English Constitutional History. A text book for students and others

Preface

The aim of this work is to give a concise but com prehensive history of the origin and development of the English Constitution. It is intended, primarily, as a Text-book for students, but I trust that it may also prove not unacceptable to the general reader. In its com position, while necessarily making ample use of Hallam's masterpieces, I have availed myself largely of the writings of Professor Stubbs and Mr. Freeman, which have thrown so much new light upon the earlier phases of our Constitution. In the most recent period, the Constitutional History of Sir Erskine May has been my chief guide. But numerous other authorities have been consulted, and to all of them references are given in the notes, both as vouchers for the facts stated, and as indications to the student where to seek for further and fuller information.

The arrangement adopted is mainly chronological, but with occasional deviations from the strict order, where I have thought it most convenient to treat of some par ticular topic in a continuous manner. Preface. VIII Ecclesiastical matters have been considered, through out, under a purely political aspect, and in tracing the growth of our Institutions, I have endeavoured, as far as possible, to keep aloof from all party spirit. Though adding somewhat to the bulk of the work, I have deemed it advisable to give in full the texts of Magna Charta, the Petition of Right, and the Bill of Rights, — the three great landmarks of English Con stitutional History. The Temple, March, 1875. TAGE. 1—44 CONTENTS.

Chapter I. From The Teutonic Conquest Of Britain To The Norman Conquest

OF ENGLAND. Origin of the English — Teutonic Conquest of Britain — Germanic origin of English Institutions — Ancient German polity — The successful leaders assume the regal title — Conversion of the English to Christianity — National character of the Church — The Bretwaldas — Invasions of the Danes — Constitution of English nation from 7th to nth centuiy — Appropriations of the Soil — The mœgths — Folkland and Bookland — Territorial divisions — The Township — The Hundred — The Shire — The Burgh — Guilds — The City of London — Ecclesiastical divisions — Ranks of the People — Slaves — Freemen (Eorls and Ceorls) — Growth of Thegnhood — Its effects — The Ceorls — Ealdormen — The Clergy — The King — Nature of early English kingship — The .Ethelings — The Witenagemot — Its Constitution — Its Powers — Judicial system — The Frithborh, or Frankpledge — The Hundredmoot — The Shiremoot — Private Soken or Liberties — Procedure — Compurgation — Ordeal — Legally appointed witnesses to bargains — Punishments — Ancient English laws — Early attempts at Codification — Ælfred as a legislator — Diversities of local customs — Gradual development from personal to territorial organization — Increased power of the great nobles — The great Earldoms under Cnut and Eadward the Confessor ....

Chapter II. The Norman Conquest

Claimants to the Crown on death of Eadward the Confessor — Earl Harold — Elected and crowned King — William Duke of Normandy — English Kingship Elective — The Conquest — William is elected and crowned ' King of the English ' — Theoretically a constitutional king — Continuity of the Constitution — The Norman race — Effects of the Conquest — Feudalism — Its gradual establishment — The English redeem their lands — Insurrections, followed by extensive confiscations — Continental Feudalism — Sub-infeudation — Commendation — Growth of Feudalism in England — Difference between English and Continental Feudalism — Feudal tenure of land without feudal principles of government — GemSt of Salisbury — Domesday Book — Checks to the power of the Feudatories — Great Earldoms abolished — Counties Palatine — Feudal tenures — Their services and incidents — The Conqueror's policy national rather than feudal — National Witan continued — William's Laws — He renews the Law of Eadward the Confessor — Wager of Battle — Englishry — The Forest Laws — The Church— Separation of Spiritual from Temporal Contents.

X PAGE. 45—73 74—97 98—141 Courts — William's canons of the Royal Supremacy — Judicial organization — Curia Regis — Justiciars appointed — Riches of the Conqueror — His great power — Harshness of his rule ....

