St. Alban's and St. Paul's-Confederacy of the barons at St. Edmund's PAGE

-They present their Demands to the King at the Temple-John's

unsuccessful attempts to break up the combination against him-

Assembly of the barons in arms at Stamford-their march to London

-Support of the Londoners-John grants the Charter-Original text

of John's Charter-Analysis and summary of its principal clauses-

Explanatory notes-Mode of enforcing the Charter-Recognition of

the National Unity-Events of John's reign subsequent to the grant of

the Charter-His attempts to evade it-Renewal of the Civil War-

The Crown offered to Louis of France-Death of John-Accession of

Henry III.-Earl of Pembroke chosen Rector Regis et Regni-

Henry III.'s first re-issue of the Charter-Alterations and omissions-

His second Charter and Charter of the Forest-Omissions, alterations,

and new clauses-Mortmain-His third Charter-Subsequent confirma-

tions.

IOI -145

CHAPTER V.

ADMINISTRATIVE SYSTEM UNDER THE NORMAN AND

PLANTAGENET KINGS.

Personal share of the King in all branches of Administration-A trial be-

fore Henry II. in person-The Justiciar-The Chancellor-Curia

Regis-Fiscal Administration-The Exchequer-Sources of revenue

-Important changes in taxation under Henry II.-Personal property

taxed-Pressure of new and systematic taxation excites opposition-

and leads to re-assertion by the Nation of its ancient right to be taxed

only by consent-Fines pro respectu militiae-Judicial system-Changes

in Curia Regis under Henry II.-Division into three Courts of King's

Bench, Common Pleas, and Exchequer-Itinerant justices established

by Henry II.-Judges of Assize and Nisi Prius-Trial by Jury-its

origin and development traced--the King's Continual Council or

Concilium Ordinarium-Rise of the Chancellor's jurisdiction-En-

croachments of the Council on jurisdiction of the Common Law-

Statutes in restraint of the Council and Chancery-Their small effect--

Equitable jurisdiction of the Court of Chancery permanently estab-

lished-Magnum Concilium-Origin of Judicial character of House of

Lords-and of the Legislative character of the Privy Council-Judicial

powers of Privy Council-Origin of Court of Star Chamber-Revived

under the Tudors-Nature of its jurisdiction and punishments-Police

and military organisation--The Frithborh-The Fyrd-The Huscarls

of Cnut-Employment of mercenary troops-Assize of Arms in

1181-The ancient Fyrd revived-Amalgamation of the alodial and

feudal military systems under Henry III. and Edward I.-Expansion

of ancient police organisation concurrently with that of the Fyrd-Con-

servators of the Peace-Coroners-Watch and Ward-Statute of

Winchester, 13 Edw. I.-Commissions of Array-The Militia-Decay

of national local force-Superseded by standing army at end of 17th

century-Reorganised as the National Militia in 1757

CHAPTER VI.

THE SUCCESSION TO THE CROWN.

The English kingship elective both before and after the Conquest-but re-

stricted under ordinary circumstances to the members of one Royal

House-Growth of the doctrine of Hereditary Right-William the Con-

queror elected by the Witan-Election of William Rufus-Henry I.

146-193

b

-Stephen-Henry II.-Richard I.-John-Henry III.-Edward I.

the first king who reigned before his coronation-but his reign dated

not from death of his father but from day on which oath of fealty taken

by the baronage-Edward II. declared to be King by descent of

heritage,' but his reign dated from day following the death of his pre-

decessor-Hereditary succession practically established-But subject

to the paramount right of Parliament to re-settle the succession-De-

position of Edward II.-Edward III.-Deposition of Richard II.—

House of Lancaster-Election of Henry IV.-The Crown entailed on

Henry IV. and his issue-House of York-Doctrine of Indefeasible

hereditary right first promulgated on their behalf-Deposition of Henry

VI. and election of Edward IV.—Richard III.-The Crown entailed

by Parliament on his issue-Henry VII.-The Crown entailed by Par-

liament on him and his issue-Parliamentary settlements of the suc-

cession in the reign of Henry VIII.-He is empowered by Parliament

to limit the succession by letters patent or by his last will-He devises

the crown-Act passed on accession of Queen Mary-Queen Eliza-

beth's title-Act passed on her accession--It is made treason to deny

the power of Queen and Parliament to limit the succession-James I.'s

claim to the throne-Doctrine of indefeasible hereditary right-Revolu

tion of 1688-Deposition of James II.-Election of William of Orange

-Act of Settlement-Recapitulation.

