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of national local force-Superseded by standing army at end of 17th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

146—193

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.

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 ʼ-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
fillé 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-Buli Clericis Laicos—'Maltolte' on wool-
Infractions of Magna Charta-Foreign service-Earls of Hereford and

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-

-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.

261—309

(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

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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 Asportalis 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, 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, 15174

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 .

403-444

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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-

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