Constitutional History Of England, Henry VII To George II.
Henry Hallam
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20 chapters
INTRODUCTION
INTRODUCTION
Few historical works have stood the test of time better than Hallam's Constitutional History . It was written nearly a century ago—the first edition was published in 1827—and at a time when historians were nothing if not stout party men. The science of history, as we now know it, was in its infancy; apologetics were preferred to exegesis; the study of "sources," the editing of texts, the classification of authorities were almost unknown. History was regarded as the handmaid of politics, and the
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BIBLIOGRAPHY
BIBLIOGRAPHY
A View of the State of Europe during the Middle Ages, 1818; 2nd edition, 1819; passed through twelve editions before 1855; revised and corrected, 1868; adapted to the use of students by W. Smith, 1871; edited by A. Murray, 1872; translated into Italian by G. Carraro and published at Firenze, 1874; Supplemental Notes to View of the State of Europe, 1848. The Constitutional History of England from the Accession of Henry VIII. to Death of George II., 1827; translated into German by F. A. Rüder and
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PREFACE
PREFACE
The origin and progress of the English Constitution, down to the extinction of the house of Plantagenet, formed a considerable portion of a work published by me some years since, on the history, and especially the laws and institutions, of Europe during the period of the middle ages. It had been my first intention to have prosecuted that undertaking in a general continuation; and when experience taught me to abandon a scheme projected early in life with very inadequate views of its magnitude, I
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CHAPTER I
CHAPTER I
ON THE ENGLISH CONSTITUTION FROM HENRY VII. TO MARY Ancient government of England. —The government of England, in all times recorded by history, has been one of those mixed or limited monarchies which the Celtic and Gothic tribes appear universally to have established, in preference to the coarse despotism of eastern nations, to the more artificial tyranny of Rome and Constantinople, or to the various models of republican polity which were tried upon the coasts of the Mediterranean Sea. It bore
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CHAPTER II
CHAPTER II
ON THE ENGLISH CHURCH UNDER HENRY VIII., EDWARD VI., AND MARY Reformation. State of public opinion as to religion. —No revolution has ever been more gradually prepared than that which separated almost one-half of Europe from the communion of the Roman see; nor were Luther and Zuingle any more than occasional instruments of that change which, had they never existed, would at no great distance of time have been effected under the names of some other reformers. At the beginning of the sixteenth cen
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CHAPTER III
CHAPTER III
ON THE LAWS OF ELIZABETH'S REIGN RESPECTING THE ROMAN CATHOLICS Change of religion on the queen's accession. —The accession of Elizabeth, gratifying to the whole nation on account of the late queen's extreme unpopularity, infused peculiar joy into the hearts of all well-wishers to the Reformation. Child of that famous marriage which had severed the connection of England with the Roman see, and trained betimes in the learned and reasoning discipline of protestant theology, suspected and oppressed
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CHAPTER IV
CHAPTER IV
ON THE LAWS OF ELIZABETH'S REIGN RESPECTING PROTESTANT NONCONFORMISTS The two statutes enacted in the first year of Elizabeth, commonly called the Acts of Supremacy and Uniformity, are the main links of the Anglican church with the temporal constitution, and establish the subordination and dependency of the former; the first abrogating all jurisdiction and legislative power of ecclesiastical rulers, except under the authority of the Crown; and the second prohibiting all changes of rites and disc
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CHAPTER V
CHAPTER V
ON THE CIVIL GOVERNMENT OF ELIZABETH The subject of the two last chapters, I mean the policy adopted by Elizabeth for restricting the two religious parties which from opposite quarters resisted the exercise of her ecclesiastical prerogatives, has already afforded us many illustrations of what may more strictly be reckoned the constitutional history of her reign. The tone and temper of her administration have been displayed in a vigilant execution of severe statutes, especially towards the cathol
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CHAPTER VI
CHAPTER VI
ON THE ENGLISH CONSTITUTION UNDER JAMES I Quiet accession of James. —It might afford an illustration of the fallaciousness of political speculations, to contrast the hopes and inquietudes that agitated the minds of men concerning the inheritance of the Crown during Elizabeth's lifetime, while not less than fourteen titles were idly or mischievously reckoned up, with the perfect tranquillity that accompanied the accession of her successor. [464] The house of Suffolk, whose claim was legally indis
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CHAPTER VII
CHAPTER VII
ON THE ENGLISH CONSTITUTION FROM THE ACCESSION OF CHARLES I. TO THE DISSOLUTION OF HIS THIRD PARLIAMENT 1625-1629 Charles the First had much in his character very suitable to the times in which he lived, and to the spirit of the people he was to rule; a stern and serious deportment, a disinclination to all licentiousness, and a sense of religion that seemed more real than in his father. [629] These qualities we might suppose to have raised some expectation of him, and to have procured at his acc
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CHAPTER VIII
CHAPTER VIII
