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Composition for non-attendance; reorganization of the local courts. Assize of
Clarendon, 1166; presentment of criminals prior to the assize

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Royal hunting-grounds in the days of Cnut; forest regulations of the Norman
kings; Assize of Woodstock, 1184; a forest a special jurisdiction or franchise
outside of the common law

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Organization of the forest courts; courts of the Forest of Knaresborough.
9. Development of the Itinerant Judicature and the Origin of Juries
Typical English law court the product of the union of the curia and shire-moot:
Old-English judicature; influence of the local courts; but little interference from
the central authority

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Centralization of justice after the Conquest; the writ process
The king's courts sitting in the shires; judicial iter of 1096
Itinerant system became a permanent institution under Henry II.; its complete or-
ganization generally dated from 1176; arrangement of circuits; meaning of the
term Nisi Prius

Decline of the judicial powers of the sheriffs; 24th article of the Great Charter.
The courts of assize distinguished from the ancient county courts
A full representation of the county convened to meet the itinerant justices; the
county assembly now represented only by the grand and petty jurors; how the
change was brought about
Old-English legal procedure; private summons; the issue; the burden of proof;
four means of proof known to the customary law.

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Community witnesses after the Conquest. The inquisitio per testes derived by the
Normans from the Franks, who probably took it from the Theodosian code
An inquisition a royal inquiry executed in a local court through the oaths of wit-
nesses; difference between customary witnesses and those of the inquest;
Domesday the fruit of a vast royal inquest

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324

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Introduced by Henry II. under the name of assizes; nature of the Great Assize

A substitution for trial by battle in suits for freeholds; recognitors mere witnesses 330

In England only was the jury of proof transformed into the jury of judgment;
trial by jury gradually superseded all other methods of trial.

As the fittest it survived.

1. Growth of the Royal Authority after the Conquest .

Centralization of justice and finance

Origin and character of the struggle for the charters

2. Rise of the three Estates, — the Clergy, the Baronage, and the Com-
mons: estate system defined; clergy, baronage, and commons, and not king,
lords, and commons

King not an estate.

Estate of the clergy; effects of the Conquest on the national

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Continuity of the witan; a practical transformation wrought by the Conquest
The ancient assembly becomes the king's court of feudal vassals; practice of sum-
mons as defined by the Great Charter

Every peer supposed to hold a barony directly of the king; nature of the baro-
nial tenure

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99

commons as understood upon the Continent; as understood in Eng-

land; representatives of English shires and towns unite in the house of com-

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3. Pressure of the Royal Authority upon every Class in the Reign of
Richard I.: taxation under Henry II.; land taxes, - hidage and scutage, tax-
ation of personal property

Taxation under Richard I.; administrations of the justiciars

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The effort to raise £100,000 for Richard's ransom; Richard's second and last visit
to England
Visitation of the justices in 1194; popular rising under Fitz-Osbert; opposition of
the baronage to taxation in 1198 .

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4. From the Accession of John to the Loss of Normandy in 1204 • 363

The right of succession; coronation speech of Archbishop Hubert; Arthur's mur-

der in 1203.

Loss of Normandy and its political results; the new ministerial nobility
The baronage assume the leadership of the nation

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The excommunication, 1209; the deposition, 1212; defection of the baronage
John submits to Innocent, May, 1213; surrenders his kingdom and takes the oath
of fealty, and is delivered from his enemies

John's quarrel with the nobles; taxation of the baronage and military service
The barons refuse to serve abroad

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Richard and John claimed that the will of the prince was the law of the land; the
nation claimed that it was the laws of King Eadward as amended by King Wil-
liam; the effort to fix the limits of innovation

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General principles to govern the administration of justice; amercements; writ of
præcipe; writ of inquisition; criminal accusations

Intestates; collection of the king's debts; the forest code. Miscellaneous provi-

sions. Articles of a temporary nature

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Defeat of the French; treaty of Lambeth, September, 1217; second reissue of the

charter; Charter of the Forest; administration of Hubert de Burgh, 1219–1232 395

Third reissue of the charter in 1225; Henry completes his emancipation in 1227;
a resident continual council can be traced from Henry's minority
Ministerial responsibility, and the doctrine that the king can do no wrong, dates
from this time; Langton dies in July, 1228; Peter des Roches. Henry's personal
rule.

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The justiciar ceases to be viceroy and becomes simply the head of a law court;
foreign influences at work; conflict between the crown and papacy on one side
and the English church and nation on the other

Earliest authorized report of a parliamentary debate, 1242; the proposed reform of

1244; from 1244 to 1254; knights of the shire reappear in the parliament of

1254

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Provisions of Oxford, 1258; Provisions of Westminster, 1259
Knights of the shire in the parliament of 1261; award of St. Lewis; battle of
Lewes, May, 1264 .

Knights of the shire in the parliament of 1264; famous parliament of 1265, to

which representatives are for the first time summoned from the cities and towns. 403

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8. From the accession of Edward L. to the enactment of "Quia Emp-

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Judicial decisions become a source of law; records of adjudicated cases exist from
the time of Richard I.; the Year Books

9. Parliament as an Assembly of Estates

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10. Close of the Constitutional Struggle with the final Confirmation of
the Charters in the 25th of Edward I. .
Conquest of Scotland; the bull" Clericis laicos;" attack upon the clergy, January,
1297; quarrel with the baronage
Edward's extreme measures; resistance under the leadership of Bigod and Bohun;
confirmation of the charters promised

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Who resist the collection of the unauthorized taxes; close of the struggle; char-
ters confirmed at Ghent, November 5, 1297,· 66
- Confirmatio Cartarum"
Provisions of the new articles as to taxation; exclusive right of the nation to au-
thorize taxation finally admitted by the crown. Summary

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1. Place of the English Parliament in the History of Institutions: repre-
sentative government a Teutonic invention.

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It survives in England only among the Teutonic nations; English bicameral sys-
tem first reproduced in the English states in America .

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