Treason of Edmund and Arthur Pole-Effect of Mary's flight into PAGE
England-Rebellion of Duke of Norfolk and of Earls of Northumber-
land and Westmoreland, 1569-Bull of Pius V., 1570-Statutes of
1571-Jesuits and missionary priests in England-Act of 1581-The

Jesuit Campion-Torture in England-Plots against the Queen's life-

Association for her defence-Act agianst Jesuits, 1585-Execution of

Mary Queen of Scots, 1587-Spanish Armada, 1588-Act of 1593-

Persecution of Protestant sectaries-Archbishop Parker's 'Advertise-

ments, 1565-Puritan conventicles-Attacks on Episcopacy--Cart-

wright's Admonition to the Parliament'—Archbishop Grindal—

Archbishop Whitgift-High Commission Court established, 1583-

The oath ex officio-Martin Mar-Prelate tracts-Puritan libellers

punished with death-Influence of Scotch ecclesiastical affairs on

England-Presbyterianism in England, 1591-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 commit-

ments-Remonstrance of the Judges against them-Illegal proclama-

tions-Restrictions on printing and bookselling-Elizabeth's economy

-occasional forced loans, which are punctually repaid-Administra-

tion of Lord Burleigh-Puritan ascendancy 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 defini-

tion of liberty of speech-The Succession question again brought for-

ward by Peter Wentworth-Morice's bill for reform of ecclesiastical

courts-Causes of the general submissiveness of the Commons—

Successful opposition to Monopolies, 1601-The Poor Laws-Privi-

leges of Parliament-Storie's case, 1548-Copley's case, 1558-Hall's

case, 1581-Dr. Parry's case, 1585-Bland's case, 1586-Bribery at

elections punished-Long's case, 1571-Assertion by Commons of

right to originate money bills, 1593-The Constitution, though

frequently violated in practice, remained theoretically intact-Aylmer'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'.

445-491

CHAPTER XIII.

THE STUART PERIOD (1603-1688)—1. FROM THE ACCESSION
OF JAMES TO THE PASSING OF THE PETITION OF RIGHT.

JAMES I. (1603-1625)-Tendency of political and religious thought at his

accession-The Puritan Party-Effect of James's Presbyterian educa-

tion-His political antipathy to Nonconformity-Arbitrary nature of

his civil government-Theory of Divine Right-A conflict with the

House of Commons inevitable-James is the aggressor-First Parlia

ment, 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-The Post-nati:-Calvin's case-

Intermission of Parliament, 1607-10-Illegal impositions on Merchan-

dise-Bates's case, 1606-The Book of Rates,' 1608-Sess. IV. 1610.

Remonstrance against impositions-Complaints against High Com-

mission Court and Royal Proclamations-Cowell's Interpreter '-

King James's proclamation suppressing it-Answer of the Judges as to

legality of Proclamations-The Great Contract-Sess. V. 1610.

Parliament dissolved, Feb. 1611-James attempts to rule without Par-

liament His method of raising money-His financial difficulties-The

'Undertakers '-Second Parliament, 1614. Impositions denounced-

Bishop Neile-Dissolution of the 'Addled Parliament,' June, 1614-

Members sent to the Tower-Importance of the step-Six years of

arbitrary government-A General Benevolence-Protests against it-

Imprisonment of Oliver St. John-Prosecution of Peacham, 1615-

Collision between the King and Chief Justice Coke--Case of Com-

mendams, 1616-Independence of the Bar assailed-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 Mompesson, 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-Remonstrance of the 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 character, First Parliament,

1625. Its dissolution, August, 1625--Opposition to Buckingham—

Speech of Sir R. Cotton-Second Parliament, 1626. Impeachment of

Buckingham-The King's message-Reply of the Commons-Im-

prisonment of Members-Attack on Privileges of the Lords-Earl of

Arundel-Earl of Bristol-Hasty Dissolution, June, 1626-Expedients

to raise money-A general loan demanded and enforced-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-Subsidies granted-Tonnage and

