In 1341, after Edward's first victories in France, the Parliament

pressed him to continue the war, and furnished him with large

subsidies; and all classes of society bestirred themselves to

support the king in a conflict which had become national. In

1343, the Parliament was convoked to examine and advise what had

best be done in the existing state of affairs, especially in

regard to the treaty recently concluded by the king with his

enemy the king of France. Sir Bartholomew Burghersh told the

Parliament that "as the war was begun by the common advice of the

prelates, great men, and commons, the king could not treat of, or

make peace, without the like assent." [Footnote 44]

[Footnote 44: Ibid. p. 106.]

The two houses deliberated separately, and gave their opinion

that the king ought to make peace if he could obtain a truce that

would be honourable and advantageous to himself and his friends;

but if not, the Commons declared that they would aid and maintain

his quarrel with all their power. In 1344, when the truce with

the king of France had been broken off by him, the Parliament, on

being consulted, manifested a desire for peace, but thought it

could only be obtained by carrying on the war with energy, and

voted large subsidies for the purpose. In 1348, the war had

become increasingly burdensome; all the subsidies proved

insufficient; and the king again consulted the Parliament

"concerning the war undertaken with its consent." The Commons,

perceiving that they had gone rather too far in their language,

now showed greater reserve and answered "that they were not able

to advise anything concerning the war, and therefore desired to

be excused as to that point; and that the king will be advised by

his nobles and council, and what shall be by them determined,

they would consent unto, confirm, and establish." [Footnote 45]

[Footnote 45: Parliamentary History, vol. i. p. 115.]

{486}

The French Wars.

In 1354, the Lord Chamberlain, by the king's command, informed

the Parliament: "That there was great hopes of bringing about a

peace between England and France, yet the king would not conclude

anything without the consent of his Lords and Commons. Wherefore

he demanded of them, in the king's name, whether they would

assent and agree to a peace, if it might be had by treaty." To

this the Commons replied at first, "that what should be agreeable

to the king and his council in making of this treaty, would be so

to them;" but on being asked again, "If they consented to a

perpetual peace, if it might be had," they all unanimously cried

out, Yea! Yea! [Footnote 46] Finally, on the 25th of January,

1361, peace having been concluded by the treaty of Bretigny, the

Parliament was convoked, the treaty was submitted to its

inspection and received its approval, and on the 31st a solemn

ceremony took place in the cathedral church at Westminster, when

all the members of Parliament, both Lords and Commons,

individually swore upon the altar to observe the peace.

[Footnote 46: Ibid. p. 122.]

In 1368, the negotiations with Scotland were submitted to the

consideration of the Parliament; the king of Scotland, David

Bruce, offered peace on condition of being relieved from all

homage of his crown to the king of England. The Lords and Commons

replied, "That they could not assent to any such peace, upon any

account, without a disherison of the king, his heirs and crown,

which they themselves were sworn to preserve, and therefore must

advise him not to hearken to any such propositions;" [Footnote

47] and they voted large subsidies to continue the war.

[Footnote 47: Ibid. vol. i. p. 131.]

In 1369, the king consulted the Parliament as to whether he

should recommence the war with France, because the conditions of

the last treaty had not been observed; the Parliament advised him

to do so, and votes subsidies.

These facts prove the most direct and constant intervention of

the Commons in matters of peace and war. Nor did they seek to

elude this responsibility, so long as the war was successful and

national. When the subsidies became excessive, they manifested

greater reserve in giving their opinion beforehand.

{487}

When fortune turned decidedly against Edward III., at the close

of his reign, the Commons, as we shall presently see, took

advantage of the right of intervention which they had acquired,

to possess themselves also of the right of impeaching the

ministers to whom they attributed the misfortunes of the time.

All this follows in the natural course of things, and clearly

demonstrates the continually increasing influence of the Commons

in political matters.

Influence On The Administration.

In regard to the internal administration of the country, their

progress was not less perceptible. Until the reign of Edward III.

all attempts to encroach upon the central government had

originated with the barons; it was the barons who, under Henry

III. and Edward II., had seized upon the right of appointing to

great public offices, and of disposing of the revenues of the

State. In 1342, the Commons ventured a similar endeavour, less

direct and arrogant in its character, but tending towards the

same object by more regular and better chosen means. Profiting by

the necessities of the king, who was then destitute of funds, and

utterly unable to continue the war with France, they presented to

him the two following petitions:

1. "That certain by commission may hear the account of those

who have received wools, moneys, or other aid for the king, and

that the same may be enrolled in the chancery." To this the

king consented, upon condition that the treasurer and lord

chief baron should be members of the commission.

2. "That the chancellor and other officers of state may be

chosen in open Parliament, and at the same time be openly sworn

to observe the laws of the land and Magna Charta." To this also

the king consented, but with these restrictions: "That if any

such office, by the death or other failure of the incumbent,

become void, the choice to remain solely in the king, he taking

therein the assent of his council; but that every such officer

shall be sworn at the next Parliament, according to the

petition; and that every Parliament following the king shall

resume into his hands all such offices, so as the said officers

shall be left liable to answer all objections." [Footnote 48]

[Footnote 48: Parliamentary History, vol. i. p. 104. ]

These decisions were immediately converted into statutes. The

chancellor and treasurer, with the judges and other officers of

the crown, were required to swear to observe them upon the cross

of Canterbury.

{488}

The chancellor, treasurer, and several judges, protested against

this act, as being contrary to their first oath and to the laws

of the realm; their protest was entered upon the rolls of

Parliament, but the statute was nevertheless definitively passed.

The Commons had now obtained the most formal recognition of the

responsibility of ministers to Parliament. The most pressing

necessities alone had extorted consent from the king. Scarcely

had the Parliament dissolved, when the king, by his own authority

only, formally revoked the statute by writs addressed to all the

sheriffs; and it is a most singular circumstance that so illegal

an act excited no remonstrance, and that the statute was revoked

by the Parliament itself in the year following.

Interference With Ministers.

The mere attempt, however, was a great step. It proves that two

fundamental ideas had taken possession of the minds of the

representatives of the Commons; first, that the Parliament ought

to exercise some influence over the choice of the king's

ministers; secondly, that these ministers should be responsible

to Parliament for their conduct. As to the first point, the

Commons of the fourteenth century employed a very bad method of

obtaining it, by claiming that their influence over the choice of

the agents of the supreme power should be direct, and by

interfering directly in the appointment of ministers; they

prodigiously weakened, if they did not utterly destroy,

ministerial responsibility: and the progress of representative

government has proved that indirect influence, exercised in such

matters by a majority of the Parliament, is alone admissible and

efficacious. But it was a great thing for the Commons to have

attained such growth as to dare to entertain such an idea of

their rights. They resumed the exercise of these rights, with

greater success, at the close of this reign. The king was old and

feeble; his arms were everywhere unsuccessful; abuses multiplied

at his court; Edward had fallen beneath the sway of favourites;

one of his sons, the Duke of Lancaster, alone enjoyed his favour,

and abused it; a woman, named Alice Perers or Pierce, possessed a

shameful influence over him, which she employed chiefly in

supporting the interest of her friends, in the courts of justice.

She might often be seen, sitting within the precincts of the

judicial tribunals, intimidating by her presence the judges whom

she had pestered with her solicitations.

{489}

Their Impeachment.

A report was spread at the same time that the Duke of Lancaster

intended to have himself declared heir to the crown, to the

prejudice of the youthful son of the Black Prince, who was then

in a dying state, and who possessed the affection of the whole

nation. A Parliament was convoked in 1376; and a powerful party

in both Houses pronounced against the ministers of the king. In

the Upper House, the Black Prince himself led the attack, and in

the Lower House, the opposition was headed by Peter de la Mare.

The Commons demanded that the king's council should be augmented

by ten or twelve members, prelates, lords, or others; that no

important matter should be decided without the consent of six or

four of them; and finally, that all the officers of the crown

should be sworn to receive no present, emolument, or reward

beyond their legal salaries and expenses. The king consented to

all these demands upon condition that he should himself appoint

the new councillors, and that the chancellor, the treasurer, and

the keeper of the privy seal should be allowed to discharge the

duties of their office without their interference. The Commons

next endeavoured to obtain that the justices of peace in each

county should be appointed by the lords and knights of that

county in Parliament, and should not be removed without their

consent; but the king refused to grant this. The Commons

continued to complain of the king's evil counsellors, attributing

to them the distress into which the king had fallen, the

dilapidation of the subsidies, and so forth. Finally, with a view

to the immediate application of the principles which they

maintained, they formerly impeached the Lords Latimer and Nevil,

who occupied posts in the king's household, and four merchants of

London, named Lyon, Ellis, Peachey, and Bury, who were farmers of

the royal subsidies. This accusation had its effect; the accused

persons were declared incapable of all public employment, and

banished from the court and council, and their property was

confiscated. As for Alice Perers, the Commons attacked her also,

and the king was constrained to issue the following ordinance:

"Whereas complaint has been brought before the king that some

women have pursued causes and actions in the king's court by way

of maintenance, and for hire or reward, which, thing displeases

the king, the king forbids that any woman do it hereafter, and in

particular Alice Perers, under the penalty of forfeiting all that

the said Alice can forfeit, and of being banished out of the

realm." [Footnote 49]

[Footnote 49: Rot. Parl. ii. 329.]

{490}

Nothing of this kind had previously been attempted by the

Commons. This Parliament sat from the end of April to the 6th of

July, 1376, that is, for a longer period than any preceding

Parliament; the number of its petitions to the king was 223, and

all its acts were so popular that it received the name of the

Good Parliament.

Death Of The Black Prince.

But the Commons were not in a position to maintain unassisted so

brilliant a success; their triumph had been due in great measure

to the co-operation of the Black Prince and his party in the

Upper House; and the Black Prince died before the closing of the

Parliament. The king, by settling the crown upon his son Richard,

dissipated many fears. A new Parliament was convoked on the 27th

of January, 1377, and one of his first acts was to solicit the

revocation of the sentence passed in the preceding year against

Lord Latimer and Alice Perers; which request was granted. Six or

seven only of those knights who had been members of the previous

Parliament sat in the new one; and Peter de la Mare was

imprisoned. Nevertheless, the new Parliament maintained the

rights already acquired in several particulars; it insisted upon

the proper appropriation of the subsidies, upon an account being

given of the receipts, and so forth. The death of Edward III.

which occurred on the 21st of June, 1377, put an end to a

struggle which was probably about to arise once more between the

Commons and the advisers of the crown.

