CONTENTS

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CHAPTER I

ON THE ENGLISH CONSTITUTION FROM HENRY VII. TO MARY

Ancient Government of England—Limitations of Royal Authority—Difference in the Effective Operation of these—Sketch of the State of Society and Law—Henry VII.—Statute for the Security of the Subject under a King de facto—Statute of Fines—Discussion of its Effect and Motive—Exactions of Money under Henry VII.—Taxes demanded by Henry VIII.—Illegal Exactions of Wolsey in 1523 and 1525—Acts of Parliament releasing the King from his Debts—A Benevolence again exacted—Oppressive Treatment of Reed—Severe and unjust Executions for Treason—Earl of Warwick—Earl of Suffolk—Duke of Buckingham—New Treasons created by Statute—Executions of Fisher and More—Cromwell—Duke of Norfolk—Anne Boleyn—Fresh Statutes enacting the Penalties of Treason—Act giving Proclamations the Force of Law—Government of Edward VI.'s Counsellors—Attainder of Lord Seymour and Duke of Somerset—Violence of Mary's Reign—The House of Commons recovers part of its independent Power in these two Reigns—Attempt of the Court to strengthen itself by creating new Boroughs—Causes of the High Prerogative of the Tudors—Jurisdiction of the Council of Star-Chamber—This not the same with the Court erected by Henry VII.—Influence of the Authority of the Star-Chamber in enhancing the Royal Power—Tendency of religious Disputes to the same End Page 7

CHAPTER II

ON THE ENGLISH CHURCH UNDER HENRY VIII., EDWARD VI., AND MARY

State of public Opinion as to Religion—Henry VIII.'s Controversy with Luther—His Divorce from Catherine—Separation from the Church of Rome—Dissolution of Monasteries—Progress of the Reformed Doctrine in England—Its Establishment under Edward—Sketch of the chief Points of Difference between the two Religions—Opposition made by Part of the Nation—Cranmer—His Moderation in introducing Changes not acceptable to the Zealots—Mary—Persecution under her—Its Effect rather favourable to Protestantism Page 58

CHAPTER III

ON THE LAWS OF ELIZABETH'S REIGN RESPECTING THE ROMAN CATHOLICS

Change of Religion on the Queen's Accession—Acts of Supremacy and Uniformity—Restraint of Roman Catholic Worship in the first Years of Elizabeth—Statute of 1562—Speech of Lord Montague against it—This Act not fully enforced—Application of the Emperor in behalf of the English Catholics—Persecution of this Body in the ensuing Period—Uncertain Succession of the Crown between the Families of Scotland and Suffolk—The Queen's Unwillingness to decide this, or to marry—Imprisonment of Lady Catherine Grey—Mary Queen of Scotland—Combination in her Favour—Bull of Pius V.—Statutes for the Queen's Security—Catholics more rigorously treated—Refugees in the Netherlands—Their Hostility to the Government—Fresh Laws against the Catholic Worship—Execution of Campion and others—Defence of the Queen by Burleigh—Increased Severity of the Government—Mary—Plot in her Favour—Her Execution—Remarks upon it—Continued Persecution of Roman Catholics—General Observations Page 105

CHAPTER IV

ON THE LAWS OF ELIZABETH'S REIGN RESPECTING PROTESTANT NONCONFORMISTS

Origin of the Differences among the English Protestants—Religious Inclinations of the Queen—Unwillingness of many to comply with the established Ceremonies—Conformity enforced by the Archbishop—Against the Disposition of others—A more determined Opposition, about 1570, led by Cartwright—Dangerous Nature of his Tenets—Puritans supported in the Commons—and in some Measure by the Council—Prophesyings—Archbishops Grindal and Whitgift—Conduct of the latter in enforcing Conformity—High Commission Court—Lord Burleigh averse to Severity—Puritan Libels—Attempt to set up a Presbyterian System—House of Commons averse to episcopal Authority—Independents liable to severe Laws—Hooker's Ecclesiastical Polity—Its Character—Spoliation of Church Revenues—General Remarks—Letter of Walsingham in Defence of the Queen's Government Page 162

