
 
 B. Narrative, Henry II. 
 
 1. Early life and character; accession and charter. 
 
 2. Restoration of order; methods and measures. 
 
 3. Policy, to concentrate all power in the hands of the king. 
 
 a. Opponents, Church and Baronage. 
 1) Quarrel with the Church. 
 
 a) Relation to the Investiture struggle. 
 
 b) Becket; previous life, character and relations with Henry. 
 
 c) Questions at isstie. 
 
 d) Attempts at agreement. 
 
 e) The Constitutions of Clarendon. 
 
CONSTITUTION OF CLARENDON, 1 1 64- 
 
 (Stubbs* Select Charters, 135-140) 
 
 In the year of our Lord's Incarnation, 1164, and in the fourth \^earof Pope 
 Alexander, and in the tenth year of Henry II, the illustrious King of the Eng- 
 lish, in the presence of the said king, was made this recognition, or declaration, 
 of a part of the customs and liberties and dignities of his ancestors viz. King 
 Henry, his grandfather and others, which things ought to be observed and 
 maintained in the realm. And on account of the discussions and discords 
 which have arisen between the clergy, and the justices of the lord king, and the 
 barons of the kingdom, concerning the customs and dignities, this declaration 
 was made in the presence of the archbishops, and bishops, and clergy, and earls, 
 and barons, and magnates, of the realm. And these customs, declared by the 
 men of ability and age of the kingdom, have been acknowledged by Thomas, 
 Archbishop of Canterbury, and Roger, Archbishop of York, and Gilbert, Bishop 
 of London, and Henry, Bishop of Winchester, and Nigel, Bishop of Ely, and 
 William, Bishop of Norwich, and Robert, Bishop of Lincoln, and Hilary, Bis- 
 hop of Chichester, and Jocelyn, Bishop of Salisbury, and Richard, Bishop of 
 Chester, and Bartholomew, Bishop of Exter, and Robert, Bishop of Hereford, 
 and David, Bishop of Man, and Roger, Bishop-elect of Worcester; and on the 
 Word of Truth they did orally firmly promise, to the lord king and to his heirs, 
 should be held and observed in good faith and without any evil intent; in the 
 presence of the following: Robert, Earl of Leicester, Reginald, Earl of Corn- 
 wall, Conau, Earl of Brittany, John, Earl of Eu, Roger, Earl of Clare, Earl 
 Geoffrey de Mandeville, Hugh, Earl of Chester, William, Earl of Arundel, Earl 
 Patrick, William, Earl of Ferrars, Richard de Lucy, Reginald de St. Valery, 
 Roger Bigod, Reginald de Warrene, Richer de Aquila, William de Braiose, Rich- 
 ard de Camville, Nigel de Mowbray, Simon de Beauchamp, Humphrey de 
 Bohun, Matthew de Hereford, Walter de Medway, Manasses Biseth, steward, 
 William Malet, William de Courcy, Robert de Dunstanville, Jocelyn de Balliol, 
 William de Lanvale, William de Cheyney, Geoffrey de Vere, William de Hast- 
 ings, Hugh de Moreville, Alan de Neville, Simon Fitz-Peter, William Malduit, 
 chamberlain, John Malduit, John Marshall, Peter de Mare, and many others 
 of the magnates and nobles of the realm, both clergy and laity. 
 
 A certain part of the acknowledged customs and dignities of the realm is 
 contained in the present document; of this part the heads are as follows: 
 
 1. If an}' controversy arises concerning the ad vowson and presentation of 
 churches, between laymen, or between laymen and clerks, or between clerks, it 
 shall be tried and concluded in the court of the lord king. 
 
 2. Churches on the king's demesne cannot be granted in perpetuity, with- 
 out his assent and grant. 
 
 3. Clerks charged and accused of anything, when summoned by the king's 
 justiciar, shall come into his court to answer for what it shall seem to the 
 court of the king should be answered there; and in the ecclesiastical court 
 for what it shall seem should be answ r ered there; so nevertheless, that the 
 
justice of the king shall send into the court of Holy Church to see how the mat- 
 ter shall be tried there. And if a clerk shall be convicted, or shall confess, the 
 church ought no longer to shield him. 
 
 4. Archbishops, bishops, and beneficed clerks may not leave the realm 
 without the licence of the lord king. And if they go out, if it please the lord 
 king, they shall give security, that neither in going, nor in making a stay, nor 
 in returning, will they procure evil or loss to the king or kingdom. 
 
 5. Excommunicate persons ought not to give permanent security norto 
 take an oath, but only security and pledge to abide the judgmentof the church, 
 in order that they may be absolved. 
 
 6. Laymen ought not to be accused except by competent and legal accusers 
 and witnesses, in the presence of the bishop, so nevertheless that the archdeacon 
 shall not lose hisright, nor anything which he ought to have therein. And if those 
 accused are such that no one dares to appear against them, let the sheriff, when 
 required by the bishop, cause twelve legal men of the neighborhood or of the 
 township, to take an oath in the presence of the bishop, that they will show 
 the truth about it, according to their conscience. 
 
 7. No one who holds of the king in chief, nor any of his demesne officers 
 shall be excommunicated, nor shall the lands of any of them be put under inter- 
 dict, unless the lord kins* agrees, if he is in the country, or his justiciar, if he is 
 out of the country; and so that what pertains to the king's court shall be set- 
 tled there, and what belongs to the ecclesiastical shall be sent there to be tried. 
 
 8. Appeals, if they shall occur, ought to proceed from the arch deacon to 
 the bishop, from the bishop to the arch bishop. And if the arch bishop shall 
 fail to show justice, it must come to the lord king finally, that by hiscommand 
 the controversy may be terminated in the court of the arch bishop, so that it 
 may not proceed farther without the consent of thelord king. 
 
 9. And if an action arises between a clerk and a layman, concerning any 
 holding which theclerk wishes to bringintocharitabletenure,butthelayman into 
 alay fief, it shall be settled in the view of the chief justiciar of the king" on the re- 
 cognition of twelve legal men, whether the holding belongs to charitable tenure 
 or to a lay fief, in the presence of that justiciar of the king. And if the recogni- 
 tion shall decide that it belongs to charitable tenure, the suit will be in the 
 ecclesiastical court, but if to a lay fief, unless both are answerable to the same 
 bishop or baron, the suit will be in the king's court. But if both are answer- 
 able for that fief to the same bishop or baron, the suit will be in his court, pro- 
 vided that the one formerly in possession shall not lose his possession on ac- 
 count of the recognition which has been made, until the suit is terminated. 
 
 10. And if anyone of a city or castle, or borough or demesne manor of 
 the lord king, has been summoned by the archdeacon or the bishop for any 
 offense for which he ought to answer to them, and is unwilling to answer their 
 summons, it is fully lawful to put him under interdict, but he ought not to be 
 excommunicated until the chiei officer of the king for that place agrees, in 
 order that he may compel him to make answer. And if the officer of the king 
 is negligent in this matter, he shall be at the mercy of the lord king, and after- 
 
wards the bishop shall be allowed to coerce the accused man by ecclesiastical 
 law. 
 
 11. Archbishops, bishops, and beneficed clerics, who hold of the king, have 
 their possessions from the lord king as a barony, and are responsible for them 
 to the justices and officers of the king, and follow and perform all royal rights 
 and customs; and, just as the rest of the barons, ought to be present at the 
 judgments of the courts of the lord king with the barons, at least until the 
 judgment reaches to loss of limb or to death. 
 
 12. When an archbishopric, or bishopric, or abbacy, or priory, on the de- 
 mesne of the king becomes vacant, it ought to be in his hands, and he shall 
 take thence all its revenues and profits, just as on his demesnes. And when counsel 
 is taken for the church, the lord king ought to summon the more influential of the 
 beneficed clergy ; and the election ought to be held in the chapel of the lord 
 king, with the assent of the lord king, and with the agreement of the beneficed 
 clergy whom he has called for this purpose. And the one elected shall there do 
 homage and fealty to the lord king as his liege lord, in his life and limbs and 
 his earthly honor, saving his order, before he shall be consecrated. 
 
 13. If anyone of the magnates of the realm has prevented archbishop, 
 bishop or archdeacon from exercising justice upon himself or his, the lord king 
 ought to bring him to justice. And if by chance anyone has deprived the lord 
 king of his right, the archbishops, and bishops, and archdeacons, ought to bring 
 him to justice, in order that he may give satisfaction to the lord king. 
 
 14. The chattels of those who are in forfeiture to the king, no church nor 
 church-yard ought to detain, against the justice of the king, because they are 
 the king's, whether they have been found within the churches or without. 
 
 15. Suits about debts, -whether owed through the medium of a bond or 
 without a bond, should be in the jurisdiction of the king. 
 
 16. Sons of villans ought not to be ordained without the assent of the 
 lord upon whose land they are known to have been born. The acknowlegment 
 of the aforesaid royal customs and dignities has been made by the aforesaid 
 archbishops, and bishops, and earls, and barons, and the men of nobility and 
 age of the realm, at Clarendon, on the fourth day before the Purification of the 
 Blessed Mary, Perpetual Virgin, Lord Henry, being present, with his father, the 
 lord king. There are however, many other great and important customs 
 and dignities of the Holy Mother Church, and of the lord king, and of the bar- 
 ons of the realm, which are not contained in the document. These are pre- 
 served to Holy Church, and to the lord king and his heirs, and to the barons of 
 the realm, and shall be observed inviolably forever. 
 
 Summary. 
 
 1. Constitutions purport to be customs of Henry I., but 
 
 a. Some are older, cf. 7 and 8. 
 
 b. Some are in whole or in part new, cf. 1 and 3. 
 
 2. Original question was the trial of criminous clerks, but Constitutions 
 
 a. Regulate the relations of the English Church and the Papacy, cf. 4 
 and 8; 
 
b. Define the relations between the ecclesiastical and royal courts, as- 
 
 serting supremacy of the royal courts, cf. 3, 6, 8, 9, and 13 ; 
 
 c. Assert the supremacy of King over the Church, cf. 5, 7, and 10. 
 
 3. Becket objected to 1, 3, 4, 7, 8, 9, 12, 15. 
 
 4. Constitutions repealed after death of Becket; partial victory for each. 
 
 a. King won principle asserted in 1, 9, and 15, /. e., that suits about 
 
 ecclesiastical property and civil pleas shall be tried in the 
 royal courts. 
 
 b. Church won against principle asserted in 3, 4, and 8, i. e., accused 
 
 clerks shall be tried in ecclesiastical courts (benefit of 
 clergy), and appeals to Rome are allowed. 
 
 5. First mention of jury, shows common use. 
 
 f) Death of Becket; result. 
 
 2) Struggle with the barons. 
 
 a) Military power diminished by Scutage and Assize of Arms. 
 
 b) Judicial power diminished by confining them to the terms of 
 
 their franchises. 
 
 3) Conquest of Ireland. 
 
 a) Bull of Hadrian IY. 
 
 b) Strongbow. 
 
 c) Extent of conquest and result. 
 
 4) Domestic troubles; last years. 
 C. Constitutional Development, Henry II. 
 
 1. The central government, cf. Normans, 
 a. The Great Council. 
 
 1) Composition. 
 
 a) Theoretical and actual. 
 
 b) Practice of summons; first extant individual summons to a 
 
 Great Council, 1205. 
 
 (Although this writ is of later date the practice of special summons was 
 common in the time of Henry II.) 
 
 Stubbs' Select Charters, 282-3: The King to the Bishop of Salisbury. 
 We summon you to be in our presence, at London, on the Sunday next before 
 the Ascension of our Lord, requesting that you lay aside every occasion and 
 pretext for delay, as you value us and our honor, to consider with us our great 
 and arduous business and the common welfare of our realm, since it is exped- 
 ient to have your counsel and that of other magnates of our land, whom we 
 have caused to be summoned for that time and place, concerning those things 
 which have been laid before us by the King of France, through his messengers 
 and ours, from which we hope by the grace of God to attain success. Also do 
 you cause to be cited, on our part and on yours, the abbots and priors of your 
 entire diocese, to be present with us in the aforesaid council, as they value us 
 and the common welfare of our realm. 
 
 g) Possible traces of representation. 
 
 2) Powers. 
 
Benedict of Peterborough, I., 160 (Select Charters, 131), 1177: Almost all 
 of the earls, barons, and knights of the kingdom came to him there, equipped 
 with horses and arms, to go where the king ordered. After discussing for a 
 long time about the peace and stability of the kingdom, by the advice of his 
 bishops, earls and barons, he removed the custodians of the castles of England, 
 and restored them to the custody of knights who were of his own household, 
 b. Judicial development. 
 