In addition to this intervention of the House of Commons in the

general affairs of the State, some particular facts prove the

progress which its influence was making in all respects, and

deserve to be remarked in this point of view.

{491}

Opposition To The Clergy.

I. The Commons began energetically to resist both the power

which the Pope still assumed to exercise in England, and the

internal influence of the English clergy themselves. In 1343,

they protested against the right which the Pope claimed to have

to appoint foreigners to certain vacant ecclesiastical

benefices, and against other abuses of the same kind. They

called upon his majesty and the lords to aid them in expelling

the papal power from the kingdom, and addressed to the Pope

himself a letter full of the most indignant remonstrances.

Previously, the barons alone had actively interfered in affairs

of this kind. In 1366, the king informed the Parliament that

the Pope intended to cite him to Avignon to do homage for his

crown, according to the terms of the treaty concluded with king

John, and also to pay the tribute promised upon that occasion.

The Lords on the one hand, and the Commons on the other,

replied that king John had no right to contract such

engagements without the consent of the Parliament, called upon

the king to refuse to comply with the Pope's citation, and

promised to support him with all their power. In 1371, the

Commons complained that the great offices of the State were

occupied by ecclesiastics, to the great detriment of the king

and the state, and demanded that in future they should be

excluded therefrom, leaving to the king the right of choosing

his officers, provided they were laymen. Finally, in 1377, they

demanded that no ordinance or statute should be enacted upon

petition of the clergy, without the consent of the Commons; and

that the Commons should be bound by none of the constitutions

which the clergy might make for its own advantage and without

their consent, since the clergy would not be bound by the

statutes or ordinances of the king to which they had not

consented. This conflict between the national representatives

and the clergy soon became a permanent habit, which contributed

powerfully, in the sixteenth century, to the introduction of

the Reformation.

II. In 1337, the Parliament turned its attention to the

protection of the national industry. It prohibited the

exportation of English wools, and granted great encouragement

to those foreign clothworkers who should take up their

residence in England. These regulations soon fell into

desuetude in consequence of the wars with France; but they

prove the disposition of the Parliament to give attention to

all matters of public interest.

{492}

Regulation Of Elections.

III. It was also during this reign that, for the first time, we

find the Parliament manifesting anxiety about the abuses which

were committed at elections, and seeking to prevent their

recurrence. In 1372, an ordinance, passed at the suggestion and

by the advice of the Commons, prohibited the election of

sheriffs during the continuance of their functions, and also of

lawyers, because they made use of their authority to procure

their own election, and afterwards cared only for their own

private interests. [Footnote 50]

[Footnote 50: The influence of the king upon elections was

manifested at this period in a direct manner, or nearly so.

Two edicts of Edward III., passed at an interval of more than

forty years, prove this. The first, dated on the 3rd of

November, 1330, concludes thus: "And because that, before

this time, several knights, representatives for counties,

were people of ill designs and maintainers of false quarrels,

and would not suffer that our good subjects should show the

grievances of the common people, nor the matters which ought

to be redressed in Parliament, to the great damage of us and

our subjects;--we, therefore, charge and command that you

cause to be elected, with the common consent of your county,

two, the most proper and most sufficient knights, or sergeants

of the said county, that are the least suspected of

ill designs, or common maintainers of parties, to be of our

said Parliament, according to the form of our writ which you

have with you. And this we expect you shall do, as you will

eschew our anger and indignation." (_Parl. Hist._ vol. i. p.

84.) This writ was issued at the time when the young king had

just delivered himself from the yoke of Mortimer and his

faction. The second writ, dated in 1373, orders the sheriffs

"to cause to be chosen two dubbed knights, or the most

worthy, honest, and discreet esquires of that county, the

most expert in feats of arms, and no others; and of every

city two citizens, of every borough two burgesses, discreet

and sufficient, and such who had the greatest skill in

shipping and merchandizing." _Parl. Hist._ vol. i. p. 137.]

IV. Finally, it is under this reign that we first find

committees of the two Houses uniting to investigate certain

questions in common, and afterwards reporting the result of

their investigations to their respective Houses. It is

remarkable that this usage, so necessary to facilitate the

progress of the representative system and to procure good

deliberations, should have arisen precisely at that period when

the Parliament became divided into two Houses. It was the

natural consequence of their former combination in a single

assembly. There was no regular or invariable plan with regard

to the mode of the formation of these committees. Sometimes the

king himself appointed a certain number of lords, and invited

the Commons to choose a certain number of their own members to

confer with them; sometimes the Commons named the lords with

whom they wished to confer; and sometimes each House appointed

its own committee.

{493}

Confirmations Of The Old Charters.

It is remarkable that most of the parliamentary sessions of this

reign begin with a confirmation of Magna Charta and the Charta de

Foresta, which were always regarded as the foundation of the

public rights and liberties, and also violated with sufficient

frequency to render it necessary incessantly to renew their

concession.

All these facts prove the immense progress made by representative

government in general, and by the House of Commons in particular,

during the course of this reign.

{494}

Lecture XXIV.

State of the Parliament under Richard II.

Struggle between absolute royalty and parliamentary government.

Origin of the Civil List.

Progress of the responsibility of ministers.

Progress of the returns of the employment of the public revenue.

The Commons encroach upon the government.

Reaction against the sway of the Commons.

Violence and fall of Richard II.

Progress of the essential maxims and practices of

representative government.

Parliament Under Richard II.

It is a remarkable fact in the history of England that, during

the interval which elapsed between the years of 1216 and 1399, an

able monarch always succeeded an incapable king, and _vice

versâ_. This circumstance proved very favourable to the

establishment of free institutions, which never had time either

to fall beneath the yoke of an energetic despotism or to dissolve

in anarchy.

The reign of Richard II. does not present, like that of Edward

III., the spectacle of the struggle of the Commons in defending

their rights, and extending them by the very fact that they were

defending them against the royal power, which was incessantly

striving to evade those rights because they checked its

authority, but which was nevertheless sufficiently acute to

perceive that it stood in need of the assistance of the people,

and could not afford to quarrel with their representatives.

During the reign of Richard, the conflict assumes a more general

character; it now involves far more than special or occasional

acts of resistance. The question at issue now is, whether the

king shall govern according to the advice and under the control

of his Parliament, or rule alone and in an almost arbitrary

manner. A positive conflict arose between parliamentary

government and purely royal government; a violent conflict, full

of reciprocal iniquities, but in which the question between

liberty in general and absolute power was laid down more clearly

and completely than it had ever been before.

{495}

Increased Power Of The Commons.

The vicissitudes of this struggle are broadly outlined in facts.

The reign of Richard II. may be divided into two parts. From 1377

to 1389, the government was parliamentary, that is to say, the

Parliament exercised the supreme control and really directed all

public affairs, notwithstanding the attempts at resistance on the

part of the king and his favourites. Prom 1389 to 1399, this

state of things underwent a change, and the king progressively

regained the upper hand. Not that the Parliament abandoned or

lost all its rights; for that of voting the taxes, in particular,

was boldly maintained, and even respected to a certain extent.

But generally speaking, the government was arbitrary, the king

had the sole disposal of it, and the Parliament, which had lost

its preponderating influence, interfered only as an instrument.

This state of things was contrary to the desires and instincts of

the country, and it was terminated by a tragical event. Richard

was deposed by a proscribed exile who landed in England with

sixty men, but found both the Parliament and the entire nation

disposed to support him, or at all events, not to oppose him. The

deposition of Richard and the elevation of the House of Lancaster

were the work of force, but of force supported by that powerful

adhesion which the silence and immobility of the public afford to

enterprises which tend to overthrow an odious or despised

government.

Such was the general aspect of this reign. I shall not linger to

detail its events, but merely select and bring to light those

facts which relate to the condition of the public institutions of

the country, and which prove the truth of that which I have just

affirmed.

As you have already seen, during the last years of the reign of

Edward III., the influence of the Commons in the government had

rapidly augmented; and its further progress was favoured by the

minority of Richard II. Sixty years before, the nonage of the

king would have placed the State under the control of some

faction of barons; but during the latter half of the fourteenth

century, the Commons take the initiative in all things, and

plainly say how they think the government should be administered.

{496}

Important Petitions.

A first Parliament was convoked in the month of September, 1377.

Peter de la Mare, formerly the leader of the opposition, was

liberated from prison, and chosen speaker of the House of

Commons. Three lords selected by the Commons were appointed to

confer with them regarding the public necessities. Three

propositions were submitted by the Commons to the king and lords:

1. the formation of a council of government;

2. the appointment of "men of virtuous and honest conversation"

to guard the person and conduct the education of the king, and

to take care "that the charge of the king's household should be

borne by the revenues of the crown, so that what was granted to

the wars might be expended that way only;"

3. the strict observance of the common law and statutes of the

realm, "that they might not be defeated by the singularity of

any about the king." [Footnote 51]

[Footnote 51: Parliamentary History, vol. i. p. 160. ]

The Lords granted the first proposition, rejected the first part

of the second as too harsh and interfering too much with the

liberty of the royal person, promised to deliberate upon the

second part with the great officers of the king's household, and

gave their unhesitating assent to the third proposition.

The second of these propositions contains the germ of the

distinction between the civil list and taxes voted for the public

expenditure. A subsidy was voted by the Commons, after the

establishment of the administration. It was agreed that moneys

thus raised should be lodged in the keeping of special

treasurers, who should give an account of their receipts and

disbursements, in such manner as the king and council should

order. Two London merchants, William Walworth and John Philpot,

were appointed to this office by the king.

Several other petitions were presented by this Parliament.

1. That the evil councillors of the late king Edward might be

removed from the royal councils;--which was granted.

2. That, during the king's minority, all the ministers and

other great functionaries of State, might be appointed by

Parliament; and that if an office fell vacant, while Parliament

was not sitting, it should be filled up by the king's council,

subject to the approval of the next Parliament;--which was

granted in the case of the greater officers, but refused in

respect to those of less importance.

