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case, 1676- Provisions of the IIabens Corpus Act, 1679–Its defects PAGE

- Reme lied by Bill of Rights and Statute 56 Geo. III. c. 100—:\cts

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

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

Parliamentary Test .Ict, 1675—.Ict of Uniformity, 1662 - Convenwele

Act, 1664-Five Mile .lct, 1605—l'ersecution of Nonconformists-

Attempts at comprehension-Origin of the Whig anl Tory parties -

and of their names - Diferences in principle between the two parties

-The Exclusion bill-Its failure, and prostration of the Whigs --Des-

potic power of Charles II. luring the last years of his reign-JAMES

II. (1083-16SS). llis despotic clesigns-Circumstances savour.ible to

them-Illegal levy of the Customs -. Pirliament summoneil-Its
Servile character--Its opposition to the king design to overthrowthe
Test Act punished by proroguion and ultimate dissolution-Increzie
of the Standing Arny - Virowth of Stanling Army-The dispensing
power-Tilis's casi – Deprivation of the Vice-Chancellor of Cam-
brielge-Expulsion of the liellows of Magelalen College, Oxfuri-lew
Iligh Commission Court The King's Declaration for Liberty of
Conscience--les motive--It is generally resistcil by the Vonconformisis
- Second Declaration of Includirence-Orilereil tole read in all churches

--Imprisonment and prosecution of the Seven Bisliopi-Invitation to

William l'rince of Oringe - James enerouts in reince his steps

tionis or Louis XIV. on liis belall-Landling of the Prince of Oringe

-Flight of James-Willium is requested to assume the provisional

government - The Convention Arlizment- lurties in the nation-

Resolutions of the Commons-Opposition in the Lords - William an-

nounces his intentions—The Lorils give way, and vote that William and

Mary be proclaimed king and Queen- The Commons suggest conili-

tions—l'ostponement 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 Rigurs, with

615–661

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 reorganization

of the Privy Council, 1679- The
Cabinet system resuml - Change in is 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-Vinistry and
Cabinet not synonymous—Cabinet Council diyinct 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

PROGRESS OF THE CONSTITUTION SINCE TIIE REVOLUTION-

(continuid).

I. Kingship since the Revolution.

Legal prerogatives of the Crown untoucher at the Revolution-but now

practically vested in its responsillo ministers-.Vote on Convocation --
l'ersonal insluence of the Sulereign---Causes which temel to inducu
its decline-Reaches its lowest point under George I. and Givorse Il.
- lung struggle of George III. against the Ministerial systein-
Character of the King, Disil-trous cliccts of liis policy-llis wretched
educa: i0n-llis determination 10 govern-Ilis ccrct counsellora---
Premiership of Lurid livic, 1562--Ilia suvilen fall-Continued secret
iniluence- limare diminel from Court - Irbitrary measures of the
king luring the bute ani Grenville ministries-The kickingham
ministry, 1705–Organizel opposition in Purliament by the king's
friends to repeal of the stamp IciMinistry of Graiion and litt,
1706– Influence of the King attains its maximum during Lori North's

ministry, 1770-S2-The royal zuto-r. Dunning's resolutions on the

influence of the Crown, 1780-tall of Lord Vorih's ministry, 1782-

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

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

India Bill, 1753— 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, 175;

-General election of 1751–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 l'eel,

followed by recall of the Meibourne ministry, 1835–The .Dedchamber

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 disinissing a niinister-asserted in the removal of Lord

Palmersion from the foreign Secretaryship, 1851– Increased power of

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

- Private property of the Sovereign

6S7--711

II. The House of Lords.

Number of Peers— Rapid increase under the Stewart Kings-Addition or

16 representative peers of Scotland in 1706- 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 Peerage 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 Lpper Ilouse affected by small
attendance and indiff ence to public Lusiness of great body of its

members, and by practice of giving proxies - Proxics discontinued PIGE

since 1868- Attempts to revive life peerages

711-718

III. The House of Commons.

Number of members-Defects of the representative system-Scottish repre.