FROM THE DISSOLUTION OF CHARLES'S THIRD PARLIAMENT TO THE MEETING OF THE LONG PARLIAMENT The dissolution of a parliament was always to the prerogative what the dispersion of clouds is to the sun. As if in mockery of the transient obstruction, it shone forth as splendid and scorching as before. Even after the exertions of the most popular and intrepid House of Commons that had ever met, and after the most important statute that had been passed for some hundred years, Charles found himself in an i
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CHAPTER IX
CHAPTER IX
FROM THE MEETING OF THE LONG PARLIAMENT TO THE BEGINNING OF THE CIVIL WAR Character of the long parliament. —We are now arrived at that momentous period in our history, which no Englishman ever regards without interest, and few without prejudice; the period from which the factions of modern times trace their divergence; which, after the lapse of almost two centuries, still calls forth the warm emotions of party-spirit, and affords a test of political principles; at that famous parliament, the th
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CHAPTER X
CHAPTER X
FROM THE BREAKING OUT OF THE CIVIL WAR TO THE RESTORATION Part I Factions that, while still under some restraint from the forms at least of constitutional law, excite our disgust by their selfishness or intemperance, are little likely to redeem their honour when their animosities have kindled civil warfare. If it were difficult for an upright man to enlist with an entire willingness under either the royalist or the parliamentarian banner, at the commencement of hostilities in 1642, it became far
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CHAPTER XI
CHAPTER XI
FROM THE RESTORATION OF CHARLES THE SECOND TO THE FALL OF THE CABAL ADMINISTRATION Popular joy at the restoration. —It is universally acknowledged that no measure was ever more national, or has ever produced more testimonies of public approbation, than the restoration of Charles II. Nor can this be attributed to the usual fickleness of the multitude. For the late government, whether under the parliament or the protector, had never obtained the sanction of popular consent, nor could have subsiste
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CHAPTER XIII ON THE STATE OF THE CONSTITUTION UNDER CHARLES II.
CHAPTER XIII ON THE STATE OF THE CONSTITUTION UNDER CHARLES II.
It may seem rather an extraordinary position, after the last chapters, yet is strictly true, that the fundamental privileges of the subject were less invaded, the prerogative swerved into fewer excesses, during the reign of Charles II. than perhaps in any former period of equal length. Thanks to the patriot energies of Selden and Eliot, of Pym and Hampden, the constitutional boundaries of royal power had been so well established that no minister was daring enough to attempt any flagrant and gene
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CHAPTER XIV THE REIGN OF JAMES II.
CHAPTER XIV THE REIGN OF JAMES II.
The great question that has been brought forward at the end of the last chapter, concerning the right and usage of election in boroughs, was perhaps of less practical importance in the reign of Charles the Second than we might at first imagine, or than it might become in the present age. Whoever might be the legal electors, it is undoubted that a great preponderance was virtually lodged in the select body of corporations. It was the knowledge of this that produced the corporation act soon after
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CHAPTER XV ON THE REIGN OF WILLIAM III.
CHAPTER XV ON THE REIGN OF WILLIAM III.
The Revolution is not to be considered as a mere effort of the nation on a pressing emergency to rescue itself from the violence of a particular monarch; much less as grounded upon the danger of the Anglican church, its emoluments, and dignities, from the bigotry of a hostile religion. It was rather the triumph of those principles which, in the language of the present day, are denominated liberal or constitutional, over those of absolute monarchy, or of monarchy not effectually controlled by sta
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CHAPTER XVI ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF ANNE, GEORGE I., AND GEORGE II.
CHAPTER XVI ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF ANNE, GEORGE I., AND GEORGE II.
The act of settlement was the seal of our constitutional laws, the complement of the revolution itself and the bill of rights, the last great statute which restrains the power of the Crown, and manifests, in any conspicuous degree, a jealousy of parliament in behalf of its own and the subject's privileges. The battle had been fought and gained; the statute-book, as it becomes more voluminous, is less interesting in the history of our constitution; the voice of petition, complaint, or remonstranc
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CHAPTER XVII ON THE CONSTITUTION OF SCOTLAND—INTRODUCTION OF THE FEUDAL SYSTEM
CHAPTER XVII ON THE CONSTITUTION OF SCOTLAND—INTRODUCTION OF THE FEUDAL SYSTEM
It is not very profitable to enquire into the constitutional antiquities of a country which furnishes no authentic historian, nor laws, nor charters, to guide our research, as is the case with Scotland before the twelfth century. The latest and most laborious of her antiquaries appears to have proved that her institutions were wholly Celtic until that era, and greatly similar to those of Ireland. [418] A total, though probably gradual, change must therefore have taken place in the next age, brou
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CHAPTER XVIII ON THE CONSTITUTION OF IRELAND
CHAPTER XVIII ON THE CONSTITUTION OF IRELAND
Ancient state of Ireland. —The antiquities of Irish history, imperfectly recorded, and rendered more obscure by controversy, seem hardly to belong to our present subject. But the political order or state of society among that people at the period of Henry II.'s invasion must be distinctly apprehended and kept in mind, before we can pass a judgment upon, or even understand, the course of succeeding events, and the policy of the English government in relation to that island. It can hardly be neces
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