A Student's Manual of English Constitutional History

Preface

An author needs to justify the appearance of so ambitious and yet so imperfect a work as I fear this will be found. A twofold reason has prompted its compilation. In the first place, text-books on Con stitutional History are few, and experience suggests that those which exist deal with the subject on unsatis factory lines. The development of an institution is subordinated to the details of a general narrative. No doubt the natural interest in the play of individual character will always place so-called political history in the van of historical pursuits. But if the study of history is, as it promises, to become a great educational medium, it is to the history of institutions rather than of dynasties or of individual men that we must look to provide the fittest mental training. As a preliminary it is necessary to trace the evolution and growth of each institution or set of institutions separately and apart from the accidental events of contemporaneous political history.

Otherwise the institution is lost sight of in a mass of unimportant personal detail; it is difficult to pick up the threads of its development while the VI

PREFACE.

. attention of the student is at every turn called off to irrelevant matter, and the mind altogether fails to comprehend the great impersonal movement by which an institution shows itself to be something greater than the greatest man who has helped to mould and to work it. In fact our urgent need is a scholarly Dictionary of English Institutions apart from a more general Dic tionary of English History. Until we obtain this it may not be amiss to attempt in a series of sketches to exhibit the separate growth of each great department of our Constitution. My second object has been to bring together some of the fresh work done within the last few years in this department of study, which as yet exists for the most part in scattered publications. The history of our Constitution was, for a long time, left to antiquarians and lawyers.

But the rise of a class of scientific his torical students has given an impetus to this branch of study also. The great work of Dr. Stubbs, no less than the contributions of Hallam and Sir T. Erskine May, will probably always be our starting point ; but in the light of additional knowledge it seems that many of their conclusions require modification if not restate ment. The masterly studies of Professor F. W. Mait land in the social and political institutions of mediaeval England, and the illuminating treatises of Professor Dicey and Sir W. Anson on their present development, together with the work of many writers not professedly historians of our Constitution, seem to render it important to review the whole ground afresh. Perhaps the attempt is as yet premature. But many of the accepted theories have already been profoundly altered, I have contented myself merely with stating as fairly as is consistent with the necessary brevity of a text-

PREFACE.

. VII book, both the commonly received views and their recent modifications, without attempting, except very indirectly, to decide upon their respective merits. But I cannot pretend to have used, much less to have incorporated, more than a small portion of the mass of recent work. For various reasons the preparation of this book has been far more hurried than could have been wished. At the same time it has grown to so great a bulk that I have been forced to omit the illustrative cases in Constitutional Law and extracts from documents, which in many points would have elucidated an otherwise obscure text. These it may some day be advisable to add in a supplementary volume. I hardly like to think how much, indeed how entirely, I am indebted to the work and the personal kindness of others. The former will be gathered from the sidenotes on almost every page.

Among those by whose personal assistance I have profited, I may perhaps be allowed to mention Mr. F. J. Haverfield, M.A., Student of Christ Church, who has given me indispensable help on the much debated question of our early debt to Rome ; the Rev. A. H. Johnson, M.A., Tutor of Merton College, who supervised the section on the Land Laws ; Mr. C. Raymond Beazley, M.A., Fellow of Merton College, and Mr. C. H. Firth, M.A., of Balliol College. who read over a large portion of the proof-sheets and whose corrections have saved me from more than one mistake. But above all I am grateful to my friend and former pupil, Mr. Frank Morgan, B.A., of Keble ♦College, who read the whole of the book both in manuscript and in proof, took a large share in the compilation of the index, and was unflagging in the discriminative criticism to which he subjected every

PREFACE.

. page. Finally, I cannot conclude without a reference to Mr. A. L. Smith, Fellow of Balliol College, who will find numerous traces of those lectures on early English Constitutional History which have stimulated so many generations of students in the Oxford Modern History School. D. J. Medley. Oxford, June, 1894.

