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.

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]

{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

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

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

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

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

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

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

Harold, usurpation and death of, 271

Henry I., usurpation of, 272; reign of, 273; death of, 274; charters of, 304

Henry II., reign of, 275; charters of, 306; negotiations of, with Rome, 278; Parliaments of, 292

Henry III., reign of, 319; charters of, 320, 321, 323; struggles of, with the barons, 355, 356, 359; Parliaments convoked by, 360, 362; political character of, 368

Henry IV., reign of, 518

Henry V., parliamentary character of the reign of, 518

Hierarchy of feudalism, 175

Hincmar, Archbishop, letter of, on national assemblies, 164

History, simultaneous development of, 1, 2, 11; aspects of, 259, 260; adoption of, to the present age, 261

History, of the Anglo-Saxons, 29, 37

History, of England, sketch of, 270; remarkable fact in the, 494

History, of English towns, 364

History, European, epochs of, 13, 258

History, of free nations, 260

History, philosophic, 260

History, poetical, 259

History, political, 262

History, practical, 260

Honorati, the, under the Roman empire, 243

Honorius III., decrees of, 321

House of Commons, origin of the, 268, 419-423, 437; early importance of, 424; rights of the, 480; participation of, in the legislature, 481

House of Commons, in the 14th century, 388

House of Commons, in the reign of Henry III., 484

House of Commons, in the reign of Edward II., 458

House of Commons, speaker of the, first chosen, 478

{530}

House of Lords, origin of the, 419-423, 435; results of the establishment of the, 437; increasing powers of, 486; struggles of, with the Commons, 498

House of Lords, in the 15th century, 515

Houses of Parliament, origin of the separation of the, 314, 418; distinct characters of, 372, 478

Hubert de Burgh, 322

Hugh Capet, 101, 160; succession of, 171

Hullman, Dr., views of, on the social state, 104

Hume, history by, 259, 260

Independence under the feudal system, 130

Independence, individual, 156

Industry, national, protection of, 491

Inequality, tendency of society to, 440

Influence, political, 231

Initiative, right of, 464, 467, 483; abuse of, 471; introduction of the present form of, 507

Innocent III., Pope, 311, 317

Institutions, points necessary to the study of, 32; three systems of, 148

Institutions, ancient, study of, 4, 7

Institutions, Anglo-Norman, 282; political estimation of the, 283, 314, 328

Institutions, Anglo-Saxon, 38, 46, 282, 284; political estimation of, 283

Institutions, central, 46, 52, 159, 229, 282

Institutions, English, foundations of the, 30, 284

Institutions, European, 3, 13; general character of, 23; origin of, 281

Institutions, feudal, establishment of, 172

Institutions, Frankish, 82; difficulties relating to, 103, 104, 149

Institutions, free, birth of, 254; establishment of, in England, 28, 284; circumstances favourable to, 494; decline of, 149, 172

Institutions, of liberty in Germany, 148

Institutions, local, 1, 150; results of, 45, 150

Institutions, of the Visigoths, 237

Institutions, monarchical, decline of, 158, 172

Institutions, political, study of, 11

Institutions, Roman, 235

Insurrections in England, 323, 355, 360

Ireland, conquest of, 279

Irenarchæ, 199

Jews, treatment of, by the Visigoths, 211; massacre of the, 271

John, reign of, 308-318; character of, 301; excommunication of, 310

Judges, laws referring to, 239, 240; appointment of, 315

Jurisdiction, seignorial, extension of, 153

Jurisdiction, of counts, 158

Jurisdiction, of dukes, 152

Jurisdiction, Norman, 296

Juries, Gothic, in Spain, 247

Jury, origin of the, 44; election of officers by, 249

Justice, character, and power of, 33; administration of, according to Magna Charta, 314