Poundage-Prorogation of Parliament-Sess. II. 1629. Merchants

imprisoned for refusing to pay Tonnage and Poundage-Copies of

Petition of Right circulated with King's first answer annexed-Selden

complains to the House-Question of Privilege, Rolle's case-Charles

renounces right to levy Tonnage and Poundage-Conservative position

of the Commons in politics and in religion-Position taken up by King

and Laud in the religious controversy-Toleration unthought of by

either party-Question of Tonnage and Poundage resumed-The

officers who seized Rolle's goods summoned-King refuses to allow

them to be questioned, and orders the Commons to adjourn-A further

adjournment ordered-The Commons refuse-Tumult in the House-

The three Resolutions of the Commons-Dissolution of Parliament,

March, 1629

PAGE

492-559

CHAPTER XIV.

THE STUART PERIOD-II. FROM THE PETITION OF RIGHT TO

THE RESTORATION (1629-1660).

Determination of Charles I. to govern without a Parliament-Imprison-
ment 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—

'Sion's Plea against Prelacy'-Prynne, Burton, and Bastwick-Case

of Ship-money-First writ of Ship-money, 1634-Second writ, 1635—

Resistance to the collection-Third writ, 1636-Hampden's refusal to

pay-Extra-judicial opinions 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-Amendments

to Money Bills by the Lords-Charles offers to give up Ship-money for

twelve 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 re-

sumes his despotic courses-Convocation continued-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 Parliament, 1640. Its characteristics—

Speech of Pym on the state of the Kingdom-Impeachment of Straf-

ford-His execution under a bill of Attainder, 1641-Impeachment of

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-Compul-

sory Knighthood abolished-Extension of Royal Forests annulled-

Impressment declared illegal-Note on Impressment-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 invalidity of statutes [passed

without his internal assent]-The Parliamentary Leaders apprehen-

sive of danger-and 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-Re-assembling of Parliament, Oct. 1641-

Motion of Pym on the new Army Plot-The Grand Remonstrance

laid on table of the House-organised 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 contests between Charles I. and his Parliament—

The Revolutionary Period, 1642-1660-Results of the Revolutionary

Period-Note on Collisions between the two Houses

PAGR

560-619

CHAPTER XV.

THE STUART PERIOD-III. FROM THE RESTORATION TO THE

PASSING OF THE BILL OF RIGHTS (1660-1689).

CHARLES II. (1660-1685). Chief Constitutional statutes of his reign-

Abolition of Military tenures-Hereditary excise granted in exchange

-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 Ac-

counts-Habeas Corpus Act, 1679-Ancient remedies for illegal de-

tention-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. III. c. 100-Acts

against Nonconformists-Corporation Act, 1661-Test Act, 1673—

Events which led to its being passed-Bill for relief of Dissenters-

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 of the 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

power-Hales's case-Deprivation of the Vice-Chancellor of Cambridge

-Expulsion of the Fellows of Magdalen College, Oxford-New High

Commission Court-The King's declaration for liberty of Conscience

-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-William

announces his intentions-The Lords give way, and vote that William

and Mary be proclaimed King and Queen-The Commons suggest con-

ditions-Postponement of reforms-Declaration of Right-Tender and

acceptance of the Crown-The Scottish Convention-Salutary Con-

sequences of the Revolution-Text of the BILL OF RIGHTS, with

PAGE

620-667

CHAPTER XVI.

PROGRESS OF THE CONSTITUTION SINCE THE REVOLUTION.

The Act of Settlement: The Cabinet System.