Introduction

. PAGE § 1. Characteristics of the English Constitution .... i Difference between Flexible and Rigid Constitutions . . i Bases of the English Constitution in Law and Custom . . 3 2. Theories of the origin of the English Constitution . . 4 (1) Theory of absolute Teutonic predominance . . 5 (2) Theory of Roman and Celtic survivals ... 7 Qualifications of the pure Teutonic theory .... 9 Difference between former and present points of contention . 10 Interpretation of the early land system in : (1) The Teutonic theory . . . . . . 11 (2) The Romano-Celtic theory . . . . . 12 Conclusions ......... 13

Chapter I

The Land and its Inhabitants. 5 3. The Anglo-Saxon system of land tenure. Its ordinary interpretation ......... 15 Recent modifications : (1) Bocland 15 (2) Folkland or family land 16 Liabilities of tenures . . . . . . . • 17 Social classes — Thegns 17 Rise and development of thegnhood . . . . . 17 Ceorls and Unfree X PAGE § 4. Introduction of Feudalism 19 Its immediate effects on the English land system . ■ 21 (1) Simplification of tenures 22 (2) Introduction of primogeniture 22 Its ultimate effect— divorce of tenure and status . . . 23 Incidents of feudal tenure 23 (1) Obligations — Military Service 23 Payment of Reliefs and Aids . . 24 (2) Right of Wardship 25 „ „ Marriage .....-• 26 (3) Ultimate possession by Forfeiture or Escheat . . 27 Summary of liabilities 27 5. The Manor — The lord's demesne 2S The Free Tenants — Socage tenure 29 The Unfree Tenants— Villans 31 Legal theory of villenage . . . - • • - 31 Classes of villans ......... 33 Villan tenure and its liabilities 35 Origin of Copyhold ........ 35 Villan status 36 Extinction of villenage ........ 37 Leasehold tenure . . . . . ■ ' • • • 39 6.

Growth of class of Yeoman Freeholders .... 40 Common lands and rights of common . . . . . 41 Enclosures .......... 43 Their effects on (1) Landlord and Farmer .... 44 The Com Laws ......... 45 (2) Labourers ...... 46 7. The Land Laws ......... 46 Estates in Fee Simple Absolute ...... 47 ,, „ Fee Simple Conditional ..... 48 ,, ,, Fee Tail ........ 49 Methods of breaking the entail : (1) Application of Warranty ...... 50 (2) Recoveries ........ 50 (.3) *™es 51 Uses ........... 52 Abolition of Feudal tenure ....... 54 The Mortmain Laws ........ 54 Modern Strict Settlements .......

Chapter II

The Administrative. PAGE § S. Gradual separation between Administrative, Legislative, and Judicial powers ........ 58 H. The Crown — Its early elective title ..... 59 Growth and establishment of hereditary right . 60 Appointment by Parliament .... 62 Modem title to the Crown .... 63 10. The Royal Prerogative — Its gradual formulation ... 64 Its definition under the Stuarts .... 65 Effect of the Revolution of 1688 upon it . . 66 Its present position (vide also p. 292) . . 66 11. Regencies — In absence 67 In vacancy ........ 68 During a minority ...... 68 In mental incapacity of monarch .... 69 12. Relations between Sovereign and Subject— Allegiance . . 71 The Law of Treason — its early history . . . . 72 Edward Ill's Law and its defects 73 Remedies — (1) Action of Parliament ... . . 73 (2) Temporary legislation .... 73 (3) Interpretation of Judges ... . 75 (4) Statute law 76 Procedure in trials of treason . . . . . . 77 13.

The King's Council — Curia Regis (vide also p. 107) . . 78 Early Norman central organization . . . . . 9 78 For finance ......... 79 For justice 79 Harmonizing and defining work of Henry II ... 80 Result — Court of King's Bench (vide also p. 330) . . So Court of Exchequer (vide also p. 331) . . 81 14. The King's Council — Concilium Ordinaritan ... 82 Origin under Henry III and definition under Edward I . 82 Attempts of Parliament to control it ..... 83 Its position as an instrument of the King . . ■ . 83 „ ,, as a check upon the King .... 83 15. The King's Council — Privy Council wide also p. 398) . . 84 Under Lancastrians — power under control .... 84 Under Yorkists — revival of authority ..... 84 Under Tudors — extension of authority .... 85 Its judicial activity — Star Chamber ..... 86 Its procedure PAGE Its administrative work . . . • ■ • , • *5° Origin of Secretaries of State SS § 16.

