arrest: Bishop of St. David's case-Prior of Malton's case-Statute

11 Hen. VI. Petition of Commons, 5 Hen. IV.-Atwyll's case-

Thorpe's case-Ferrer's case; Commons release a member by their

own authority-Speech of Henry VIII.-Smalley's case-Case of Sir

Thomas Shirley-Stat. 1 James I.; first legislative recognition of the

privilege-Abuse of the privilege-Arrest for contempt of Court-

Lord Cromwell's case-Privilege not available on refusal to obey writ

of habeas corpus-Privilege not asserted on committal for contempt of

Court-But still subsists-(3) Right of Commons to determine con-

tested elections-Early Abuses in Parliamentary elections-Regulated

by Statutes-Commons first intervene in election disputes temp. Ric. II.

-Nowell's case-Case of County of Norfolk-Goodwin and Fortes-

cue's case Case of Ashby . White-Case of 'The Aylesbury Men'

-The County Franchise enjoyed by all Freeholders-At its maximum

under Henry IV. First disfranchising statute, S Hen. VI.; forty

shilling freeholders-Both electors and elected required to be resident

-Knights of the Shire required to be of gentle birth-Valetti in Par-

liament-Property qualification of members-Borough Elections-

Who were the electors in boroughs?-History of Regencies-Parlia

ment 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. 1483-1603)—REIGNS OF HENRY VII.,

HENRY VIII, 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-Insurrections in 1488 and 1497-Benevolences-Mor-

ton's Fork-Empson and Dudley-Parliament seldom summoned—

His riches made him practically independent-HENRY VIII.: Taxation

-Wolsey's attempt to intimidate the Commons-Forced loans and

benevolences-Privy Seals-Treatment of Reed and Roach-Release of

the King's debts by Parliament-New treasons created by statute-illus-

trious victims-Bills of Attainder-Act giving the King's proclama-

tions the force of law-Causes of the increased power of the Crown-

Popularity of Henry VIII.-Consolidation of the Kingdom-Wales-

Ireland-Poyning's Law-EDWARD VI. and MARY: character of

their civil government-Law of Treason-Proclamations-Insurrections

of 1549-Their origin-Act against unlawful assemblies-Violence of

Mary's reign-Powers of a Queen Regnant settled by Act of Parlia-

ment-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 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 Asportatis Religiosorum, 35

PAGE

307-362

• 363-398

-

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 Combuendo,

1401-Petition of the Commons for a secularization 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 Wittemberg, 1517—

Henry VIII. disposed to curb ecclesiastical abuses, but opposed to

doctrinal changes-Ile 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 1.: 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 pracmunire-Pardoned on

payment of a large sum and admitting the King's supremacy --The

laity in a praemunire-Pardoned by Act of Parliament-Sess. 111.:

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

Supremay-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-P'ersecution-MARY-Re-establish-

ment of Papal religion-The Marian persecution-The Reformation

promoted by it.

PAGE

399-439

CHAPTER XII.

THE TUDOR PERIOD-REIGN OF ELIZABETH (A.D. 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-The
Catholics in favour of hereditary claims of Mary Queen of Scots-Title
of House of Suffolk-Harsh treatment of Lady Catherine Grey-

Treason of Edraund 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 Campian-Torture in England-Plots against the Queen's life—
Association for her defence-Act against Jesuits, 1585-Execution of
Mary Queen of Scots, 1587-Spanish Armada, 1558-—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-
ment- -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 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, 158S-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
Smiths Commonwealth.'

440-486

CHAPTER XIII.

THE STEWART PERIOD (A.D. 1603-16SS)—I. FROM THE ACCESSION
OF JAMES I. 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,' 1008 --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. 1810.
Parliament dissolved, Feb. 1611-James attempts to rule without l'ar-

liament-Ilis 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

inendams, 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. 1022-Imprisonment of Members-Fourth Parliament, 1624.

Act against Monopolies-Constitutional results of James's reign-

CHARLES I. (1025 1049)-His political character-First Parliament,

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

Speech of Sir R. Cotton -Second Parlament, 1020. 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, Kolle's case-Charles

renounces right to levy Tonnage and Poundage—Conservative position

of the Commons in politics and in religion-l'osition 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 l'arliament,

March, 1629

PAGE

487-554

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

THE RESTORATION (A.D. 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-

XX

'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

Its characteristics-

Peers at York-The Long Parliament, 1040.

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 Foundage not to be levied

without consent Ship-money abolished Star Chamber abolished

High Commission Court abolished --Purveyance restricted-Compul-

sory Knighthood abolished-Extensions 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 the invalidity of statutes-The

Parliamentary Leaders apprehensive of danger-and resolve to appeal

to the People-Journey of the King to Edinburgh—its object-Nego-

tiations 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 Remon-

strance 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-Note on Collisions between the two

Houses

PAGE

555-614

CHAPTER XV.

THE STEWART PERIOD-III. 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-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