the reforms begun in 1827. To have printed the full text of the statutes which since 1832 have virtually given the British race a new constitution was impossible by reason of their bulk and their number, but I have endeavoured to meet the friendly representations made by epitomising, as far as possible in the language of the documents themselves, some of these great formative statutes, in the hope that though the selection is both somewhat incomplete and novel in form, it will prove of use to those who have worked with the help of this volume on the period from 1660-1832. Briefly, then, as regards the selection as a whole, my object may be stated thus. In so far as the student of constitutional history may reasonably demand: What was the law that created or defined this or that important power? Upon what statutory authority is this important right based? In what way was this or that right or power abolished, limited, extended? For what reasons and with what results were the judges called upon to decide this or that great constitutional issue? I have endeavoured to supply him with an answer. It only remains to thank all who have from time to time assisted me with advice and suggestions, many pupils unconsciously included. That I do not more specifically mention names is because when advice and suggestions have so often been gratefully received, carefully weighed, and then not acted on, I am anxious to relieve my friends of all responsibility. Furthermore, my best thanks are due to Miss Prior, who assisted me in the laborious task of copying no small portion of the material. ALL SOULS' COLLEGE, May, 1904. C. G. R. ABBREVIATIONS FOR AUTHORITIES CITED Abbey and Overton, E. C. C. J. Abbey and J. H. Overton. George III. The English History of England from the Accession of Anson, L. C. Sir W. R. Anson. Law and Custom of the Constitution. 2 vols. A. and S., S.D. G. B. Adams and H. M. Stephens. Select Documents of English Constitutional History. Broom, C.L. H. Broom. Constitutional Law. C.J. Journals of the House of Commons, 1547-1832. Cobbett, P.H. W. Cobbett. Parliamentary History of England. 48 vols. Dicey, L.C. A. V. Dicey. The Law of the Constitution. Forole, P.L. T. W. Fowle. The Poor Law (English Citizen Series). Gardiner, C.D. S. R. Gardiner. The Constitutional Documents of the Puritan Revolution. Gneist, E.C. H. R. Gneist. History of the English Constitution. Tr. P. Ashworth. Gneist, S.G. Self-Government in England. G. and H., S.S. H. Gee and W. J. Hardy. Documents Illustrative of English Church History. Hallam, C.H. The Constitutional History of England. 3 vols. Hansard, P.D. Parliamentary Debates, First, Second, and Third Series. Sir M. Hale. The Jurisdiction of the Lords' House of Hawkins, P.C. 2 vols. William Hawkins. A Treatise of the Pleas of the Crown. Hill Burton, H.S. J. H. Burton. History of Scotland. 8 vols. India. 2 vols. Ilbert, G.I. Sir C. P. Ilbert. The Government of India. Lecky, H.E. W. H. Lecky. A History of England in the Eighteenth Century. 7 vols. L.J. Journals of the House of Lords, 1547-1832. L.Q.R. Law Quarterly Review. L.R.Q.B.D. Law Reports, Queen's Bench Division. Macaulay, H.E. History of England. 2 vols. Macqueen, A.J.L. A Treatise on the Appellate Jurisdiction of the House of Lords and the Privy Council. Mahon, H.E. Mahon, Viscount. History of England from the Reign of Queen Anne. 7 vols. Makower, C.H.E. Felix Makower. Constitutional History of the Church of May, C.H.E. Sir T. E. May. Constitutional History of England. 3 vols. Pike, H.L. L. O. Pike. A Constitutional History of the House of Lords. Porritt, U.H.C. E. and A. E. Porritt. The Unreformed House of Commons. 2 vols. Prothero, C.D. Select Statutes and Constitutional Documents for the Reigns of Elizabeth and James I. Ed. G. W. Prothero. Ranke, H.E. History of England, principally in the Seventeenth Century, 6 vols. Eng. Translation. Redlich and Hirst, E. L.G. J. Redlich and F. W. Hirst. Local Government in England. 2 vols. Rogers, P.L. The Protests of the House of Lords. 3 vols. S.L. The Statutes at Large. Ed. D. Pickering. S.R. The Statutes of the Realm, 1101-1713. 9 vols. S.T. The State Trials. Ed. Howell. S. T.N.S. The State Trials (New Series). Ed. J. E. T. Rogers. Stephen, H.C.L. Sir J. F. Stephen. A History of the Criminal Law of England. 