Chapter III. Reigns Of The Norman And First Angevin Kings

Reign of William Rufus — Ranulf Flambard — William seeks support ofthe English against the Baronage — and promises good laws — Henry I. : His Charter of Liberties — ' Malæ consuetudines ' abolished — Forests retained — So-called ' Leges Henrici Primi' — Henry courts and receives the support of the native English — Marries a niece of Eadgar Ætheling — Triumphs over the rebellious barons — Raises up new men — Strengthens jurisdiction of County and Hundred Courts — Charters to Boroughs — Royal administration centralized and systematized — Occasional Circuits of the judges — Severity in punishing offences against the Laws — Question of Investitures — Stephen : His two Charters — Anarchy of his reign — Creation of new earldoms — Arrest of the three bishops — Wretched condition of the People — Peace of Wallingford — Scheme of reform — Death of Stephen — Henry II. : The Angevin Dynasty — Charter of Liberties — Henry's policy — Establishes law and order — The two great constitutional results of his reign — Administrative reforms — Itinerant Justices — The Grand Assize — Scutage — Constitutions of Clarendon — Richard I. : Character of his reign — Excessive taxation — Ways of raising money — Popular rising under William-with-the-Beard — Constitutional opposition of the Clergy — Administration of the kingdom by the Justiciars — Longchamp, William of Coutance, Hubert Walter, and.

Geoffrey Fitz-Peter — Deposition of Longchamp — Principles of representation and election in the assessment of taxes and appointment of County Coroners — Advance of the Boroughs towards independence — Summary of Richard's reign ....

Chapter IV

magna charta. 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 Eadward the Confessor— Events of John's reign which led to the granting of the Charter — Separation of Normandy from England — Decay of feudalism — Refusaf of the barons to follow the King on foreign service John's personal character — His struggle with the Papacy — and with the barons — Councils at St. Alban's— Confederacy of the barons at St. Edmund's — 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— Events of John's reign subsequent to the grant of the Charter— Henry III.'s first re-issue of the Charter— Alterations and omissions — His second Charter and Charter of the Forests— Omissions, alterations, and new clauses— His third Charter— Subsequent confirmations .... Contents. XI PAGE. I42—I86 1S7 — 209

Chapter V. Administrative System Under The Norman And Plantagenet Kings

Personal share ofthe King in all branches of Administration — The Justiciar — The Chancellor — Curia Regis — Fiscal Administration — The Exchequer — Sources of revenue — Important changes in taxation under Henry II. — 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 — The King's Concilium Ordinarium — Rise of the Chancellor's jurisdiction — Equitable jurisdiction of the Court of Chancery — Statutes in restraint of the Council and Chancery— 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 — Police and military organization — The Frithborh — The Fyrd — The Huscarls of Cnut — Employment of mercenary troops — Assize of Arms, a.d. 1181 — The ancient Fyrd revived — Amalgamation of the alodial and feudal military systems under Henry III. and Edw.

I. — Expansion of ancient police organization concurrently with that of the Fyrd — Conservators of the Peace — Coroners — Watch and Ward — Statute of Winchester, 13 Edw. I. — Commissions of array — Decay of national focal force — Reorganized 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 — Accession of William Rufus — Henry I. — Stephen — Henry II. — Richard I. — John — Henry III. — Edward I. — Edward II. — Hereditary succession ■ established — But subject to the paramount right of Parliament to re-settle the succession — House of Lancaster — 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 Parliament on him and his issue — Parliamentary settlements ofthe succession in the reign of Henry VIIL — He is empowered by Parliament to fimit 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 indefeasible hereditary right — Revolution of 1688 — Deposition of James II. — Election of William of Orange — Act of Settlement Contents. XII PAGE, 210—236 237—28:

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 Parfiament in 1265 — Increased use of elected county representatives for fiscaf and other matters — Name of Parliament — Parliament at Oxford, 1258 — ' Provisions of Oxford' — Simon de Montfort, ' Founder of the House of Commons ' — Representatives of Towns summoned to Parliament by him — Progress of the Towns — Representative machinery first employed for judicial and fiscal purposes — First symptoms of representation 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. — End of transitionary period — Perfect representation of the Three Estates of the Realm — Inferior clergy represented 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 not now a separate Estate ofthe Realm— Government by King, Lords and Commons established under Edward I. — And the right of arbitrary taxation surrendered — Events leading to the ' Confirmatio Chartarum ' — Bull ' Clericis Laicos ' — ' Maltolte ' on wool — Infractions of Magna Charta — Foreign service — Earls of Hereford and Norfolk — A Grand Remonstrance presented to the king — grant of the Confirmatio Chartarum, 1297 — 'De Tallagio non Concedendo' ....

