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LONDON:
BRADBURY AND EVANS, PRINTERS, WHITEFRIARS.
83.
05 U14 E, S,
вед
ware made before it was library.
the lib
аса
GENERAL LIBRARY,
uired
UNIV. OF MICH.
CONTENTS.
INTRODUCTORY
ESSAY ON ENGLISH FREEDOM
UNDER PLANTAGENET AND TUDOR SOVEREIGNS, PP. 1-109.
Purpose of this Effay. 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.
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. Ufes 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.
Nor-
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-
visions. 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-vaffals.
Effect of Charter in later times. Its power of expanfion, 22.
Substance shaping Forms. Violations and reaffertions of Char-
ter.
PAGE
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 clafs. 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, Redress, and Supply. Securities
for public faith. Law fyftematifed (Bracton, 1250). Curia
Regis, 28. Cabinet of the King. A memorable affembly (2nd
of May, 1258). The Great Council under Normans: not a
Houfe of Lords: not hereditary, but representative, 29. Germs
therein of larger system. Break-up of elements of Council.
Distinctions and grades of rank. Varieties in writs of summons,
30. Peculiarities of feudal reprefentation. 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
answer for their counties. Reprefentatives to impofe taxes.
chamber at Westminster: separate fittings elsewhere, 35. Ad-
miffion of third eftate, 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-
One
prised 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 Winchefter (1284),
39, 40. EDWARD II (1307). Creation of Royal Boroughs.
Equal power claimed for Commons. Provision 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 compulsory, 44. Popular principle
accepted. Adhesion 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
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 refponfibi-
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. Further re-
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. Eftablished 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-
vote.
59.
ing claffes, 57. Refpective condition of England and of France,
57, 58. Contrasts 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,
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.
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
:
ED-
65-92
HENRY VII (1485). Uneafinefs as to fucceffion. Parliamen-
tary settlement, 65. Pope's refcript on Henry's title: tranflated
for the people and firft 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. Houfe
of Lords: 29 in number. Commons weakened by weakness in
Lords. Influences unfeen, 68. Unconfcious 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-
fefforship 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. Uies of the Printing Prefs. Legiflating
for the future. Disfavour to nobles. Favour to Churchmen
and Lawyers, 77. Throne guarded from Treafon : and enriched