Justices, itinerant, 297

Justinian, laws of, 199; possessions of, 210

Kingdom of the Franks, division of the, 92, 95

{531}

Kingdoms, barbarian foundation of, 27,86, 87

King's court, 291, 294

King's ministers, appointment of, 488

Kings, origin of the appointment, 53; private domains of, 113; progress of the power of, 151, 486; duties of, 169, 225; election of, 222

Kings, Anglo-Saxon, 53

Kings, Frankish, 113

Kings, of France, maintenance of, 108

Kings, Norman, wealth of, 295; government of, 290, 298

Kings, of the Visigoths, 207-214

Knights of shires, appointment of, 351, 353, 354; admission of, to Parliament, 353; influence of, 358, 359; election of, 380, 419

Lands, distribution of, in France, 111; condition of, a symbol of the condition of persons, 105

Lands, allodial, 106; division of, 106; taxation of, 108

Lands, beneficiary, 112

Lands, salic, 106, 107

Lands, tributary, 126

Lands, waste, 128

Landowners, power of, 47, 377; benefices conceded by, 124

Language, changes in, connected with the changes in society, 65

Law, theory of, 217, 218

Law, courts, established in England, 297

Law, of the inviolability of members, 511; infringement of the, 512

Law, Divine, the true law of man, 60, 347

Law, man, subject to, 60, 349

Laws, barbarian, 137, 215

Law, of compurgation, 250, 251

Law, criminal, principles of, 226

Laws of Henry I., 273

Laws relating to judges, 239, 240, 315

Laws relating to slaves, 227

Laws, Saxon, 286

Laws, of tenure, 1, 14, 117, 120, 135

Laws of the Visigoths, 119, 125, 177, 208, 215, 229, 236

Laws of William the Norman, 271

Leicester, Earl of, result of the insurrection headed by, 323, 355, 360; government of, 361; death of, 362

Legislation, theory of, 216

Legislation, Anglo-Saxon, 36, 41

Legislation, according to Magna Charta, 314

Legislation, parliamentary, 480, 481

Legislation, under William the Norman, 45, 272

Legislation, of the Visigoths, 215, 228; defects of the, 229

Legislature, division of the, into three branches, 514

Legislature, English, 30, 41

Leovigild, reign of, 210

Leudes, appointment of, 141; offices held by, ib.; duties and emoluments of, 142; rise of the, 160

Liberalism, progress of, 369

Liberty, demands of, on society, 133; character of, in the early ages, 135; aspects of, 154, 155; principles of, 201, 205; guarantees of, 240; sources of, 269; theory of, 335

Liberty, natural, 155

Liberty, moral, 155

Liberty, municipal, 241-244

Liberty, personal, two meanings of, 154

Liberty, political, origin of, 283; secret of, 443; principles of, 450

Liberty, of the press, advantages arising from the, 64, 81, 264

Liberty, social, 155

{532}

Liberties, English, causes of the, 283, 424

Liberties, of the Franks, Mannert on the, 143

Liuva I., reign of, 210

Liuva. II., death of, 211

London, early political importance of, 365

Lords, committee of, appointed, 501

Lords, struggles of the, with royalty, 502; with the Commons, 496, 498

Lords, House of, 419-423, 435; results of the establishment of, 437

Lords, ordainers, institution of, 456, measures of the, 477

Louis the Debonnair, reign of, 98, 99, 158, 171

Louis the Prince, conquest of England by, 318; his resignation of the kingdom, 320

Louis, St., arbitration of, between Henry III. and his barons, 360

Loyalty, general requirements of, 123

Magistrates, appointment of, 45, 361; various kinds of, 238

Magistrates, municipal, 198, 199

Magistrates, local, 238

Magna Charta, 309; analysis of, 313-316; violation of, 317; confirmation of, 493

Magnum Concilium, 290

Magnum commune consilium regni, 448

Majority, sovereignty of the, 340

Man, a free agent, 427

Mannert, on "the liberties of the Franks," 143

Mariana, Abbé, on Councils of Toledo, 241

Marshals of England appointed, 327

Martel, Charles, 91, 92; seizure of church property by, 118; despotism of, 157

Matilda, queen of Henry I., 273

Matilda, daughter of Henry I., coronation of, 274

Mayors of the palace, institution of, 90; authority of, 164

Members of Parliament, 383; nomination of, 377; election of, 385; classification of, 421-422; inviolability of, 511; salaries paid to, 383, 461