CHAPTER VIIL GROWTH OF PARLIAMENT

(A.D. I265-I399). The National Council gradually wins back an active control over all the affairs of the nation — Division of Parliament into two Houses Importance of the fusion of the Knights of the Shire and the Buro-esses in one assembly — Civil equality of all ranks below the peerage Gradual growth of the power of Parliament under Edward II. and Edward III.— Regularity of meeting of Parliament— Annual Parliaments — The Commons establish three great rights : (i. ) Taxation without consent illegal—) Appropriation of supplies— Audit of publicaccounts) (ii.) Legislation, concurrence of both Houses necessary— (Difference between Ordinances and Statutes)— (iii.) Right of Commons to inquire into administrative abuses— (First instance of parliamentary impeachment—Commons intervene in questions of War and Peace)— Reign of Richard II.

(1.) From 1377 to the coup d'ltat of 1389 ; (2 ) From 1389 to the second coup d'itat of 1397 ; (3.) From 1397 to the Kind's deposition in 1 399— Insurrection of the Villeins in 1381— Histor/of Villeinage .... -.111 PAGE. 283—331 332—368 Contents.

Chapter IX Parliament Under The Lancastrian And Yorkist Kings

(a.d. 1399-1485). 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 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 — Suspending and Dispensing 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; (2) Freedom from arrest; (3) Right of Commons to determine contested elections — Early Abuses in Parliamentary elections — Regulated by Statutes — The County Franchise enjoyed by all freeholders — Reaches its maximum under Henry IV. —First disfranchising statute, 8 Hen.

VI. — Both electors and elected required to be resident — Knights of the Shire required to be of gentle birth — Property qualification of members — Borough Elections — Who were the electors in Boroughs ? — History of Regencies — Parliament under Edward IV. and Richard III. — Benevolences — Sir John Fortescue's testimony to the freedom of the Constitution

Chapter X. The Tudor Period

(a.D. 1485-1603) — REIGNS OF HENRY VII., HENRY VIIL, 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 — Benevolences— Morton's Fork — Empson and Dudley — Parliament seldom summoned — Henry VIIL : Taxation — Wolsey's attempt to intimidate the Commons — Forced loans and benevolences — 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 Crown — Popularity of Henry VIIL — Consolidation of the Kingdom — Wales — Ireland — Poyning's Laws — Edward VI. and Mary : Character of their civil government — Law of Treason — Proclamations — Insurrections of 1549 — Act against unlawful assemblies — Violence of Mary's reign — Powers of a Queen Regnant settled by Act of Parliament — 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 VIIL political and legal, rather than religious — Doctrinal changes under Edward VI. and Elizabeth an unintentional consequence — But both were the effect of causes long in Contents. XIV PAGE. 369—410 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 VIIL— Series of Statutes passed to check aggressions of the Pope— De Asportatis Religiosorum, 35 Edw. I., 1306— Statute of Provisors, 25 Edw. III., 1350— Statute forbidding Citations to the Court of Rome, 1353 — Statute of 13 Ric. II., 1389— Boniface IX. brings matters to a crisis, 1391— Petition ofthe Commons — Statute of Præmunire, 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 ofthe Villeins, 1381 — Conservative reaction in consequence —Henry IV. supports the prelates— Statute De Hæretico Comburendo, 1401 — Petition of the Commons for a secularization of Church property — Insurrection ofthe Lollards under Sir John Oldcastle, 1412 — Lollardry repressed, but not extinguished — Revives at beginning of 1 6th century— The 'Association of Christian Brothers' — Abuses of the Ecclesiastical system — Benefit of Cfergy — Dr. Standish and Con vocation—Case of Richard Hunne— Luther at Wittenburg, 1517 — Henry VIIL disposed to curb ecclesiastical abuses, but opposed to doctrinal changes— He gains the title of 'Defender ofthe Faith'— Influence of writings of Luther and other foreign reformers on English Lollardism — Henry VIII.'s divorce suit — The Reformation Parlia ment, 1 529-1 536 — 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 — Sets.