 1) Curia Regis. 
 
 a) Exchequer; Dialogue of the Exchequer. 
 
 b) King's Bench. 
 
 c) Itinerant Justices. 
 
 2) Local courts connected with the central courts. 
 
 3) Assize of Clarendon. 
 
 THE ASSIZE OF CLARENDON, 1 1 66 
 
 (Stubbs' Select Charters, 140-146) 
 Here begins the Assize of Clarendon, made by King Henry II with the as- 
 sent of the archbishops, bishops, abbots, earls and barons of all England. 
 
 1. In the first place, the aforsaid King Henry, with the consent of all his 
 barons, for the preservation of the peace and the maintenance of justice, has 
 enacted that inquiry should be made through each county and each hundred, by 
 twelve of the more legal men of the hundred, and by four of the more legal men 
 of each township, upon their oath that they will tell the truth, whether there 
 is in their hundred or in their township anyone who has been accused or is 
 publicly notorious as a robber, or murderer, or thief, or harborer of robbers, 
 murderers or thieves, since the lord king has been king. And let the justices 
 make this inquiry by themselves, and the sheriffs by themselves. 
 
 2. And let anyone who has been found by the oath of the aforesaid, to have 
 been accused or to be notorious as a robber, or murderer, or thief, or harborer 
 of them, since the lord king has been king, be arrested and go to the ordeal of 
 water, and let him swear that he has not been a robber, or murderer, or thief, 
 or harborer of them, to the value of five shillings, so far as he knows, since 
 the lord king has been king. 
 
 3. And if the lord of the man who has been arrested, or his steward, or his 
 men shall have claimed him by a pledge within the third day after he has been 
 seized, let him be giren up and his chattels, until he himself make his law. 
 
 4. And when a robber, or murderer, or thief, or harborer of them shall 
 have been seized, through the above mentioned oath, if the justices are not to 
 come very soon into that county where the}' have been arrested, let the sheriffs 
 send word to the nearest justice by some intelligent man, that they have arrest- 
 ed such men, and the justices will send back word to the sheriffs where these 
 are to be brought before them ; and the sheriffs shall bring them before the jus- 
 tices ; and along with these they shall bring from the hundred or township 
 where they have been arrested, two legal men to carry the record of the county 
 or of the hundred, as to why they were seized, and there before the justices let 
 them make their law. 
 
5. And in the case of those who have been arrested through the aforesaid 
 oath of this assize, no one shall have court, or jurisdiction, or chattels, except 
 the lord king in his court before his justices, and the lord king shall have all 
 their chattels. 
 
 6. In the case of those, however, who have been arrested, otherwise than 
 through this oath, let it be as has been customary and ought to be, and the 
 sheriffs who have arrested them, shall bring them before the justice without 
 any other summons from him. And when, robbers, or murderers, or thieves, or 
 harborers of them, who have been arrested through the oath or otherwise, 
 are handed over to the sheriffs, they also must receive them immediately and 
 without delay. 
 
 7. And in the several counties where there are no jails, let such be made in 
 a borough, or in some castle of the king, from the money of the king and from 
 his forest, if one shall be near, or from some other neighboring forest, by the 
 view of the officers of the king; so that in them the sheriffs may be able to de- 
 tain those who have been seized by the officers who are accustomed to do this, 
 or b\ r their servants. 
 
 8. And the lord king, moreover, wills that all shall come to the county 
 court to take this oath, so that no one shall refrain from coming to take the 
 oath because of any franchise which he holds, or court, or jurisdiction which 
 he had. 
 
 9. And no one within a castle, or even in the honor of Wallingford, may 
 forbid the sheriffs to enter into his court or his land for the view of frank pledge 
 and to see that all men are under pledge ; and let them be sent before the sheriffs 
 under frank pledge. 
 
 10. And in cities and boroughs, let no one have men or receive them in his 
 house, or in his land, or in his soc.whom he does not undertake to] produce before 
 the justices if they shall be required, or else let them be under frank pledge. 
 
 11. And let there be none in a city or borough, or in a castle or without, 
 or even in the honor of Wallingford, who shall forbid the sheriffs to enter into 
 his land or his jusisdiction to arrest those who have been charged or are notor- 
 ious as robbers or murderers or thieves or harboi-ers of them, or outlaws or 
 persons charged concerning the forest; but the king commands that they shall 
 aid them in arresting such. 
 
 12. And if anyone is arrested who has in his possession the booty of rob- 
 bery or theft, if he is of bad reputation and has an evil testimony from the pub- 
 lic, and cannot vouch to warranty, let him not make his law. And if he shall 
 not have been notorious, on account of the booty which he has, let him go to 
 the water (ordeal). 
 
 13. And if anyone shall have acknowledged robbery or murder or theft or 
 the harboring of such criminals, in the presence of legal men of the hundreds, 
 and afterwards shall wish to deny it, he shall not make his law. 
 
 14. The lord king wills, moreover, that those who make their law, and 
 shall be cleared by the law, if they are of very bad repute, and are publicly and 
 disgracefully held as infamous by the testimony of many and legal men, they 
 
shall abjure the lands of the king, so that within eight days they shall cross 
 the sea, unless the wind detains them; and with the first wind which they shall 
 have afterwards, they shall cross the sea ; and they shall not come back again 
 into England, except by the permission of the lord king; and there let them be 
 outlawed, and if they return they shall be seized as outlaws. 
 
 15. And the lord king forbids any vagabond, that is a wandering or an 
 unknown man, to be sheltered anywhere, except in a borough, and even there 
 he shall be sheltered only one night, unless he or his horse shall be sick, so that 
 he is able to show an evident excuse. 
 
 16. And if he shall have been there more than one night, let him be arrested 
 and held until his lord shall come to give security for him, or until he himself 
 shall have secured pledges; and let him who has sheltered him likewise bear- 
 rested. 
 
 17. And if any sheriff shall have sent word to any other sheriff that men 
 have fled from his county, on account of robbery or murder, or theft, or the 
 harboring of such criminals, or outlawry, or a charge concerning the forest of 
 the king, let him arrest them. And also, if he knows, himself or by others, that 
 such men have fled into his county, let him arrest them and hold them until he 
 shall have secured pledges from them. 
 
 18. And let all sheriffs cause a list to be made of all fugitives who have fled 
 from their counties; and let them do this in their county courts, and they shall 
 carry the written names of these, before the justices as soon as they come to 
 them, so that they may be sought through all England, and their chatties may 
 be seized for the use of the kmg. 
 
 19. And the lord king wills, that as soon as the sheriffs have received the 
 summons of the justices in eyre, to appear before them, with their county courts, 
 they shall gather together their county courts, and make inquiry for all who 
 have recently come into their comities, since the assize ; and that they shall 
 send them away under pledge to be before the justices, or else keep them in cus- 
 tody until the justices come to them, and then produce them before the justices. 
 
 20. The lord king, moreover, forbids monks, and canons, and nil religious 
 houses, from receiving any one of the common people, as a monk, or canon, or 
 brother, until his reputation is known, unless he shall be sick unto death. 
 
 21. The lord king, moreover, forbids anyonein all England to receive in his 
 land, or in his jurisdiction, or in a house under him, anyone of the sect of those 
 renegades who have been excommunicated and branded at Oxford. And if any- 
 one shall have received them, he shall be at the mercy of the lord king, and the 
 house in which they have been, shall be carried outside of the village and 
 burned. And each sheriff shall take an oath to maintain this, and shall cause 
 all his officers to take this oath, and thestewardsof thebarons, and all knights 
 and freeholders of the counties. 
 
 22. And the lord king wills that this assize shall be maintained so long as 
 it shall please him. 
 
 4) The jury, presentment and trial. 
 
 a) Development to time of Henry II. 
 
b) Use by Henry II. 
 
 c) Contrast with present form. 
 
 d) Advantages of the system. 
 
 Extracts from Glanvill, De Legihus Anglise, Liber II., Chap. 7 (Select 
 Charters, 160-164): Moreover, there is the great assize, a kind of royal favor, 
 given to the people by the clemency of the prince, with the advice of the nobles; 
 by which such favorable arrangements are mafic for the lives of men and for the 
 integrity of the state, that what one possesses lawfully in freehold he can 
 retain while declining the doubtful outcome of the duel. And by this means he 
 can escape the extreme penalty of a sudden and premature death, or the dis- 
 grace of the everlasting infamy of that outrageous and shameless word which 
 sounds so basely in the mouth of the conquered. Moreover that legal in- 
 stitution has proceeded from the highest justice, for the sentence which, after 
 many and long dela3 r s, is with difficulty declared by the duel, by the benefit of 
 this institution, is set forth fitly and speedily. For the assize does not allow 
 as many essoins (postponements) as the duel. Thus both labor and expense 
 are spared. In proportion as there is greater confidence in the decision of 
 several individual witnesses over only one, by so much does this institution 
 display greater justice than the duel. For the duel proceeds upon the testimony 
 of but one who makes oath, while this institution requires the oath of at least 
 twelve legal men. 
 
 c. Royal revenue. 
 
 1) Review to this period. 
 
 2) Scutage. 
 
 a) Origin. 
 
 b) Method of collection, constitutional importance. 
 
 3) Assize of Arms. 
 
 a) Object. 
 
 b) Method of enforcement. 
 
 ASSIZE OF ARMS. 118 1 
 (Select Charters, 153156) 
 
 1. Whoever has a knight's fee shall have a coat of mail and helmet, shield 
 and lance ; and every knight shall have as many coats of mail and helmets, 
 shields and lances as he has knight's fees in his domain. 
 
 2. Each free layman having chattels or income to the value of sixteen 
 marks (about £10) shall have a coat of mail and helmet, shield and lance; each 
 free layman having chattels or income to the value often marks shall have a 
 hauberk, head piece of iron and a lance. 
 
 3. Likewise all burghers (inhabitants of walled towns) and every member 
 of a community' of freemen shall have a doubtlet of mail, head piece of iron and 
 lance. ***** 
 
 9. Likewise the Justices shall make inquiry upon oath of legal knights or 
 other free and legal men from the hundreds and boroughs, as many as they 
 deem necessary, to ascertain who have the value of chattels requiring a coat 
 
of mail, helmet, lance and shield, as aforesaid; besides which they shall separ- 
 ately name to them all from their hundreds, vicinages and boroughs, who 
 have sixteen marks in chattels or income; likewise, also, those who have ten 
 marks. 
 
 10. Also, no one shall take oath as a legal and free man who has not six I 
 teen or ten marks in chattels. * * * The king also orders that no- 
 one shall be received to the oath of arms except free men. 
 4) Saladin's Tithe. 
 
 a) Object and importance. 
 
 b) Method of collection. 
 
 ORDINANCE OF THE SALADIN TITHE, 1 1 88 
 
 (Select Charters, 159-60) 
 
 1. Each shall give a tenth of his income and moveables this year, except- 
 ing arms, horses and clothing of knights ; excepting, also, horses, books, cloth- 
 ing, vestments and every kind of ecclesiastical paraphernalia and precious 
 stones belonging to the clergy and laity. 
 
 2. This money shall be collected in each parish. * Excom- 
 munication shall be visited upon anyone who does not give the duly assessed 
 tenth. And if anyone, in their judgment, shall have given less than he ought, 
 let them select from the parish four or six lawful men, who, upon oath, shall 
 declare that amount which he ought to have reported ; and then there shall be 
 added whatever is lacking. 
 
 D. Narrative, Richard I. (1189-1199). 
 
 1. The third crusade. 
 
 2. The regency; John's attempts to gain power. 
 
 E. Constitutional Development, Richard I. 
 
 1. Taxation. 
 
 a) Object. 
 
 b) Method of assessment. 
 
 Roger of Hoveden, Chronicles, IV., 46 (Select Charters, 256-7): 
 That same year, Richard, King of England, took from every carucate or 
 hide of land in all England, five shillings as an aid, for collecting which, thesaid 
 king sent through each county of England, one clerk and one knight, who, with 
 the sheriff of the county to which the\- were sent, and with legal knights who 
 were elected for this purpose and had taken an oath to carry out faithfully the 
 business of the king, caused to come into their presence the stewards of the 
 barons of that county, and from every township either the lord or the bailiff of 
 the township, and the reeve, with four legal men of the township, either free 
 orvillans; and two legal knights from the hundred ; to swear that faithfully 
 and without deceit they would declare how many carucates there were in each 
 township, i. e., how many in demesne, how many in villanage, how many in 
 charitable tenure occupied by religious men. * * 
 
 2. The Iter of 1194. 
 
FORM OF PROCEDURE IN PLEAS OF THE CROWN 
 
 (Select Charters, 258-263,) 
 
 First, there are chosen four knights from the whole county, who, under 
 oath, choose two legal knights from each hundred or wapentake; and these 
 two choose, under oath, ten knights from each hundred, or, if knights are lack- 
 ing, legal and free men, that these twelve men may respond together on all the 
 articles in behalf of the whole hundred or wapentake. 
 