Cabinet— Origin under Charles II 89 Temple's scheme ........ 9° Under William and Anne . . • • • ■ • 91 Under early Hanoverians 92 Attempts of king to keep a hold on it .... 92 Establishment of corporate responsibility .... 93 Reluctance to acknowledge a Prime Minister ... 94 Relations of Cabinet to (a) the Crown 95 (b) the Commons 95 17. Modern departments of Government 96 Treasury .......... 97 Nominal Committees of Privy Council .... 97 Secretariat (vide p. 88) ....... 99 Honorary offices which change with Ministry . . .100 Law Officers of Crown ....... 100 Relations of Cabinet and permanent Civil Service . . 100

Chapter III

The Legislature. § 18. The JVifenagemot— Its connexion with the folkmoot . . 101 Its composition and powers before Norman Conquest . 103 Its composition after Norman Conquest .... 104 Distinction between Majores and Minores Barones . . 105 t The Curia Regis of the Norman Kings (vide also p. 78) . . 107 19. The Commune Concilium ....... 108 Its composition ......... 109 Its powers ... ..... . . 110 20. Origin at Parliament — The provision of Magna Carta . . 112 Withdrawal of Minores Barones from Commune Concilium 1 14 Their activity in local government . . . . .115 Union of ideas of representation and election . . .116 Attempted reforms of Majores Barones ... 11- Simon de Montfort's schemes of government . . . nn Edward I's experiments in constitutional government • . 121 Change of three Estates into two Houses of Parliament . 123 21.

Transformation of Commune Concilium into House of Lords . 124 Qualifications of lay members of House of Lords . . .126 (1) Tenure by barony I2g (2) Receipt of special summons .... 128 (3) Letters Patent j PAGE Life Peerages . . . . . . . . . .131 Growth of idea of Peerage ....... 132 Difference between English and Foreign nobility . . . 134 The Spiritual Estate in Parliament (vide also p. 513) . . 135 Bishops (vide also pp. 502 and 533) ..... 135 Abstention of the Lower Clergy from Parliament . . 136 § 22. Change in application of term Peers 138 Its denial to Bishops ........ 139 ,, „ to Judges ........ 140 23. Jurisdiction of the House of Lords ..... 142 Impeachment ......... 142 Cases of First Instance . . . . ■ . .143 As a Court of Appeal ....... 144 24. Privileges of the House of Lords 145

Chapter IV

The House of Commons. — Its Form. § 25. The Members of the House of Commons .... 147 Their number in shires ....... 147 „ „ in boroughs . . . . . . .148 26. Amalgamation of shire and borough members . . . 151 Qualifications of (1) ' belted knights ' for shires . . . 152 ,, „ (2) ' gentlemen bom ' for shires . . . 152 Early weakness of the boroughs in Parliament . . .153 (3) Local residence — rotten boroughs . . 155 (4) Property 157 (5) Oaths and declarations . . . . 157 27. Disqualifications — (1) Mental 158 Resignation of a seat in the House of Common — The Chiltem Hundreds ....... 159 (2) Social — Aliens; Peers . . . 159 (3) Official — Lawyers : Judges : Sheriffs : Clergy ...... 160 (4) Governmental . . . . .162 (5) Legal — bankruptcy: corrupt practices : treason 163 28. Electorate in the shires . . . . . . . .165 (1) Before 1430 — constituent members of Shire Court . 165 (2) Between 1433 and 1S32 — forty-shilling freeholders . 169 (3) Since 1832 TABLE OF CONTENTS.