II. : Proctors and pardoners punished as vagabonds — The clergy in a præmunire — Pardoned on payment of a large sum and admitting the King's supremacy — The laity in a præmunire — pardoned by Act of Parliament — Sess. III. : Act to restrain citations from one diocese to another— Annates taken from the Pope — Sess. IV. ; Act for restraint of Appeals to Rome — Sess . J'.: Act for submission of the clergy — Bishops to be nominated by the King's conge d'elire — Payment of Peter-pence and other papal exactions forbidden — Henry's first Royaf 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. III. : Dissolu tion of Smaller Monasteries — ' Pilgrimage of Grace,' 1536 — The Larger Monasteries dissolved— Act of the Six Articles, 1539 — English translation of the Bible, 1538 — 'Institution' and 'Erudition of a Christian Man' — Edward VI. — The Religious Reformation under him — Insur rections, 1549 — Persecution — Mary — Re-establishment of Papal religion — The Marian persecution — The Reformation promoted by it .

Chapter XII. The Tudor Period

— REIGN OF ELIZABETH (A.D. 1558-1603). Ecclesiastical polity of Elizabeth — Acts of Supremacy and Uniformity, 1559 — First-fruits and tenths restored to the Crown — The XXXIX Articfes 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 disloyalty — Elizabeth's title to the throne purely parliamentary — The Catholics in favour of hereditary claims of Contents.

XV PAGE, 411—459 Mary Queen of Scots— Title of House of Suffolk— Harsh treatment of Lady Catherine Grey — Treason of Edmund and Arthur Pole — Effect of Mary's flight into England — Rebellion of Duke of Norfolk and of Earls of Northumberland and Westmoreland, 1569 — Bull of Pius V., I57°~Statutes of 1571 — Jesuits and missionary priests in England — Act of 1580-81 — The Jesuit Campian — Plots against the Queen's life — Association for her defence — Act against Jesuits, 1585- — Execution of Mary Queen of Scots, 1587 — Spanish Armada, 1588 — Act of 1593 — Persecution of Protestant sectaries— Puritan conventicles — Attacks on Episcopacy — Cartwright's ' Admonition to the Parliament' — Arch bishop Grindal — Archbishop Whitgift — High Commission Court established, 1583 — Martin Mar-prelate tracts — Puritan libellers punished with death — Influence of Scotch ecclesiastical affairs on England — Act of 1593 against Protestant Nonconformists— Political results of persecution of Puritans — Civil Government of Elizabeth— Its despotic character — Political trials unjustly conducted — Courts-martial ■ — Illegal commitments — Remonstrance of the judges against them — Illegal proclamations — Restrictions on printing and bookselling — Elizabeth's economy — occasional forced loans, which are punctually repaid —Administration of Lord Burleigh— Puritan ascendency in House of Commons — Conflicts with the Crown (1) as to settlement of the succession, (2) as to ecclesiastical reforms — Speech of Peter Wentworth in 1576— Mr. Cope's Bill and Book, 1588 — Parliament of 1593 — Elizabeth's definition of liberty of speech — The succession question again brought forward by Peter Wentworth — Morice's bill for reform of ecclesiastical courts — Causes of the general submissiveness of the Commons — Successful opposition to .Monopolies, 1601 — Poor Laws— Privileges of Parliament — Storie's case, 1547 — Copley's case, 1557— Hall's case, 1 581— Dr. Parry's case, 1585— Eland's case, 1586 — Long's case, 1571— Assertion by Commons of right to originate money bills, 1593 — The constitution, though frequently violated in practice, remained theoretically intact — Aylmcr's ' Harborowe of True and Faithful Subjects,' 1559 — Mr. Speaker Onslow's address to Queen Elizabeth, 1566 — Harrison's ' Description of England, ' 1577 — Hooker's ' Ecclesiastical Polity ' — Sir Thomas Smith's ' Commonwealth '

CHAPTER XIIL THE STEWART PERIOD

(A.D. 1603-1688) FROM THE ACCESSION OF JAMES I. TO THE PASSING OF THE PETITION OF RIGHT. Jam.es I. (1603-1625) — Tendency of political and religious thought at his accession — The Puritan party — Effect of James's Presbyterian education — His political antipathy to Nonconformity — Arbitrary nature of his civil government — Theory of Divine right — First Parliament, 1604 — Sess. I. Privileges of Commons vindicated — Complaints of grievances — Commons' justification of their proceedings — Sess. II. and III. 1605-7. Expulsion of Sir Christopher Pigott — Proposed Union between England and Scotland — Intermission of Parliament, 1607-10 ■ — Illegal impositions on merchandise— Bates's case, 1606 — The ' Book of Rates,' 1608 — Sess. IV. 1610. Remonstrance against Impositions — Complaints against High Commission Court and Royal Proclamations — Cowell's ' Interpreter ' — Answer of the judges as to legality of Proclamations — The ' Great Contract ' — Sess.