 3. Towns and gilds. 
 
 a) Development to this time. 
 
 b) Charters and organization. 
 
 CHARTER OF RICHARD I. TO WINCHESTER, 1 1 90 
 
 (Select Charters, 265-6). 
 
 Richard, by the Grace of God, King of England, Duke of Normandy, etc., to 
 the archbishops, bishops, abbots, earls, barons, justices, sheriffs, ministers, and 
 all bailiffs, and his faithful subjects of his whole land, greeting. Know ye, that 
 we have granted to our citizens of Winchester, of the gild merchant, that none 
 of them shall be impleaded outside the walls of the city of Winchester in any 
 plea, except pleas of outside tenures, mone3'ers and our ministers being ex- 
 cepted. We have granted also to them that none of them engage in the duel, 
 and that for pleas pertaining to our crown they may proceed according to the 
 ancient custom of the city. These things also we have granted to them, that 
 the citizens of Winchester, of the gild merchant, be quit of duty, custom and 
 bridge toll, in the market and outside, and through the sea ports of our whole 
 land this side of the sea and beyond ; and that no one be amerced save ac- 
 cording to the ancient law of the city, as it prevailed in the time of our ances- 
 tors; and that they shall hold justlv all their lands and tenures and pledges 
 and dues. And, in the case of their lands and tenures, which are in another 
 city, their rights shall be maintained according to the custom of the city; and 
 for all dues adjustable at Winchester and for the pledges made there, they 
 shall hold pleas at Winchester. And if anyone, in our whole land takes duty 
 or custom from the men of Winchester, of the gild merchant, after he has 
 failed of right, the sheriff of Southampton or the reeve of Winchester shall 
 take a pledge for his appearance at Winchester. Moreover, for the benefit of 
 the city, we have granted to them, that they shall be quit of exactions and 
 levies, except a levy made by our sheriff or other officer. 
 
 These said customs we grant to them, and all other liberties and franchises 
 which they had in the time of our ancestors; and if any unjust customs have 
 been levied in war, they shall cease ; and whoever seeks the city of Winchester 
 with his merchandise, from whatever place, whether a foreigner or other, shall 
 come, stay and return in our peace, rendering right customs, and no one shall 
 disturb him, on account of this, our charter. Therefore, we wish and firmly 
 decree that they and their heirs shall have by inheritance and hold all the afore- 
 said, of us and our heirs. Witness, Walter, Archbishop of Rouen ; Roger of 
 
Bath, Henr}' of Coventry, bishops; Bertram of Verdun, John Marshall, William 
 Marshall. Given by the hand of John of Alencon, archdeacon of Lisieu, our 
 vice-chancellor, at Nunancurte, on the fourteenth day of March, in tlie first 
 year of our reign. 
 
 F. John and Magna Charta, 1199-1216. 
 
 1. Accession and character. 
 
 2. Quarrels. 
 
 a. France. 
 
 1) Arthur of Brittany. 
 
 2) Loss of Normandy. 
 
 b. Papacy. 
 
 1) The disputed election; story and claims. 
 
 2) Excommunication and interdict. 
 
 3) Surrender; England a hef of Rome. 
 C Barons and clergy. 
 
 1) Exactions and abuses. 
 
 2) Revolt ; meetings and proposals. 
 
 3. The Charter. 
 
 MAGNA CHARTA 
 
 ("The whole constitutional history of England is a commentary on this 
 charter." — Stubbs.) 
 
 Granted by King John, June 15, 1215. 
 (Stubbs' Select Charters, 296-306) 
 
 John, by the grace of God, King of England, Lord of Ireland, Duke of Nor- 
 mandy and Aquitaine, Count of Anjou, to the archbishops, bishops, abbots, 
 earls, barons, justiciars, foresters, sheriffs, reeves, servants, and all officers, and 
 his faithful subjects, greeting: Know ye, that we, in the sight of God, and for 
 the good of our soul, and those of all our ancestors and of our heirs, for the 
 honor of God and the exaltation of Holy Church, and the benefit of our 
 realm, by the advice of our venerable fathers Stephen, Archbishop of Canter- 
 bury, Primate of ail England, Cardinal of the Holy Roman Church, Henry, 
 Archbishop of Dublin, William of London, Peter of Winchester, Jocelyn of Bath 
 and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, 
 and Benedict of Rochester, bishops; of Master Pandulf, sub-deacon and com- 
 panion of the Lord Pope, of Brother Aymeric, Master of the Knights Templar 
 in England ; and of the noblemen William Marshall, Earl of Pembroke, William, 
 Earl of Salisbury, William, Earl of Warren, William, Earl of Arundel, Alan of 
 Galloway, Constable of Scotland, Warren Fitz-Gerald, Peter Fitz-Herbert, 
 Hubert de Burgh, Steward of Poitou, Hugh de Nevil, Matthew Fitz-Herbert, 
 Thomas Bassett, Alan Bassett, Phillip d' Albaui, Robert de Roppelay, John 
 Fitz-Hugh and others of our liegemen. 
 
 1. In the first place we have granted to God, and by this our present char- 
 ter confirmed, for us and our heirs forever that the Church of England shall be 
 free, and shall hold its rights intact and its privileges inviolable; and we will 
 
that it be thus observed ns is apparent from this, that the freedom of elections, 
 which is considered to be most important and especially necessary to the 
 Church of England, we, of our mere free will, granted, and by our charter con- 
 firmed, before the contest between us and our barons had arisen ; and obtained 
 a confirmation of it by the Lord Pope Innocent III.; which we will observe, and 
 which we desire, shall be observed in good faith by our heirs forever. We have 
 granted, morever, to all free men of our kingdom, for us, and our heirs forever, all 
 liberties written below, to have and to hold for themselves and their heirs from 
 us and our heirs forever : - 
 
 2. If any of our earls or barons, or others holding of us in chief, shall 
 die and a t the time of his death, the heir is of full age and owes a relief, he shall have 
 his inheritance by the ancient relief; that is to say, the heirs of an earl, for the 
 whole barony of an earl, a hundred pounds; the heir or heirs of a baron, for a 
 whole barony, a hundred pounds; the heir or heirs of a knight, for a whole 
 knight's fee, a hundred shillings at most; and whoever owes less, let him give 
 less, according to the ancient custom of fiefs. 
 
 3. But if the heir of any such shall be under age, and shall bein wardship, 
 he shall have his inheritance without relief and without fine. 
 
 4. The guardian of the land of such a minor heir shall not take from the 
 land of the heir any except reasonable profits, reasonable customary paj'meuts, 
 and reasonable services, and this without destruction or waste of men or prop- 
 erty; and if we shall have committed the custod} r of the land of any such 
 to the sheriff, or to any other person who is responsible to us for its profits, and 
 that man shall have made destruction or waste on the lands in wardship, we 1 
 will recover damages from him, and the lands shall be committed to two lega 
 and discreet men of that lief, who shall be responsible for the profits to us, or to 
 him to whom we have assigned them; and if we shall have given or sold to 
 anyone the wardship of any such land, and he shall have made destruction or 
 waste thereon, he shall lose that wardship, and it shall be handed over to two 
 legal and discreet men of that fief who shall be in like manner responsible to 
 us as aforesaid. 
 
 5. But the guardian, so long as he shall have custod}' of the land, must 
 keep up the houses, parks, warrens, ponds, mills, and other things pertaining 
 to the laud, out of the profits of the land itself; and he must return to the heir, 
 when he shall have come to full age, all his land, furnished with ploughs and 
 implements of husbandry, according as the time of tillage requires and the 
 profits of the land can reasonably permit. 
 
 6. Heiresses shall be married without disparagement, and so that before 
 the marriage is contracted, it shall be announced to those near of kin to the 
 said heiress. 
 
 7. A widow, after the death of her husband, shall have her dowry and her 
 inheritance at once and without hindrance, nor shall she give am'thing for her 
 dowry or for her marriage portion, or for her inheritance which inheritance her 
 husband and she held on the day of his death; and she may remain in the house 
 of her husband for forty days after his death, within which time her dowry 
 shall be assigned to her. 
 
8. No widow shall be compelled to marry as long as she prefers to live 
 without a husband, provided she gives security that she will not marry with- 
 out our consent, if she holds of us, or without the consent of the lord of 
 whom she holds, if she holds of another. 
 
 9. Neither we nor our officers will seize any land or rent for an}' debt, so 
 long as the chattels of the debtor are sufficient to pay the debt ; nor shall the 
 sureties of a debtor be distrained so long as the principal debtor himself has 
 enough to pay the debt ; and if the principal debtor fails to pay the debt, not 
 having wherewithal to pay it, the sureties are to answer for the debt ; and if 
 they desire, they shall have the lands and rents of the debtor until they shall 
 have been satisfied for the debt which they paid for him, unless the principal 
 debtor shall have shown himself to be quit thereof as regards those sureties. 
 
 10. If anyone has taken anything from the Jews, by way of a loan, more 
 or less, and dies before that debt is paid, the debt shall not bear interest so 
 long as the heir is under age, from whomsoever he holds; and if that debt falls 
 into our hands, we will take nothing except the principal specified in the deed. 
 
 1 1. And if anyone dies indebted to the Jews, his wife shall have her dowiw, 
 and shall not pay any of that debt ; and if there remain minor children of the 
 deceased their necessary wants shall be provided for, corresponding to the hold- 
 ing of the deceased ; and from the remainder the debt shall be paid, saving the 
 service due to the lords. In the same way r debts are to be treated which are 
 owed to others than Jews. 
 
 12. No scutage or aid shall be imposed in our kingdom unless by thegreat 
 council of our realm, save for the ransoming of our body, for knighting our 
 eldest son, and for once marrying our eldest daughter, and for these purposes 
 it shall be onry a reasonable aid ; and in the same way it shall be done con- 
 cerning the aids of the city of London. 
 
 13. And the city of London shall have all its ancient liberties and free 
 customs, as well bj r land as by water. 'Moreover, we will and grant that all 
 other cities and boroughs and towns and ports shall have all their liberties 
 and free customs. 
 
 14. And for holding the great council of our realm for the assessment of 
 an aid other than the three cases mentioned above, or for the assessment of a 
 scutage, we shall cause to be summoned the archbishops, bishops, abbots, 
 earls, and greater barons by individual w r rit ; and furthermore, we shall cause 
 to be summoned collectively, by our sheriffs and officers, all those who hold 
 from us in chief; lor a certain day, that is, after an interval of at least forty 
 days, and at a certain place; and in all the writs of that summons, we will ex- 
 press the purpose of that summons, and when the summons has thus been 
 given the business shall proceed upon the appointed da\', on the advice of those 
 present, even though all of those summoned have not come. 
 
 15. We will not grant to anyone, in the future, the right to take an aid 
 from his free men, except for ransoming his body, for knighting his eldest son, 
 and for once marrying his eldest daughter, and for these purposes a reasonable 
 aid onlv shall be taken. 
 
16. No one shall be compelled to perform any greater service for a knight's 
 fee, or any other freehold, than is due from it. 
 
 17. The common pleas shall not follow our court, but shall be held in some 
 fixed place. 
 
 18. The assizes of novel disseisin, mort d 'ancestor and darrein present- 
 ment shall be held only in their own counties and in this manner: we, or if 
 we areout of the realm, our principal justiciar, will send two justiciars through 
 each county four times a year, who with four knights of the county, elected by 
 the county, shall hold in the county, and on the day and in the place of the 
 county court, the aforesaid assizes. 
 
 19. And if the aforesaid assizes cannot be held within the day of the county 
 court, a sufficient number of knights and freeholders, according as the business 
 ismoreor less, shall remain, from those present at the county court on thatday, 
 to give the judgment. 
 
 20. A freeman shall not be fined for a small offense, but in proportion to 
 the measure of the offense; and for a great offense, he shall be fined in propor- 
 tion to the magnitude of the offense, saving his contenement ; and a merchant 
 in the same way, saving his merchandise; and the villan shall be fined in the 
 same waj-, saving his wainage, if he shall be at our mercy; and none of the 
 above fines shall be imposed except upon the oath of honest men of the neigh- 
 borhood. 
 
 21. Earls and barons shall not be fined except by their peers, and onlv in 
 proportion to their offense. 
 
 22. No clergyman shall be amerced for his la\ r holding except according to 
 the method of the others aforesaid, and not according to the amount of his 
 ecclesiastical benefice. 
 
 23. No town, nor man, shall be compelled to make bridges over the rivers 
 except those which ought to do it of old and of right. 
 
