English Constitutional Ideas in the Fifteenth Century

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Cambridge University Press, Mar 21, 2013 - History - 436 pages
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Originally published in 1936, this book contains a detailed investigation of the ideas and theories behind the forms of fifteenth-century English government, reaching conclusions regarding the 'spirit' of the constitution. The text is divided into four large chapters: 'The Estate of King', 'The Nature of Parliament', 'Statutory Law and Judicial Discretion' and 'The Theory of the State'. Extensive notes, appendices and a bibliography are also provided. This book will be of value to anyone with an interest in fifteenth-century history, political history and the development of the English constitution.
 

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Contents

THE NATURE OF PARLIAMENT page
66
Some motives for the summons of parlia
142
Notes on the place of the commons
157
Texts of parliamentary sermons 1399
165
STATUTORY LAW AND JUDICIAL DISCRETION
192
Excursus Law of nature or reason in the courts page
214
Pilkingtons case page
231
The classification of statutes page
249
Statutes and judicial discretion page
289
THE THEORY OF THE STATE page
300
Fortescue and Bracton page
324
Notes to the chapter page
332
CONCLUSION The Spirit of the Constitution page
342
Appendix Extracts from Year Book Cases cited in the Text
350
Bibliograplgr Page
395
Index qf Subjects Page
407

4 The effective scope of statutes page
264

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