A Student's Manual of English Constitutional History ... Second edition

Preface

TO THE FIRST EDITION 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 Constitutional History are few, and experience suggests that those which exist deal with the subject on unsatisfactory 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 lookto 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 VI

PREFACE.

to pick up the threads of its development while the 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 since many of the accepted theories have already been profoundly altered, I have contented myself merely with stating as fairly

PREFACE.

VII as is consistent with the necessary brevity of a text 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 side notes 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, wfho 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

PREFACE.

discriminative criticism to which he subjected every page. Finally, I cannot conclude without a reference to Mr. A. L. Smith, M.A., 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.

PREFACE.

TO THE SECOND EDITION SINCE the original publication of this book important new readings have been given on more than one fundamental point with which it dealt. Professor Maitland's previous work had laid all future historians of our early Constitution under a deep obligation ; but even so, students were scarcely prepared for the lavish suggestiveness of The History of English Law and of Domesday Book and Beyond. One of the chief aims of my compilation was to place within the reach of the young student the results of the most recent work. Consequently, whole sections have been re-written, and the views expressed on many points have been largely modified The generous criticism of friends, known and unknown, both in the press and in private communications, has been most valuable as a means of removing ambiguities and correcting actual mistakes.

But I have been careful to keep the original plan, both in the general headings of the chapters and in the particular subjects of each section ; so that possessors of the first edition can easily test for themselves the changes made. These will be found chiefly in Chapters I, II, III, and VII, and, in a minor degree, in Chapter VIII. In the other chapters,

PREFACE.

X apart from a few additions, I have contented myself with an attempt to remove all possible obscurities of word or phrase. It cannot be pretended that these changes have lightened the subject-matter; but the demand for a second edition would seem to show that the book is found to serve a purpose. I have also ventured to add, with apologies to any legal readers, a few cases illustrative of important constitutional points, with which there was no opportunity of dealing fully in the text. The great length to which the book had already run forbade a more numerous selection. My indebtedness to Professor Maitland's published ■works will be apparent on almost every page. The Warden of All Souls most kindly supervised the section dealing with the judicial functions of the House of Lords, and to him the little note (p. 170) on the two modern courts of final appeal owes any clearness of statement which it may possess.

Both the late Reader in English Law and the present Reader, quite unasked, sent me lists of suggestions for which I cannot be too grateful. Mr. C. G. Robertson, M.A., Fellow of All Souls, suggested a number of alterations with the object of making the book more useful to younger students. Some of these I have tried to carry out. To Mr. W. M. Harrison, M.A., B.C.L., Fellow of All Souls, I have with much profit submitted the contents of the Appendix. Finally, I would gratefully acknowledge the patient kindness of Mr. C. R. L. Fletcher, M.A., Fellow of Magdalen College, in reading through the proofs of the first half of this new edition, a thankless task which Mr. F. Morgan, M.A., again performed for me over the latter portion of the book. Oxford, January, 1898.

Introduction

. PAGE § 1. Characteristics of the English Constitution .... i Difference between Flexible and Rigid Constitutions . . 2 Bases of the English Constitution in Law and Custom . . 3 2. Theories of the origin of the English Constitution ... 4 (1) Theory of absolute Teutonic predominance . . 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 — The ' Mark System ' . . 11 (2) The Romano-Celtic theory— The ' Villa ' . . . 12 Conclusions .......... 13

Chapter I

The Land and its Inhabitants. 5 3. The original settlements of the Anglo-Saxons . . 15 Species of Tenures — (1) Folkland ...... 17 The growth of a manorial system from above . . . 17 (2) Bookland . . . . . 17 (3) Lænland 19 The growth of a manorial system from below . . . 19 Social Ranks— Gesiths and Thegns TABLE OF CONTENTS PAGE The rise and development of Thegnhood . . . • 2 I Ceorls— The tunesman or villanus . . . 22 Slaves 24 § 4. The introduction of Feudalism ...-•• 24 Fendal tenures — (11 Military — by knight service . . ' . 25 by barony . . . . 27 (2) Serviential — by sergeanty ... 28 (3) Spiritual — by frankalmoin . . . 29 (4) Other free tenures — socage . . . 3° Illustrations of these tenures . . . . . • 31 (1) Growth of Primogeniture . . . . • ■ 31 (2) Divorce of Tenure and Personal Status 33 (3) The incidents of feudal tenure ..... 35 (i) (a) Relevium or Relief .... - 35 (b) Auxilium or Aid 37 (ii) (a) Custodia or Wardship .... 38 (b) Maritagium or Marriage . . . . 39 (iii) Forfeiture and Escheat .... 40 5.