PAGE § 29. Electorate in the boroughs 1 7° Theory of representation in Ancient Demesne . . • J71 Burdensomeness of representation 'vide also p. 179) . • J72 Influences which narrowed the borough constituencies . • 1 73 Qualifications before 1832 ] 74 „ ., since 1832 • '77 30. Outside influences upon Parliament — (1) The Sheriff ■ 178 Methods of escaping representation in the shires . . • 180 Influence of Sheriff on shire elections 181 ,, „ borough elections . . • ] §3 Methods of escaping representation in the boroughs . . 183 31. '2) The Crown ......... J°5 Methods of Plantagenets and Lancastrians .... 186 Tudors 188 „ Stuarts — failure to control Parliament . . 191 ,, Hanoverians — Parliamentary corruption . . 192 32. Parliamentary Reform — (a) before 1790. Schemes of Chatham, Wilkes, Richmond, and Pitt . . . 197 (b) 1790-1797 .... 199 (c) 1797-1820 .... 200 (d) 1820-1832 .... 200 0) Since 1832 203 Representation of minorities — Three-cornered constituencies ; Proportional representation ..... 205

Chapter V

The House of Commons in Action. § 33. Growth of the power of the House of Commons — (I) in taxation 208 Direct attempt to obtain control over (1) direct taxation . 209 ,, „ ,, „ (2) indirect taxation . 211 Early settlement of Customs . . . . . .211 Struggle over the Customs under the Stuarts . . . 212 Other forms of indirect taxation — Commissions of Array and Distraint of Knighthood ..... 214 Indirect methods of obtaining control over taxation . . 215 (1) Redress to precede supply 216 (2) Appropriation of supplies . . . . . .217 (3) Audit of accounts ....... 218 84. (II) In legislation 219 Treatment of Commons' petitions by the Crown . . PAGE she Commons measures of defence ..... 221 Hindrance to the Commons from (l) Attitude of the Lords 222 (2) Organization of the clergy in Convocation . . 223 (3) Use by the Crown of (i) Ordinances .... 223 Proclamations — Under the Tudors .... 225 Under the Stuarts .... 226 Their modern use . . . .227 (ii) The dispensing power . 228 (iii) The suspending power . 229 5 35.

(Ill) In general administrative control ..... 230 (1) Foreign politics ........ 232 [ 2) Action of the law courts 233 36. The Commons protect themselves against the Crown by (1) Fixing the meeting of Parliament .... 234 Duration of Parliament — Triennial and Septennial Acts ......... 235 37. (2) Asserting Privileges of Parliament ..... 237 Freedom from arrest . . . . . . . .238 Exceptions to privilege ..... 240 Means of enforcing privilege .... 240 Freedom of speech ........ 241 Extension to (i) exclusion of strangers from debates 243 „ „ (ii) restrictions on publications of debates . . . . .244 Limits to privilege ...... 245 38. Regulation of Constitution of the House by . . . . 246 (t) Declaration of incapacity to sit ..... 247 (2) Expulsion for unworthy conduct ..... 247 (3) Trying contested elections ...... 248 Exclusive cognizance of everything within the House . . 250 Conflicts between Commons and Law Courts . . . 251 39.

Relations of Commons and Lords ...... 253 Commons monopolize taxation ...... 254 ,, obtain a share in legislation .... 256 „ interfere in judicial action of Lords . . .258

Chapter VI

The Administrative and Legislature in Conflict. § 40. Struggle of Administrative against disruptive tendencies of (a) Provincial feeling — before Norman Conquest . . 261 Position of the Anglo-Saxon king 262 under Normans — William I's measures PAGE (b) Claims of the Church— William I's ecclesiastical policy 263 (c) Feudalism— Henry I and Henry II's anti-feudal policy . 265 Edward I's formation of a national legislature . . 208 § 41. Relations between Administrative and Legislature . . .270 Early predominance of Administrative • . • .270 Triumph of Legislature ( 1 399-1437) ..... 271 Causes of its ultimate failure ...... 272 42. Triumph of Administrative (1437-1588) 274 Administrative under Tudors . . . . ■ .276 Legislature under Tudors 276 Transition from Tudors to Stuarts ..... 278 43. Struggle between Administrative and Legislature (1603-1642) 279 Its character ......... 280 44.