3. That Parliament should be holden once a year;--in reply to

which it was promised that "the statutes made for that purpose

shall be observed and kept." [Footnote 52]

[Footnote 52: Ibid. vol. i. pp. 161, 162.]

It is clear that, in all these matters, the initiative and

general direction of the government belonged to the Commons.

{497}

Regulation Of Subsidies.

On the 25th of April, 1378, a second Parliament met, and voted a

poll-tax, as the king had involved himself by loans. The

chancellor concluded his speech by saying that, for all past and

probable expenditure, the treasurers were prepared to give

account.

On the 20th of October, 1378, a third Parliament met, and a fresh

subsidy was demanded. The Commons maintained that the king ought

not to be in want of one, and that a promise had been made that

no further imposts should be levied for a long time. The

chancellor, Richard le Scroop, denied that any such promise had

been made; and long and violent debates ensued upon this

question. The Commons demanded that an account should be given

them of the way in which the last subsidy had been spent. The

chancellor asserted that they had no right to require this, but

finally yielded, under protest that it should not be considered a

precedent. The Commons accordingly examined the accounts.

The Commons next requested that five or six lords or prelates

should be deputed to confer with them respecting the public

charges: thus aspiring to make their own body the centre of

deliberation, and affecting to regard the lords only as a part of

the king's council. The lords refused their request, and proposed

that, according to ancient usage, each house should appoint

certain of its members to confer together. This suggestion was

adopted, and a subsidy voted. The Commons further demanded the

appointment of special treasurers to receive and disburse its

proceeds; which was granted.

On the 15th of January, 1380, a fourth Parliament was held, for

the purpose of demanding fresh subsidies, rendered necessary by

the wars with France and Scotland, the revolts in Gascony, and

other causes. The chancellor concluded his speech by saying "that

the lords of the great council were ready to lay before the

Commons the receipts of the last subsidial grants, and the

disbursements of the same."

The Commons demanded:

1. That the counsellors given to the king at his accession,

should be dismissed (probably because they suspected them of

unfaithfulness in the management of the public revenue);

{498}

2. That the five chief officers of State should not be changed

until the next Parliament;

3. That a commission should be formed to survey and examine, in

all his courts and palaces, the state of the king's household,

and the expenses and receipts in all the offices;--which was

granted, and the commission composed of six lords and six

members of the House of Commons;

4. That some of the most discreet barons should be placed about

the king, in order to give wise answers to foreign ministers.

One baron only, the Earl of Warwick, was appointed for this

purpose. A subsidy was then voted.

Disturbed State Of The Country.

In November, 1380, a fifth Parliament met to vote further

subsidies; and a long discussion arose between the Commons and

the Lords regarding the amount. A fixed sum of £16,000 was

required; to meet which the Commons voted a poll-tax of 15 groats

on every individual above 15 years of age, mendicants alone

excepted; and annexed to their vote the condition that the rich

should help the poor to pay the tax. The Commons moreover voted

that "no knight, citizen, or burgess of the present Parliament

should be collector of this money;" apparently in order to avoid

every suspicion of partiality in its assessment. A violent

popular insurrection broke out in consequence of this tax; and in

order to quell it, the king was obliged to make promises of

general enfranchisement.

On the 14th of September, 1382, a sixth Parliament assembled; but

was adjourned on account of a quarrel between the Duke of

Lancaster and the Earl of Northumberland, who had both come

thither in arms, with a numerous retinue. The importance of these

great barons was such that the Parliament could not meet until

the king had succeeded in reconciling them. Great agitation was

felt in this Parliament, as it did not know how to calm the

disturbance in the country. The charter of manumission which had

been extorted from the king was revoked. The Commons accused the

bad government of the king of having caused the insurrection, and

drew a melancholy picture of the deplorable state of the people.

A committee of inquiry was appointed in consequence. The Commons

refused to grant a subsidy, basing their refusal upon the

disposition of the country to revolt. The king declared that he

would not grant his amnesty for all the offences committed during

the late insurrection, unless a subsidy were granted; and under

the influence of this threat, the Commons yielded.

{499}

Conferences With The Lords.

At the opening of this Parliament, the Commons demanded that the

prelates, the lords temporal, the knights, the judges, in a word,

the various estates of the realm, should examine, each for their

own class, the charges which should be brought; and should report

the same to the Commons, who would deliberate upon it. This was

an attempt to make themselves a sovereign and undivided assembly;

but the king maintained the ancient usage, which required that

the Commons should deliberate first of all, and communicate their

propositions to the king and lords.

This Parliament was twice prorogued; from the 15th of December to

the 15th of January, 1383, and again from the latter date to the

7th of May.

Seven sessions of the Parliament were held from the 7th of May

1383, to the 1st of October 1386. The king endeavoured to free

himself from the control of the Parliament. In 1383, he dismissed

a very popular chancellor, Richard le Scroop, because he had

refused to seal some inconsiderate gifts of property which had

become confiscated to the crown. During the same year, the clergy

obtained from the king a violent statute against the Lollards or

disciples of Wickliffe. The Commons complained of this, saying

that the statute was surreptitious; that it had never received

their consent, and that "it was not their meaning to bind

themselves, or their successors, to the prelates, any more than

their ancestors had done before them." They, therefore, demanded

and obtained the revocation of the statute; but after their

departure, the act of revocation was set aside, and the statute

maintained.

In 1383, also, the Commons having demanded to confer with a

committee of lords whom they mentioned by name, the king

consented to their request, but added that it belonged to him

alone to appoint the lords whom he thought fit to send to such

conferences. In the same Parliament the Commons prayed the king

"to place the most discreet and valuable officers about his

person," and to regulate his household in such a way that his

revenues might be well administered, and prove sufficient to meet

his wants.

{500}

Opposition To Parliamentary Rights.

The king answered that he would summon to him the persons who

suited him, and that he would regulate his household by the

advice of his council. In 1386, the Commons petitioned that the

state of the king's household should be examined every year by

the chancellor, the treasurer, and the keeper of the privy seal;

and that they should be authorized to reform its abuses. The king

replied that he would order such an examination when it pleased

him. The Commons next inquired who were the ministers and chief

officers of State whom the king intended to place at the head of

affairs. The king replied that he had officers sufficient at

present, and would change them at his pleasure. All these facts

indicate an effort on the part of the king and his council to

free themselves from the control of Parliament. In proportion as

this desire became apparent, the Commons became, in certain

respects, more timid and reserved. In 1383, the king consulted

them as to whether he should march in person at the head of his

army against France; and they replied that it was not in their

province to decide upon such a question, but that it should be

referred to the council. In 1385, they were consulted on the

question of peace or war with France: and refused to give an

opinion. The king insisted upon having an answer, but all that he

could obtain from them was that "if they were in the king's

place, they would prefer peace." Every circumstance, on both

sides, indicates an imminent separation, or at least a

progressive estrangement. The king was desirous to escape from

the guidance of the Parliament; and the Parliament refused to

share the responsibility of the king's council.

Richard was under the sway of two favourites, Robert de Vere,

Marquis of Dublin, and Michael de la Pole, Earl of Suffolk. Hence

the government was courtly, capricious, destructive, and laid

claim to an insolent and frivolous exercise of arbitrary

authority. The haughty tone of the chancellor Suffolk was

extremely offensive in the speeches with which he opened the

Parliaments of 1384 and 1385. The Commons could endure the

government (though often tyrannical) of a council of barons with

much greater willingness than that of a pack of court favourites.

The great feudal aristocracy were deeply rooted in the

associations of the country; but the arrogance and frivolity of

favourites were unspeakably offensive to the people.

{501}

The King Compelled To Yield.

The storm broke out in the Parliament which met on the 1st of

October, 1386. The Commons, "with one accord," impeached the Earl

of Suffolk. The king withdrew to Eltham. The two Houses sent to

him to demand the dismissal of the lord treasurer and of the

chancellor, relating to whom, they said, they had matters to

treat of which could not be safely done whilst he remained in his

office. The king sent an evasive answer; and the Parliament

declared that it would do nothing so long as the king continued

absent, and the Earl of Suffolk remained minister. The king

proposed that they should depute forty knights of their number to

confer with him. The Parliament refused. After a long and

singular correspondence, the king was constrained to yield and to

choose new ministers.

Doubt has been cast upon several of these facts, and especially

upon the king's correspondence with the Parliament. Knyghton is

the only historian who records it, but there is reason to believe

it authentic. The Earl of Suffolk was impeached and condemned.

The charges brought against him were of little weight as legal

crimes, but of great importance as abuses in the government. A

committee of eleven lords was appointed by Parliament to regulate

all public affairs, and to govern in concert with the king., The

Parliament enacted the penalties of high treason against any

person who should advise the king not to follow the counsels of

this committee, and constrained the king to confirm these

resolutions by letters-patent. The king, on his part, made

protestation in full Parliament, with his own mouth, "that for

any thing which was done in that Parliament he would not any

prejudice should come to him or his crown; but that the

prerogative and liberties of it should be safe and preserved."

In 1387, the king travelled through the west and north of

England; and assembled at Nottingham a council composed of

partisans of his favourites. He inquired of the sheriffs of the

neighbouring counties what forces they could raise for his

assistance, if he should find it necessary to oppose the

committee of eleven lords. The sheriffs replied that the people

were convinced that the lords were friends to the king, and

desired the welfare of the country, and that therefore few

persons would be found willing to take up arms against them.

{502}

The king then commanded the sheriffs to elect to the next

Parliament those persons only whom he should nominate. They

answered that they could not undertake to secure the election of

any persons but those who were to the people's liking. The king

then summoned the judges to Nottingham, and proposed to them

various questions concerning the rights and prerogatives of the

crown. The judges, either intimidated or guided by Sir Robert

Tressillian, gave answers tending to establish the arbitrary

power of the king and to free his government from the control of

the Parliament. This was the evident object of the whole of this

struggle.

The Wonderful Parliament.

Dissension now broke out between the king and the lords. A

Parliament was convoked. The king inserted in his writs an order

to return those persons who were _debatis modernis magis

indifferentes_; but he was soon obliged to erase this clause,

and to declare it illegal in new writs. The Parliament met on the

3rd of February, 1388, and took precautions to ensure that it

should alone decide upon all great public matters, and that it

should not be dissolved after having voted a subsidy. An

accusation was lodged by five lords, called appellants, against

the favourites of the king, and the judges. This accusation

really conceals a great party conflict beneath the forms of

judicial procedure. The Upper House declared that, on such grave

occasions, the Parliament alone could judge, and was bound by

none of the laws which regulate the proceedings of other courts.

