2. Terms of the Final Settlement: summary of the act restoring the royal supre-

macy; persecuting statutes repealed; penalties for recognizing the papal supre-

macy; papal prerogatives now annexed to the crown and not to the sovereign

personally; origin of the Court of High Commissions; new oath of allegiance

and supremacy; new Act of Uniformity; preliminary proclamations; secret

commission to draft a new prayer-book; "low church" prayer-book of 1552

annexed as a schedule to the Act of Uniformity; after enacting other important

legislation, parliament dissolved in May, 1559

Defiant spirit of convocation under the presidency of Bonner; protest of the
Marian bishops and clergy against Elizabeth's innovations; reorganization of
the episcopate; means of removal furnished by the Act of Supremacy; all the
bishops refused the oath, except Kitchin of Llandaff; how to fill the vacancies
a difficult problem; the vacant see of Canterbury; failure of the first attempt
to consecrate Dr. Parker; the second commission with the sanitary clause;
Parker finally consecrated according to a form which existed in the reign of
Edward VI.; he takes part in the consecration of all the rest.

Spirit of resistance manifested by the bishops did not extend to the inferior clergy;

English Church definitely allied to the cause of the Reformation; Elizabeth

refused to send representatives to the Council of Trent; the Eleven Articles of

1559-61; the Thirty-nine Articles adopted in 1563 in a convocation which sat

under the presidency of Parker; reviewed in 1571, and made binding upon the

clergy by act of parliament; composite character of Elizabeth's work; Roman

Catholics and extreme protestants both refuse to accept the result; a bitter

warfare against both

.

3. Struggle of Elizabeth with the Catholic Party: regulation of religious wor-
ship assumed to be a state function; statutes designed to punish the offense of
non-conformity to the state church; at first only an outward uniformity de-
manded, but freedom of public worship denied; Elizabeth put an end to burn-
ings for heresy; tolerant treatment of the inferior clergy; tendency of English
catholics to outward conformity checked by a papal brief in 1562; the counter-
blast, the act of 1563, the first of the series for the oppression of Roman
Catholics; contents of the act; moderation of the primate in its enforcement;
Horne tendered the oath to Bonner; legal status of the new bishops ques-
tioned in the queen's bench; controversy ended by an act passed in 1566.

The scheme for the deposition of Elizabeth to be carried out by the pope, Philip,

and the English catholics in favor of Mary Stuart; Mary's claim to the succes-

sion; forced to abdicate in favor of her son, James VI. of Scotland; a prisoner

in Elizabeth's hands; the threatened Spanish invasion in her behalf; failure of

the rising in the north which took place in November, 1569; bull of excom-

munication and deposition published in March, 1570; two statutes passed for

the queen's protection; the first to prohibit the publication of papal bulls; the

second to punish those who should claim the crown during the queen's life;

oppression of the Roman Catholic priesthood; the college at Douay; another

at Rome; fresh legislation against Roman Catholics in 1581; torture and con-

viction of the Jesuit, Campian; association formed for the protection of the

queen's life; an act legalizing the association passed in 1584; under that act

as amended was constituted the commission which, in 1586, condemned the

Queen of Scots; persecution of catholics continued; the act of 1593 increasing

154

156

158

160

the penalties of recusancy; result of Elizabeth's persecution compared with that

of Mary's

163

. 168

4. Struggle of Elizabeth with the Puritan Party: the Bible as the only
source of inspiration; Tyndale's translation of the New Testament; Lollard
ideas live on until the reign of Henry VIII.; influence of Luther supplanted by
that of Calvin; Calvinistic system of church government; a commonwealth of
independent, self-governing churches; the source of authority the sovereign
Christian man; his right of private judgment; the new Christian democracy
denied the religious supremacy of kings; also the authority of the episcopate ;
reformers declared their purpose to substitute for the ancient a simple and
"pure" form of doctrine; the Scotch "covenant" of 1557; Calvinistic ideas in
England; the Marian exiles sought refuge at Zurich and Geneva
The inevitable conflict between Calvinistic ideas and the state church as reëstab-
lished by Elizabeth; the queen's personal predilections; first opposition to the
state church arose from within from a party called Puritan; coercive measures
taken in 1565 against Puritan clergymen; those who refused to conform were
deprived; thus driven to open schism; a separate conventicle suppressed in 1567;
Puritan assault upon the episcopate led by Cartwright; Hooker's "Ecclesiasti-
cal Polity" an answer to Puritan dogmatism; the polemical discussions called
"prophesyings;" Grindal, who refused to suppress them, sequestered; suc-
ceeded by Whitgift, who proceeded with the aid of the high commission; Mar-
tin Mar-Prelate tracts; forced interpretation put upon the act of 1581 in order
to punish Puritan "libellers;" the state church reinforced by the adhesion of
many moderate Roman Catholics; fresh assault made upon recusants and
non-conformists by two acts passed in 1593