 24. No sheriff, constable, coroner, or other officer of ours shall hold pleas 
 of the crown. 
 
 25. All counties, hundreds, wapentakes, and tithings shall be at the an- 
 cient rates and without any increase, except our demesne manors. 
 
 26. If anyone holding a lay fief from us shall die, and our sheriff or officer 
 shall show our letters-patent of summons for a debt which the deceased owed to 
 us, it shall be lawful for our sheriff or officer to attach and levy on the chattels of 
 the deceased found on his lay fief, to the amount of the debt, in the view of legal 
 men, so that nothing be removed until our clear debt be paid ; and the remain- 
 der shall be left to the executors to fulfill the will of the deceased ; and if nothing 
 is due to us from him, all the chattels shall go to canw out the will of the de- 
 ceased, saving to his wife and children their reasonable shares. 
 
 27. If any freeman dies intestate, his chattels shall be distributed by the 
 hands of his near kinsmen and friends, under the oversight of the church, saving 
 to each one the debts which the deceased owed to him. 
 
 28. No constable, or other officer of ours, shall take a^'one's grain or other 
 chattels, without immediately paying for them in money, unless he is able to 
 obtain a respite at the good will of the seller. 
 
31 
 
 29. No constable shall compel any knight to give money for castle guard, 
 if he himself will do it in person, or by another able man, in case he cannot do 
 it through any reasonable cause. And if we have carried or sent him into the 
 army, he shall be free from such guard for the time he shall be in the army by 
 our command. 
 
 30. No sheriff, or officer of ours, or anyone else, shall take the horses or 
 wagonsof any freeman for carrying purposes, except by permission of said free- 
 man. 
 
 31. Neither we, nor our officers, will take the wood of any man for castles, 
 or for other uses, except b}' the permission of the owner of the wood. 
 
 32. We will notliold the lands of those convicted of felony for more than 
 a year and a day, after which the land shall be returned to the lords of the 
 fief. 
 
 33. All the fish-weirs in the Thames and Medway, and throughout all 
 England shall be done away with, except those on the coast. 
 
 34. The writ which is called Praecipe, moreover, shall not be given to any- 
 one concerning any tenement by which a freeman shall lose his court. 
 
 35. There shall be one measure of wine throughout our whole kingdom 
 and one measure of ale, and one measure of grain, that is, the London quarter, 
 and one width of dyed cloth and of russets and of halbergets, that is two ells 
 within the selvages; of weights, moreover, it shall be as of measures. 
 
 36. Nothing from henceforth shall be given or taken for a writ of inquisi- 
 tion of life or limb, but it shall be granted freely, and not denied. 
 
 37. If anyone holds of us by fee ferm, or by socage, or by burgage, and of 
 another he holds land by knight's service.we will not have the wardship of the 
 heir or of his land which belongs to another, on account of that fee ferm, or 
 socage, or burgage ; nor will we have the wardship of that fee ferm, or socage, 
 or burgage, unless that fee ferm itself owes knight's service. We will not have 
 the wardship of the heir or of the land of anyone, •which he holds of another 
 by knight's service on account of anj' petty serjeanty which he holds from us 
 by the service of paying to us knives or arrows, or things of that kind. 
 
 38. No officer for the future shall put anyone to his law on his own simple 
 affirmation, without credible witnesses brought for this purpose. 
 
 39. No freeman shall be taken, or imprisoned, or dispossessed, or outlaw- 
 ed, or banished, or in any way destroyed, nor will we go upon him, nor send 
 upon him, except by the lawful judgment of his peers, or by the law of the land. 
 
 40. To no one will we sell , to no one will we deiry , or delay, right or justice. 
 
 41. All merchants shall be safe and secure to go oat from England, or to 
 come into England, or to remain, or to go through England, by land or by 
 water, for buying or selling, free from all evil tolls, by the ancient and rightful 
 custom, except in time of war, or if they belong to a nation at war with us; 
 and if such are found in our land at the beginning of the war, they shall be de- 
 tained without injury to body or goods, until it shall be known from us or 
 from our chief justiciar, how our merchants are treated in the land at war with 
 us; and if ours are safe there, the others shall be safe in our land. 
 
 42. It shall be lawful thenceforth for anyone to go out from our kingdom, 
 
and to return, safely and securely, by land or by water, saving allegiance to us, 
 except in time of war, for some short time, for the common good of the realm, 
 excepting prisoners and outlaws according to the law of the realm, and people 
 of a land at war with us, and merchants, who shall be treated as above men 
 tioned. 
 
 43. If anyone holds of any escheat, as of the honor of Wallingford, or 
 Nottingham, or Boulogne, or Lancaster, or of other escheats which are in our 
 our hands, and are baronies, and he dies, his heir shall not pa\ r any other relief, 
 nor do to us any service, other than he would do to the barons, if that barony 
 was in the hands of a baron ; and we will hold it in the same way as the 
 baron held it. 
 
 44. Men who dwell outside of the forest shall not henceforth come before 
 our justiciars of the forest, on common summons, unless they are impleaded, or 
 are sureties for any who are attached on account of the forests. 
 
 45. We will not appoint as justiciars, constables, sheriffs, or bailiffs, any 
 except those who know the law of the realm and are well inclined to observe it. 
 
 46. All barons who have founded abbeys for which they have charters from 
 the kings of England, or hold by ancient tenure, shall have their custody when 
 these become vacant, as they ought to have. 
 
 47. All forests which have been afforested in our time, shall be disforested 
 immediately; and so it shall be concerning river-banks which in our time have 
 been fenced in. 
 
 48. All evil customs concerning forests, warrens, foresters, and warreners, 
 sheriffs and their officers, river-banks and their guardians, shall be inquired in- 
 to, immediate^, in each county, by twelve sworn knights of the same count3 _ , 
 elected by the honest men of the same county, and within forty days after the 
 inquest has been made, they shall be irrevocably destroyed by them, provided 
 that we are first informed of it, or our justiciar, if we are not in England. 
 
 49. We will immediately give up all hostages and charters, delivered to us 
 by our English subjects, as securities for their keeping the peace and yield- 
 ing us faithful service. 
 
 50. We will remove absolutely from their bailiwicks the relatives of Gerard 
 de Ath\'es, so that for the future they shall have no bailiwick in England ; En- 
 gelard de Cygony, Andrew, Peter, and Gyon de Chancelles, G3-011 de C3 r gon3', 
 Geoffrey de Martin and his brothers, Philip Mark and his brothers, and Geof- 
 fre3 r , his nephew, and their whole retinue. 
 
 51. As soon as peace is restored, we will send out of the realm all foreign 
 knights, cross-bowmen and mercenaries, who have come with horses and arms 
 for the injury of the realm. 
 
 52. If an3'one shall have been dispossessed or removed b3 r us without the 
 lawful judgment of his peers, from his lands, castles, franchises or right, we 
 will restore them to him immediately; and if contention arises about this, then 
 it shall be done according to the judgment of the twenty -five barons for the se- 
 curity of the peace, mentioned below. For all those things, however, of which 
 an3 r one has been deprived or of which he has been dispossessed without lawful 
 judgment of his peers, l:>3 r King Henry our father, or b3 r King Richard our 
 
brother, which we have in our hands, or which others hold and it is our duty 
 to guarantee, we shall have respite for the usual time of crusaders; excepting 
 those things about which a suit had been begun, or the inquest made by our 
 writ, before our assumption of the cross; when, however, we shall return from 
 our journey, or if by chance we desist from the journey, we will immediately 
 show full justice in regard to them. 
 
 53. We shall, moreover, have the same respite, and in the same manner, 
 about showing justice in regard to the forests, which are to be disforested or to 
 remain forests, which Henry our father or Richard our brother made into for- 
 ests; and concerning the custody of lands which are in the fief of another, cus- 
 tody of which we have until now had, on account of a fief which anyone has 
 held from us by knight's service; and concerning the abbeys which have been 
 founded in fiefs of others than ourselves, in which the lord of the lief has re- 
 served for himself a right; and when we return, or if we should desist from our 
 journey, we will immediately show full justice to those complaining in regard 
 to them. 
 
 54. No one shall be seized or imprisoned upon the appeal of a woman for 
 the death of any other than her husband. 
 
 55. All unjust and illegal fines, and all unjust and illegal amercements, 
 shall be altogether given up, or else left to the judgment of the twenty-five 
 barons hereafter mentioned for the preservation of the peace, or to the judg- 
 ment of the majority of them along with the aforesaid Stephen, Archbishop of 
 Canterbur\-, if he is able to be present, and others whom he may wish to invite. 
 And if he shall not be able to be present, nevertheless the business shall go on 
 without him, provided, that if one or more of the aforesaid twenty-five barons 
 are interested in a similar suit they shall be removed in this particular case, 
 and others who shall be chosen and put upon oath by the remainder of the 
 twenty-five shall be substituted for them. 
 
 56. If we have dispossessed or removed any Welshmen from their lands, 
 franchises, or other things, without lawful judgment of their peers, in England 
 or Wales, they shall be immediately returned to them; and if a dispute arises 
 over this, then it shall be settled in the March by judgment of their peers, con- 
 cerning holdings in England according to the law of England, concerninghold- 
 ings in Wales according to the law of Wales, and concerning holdings in the 
 Marches according to the laws of the Marches. The Welsh shall do the same 
 to us and to ours. 
 
 57. Concerning all these things, however, from which any one of the 
 Welsh shall have been removed, or dispossessed, without lawful judgment of his 
 peers, by King Henry our father, or King Richard our brother, which we hold 
 in our hands, or which others hold and we are bound to warrant to them, we 
 shall have respite for the usual period of crusaders, except concerning those 
 about which a suit was begun, or inquisition made by our command, before 
 our assumption of the cross. When, however, we shall return, or if by chance 
 we shall desist from our journey, we will show full justice to them immediately, 
 according to the law of the Welsh and the aforesaid parts. 
 
58. We will give back the son of Llewelyn immediately, and all the host- 
 ages from Wales, and all the charters, which have been delivered to us as security 
 for peace. 
 
 59. We will act toward Alexander, King of the Scots, concerning the re- 
 turn of his sisters and his hostages, and concerning his franchises and his right, 
 according to the manner in which we shall act towards our other barons of 
 England, unless it ought to be otherwise by the charters which we hold 
 from William his father, formerly King of the Scots, and this shall be by the 
 judgment of his peers in our court. 
 
 60. All the aforesaid franchises, which we have granted to be held in our 
 kingdom, as far as pertains to us, in respect to our vassels, all men of our king- 
 dom, as well clergy as laity, shall observe as far as pertains to them, in respect 
 to their vassals. 
 
 61. And whereas, for the honor of God, and for the improvement of our 
 realm, and for the better quieting of the hostility lately arisen between us and 
 our barons, we have made all these concessions ; we wish them to enjoy these 
 in a complete and firm stability forever, we make and concede to them the 
 security described below : that is to say, that they shall elect twenty-five bar- 
 ons of the kingdom, whom they will, who ought with all their power to ob- 
 serve, hold, and cause to be observed, the peace and liberties which we have 
 granted to them, and by this our present charter confirmed to them; in this 
 manner, that if we, or our justiciar, our officers, or anyone of our servants shall 
 have done wrong in any way towards anyone, or shall have transgressed any 
 of the articles of peace or security, and the wrong shall have been shown to four 
 barons of the aforesiad twenty-five barons, let these four barons come to us, or to 
 our justiciar, if we are out of the realm, laying before us the grievance and let 
 them petition that it be corrected without delay. And if we shall not have 
 corrected the grievance, or if we should chance to be out of the realm and it 
 shall not be redressed by our justiciar within a period of fort} r days, counting 
 from the time of notification to us or our justiciar, if we are out of the realm; 
 the aforesaid four barons shall refer the matter to the remainder of the twenty- 
 five barons, and let these twenty-five barons with the whole community of the 
 country, distress and injure us in ever}- way possible, that is to say, by the 
 seizure of our castles, lands, possessions, and in any other way possible until 
 the grievance is redressed according to their judgment, saving our person and 
 the persons of our queen and children ; and when the grievance is redressed 
 they shall act towards us as before. And any person whatsoever in the king- 
 dom may swear that he will obey the orders of the aforesaid twenty-five 
 barons, and we publicly and freely give permission to each one who wishes this 
 that they may injure us as far as possible. All those, moreover, in the country , who 
 of themselves and of their own will, are unwilling to take an oath to join the 
 twenty-five barons in distressing and injuring us, we will compel to take the 
 oath at our command. And if anyone of the twenty -five barons dies, or de- 
 parts from the realm, or shall in any other way be prevented from taking the 
 above mentioned action, let the aforesaid twentv-five barons choose another in 
 
his place according to their judgment, who shall take an oath in the same wav 
 as the others. In all these matters which are committed to the twenty fi^ 
 
 when they are all present, or if any of them when summoned are unable to be 
 present, let that matter be considered valid and firm which the m^oritv of 
 those present agree upon and enjoin, just as if the whole twentTfive had 
 agreed to lt d let the twenty . five ^ ^ ^ - ^ ^ had 
 
 the things aforesaid, and with all their ability cause them to be obser td \nd 
 we w,ll procure nothing from anyone, either by ourselves, or bv anotZT^re 
 by any of these concessions and liberties may be revoked or diminished a^d 
 rfany such shall have been obtained, it shall be null and void, and I w Hnev r 
 use it ourselves or by another. 
 