Constitutional lessons of the Commonwealth . . . 282 Settlement of the Restoration ...... 284 45. Constitutional results of the Great Rebellion (1660-1688, . 285 Causes of Revolution of 1688 286 (1) Insecurity of individual liberty ..... 286 (2) Attack of the Crown on the Church .... 287 46. Final Triumph of the Legislature secured by ". (1) Break in succession ....... 289 (2) Settlement of revenue ....... 290 (3) Appointment of Judges . . . . '. . 290 (4) Cabinet government (vide also p. 93) .... 290 Results on the Royal Prerogative (vide also p. 66) . . . 292

Chapter VII

The Administration of Justice. § 47. The English Common Law administered by : (a) National Courts — The Hundred 296 Origin of the Hundred 2o7 ,, „ Shire . 3OI Ealdormen ........ 303 48. Changes produced by the Norman Conquest .... 304 (1) Disappearance of Ealdorman and Bishop — Counties Palatine ........ o0. (2) Supremacy of the Sheriff j06 (3) Increased importance of Shire Court. Decay of Hundred 308 The Sheriff's Tourn ,0g ■V PAGE (4) Increased interference of the Crown .... 309 Pleas of the Crown ...... 309 Appeals to the Crown 310 Exaction of Fines ....... 310 §49. (S) Private Jurisdictions 310 Sithessocna before the Norman Conquest . . .311 Manorial and Feudal Jurisdictions after the Norman Conquest . . . . . . . 313 Distinction between Court Leet and Court Baron . 314 „ „ Court Baron and Court Customary 315 50.

Judicial Procedure 316 Under Anglo-Saxons 317 51. Changes by the Normans : (1) Introduction of Trial by Battle 318 (2) Extension of use of Writs 319 (3) Trial by Jury — Its origin 321 Its uses 322 Its concentration and development . 324 Survival of old methods of procedure . 326 52. The Itinerant Justices . . . . . . . .327 Their origin . . . . . . . . .327 The system under Henry I 327 „ ,, under Henry II ...... 327 Their commissions separate and consolidated . . . 328 53. The Three Courts of Common Law ..... 330 Origin of King's Bench and Common Pleas . . . 330 Exchequer becomes a Court of Common Law . . . 331 54. The Forest Courts 332 Forest Law ......... 333 55. Results of concentration of justice in King's Courts . . 334 (a) Decay of the local courts ...... 335 Decline of Sheriff's authority ..... 336 Decline of competence of local courts . . . 338 (b) The Common Law becomes a written law . . . 339 56.

(c) Rise of jurisdiction of Chancery ..... 340 Early History of Chancellor 340 It becomes a separate court ..... 340 It gets separate jurisdiction ..... 341 Its contest with the Common Law Courts . . 342 Change to its modern form 343 b

Chapter VIII

Police and Local Administration. PAGE § 57. Early system of Police— Frith : Grith : Mund . . -345 (i) Oath for maintenance of the peace .... 34° (2) System of suretyship and registration .... 34*> (3) Frankpledge 347 (4) Murdrum 349 (5) Regulations about vagrants (vide also pp. 362-4'' . . 35° (6) Watch and Ward, and Hue and Cry .... 350 58. Justices of the Peace — their origin and early history . . 351 They gradually supersede the Shire Courts . . . 352 Their method of appointment and qualifications . . 354 The quorum ...... . • 355 Powers of a single Justice ....... 356 Work of Petty Sessions 357 Duties of Quarter Sessions 358 Effect of County Council on duties of Justices . . . 358 County Courts for civil purposes 359 Local Courts of Record 359 Control over Justices ........ 360 59. Township .......... 360 Its development into Parish and connection with Manor . 360 Its place in local government 361 The Poor Law : (1) Before 1601 361 Mediaeval poverty . . . . . .362 Its gradual increase ...... 363 Early legislative attempts to check it (1388-1536) 364 Consolidation of the early Poor Law (1 536-1 601) . 364 (2) Administration of the Poor Law (1601-1834) . . 366 The laws of settlement . . . . .367 Increased power of the Justice .... 368 The Workhouse Test ...... 369 Law of Bastardy . . . . . . .370 Results of modifications in principles of 1 60 1 . 370 60.