Eighteen persons were condemned, most of them to death, and many

by default. The Parliament separated after having sat five

months. It was called the _Wonderful Parliament_, and also

the _Pitiless Parliament_. It had been careful to declare

that the condemnation of the favourite councillors and judges,

did not in any way throw discredit upon the king himself.

{503}

Increase Of The Royal Power.

The authority of the committee of eleven lords over the

government was exercised without opposition for a year. In May,

1389, the king assembled his council, and declared that, being

now of full age, he was capable of governing his inheritance

himself, and that it was not fitting that he should be in a worse

condition than every subject in his dominions who could freely

dispose of his goods. "It is well known," he said, "that for

several years I have lived under your guardianship, and I thank

you for the trouble you have taken on my account; but now that I

have reached my majority, I am determined to remain no longer

under tutelage, but to take in hand the government of my kingdom

and to appoint or revoke my ministers and other officers

according to my pleasure." He changed the chancellor and other

great officers, and dismissed from his council several of the

eleven lords.

Here began the second epoch in this reign--the epoch of reaction

against the Parliament. Great obscurity prevails as to the causes

which placed Richard II. in a position to effect such a

revolution; but he was most probably emboldened to do so by

division in the committee of eleven lords, and by the bad use

which some of them had made of their power. The king and his new

council governed at first with prudence, and manifested great

respect for the Parliament. On the 16th of January, 1390, a

Parliament was convoked. The new ministers resigned their

offices, and submitted their conduct to its scrutiny. The

Parliament declared that it found no cause for complaint, and the

ministers resumed their functions. Seven Parliaments were held

from 1390 to 1397. They became more and more timid and docile,

and the king's authority assumed an increasingly extended and

arbitrary character. These are the principal facts which

characterize this reaction:--

In 1391, the Parliament assured the king that the royalty and

prerogatives of his crown should ever remain intact and

inviolable; that if they had in any way been infringed, it should

be reformed; and that the king should enjoy as large liberty as

any of his predecessors ever did: "which prayer seemed to our

lord the king honest and reasonable," and he consented to it. In

1391 and 1392, the Parliament admitted the king's power to

dispense with the observance of certain statutes in

ecclesiastical matters, on condition that these statutes should

not be held to be thereby revoked. In 1392, the king, being

offended with the city of London, withdrew from it its liberties

and imprisoned its magistrates; but shortly afterwards he

restored its liberties to the city, and imposed on it a fine of

£1000 sterling.

{504}

In 1394, the judges who had been banished to Ireland by the

Parliament of 1388, were recalled. In 1397, a bill was brought

forward in the House of Commons, proposing that all extravagant

expenditure should be avoided in the royal household, and that

those bishops and ladies who had nothing to do at court should

not have permission to reside there. The king was incensed at

this bill before it was presented to him, and said in the Upper

House, "that it was directed against those liberties and

royalties which his progenitors had enjoyed, and which he was

resolved to uphold and maintain." He ordered the Lords to inform

the Commons of his resolution, and directed the Duke of Lancaster

to command Sir John Bussy, the Speaker of the Commons, to inform

him what member had introduced the bill into Parliament. The

Commons became alarmed, and humbly besought the king's pardon. At

a conference, they placed the bill in the king's hands, and

delivered up to him its proposer, Thomas Haxey. The king forgave

them, and the Parliament itself declared Haxey guilty of treason.

The clergy saved his life by claiming him as a clerk--which

proves that at this period ecclesiastics were not excluded from

Parliament.

In September, 1397, Richard II. at length judged himself in a

position to assume the plenitude of his power, to annul all that

had been done in 1388 to limit his authority, and to avenge his

injuries.

A Parliament was convoked. Every precaution had been taken to

ensure its docility. The sheriffs had been changed; and all sorts

of practices had been put in force to influence the elections.

Numerous bodies of troops formed the royal guard. The Parliament

was opened with great solemnity. The chancellor, the Bishop of

Exeter, took as the text of his speech: _Rex unus erit

omnibus._ Subsequent events fully corresponded with these

preliminaries. All the acts of the Parliament of 1388 were

revoked, and their authors accused of treason; five of them were

condemned to death. The principal leader of the opposition, the

Duke of Gloucester, was assassinated in prison at Calais, after

having been constrained to acknowledge his past crimes in a

confession in which he formerly accused himself of having

"restrained the king of his freedom." After these condemnations

the same Parliament held a second session at Shrewsbury, in which

the answers of the judges in 1387 were declared good and

legitimate, and precisely the same measures were taken to render

these new decisions inviolable, which had been employed by the

Parliament of 1388 to ensure the observance of its own

resolutions. These two sessions lasted sixteen days. In less than

two years afterwards, Richard was dethroned.

{505}

Discontent In The Realm.

He thought himself, however, well secured against such a

contingency; for he had taken all sorts of precautions firmly to

establish the power which he had just regained. The Parliament

had granted him, for his lifetime, the duty upon wools and hides,

upon condition only that this concession should not be regarded

as a precedent by the kings his successors. As several of the

petitions and other matters laid before the Parliament during its

last session had not been fully terminated, the Parliament at its

dissolution appointed a permanent committee of twelve lords and

six members of the House of Commons, to whom it transferred its

powers to regulate and decide, in concert with the king, all

affairs of public business. Richard thus remained surrounded by

the men who had just assisted him to regain arbitrary power; and

although the mission of this committee was limited to the

settlement of those affairs only which the Parliament had not had

time to arrange, it did not hesitate to take possession of the

entire government. In concert with the king, it issued

ordinances, and declared the penalties of high treason against

any person who should attempt to resist its authority; and it

imposed on all the lords the obligation, under oath, to respect

and maintain all that it should enact. All the powers of

Parliament were thus usurped by this committee. Private vexations

were added to this general usurpation; in spite of the amnesty

which had been proclaimed, even by the last Parliament, Richard

continued to wreak his vengeance upon the adherents of the

Parliament of 1388. He extorted money from seventeen counties

under the pretence that they had taken part in the rebellion; and

he forced wealthy citizens to sign blank cheques in order to

ransom themselves from prosecutions for treason, which blanks he

filled up at his pleasure.

{506}

Death Of Richard II.

Such acts as these could not fail to produce general hatred and

indignation; and an accidental cause led to their manifestation.

A quarrel existed between the Dukes of Hereford and Norfolk; and

the last Parliament had left the dispute to the decision of the

king and his committee. A single combat between the two dukes was

appointed to take place at Coventry; but the king anticipated the

duel, and banished both the dukes, one for ten years, and the

other for life. By letters patent, he expressedly authorized the

Duke of Hereford to sue, during his banishment, for the livery of

any lands that might be bequeathed to him. In 1399, John of

Gaunt, Duke of Lancaster and father of Hereford, died. The king

and his committee annulled the letters-patent, and confiscated

the property of the Duke of Lancaster. Richard then set out for

Ireland. On the 4th of July, 1399, the Duke of Hereford, who had

become Duke of Lancaster by the death of his father, landed in

England. He made rapid progress, and when Richard returned to

England, he soon found himself abandoned and taken prisoner. A

Parliament was convoked in his name on the 30th of September.

Richard abdicated. An accusation in thirty-three articles was

drawn up against him; and his deposition was pronounced by the

Parliament. Henry of Lancaster claimed the crown in virtue of a

pretended right of birth. It was granted to him on the 6th of

August, 1399, and new writs were issued for the convocation of a

Parliament within six days. This was impossible: so the same

Parliament met again, and became the Parliament of Henry IV.

Richard, who had been kept prisoner in Pomfret Castle, was put to

death on the 23rd of October, 1399.

This royal catastrophe was the work of force, just as the

deposition of Edward II. had been; but public opinion and public

passion had a much greater share in it. Efforts were made to

impart even to these acts of violence an appearance of

constitutional regularity, and the progress of parliamentary

government may be discerned even in its tragical excitements.

{507}

The Houses Recover Their Strength.

Such were, in a political point of view, the character and

progress of this reign. A few particular facts are worthy of

notice.

1. The extension of the practice of forced loans. In 1378, a

petition was presented that no man should be constrained to

lend money to the king; and it was granted. Nevertheless, in

1386, a writ addressed to several inhabitants of Boston enjoins

them to make every person possessing property of more than

twenty pounds in value contribute to the loan of £200 which the

town had promised to grant to the king, and which would be

received in deduction from the subsidies of the present

Parliament.

2. The principle of the appropriation of subsidies becomes

increasingly prevalent.

3. The Commons make efforts to ensure that their petitions

should not be altered when passed into statutes. In 1382, they

requested the communication of one of the king's ordinances

before it was registered: and desired that some of their

members should be present during the preparation of the rolls.

The affair of Thomas Haxey gives us reason to believe that the

practice commenced, during this reign, of proceeding in the

form of bills discussed and adopted by both Houses before they

were submitted for the sanction of the king. Nevertheless, in

1382, the House of Commons having requested the opinion of the

House of Lords on a question which then occupied their

attention, the Lords replied that ancient usage required that

the Commons should first communicate their opinion to the king

and assembled lords. This very fact, however, proves that the

present form of initiative was about to introduce itself.

4. In 1384, the town of Shaftesbury addressed a petition to the

king, lords and commons, against the sheriff of Dorsetshire,

who had made a false return of an election, and left out the

name of the person really elected. We are not aware of the

result of this petition, but this is the first instance of the

official intervention of the Commons in the matter of contested

elections. Only three examples of analogous petitions are to be

met with in previous times, viz. under Edward II. in 1319,

under Edward III. in 1363, and under Richard II. in 1384. Until

then, the king alone had examined the petition, and referred

its judgment to the ordinary tribunals.

5. In 1382, a statute ordains, under penalty of fine or other

punishment, that all the lords and deputies of the Commons

shall repair to Parliament when they are summoned; and that all

the sheriffs shall cause all due and accustomed elections to be

made, without omitting any borough or city.

{508}

Progress Of Liberty.