CHAPTER VII.

ORIGIN OF PARLIAMENT.

A Commune Concilium Regni has always existed-The Witenagemot-
Curia Regis-Its_constitution-The 'greater Barons'-Hereditary
character of the House of Lords-Spiritual Peers-Lay Peerages for
Life-Ideas of election and representation familiar to the nation-
Council of St. Alban's, 1213, first historical instance of summons of
representatives to a National Council-Four instances of county
representation in Parliament prior to De Montfort's Parliament in
1265-Increased use of elected county representatives for fiscal and
other matters-Name of Parliament-The Mad Parliament' at
Oxford, 1258- Provisions of Oxford '-Oligarchies in England-
Simon de Montfort, Founder of the House of Commons'-His first
Parliament-His second Parliament, to which Representatives of
Towns are summoned Progress of the Towns-Representative
machinery first employed for judicial and fiscal purposes-Representa-
tion of boroughs in the Shire Courts-First symptoms of Representa-
tion of Towns in the National Assembly-Transitionary period in
the Constitution of Parliament, 1265-1295-Parliament during latter
years of Henry III.-Parliaments under Edward I. (in 1273,
at Westminster; 1283, Jan., Northampton and York; Sept., Shrews-
bury or Acton Burnell; 1290, Westminster, grant of aid pur
fille marier; 1294, Westminster; 1295, Westminster)-End of transi-
tionary period-Perfect representation of the three Estates of the
Realm-Inferior clergy represented in Parliament under praemu-
nientes clause-Convocation-Inferior clergy cease to attend Parlia-
ment in the 14th century-but preserve the power of self-taxation till
1664-Clergy, though still in theory, not now practically, a separate
Estate of the Realm-Government by King, Lords and Commons
established under Edward I.-And the right of arbitrary taxation
surrendered-Events leading to the Confirmatio Chartarum-Exac-
tions from the clergy-Bull Clericis Laicos-Maltolte' on wool-
Infractions of Magna Charta-Foreign service-Earls of Hereford and

PAGE

194-224

Norfolk-Edward's speech to the people-A Grand Remonstrance

presented to the King-grant of the Confirmatio Chartarum, 1297—

De Tallagio non Concedendo

CHAPTER VIII.

GROWTH OF PARLIAMENT (1295-1399).

.

The National Council gradually wins back an active control over all the

affairs of the nation-Division of Parliament into two Houses-Two

elements of the Commons, Knights of the Shire and Burgesses-the

knights at first deliberated and voted with the barons-Union of the

knights and burgesses in one House-Its important consequences-No

noble caste in England-Civil equality of all ranks below the peerage--

Gradual growth of the power of the Commons under Edward II. and

Edward III.-The Lords Ordainers '-Articles of Reform-Summary

of grievances in 1309-Right of Commons to concur in legislation-

Regularity of meeting of Parliament-Annual Parliaments-The Com-

mons establish three great rights: (i.) Taxation without consent

illegal-(Appropriation of supplies—Audit of public accounts-Wages

of members)-(ii.) Legislation, concurrence of both Houses necessary

-(Difference between Ordinances and Statutes-Ordinances of the

Staple)—(iii.) Right of Commons to inquire into administrative abuses

-(Attempt to establish responsibility of Ministers to Parliament-

-First protest on the rolls-First instance of parliamentary impeach-

ment-The 'Good Parliament '-Impeachment of Lords Latimer and

Nevill Commons intervene in questions of War and Peace-and

exercise active control over various other affairs of State)-REIGN OF

RICHARD II.-Its Constitutional importance-Its history during the

three periods: (1) From 1377 to the coup d'état of 1389; (2) From

1389 to the second coup d'état of 1397; (3) From 1397 to the King's

deposition in 1399-Insurrection of the Villeins in 1381-History of

Villeinage.

PAGE

225-260

261-309

CHAPTER IX.

PARLIAMENT UNDER THE LANCASTRIAN AND YORKIST KINGS.

(1399-1485).

