LONDON:

BRADBURY AND EVANS, PRINTERS, WHITEFRIARS.

83.

uired

were made before it was acq

by the library.

GENERAL LIBRARY,

UNIV. OF MICH.

CONTENTS.

INTRODUCTORY

ESSAY ON ENGLISH FREEDOM

UNDER PLANTAGENET AND TUDOR SOVEREIGNS,

pp. 1-109.

§ I. THE PLANTAGENETS

PAGE

I-64

Purpose of this Essay. Pofition taken up by Charles the First's

opponents. Records and Titles of English freedom, 1. Burke

on our history. Precedents in older time. Charter of Henry the

Firft (1100). Difficulty of fuppreffing a charter, 2. HENRY

THE FIRST. Royal conceffions not refumable. Imperfect judg-

ments in history. Strength and weakness of Norman kings, 3.

Bafis of Saxon conftitution. Adopted by the Conqueror and his

fons. Origin of Feudality. Its burdens and modes of tenure, 4.

Natural confequences of Feudal System. Its development. He-

reditary Succeffion. Extinction of Vaffalage. The Crufades, 5.

Feudal Inftitutions improved. Influences of Chriftianity. Seeds

of Commerce and Literature. HENRY II, 6. First Plantagenet

King (1154). Gains to civil freedom. Difpute of Henry II

and his Primate. Becket's scheme, 7. Henry's oppofition,

What the struggle involved. Character of Henry. Complete

victory to either not defirable, 8. What was due to the Church.

What Henry II gained. Ranulf de Glanville, Tractatus de Le-

gibus et Consuetudinibus Regni Anglia. Appointment of circuits

for judges (1176), 9. RICHARD I (1189). New relations

between throne and barons. Independent oppofition to Crown.

Beginning of struggles of party, 10. ARTHUR'S claim to the

fucceffion: fought only in French provinces. The English

Crown not heritable property. Sovereignty elective. Nor-

mans defer to Saxon principle, 11. Coronation of JOHN(1199).

Treasons the feed-plot of Liberty. Legitimacy or Election?

Why John preferred to Arthur, 12. Henry II's policy unfettled

by his fons. Monarchy and ariftocracy in conflict. People

choose their fide alternately, 13. Character of John. His defer-

tion of both fides. Uses of a bad king. What the triumph of

the Barons involved, 14. Party fpirit and its refults. English

King ftripped of French conquefts. Conduct of the Barons.

ter.

Growth of national feeling, 15. Common cause against foreign-

ers. Alliance of lords and citizens. King's furrender to Pope

(1213). Freedom's debt to John, 16. Confederacy against

King. Character of Langton. His fervices to English freedom.

First day at Runnymede (Tuesday 16th of June, 1215), 17.

Faith in Langton. Fourth day: CHARTER figned. Its general

character. Confirmation of exifting liberties. Principles latent

in it, 18. Remedial provifions. Guarantees of franchises. Re-

drefs of perfonal wrongs, 19. Central courts of law. Levies of

aid limited. Conftitution of Great Council. Forms of fum-

mons thereto hateful to fucceeding princes, 20.
Minor pro-

vifions. Securities for liberty and property. Juftice not to be

denied or fold. "Nullus liber homo," 21. All freemen to be

tried by their peers, 21, 22. Extenfion of relief to fub-vassals.

Effect of Charter in later times. Its power of expanfion, 22.

Substance shaping Forms. Violations and reaffertions of Char-

HENRY III (1216), 23. EARLIEST COUNCIL NAMED AS

A PARLIAMENT. Supply conditional on redrefs. Control of

money by Parliament. Appeal of Henry III to People. Similar

appeal from Barons, 24. Jealoufy of French favourites. Struggle

for
power transformed to war of principles. Rife of merchants

and tradefmen. Guilds and Charters, 25. Privileges and rights

ceded to middle class. King's fummons for parliament not

obeyed (1233). Political ballads. Attack upon the Favourite,

26. General difcontent. Grievances reported and Redress de-

manded (February, 1234). Parliament affembled and Favourite

difmiffed (April, 1234). Minifterial responsibility and Parlia-

mentary control, 27. Diftrefs, Redrefs, and Supply. Securities

for public faith. Law fyftematifed (Bracton, 1250). Curia

Regis, 28. Cabinet of the King. A memorable assembly (2nd

of May, 1258). The Great Council under Normans: not a

Houfe of Lords: not hereditary, but representative, 29. Germs

therein of larger fyftem. Break-up of elements of Council.

Diftinctions and grades of rank. Varieties in writs of summons,

30. Peculiarities of feudal representation. Aid for Protection.

Leffer tenants reprefented by larger, 31. Tranfition from feudal

to real rights, 31, 32. Language of writs of fummons. Fictions

foreshadowing truths. Forms conveying Substance, 32. Com-

miffions of inquiry in fhires. Old inftitution adapted to new

ufes (1223). County representation begins. Collection of taxes

(in 1207 and 1220), 33. Beginning of the end. Vague for-
mation of authority of Commons. Gradual steps thereto (1214).
Scheme to obtain money from fhires (1254), 34. Knights to
anfwer for their counties. Reprefentatives to impofe taxes. One
chamber at Westminster: feparate fittings elsewhere, 35. Ad-
miffion of third estate, 35, 36. Knights fit with Lords. Lords
pay, fitting in their own right. Knights are paid, fitting for
others. County rates, 36. Wages of knights levied on entire
county. Election by full County Court. All freeholders com-

PAGE

prifed and reprefented by knights of fhire, 37. Results of

fuch representation. Ages prepare what the hour produces.

Six eventful years. Writs for FIRST HOUSE OF COMMONS

(14th of December, 1264), 38. Rights gained once, gained

always. Power of Commons ever growing. EDWARD I (1271).

