English Constitutional History from the Teutonic Conquest to the Present Time

The three great fundamental compacts between the Crown and the Nation—
Magna Charta-An Act of the whole people under the leadership of the
barons-in reality a treaty of peace between the King and his people in arms
-its moderate, practical, and conservative character-based on the Charter
of Henry I. and the Law of Edward the Confessor-Events of John's reign
which led to the granting of the Charter-Separation of Normandy from
England-Decay of Feudalism-Refusal of the barons to follow the King on
foreign service-John's personal character-Church, baronage and people
united against him-His struggle with the Papacy-Double election to see

of Canterbury-John refuses to receive the Pope's nominee-The Interdict,

Excommunication and ultimate Deposition - The King submits, and sur-

renders his Kingdom to the Pope-Struggle with the barons-Councils at

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

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

ful 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-

PAGE

85-120

CHAPTER V.

ADMINISTRATIVE SYSTEM UNDER THE NORMAN AND

PLANTAGENET KINGS.

ersonal share of the King in all branches of Administration-A trial before

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 Con-

tinual Council or Concilium Ordinarium—Rise of the Chancellor's jurisdic-

tion-Encroachments 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 established-

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 mer-

cenary 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-Conservators of the Peace-Coroners-Watch and Ward

-Statute of Winchester, 13 Edw. I.-Commissioners 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 restricted
under ordinary circumstances to the members of one Royal House-Growth
of the doctrine of Hereditary Right-William the Conqueror elected by the

121-161

Witan-Election of William Rufus-Henry I.-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 predecessor-Hereditary succession practically established

-But subject to the paramount right of Parliament to re-settle the succes-

sion-Deposition 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 here-

ditary right first promulgated on their behalf-Deposition of Henry VI.

and election of Edward IV.-Richard III.-The Crown entailed by Parlia-

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

him and his issue-Parliamentary settlements of the succession 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 Elizabeth'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 inde-

feasible hereditary right-Revolution of 1688-Deposition of James II.-

Election of William of Orange-Act of Settlement-Recapitulation

PAGE

162-187

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 elec-

tion 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 Mont-

fort'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-Representation of boroughs in the Shire Courts

-First symptoms of Representation of Towns in the National Assembly—

Transitionary period in the Constitution of Parliament, 1265-1295-Parlia-

ment 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 transitionary period-

Perfect representation of the three Estates of the Realm-Inferior clergy re-

presented in Parliament under praemunientes clause-Convocation-Inferior

clergy cease to attend Parliament 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-

Exactions from the clergy-Bull Clericis Laicos-Maltolte' on wool-In-

fractions of Magna Charta-Foreign service-Earls of Hereford and Norfolk

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

King-grant of the Confirmatio Chartarum, 1297-De Tallagio non Con-

cedendo.

188-217

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 Commons establish three great rights: (i.) Taxa-
tion 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-Ordi-
nances 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 impeachment-
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

218--257

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 Com-

mons-Taxation: conditional grants, appropriation of supplies, examination

of accounts-Dependence of supply on redress of grievances-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 Parliament-(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 Valentine-

The privilege confirmed by Bill of Rights-(2) Freedom from arrest: Bishop

of St. David's 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 legis-

C.H.

lative recognition of the privilege-Abuse of the privilege-Arrest for con-

tempt 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 contested

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 Fortescue'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
require to be resident-Knights of the Shire required to be of gentle birth-

Valetti in Parliament-Property qualification of Members-Borough_Elec-

tions-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

PAGE

258-303

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-Insur-

rections 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 proclamations the force of law-Causes of the increased power of the

-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 Parliament-Reviving inde-

pendence of the Commons-met by creation of rotton boroughs and by

influencing the elections

304-333

CHAPTER XI.

THE REFORMATION IN ENGLAND.

The Reformation under Henry VIII. political and legal, rather than religious-
Doctrinal changes under Edward VI. and Elizabeth an unintentional conse-
quence-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 Boni-
face VIII.-Series of Statutes passed to check aggressions of the Pope-
De Asportatis Religiosorum, 35 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,

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