The Modern Poor Law since 1834 371 The development . . . . . . . -372 New areas of local administration ..... 374 61. Boroughs .......... 374 Origin of their self-government — Anglo-Saxon burh . . 375 Effects of the Norman Conquest ..... PAGE Charters granted by Norman Kings . . . . -377 Charters granted by early Plantagenet Kings . . . 378 The Merchant Gild 379 Continued power of Sheriff in the towns .... 379 Grant of the Communa ....... 380 § 62. The Craft Gilds 380 Growth of an oligarchy in the towns ..... 382 Boroughs made into Shires ...... 384 The modern Corporation ....... 384 constitution of Boroughs 384

Chapter IX

Liberty of the Subject. § 63. Personal liberty in England and elsewhere .... 385 Its security in England ........ 386 History of Writ of Habeas Corpus 386 Its evasions ' per speciale mandatum regis ' 387 Case of Darnell (1627) 388 Habeas Corpus Act (1679) 390 Gradual remedy of its defects 391 Its constitutional importance . . . . . 391 Its suspension ......... 392 64. Methods of violating the liberty of the subject . . . 393 (a) General warrants ....... 393 Case of Wilkes (1763) 394 (b) Imprisonment of debtors ...... 395 (c) Negro slavery 395 (d) Restrictions on foreign settlers (vide also p. 474) . . 396 65. Methods of repressing expression of freedom of opinion . . 397 (a) Control of Star Chamber (vide also p. 86) . . . 398 (b) Spies and informers 398 (c) Opening private letters 399 (d) Censorship of the press ...... 399 (e) Stamp duties 401 (/) Law of libel 4°i Its developments in the eighteenth century . . 402 66.

(g) Dependence of the Judges on tbe Crown . . . 403 Their natural tendency to uphold authority . . 405 Their treatment by the Stuarts .... 406 Sir Edward Coke 4°7 The Judges since the Revolution .... 409 (h) Liabilities of the Jury 410 b2 XX TABLE OF CONTENTS. PAGE § 67. The Army 41 "* (i) The Anglo-Saxon Comitatus and the Feudal Levy . 412 Unit of military service — the knight's fee . . • 4'3 Disadvantages of Feudal Levy .... 414 Question of liability to foreign service . . . 414 Attempts to modify the Feudal Levy : (a) Oath of Salisbury 415 (b) Scutage 415 (c) Quota 416 (d) Amalgamation with Fyrd .... 416 (e) Distraint of Knighthood . . . .417 68. The National Militia — Anglo-Saxon Fyrd .... 41S Changes at Norman Conquest . . . . .419 Reorganization by Henry II — Assize of Arms (11 81) 419 Commissions of Array ...... 420 The modem Militia . . . . . .421 The modern Volunteer force and Yeomanry . . 423 69.

Mercenaries — Employment of foreign mercenaries . . . 424 The modern standing army ...... 425 Mutiny Act (1689)— Army Act (1881) . . . .426 Martial Law 426 Legal position of soldiers ...... 428 Methods of raising army (1) Impressment .... 429 (2) Voluntary enlistment . . 430 Government of army ........ 430 70. The Navy 431 Methods of manning it (1) Obligations of Cinque Ports . 433 (2) Impressment of merchant ships 434 Formation of naval reserve . 43c (3) Voluntary enlistment . . 436 Government of navy . . . . . . . .437 71. Popular methods of influencing the executive .... 437 (1) Petitions to Crown or Parliament .... 438 (2) Public meetings ........ ..n (3) Political associations .0