The Manor — Meaning of the term . . . . . . 41 As an unit for various purposes ...... 42 Common cultivation in the Manor ..... 43 Manorial officials 44 The holdings of the villan tenants ..... 45 The legal theory of villenage ...... 45 Classes of villans ........ 46 Villan tenure ......... 47 The obligations of manorial tenants ..... 48 Commutation of these obligations 49 The test of free and unfree tenure ..... 49 The origin of copyhold tenure 50 Villan status ......... 50 The extinction of villenage . . . . . . . -52 6. The growth of a class of Yeoman Freeholders ... 53 Common lands and rights of common ..... 54 Enclosures .......... c7 Their effect on (1) the landlord and the farmer . . 58 The Corn Laws ........ 58 (2) the labourers 59 7. The Land Laws ........ 61 Methods of alienation— substitution and subinfeudation . 61 Early forms of alienation by gift 62 Restraints on alienation 63 New methods of alienation — (1) Application of Warranty . 64 (2) Recoveries ... 65 (3) Fines .... XIU PACE Uses 66 The abolition of feudal tennre 68 The Mortmain Laws 69 Modern Strict Settlements 70

Chapter II

The Executive. § 8. Gradual separation between Executive, Legislative, and Judicial powers .......... 72 9. The Crown — Its early elective title . . . . . 73 The growth and establishment of hereditary right 74 Appointment by Parliament .... 76 The modern title to the Crown .... 77 10. The Royal Prerogative — Its gradual formulation ... 77 Its definition under the Stuarts .... 78 The effect of the Revolution of 1688 upon it . 79 Its present position {vide also p. 315) . . 80 11. Regencies — In absence from the kingdom . . . 81 In vacancy of the throne ..... 82 During a minority . . . . . . 82 In the mental incapacity of the monarch . 83 12. Relations between Sovereign and Subject — Allegiance . . 85 The Law of Treason — its early history .... 85 Edward Ill's Law and its defects 86 Remedies — (1) The action of Parliament ... 87 (2) Temporary legislation . . . 87 (3) The interpretation of the Judges . . 88 (4) Statute law 90 The procedure in trials of treason 90 13.

The King's Council — Curia Regis (vide also p. 119) . . 91 Early Norman central organization ..... 91 Curia Regis ad Scaccarium 92 Curia Regis de Banco ....... 94 14. The King's Council under Henry III 95 Definition under Edward I 95 Its separation from Parliament under Edward III . . 96 Its effect upon the position of the Judges in the House of Lords 97 Attempts of Parliament to control it 98 Its position as an instrument of the King .... 98 „ „ as a check upon the King .... PAGE § 15. The Privy Council (vide also p. 447) 99 Under the Lancastrians — power under control ... 99 Under the Yorkists — revival of authority .... 99 Under the Tudors — extension of authority . . . .100 Its judicial activity — the Star Chamber ..... 101 Its relation to the Privy Council ...... 102 Its abolition 103 Its administrative work ........ 103 The origin of Secretaries of State ..... 104 16.

The Cabinet — Its origin under Charles II ... . 104 Temple's scheme . . . . . . . .105 Under William and Anne . . . . . . .106 Under the early Hanoverians ....... 107 Attempts of the king to keep a hold on it . . . . 107 The establishment of corporate responsibility . . .109 Reluctance to acknowledge a Prime Minister . . . 109 The relations of the Cabinet to (a) the Crown . . . no (b) the Commons . . . Ill 17. The modern departments of Government . . . .112 The Treasury . . . . . . . . .112 Nominal Committees of the Privy Council . . . . 113 The Secretariat (vide p. 104) . . . . . .114 Honorary offices which change with the Ministry . . 115 The Law Officers of the Crown ...... 115 The relations of the Cabinet and the permanent Civil Service 115

Chapter III

The Legislature. §18. The Witenagemot — Its origin 1 16 Its connexion with the folkmoot . . . . . .117 Its composition and powers . . . . . .117 19. The Curia of the Norman and Plantagenet kings . . . 119 Its composition . . . . . . . . .120 The Commune Concilium . . . . . . .121 The distinction between Majores and Minores Barones . 122 Its powers . . . . . . . . , .123 (1) counsel I2i, (2) legislation 124 (3) taxation 12g (4) justice „6 PAGE 5 20. The origin of Parliament — The provision of Magna Carta . 127 The withdrawal of the Minores Barones from the Commune Concilium . . . . . . . . .128 Their activity in local government . . . . .129 Union of the ideas of representation and election . . 129 Attempted reforms of the Majores Barones . . . . 130 The Provisions of Oxford . . . . . .132 Simon de Montfort's schemes of government . . 133 Edward I's experiments in constitutional government . . 135 Change of the three Estates into two Houses of Parliament . 137 21.