The Legal Code of the Constitution-Growth of the Unwritten or Custo-
mary Constitution-Text of the ACT OF SETTLEMENT, with notes-
Law of Aliens-Growth of the Cabinet-The Concilium Ordinarium—
The Privy Council-Cabinet Council-The 'Cabal' Ministry, 1671—
Temple's Scheme for reorganisation of the Privy Council, 1679-The
Cabinet system resumed-Change in its essential characteristics-Party
government-William III. opposed to it--but adopts it on advice of
Sunderland-The Junto '-Attempted revival of ancient authority of
Privy Council by Act of Settlement-Queen Anne's dislike of party
government-Final establishment of the Cabinet system under the first
two Georges-Important effects of their indifference to English politics
-Macaulay's description of the Ministerial system-Ministry and
Cabinet not synonymous-Cabinet Council distinct from Privy Council
-Essential that Ministers should be members of the Legislature-
Secrecy of the Cabinet-The Premier-Relations of the Cabinet to the
Crown and to Parliament; to the House of Lords; and to the House
of Commons--Three-fold capacity of Cabinet Minister-Internal rela-
tions of the Cabinet-Of each member to the Cabinet as a whole, and
to its head-Increased security of the Crown and of Ministers under

Cabinet system-Exclusion of placemen and pensioners from the House

of Commons-The 'Place Bill' of 1742-Lord Rockingham's Civil

List Act, 1782-Secret Pensions-Exclusion of the Judges from House

of Commons

PAGE

668-693

CHAPTER XVII.

PROGRESS OF THE CONSTITUTION SINCE THE REVOLUTION—

(continued).

I. Kingship since the Revolution.

Legal prerogatives of the Crown untouched at the Revolution—but now

practically vested in its responsible ministers-Note on Convocation-

Personal influence of the Sovereign-Causes which tended to induce

its decline-Reaches its lowest point under George I. and George II.

-Long struggle of George III. against the Ministerial System-

Character of the King-Disastrous effects of his policy-His wretched

education-His determination to govern-His secret counsellors-

Premiership of Lord Bute, 1762-His sudden fall-Continued secret

influence-Ultimate dismissal from Court-Arbitrary measures of the

King, during the Bute and Grenville ministries-The Rockingham

ministry, 1765-Organised opposition in Parliament by the King's

friends to repeal of the Stamp Act-Ministry of Grafton and Pitt,

1766-Influence of the King attains its maximum during Lord North's

ministry, 1770–82-The Royal veto-Mr. Dunning's resolutions on the

influence of the Crown, 1780-Fall of Lord North's ministry, 1782—

Rockingham again Premier-Ministry of Lord Shelburne, 1782-The

Coalition Ministry, 1783-Opposition of the King's friends' to Fox's

India Bill, 1783-Declaration of the Commons against the use of the

King's name-Abrupt dismissal of the Coalition Ministry, 1783-

Critical relations of the King and Parliament-Mr. Pitt premier, 1783

-General Election of 1784-Triumph of Pitt and the King-The

King's personal influence diminished-but still very powerful-Diminu-

tion of personal influence of the Sovereign since the reign of George III.

-Its occasional assertion-Sudden dismissal of Lord Melbourne's

ministry by William IV., 1834-Short premiership of Sir Robert Peel,

followed by recall of the Melbourne ministry, 1835-The 'Bedchamber

question,' 1839-Sir Robert Peel's resolution of want of confidence in

the ministry, 1841-He becomes Premier-The Queen's memorandum

on the relations of a Secretary of State to the Crown, 1850-Constitu-

tional right of dismissing a minister-asserted in the removal of Lord

Palmerston from the Foreign Secretaryship, 1851--Increased power of

the Executive-Revenues of the Crown-The Civil list-Crown lands

-Private property of the Sovereign

II. The House of Lords.

Number of Peers-Rapid increase under the Stuart Kings-Addition of
16 representative peers of Scotland in 1707-Attempts to limit the
prerogative of creating peers-Profuse creations under George III.—-
Pitt and the peerage-Addition of 28 representative peers of Ireland in
1801-The Peerages of Scotland and Ireland-Changes in Character
and Composition of House of Lords-Its political position-Its oppo-
sition to the Reform Bills of 1831-32-overcome by threatened crea-
tion of peers-Earl Grey's vindication of the proposed creation-An
extraordinary creation of peers equivalent to a dissolution of the House
of Commons-Political weight of the Upper House affected by small
attendance and indifference to public business of great body of its

694-718