3 vols. Stubbs, C.H. The Constitutional History of England. 3 vols. Taswell-Langmead, E.C.H. English Constitutional History. 1 vol. Todd, P.G. Parliamentary Government in England. 2 vols. Ed. S. Walpole. Walpole, H.E. History of England from 1815. By Sir S. Walpole. 5 vols. Wyon, H.G.B. F. W. Wyon, History of Great Britain during the Reign of Anne. 2 vols. 1 STATUTES AND DOCUMENTS I THE ABOLITION OF FEUDAL TENURES 12 Charles II. Cap. 24, 1660.1 An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof. Whereas it hath been found by former experience, That the courts of wards and liveries and tenures by knights-service, either of the king or others, or by knights-service in capite, or socage in capite of the King, and the consequents upon the same, have been much more burthensome... to the kingdom, than they have been beneficial to the King: And whereas since the intermission of the said Courts. . .2 many persons have by will and otherwise made disposal of their lands held by knights-service, whereupon divers questions might possibly arise, unless some seasonable remedy be taken to prevent the same; Be it therefore enacted . . . That the court of wards and liveries, and all wardships, liveries, primer seisins and ousterlemains, values and forfeitures of marriages, by reason of any tenure of the King's Majesty, or of any other by knights-service, and all mean rates, and all other gifts, grants, changes incident or arising, for or by reason of wardships, liveries, primer seisins or ousterlemains, be taken away and discharged, . . . from the said twenty-fourth day of February one thousand six hundred forty-five; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding; And that 1 Repealed in part Stat. Law Revis. Act, 1863. 2 Since 1645. B all fines for alienations, seizures and pardons for alienations, tenure by homage, and all charges incident or arising, for or by reason of wardship, livery, primer seisin or ousterlemain, or tenure by knights-service, escuage, and also aid pur fille marier, and pur fair fitz chivalier, all other charges incident thereunto, be likewise taken away and discharged, from the said twenty-fourth day of February one thousand six hundred forty and five; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding: And that all tenures by knights-service of the King, or of any other person, and by knightsservice in capite, and by socage in capite of the King, and the fruits and consequents thereof, happened . . . thereupon or thereby, be taken away and discharged; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding; and that all tenures of any honours, manors, lands, tenements or hereditaments, or any estate of any inheritance at the common law, held either of the King, or of any other person or persons, bodies politic or corporate, are hereby enacted to be turned into free and common socage, to all intents and purposes, from the said twenty-fourth day of February one thousand six hundred forty-five, and shall be so deemed to be from the said day of February one thousand six hundred forty-five, and forever thereafter, turned into free and common socage; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding; II. And that the same shall for ever hereafter stand and be discharged of all tenure by homage, escuage, voyages royal and charges for the same, wardships incident to tenure by knights-service, and values and forfeitures of marriage, and all other charges incident to tenure by knights-service, and of and from aide pur fille marier, and aide pur fair fitz chivalier; any law, statute, usage or custom to the contrary in any wise notwithstanding: And that all conveyances and devices of any manors, lands, tenements and hereditaments made since the said twenty-fourth day of February, shall be expounded to be of such effect, as if the said manors, lands, tenements and hereditaments had been then held and continued to be holden in free and common socage only; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding. III. And be it further ordained. . . That one act1. . . intituled, An act for the establishment of the court of the King's wards; and also one act 2. . . concerning the officers of the court of wards and liveries, and every clause, article and matter in the said acts contained, shall from henceforth be . . . utterly void. |