Chapter X

Revenue and Taxation. §72. Early distinction between revenue and taxation . . . a*-. Demand ' that the king should live of his own ' . . . ..5 (1) Hereditary revenues of the Crown The Crown Lands or Royal demesne ..... 445 Their relation to ordinary expenditure .... 445 Attempts to check their lavish grant 447 § 73. (2) Fees and Fines from royal prerogative .... 448 Profits of justice — Fyrdwite — Oferhyrnes .... 448 Purveyance 440 Feudal dues 440 Substitutes for feudal dues (a) Excise on beer . . .452 (b) Post Office . . . .452 74. The modern Civil List — its gradual growth .... 453 75. Early forms of taxation — Shipgeld 455 Danegeld and Auxilium burgi 455 Changes under Henry II — Class Taxation .... 456 Scutage .......... 457 Donum, Auxilium, Carucage ...... 459 Tallage -459 76. National Taxation . . . . . . . .461 Temporary — Poll Tax 461 Hearth Money . . . . . . . .462 Permanent — Direct . . . . . . , .462 Tax on Moveables ........ 463 Tenth and Fifteenth ....... 464 Subsidy .......... 465 Monthly Assessment 466 Land Tax . . . . . . . .467 Income Tax ......... 468 77.

Indirect — Customs duties ....... 470 Parliamentary control of them . . . . . .472 Tunnage and Poundage ....... 473 Position of foreign merchants in England — Hansa . . . 474 Merchants of the Staple ....... 476 Regulated Companies 476 78. Later history of Customs duties ...... 477 Mercantile system . . . . . . . .478 Establishment of Free Trade ...... 480 79. Excise — Its origin ......... 481 Extension of term to imported articles .... 482 „ „ licences 483 Stamp duties 4S4 Summary of revenue and taxation ...... 485 80. Loans 486 The Jews in England — Usury ...... 486 Foreign merchants ........ 488 Regulation of interest for loans ..... 490 Origin of banking in England — The Goldsmiths . . 49 TABLE OF CONTENTS. PAGE Bank of England . 491 National Debt ......... 492 Methods of raising it ...... . 493 Attempts to reduce it ...... . 496 § 81.

System of national expenditure ...... 498 Collection of revenue and taxation ..... 49S History of system of control of expenditure . . 499 Present system of control 500

Chapter XI

The Church. § 82. Church as a Corporation ....... 502 Classes of Churchmen ....... 502 (1) Bishops— growth of episcopate (vide also p. 135) . 502 (2) Secular clergy — early parochial organization . . 504 „ ,, impropriation of tithe . . . 505 Chantry priests ........ 505 (3) Regular Clergy — (a) Monks 506 Before the Norman Conquest ..... 506 After the Norman Conquest 507 Introduction of new Monastic Orders . . . 508 (6) Friars 509 83. Government of Church before the Reformation . . . 510 Ecclesiastical Councils ....... 510 Early provincial and diocesan synods . . . .511 Growth of Convocation . . . . . . . ci2 Differences between Clergy in Convocation and in Parliament 513 84. Ecclesiastical Courts ....... era Under Anglo-Saxons . . . . . . ■,, After Norman Conquest ....... 514 Ecclesiastical Law . . . . . . . . .516 Extent of Ecclesiastical Jurisdiction 517 Punishment of heresy . ...... =18 85.

Connexion of Church and State before Reformation . . 510 Royal Supremacy ....... -10 Appointment of Bishops -20 Benefit of Clergy .2I Clerical self-taxation . .523 Ecclesiastics in lay office c2I. PAGE §86. Interference of Papacy in . . . . . . -5*7 (a) Appointment of bishops . . . . . .527 (b) Encouragement of appeals ...... 528 (c) System of provisions and reservations . . . -53° (d) Appointment of legates . . . . . -531 (e) Exactions of money ....... 532 87. Effect of Reformation on Church as a Corporation . . 533 Bishops (vide also p. 135) ....... 533 Lower clergy .... ..... 534 Suppression of monasteries ....... 536 88. Convocation after Reformation ...... 537 Its action in Reformation ....... 538 Its position towards Crown ...... 539 89. Ecclesiastical Courts after Reformation ..... 540 Court of High Commission ...... 542 Reduction of power of ecclesiastical courts .... 544 90.