V. 1610. Parliament dissolved, Feb. 161 1 — James attempts to rule without Parliament — His method of raising money — His financial difficulties — The ' Under- Contents. XVI PAGE, 460—525 takers '—Second Parliament, 1614. Impositions denounced— Bishop Neile— Dissolution ofthe 'Addled Parliament,' June, 1614— Mem bers sent to the Tower— Importance of the step— Six years of arbitrary government— A general Benevolence — Protests against it—Imprison ment of Oliver St. John— Prosecution of Peacham, 1615 — Collision between the King and Chief Justice Coke— Case of Commendams, 1616— Dismissal of Coke from the Chief Justiceship— His disgrace an historical landmark— Foreign policy of James— Third Parliament, 1621. Sess. I. Revival of Impeachments — Impeachments of Mom pesson, Mitchell, and Lord Chancellor Bacon, 1621, and of the Earl of Middlesex, 1624— Later cases of Impeachment — Violent proceedings against Floyd — Sess.

II. Prosecution of Coke and Sandys— Irritation of the Commons — Petition against Popery and the Spanish match — James forbids the House to meddle with mysteries of State—Remon strance ofthe Commons — The King's Reply — Protestation of Dec. 18, 1621— Parliament dissolved, Feb. 1622 — Imprisonment of Members — Fourth Parliament, 1624. Act against Monopolies — Constitutional results of James's reign — Charles I. (1625-1649)— His political cha racter — First Parliament, 1625. Its dissolution, August, 1625 — Oppo sition to Buckingham— Speech of Sir R. Cotton— Second Parliament, 1626. Impeachment of Buckingham — Imprisonment of Members — Attack on Privileges of the Lords — Earl of Arundel— Earl of Bristol — Hasty Dissolution, June, 1626 — Expedients to raise money— A general loandemanded andenforced — Darnel's case, 1627 — War with France — Third Parliament, 1628, Sess.

I. The King's Speech — Committee of Grievances — Commons' resolutions — Conference with the Lords — Speech of Sir Edward Coke — Petition of Right drawn up by the Commons — The Lords propose an amendment which is discussed and rejected — The King consults the Judges — The King's first answer — The Royal Assent given in due form — Text of Petition of Right, with notes — Prorogation of Parliament — Sess. II. 1629. The three Resolu tions of the Commons — Dissolution of Parliament, March, 1629

Chapter XIV. The Stewart Period From The Petition Of Right To The

RESTORATION (A.D. 1629-1660). Determination of Charles I. to govern without a Parliament — Imprisonment of Sir John Eliot, Selden, and other members of the Commons — Some of the popular party accept office— Eleven years of Despotic Government — Expedients to raise a revenue— Royal Proclamations — Servility of the Judges— Punishments inflicted by Star Chamber- Cases of Bishop Williams and Osbaldiston — Leighton — Lilburne — Prynne, Burton, and Bastwick— Case of Ship-money— Hampden's refusal to pay — Extra-judicial opinion of the Judges— Arguments on the case — Judgment for the Crown -Clarendon's opinion of the effects of the Judgment— The Scottish Rebellion — Distress of the Government — The Short Parliament, 1640. Its moderation and loyalty Demand of an immediate supply— The Commons insist on redress of grievances— Speech of Edmund Waller— Conference with the Lords on grievances— Exclusive right of Commons to initiate Money Bills- Charles offers to give up Ship-money for tweive subsidies — The Commons decline to purchase immunity from an illegal imposition Speech of Secretary Vane— Parliament dissolved after three weeks' session— Effect of the Dissolution— The King resumes his despotic Contents.