(Henry IV., Henry V., Henry VI., Edward IV., Edward V.,

Richard III.)

Characteristics of the Lancastrian Period-Increased importance of the
Commons-Taxation: conditional grants, appropriation of supplies,
examination of accounts-Dependence of supply on redress of griev-
ances-First Collision between the two Houses-All money-bills must
originate in the Commons-King ought not to notice matters pending
in Parliament-Petitions assume the form of complete Statutes under
the name of Bills-Dispensing and Suspending powers of the Crown-
Right of Inquiry into Public Abuses and of Controlling the Royal
Administration-Petition of 31 Articles in 8 Hen. IV.-Right of the
Commons to be consulted as to Peace or War, and in all questions of
National Interest-Impeachment-Bills of Attainder-Privilege of Par-
liament (1) Freedom of Speech: Haxey's case-King not to take
notice of Speeches in Parliament-Yonge's case-Strode's case—
Statute 4 Hen. VIII.-Freedom of Speech claimed by Speaker, 1541
-Declaration of Commons, 1621-Cases of Eliot, Holles, and Valen-
tine-The privilege confirmed by Bill of Rights-(2) Freedom from

arrest: Bishop of St. Davids' case-Prior of Malton's case-Statute

11 Hen. VI.-Petition of Commons, 5 Hen. IV.-Atwyll's case-

Thorpe's case-Ferrers's case; Commons release a member by their

own authority-Speech of Henry VIII.-Smalley's case-Case of Sir

Thomas Shirley-Stat. 1 James I.; first legislative recognition of the

privilege-Abuse of the privilege-Arrest for contempt of Court-

Lord Cromwell's case-Privilege not available on refusal to obey writ

of habeas corpus-Privilege not asserted on committal for contempt of

Court-But still subsists-(3) Right of Commons to determine con-

tested elections-Early abuses in Parliamentary elections-Regulated

by Statutes-Commons first intervene in election disputes temp. Ric. II.

-Nowell's case-Case of County of Norfolk-Goodwin and Fortes-

cue's case-Case of Ashby v. White-Case of The Aylesbury Men'

-The County Franchise enjoyed by all Freeholders-At its maximum

under Henry IV.-First disfranchising statute, 8 Hen. VI.; forty

shilling freeholders-Both electors and elected required to be resident

-Knights of the Shire required to be of gentle birth-Valetti in Par-

liament-Property qualification of members-Borough Elections-

Who were the electors in boroughs?— History of Regencies-Parlia-

ment under Edward IV. and Richard III.-Benevolences-Sir John

Fortescue's testimony to the freedom of the Constitution

CHAPTER X.

THE TUDOR PERIOD (1483-1603)—reigns of HENRY VII.,

HENRY VIII., EDWARD VI., MARY.

General characteristics of the Tudor Period-Henry VII. checks on the

Royal authority at his accession-His laws-Obedience to a king de

facto-Revival of the Criminal jurisdiction of the Star Chamber-

Royal exactions-Insurrections in 1488 and 1497-Benevolences-

Morton's Fork-Empson and Dudley-Parliament seldom summoned—

His riches made him practically independent-Henry VIII.: Taxation

-Wolsey's attempt to intimidate the Commons-Forced loans and

benevolences-Privy Seals-Treatment of Reed and Roach-Release of

the King's debts by Parliament-New treasons created by statute-

Illustrious victims-Bills of Attainder-Act giving the King's proclama-

tions the force of law-Causes of the increased power of the Crown-

Popularity of Henry VIII.—Consolidation of the Kingdom-Wales-

Ireland-Poynings' Law-EDWARD VI. and MARY : character of their

civil government-Law of Treason-Proclamations-Insurrections of

1549-Their origin-Act against unlawful assemblies-Violence of

Mary's reign-Powers of a Queen Regnant settled by Act of Parlia-

ment-Reviving independence of the Commons-met by creation of

rotten boroughs and by influencing the elections

CHAPTER XI.

THE REFORMATION IN ENGLAND.