sentation - Irish representation-Bribery of members-Parliamentary

Reform avvocitel by Lord Chatham in 1700-Wilkes' scheme of

reform 1770 -lir l'izi's advocacy of reform, 1753-5; -The question

revivel alter the l'ulce of 181; -1.2-sing of the leform Jee ot'15;2 –

The principal provision - Tlie Scorch and Irinha Reform .\cis, 19;2-

The Reform Ice of S67-Scotch and Irish licform .Icts 1805-

Electors of the United Kingdom Suppression of brillery and

intimisation at Elections The Ballot Ici, 1572 Summon,

duration, and intermission of Parliament The Pirliament or

1399 - Convention Parliament of 1600 - Convention lrliament

of 16SS — Triennial Ict, 1041 – Triennial Act, 1004 – Septennial

.Ici, 1770.--.Mlumpuls to repeal the septennnl.lv:lbrogation of oled

rule the l'irliament als dissolved by ideath of the Sovereign-lrivi.

lengre of luciument since the Revolution-sometimes wichied lov the

lacentive for oppression of popular liberty Eipulini of sir k.

Stecke, 1714-I'rocceiling against Wilhe's, 1763-1line pulsion from

the Iluline - Declarei incipiile of recicction, 1709-Theorieclaration

capenged from the Journal of the Commons, 17.50-Disequalitication of

members-Cases of Smith O'Brie!ı, 1949, O Donovan Resil, 1970,

Jolin Mitchell, 1875-.\buse of privile re of Commitment-(2-c of the

printer list, 1721-Case of Mr. llexMurray, 1751-Cave of Sir

Francis Burilett, 1910-- Publication of Debates--Mutives for secrecy

-The 'Diurnal Occurrences of l'arliament': 1641-1600-Voies and

proceelings orlered to be printed, 16S0-Debates published anony.

mously-Complaints of unfairness-Contest with the Printers, 1771–

and with the Loril Mavor and Aldermen of London - The Loril Mayor

(Brass Crosby) and Allerman Oliver committed to the Tower- Report-

ing still a breach of privilege-Exclusion of strangers-Resolution of

the house, 1975– Facilities afforded for reporting-l’ublication of

Division lists-and of Parliamentary Reports and papers-Political

results of reporting-Contlict between the Commons and Courts of

Law as to publication of papers aftecting character-Stockdale v. Han.

sard – Right of Parliament to publish established by Act 3 di 4 Vict.

c. 9-1Vison v. Walter, 1968 :

718–747

IV. Growth of Religious Liberty.

Toleration Act, 1689–Toleration only partially established— Temporary

re-action under Anne-Acts against Occasional Conformity and the

Growth of Schism, 1711, 1713- Annual indemnity Acts under George

II.-Lord Ilardwicke's Marriage Act, 1753-Relaxation of penal religious

code under George III. - Principles of Toleration upheld in judgment

of House of Lords in case of the City of London and the Dissenters,

1767–Roman Catholic Relief Acts, 1778 and 1791-Statutes relieving

Dissenters from religious disabilities — Their civil disabilities-Early

attempts at relief, Repeal of Test and Corporation Acts, 1828–

Roman Catholic Emancipation Act, 1829–Repeal of penalties afiec.

ting Roman Catholic religion and education-Completion of Civil

enfranchisement of Dissenter;--Jewish disabilities-mission of Jews

10 l'arliament, 1958-Civil registration of births, marriages, and leatles,

1936-Vissenters' Marriage Lill, 1836 – Universalies Test Ict, 1971 · 747–756

V. Liberty of the Press.

The Censorship-The Press under James I. and Charles I. — The first

lewspaper, the Ilickly Neris, in 1623-Continuance of the

ENGLISH

CONSTITUTIONAL HISTORY.

CHAPTER I.

FROJ TIIE TEUTONIC CONQUEST OF BRITAX TO THE

VORJAS CONQUEST OF ENGLAND.

The first step in a history of the Institutions of the Origin of the English people is to determine the elements of the English English. nationality. It is not unusual to speak of the English as a mixed race formed out of the fusion of the Britons, the Anglo-Saxons, the Danes, and the Normans; but this form of expression is apt to convey an erroneous idea of the facts. No modern European nation is, indeed, of pure unmingled race; yet in all some one element has maintained a clear and decided predominance. In the English people this predominant element is the German, or Teutonic. The Teutonic conquest of Britain was something more Teutonic than a mere conquest of the country: it was in all senses

conquest

of Britain, a national occupation, a sustained immigration of a new A. D. 450

600. race, whose numbers, during a hundred and fifty years, were continually being augmented by fresh arrivals from the Fatherland.

Before the end of the 6th century, the Teutonic invaders had established a dominion in Britain, extending from the German Ocean to the Severn and from the English Channel to the Firth of Forth. The Britons were soon driven into the western parts of the island, where they maintained

B

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