These particular acts, as well as the general course of events,

attest the progress of constitutional maxims and practices.

{509}

Lecture XXV.

Summary of the history of the Parliament from the death of

Richard II. to the accession of the House of Stuart.

Progress of the forms of procedure, and of the privileges of

Parliament.

Liberty of speech in both Houses.

Inviolability of members of Parliament.

Judicial power of the House of Lords.

Decadence of the Parliament during the wars of the Roses, and

under the Tudor dynasty.

Causes of this decadence and of the progress of royal

authority, from Henry VII. to Elizabeth.

Conclusion.

The Tudors And Stuarts.

It is impossible to comprehend the entire scope of the character

and influence of great events. Some occurrences, which procure

order and liberty for the present, prepare the way for tyranny

and confusion in the future; while others, on the contrary,

establish absolute power at first, and subsequently give birth to

full political freedom. We cannot fail to be struck by this

reflection when we consider the prodigious difference which

exists between the immediate results and the remote consequences

of the deposition of Richard II. It delivered England from an

arbitrary, insolent, and disorderly government; but sixty years

afterwards it gave rise to the wars of the Red and White Roses,

and to all those cruel internal distractions which facilitated

the establishment of the Tudor despotism: so that the decay of

English liberties, from 1461 to 1640, had its primary source in

the event which, in 1399, had consummated their triumph.

In considering the general character of the state of the

government from 1399 to 1461, under the first three kings of the

House of Lancaster, Henry IV., Henry V., and Henry VI., we must

admit that this period was remarkable neither for the

unchangeableness nor for the progress of institutions. During

this epoch, the Parliament gained none of those signal victories

which distinguished the reigns of Edward III. and Richard II.; no

really new right, no fundamental and previously unknown

guarantee, were added to those already possessed.

{510}

Improvement Of Parliament.

Neither did arbitrary power again assume the offensive, and

obtain the advantage; and the crown and Parliament engaged in no

serious conflict calculated to compromise the existence of either

party, or notably to change their degree of political importance.

In truth, the work of this period was to regularize the results

of previous struggles. The Parliament exercised, without much

opposition, the right for which it had fought during the

fourteenth century, viz., the voting of taxes, the appropriation

of the subsidies, the investigation of the public accounts,

intervention in the legislature, and the impeachment of the great

officers of the crown. The kings, though frequently seeking to

elude the application of these rights, never ignored them

completely, or braved them openly. The whole of the political

machine remained almost unaltered; but though it underwent no

great revolutions, it received many important developments in its

internal organization. Practical ameliorations were sought after

and attained; further consequences were deduced from established

principles; and this epoch is more remarkable for various

improvements in the springs of parliamentary government, than for

the conquest of great rights, or the formation of fundamental

institutions.

The internal constitution of the Parliament, especially during

the course of this period, made important progress; from this

time we may date, with some degree of accuracy, its principal

forms of procedure and its most essential privileges.

One of the most essential is, certainly, liberty of speech.

During the reign of Henry IV., we find the speaker of the House

of Commons demanding it of the king at the opening of every

session. One of the first acts of the first Parliament held

during this reign, in 1399, was to obtain the revocation of the

sentence passed upon Thomas Haxey, in the reign of Richard II.

Every circumstance proves that, under Henry IV., the Commons used

greater liberty of speech than they had previously enjoyed. It

was, indeed, made a subject of special praise to Sir John

Tibetot, speaker in the Parliament of 1406. The king soon

manifested great distrust of the extension given to this right,

which was probably exercised with all the rudeness which

characterized the manners of that time.

{511}

First Opposition To Liberty Of Speech.

In 1410, he told the Commons that he hoped that they would no

longer use unbecoming language, but act with moderation. In 1411,

the speaker, Sir Thomas Chaucer, having made the usual demand at

the opening of the session, the king replied that he would allow

the Commons to speak as others before had done, but that "he

would have no novelties introduced, and would enjoy his

prerogative." The speaker requested three days to give a written

answer to this observation, and then replied "that he desired no

other protestation than what other speakers had made; and that if

he should speak anything to the king's displeasure, it might be

imputed to his own ignorance only, and not to the body of the

Commons," [Footnote 53] which the king granted.

[Footnote 53: Parliamentary History, vol.i. p. 313.]

We meet with no infringement upon the liberty of speech enjoyed

by the Commons until the Parliament of 1455, at which time a

deputy from Bristol, Thomas Young, complained that he had been

arrested and imprisoned in the Tower, six years before, on

account of a motion which he had brought forward in the House.

The object of this motion had been to declare that, as the king

then had no children, the Duke of York was the legitimate heir to

the throne. The Commons transmitted this petition to the Lords,

and the king commanded his council to do whatever might be judged

fitting on behalf of the petitioner.

In all official transactions with the king and the lords, the

Speaker was the mouthpiece of the House of Commons, and for him

especially liberty of speech was then demanded. He acted in the

name, and on the behalf, of the House, on almost all occasions.

In 1406, we find him giving his consent, in this capacity, to the

act which regulated the succession of the crown.

{512}

Imprisonment Of The Speaker.

The inviolability of the members of Parliament was a right of no

less importance than liberty of speech. The ancient Saxon laws

granted protection and security to the members of the

Wittenagemot, in going and returning from the place of meeting,

provided they were not notorious robbers and brigands. From the

formation of the new Parliament, the same right was claimed by

its members, who, as they came to transact the business of the

king in his national council, were entitled to exemption from

arrest or hindrance. In 1403, Sir Thomas Brooke repaired to

Parliament as a representative of Somersetshire; and one of his

suite, Richard Cheddre, was maltreated and beaten by John Salage.

A statute ordained that Salage should pay double damages to

Cheddre, according to the award of the Court of Queen's Bench;

and "moreover, it is granted by the said Parliament that the same

shall be done in times to come, in similar cases." This

circumstance gave rise to a petition of the Commons, who prayed

that all lords, knights, citizens, and burgesses, coming to

Parliament and residing there, might be, as well as their

followers and domestics, under the special protection and defence

of the king, until their return home; and that they might be

arrested for no debt, contract, or suit, or imprisoned in any

manner during that time, under penalty of a fine to be paid to

the king, and damages to the person injured. The king replied

that provision should be made to this effect. The statute of 1403

was renewed in 1433, during the reign of Henry VI.

In 1430, a complaint was laid before the House of Commons on

account of the imprisonment, for debt, of William Lake, the

servant of William Mildred, one of the members for London. He was

set at liberty by a special act of Parliament.

In 1453, the Commons complained to the king and to the lords of

the imprisonment of Thomas Thorpe, their speaker, who had been

arrested for debt at the suit of the Duke of York. The Lords

referred the matter to the judges, who replied through Sir John

Fortescue: "That it was not their part to judge of the

Parliament's actions, who were judges and makers of the laws

themselves; only they said there were divers _supersedeas_

of privilege of Parliament brought into courts; but a general

_supersedeas_, to suppress all proceedings, there was not.

For, if there should, it would seem as if the High Court of

Parliament, that ministered all justice and equity, should hinder

the process of the common law, and so put the party complainant

without remedy, inasmuch as actions at common law are not

determinable in Parliament; but if any member of Parliament be

arrested for such cases as are not for treason, felony, or surety

of the peace, or for a judgment had before Parliament, it was

usual for such person to be quitted of such arrest, and set at

liberty to attend his service in Parliament." [Footnote 54]

[Footnote 54: Parliamentary or Constitutional History of

England, vol. ii. p. 287.]

{513}

Conflicting Opinions.

Notwithstanding this answer of the judges, the Lords decided that

Thorpe should remain in prison: and ordered the Commons, in the

king's name, to elect another speaker, which they did. But this

was a party quarrel; Thorpe was attached to the House of

Lancaster, and the Duke of York was then in the ascendant. The

privilege then existed, but still in a precarious manner, and a

special act of Parliament was necessary on every occasion to

ensure its being put into practice.

It was also during this period that the right of parliamentary

initiative superseded the right of petition. We have already

noticed the abuses originated by the initiative which the House

of Commons exercised by means of its petitions; and that the

petitions were not always faithfully reproduced in the statutes

which they had suggested. We have also seen what efforts had

already been put forth by the Commons to prevent these

trickeries. In 1414, during the reign of Henry V., they

complained of them in a special petition, to which the king

replied by promising that in future the statutes should

correspond exactly to the petitions granted. But this guarantee

was very insecure, and the Commons had already begun to obtain

more effectual securities by accustoming themselves to draw up in

the form of complete bills, the statutes which they had

previously suggested by petitions; and sending them to the House

of Lords, that they might be discussed and adopted by that House,

before they were presented to the king, who then had nothing more

to do than to give or refuse his sanction. It is impossible to

indicate with precision the period at which this important change

took place; for it was accomplished gradually, and was not

remarked by the historians of the time. The usage of petitions

co-existed for some time with that of bills. The following facts

indicate the progress of the change. Under Richard II., in 1382

(and I have already alluded to this fact), the Commons attempted

to obtain the opinion of the Lords, upon a certain question,

before bringing under the notice of the king.

{514}

Clearer Regulations Of The Parliament..

The attempt was repulsed by the Lords, who staked their honour

upon not separating from the king, and upon receiving

simultaneously and in concert with him, the propositions of the

Commons. The complete initiative of the Houses of Parliament

arose, naturally and necessarily, from the voting of taxes.

Originally, as you have seen, each class of deputies voted alone

those taxes which were destined to weigh especially up on

themselves; and the knights of the shire deliberated and voted

upon this matter with the Lords. When the knights of the shire

had fully combined with the deputies of the boroughs--when the

House of Commons deliberated and voted, in a body, upon the same

taxes--it became necessary that the votes on such matters should

receive the consent of the Lords, who would also have to bear the

consequences. Bills passed in reference to subsidies were

thenceforward discussed and voted by both Houses before they were

laid before the king; and the initiative, in its present form,

was thus fully established in this particular case. In 1407, a

remarkable incident brought this form of proceeding to light,

gave it final sanction, and deduced from it at the same time two

other parliamentary rights of great importance. In consequence of

a debate which arose between the House of Lords and the House of

Commons with regard to the initiative of subsidies, three

principles were recognised, and have since remained firmly

established:

1. Parliamentary initiative in its present form;

2. The exclusive initiative of the Commons in the matter of

subsidies;

3. The right of the Houses, that the king should take no

cognizance of the subject of their deliberations until they had

come to a decision upon it, and were in a position to lay it

before him as the desire of the Lords and Commons in Parliament

assembled.