Merovingians, fall of the, 91, 160; tendency of events under the, 94

Might and right, amalgamation of, 431

Ministers of State, responsibility of, 488

Monarchy, issue of, from feudalism, 174; progress of, under Charlemagne, 15, 157

Monarchy, absolute, in France, 56, 149

Monarchy, absolute, in England, 519

Monarchy, Anglo-Saxon, 48

Monarchy, English, 266; character of the, 267; increasing powers of, 451

Monarchy, Frankish, 89; decline of, 158

Monarchy, French, 86; extension of, 148, 149

Monarchy, of the Visigoths, 208-214, 221; destruction of the, by the Arabs, and consequent results, 254

Montesquieu, on "Representative government," 56

Montesquieu, on the "Tenure of Benefices," 116

Montesquieu, on the "Origin of Nobility," 142

Montfort, Simon de, rebellion of, 355, 360; death of, 362

Municipia, 181; constitution of the, 184; growing importance of, 186; burdens of the, 188; decay of the, 191

Murder, punishment of, under the feudal system, 137, 138

{533}

Nations, free, history of, 260

Nature, law of, 8, 129

Neustria, kingdom of, 88, 89

Nobles, functions of the, in early Parliaments, 292

Nobility, origin of the, 142, 143

Nobility, Montesquieu on, 142

Normandy, union of, to the British crown, 273; reunion of, to the crown of France, 310

Normandy, feudalism in, 285

Normans, the, 100; resemblance of, to the Anglo-Saxons, 281; national assemblies of the, 290

Norway, election of the kings of, 298, 311

Oath of the Adalid, 248

Oaths of fidelity, 123

Office of kings appointed, 53

Offices held by Leudes, 141

Officers, municipal, 183, 198

Officium palatinum, 234

Omnipotence, great question of, 441

Oppression, primary cause of, 133, 134

Ordeal, trials by, 249, 251, 252

Ordinances, nature of, 482

Organization, monarchical, 158

Ostrogoths, in Italy, 236

Oxford, Parliament of, 356; acts of the, 357

Palace, keeper of the, 166

Palace, mayors of the, 90, 164

Palatines, appointment of, 167

Parliament, English, a secret assembly, 81; origin of the, 266, 268; formation of, 350-354, 366, 388; progress of, 326, 360, 370, 372, 453; final establishment of the, 372; composition of, 374, 376; original constitution of, 419; sittings of, 421; present constitution of, 423; object of, 442; first name of, 448; power and attributes of, 449; vicissitudes of, 452; development of, 467; prorogations of, 479, 499; reaction against, 503; climax of the power of, 518; suspension of, 520; admission of the Commons to, 370

Parliament, Anglo-Norman, 290

Parliament, two Houses of, necessity for the, 265; origin of the division, 418-421, 434

Parliament, the Good, 490

Parliament, of Oxford, 356, 367; acts of the, 357

Parliament, the Wonderful, 502

Parliaments, annual, 496; statutes relating to, 477

Parliament, of Edward II., 370, 371, 374, 454, 455

Parliament, of Edward III., 455, 477

Parliament, of Henry II., 292

Parliament, of Henry III., 360, 362

Parliament, of Richard II., 494-507

Party influence, action of, 406

Peers, origin of the House of, 52; functions of the, 435; advantages of, 436

Pembroke, Earl of, 320

People, sovereignty of the, 69

Pepin, ancestors of, 90, 91

Pepin the Short, 96; despotism of, 157, 160

Perers, or Pierce, Alice, influence of, 488

Persons, classification of, 132; principles of, 134, 193

Peter de Roches, 322

Petition, right of, 463, 465, 469; abuse of the, 470; right of, superseded, 515

Petitions, practice regarding, 459; presentation of, 464, 468, 482; discussions of, 472; usage of, exchanged for bills, 513