170

5. Court of High Commission in Causes Ecclesiastical: Henry VIII. gov-

erned the church first through his vicar-general; and then by means of royal

proclamations and commissions, which for a time superseded synodical canons;

Elizabeth authorized by the Act of Supremacy to govern through commissions;

the permanent Court of High Commission created in 1583; its jurisdiction as

defined in the commission; a statutory limitation in cases of heresy; authorized

to administer the ex officio oath, but could not impose the death penalty; pun-

ished not only non-conformity and clerical improprieties, but lay immorality;

its conflict with the courts of common law; abolished by an act of the Long

Parliament

173

6. Constitution of the Council in the Days of Elizabeth: Tudor system of

government drew its strength from the moral force of the royal authority; the

council the great organ of administration; its agencies; Ireland, Jersey, and

Guernsey controlled by the council; courts-martial as agents of the council; im-

properly employed in times of peace; the council gradually transformed from

an independent body into a corps of royal officials; reinforced by commoners,

who assumed the more active duties; divided into committees, to each of

which special duties were assigned; origin and growth of the office of secretary;

becomes a member of the council ex officio; Robert Cecil becomes "principal

secretary of state; " the privy council; division of its members into two classes;

the inner or working body transformed into the cabinet of modern times . . 176

The council supervised the entire state machinery and punished individuals
directly; the council a legislature, law court, and administrative body; the

ordaining power of the king in council; the law of the land which it could not

alter; parliament gave to the proclamations of Henry VIII. the force of law;

proclamations continued to be issued after the repeal of 31 Hen. VIII. c. 8; the

ordaining power as exercised by Mary and Elizabeth; the practice contrasted

with the legal theory

.

The council sitting as the star chamber; its vast powers as a court of original

jurisdiction; its supervision of the law courts; its censorship of the press; the

censorial power strictly organized under Elizabeth; printing without a special

license prohibited; the monopoly known as the Stationers' Company; to the

star chamber can be traced the beginnings of the law of libel; right of individual

councillors to order arrests; the remonstrance made by the judges in 1591

against that right; admission of the right when exercised by the council as a

whole.

179

. 181

183

As an administrative body the council controlled the finances, commerce, the
church, and the public peace; also the affairs of the colonies; and to a certain
extent all branches of political administration at home

7. Development of Local Institutions: England an aggregation of local, self-

governing communities; the township became involved in several distinct rela-

tions, from each of which it derived a new title; the village community as the

tun or township; the township as the tithing; the township as the manor; the

manorial court; the township as the parish; the parish vestry; the township

generally known as the parish, which survives as a fundamental institution of

the state

. 183

The composite machinery of the parish; who are members of it; the rector as its

ecclesiastical head; church-wardens as parish officers; their right to summon

the vestry meeting, in which every person present has an equal right to vote;

origin of the right to make by-laws; right of the parish to levy taxes begins

with the imposition of the church rate; originally a voluntary contribution;

afterwards imposed by the wardens as a common burden, after consultation;

parochial and parliamentary taxation compared; the basis of parochial taxation;

upon the liability to contribute, as evidenced by the parish register, rested the

status of the parishioner

185

.

During the Middle Ages the church provided for the poor by means of tithes ;

the state undertook only to punish begging and vagrancy; care of the poor

became the special business of the monasteries; their dissolution finally cast the

duty upon the state; first assumed by 27 Hen. VIII. c. 25, which provided only

for voluntary contributions; duty of the church-wardens; 5 & 6 Edw. VI.

c. 2; compulsory contributions inaugurated by Elizabeth; the great act of 39

Eliz. c. 3, upon which the English system of poor relief has since rested; a

parochial tax imposed as a general and uniform burden; how assessed; how

applied; poor-houses; work-houses; the poor-rate the basis of all parochial

taxation

The parish and the public highways; the trinoda necessitas, originally a personal

obligation, finally imposed upon the holding of all land by freemen; the par-

ishes maintain the roads, the counties the bridges; the statute of bridges (22

Hen. VIII. c. 5); common-law obligation to maintain the roads enforced

against the parish by indictment; surveyors of highways created by 2 & 3

Phil. & Mar. c. 8; a highway rate assessed by justices of the peace; the

188

.

190

open vestry gradually hardened into a close corporation known as the select

vestry.