It was natural that that which was practised with regard to

subsidies should soon extend to all matters; and that the

propositions of Parliament, whatever might be their object,

should reach the king as emanating from both Houses instead of

being merely the petitions of one of them. Mr. Hallam affirms,

without giving any particulars, that this practice became general

during the reign of Henry VI., and from this period he dates the

real division of the legislature into three branches. I am

inclined to think that this practice had commenced at an earlier

date, although it was rarely carried into effect; and it is

certain, from the very constitution of Parliament at this epoch,

that it did not become constant and general until a later period.

{515}

In 1406, I find the Commons demanding, by the mouth of the

speaker, Sir John Tibetot, the right of withdrawing their bills

from the House of Lords, at any stage of the deliberation upon

them, in order to introduce amendments; which was granted. The

Commons were therefore already in the habit of occasionally

drawing up their petitions in the form of bills, and of passing

them through the House of Lords before presenting them to the

king.

At this period, the House of Lords was still regarded as the

great council of the king, and as a sort of intermediary between

the privy council and the entire Parliament; and a number of

propositions on matters of government, and even of legislation,

still emanated from the Commons alone, and were presented, in the

form of petitions, to the king and lords. The practice of

initiative by way of bills adopted by both Houses could not,

therefore, have been general. The periods of the king's minority

or absence tended increasingly to impart the character of a great

council of government to the House of Lords. Accordingly these

epochs, and especially the reign of Henry VI., abound in

propositions or petitions of the Commons to the Lords. It was at

a later period, when the king and his privy council had regained

a more independent power than their predecessors had enjoyed

--that is to say, under the Tudor dynasty--that the Upper House

became entirely disjoined from the government properly so called,

and found itself placed, with respect to the king, in almost the

same position as the House of Commons. Then alone did the

practice of proceeding by bills discussed in both Houses before

they were laid before the king, assume a constant and general

character, that is to say, the parliamentary initiative was

definitively substituted for the ancient right of petition

possessed by each House, and especially by the Commons.

{516}

Votes Of Subsidy.

With regard to the order of the debates in Parliament, it was an

ancient custom that the king should not reply to the petitions of

the Commons until the last day of the session; which rendered it

impossible to make the concession of subsidies dependent upon the

king's answers. They endeavoured to reverse this order, probably

during the reign of Richard II.; for the sixth question which he

proposed to the judges was whether, when the king had called the

attention of Parliament to any subject, the Parliament might

attend to other matters before deciding upon the propositions of

the king. The judges replied that such a proceeding was an act of

treason. The answers of the judges of Richard II. having been

declared illegitimate in the Parliament of 1399, the foregoing

_dictum_ was comprised in the general reprobation.

Accordingly, in 1401, the Commons maintained that it was not

their custom to grant any subsidy until the king had replied to

their petitions, and they demanded that this course should be

pursued. The king said that he would confer on the subject with

the Lords, and on the last day of the session, he replied "that

there was never such use known, but that they should first go

through with all other business before their petitions were

answered; which ordinance the king intended not to alter." We do

not find that the Commons then resisted, or attempted to procure

the recognition, in a general manner, of the principle which they

asserted. But this principle was frequently put into practice in

subsequent Parliaments, and the king was forced not to throw any

hindrance in its way. In 1407, Parliament opened on the 20th of

October. On the 9th and 14th of November, the Commons presented

themselves before the king, explained their numerous grievances,

received his answer, and granted no subsidies until the 2nd of

December following. In 1410, Parliament met on the 27th of

January; and it was not until the 9th of May, after it had

obtained satisfaction on several points, among others on the

dismissal of two members of the privy council, that it granted a

subsidy. This practice became almost constant during the reign of

Henry VI. We find an evident proof of this in the Parliament held

in November 1455. The Commons sent several times to demand of the

Lords the appointment of a Protector for the kingdom, on account

of the imbecility of Henry VI.; and the Archbishop of Canterbury

urged the Lords to give a definitive answer, "for it is well

known that the Commons will not give attention to any affairs of

the Parliament until they have obtained an answer, and

satisfaction of their request."

{517}

Judicial Powers Of The Lords.

The principle had, therefore, become a fact, and was generally

admitted as a fact.

It was also during the course of this period that elections to

Parliament, and the rights of Parliament in the matter of

elections, began to be regulated. I have already observed in

treating of the formation of the Parliament, that the electoral

system had been definitively established by statutes of Henry IV.

in 1405, and of Henry VI. in 1429 and 1432. Many facts prove that

at this date the importance of the House of Commons had become so

great; that the elections were a subject of frequent frauds. A

number of statutes of detail, during the reign of Henry VI., were

passed to prevent such frauds, and to regulate the procedure by

which they should be investigated and punished. Then also, for

the first time, we find conditions imposed on the choice of the

electors. The ancient spirit of electoral institutions required

that the persons elected should be inhabitants of the county or

town which they were chosen to represent. This was converted into

an express law by a statute of Henry V. in 1413, which was

renewed by a statute of Henry VI., in 1444; but the law has

fallen into desuetude by the force of circumstances, without ever

having been formally repealed.

The judgment of elections continued to belong, during this

period, to the lords and the king's council, who were frequently

urged to exercise this prerogative by petitions from the Commons.

It was also at this epoch that the judicial power, which

originally resided in the entire Parliament, was declared to

belong exclusively to the House of Lords. This declaration was

made in 1399, at the suggestion of the Commons themselves, and by

the mouth of the Archbishop of Canterbury, who said: "That the

Commons were only petitioners, and that all judgment belonged to

the king and lords; unless it was in statutes, grants of

subsidies, and such like." Since this period the Commons, when

they desired to interfere in judgments otherwise than by

impeachment, were obliged to employ the means of bills of

attainder. They adopted this plan in the case of the Duke of

Suffolk in 1450, and very frequently afterwards.

{518}

Resistance To The Commons.

These are the most notable marks of progress made, during this

period, by the constitution and forms of Parliament. If we now

consider Parliament, no longer in itself and its own internal

proceedings, but in its relations to the government properly so

called, we shall find that its rights and influence in matters of

taxation, legislation, and public administration were the same as

it had won under Edward III. and Richard II., and that it merely

exercised them with greater assurance and less opposition. Henry

IV. tried more than once to resist the power of the House of

Commons; but it had set him upon the throne, and felt itself in a

position to confine him within the limit of his authority. In

1404, it demanded of him the dismissal of four officers of his

household; and he replied with singular humility "that he knew no

cause why they should be removed, but as the Lords and Commons

judged it for the interest of the kingdom and his own advantage,

he would remove them, and would do as much in future to any

minister who should incur the hatred of his people." In 1406, the

Commons submitted for the approbation of the king thirty articles

which, they said, they had drawn up to ensure the better

administration of public affairs, and which they demanded that

the king's officers should swear to observe. These articles,

though of a temporary nature, were intended to repress many

existing abuses, and to restrict the royal prerogative in certain

respects. The king thought that he could not refuse his assent.

Towards the end of his reign, Henry IV. appeared more bold, and

less disposed to yield unresistingly to the control of the

Parliament; but his death prevented all serious conflict. The

glory of Henry V. and the passion for wars with France filled up

his somewhat brief reign; the Parliament sustained him in all his

measures, and even went so far as to grant him, in 1415, a

subsidy for life, with power to use it arbitrarily and at his

pleasure. During the minority of Henry VI., or rather during all

that part of his reign which was not stained with civil war, and

was in fact a long minority, the power of Parliament reached its

climax, and absorbed the entire government. All matters were

decided between the Lords and Commons; but it was too soon for

the nation, thus left to its own guidance, to provide itself with

a regular government. Violent factions arose among the

aristocracy, which the House of Commons was not in a condition to

repress. That great development of public institutions and

liberties which had commenced under king John, and continued with

such regularity since the reign of Edward III., was suddenly

interrupted, and England plunged into the violent anarchy of the

wars of the Red and White Roses, to emerge only into the

despotism of the House of Tudor.

{519}

Review Of The State Of Europe.

How came it that institutions, already so strong and active, at

least in appearance, decayed so rapidly? How came it that

parliamentary government, which seemed in possession of all its

essential rights and principles, paused in its progress, and

yielded for more than a century to the rule of an almost absolute

monarchy? Now that I have reached the conclusion of this course

of lectures, I cannot investigate with you the causes of this

apparently singular fact; but they may be discerned in another

very remarkable fact in the analogy which prevails between the

history of England and the history of France at this period. In

France, also, during the fourteenth and fifteenth centuries, we

discern the appearances of attempts at representative government;

these incoherent and superficial essays were succeeded by the

wars of religion, the League, and the great disorders of the

sixteenth century; and order was not restored, France did not

regain repose and vigour, until the establishment of absolute

power by Cardinal Richelieu and Louis XIV., and by the

annihilation, as a political power, of that ancient feudal

aristocracy who had been able neither to procure for the country,

nor to assume for themselves, in the government of France, their

legitimate and lasting position.

In England, as you have just seen, representative government,

originating in the thirteenth and fourteenth centuries, did not

confine itself to incoherent and feeble essays; but established

itself upon its essential foundations, and speedily obtained

considerable development. The sanguinary conflicts for the

succession to the throne, the protracted dissensions of the Red

and White Roses, abruptly arrested its progress. Just as in

France, from the reign of Louis XI., we hear nothing of attempts

at the establishment of free institutions, so in England, during

the reigns of Edward IV. and Richard III., the Parliament has no

history.

{520}

In the intervals of the civil war, it appears only as the

instrument of the vengeance of the victorious party, and to pass

bills of attainder against the leaders of the vanquished faction.

It voted a few taxes, but this was the only one of its rights

which, it still maintained, and even this was eluded by the

practice of _Benevolences_, or gifts in appearance

voluntary, but in reality compulsory, of which we meet with a few

examples in antecedent times, but which received great extension

under Edward IV. Finally, more than once several years elapsed

without a Parliament being convoked, especially from 1477 to

1482; such a suspension had been unprecedented since 1327.

