CHAPTER III

.

THE CONSTITUTION OF ENGLAND IN THE TENTH AND ELEVENTH CENTURIES. The Old-English Constitution survived the Norman Conquest 69–71

§ 1. _Origin of the Old-English Kingship._ Summary of the growth of Wessex 72 The germs of our institutions to be traced to the earliest times 72–74 Analogy with other Teutonic and other Aryan nations 74 Origin of Kingship; earlier government by Ealdormen or Heretogan 74–76 Difference between Ealdormen and Kings 76–78 Title of King 78 Kingship national and not territorial 78–79 Growth of kingly power through extension of territory 79–80

§ 2. _The Early Teutonic Constitution and its Decay._ The _Teutonic Free Community_; analogies elsewhere 80–81 _Eorls_ and _Ceorls_ 82–84 The _Mark_; _Folkland_; the _Eðel_ 84–85 Origin and nature of the _Comitatus_ or _Thegnhood_; Homeric and other analogies 85–89 The _Thegns_ supplant the old _Eorls_ 89 Effects of the change; Commendation; depression of the Ceorls 90–91 Growth of feudal principles 91–93 Earlier form of military service 93–94 _Folkland_ and _Bookland_ 94–96 Comparison between England, Germany, and Switzerland 96–97 Changes in the ancient Constitution; their necessity 97 Ceorldom sinks into Villainage, but the Villains are gradually emancipated 97 Amalgamation of Marks into Shires and of Shires into Kingdoms 98–100

§ 3. _Origin and Powers of the Witenagemót._ Democratic constitution of the old Assemblies of the Mark and the Shire 100–102 The Assembly of the Kingdom inevitably shrinks up into an Assembly of the King’s Thegns 102–103 The _Witenagemót_ of Wessex becomes the General Legislature, the Gemóts of other Kingdoms surviving as local bodies 104 Powers of the Gemót greater than those of a modern Parliament 105–106 Right of deposing the King 106–107 Right of electing the King; combination of the hereditary and elective principles 107–110 Direct action of the Witan in all matters 110–112 Joint action of the King and the Witan 112–113 Loss and recovery of Parliamentary freedom after the Conquest 113–114 Importance of the personal character of the King 114–115 His influence as Executive and as _Hlaford_ of the chief men 116–117

§ 4. _The Imperial Power of the King and his Relation to the Dependent Kingdoms._ 954 England one Kingdom, but much local independence retained 117 Statement of the question as to the superiority of the West-Saxon Kings over all Britain 118 924 Superiority over Scotland dates from the Commendation to Eadward 118–119 922 Final Commendation of the Welsh 119 Nature of Commendation; analogous instances 119–121 924–1291 Claims of the two Edwards; change of ideas meanwhile 122 Threefold relation of the King of Scots to the English Crown 122–123 Geography and relations of Scotland, Lothian, and Strathclyde 123–124 History of Cumberland 124–126 History of Lothian; it becomes the historical Scotland 126–129 Analogy between Scotland and Switzerland 129–130 922–1283 History of Wales 130–131 Position of the dependent Kingdoms 131–133 Statement of the case as to the Imperial Titles 133–134 The Titles used in the Charters imply an Imperial position 134–136 No continuous tradition from the Provincial Emperors 136–137 286–407 Real position of the “Tyrants” 137–139 No analogy between them and the Bretwaldas 139–140 The Imperial style adopted through a feeling that the position of the West-Saxon Kings was analogous to that of the Emperors 140–143 Position of Ecgberht, of Æthelstan, of Eadgar 140–141 The Imperial titles go out of use after the Norman Conquest 143–144 Late instances of their use 144–145 827–1869 Growth of the English system of dependencies 145–146 The Kingdom of England and Empire of Britain transferred to William 146–147

##