Election of Sheriffs, 39. Great Statute of Winchester (1284),

39, 40. EDWARD II (1307). Creation of Royal Boroughs.

Equal power claimed for Commons. Provifion for affembling of

Parliaments, 40. Confirmations of Great Charter. Attempts

to impofe taxes without Parliament. Money fupplies made con-

ditional. EDWARD III (1327). Statute of Treafons. Acts

against Confcription, 41. No forced preffing of Soldiers. Cha-

racter of Edward III. Victorious in peace as well as war.

First man in the realm. Intellectual influences of his reign, 42.

Chaucer (1328). Improvement of the language. English

adopted in Parliament rolls. RICHARD II (1377). Results of

Richard's depofition, 43. People's power to alter the fucceffion:

sole claim of House of Lancaster. Terms of Richard's fubmif-

fion. His abdication made compulfory, 44. Popular principle

accepted. Adhefion of the people. Soliciting the Throne.

Shakespeare's Bolingbroke. HENRY IV (1399), 45. King Bo-

lingbroke. Elevation of the people. Parliamentary affump-

tions. Precedent for Hanoverian succeffion (1406), 46. No

judge to plead King's orders. Claim to make supplies condi-

tional on redress (1401). Officers of Household removed (1404).

Law for regulating County Elections, 47. All Freeholders to

vote. The lack-learning Parliament (1406). Accumulation of

Church property.
Its unequal diftribution, 48. Propofal to

feize it for better appropriation. Failure of attempt. Thirty

articles for regulation of King's affairs. Ministerial responsibi-

lity established (1410), 49. Interference with Taxation by the

Lords refifted. Changes fince the Conqueft. Petitions and

Bills. Royal evasion of Parliamentary control, 50. Bills fubfti-

tuted for Petitions. HENRY V (1413). Good out of evil.

Advantage to Commons from Henry V's wars.

ftraints on the prerogative, 51. Admiffion of rights of legif-

lature. Law against tampering with petitions. Exemptions

claimed for members of the Commons, 52. PRIVILEGE OF

PARLIAMENT. Thorpe's cafe. Established against the courts.

Right of IMPEACHMENT Won. Liberal gains intercepted, 53.

Freedom outraged but not loft, 53, 54. Conceffions to force.

HENRY VI (1422). Differences in quarter of a century, 54.

Voting of all freeholders in counties: limited to forty-fhilling

freeholders, 54, 55:. Greater importance of the people. Feud-

ality declining. Villenage paffed away. Changes in Society,

55. Higher developments of feudal principle. A contraft.

Tyler's Rebellion: Popular demands (1381). Cade's Rebellion:

Popular demands (1450), 56. Rapid fall of Feudal System: as

the People rofe. Levelling of diftinctions. Comforts of labour-

Further re-

PAGE

ing claffes, 57. Refpective condition of England and of France,

57, 58. Contrafts of the two Nations. Teftimony of Sir John

Fortescue and of Philip de Comines, 58. De Laudibus Legum

Anglia (1465). Reftraints on prerogative. Conftitution of Par-

liament. Rights of the fubject. Refponfibility of the Crown,

59. Encroachments of Executive. Checks of Parliament.

Control of the purfe. Loans and Benevolences, 60. Source of

ftrength to Commons: derived from other powers. Affifted

from above and from below. The People the fupreme force.

Expedients to keep it down, 61. Wars of the Rofes. ED-

WARD IV: EDWARD V: RICHARD III (1461-1483). Le-

giflation during Civil Wars. Richard III's ftatute against

forced loans, 62. Advances in commerce, learning, and the arts.

Lofs of the French provinces. War on furface of the land,

Peace beneath. Commercial guilds replacing great families, 63.

Break-up of fyftem of Middle Ages. Kingcraft fucceeds. Its

chief profeffors. French, Spanish, and English kings. Results

in England, 64.

§ II. THE TUDORS

:

PAGE

65-92

Houfe

HENRY VII (1485). Uneafinefs as to fucceffion. Parliamen-

tary settlement, 65. Pope's refcript on Henry's title: tranflated

for the people and first printed in broadfide by Caxton, 65, 66.

Lord Bolingbroke's view of the reign. Loffes to public liberty.

Defection of parliament, 66. Maintenance of legal forms.

Peculiarity of Tudor defpotifm. Indications of focial change.

Power changing hands, 67. Neceffity for a Poor Law.

of Lords: 29 in number. Commons weakened by weakness in

Lords. Influences unfeen, 68. Unconscious law-making. Star

Chamber created. A keen but narrow vifion. Lord Bacon's

character of Henry VII, 69. Leading acts of his fovereignty.

What was intended by his legiflation. What was effected

beyond his intention, 70. Interval between feudal and popular

agencies. First Expedition to America (1496). Vifit of Eraf-

mus to England. Sebaftian Cabot in the New World, 71.

Erafmus in Oxford. Revival of study of Homer. Greek Pro-

fefforfhip at Oxford (1497). Dislike of the new learning, 72.

A good old English complaint: against Letters and Poverty.

Part taken by Erafmus. Difciples of Aquinas, 73. Syftem of

the Schoolmen doomed. Language an enflaver as well as libe-

rator. Connection of words and things.
Erafmus's great

weapon. "A Second Lucian," 74. First pure text of the

Teftament. The way prepared for Luther. Complaint against

Erafmus. Harbinger of the Reformation. Titles of Erasmus

to refpect, 75. His example. His achievements.
His connec-

tion with Oxford. Henry's Statutes. Commerce and learning

indirectly affifted, 76. Ules of the Printing Prefs. Legiflating

for the future. Disfavour to nobles. Favour to Churchmen

and Lawyers, 77. Throne guarded from Treafon and enriched