 62. And all ill will, grudges, and rancors, which have arisen between us 
 and our subjects clergy and laity, from the time of the dissension we hTve fm 
 ly renounced and pardoned to all. Moreover, all transgressions committed on 
 accounted this dissension, from Easter, in the sixteenth vearof ou rZ ti f the 
 restoration of peace, we have fully remitted to all, clergy and laitv anrfn 
 as m us lies, fully pardoned. Moreover, we have cau^ d f be made for 
 them the testimonial letters patent of Lord Stephen, ArchbisLp of Canter 
 
 JZ' + OV t ?7r ArChbisl, ° P0f D " blin > and of the aforesaid bishop and 
 of Master Pandulf for the security and the concessions named above. ? 
 
 f™> *Z " WC Wil1 ' ^ fin * enjoh1 ' that the Church of England be 
 
 free and the men m our kingdom shall have and hold all the aforesaid Hbed 
 nghtsand concessions, well and peaceably, freely and quietly, fully and comp fe£ 
 ly, for themselves and their heirs, from us and our heirs, in all thin" and 
 paces, forever. It is also sworn, as well on our part as on the P art of the 
 aforesaid barons, that all these things aforesaid shall be observed in "ood k h 
 an without evil intent. Witness, the above named and many otheT £ n 
 
 on h 7« +t'? tU ,T ad ° W Called R -"^ede, between Windsor and sST 
 on the fifteenth day of June, in the seventeenth year of our reign. 
 
 Summary. 
 
 1. The Three Estates : cf. in each case with charter of Henry I 
 
 a. The Clergy; land 42; Freedom of elections, appeal'to Rome cf 
 
 charter of Henry I., 1. 
 
 b. The Barons; 2-8, 12, 14-16, 29, 32, 37, 43, 46; Feudal abuses re- 
 
 dressed, amount and occasion fixed ; cf. Charter of Henrv 
 L, 2-8, 11. • 
 
 c. The Commons ; 13, 23, 33, 35, 41, 42, 60 ; Same rights from barons 
 
 protection to commerce and popular interests, cf. Charter 
 of Henry I., 2 and 4. 
 
 2. Administration of law and justice; 17-22, 24,34 36 3S-40 45 <54.- 
 
 oTSSST^tTiT deYeloped by Henr - ; II; cf -' C1 ^ 
 
 3. Great Council and Taxation; ' 1 2 ' and 14; shows composition and 
 
 powers of Great Council, a complete feudal council* with- 
 out whose assent no extraordinary feudal aid can be lev ed 
 
4. Representation, use in local courts; IS. 19, 48. 
 
 5. Protection of property; 9-1 1, 23, 25-2S, 30, 31 ; no arbitrary seizure. 
 
 6. Forests ; 4-4, 47, 48, 53 ; restricted to ancient extent and customs. 
 
 7. Temporary provisions; 49-53, 55-59. 
 
 8. Enforcement; Gl-62; the duty of rebellion. 
 G. Collateral Topics. 
 
 1. Learning and literature at the court of Henry II. 
 
 2. Glanvill; life and works. 
 
 3. The Forests; origin, extent, courts, charters, present status, etc. 
 
 VI. THE STRUGGLE FOP THE GREAT CHARTER AND THE FORMA- 
 TION OF PARLIAMENT {1216-1307). 
 A. Bibliography. 
 1. Original. 
 
 a. Law writers and collections. 
 
 Br acton: De Lejribus Anglias. 
 Note Book. 
 
 Britton: Snmma de Legibus. 
 Ellis: Original Letters, Third Series, Vol. I. 
 Halliwell: Letters of the Kings of England. 
 Horwood: Year Books of Edward I. 
 Hutton: Misrule of Henry III. 
 
 Simon de Montfort and His Cause. 
 Louarr : Letters of Bishop Grosseteste. 
 Maitland: Pleas of the Crown for Gloucester, 1221. 
 Rymer: Fredera. 
 
 Shirley : Royal Letters of Henry III. 
 Stunbs: Select Charters, Parts VI. and VII. 
 
 b. Public Records. 
 
 Charter Rolls. 
 
 Close Rolls. 
 
 De Quo Warranto Rolls. 
 
 Hundred Rolls. 
 
 Modus Tenendi Parliamentum. 
 
 Parliamentary Writs. 
 
 Pipe Rolls. 
 
 Plaeitorum Abbreviatio. 
 
 Rolls of Parliament. 
 
 Statutes of the Realm. 
 
 c. Chronicles. 
 
 Annales Londoniensis, 
 
 Annales Monastici. 
 
 Matthew Paris: Historia Major. 
 
 Matthew of Westminster: Flores Historiarum. 
 
 Nicholas Tirivet: Annales. 
 
 Roger of Wendoyer: Flores Historiarum. 
 
Walter of Coventry : Memoriale. 
 
 Walter of Hexing burg ii : Chronica. 
 
 William Rishancek: Chronica. 
 Secondary. 
 
 Blaauw: The Barons War, Chap. XIII. 
 Boutmy: The English Constitution, pp. 33-69. 
 Brodrick: Histoiy of the University of Oxford. 
 Cox : Antient Parliamentary Elections, Chap. Y. 
 
 Institutions of the English Government, pp. 11-13. 
 Creasy: History of England, Vol. I., Chaps. XII. and XIII. 
 
 English Constitution, Chaps. XII. and XIII. 
 Creighton: Simon de Monfort, Chaps. V.-XVUI. 
 Cunningham: Growth of English Industry and Commerce, Vol. I., 
 
 Book II., Chap. III., Sec. 65; Book III., Chap. I., Sec. 85. 
 Digby: Historv of the Law of Real Property, Part I., Chap. IV., Sec. 
 
 2-4. 
 Dowell: History of Taxation, Vol. I., Chaps. V.-1X. 
 Feilden: Constitutional History of England, pp. 15-19, 94-96, 121- 
 
 123, 128-131, 1S6, 279-281. 
 Freeman: Growth of the English Constitution, pp. 56-96. 
 Garnier: History of the English Landed Interest, Vol. I., Chap. XIII. 
 Glasson: Droit et Institutions. Tome III., Chap. III., Sec. 97. 
 Gneist: Constitutional, History of England, Vol. II. pp. 1-15. 
 
 History of the English Parliament. 
 Green: History of the English People, Vol. I., Book III., Chaps. II.-IV. 
 Gross: The Coroner— Political Science Quarterly, 1892. 
 Hallam: Middle Ages, Chap*. VIII., Part HI. 
 Hearn : The Government of England, Chaps. XV.-XVII. 
 Hunt : English Church in the Middle Ages, pp. 145-1S2. 
 Jessop: The Coming of the Friars. 
 
 Lingakd: History of England, Vol. II., Chaps. VI. and VII. 
 Medley: Constitutional Essays, Parliament. 
 Mullinger : History of the University of Cambridge. 
 Pauli: Simon de Monfort, Introduction and Chaps. III.-V. 
 Pearson: Vol. II., esp. Chaps. II., III., VII., XV. and XVI. 
 Perky: English Church Historv, Vol. I. 
 
 Pike: History of Crime in England, Vol. I., pp. 157-162, 184-192. 
 Pollock: The Land Laws, pp. 52-90. 
 
 Pollock and Maitland: History of the English Law, Vol. I., Chap. VI. 
 Prothero: Simon de Montfort : Introduction and chaps. III., V., VI., 
 
 IX. and X. 
 Ranke: History of England, Vol. I., Book I., Chap. IV. 
 Reeves: Historv of the English Law, Vol. I., chaps. V.-VIII.; Vol. II., 
 
 chaps. IX.-XI. 
 Rowley: Rise of the People, Books I. and III. 
 Scrutton: Influence of Roman Law, pp. 65-73, 119-121. 150-ll>.~. 
 
Seelev: Greatest of All the Plautagenets (Edward I.). 
 
 Skottowe: Short History of Parliament, Chap. I. 
 
 Stubbs: Constitutional History of England, Vol. II., chaps. XIV. and 
 
 XV., esp. sections 168, 176-203, 214-237, 244. 
 Early Plautagenets, chaps. VIII.-XI. 
 Select Charters, pp. 31-51. 
 Taswell-Langjiead : Constitutional History of England, pp. 213- 
 
 215, 236-272. 
 Taylor: Origin and Growth of the English Constitution, Book II., 
 
 Chap. IV., Sees. 7-10; Book III., Chap. I., Sees. 1-7. 
 Tout: Edward I., esp. Chaps. VII. -XI. 
 Traill: Social England, Vol. I., Chap. IV. 
 Walpole: Electorate and the Legislature, Chaps. I. -III. 
 
 B. Narrative. 
 
 1. Henry III., 1216-1272. 
 
 a. Minority. 
 
 1) The regency; Pembroke, Hubert de Burgh. 
 
 2) Confirmation of Magna Charta. 
 
 a) Omissions; cf. original. 
 
 b) Later confirmations. 
 
 b. Personal rule of Henry. 
 
 1) Foreign favorites, extravagence and wars. 
 
 2) Relations with the Papacy. 
 
 a) Early demands. 
 
 b) Kingdom of Sicily. 
 
 3) Devices for raising money. 
 
 4) Resistance of the barons. 
 
 c. Kingship in commission ; Simon de Monfort. 
 
 1 ) The Mad Parliament. 
 
 2) The Provisions of Oxford. 
 
 3) The Mise of Amiens. 
 
 4) The Barons War. 
 
 a) Lewes. 
 
 b) Monfort in control. 
 
 c) The reaction; Evesham. 
 
 d) The Dictum of Kenil worth. 
 
 2. Edward I., 1272-1307. 
 
 a. Wars. 
 
 1) Wales; final conquest and incorporation. 
 
 2) Scotland. 
 
 a) Relation of the two kingdoms to this period. 
 
 b) The disputed succession ; claims of Balliol, Bruce and Hast- 
 
 ings, Edward's award. 
 
 c) The revolt ; Wallace and Bruce. 
 
 3) France. 
 
4) Effect upon constitutional development. 
 b) Expulsion of the Jews; sketch of their history in England. 
 C. Constitutional Development. 
 
 1. Parliament. 
 
 a. Great Council in 1216. 
 
 1) Composition and powers. 
 
 2) Tendency towards representation. 
 
 b. Development of representation. 
 
 1) Origin in the local courts. 
 
 a) Gradual development. 
 
 1. Laws of Ethelred, 97S-1016 (Select Charters, 72) Chap. HI.: 
 
 * * And that a gemot be held in every wapentake; and the XII. 
 senior tliegns go out, and the reeve with them, and swear on the relic that is 
 given them in hand, that they will accuse no innocent man, nor conceal any 
 guilty one. 
 
 2. Laws of Henry I., 1100-1135 (Select Charters, 104-107), YH., 7: If 
 any of the barons of the king, of others, shall be present at the county court, 
 according to the law, he can acquit all the land which he holds there in his 
 domain. 8. Likewise we have decreed for the hundred, concerning the presence 
 of the lord and his steward, or of the priest, reeve and best men. 
 
 3. Cf. Title of the Domesday Survey for Ely, 10S6, Supra p. 11 (Select 
 Charters, S6). 
 
 4-. Cf. Constitution of Clarendon, 6 and 9, 1164, Supra pp. 17-19 (Select 
 Charters, 135-40). 
 
 5. Cf. Assize of Clarendon, 1 and 4, 1166, Supra pp. 21-23 {Select Char- 
 ters, 140-6). 
 
 6. Cf. Assize of Anns, 9, 1181, Supra pp. 24-25 (Select Charters, 153-6). 
 
 7. Cf. Ordinance of the Saladin lithe, 2, 1188, Supra p. 25 (Select Char- 
 ters, 159-60). 
 
 8. Cf. Magna Charta, IS, 19 and Is, 1215, Supra p. 27-34- (Select Char- 
 ters, 296-306). 
 
 b) Extent about 1216. 
 
 2) Application of the principle to the Great Council. 
 
 REPRESENTATION OF THE COMMONS IN THE GREAT COUNCIL. 
 