XVII PAGE 526— 5S0 courses— Convocation— promulgates a new set of Canons— New oath for preventing Innovations in Religion — Failure of Military operations against the Scots — Great Council of Peers at York — The Long Parlia ment, 1640.

Its characteristics — Speech of Pym on the state of the Kingdom — Impeachment of Strafford, Laud, Finch, Windebank, and others— Victims of the Star Chamber released — Assistance voted to the Scots — Salutary Acts of the Long Parliament — Triennial Act — Tonnage and Poundage not to be levied without consent — Ship money abolished — Star Chamber abolished — High Commission Court abolished — Purveyance restricted — Compulsory Knighthood abolished — Extensions of Royal Forests annulled — Impressment declared illegal — Acts against Dissolution of Parliament without its own consent, and To disable the Clergy from exercising temporal jurisdiction — Adjournment of the Parliament — Schism in the Constitutional Party — Defections from the popular ranks — The King's view as to the invalidity of statutes — Threatenings of force — The Parliamentary Leaders resolve to appeal to the People — Journey of the King to Edinburgh — its object — Negotiations for giving office to the popular leaders — Alarm caused by the ' Incident ' in Scotland, and the Rebellion in Ireland — Reassembling of Parliament, Oct. 1641 — Motion of Pym on the new Army Plot — The Grand Remonstrance laid on table of the House — organized Court opposition to it — seven days' debate — the final debate — The Remonstrance carried by eleven votes — Character of its contents — Motion to print the Remonstrance — Protest of Mr. Palmer — Impeachment and attempted Arrest of the Five Members — Its critical nature — Question of the Militia — End of the Constitutional Contest between Charles I. and his Parliament — The Revolutionary Period, 1642-1660 — Results of the Revolutionary Period

Chapter XV The Stewart Period From The Restoration To The Passing Of

THE BILL OF RIGHTS (A.D. 1660-1689). Charles II. (1660-1685). Chief constitutional statutes of his reign — Abolition of military tenures — Act against tumultuous petitioning — Right of Subject to petition the Crown and Parliament — Its historical development — Appropriation of supplies — Growth of National Debt — Commission of Public Accounts — Habeas Corpus Act, 1679 — Ancient remedies for illegal detention — Their inadequacy — Abortive attempts at a remedy — Jenkes's case, 1676 — Provisions of the Habeas Corpus Act, 1679 — Its defects — Remedied by Bill of Rights and Statute 56 Geo. 111. c. 100 — Acts against Nonconformists — Corporation Act, 1661 — Test Act, 1673 — Events which led to its being passed — Parliamentary Test Act, 1678 — Act of Uniformity, 1662 — Conventicle Act, 1664 — Five-Mile Act, 1665 — Persecution of Nonconformists — Attempts at comprehension — Origin of the Whig and Tory parties — and of their names — Differences in principle between the two parties — The Exclusion Bill — Its failure, and prostration ofthe Whigs — Despotic power of Charles II. during the last years of his reign— James II.

(1685-1688). His despotic designs — Circumstances favourable to them — Illegal levy of the Customs — A Parliament summoned — Its servile character — Its opposition to the King's design to overthrow the Test Act punished by prorogation and ultimate dissolution — Increase of the Standing Army — Growth of Standing Army — The dispensing b Contents. XVIII PAGE 581—628 power— Hales '_• case — Deprivation of the Vice-Chancellor of Cam bridge—Expulsion ofthe Fellows of Magdalen College, Oxford— New High Commission Court— The King's Declaration for Liberty of Con science — Its motive — It is generally resisted by the Nonconformists — Second Declaration of Indulgence — Ordered to be read in all churches — Imprisonment and prosecution of the Seven Bishops — Invitation to William Prince of Orange — James endeavours to retrace his steps — Efforts of Louis XIV. on his behalf— Landing of the Prince of Orange — Flight of James — William is requested to assume the provisional government — The Convention Parliament — Parties in the nation — Resolutions of the Commons — Opposition in the Lords — They give way, and vote that William and Mary be proclaimed King and Queen — The Commons suggest conditions — Postponement of reforms — Declaration of Right — Tender and acceptance of the Crown — Salutary consequences of the Revolution — Text of the Bill of Rights, with notes .........