{534}

Phenomena of nature and of mind, 102

Philosophy of fact, 426

Philosophy of will, 337, 338, 344

Philosophy school of, 426, 427, 430, 432

Plurality, definition of, by Pascal, 62

Police regulations, 42, 271

Poll-tax levied, 497, 498

Politics, art of, 443

Popes, origin of the right of, to make and unmake kings, 96; powers of the, 311, 317, 321; resistance of the Commons to the, 490

Power, derivation of, 346; legitimacy of, 349 absolute, characteristics of, 58, 59, 233, 299, 346; fallibility of, 77; theory of, 341; causes which led to the establishment of, in France, 424; bulwarks against, 442; struggles of, in England, 495-502

Power, administrative, division of, in England, 289

Power, central, division of, 444; relation of, to representative government, 445

Power, ecclesiastical, 275, 276; decline of, in England, 282

Power, electoral, 264; division of, in England, 266

Power, executive, 288; tendency of, 289; theory of, 340

Power, judicial, 288, 441; division of, 289, 517; concentration of, in the person of Henry II., 296

Power, legislative, 288; division of, in England, 418-424; effects of, 446

Power, monarchical, progress of, 15

Power, regal, extension of, 148, 151; causes of the, 160, 276; theory of, 218, 446; origin of, 219; struggles of, with feudal powers, 308-325; restrictions to, 361; resistance of the Commons to, 477

Powers, division of, essential to government, 79, 289; results of, in England, 268

Powers, emancipation of, in France, 289

Powers, which rule society, 288

Precaria, origin of the, 117

Prerogative, royal origin of, 300; maintenance of, 503

Problem of government, 78

Progress, the law of nature, 129

Property, territorial, 126-129

Proprietors, isolation of, 130 allodial, 135 beneficiary, 135

Prorogation of Parliament, 499; right of, 478, 479

Publicity, an essential characteristic of representative government, 80, 265

Publicity, in England, 81

Reason, unity of, 79; sovereignty of, 343, 346

Reason, the source of power, 346

Recared I., reign of, 211

Recared II., reign of, 212

Recesuinth, accession of, 213; laws of, 244

Reconciliation, theory of, 338

Recommendation, feudal system of, 125, 126

Reformation, causes which led to the, 491

Regent, title of, first adopted, 320

Régime, feudal, in France, 97

Relations, social, rule of, 428

Religion, influence of, on royal power, 161, 162

Rentals, origin of, 127

Representation, political meaning of the term, 334, 348; theories of, 335, 336, 341; doctrine of, 347; first development of, in English government, 354, 355; progress of, 363, 367

{535}

Representation of counties, 363

Representation of boroughs, 364-366

Representation of universities, 373

Representation of will, 339

Representatives of counties, election of, 381; payment of, 383, 461; number of, 405; coalition of, with members for boroughs, 422; qualifications of, 410

Representatives of boroughs, election of, 384, 385; assembly of, 419

Republic, Venetian, result of the, 69

Requirements, historic, of the present age, 261

Revenue, public employment of the, 499

Revenues of the Norman kings, 296

Revolutions, general effects of, on society, 2, 10; epochs of, 187

Revolutions, French, effects of the, 40

Richard Cœur de Lion, 279; death of, 280; reign of, 306

Richard II., reign of, 494-506; government of, 500; deposition of, 505, 506, 509; political character of, 507, 508

Right, impossibility of defining, 429; philosophy of, 426, 437, 430; legitimacy of, 431

