FREE BOOKS

Author's List




PREV.   NEXT  
|<   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46  
47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   >>   >|  
ns of towns established their liberty, both personal and political, far earlier than the dwellers on agricultural land. 959-975-EDGAR. CAP. 1. "_Secular Ordinance_. Now this is the secular ordinance which I will that it be held. This, then, is first what I will: that every man be worthy of folk-right, as well poor as rich; and that righteous dooms be judged to him; and let there be such remission in the 'bot' as may be becoming before God and tolerable before the world." 1016. CANUTE. CAP. 71. "And if any one depart this life intestate, be it through his neglect, be it through sudden death; then let not the lord draw more from his property than his lawful heriot. And according to his direction, let the property be distributed very justly to the wife and children and relations, to every one according to the degree that belongs to him." CAP. 81. "And I will that every man be entitled to his hunting in wood and in field, on his own possession. And let every one forego my hunting: take notice where I will have it untrespaesed on under penalty of the full 'wite.'" But even the great code of Edward the Confessor has, for the most part, to do only with political divisions, what shall be a shire, what a parish, etc., and certain technical matters that have now grown obsolete. So we may conclude with the statement, substantially accurate, that there was practically no _new_ legislation, no constructive legislation under the Saxons; their social law was all unwritten. And Parliament did not begin by being a law-making body. Its legislative functions were not very active, as they were confined to declaring what the law was; more important were its executive and judicial functions. In modern English government, particularly in our own, one of the basic principles is that of the three departments, executive, legislative, and judicial; the Norman or Roman theory rather reposed all power in one; that is, in the sovereign, commonly, of course, the king, the others being theoretically his advisers or servants. In England, to-day, the real sovereign is the Parliament; the merest shadow of sovereignty is left to the executive, the king, and none whatever given the judicial branch. In this country we preserve the three branches distinct, though none, not all three together, are sovereign; it is the people who are that. And each department is of equal
PREV.   NEXT  
|<   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46  
47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   >>   >|  



Top keywords:

executive

 

sovereign

 
judicial
 
Parliament
 
legislation
 

hunting

 

functions

 

legislative

 

property

 

political


active

 

earlier

 

dwellers

 

government

 

confined

 
English
 

personal

 
important
 

declaring

 
making

modern

 

agricultural

 
Secular
 

practically

 

accurate

 

substantially

 

Ordinance

 

conclude

 

statement

 

constructive


unwritten

 
Saxons
 

social

 

principles

 

branch

 

country

 

preserve

 

shadow

 

sovereignty

 

branches


distinct

 

department

 

people

 

merest

 

theory

 

reposed

 
liberty
 
Norman
 
departments
 

commonly