 1213-1294. 
 
 1. 1213. Mathew Paris, p. 239 (Select Charters, 276): The king sent 
 letters to all the sheriffs of the realm of England, commanding that from each 
 township of his domains, they should cause to assemble four legal men with 
 the reeve, at St. Albans, on the fourth of August that by them and others of his 
 servants, he could ascertain the injury and loss sustained by each bishop, and 
 what was due to each. * There were present at the council at 
 
 St. Albans, Walfrid Fitz Peter and the bishop of Winchester, with the arch- 
 bishops, and bishops, and magnates of the realm ; when the king's peace was 
 
declared to all, and it was firmly decreed on the part of the king that the laws 
 of Henry, his grandfather, should be observed by all in the realm and that 
 all unjust laws should be annulled. It was furthermore declared to the sheriffs, 
 foresters and other servants of the king, as they valued life and limb, that they 
 should not extort anything by violence from anyone, nor presume to inflict in- 
 jury upon airy one, nor levy contributions anywhere in the realm, as they had 
 been in the habit of doing. 
 
 2. 1213. (Select Charters, 286-7): The king to the sheriff of Oxford, greet- 
 ing. We command you that all of the knights of your bailiwick, who were 
 summoned to be at Oxford in our presence two weeks after All Saints Day, 
 with their arms; likewise the body' of barons without arms; and four discreet 
 men from your county, you will cause to come to us for the same purpose, /'. e. , 
 to confer with us about the business of our kingdom. Witness, I myself, at 
 Winchester, the seventh day of November. 
 
 3. 1254. (Select Charters, 375-7): The King to the sheriff of Bedford 
 and Buckingham, greeting. * * * We strictly order that besides all 
 the aforesaid, you will cause to appear at our council, at Westminster, on the 
 twenty-sixth of April, four legal and discreet knights, from the aforesaid coun- 
 ties, whom these same counties shall have elected for this purpose, i. e., in 
 place of all and each of the inhabitants of the counties, m.,two from onecoun- 
 ty and two from the other, to make provision, together with the knights of 
 the other counties, whom we have caused to be summoned for the same day. 
 how great an aid they wish to grant to us in such an exigency. 
 
 4. 1261. (Select Charters, 405): The King to the sheriff of Norfolk and 
 Suffolk, greeting. Since, on the part of the Bishop of Worcester, the earls of 
 Leicester and Gloucester, and certain other nobles of our realm, three knights 
 have been summoned from each of our counties, to be present with them at St. 
 Albans, at the coming feast of St. Matthew, the Apostle, to consider with them 
 about the common affairs of our realm, while we and our aforesaid nobles, on 
 the same day, at Windsor, shall assemble to consider the peace between us and 
 them, we order you that those knights of your bailiwick, who were summoned 
 to them on that day, you will strictly enjoin on our part, that, putting aside 
 every obstacle, they come to us on the aforesaid day at Windsor, * * 
 
 to have a conference with us on the matters proposed, in order that 
 by the result of the work, they may see and know that we propose to attempt 
 nothing, except what we know will conduce to the honor and common .yoodof 
 our kingdom. Witness, the King, at Windsor, on the 11th day of September. 
 
 5. 1264. (Select Charters, 411-412): And because at our coming Parlia- 
 ment we ought to consider of our business and that of our kingdom, with the 
 prelates, magnates, and others of our faithful subjects, we command that you 
 send to us four of the more legal and discreet knights of the said county, by the 
 assent of the said county elected for this purpose in behalf of the entire county, 
 that they may be present with us, at London, on the twenty-second day of 
 
June, to consider with us the aforesaid business. * * Witness, the 
 
 king, at St. Paul's, London, on the fourth day of June. 
 
 6. 1265. Simon de Montfort's Parliament (Select Charters, 4-15) : Like- 
 wise it is ordered that each sheriff of England cause to come two knights from 
 the more legal, tried and discreet of each county to the king at London. * * 
 
 Likewise in the above form a writ is sent the citizens of York, Lincoln, and 
 other boroughs of England, ordering to send two from the more legal, tried 
 and discreet men, both citizens and burgesses. 
 
 Likewise in the aforesaid form order was sent to the barons and to the tried 
 men of the Cinque Ports. 
 
 6. 1267. Statute of Marlborough (Select Charters, 336) : Moreover, in 
 the fifty-second j'ear of Lord Henry, the son of King John, on the octave of St. 
 Martin, the lord king himself, acting for the advancement of his realm, and for 
 the larger manifestation of justice, as far as required by the welfare of the 
 kingly office, having summoned the more discreet of his realm, both the greater 
 and the lesser, it was so provided, determined and harmoniously agreed upon. 
 
 7. 1269. Annals of Wykes (Select Charters, 337) : On the thirtieth day 
 of October, having assembled all the prelates and magnates of England, as w r ell 
 as the abler men of all the cities and boroughs of his realm * * (to trans- 
 late the relics of Edward the Confessor). * * * After having com- 
 pleted the solemn service of the translation, the nobles began, as was custom - 
 ar3 r , to consider the affairs of the king and the realm, in a kind of Parliament. 
 
 8. 1273. Annalsof Winchester (Select Charters, 429): In this year, alter the 
 feast of St. Hilary, an assembly being called of all the prelates and other 
 magnates of the kingdom at Westminster, after the death of the illustrious 
 King Henry, there assembled the archbishops, bishops, earls, barons, abbots, 
 priors, and from each county four knights, and from each city four, who, all be- 
 ing in the presence of William, archbishop of York, Roger Mortimer and Rob- 
 ert Burnell, who were present in place of the Lord Edward, King of Eng- 
 land, took the oath to Edward as prince of the land, and acknowledged the 
 obligation to maintain the peace of the realm, firmly and faithfully, * * 
 
 at which Lord Walter de Merton was made Chancellor * * * and it -was 
 provided that there should be no Itinerant Justices until the arrival of the 
 Prince, except upon the Bench. 
 
 9. 1275. Patent Roll, July 24, 1276 (Select Charters, 430): Since in our 
 first general parliament after our coronation * * * in the third 
 year of our reign, of our own free will and by the advice of our councillors, and 
 by the consent of the commonalty of our kingdom there assembled 
 
 * * we decreed. 
 
 10. 1278. Statute of Gloucester, Preamble (Select Charters, 431) : The 
 king for the amelioration of his kingdom " * called the more dis- 
 creet of his realm, as well the greater as the lesser, and it was established, 
 and harmoniously agreed upon * * 
 
11. 12S2. Parliamentary Writ: The king to the sheriff of Norfolk and 
 Suffolk greeting. * * * You will cause to come to ns * * 
 
 * also four knights from each of the said counties, having full power in 
 behalf of the commonalty of the said counties; and from each city-, borough 
 and market town, two men, also having power in behalf of their commonalties 
 to hear and to act about these matters, which on oxir part we shall cause to 
 be shown to them. 
 
 12. 1283. Parliamentary Writ to the City of London (Select Charters, 
 4-67-8): And because we wish to have a conference with our faithful subjects 
 about what ought to be done with David (King of Wales) * * * we 
 command that you cause to be elected two citizens of the wiser and more com- 
 petent of the said citjr, and send them to us, so that they shall be with us at 
 Shrewsbury on September thirtieth to confer with us about this and other 
 matters. Witness, the King, at Kothelan, on the twenty-eighth day of June. 
 
 In the aforesaid form it was commanded to each and every sheriff of Eng- 
 land that in each county they cause two knights to be elected, of the more dis- 
 creet and able of that county, to come to the king in behalf of the commonalty 
 of the said county, so that thej' shall be present with the king on the thirtieth 
 day of September, at Shrewsbury, to confer with the king about these and 
 other matters. 
 
 13. 1285. Statutes of the Realm, I., 104 (Select Charters, 434-): The 
 prelates, regular clergy and other ecclesiastical persons, and also the earls, 
 barons and other secular or lay persons, petitioned the lord king in his 
 Parliament at Westminster * * * that the lord king should confirm 
 by his power the charters granted by his ancestors, the kings of England, or 
 by others, to their predecessors or ancestors and confirm them by his favor; 
 whence the lord king having considered this matter with his council, granted 
 the confirmation of the charters. 
 
 14. 1290. Parliamentary Writ (Select Charters, 477-9): The King to 
 the sheriff of Northumbria greeting: Since * :f * we wish to have 
 a conference and meeting, we order you to have elected, without delay, from 
 the said county two or three knights of the more discreet and capable, and 
 cause them to come to us at Westminster :: " * with full power for them- 
 selves and for the whole commonalty of the said county, to consult and consent 
 for themselves and for that commonalty in those matters which the said earls, 
 barons, and nobles, shall have brought forward at that time to be agreed 
 upon. Witness, the King at Westminster, on the fourteenth day of June. 
 
 15. 1294. Parliamentary Writ (Select Charters, 4S1-2): The King to the 
 sheriff of Northumbria, greeting: Since we wish to have a conference and 
 meeting with the earls, barons and other magnates of our realm, on the day 
 following the feast of St. Martin, about certain arduous business touching us 
 and our realm, we require that you cause to be elected two knights from the 
 more discreet and more capable of the said county, and cause them to come 
 to us at Westminster, and that the\- be there on the day set, with full power 
 
for themselves and for the entire commonalty of the said county to consult and 
 assent, for themselves and for that commonalty, in those matters which the 
 earls, barons and principal men aforesaid amicably shall have decided in the 
 premises; and so that the business shall not remain unfinished for lack of 
 power of this kind. 
 
 The King to the sheriff of Xorthumbria, greeting: Since recently we re- 
 quired that you cause to come to us at Westminster, on the day next after the 
 feast of St. Martin, with full power for themselves and for the entire commonalty 
 of the said county, two knights of the more discreet and more capable of the 
 said county, elected by the consent of the said countv r ,to consult and assent for 
 themselves and for that commonalty in those matters, which the earls, barons 
 and principal men of our realm shall establish, we specially require that be- 
 sides those two knights you will cause to be elected two other knights, legal 
 and capable, and you will cause them to come with the said two knights to 
 Westminster, so that on the said day they shall be there, to hear and to do 
 what at that time and place we shall enjoin upon them more fully. * 
 
 Summary of Representation of the Commons, 1213-1294. 
 
 (Tableincludesonly cases where the number is definitely known). 
 Date. Place. Cofntiks. Boroughs. 
 
 1213. "St. Albans 
 
 1213. Oxford 4 
 
 1254. Westminster 2 
 
 1261. St. Albans 3 
 
 1264. Westminster 4 
 
 1265. " 2 2 
 
 1273. " 4 4 
 
 1275. " 2 
 
 1252. Northampton 4 2 
 
 York 4 2 
 
 1253. fShnwsbu.v 2 2 
 
 1290. Westminster 2 () 
 
 1294. " I 
 
 "Reeve and four men from royal demesne. ; Twenty-one towns. 
 
 c. The Model Parliament, 1295. 
 
 1) Composition; cf. Simon's Parliament, 1265. 
 Summons of Archbishop of Canterbury to Parliament, 1295 (Select Char- 
 ters, 484-5): — The king to the venerable father in Christ, Robert, by the same 
 grace Archbishop of Canterbury, primate of all England, greeting. As a most 
 just law, established by the careful providence of sacred princes, exhorts and 
 decrees that what affects all, should be approved by all, so also, very evidently 
 should common danger be met by means provided in common. You know suf- 
 ficiently well, and it is now, as we believe, known through all regions of the 
 world, how the King of France fraudulently and craftily deprived us of our 
 land of Gascom', by witholding it unjustly from us. Now, however, not satis- 
 fied with the aforesaid fraud and injustice, having gathered together for the 
 conquest of our kingdom a very great fleet, and a ver\- large force of warriors, 
 with which he has made a hostile attack on our kingdom and the inhabitants 
 
of the kingdom, he now proposes to stamp out the English language alto- 
 gether from the earth, if his power should be ecpial to the detestable task of the 
 proposed iniquity, which God forbid. Because, therefore, darts se.en beforehand 
 do less injury, and your interest especially, as that of other fellow citizens of 
 the same realm, is concerned in this affair, we command, you strictly enjoining 
 you in the fidelity and love in which you ai'e bound to us, that on the Lord's 
 day next after the feast of St. Martin, in the approaching winter, you be 
 present in person at Westminster; citing beforehand the dean and chapter of 
 3'our church, the archdeacons and all the clergy of your diocese, causing the 
 same dean and archdeacons in their own persons, and the s^id chapter by one 
 suitable proctor, and the said clergy by two, to be present along with you, 
 ha. ing full and sufficient power of themselves from the chapter and clergy, for 
 considering, ordaining and providing along with us and with the rest of the 
 prelates and principal men and other inhabitants of our kingdom how the dan- 
 gers and threatened evils of this kind are to be met. Witness, the king at 
 Wengham, the thirtieth day of September. 
 