Right and might, amalgamation of, 431

Right, derived from capacity, 394

Right, Divine, theory of, 213, 446

Right, of enquiry, 473, 487

Right, hereditary, 435

Right, initiative, 464, 471; completion of the, 514

Right, of petition, 463, 469

Right, of prorogation, 478, 479

Rights, electoral, 406, 407

Rights, municipal, 200, 385, 386

Rights, national, 63

Rights, political, 63; separation of, from municipal rights, 200

Rights, public, combination of, 391; independence of, 392

Robert, duke of Normandy, 273

Robertson, history by, 259, 260;

Rochester, siege of, 317

Rome, political institutions of, 184; classification of the inhabitants of, 193, 200; centralization of power in, 202

Rousseau, his hypothesis of society, 57; his theory of representation, 335, 337, 339

Royalty, theory of, 218; struggles with feudal aristocracy, 311, 317, 322, 327

Royalty, among the Franks, 159

Royalty, Anglo-Norman, 295; wealth and power of, 296-299

Runnymede, conference at, 312

Salic lands, 107

Salic law, 107

Salisbury, Parliament at, 373

Savigny, M. de, on the laws of the Visigoths, 241, 244

Saxons, enmity of, to the Danes, 270; analogy of, with the Normans, 282; national assemblies of the, 291-293

School, philosophic, fundamental principles of, 426; errors of the, 427, 429, 430, 432

School, historic principles of the, 426; errors of the, 433

Science, political, 389

Scribæ, 199

Scotland, early independence of, 484; wars of, 486

Senators, Roman, 194

Serfs, see Slaves.

Service, military, origin of, 109; limits of, 110; exaction of, 326

{536}

Siesbut, reign of, 211

Sisenand, usurpation of, 212

Slaves, 33, 38; causes of the condition of, 136; laws regarding, 227

Socialism, first law of, 57

Society, classification of, 33; origin of, 57; philosophy of, 57; desire and tendency of, 66, 438, 439; earliest condition of, 133; tests of the social condition of, 137; meaning and object of, 441; government of, 288; parliamentary classification of, 420, 422; great aim of, 432, 438

Society, Anglo-Saxon, 34-37

Society, Christian, influence of, on the fallen powers of Rome, 187; growth of, 189

Sovereignty, right of, 58; effects of, 67; theories of, 263, 264; opinions of Bracton and Fortescue on, 267

Sovereignty, individual, theory of, 336-338, 242; results of, 443; division of, 445

Sovereignty, of the majority, 340

Sovereignty, of reason, 343

Sovereignty, of will, 341, 344

Spain, under the Roman Empire, 206; invasion of, 209; monarchy in, 210; fall of the, 214; division of, into dioceses, 213; Gothic laws of, 246, 247; institutions of, 235

Speaker of the House of Commons, first appointed, 478; functions of the, 511

Speech, liberty of, secured, 510

State, councils of, 165; revenues of the, 487

States, barbarian, 232, 281

States, modern, 201, 448; comparison of, with the Roman Empire, 113, 201

Statute of Acton Burnel, 420

Statute in confirmation of charters, 330

Statute granted to the clergy, 499

Statutes, formation of, 461, 482

Stephen, wars of, 274; regal power of, 300; charters of, 305

Sub-enfeoffment, origin of, 124

Subsidies, conditions attached to, 461, 497, 498; appropriation of, 480

Succession, hereditary, 101, 158, 159, 209, 212

Suffolk, earl of, 501

Suffrage, universal, origin of, 339

Suffrage, right of, 381, 385

Suffrage, Roman, 181

Suinthila, king of the Visigoths, 212

Susceptor, 199

Suzerainty, 172, 173

System, electoral, of England, 377-388, 408, 517

System, feudal, 14, 35, 126, 173, 146, 158, 171, 175; establishment of, in Normandy, 103, 283; origin of the, 112

System, municipal, 200; decay of, 202, 204

System, municipal, Roman, 178; effects of the, 180, 181; extension of the, 186; results of the, 189; abolition of the, 192

System, philosophical, 343

System, representative, nature of the, 348; object of, 440; principle of, 440, 449