Transformation of the Commune Concilium into the House of Lords 138 The Qualifications of the lay members of the House of Lords 1 38 (1) Tenure by barony . . . . . . .139 (2) The receipt of a special summons ..... 141 (3) Letters Patent 143 Life Peerages ......... 144 The Spiritual Estate in Parliament 145 Qualifications of the Spiritual Lords 145 Reasons why the Spiritual Lords did not obtain privileges of peerage ......... 147 The position of the Spiritual Estate in Parliament since the Reformation . . . . . • • .148 Abstention of the lower clergy from Parliament . . . 148 Results of their abstention . . . . . .150 22. Growth of the idea of Peerage 150 The doctrine of ennobled blood 153 Its effect on the status of Spiritual Lords in Parliament . 155 The effect of the Unions of Scotland and Ireland on the House of Lords 156 Increase of the number of the House of Lords . . . 157 Alterations in the House of Lords — actual and suggested . 159 23.

The furisdiction of the House of Lords .... 161 (1) Original jurisdiction — Impeachment .... 162 Attainder 164 The power of impeachment secured .... 164 The decline of impeachment 166 Other original jurisdiction 166 (2) Appellate jurisdiction '67 The four Law Lords of Appeal 168 24. The Privileges of the House of Lords 168 Note on the Courts of Final Appeal 17° TABLE OF CONTENTS

Chapter IV

The House of Commons. — Its Form. PAGE §25. The Members of the House of Commons . . • ■ I7I Their number in the shires . . . ■ • ' 7 1 „ „ in the boroughs • I72 26. The amalgamation of the shire and borough members . " . 175 Qualifications of (1) 'belted knights' for the shires . . 176 „ „ (2) ' gentlemen born ' for the shires . . 177 The early weakness of the boroughs in Parliament . . 177 (3) Local residence — rotten boroughs . . 179 (4) Property . . . . : ■ .180 (5) Oaths and declarations . . . . 181 27. Disqualifications — (1) Mental 183 Resignation of a seat in the House of Commons — The Chiltern Hundreds 183 (2) Social — Aliens: Peers . . . 184 (3) Official — Lawyers : Judges : Sheriffs : Clergy . ..... 184 (4) Governmental . . . . .186 (5) Legal — bankruptcy : corrupt practices : treason 188 28.

The Electorate in the shires 189 (1) Before 1430 — the constituent members of the Shire Court 190 (2) Between 1430 and 1832 — the forty-shilling freeholders . 192 (3) Since 1832 193 29. The Electorate in the boroughs ...... 194 The theory of representation in Ancient Demesne . . 195 The burdensomeness of representation (vide also p. 202) . 196 Influences which narrowed the borough constituencies . . 196 Qualifications before 1832 ....... 197 „ ,, since 1832 201 30. Outside influences upon Parliament — (1) The Sheriff . . 201 Methods of escaping representation in the shires . . . 203 Influence of the Sheriff on shire elections .... 204 „ ,, borough elections . . . 206 Methods of escaping representation in the boroughs . . 206 81. (2) The Crown 208 Methods of the Plantagenets and Lancastrians . . . 209 „ the Tudors 211 „ the Stuarts — their failure to control Parliament . 214 „ the Hanoverians — Parliamentary corruption .

XVU PAGE § 32. Parliamentary Reform— (a) before 1790. The Schemes of Chatham, Wilkes, Richmond, and Pitt . . . 220 (b) 1790-1797 . . . .223 W 1797-1820 .... 223 (d) 1820-1832 . . . .223 (e) Since 1S32 .... 226 The representation of minorities — Three-cornered constituencies ; Proportional representation .... 228 .

Chapter V

The House of Commons in Action. § 33. The growth of the power of the House of Commons — (I) in taxation . . . . . . • -231 Direct attempts to obtain control over (1) direct taxation . 232 „ „ „ „ (2) indirect taxation . 234 The early settlement of the Customs . . . -234 Their increase under the Tudors and Stuarts . . • 235 The quarrel over Tunnage and Poundage . . .236 The Customs after the Restoration 23S Other forms of indirect taxation— Commissions of Array . 238 Distraint of Knighthood 239 Indirect methods of obtaining control over taxation . . 239 (1) Redress to precede supply ...••• 240 (2) Appropriation of supplies 241 (3) Audit of accounts 242 * 84. (II) In legislation 243 Treatment of the Commons' petitions by the Crown . . 244 The Commons' measures of defence ..... 245 Hindrance to the Commons from ( 1 ) the attitude of the Lords 246 (2) the organization of the clergy in Convocation . . 246 (3) the use by the Crown of (i) Ordinances . . . 247 Proclamations — Under the Tudors .... 249 Under the Stuarts .... 25° Their modem use . . • -251 (ii) The dispensing power . 251 (iii) The suspending power . 253 35.