 Like summons were sent to the Archbishop York, eighteen bishops, and, 
 with the omission of the last jjaragraph, to seventy abbots. 
 
 Summons of the Earl of Cornwall to Parliament, 1295, (Select Charters) : 
 485-6. — The King to his beloved and faithful kinsman, Edmund, Earl of Corn- 
 wall, greeting. Because we wish to have a conference and meeting with you 
 and with the rest of the principal men of our kingdom, to provide remedies for 
 the dangers which in these days threaten our whole kingdom; we command 
 you, strictly enjoining you by the fidelity and love in which you are bound to 
 us, that on the Lord's day next after the feast of St. Martin, in the approach- 
 ing winter, you be present in person at Westminster, for considering, ordain- 
 ing and doing with us, and w r ith the prelates, and the rest of the magnates and 
 other inhabitants of our kingdom, as may be necessary to meet dangersof this 
 kind. 
 
 Witness, the king at Canterbury, on the first day of October. 
 
 Like summons were sent to seven earls and forty-one barons. 
 
 Summons of Representatives of Shires and Towns to Parliament, 1295, 
 (Select Charters, 4S6): — The King to the sheriff of Northamptonshire. Since 
 we purpose to have a conference and meeting, with the earls, barons and other 
 principal men of our kingdom to provide remedies for the dangers which in 
 these days threaten the same kingdom ; and on that account, have com- 
 manded them to be with us, onthe Lord's Davuext after the feast of St. Martin, 
 in the approaching winter, at Westminster, to consider, ordain, and do, as may 
 be necessary for the avoidance of these dangers; we strictly require you to 
 cause two knights from the aforesaid county, two citizens from each city in 
 the same county, and two burgesses from each boroxigh, of the more discreet 
 and capable, to be elected without delay, and to cause them to come to vis, at 
 the aforesaid time and place. 
 
 Moreover, the said knights are to have full and sufficient power, for them- 
 
selves and for the coinmonaltv of" the aforesaid county, and the said citizens and 
 burgesses for themselves and for the commonalty of the aforesaid cities and bor- 
 oughs separately, then and there to do what shall be ordained by the common 
 advice in the premises; so that the aforesaid business shall not remain unfin- 
 ished in any way for defect of this power. And you shall have there the names 
 of the knights, citizens and burgesses, and this writ. 
 
 Witness, the king at Canterbury, on the third day of October. 
 
 Like summons were sent to the sheriffs of each countv. 
 2) Powers and procedure. 
 d. The Confirmatio Chartarum, 1297. 
 
 1) Occasion. 
 
 2) Cf. Magna Charta. 
 
 CONFIRMATIO CHARTARUM 
 
 (Select Charters, 487-97). 
 
 I. Edward, by the grace of God, King of England, Lord ot Ireland, and 
 Duke of Guyaii, to all those that these present letters shall hear or see, greeting. 
 Know ye ,that we, to the honour of God and of Holy Church, and to the profit 
 of our realm, have granted for us and our heirs, that the Charter of Liberties 
 and the Charter of the Forest, which were made by common assent of all the 
 realm, in the time of King Henry our father, shall be kept in every point with- 
 out breach. And we will that the same charters shall be sent under our seal 
 as well to our justices of the forest as to others, and to all sherifFs of shires, and 
 to all our other officers, and to all our cities throughout the realm, together 
 with our writs in the which it shall be contained, that they cause the aforesaid 
 charters to be published, and to declai-e to the people that we have confirmed 
 them in all points, and that our justices, sheriffs, mayors, and other ministers 
 which under us have the laws of our land to guide, shall allow the said charters 
 in pleas before them, and in judgments in all their points; that is, to-wit, the 
 Great Charter as the common law, and the Charter of the Forest according to 
 the Assize of the Forest, for the wealth of our realm. 
 
 II. And we will that if any judgment be given from henceforth, contrary 
 to the points of the charters aforesaid, by the justices or by any other our 
 ministers that hold plea before them against the points of the charters, it shall 
 be undone and holden for nought. 
 
 III. And we will that the same charters shall be sent under our seal to 
 cathedral churches throughout our realm, there to remain, and shall be read be- 
 fore the people two times by the \ r ear. 
 
 IV. And that all archbishops and bishops shall pronounce the sentence of 
 great excommunication against all those that by word, deed, or counsel, do 
 contrary to the aforesaid charters, or that in any point break or undo them. 
 And that the said curses be twice a year denounced and published by the pre- 
 lates aforesaid. And if the same prelates or any of them be remiss in the 
 denunciation of the said sentences, the Archbishops of Canterbury and York 
 
for the time being, as is fitting, shall compel and distrein them to make that 
 denunciation in form aforesaid. 
 
 V. And for so much as divers people of our realm are in fear that the aids 
 and tasks which they have given to us beforetime, towards our wars and other 
 business, of their own grant and goodwill, howsoever they were made, might 
 turn to a bondage to them and their heirs, because they might be at another 
 time found in the rolls, and so likewise the prises taken throughout the realm 
 by our ministers : we have granted for us and our heirs, that we shall not 
 draw such aids, tasks, nor prises into a custom for anything that hath been 
 done heretofore or that may be found b\ r roll or in any other manner. 
 
 VI. Moreover we have granted for us and our heirs, as well to arch- 
 bishops, bishops, abbots, priors, and other folk of holy church, as also to eails, 
 barons, and to all the commonalty of the land, that for no business from hence- 
 forth will *ve take such manner of aids, tasks, nor prises, but by the common 
 assent of the realm, and for the common profit thereof, saving the ancient aids 
 and prises due and accustomed. 
 
 VII. And for so much as the more part of the commonalty of the realm, 
 find themselves sore grieved with the maletote of wools, that is, to wit, a toll 
 of forty shillings for every sack of wool, and have made petition to us to release 
 the same ; we, at their requests, have clearly released it, and have granted for 
 us and our heirs that we shall not take such thing nor any other without their 
 common assent and goodwill ; saving to us and our heirs the custom of wools, 
 skins, and leather granted before by the commonalty aforesaid. In witness of 
 which things we have caused these our letters to be made patents. Witness, 
 Edward our son, at London, the 10th day of October, the five and twentieth 
 year of our reign. 
 
 And be it remembered that this same charter in the same terms, word for 
 word, was sealed in Flanders undertheking'sgreatseal,thatistosay,atGhent, 
 the 5th day of November, in the 25th year of the reign of our aforesaid lord the 
 king, and sent into England. — (Statutes of the Realm, i. 124, 125). 
 
 2. Legislation and jiidicial changes, 
 a. Statutes and enactments. 
 
 Statute of Merton, 1236 — Laws of England not to be changed. 
 
 Provisions of Oxford, 1258 — Church reformed; royal officers to report; chan- 
 cellor not to seal by sole will of the king; three parliaments annually. 
 
 Provisions of Westminster, 1259 — Regulated feudal dues; anticipates Mort- 
 main ; omits death by misadventure from cases for Itinerant 
 Justices. 
 
 Dictum of Kenilworth, 1266 — King's liberty of power; right of appoint- 
 pointment; Provisions of Oxford repealed; act of resumption; 
 amnesty. 
 
 Statute of Marlborough, 1267 — Provisions of Westminster in statute form. 
 
 Statute of Westminster I., 1275 — Regulated feudal incidents and judicial 
 matters, checking abuses; felonious clergy in King's courts. 
 
 Statute of Gloucester, 1278— Forty-shilling debts; De quo warranto. 
 
Statute of Mortmain, 1279 — De viris religiosis; against appropriation of 
 
 lands or holdings so that the}- come into mortmain. 
 Statute of Wales, 12S4- — Settled the administration of that country. 
 Statute of Westminster II., 1285 — De donis conditionalibus ; entails; circuit 
 
 of assizes, two or three times a year. 
 Statute of Winchester, 1285 — Assize of arms; hue and cry; watch and 
 
 ward ; highways cleared ; arms to be kept. 
 Statute of CircumspecteAgatis,12S5 — Ecclesiastical courts to be regulated ; 
 
 only penances, tithes, mortuaries, perjury, and spiritual offenses. 
 Statute of Westminster, III., 1290 — Quia Emptores; checked subinfeudation 
 
 and allowed alienation. 
 Confirmatio Chartarum, 1297 — Great Charter and Charter of the Forest 
 
 re-published ; Aids and Prises not a precedent ; no more to be taken 
 
 without common consent, except the ancient aids and due prises ; 
 
 Maletote on wool discontinued. 
 Articuli super cartas, 1300 — Chancers' and King's Bench to follow the 
 
 king ; Exchequer and Common Pleas at Westminster. 
 Statute of Carlisle, 1307 — Forbids payment of tallage on monastic 
 
 property and other imposts, to send to Rome. 
 
 b. Final division of the Curia Regis. 
 
 c. Development of the chancellor's jurisdiction. 
 
 VII. DEVELOPMENT OF PARLIAMENTARY' POWERS, 1307-1461. 
 
 A. Bibliography. 
 1. Original. 
 
 a. Edward II., Edward III. and Richard II. 
 Adam of Usk : Chronicle. 
 
 Chaucer: Poems. 
 
 Domesday Book of St. Paul's: Edited by Hale. 
 
 Fascicurli Zizaniorum : (Wiclif). 
 
 Fortescue : The Governance of England. 
 
 Froissard: Chronicles. 
 
 Hutton: Edward III. and his Wars. 
 
 Jehan le Bel : Chroniques. 
 
 Knyghton: Chronicle. 
 
 Langland: Complaint of Piers the Ploughman. 
 
 Deposition of Richard II. 
 Merimuth : Chronicle. 
 
 Political Songs from Edward III.: Edited by Wright. 
 Ralph Higden: Polychronicum. 
 
 Robert of Avesbury: Historia de miraculisgestis Edwardi Tertii. 
 Thomas of Walsingham : Historia Anglicana. 
 
 b. The Fifteenth Century. 
 
 AXNALES Hf.NRICI OuAKTI. 
 
Arrival of Edward IV.: Edited I>y Bruce. 
 
 Hall's Chronicle. 
 
 John Capgrave: Chronicle of England. 
 
 Letters and Papers of Richard III.: Edited by Gairdner. 
 
 Monstrelet: Chronicle. 
 
 More: Life of Edward V. 
 
 Paston Letters. 
 
 Polydore Vergil: Historia Anglica. 
 
 Robert Fabyan : Chronicle. 
 
 Titus Livii's: Gesta Henrici Ouinti. 
 
 Secondary. 
 
 Ashley: English Economic History, Vol. I„ Rook I., Chap. I. 
 Creasy: History of England, Vol. II., esp. Chaps. III.-V. and X. 
 
 English Constitution, Chap. XIV. 
 Creighton: History of the Papacy, Vol. I., pp. 101-115. 
 Cunningham: Growth of English Industry and Commerce. Vol. I., 
 
 Book III., Chap, n., Sec. 92; Chap. III., Sec. 102. Book IV., 
 
 Chap. I., and Chap. II., Sec. 118. 
 Cunningham and Mc Arthur: Outlines of English Economic History, 
 
 .Period III. 
 Feilden: Constitutional History of England, pp. 19-23, 36-4-2, 57-64, 
 
 95-97, 99-101, 103-104-, 106-107, 110-111, 113-117,131-133, 
 
 134-137, 150-151, 165-169, 281-285. 
 Freeman: Essays, Series I., Reign of Edward III. 
 
 Series IV. Nobility^; The House of Lords. 
 
 Growth of the English Constitution, pp. 96-101. 
 Fortescue: Governance of England, Introduction, pp. 1-37. 
 Gairdner: Houses of Lancaster and York, Chaps. IV., V. and VII. 
 Gibbin : Industrial History of England, Chap. V. 
 
 Gneist: Constitutional History of England, Vol. II., Chaps. XV., 
 XVI. and XIX. 
 
 The English Parliament. 
 Green: History of the English People, Vol. I., Book IV. 
 Hallam: Middle Ages, Chap. VIII., Part III. 
 Hunt: English Church in the Middle Ages, pp. 1S2-21S. 
 Jusserand: Literaiy History of the English People, Book III., Chaps. 
 
 T.-V. 
 Lingard: History of England, Vols. III., and IV., Chap. I. 
 Milman: Latin Christianity, Book XII., Chaps. VI., VII. 
 Perry: English Church History, Vol. I., Chaps. XX. -XXII. 
 Pike: History of Crime in England, Vol. I., pp. 309-353. 
 Poole: Wicliffe and Movements for Reform, esp. Chaps. III. -VIII. 
 Ramsey : Lancaster and York. 
 