Development of the system of county administration; justices of the peace, in

their courts of quarter sessions, try all lesser offences originally punished in the

courts-leet; all serious offences reserved for the courts of assize; the quarter

sessions control the local police system; courts-leet become obsolete; the quar-

ter sessions as the supreme administrative body of the county; made a general

court of appeal by 43 Eliz. c. 2, s. 6; the justices supervise the poor-law system

and the management of highways; Tudors strengthened the control of central

over local administration

Tudors reorganized the militia; the Norman host composed of both feudal and

national elements; mercenary soldiers sometimes added; primary duty of the

militia national defence; feudal array and military service abroad; such service

commuted for the money payment called "scutage; " how the great lords were

deprived of their military followings; an artificial vassalage created; livery and

maintenance; the crown contracts with the feudal array as reconstituted; the

new military households become hotbeds of disorder; the system of liveries

extinguished by Henry VII.; by the end of his reign the feudal array practi-

cally abolished

192

194

Henry II.'s Assize of Arms reviving and rearming the county militia; the system

of Watch and Ward perfected through a union with the county militia, which

was placed under the command of civil officers; the hue and cry; the scheme

as perfected by the Statute of Winchester; 1 Edw. III. c. 5 enacted to prevent

the employment of the militia abroad; such service to be compelled only by

parliament; Henry VIII.'s commissioners of array; 4 & 5 Phil. & Mar. c. 2;

legal recognition of forced recruiting and the office of lord lieutenant; Tudors

able to maintain themselves without a standing army.

. 196

8. Beginning of the Conflict between Crown and Parliament: the

crown as the motive power of the state machinery; it dominated both council

and parliament; centre of gravity of the state shifted from parliament to coun-

cil; closer organic connection between the systems of local and central admin-

istration; the new conception of liberty born of the Renaissance and the

Reformation; relation of the two movements to each other; Calvinistic con-

ception of a Christian commonwealth adopted by the Puritans; resistance to

princes in all matters of conscience

Rise of the middle classes; the backbone of the landed gentry the freeholding
knighthood; simply a distinguished social class with open ranks; esquires;
their right to represent the shires in parliament; a title finally applied to all
who were known as gentlemen; possession of land the most necessary qualifi-
cation; how the acquisition of small states was facilitated; removal of feudal
restraints upon alienation; power of the humblest individual to rise in the social
scale until the peerage itself was reached

The new spirit of liberty enters into the progressive middle class; a growing inde-
pendence appears in the reign of Edward VI.; the crown forced to manage"
the commons; creation of new boroughs by Edward, Mary, and Elizabeth;
what the Puritan opposition to the Tudor system accomplished.

Parliamentary privileges asserted in the reign of Elizabeth; the right to deter-

mine contested elections; Nowell's case; case of the county of Norfolk; right

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200

202

of the house to punish its members; Storie's case; Copley's case; right of
expulsion, cases of Hall and Parry; right to punish a person not a member;
right to release by the authority of the mace alone; right to punish bribery at
elections; right of the house to originate money bills assailed in 1593; freedom
of speech defined at a later day. .

Crown claimed the right to initiate all legislation touching the succession and the

church; right of parliament to deliberate upon all questions of state denied ;

commons ventured to discuss the marriage of Elizabeth; question of the succes-

sion linked with that of supply; Dalton, who ventured to discuss the Scottish

title, arrested by royal order; Elizabeth forced to yield for the moment, but

reasserted her pretensions in 1571 and in 1593; imprisonment of Wentworth

and Bromley

.

202

204

Henry VIII.'s assumptions as to ecclesiastical legislation; he drafted and pro-

posed the Reformation statutes which parliament ratified; Elizabeth resisted

the attempt of the commons to pass bills concerning the ritual; Strickland's

reprimand; the queen yielded to the cry of privilege; fate of Mr. Cope's bill

to introduce a new book of common prayer; the speaker forced to deliver up

bill and book; Wentworth propounded questions as to parliament's unlimited

right of deliberation, for which he and others were imprisoned; fate of Morice,

who attempted to reform the practice of the church courts

. 206

In spite of reverses the privileges of the commons steadily grew under Elizabeth;

right of the crown to control commerce and trade; special privileges bestowed

upon certain cities and towns; valuable commercial privileges granted to individ-

uals; Mr. Bell rebuked for questioning such monopolies; the queen's plea for

her prerogative made in 1597; the commons, nevertheless, attacked the monop-

olies in 1601; Elizabeth yielded gracefully, and received the thanks of the house;

the crown thus lost the first battle in the great struggle now begun

208

BOOK V.

THE STUARTS AND THE PURITAN REVOLUTION OF 1640.

CHAPTER I.

JAMES I. AND THE CONSTITUTIONAL CONFLICT.

1. Title of the House of Stuart: Tudor theory of the right of succession; settle-
ment made by Henry VIII.'s statutes and will undisturbed by Elizabeth; repre-
sentatives of the house of Suffolk; why the crown was diverted from that house
to that of Stuart; Cecil pledged himself to James in obedience to the popular
will; council ignored all other claims

2. James' Theory of Indefeasible Hereditary Right: the "Basilicon Doron;"

James' title confirmed by parliament; effect of James' conflict with the Scotch

kirk as organized by Knox and Melville; in 1580 bishops abolished and presby-

terian system completed; in 1584 the work undone by hostile legislation; in

1592 Calvinistic organization reëstablished on a legal basis; Melville defined

James' relation to the new system; James espoused the cause of the bishops;

210