(Ill) In general administrative control 254 (1) Foreign politics 255 (2) The action of the law courts 25^ b PAGE § 36. The Commons protect themselves against the Crown by (i) Fixing the meeting of Parliament . . . • 258 The Duration of Parliament 258 The Triennial and Septennial Acts . . • -259 37. (2) Asserting the Privileges of Parliament . . . • 260 26 1 Freedom from arrest Extensions of the privilege _ Exceptions to the privilege 2t>3 Means of enforcing the privilege 264 Freedom of speech . . • . • • • • 2 4 Its extension to (i) exclusion of strangers from debates . 267 ._ (ii) restrictions on publications of debates 269 The limits to the privilege . . . - - ■ ■ 27° 38. (1) Regulation of the Constitution of the House by . • 271 (i) Declaration of the incapacity to sit . . • 272 (ii) Expulsion for unworthy conduct . . . .272 (iii) Trying contested elections 273 (2) Exclusive cognizance of everything within the House . 274 Conflicts between the Commons and the Law Courts . 275 (3) Punishment for the violation of privileges . . • 277 39.

Relations of the Commons and the Lords .... 278 Their original attitude . . ... • • - 279 Change in their mutual attitude 279 The Commons monopolize taxation 279 The Lords deprived of (a) initiation .... 279 (b) amendment .... 280 (c) rejection .... 280 The Commons' share in legislation 281 Methods of overcoming the opposition of the Lords — (1) persuasion ........ 281 (2) coercion ........ 282 The Commons' interference in the judicial action of the Lords 283

Chapter VI

The Executive and Legislature in Conflict. § 40. Struggle of the Executive against the disruptive tendencies of (a) Provincial feeling — before the Norman Conquest . . 285 Position of the Anglo-Saxon king 286 under the Normans — William I's measures .... PAGE (*) The claims of the Church — William I's ecclesiastical policy 287 (c) Feudalism — Henry I and Henry II's anti-feudal policy . 289 Edward I's formation of a national legislature . . . 292 § 41. Relations between the Executive and the Legislature . . 293 Early predominance of the Executive 293 Triumph of the Legislature (1399-1437) .... 294 Causes of its ultimate failure ...... 295 42. Triumph of the Executive (1437-1 •"■.S8** . . . . . 297 The Executive under the Tudors ..... 299 The Legislature under the Tudors ..... 299 Transition from the Tudors to the Stuarts .... 301 43.

Struggle between the Executive and the Legislature (1603-1642) 302 Its character ......... 303 44. The constitutional lessons of the Commonwealth . . . 305 The settlement of the Restoration ..... 307 45. The constitutional results of the Great Rebellion (1660-168S) 308 The causes of the Revolution of 1688 309 (1) The insecurity of individual liberty .... 309 (2) The attack of the Crown on the Church . . . 310 46. Final Triumph of the Legislature secured by . . . .312 (1) The break in the succession . . . . . .312 (2) The settlement of the revenue . . . . 312 (3") The appointment of the Judges . . . . 313 (4) Cabinet government (vide also p. 104) .... 313 Results on the Royal Prerogative (vide also p. 80) . . .315

Chapter VII

The Administration of Justice. § 47. The English Common Law administered by . . . . 3l8 (A) National Courts— The Hundred 318 The usual theory of the early origin of the Hundred 319 Presumptive evidence for its early existence . . 320 Other local divisions — Lathes, wapentakes, &c. . 320 Other explanations of the origin of the Hundred . 321 The work of the Hundred Court 323 The Hundred as an unit of financial liabilities . . 326 The Shire— its origin 327 Ealdormen 328 48. Changes produced by the Norman Conquest .... 330 (1) Disappearance of the Ealdorman 33° Counties Palatine 33° b XX PAGE (2) Supremacy of the Sheriff 332 Extent of his jurisdiction 333 Meetings of the Shire Court 334 The Sheriff's Tourn 335 Its procedure .....•■ 33" (3) Direct intervention of the Crown by ... . 33<> (a) The monopoly of criminal justice — Pleas of the Crown ........ 33^ (b) The evocation of causes to the Curia Regis . 337 (c) Arbitrary amercement 338 § 49.