 Ranke: History of England, Vol. I., Book I., Chap. V. 
 Reeves: History of the English Law, Vol. III., Chap. XXIV. 
 
-to 
 
 Rogers: Work and Wages, Chaps. VII. -IX. and XIII. 
 
 Rowley : Rise of the People, Books III., IV. and V., Chaps. I. and II. 
 
 Stubbs: Constitutional History of England, Vol. II., Chaps. XVI. and 
 
 XVII., esp. Sees. 245-251, 258-259, 262-277, 286-298; Vol. 
 
 III., Chaps. XVIII.-XX., esp. Sees. 355-373, 423, 426-430, 
 
 433,435-441,451-453. 
 Early Plantagenets, Chap. XII. 
 Taswell-Langmead : Constitutional History of England, Chap. IX. 
 Taylor: Origin and Growth of the English Constitution, Book III., 
 
 Chap. I., Sees. 914; Chap. II., Sees. 1-4, 6-7. 
 Tkaill: Social England, Vol. II., Chaps. VI. and VII. 
 Trench: Mediaeval Church History. Lecture XXI. 
 War burton : Edward III. 
 Narrative. 
 
 1. Edward II., 1307-1327. 
 
 a. The favorites. 
 
 b. Loss of Scotland ; Banuockbuni. 
 
 c. The Ordinances and Ordainers. 
 
 d. Deposition. 
 
 2. Edward III., 1327-1377. 
 
 a. Foreign wars; beginning of the Hundred Years War. 
 
 1) Edward's claim. 
 
 2) Battles; Crecy, Calais, Poitiers. 
 
 3) Treaty of Bretigny, 1360. 
 
 4) Later course of the war ; loss of almost all territory. 
 
 5) Result of the war. 
 
 3. Richard II., 1377-1399. 
 
 a. Minority. 
 
 b. Constitutional rule. 
 
 c. Attempt at personal rule; deposition. 
 
 4. Henry IV., 1399-1413. 
 
 a. Revolts. 
 
 b. Settlement of the succession. 
 
 5. Henry V., 1413-1422. 
 
 a. Conquest of France. 
 
 1) Henry's claim. 
 
 2) Condition of France. 
 
 3) Agiucourt. 
 
 4) Treaty of Tro3-es, 1420; term?. 
 
 6. Henry VI., 1422-1461. 
 
 a. Minority. 
 
 1) Quarrels in the Council. 
 
 2) Loss of France. 
 
 b. Character of the king. 
 
 c. Administrative failure; Cade's rebellion. 
 
d. The succession ; War of the Roses. 
 
 1) Claims of the two houses, 
 
 2) Events of the war ; York, Warwick-. 
 
 3) Deposition of Henry. 
 
 4) Results. 
 
 Constitutional Development. 
 1. Parliament. 
 
 a. Evolution of the two houses. 
 
 1) Divisions; a national council and an assembly of estates. 
 
 a) The tlrree estates; Clergy, Lords and Commons; sub-divi- 
 
 sions. 
 
 b) Summons; personal, general. 
 
 2) Steps in the evolution. 
 
 a) Withdrawal of the lower clergy. 
 
 b) Refusal of barons and clergy to admit knights. 
 
 c) Change in the system of taxation. 
 
 d) Occasional union of knights and burgesses in petition, 
 
 e) Permanent union and organization. 
 
 3) Advantages of two houses. 
 
 a) To England, 
 
 b) In general. 
 1). Powers; development, extent and division between the two houses. 
 
 1) Taxation. 
 
 a) Participation in taxation. 
 
 1) Immemorial right of national assembly. 
 
 (2) Magna Charta, 1215; extraordinary feudal dues. 
 
 (3) Confirmatio, 1297; all taxes but those reserved by 
 salvo, i. e., tallage and imposts. 
 
 (4) Tallage; assent required 1333-40. 
 
 (5) Imposts ; assent required 1 353. 
 (G) Summary. 
 
 b) Control by Commons. 
 
 (1) Model Parliament, assent only. 
 
 (2) 1408 exclusive right recognized. 
 
 c) Appropriation for specific purpose. 
 
 (1) Assertions and practice to 1390. 
 
 (2) Later practice. 
 
 (3) Finally secured Appropriation Act, 166G. 
 
 2) Legislation. 
 
 a) Participation in legislation. 
 
 (1) Immemorial right ; consent of Witan always requtied. 
 
 (2) Form of assent always maintained. 
 
 b) Share of Commons in legislation. 
 
 (1) Model Parliament, petition only. 
 
 (2) Development from petition to bill ; steps and causes. 
 
 ) 
 
c) Extent and division of legislative power. 
 
 (1) Statutes; by Parliament, both houses equal. 
 
 (2) Ordinances; by King and Council. 
 3) Administration. 
 
 a) Right to select king's advisers, early assertions. 
 
 b) Auditing of accounts ; demands and practice. 
 
 c) Impeachment. 
 
 (1) Latimer and Neville, 1376. 
 
 (2) De la Pole, 1378. 
 
 (3) Form; indictment by Commons, trial by Lords. 
 1) Election and deposition of king. 
 
 a) Early theory and practice. 
 
 b) Deposition of Edward II. 
 
 c) Deposition of Richard II.; part of Commons. 
 
 d) Settlement of the succession under Lancastrians. 
 ".) Privileges; nature and ex Lent. 
 
 a) Lords. 
 
 I)) Commons. 
 
 The royal prerogative. 
 
 a. Definition; all powers of government not exercised by Parliament 
 
 or the courts. 
 
 b. Extent; shown by analysis of the powers of government. 
 
 1) Fiscal; Parliament exclusive ; Commons sole origin. 
 
 2) Legislative; Parliament and King co-ordinate. 
 
 a) Parliament, statutes, permanent; both houses equal. 
 1)) King and Council, ordinances, temporary. 
 
 3) Administrative; control asserted by Parliament, but not fully 
 
 recognized in any department. 
 
 4) judicial; divided into three parts. 
 
 a) Curia Regis; division, powers of each. 
 
 (1) King's Bench; appeals and important crimes. 
 
 (2) Common Pleas; suits between individuals. 
 
 (3) Exchequer; royal revenue. 
 
 b) Parliament. 
 
 (1) Lords; trial of peers, impeachment and final appeal. 
 
 (2) Commons; indictment in impeachment. 
 
 c) Privy Council. 
 
 (1) Chancery ; equity. 
 
 (2) King and Council; ill denned power. 
 
 General view of the constitution. 
 
 a. Fortescue's account. 
 
 b. Hallarn's five checks on the royal power. 
 
 c. Taylor's live substantive rights of Parliament. 
 
 d. Equilibrium and tendency. 
 
I). Ecclesiastical Affairs. 
 
 1. Contest with Rome. 
 
 a. Statutes of Pro visors. 
 
 b. Statutes of Praemunire, 
 e. Statute of Mortmain. 
 
 2. The Lollards. 
 
 a. Wiclif; theologj' and proposed church reforms. 
 1). Methods of work and achievements. 
 
 c. Statute de Heretico Comburendo. 
 
 E. Social and Economic Conditions. 
 
 1. Villanage. 
 
 a. The Manor; social arrangements. 
 
 b. Agricultural laborers. 
 
 2. The Black Death. 
 
 3. Statutes of Laborers. 
 
 4. Peasants' Revolt of 1381 ; cause, demands and result. 
 
 F. Collateral Topics. 
 
 1. Language and literature; Chancer, Langland and Wiclil 
 
 2. Sir John Fortescue and his works. 
 
 VIII. THE GREAT REACTION; YORKIST ABSOLUTISM, 110! lis.",. 
 
 A. Bibliography. 
 
 1. Original: see IT/., 1. 
 
 2. Secondary. 
 
 Feilden : Constitutional History of England, pp. 23-24, 101. 
 Portescue: Governance of England, Introduction, pp. 35-40. 
 Freeman: Growth of the English Constitution, pp. 101-3. 
 Gairdner: Houses of Lancaster and York, Chaps. VIII.-XI. 
 Gneist: Constitutional History of England, Vol. II., Chaps. XVII. and 
 
 XIX. 
 Green: History of the English People, Vol. II., Book V., Chap. I. 
 Green: Town Life in the Fifteenth Century. 
 Lingard: History of England, Vol. IV., Chaps. II. -IV. 
 Perry: English Church History. Vol. I., Chap. XXHP 
 Ramsey : Lancaster and York. 
 
 Ranke: History of England, Vol. I., Book II., Chap. I. 
 Reeves: History of the English Law, Vol. III., Chap. XXVI. 
 Rowley: Rise of the People, Book V., Chaps. III. and IV. 
 Stubbs: Constitutional History of England, Vol. IIP, Chaps. XVIII.- 
 
 XXP, esp. sections 454-401, 404-407, 477-480, 500. 
 Taylor: Origin and Growth of the English Constitution, Book 111., 
 
 Chap. TP, sections 8-10. 
 
 1 
 
B. Narrative. 
 
 1. Edward IV. 1461-1483. 
 
 a. Temporaiy overthrow; Warwick. 
 
 b. Final success; Harriet and Tewksbury. 
 
 2. Edward V. 1483. 
 
 3. Richard III. 1483-1485. 
 a. Seizure of the crown. 
 
 1). Battle of Bosworth ; Richmond victorious. 
 
 C. Constitutional Reaction. 
 
 1. Causes. 
 
 a. Failure of system of government by estates to withstand the shod 
 of civil wars; due to the weakening of each estate. 
 
 1 ) Baronage. 
 
 a) Decay of the feudal system. 
 
 b) Loss of military power. 
 
 c) Depletion by War of the Roses. 
 
 2) Clergy. 
 
 a) Threatened confiscation of church property. 
 
 b) Lollard attacks. 
 
 c) Alienation of popular esteem. 
 
 3) Commons. 
 
 a) Lack of leaders. 
 
 b) Restriction of the franchise. 
 
 (1) Counties ; the disfranchising statutes. 
 
 (2) Boroughs: close corporations, royal influence. 
 1). Yorkist independence of Parliament ; due to 
 
 1) Hereditary title. 
 
 2) No foreign wars. 
 
 3) Wealth from confiscations. 
 
 2. Result. 
 
 a. Parliament. 
 
 1) Meetings, infrequent. 
 
 2) Powers, unused. 
 
 b. The Crown. 
 
APPENDIX 
 
 PRINCIPAL ENGLISH CHRONICLERS IN THE ORDER OF THE REIGNS 
 
 Florence of Worcester — William I. 
 
 BADMER — William II. 
 
 William of Malmesbury — Henry I.,) 
 
 Gesta Stephani, [Stephen. 
 
 Henry of Huntingdon, ) 
 
 William of Newbury, ) 
 
 Benedict ok Peterborough, ) Henry II. and Richard 1. 
 
 Roger of Hoveden, J 
 
 Walter of Coventry, \, , ) 
 
 Roger of Wendover, to 1235,/ J menry III. 
 
 Matthew Paris, to 1259, ) 
 
 William Rishanger, to 1266, j 
 
 Nicholas Trivet, J 
 
 ANNALES MONASTICI ) JKdwaid! 
 
 Matthew of Westminster, j lid war. 1 II. 
 Walter of Hemminburgh, j J 
 
 Edward III 
 
 John of Trokoloe, 
 Robert of Avesburv, 
 Ralph Hidgen, 
 Henry Knighton — Richard II.) 
 Thomas W alsingh a m , ) 
 John Capgravr, 
 
 Sir Thomas More, j Fifteenth Century. 
 Robert Fabyn, 
 Polydore Vergil, j 
 
"University press of fllMnncsota, Minneapolis 
 
 b 
 
i 
 
FAVORABLY RECEIVED 
 
 The pamphlet entitled "Outlines and Documents of En] 
 lish Constitutional History,'' edited last fall by Dr. W 
 Mr. F. M. Anderson, for their classes, has called out much 
 favorable comment. Below we give two or three extracts from 
 letters and notices in regard to the work. 
 
 From Hubert Hall, of the Public Record office, Lon Ion, 
 author of "Antiquities of the Exchequer,, and editor of the 
 "Red BooU of the Exchequer," we quote the following: "1 
 think the Syllabus rpiite first rate. 1 wish we had such high 
 aims in the old country." 
 
 Prof. Ashley, of Harvard, the well known author of "Eco- 
 nomic History," says: "It will certainly be of help to my 
 brother— (an Oxford undergraduate.) 1 hope the young men 
 appreciate the advantages they enjoy." 
 
 The American Historical Review says of it: "The Syllabus 
 is one which may with profit be used in other universities." 
 
 Comment is hardly necessary when we have such commen- 
 dations before us 
 
 d^'\lvw~^L Oj>.^/u 
 
LIBRARY OF CONGRESS