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