The Reformation under Henry VIII. political and legal, rather than reli-
gious-Doctrinal changes under Edward VI. and Elizabeth an unin-
tentional consequence-But both were the effect of causes long in
operation-Early and continuous national character of English Church
-Growth of Papal power from the Conquest till reign of Henry III.—
Resistance of Edward I. to the Papal claims-Answer of the English
Parliament to letter of Boniface VIII.-Series of Statutes passed to
check aggressions of the Pope-De Asportatis Religiosorum, 35

TAGE

310-366

• 367-402

6

Edw. I., 1307-Statute of Provisors, 25 Edw. III., 1351-Statute
forbidding Citations to the Court of Rome, 1353-Statute of
13 Ric. II., 1389-Boniface IX. brings matters to a crisis, 1391—
Petition of the Commons--Statute of Praemunire, 16 Ric. II., 1392-
Boniface yields-Rise of the Lollards-John Wycliffe, 1360--and his
'poor priests 'The Bible translated and disseminated-Revolutionary

and socialistic tendencies of Wycliffe's followers-Their implication in

insurrection of the Villeins, 1381-Conservative reaction in consequence

-Henry IV. supports the prelates-Statute De Haeretico Comburendo,

1401-Petition of the Commons for a secularisation of Church

property-Insurrection of the Lollards under Sir John Oldcastle, 1412

-Lollardry repressed, but not extinguished-Revives at beginning of

16th century-The Association of Christian Brothers'-Abuses of

the Ecclesiastical system-Benefit of Clergy-Dr. Standish and Con-

vocation-Case of Richard Hunne-Luther at Wittenberg, 1517—

Henry VIII. disposed to curb ecclesiastical abuses, but opposed to

doctrinal changes-He gains the title of 'Defender of the Faith'-

Influence of writings of Luther and other foreign reformers on English

Lollardism-Some reform of the ecclesiastical system inevitable-

Precipitated by Henry VIII.'s divorce suit--The Reformation Parlia-

ment, 1529-1536-Session I.: Petition of Commons for a scrutiny into

Ecclesiastical abuses-Answer of the Bishops-Henry's criticism

thereon Statutes in restraint of Probate fees, Mortuaries, Pluralities,

Non-residence and clerical trading-Sess. II.: Proctors and pardoners

punished as vagabonds-The clergy in a praemunire-Pardoned on

payment of a large sum and admitting the King's supremacy-The

laity in a praemunire-Pardoned by Act of Parliament-Sess. III. :

Act to restrain citations from one diocese to another-First-fruits taken

from the Pope-Sess. IV.: Act for restraint of appeals to Rome-

Sess. V. Act for submission of the clergy-Bishops to be nominated

by the King's congé d'élire-Payment of Peter-pence and other Papal

exactions forbidden - Henry's first Royal Succession Act Oath

imposed thereby-Execution of Sir Thomas More and Bishop Fisher

-Sess. VI. Royal proclamation against the Pope, 1534-Act of

Supremacy-First-fruits annexed to the Crown-Sess. VII.: Dissolu-

tion of Smaller Monasteries-Pilgrimage of Grace,' 1536-The Larger

Monasteries dissolved-Was the suppression of the Monasteries justi-

fiable? Distribution of the Church property-Its results-Doctrine of

the Anglican Church declared by Henry-Act of the Six Articles,

1539-English translation of the Bible, 1538-'Institution' and 'Eru-

dition of a Christian Man '-EDWARD VI. -The Religious Reformation

under him-Insurrections, 1549-Persecution-MARY-Re-establish-

ment of Papal religion-The Marian persecution-The Reformation

promoted by it.

PAGE

. 403-444

CHAPTER XII.

THE TUDOR PERIOD-REIGN OF ELIZABETH (1558-1603).

Ecclesiastical polity of Elizabeth-Acts of Supremacy and Uniformity,
1559-Oath of Supremacy and Allegiance-First-fruits and tenths
restored to the Crown-The XXXIX. Articles of Religion-Relations
of the Reformed National Church to the Crown-Refusal of oath of
supremacy by all but one bishop-The clergy generally conform-
Persecuting statutes-Act of 1562-Speech of Lord Montagu against
it-The Bishops' Act, 1566-The Roman Catholics suspected of dis-
loyalty-Elizabeth's title to the throne purely Parliamentary-Roman
Catholics in favour of hereditary claims of Mary Queen of Scots-Title
of House of Suffolk-Harsh treatment of Lady Catherine Grey-