The civil wars of the fifteenth century, however, are only the

superficial, and as it were, external cause of this sudden

decadence of representative government in England; in order to

discover its true cause, we must penetrate deeper into the state

of society.

Until this period, the three great forces in English society

--the royal power, the aristocracy, and the Commons--had

maintained intimate and continual relations amongst themselves,

and had served each other by turns, either as an obstacle or as a

means of success. It was by the aid of the great barons that the

Commons had been enabled to win their liberties. The royal power,

though strong in itself, had nevertheless been obliged to resort

sometimes to the barons, and sometimes to the Commons. From the

political concurrence of these three great social forces, and

from the vicissitudes of their alliances and fortunes, the

progress of representative government had resulted. Liberty can

be established only where there does not exist in the State any

constituted power sufficiently preponderant to usurp absolute

authority.

In the latter half of the fifteenth century, the equipoise of

these three forces ceased. The royal power disappeared in some

sort, in consequence of the imbecility of Henry VI. and

afterwards by the uncertainty of the right of succession to the

crown. The government fell into the hands of the high

aristocracy, who were divided and distracted by their intestine

quarrels. The Commons were not in a condition to act the part of

mediators between these terrible factions, and to impose upon

them respect for public order.

{521}

The knights of the shire took part in the train of the great

barons with whom they were still dependently connected by a

multitude of ties: and the towns, thus left alone, could do

nothing, but were carried away in the general stream. In this

state of disorder and violence, the Commons disappeared, or if

they were not materially annihilated, their political power

vanished. The high aristocracy worked its own dissolution; many

great families were destroyed, and many more were ruined. Henry

VII., at his accession, found only the wreck of that nobility

which had made his predecessors tremble. The great barons,

wearied with their own excesses, and stripped of a great part of

their resources, were no longer inclined or able to continue that

struggle against the royal power, which had been headed by their

ancestors ever since the days of king John. On this side

therefore, the royal power no longer had any powerful

antagonists. On the other side, the Commons, wasted and enervated

by civil war, were not in a condition to take the place of the

high aristocracy in the struggle against the royal authority.

They had taken part in the government as followers of the nobles;

and when they found themselves standing almost alone in presence

of the crown, it did not even occur to them that this

interference was their right: they, therefore, contented

themselves with defending a few special rights, particularly that

of consenting to large subsidies; and, in other respects, they

allowed themselves to be governed. Hence arose the government of

Henry VIII., and at a later period, that of Elizabeth.

More than a century was requisite to enable the English

Commons--re-invigorated and strengthened, in a material point of

view, by long years of order and prosperity, and in a moral point

of view, by the reformation of religion--to acquire sufficient

social importance and intellectual elevation to place themselves,

in their turn, at the head of the resistance against despotism,

and to draw the ancient aristocracy in their train. This great

revolution in the state of society broke out in the reign of

Charles I., and determined that political revolution, which,

after fifty years of conflict, finally established representative

government in England.

The End.

{522}

{523}

INDEX.

Acts of the Oxford Parliament, 357

Adalid Mayor, 248

Adalides,

election and office of the, 247, 248

Administration of Diocletian, 24

Alaric II.,

king of the Visigoths, in Gaul, 208

Alfaqueque,

appointment of, 249

Alfred the Great,

influence of,

on English legislature, 30, 41;

right of, to the throne, 53

Algila,

king of the Visigoths, 210

Allodium,

characteristics of the, 107

Allods, 106;

conversion of, into benefices, 125;

proprietors of, 107, 135

Almocadene,

appointment of the, 249

Almogavars, 248

Alode,

origin of the term, 106

Amalaric,

king of Spain, 209

Ambassadors,

French, 108

America,

elections in, 407, 408

Anglo-Saxons, 29, 37;

resemblance of, to the Normans, 281;

subjection of the, 286;

general assemblies of the, 49;

institutions of the, 38, 46, 282, 284

Anglo-Saxons, Saxon heretochs,

election of, 247

Anglo-Saxons, Normans,

institutions of the, 282, 314

Antiquity,

study of, 5-7

Antrustions, see Leudes.

Apocrisiary, or keeper of the palace, 166

Arianism, introduction of, into Spain, 210

Arimanni, or Rathimburgi, 146

Aristocracy,

origin of the, 34;

signification of the term, 56;

historical definition of, 66;

influence of the, 235

Aristocracy,

feudal origin of the, 135, 143;

powers of the, 299

Aristocracy, French, 97

Aristocracy, Norman, cohesion of the, 286

Aristocracy, Saxon, 271

Army, privileges of the,

under the Roman Empire, 194

Arthur, duke of Bretagne, 309;

death of, 310

Assembly, general, of the Saxons,

see Wittenagemot

Assemblies,

Germanic, 47, 163

Assemblies,

national, first termed Parliaments, 356

Assemblies,

of the Franks, 163, 164;

decay of, 171;

revival of, under Charlemagne, 164;

Hincmar, on the, _ib_.

Assemblies, of the Normans, 298, 311

Assemblies, of the Saxons, 291, 293

Assemblies, of the Visigoths, 210

Assessors,

appointment and duties of, 44, 158, 239

{524}

Assizes, first appointed, 315

Athanogild, 210

Austrasia,

kingdom of, 88;

queen of, 89, 210

Authority,

judicial, institution of, 239

Authority,

parental, legitimacy of, 345

Authority,

regal, progress of, in England, 499, 500, 521

B.

Ballot, origin of the scheme, 408

Barbarianism, epoch of, 258

Barons,

original qualifications of, 294;

tyranny of the, 358;

wealth of the, 457;

struggles of, with the Commons, 497-501

Barons,

Council of, 423

Barons,

factions of the, 518, 519

Barons, Norman,

coalition of the, 300, 303, 309, 311;

increasing powers of the, 306;

contests of,

with King John, 311-318;

with Henry III., 322;

with Edward I., 327;

with Edward II., 456

Barons, French, powers of the, 101

Basques, see Vascons.

Becket, Thomas,

rise of, 275;

fall of, 278

Belgium, settlement of the Franks in, 84

Benefices, 112;

tenure of, 114, 115, 120, 135;

transference of, 116;

conditions attached to, 124;

character of, 125

Benefices, Montesquieu on, 117

Benefices,hereditary, 119

Beneficiaries, 135, 160

Benevolences, substitution of, for taxes, 520

Bills,

parliamentary, origin of, 514;

amendments to, first permitted, 515

Bills, of attainder, 517

Bishops,

powers of, in Gaul, 143;

nomination of, 144;

position of, in the Roman Empire, 200, 205;

political preponderance of, 221

Black Prince, the, 489, 490

Borough representation, corruption of, 386

Boroughs,

progress of the liberties of, 28;

deputies of, first called to Parliament, 361;

forms of elections for, 387

Boroughs, representatives of, 384, 385

Bracton, on "Sovereign power," 267

Breviarium Aniani, 209, 241, 245;

abolition of the, 244

Britain, a Roman colony, 25;

first inhabitants of, 270

Britons, origin of the, 270

Brunehaut,

queen of Austrasia, 89

ancestors of, 210

C.

Cambridge, University of,

first represented in Parliament, 373

Capacity,

electoral, 395, 396;

legal signs of, 397

Capitularies, 168

Carlovingians,

wealth of the, 113;

dissolution of the kingdom under the, 95;

monarchy of the, 157;

fall of the, 160, 171

Catalonia, origin of the name, 207

Castile, ancient customs of, 246

Centralization,

origin of, 39;

object of, 201

Centralization,

progress of, in England, 268, 275, 289, 316, 364

Centralization,

tendency to, in France, 94, 158;

progress of, 160, 170, 201

Centralization, in Rome, 184, 201

Centralization, monarchical, 158

Centralization,

of power opposed to representative government, 520;

origin of, 289;

tendency to, in England, 364, 497;

tendency to, in France, 100, 289

Ceorls, history of the, 33-37

{525}

Chamberlain, office of, 166

Champs de Mars,

assemblies of, 80, 163-169

Champs de Mai, 171

Chancery, courts of, 297

Charlemagne,

political aspect of the reign of, 96 98;

attempt of, to establish monarchy, 149, 158;

government of, 154, 157, 170

Charles the Bald,

reign of, in France, 99;

government of, 158, 171;

laws of tenure under, 120

Charles the Fat, reign of, 100

Charters,

origin of, 300

Charters, English,

history of, 302-306;

general character of, 319;

statute in confirmation of, 330

Charters, of Edward I., 328

Charters, of Henry I., 273, 304

Charters, of Henry II., 306

Charters, of Henry III., 320;

violation of the, 321;

revocation of, 322;

confirmation of, 323, 324

Charters, of John, 309, 311, 316

Charters, Magna, or the great, 313-317

Charters,

relating to forests, 316, 321;

confirmation of, 493

Charters, of Stephen, 305

Charters, of William the Conqueror, 303 _n._

Charters, of manumission, 498

Charters, granted to the clergy, 311

Chartularii, 147

Chiefs, Frankish, 83

Childeric, 83

Chindasuinth, 212

Chintila, reign of, 212

Christianity,

dawn and growth of, in Rome, 187, 189;

effects of, on society, 162, 190

Chronicles, European, 259

Church,

early endowment of the, 144;

first union of, with the state, 144

Church,

property, seizure of, 118

Cinq Ports,

political importance of the, 365

Cities, defenders of,

appointed, 199;

duties of, 242

Citizenship, Roman,

terms of admission to, 182, 185

Civil list,

origin of the, 496

Civil courts, powers of the, established, 276

Civilization,

effects of, on society, 32, 33;

its aid to power, 39;

progress of, 155;

chief aim of, 161

Civilization,

in England, 282

Civilization,

European, unity of, 257

Clarendon, constitution of, 276-278, 292

Clarissimi, 193, 194

Classification of persons,

principles of, 134, 135, 137, 138, 193

Classification of members, 421, 422,

Classification of governments, 61, 75

Clement V.,

bull of, 332, 333;

letter of, to Edward I., 332

Clergy,

influence of the, 98, 162, 177, 190, 205, 212;

privileges of the, 194;

political predominance of, 220;

incompetency of, for government, 232;

powers of the, 276, 310;

decline of, in England, 282, 491;

contests of, with royalty, 310;