CHAPTER V

ON THE CIVIL GOVERNMENT OF ELIZABETH

General Remarks—Defective Security of the Subject's Liberty—Trials for Treason and other Political Offences unjustly conducted—Illegal Commitments—Remonstrance of Judges against them—Proclamations unwarranted by Law—Restrictions on Printing—Martial Law—Loans of Money not quite voluntary—Character of Lord Burleigh's Administration—Disposition of the House of Commons—Addresses concerning the Succession—Difference on this between the Queen and Commons in 1566—Session of 1571—Influence of the Puritans in Parliament—Speech of Mr. Wentworth in 1576—The Commons continue to seek Redress of ecclesiastical Grievances—Also of Monopolies, especially in the Session of 1601—Influence of the Crown in Parliament—Debate on Election of non-resident Burgesses—Assertion of Privileges by Commons—Case of Ferrers, under Henry VIII.—Other Cases of Privilege—Privilege of determining Contested Elections claimed by the House—The English Constitution not admitted to be an absolute Monarchy—Pretensions of the Crown Page 215

CHAPTER VI

ON THE ENGLISH CONSTITUTION UNDER JAMES I.

Quiet Accession of James—Question of his Title to the Crown—Legitimacy of the Earl of Hertford's Issue—Early Unpopularity of the King—Conduct towards the Puritans—Parliament convoked by an irregular Proclamation—Question of Fortescue and Goodwin's Election—Shirley's Case of Privilege—Complaints of Grievances—Commons' Vindication of themselves—Session of 1605—Union with Scotland debated—Continual Bickerings between the Crown and Commons—Impositions on Merchandise without Consent of Parliament—Remonstrances against these in Session of 1610—Doctrine of King's absolute Power inculcated by Clergy—Articuli Cleri—Cowell's Interpreter—Renewed Complaints of the Commons—Negotiation for giving up the Feudal Revenue—Dissolution of Parliament—Character of James—Death of Lord Salisbury—Foreign Politics of the Government—Lord Coke's Alienation from the Court—Illegal Proclamations—Means resorted to in order to avoid the Meeting of Parliament—Parliament of 1614—Undertakers—It is dissolved without passing a single Act—Benevolences—Prosecution of Peacham—Dispute about the Jurisdiction of the Court of Chancery—Case of Commendams—Arbitrary Proceedings in Star-Chamber—Arabella Stuart—Somerset and Overbury—Sir Walter Raleigh—Parliament of 1621—Proceedings against Mompesson and Lord Bacon—Violence in the Case of Floyd—Disagreement between the King and Commons—Their Dissolution, after a strong Remonstrance—Marriage-Treaty with Spain—Parliament of 1624—Impeachment of Middlesex Page 266

CHAPTER VII

ON THE ENGLISH CONSTITUTION FROM THE ACCESSION OF CHARLES I. TO THE DISSOLUTION OF HIS THIRD PARLIAMENT

Parliament of 1625—Its Dissolution—Another Parliament called—Prosecution of Buckingham—Arbitrary Proceedings towards the Earls of Arundel and Bristol—Loan demanded by the King—Several committed for Refusal to contribute—They sue for a Habeas Corpus—Arguments on this Question, which is decided against them—A Parliament called in 1628—Petition of Right—King's Reluctance to grant it—Tonnage and Poundage disputed—King dissolves Parliament—Religious Differences—Prosecution of Puritans by Bancroft—Growth of High-Church Tenets—Differences as to the Observance of Sunday—Arminian Controversy—State Catholics under James—Jealousy of the Court's Favour towards them—Unconstitutional Tenets promulgated by the High-Church Party—General Remarks Page 347

                                                                                                                                                                                                                                                                                                           

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