(B) Private jurisdictions 338 The origin of seignorial jurisdiction — ' sake and soke ' . 338 The effect of the Norman Conquest on their development 341 Distinction between Manorial Court Leet and Court Baron 342 Distinction between Court Baron and Court Customary 343 50. The supersession of the local courts by the King's Courts . 344 Classification of crimes in mediaeval law .... 345 Early methods of judicial procedure 346 51. Changes in the judicial procedure made by the Normans . 349 (1) The introduction of Trial by Battle (Duellum) . . 349 (2) An extension of the use of writs 351 (3) Trial by Jury — Its origin 352 Its development ..... 353 The meaning of ' seisin ' . . . 354 Proprietary and Possessory Assizes . 355 The ' Exceptio ' . . . . -357 The jury as witnesses .... 358 The Jury of presentment — The ' Grand Jury "... 359 The beginning of the Petty Jury 360 The survival of old methods of procedure ..... 362 52.

The Itinerant Justices — Their origin 363 Beginning of the system under Henry I 363 Formulation of the system under Henry II . . . . 364 Their commissions separated and consolidated . . . 366 53. The three Courts of Common Law ..... 367 The Court of Common Pleas 368 The Court of Exchequer 369 The Court of King's Bench 3^0 The Court of Exchequer Chamber 370 54. The Forest Courts ,»I The Forest Law ,-2 55. The results of the concentration of Justice in the King's Courts 373 (1) The decay of the local courts 373 The constituent members of the local courts . . m PAGE The decline of the Sheriffs authority . . . . 375 The decline of the competence of the local courts . 377 (2) The Common Law becomes a written law . . . 377 §56. (3) The rise of the jurisdiction of Chancery . . . 378 The early history of the Chancellor .... 378 Chancery becomes a separate court .... 379 Chancery gets separate jurisdiction .... 380 Its contest with the Common Law Courts . . . 3S1 The change to its modern form .... 382

Chapter VIII

Police and Local Administration. § 57. The early system of Police— Frith : Grith : Mund . . 384 (1) Oath for maintenance of the peace .... 385 (2) System of suretyship and registration .... 385 Responsibility of the kin ...... 385 Responsibility of the lord 387 Responsibility of a group ...... 387 (3) Frankpledge— the Tithing 387 (4) Murdrum ......... 390 (5) Regulations about vagrants (vide also pp. 405-407) . 391 (6) Watch and Ward, and Hue and Cry .... 391 58. Justices of the Peace — their origin and early history . . 392 They gradually supersede the Shire Courts .... 393 Their method of appointment and their qualifications . . 394 The ' quorum ' 396 The powers of a single Justice ...... 397 The work of Petty Sessions ...... 398 The duties of Quarter Sessions 399 The effect of the County Council on the duties of Justices . 399 County Courts for civil purposes 400 Local Courts of Record 400 Control over the Justices 400 19.

The Vill or Township 4°i Its duties and liabilities 4°2 Their apportionment among the inhabitants . . . 403 The Vestry 4°3 The Poor Law 4°4 (1) Before 1601 4°4 Mediaeval poverty 4°4 Its gradual increase 4°5 Early legislative attempts to check it (1388-1536) 406 The consolidation of the early Poor Law (1536-1601) PAGE (2) The administration of the Poor Law (1601-1834) . 409 m (a) The laws of settlement 4°9 (b) Increased power of the Justice . . . 4IQ (<r) The Workhouse Test 4" (d) Law of Bastardy . . . . • .412 Results of the modifications in the principles of 1601 413 § 60. The Modern Poor Law since 1834 4X4 Its development . . . . . . • -4*5 New areas of local administration — the Parish Council . 417 61. Boroughs .......... 418 The Anglo-Saxon burh ....... 418 (a) Military 419 (b) Commercial ........ 420 (c) Jurisdictional ........ 420 Establishment of the distinction between a borough and a vill 422 The effect of the Norman Conquest on the towns . . . 423 Their efforts for self-government ...... 423 (1) Under the Norman Kings ...... 423 (2) Under the early Plantagenet Kings .... 424 The beginning of the corporate idea ..... 426 The Municipality and the Merchant Gild . . . 428 62.

The Craft Gilds 429 The growth of an oligarchy in the towns . . . . 43 1 Boroughs made into Shires ....... 433 The modern Corporation ....... 433 The judicial constitution of boroughs 433