charters granted to, 311;

statutes in favour of, 499

Clovis,

wars of, 84;

death of, 85;

successors of, 86

Code of English laws, 286

Code of the Visigoths, 177

Colonies,

Roman, 25;

state of the, 179

Comitia, the, in Rome, 184, 185

Commons,

admission of the, to Parliament, 370-373, 451;

formation of the, 422;

intervention of, in matters of peace or war, 485;

political influence of, 452, 487, 495;

progressive rights of the, 400, 476, 480, 488, 496, 516;

resistance of, to regal power, 477, 499, 501;

power of, in government, 495, 497;

annihilation of the, 521

{526}

Commons, House of, 268, 418-423, 437

Commons, House of, a secret assembly, 81

Commons, House of, in France,

enfranchisement of the, 424

Committees, parliamentary, first formed, 492, 497

Compurgation, 250-252

Concilium, attributes of the, 290, 448, 449

Concilium, Regni, 290

Confiscation, 286

Conquest, Norman, 271;

effects of the, 281, 283, 285;

results of, 287, 288

Conquest, of England by Louis of France, 318

Conquest, of Gaul, 84, 91

Constitutions of Clarendon, 276-278, 292

Constitutions of English, basis of the, 309

Convocation, writs of, 371, 373

Corporation, municipal, right of, to elect members, 385

Cortes, acts of the, 246

Councils of Clarendon, 276

Councils of barons, 315, 320, 423

Councils of kings,

various names of the, 291, 292, 448;

increase of the, 489

Councils of State, 165

Council, national,

of England, 448, 449;

dispersion of the, 459

Council of Northampton, 292

Councillors,

election of, 165;

duties of, 167

Counts,

institution of, 152;

jurisdiction of, 152;

rise of, 158

Counties,

deputies of, called to Parliament, 351, 362

Counties, progress of the representation of, 363

County courts,

origin and laws of, 43, 150;

effects of, on feudalism, 287;

members of, 352;

functions of, 379

Courts,

civil powers of, established, 276

Courts, of Chancery, 297

Courts, of Exchequer, 297

Courts, of kings, 291, 294

Courts, of law, established in England, 297

Cromwell, Parliament under, 6, 7

Crusades, 279

Curator, 198

Curatores, 199

Curfew, laws of, 271

Curia,

attributes of the, 183, 188, 197;

importance of the, 243;

abolishment of, 204

Curia, de more, 290, 291

Curia,

regis, 291;

constitution of the, 293

Curials of the Roman Empire, 183, 193;

functions and charges of, 195

D.

Danegeld, the, 296, 305

Danes,

establishment of, in England, 270;

affinity of, to the Normans, 271

David Bruce, 486

Debt, national, progress of the, 507

Debates, parliamentary, order of, 515

Decurio, origin of the term, 183

Defensores,

appointment of, 199;

result of the, 200;

duties of, 242

Democracy,

principles of, 70

Democracy,

compared with representative government, 73, 445

Denariales, 146

Deputies of boroughs,

first called to Parliament, 361

Deputies of counties,

admitted to Parliament, 351, 363;

relation of, to the great barons, 354;

election of, 381;

union of, with borough members, 422

Deputies of towns,

first admitted to Parliament, 365

{527}

Despotism,

origin of, 156, 158, 341;

tests of, 170, 187;

union of, with privilege, 194;

forms of, 444

Despotism,

Roman, 161, 199;

effects of, in the west, 180;

dangers of, 187;

principles of, 204

Diocletian, administration of, 24

Dissolution,

tendency to, in early states, 95, 101;

phenomena of, 102

Districts, electoral, 404

Donors of benefices, 124

Doomsday-book,

compilation of, 286;

tythes granted by, 326 _n_.

Dukes,

appointment and jurisdiction of, 152

Duty on wool, first imposed, 326

Duumvir, 198

E.

Edward I.,

reign of, 325-330;

exactions of, 326;

quarrels of, with the nobles, 327, 329;

statute of, 330;

character of, 368;

Parliaments of, 368, 370, 371, 374

Edward II.,

reign of, 454-461;

Parliaments of, 455;

deposition of, 457

Edward III.,

reign of, 476, 484-489;

death of, 490;

Parliaments of, 495-498

Egica, succession of, 214

Eginhard,

on the "Tenure of Benefices," 117, 124

Election,

direct advantages of, 408;

necessity of, 411

Election,

indirect evils of, 412, 413;

source of, 416

Elections,

an element in representative government, 80, 409;

evils of, 407

Elections,

American, forms of, 407

Elections,

of borough members, 387

Elections,

of councillors, 166

Elections,

of county members, 381

Elections,

English, 404-407

Elections,

French, 408

Elections,

of kings, 222

Elections,

of knights, 380, 419;

by the sheriff, 354

Elections,

under the Merovingians, 159

Elections,

by vote, limited power of, 339

Elections,

character and power of, 63;

introduction of, 80;

forms of, 387;

necessity for, 265;

effects of, on feudalism, 422;

advantages of, 408;

fundamental law of, 405;

influence of kings upon, 492 _n_.;

abuses of, first repressed, 491;

parliamentary interference in, 507

Electors,

original qualification of, 377, 381, 385;

two classes of, 393;

rights of, 406, 407

Emperors, powers of the, 28

Empire, Roman,

political sterility of the, 24;

social condition of, in the 5th century, 193-203;

fall of the, 187, 205;

position of bishops under the, 200, 205;

Honorati of the, 243

Enfranchisement,

modes of, 146, 147;

progress of, 173;

effects of, on the continent, 424

Enfranchisement,

general, 498

England,

early history of, 29-31, 270;

division of the soil, 42;

representative government in, 56, 69, 258, 263, 266, 268, 519;

progress of feudalism in, 274, 280;

civilization of, 282;

conquest of, by Louis of France, 318;

facts which decided the political destiny of, 423;

modern state of, 448;

political aspect of, in the reign of Edward III., 477;

institutions of, 30, 149, 284, 494

Enquiry,

right of, 473

Enquiry,

commissions of, instituted, 487

Epochs of European history, 258

Error, sources of, 4

{528}

Error of the Whigs and Tories, 293, 462

Erwig, usurpation of, 213

Escuage,

establishment of, 306;

laws of, 313

Euric, king of the Visigoths, 208

Evesham, battle of, 362

Evil, conflicts of, 68

Exchequer, court of, instituted, 297

Excommunication, 310

F.

Fact, philosophy of, 426

Favourites, empire of, in England, 455, 500, 502

Feudalism,

characteristics of, 14, 35, 104, 120, 173;

first principles of, 41;

importance of, to the formation of society, 130;

rapid extension of, 146, 158, 171;

origin of, 148;

conflicts of, 149;

rudiments of, 151;

influence of, 175;

epoch of, 258;

establishment of, in England, 271, 280;

decline of, in England, 437

Feudalism,

in France, 95, 285;

effects of, 102;

progress of, 110, 111, 113;

predominance of, 153;

attacks on, 173;

source of, 284.

Feudalism,

effects of, on the Saxons, 286

Fidelity, oaths of, 123

Fiefs, book of, 117

Forests, charters relating to, 316, 321, 493

Formation and dissolution, phenomena of, 102

Fortescue, on "Sovereign Power," 267

Forty-shilling freeholders, origin of, 381

Forum Judicium,

laws of the, 216, 224, 226, 237;

study of the, 255

France,

historical position of, 3;

absolute monarchy in, 56;

representative government in, 62, 175, 519;

early settlements of, 84;

partition of the realm, 87, 92;

national assemblies established in, 163 169;

centralization of power in, 289

Franks,

origin of the, 82;

countries first inhabited by, 88;

institutions of the, 83, 103, 149;

first habitations of, 111;

condition of, under the Romans, 134;

national assemblies of the, 163, 174;

results of their settlement in Gaul, 172

Franks,

under Charlemagne, 97

Fredegonde, queen of Neustria, 89

Free-men,

various classes of, 136;

rank of, 143;

signification of the term, 145

Free-men,

in Rome, 193

Freeholders,

origin of, 295, 378

Freeholders,

court of, 353, 379

Freeholders,

rights of, 380, 381, 385

Fueros, or ancient customs of Castile, 246, 247

G.

Gaul,

invasion of, by the Germans, 26;

conquest of, by Clovis, 84;

by Pepin, 91, 93;

territorial division of, 103, 150;

settlement of the Franks in, 172;

Visigothic monarchy in, 208

Germany,

Franks in, 84;

primitive state of society in, 148;

institutions of, 148

Gibbon, history by, 259, 260

Goths,

character of the, 236;

laws of the, 246

Government,

forms and principles of, 56, 58, 443;

co-existence of, with society, 57;

true laws of, 60;

problem of, 78;

twofold object of, 155;

theories of, 341

Government,

aristocratic, 66, 70;

consequences of, 68, 457

Government,

central, rise of, 289;

principal organ of, 452

{529}

Government,

ecclesiastical, 51, 234

Government,

free, progress towards, 302

Government,

English, sources of, 283;

fundamental principles of, 369

Government,

local, 240

Government,

monarchical, sources of, 444;

encroachments upon, 487

Government, parliamentary,

struggles of, with absolute power, 495-501

Government, representative,

origin of, 12;

distinct features of, 47, 61;

principles of, 55, 71, 77, 264, 265, 267, 440, 441;

aim of, 62, 64;

requirements of, 67;

forms of, 77, 266;

characteristics of, 265;

formation of, 302;

nature of, 340, 348, 440

Government, representative, in England,

causes which led to the establishment of, 267, 289, 521;

first development of, 354, 355;

necessity for the perfecting of, 474, 475;

decadence of, 520

Government, representative,

in France, 62, 175, 519

opposed to absolute power, 441

Government, representative,

under the feudal system, 175

Government, representative,

the government of the majority, 72

Motesquieu on, 56

Governments,

classification of, 61, 75

Governments,

free, 449

Grants, parliamentary, 419, 420

Gregory VII., Pope,

contests of, with William the Norman, 272

Gundemar, reign of, 211

H.

Harold, usurpation and death of, 271

Henry I.,

usurpation of, 272;

reign of, 273;

death of, 274;

charters of, 304

History of the Origin of Representative Government in Europe · 第 12 / 13 章