Systems, judicial, of France and England, 287

Tabularii, 147

Talliage, 364

Taxes levied by Edward I., 326

Taxes levied by Edward III., 479, 498

Taxes levied by Henry III., 323

Taxes levied by the Norman kings, 296, 305, 306

Taxes levied by Richard II., 497

Taxes, right of imposing, 364, 480, 495

Taxes, voting of, 400, 481

{537}

Taxes, distinction between, and the civil list, 496

Taxes, imposition of, in France, 110

Tenchebray, battle of, 273

Tenure, laws of, 114, 117, 120, 124, 135

Tenure, Montesquieu on, 116

Tenure, of national assemblies, 293

Territory, divisions of, under the Anglo-Saxons, 42

Territory, divisions of, by the Frankish kings, 86, 92

Thanes, history of the, 33-35

Theodosius the Great, 24

Theodoric, dominions of, 86 invasion of Spain by, 207; death of, 208

Theodoric II., 208

Theory of law, 217

Theory of power, 219, 220

Theory of reconciliation, 338

Theory of royalty, 218

Theories of representation, 335, 336; consequences of, 337

Theories of government, 341

Theudegisil, king of the Visigoths, 210

Thorismund, 208

Time, past, importance of the study of, 5; present characteristics of the, 21

Toledo, general councils of, 211-213, 221, 230; political influence of the, 231, 233; Abbé Mariana on the, 241

Tories, their estimation of Saxon and Norman institutions, 283; opinions of, on national assemblies, 290; on electors, 377; theories of, refuted, 382

Towns, English, importance of, 268, 306, 362, 364; liberties of, 265, 280; effects of the Norman conquest on, 294; deputies of, called to Parliament, 362; representation of, 366

Towns, conquered, treatment of, by the Romans, 181

Trial, by ordeal, 249, 251

Trial by jury, 250, 252

Tribute, laws of, 108

Truth, difficulty of attaining the, 19; characteristics of, 68

Tyranny, local, effects of, 174; origin of; 340, 341

Tythes, institution of, 326; continuation of, 372

Unity, definition of, 62, 265; power of, in government, 72

University of Oxford first represented in Parliament, 373

Usurpation, frequency of, 223

Vascons or Basques, defeat of the, 210

Vassals, etymology of the term, 122; condition of, 175

Vassals, royal, duties of, 296

Vassalage, 122, 126

Visigoth legislation, character of, 215

Visigoths, laws of the, 119, 125, 177, 208, 215; national assemblies of, 211; institutions of, 237

Visigoths, monarchy of the, in Gaul, 207, 208

Visigoths, monarchy in Spain, 207, 210

Visigoths, bishops of the, 232; character of, 236

Visigoths, kings of the, 207-214; duties of the, 225

Votes, classification of, 420

Wallia, king of the Visigoths, 207

Wamba, 213

Wars, civil, 274, 275, 280, 311, 519; results of, 301, 520

{538}

Wars of Clovis, 34

Wars of Edward II., 456

Wars of Henry III., 323

Wars of Stephen, 274

Wars regulated by Parliament, 486

Wars of York and Lancaster, 519; effects of, on the representative form of government, 520

Wealth, stationary condition of, 131

Wealth, of the Norman kings, 295

Wehrgeld, or classified value of life, 137, 138

Whigs, opinions of the, on Saxon and Norman institutions, 283; on national assemblies, 291; on the election of members, 377

Will, philosophy of, 337, 338, 344; representation of, 339; province of the, 344

Will representation, 343

William the Norman, changes in the legislature instituted by, 45, 272; conquest of England by, 211; charters of, 303

William Rufus, political character of the reign of, 272

Wittenagemot, composition of the, 46; powers of, 49, 51; character of the, 52; assemblies of the, 284, 292, 449

Withema, 211

Witiza, reign of, 214

Writs of Chancery, 297

Writs of convocation, 371, 373, 374

Writs of election, 386

Yeomanry, English, origin of the, 36

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