Part 119

The subsequent articles are as follows: IV. Recites the acceptance of the Crown by William and Mary. V. The Convention Parliament to provide for "the settlement of the religion, laws, and liberties of the Kingdom." VI. All the clauses in the Bill of Rights are "the true, ancient, and indubitable rights and liberties of the people of this Kingdom." VII. Recognition and declaration of William and Mary as King and Queen. VIII. Repetition of the settlement of the Crown and limitations of the succession. IX. Exclusion from the Crown of all persons holding communion with the "Church of Rome" or who "profess the Popish religion" or who "shall marry a Papist." X. Every King or Queen hereafter succeeding to the Crown to assent to the Act [i.e. Disabling Act of 1678 (S478)] "disabling Papists from sitting in either House of Parliament." XI. The King and Queen assent to all the articles of the Bill of Rights. XII. The Dispensing Power (S488, note 1) abolished. XIII. Exception made in favor of charters, grants, and pardons made before October 23, 1689.

The Act of Settlement, 1700-1701.

Excludes Roman Catholics from succession to the Crown; and declares that if a Roman Catholic obtains th eCrown, "the people of these realms shall be and are thereby absolved of their allegiance." Settles the Crown on the Electress Sophia, and "the heirs of her body being Protestants." Requires the sovereign to join in communion with the Church of England. No war to be undertaken in defence of any territories not belonging to the English Crown except with the consent of Parliament. Judges to hold their office during good behavior. No pardon by the Crown to be pleadable against an impeachment by the House of Commons (S488).

This act, says Taswell-Langmead, is "the Title Deed of the reigning Dynasty, and a veritable original contract between the Crown and the People." The Electress Sophia was the granddaughter of James I: she married the Elector of Hanover, and became mother of George I. See genealogical table of Descent of the English Sovereigns in the Appendix.

MISCELLANEOUS ACTS AND LAWS

I. The Constitutions of Clarendon, 1164.

These measures (S165), says Bishop Stubbs, were "really a part of a great scheme of administrative reform." They were drawn up by a committee of bishops and barons, with the Justiciar or Chief Minister at the head. The object of the Constitutions was "to assert the supremacy of the State over clergy and laity alike." They limited the jurisdiction of the ecclesiastical courts; they established a more uniform system of justice; and, in certain cases, they provided for a kind of jury trial (see Stubb's "Constitutional History," I, 525; or, for a brief abstract of the Constitutions, see Acland and Ransome's "Political History," p. 24).

II. Bill of Attainder, 1321.

This was a bill (first used apparently in 1321) passed by Parliament, which might in itself decree sentence of death (SS351, 356). Originally, the blood of a person held to be convicted of treason or felony was declared to be *attainted* or corrupted so that his power to inherit, transmit, or hold property was destroyed. After Henry VIII's reign the law was modified so as not to work "corruption of blood" in the case of new felonies. Under the Stuarts, Bills of Attainder were generally brought only in cases where the Commons believed that impeachment would fail,--as in the cases of Strafford and Laud. It should be noticed that in an Impeachment the Commons bring the accusation, and the Lords act as judges; but that in a Bill of Attainder the Commons--that is, the accusers--themselves act as judges, as well as the Lords.

III. The Great Statutes of Praemunire, 1393.

This statute, (first passed in 1353) was reenacted in 1393 to check the power claimed by the Pope in England in cases which interfered with power claimed by the King, as in appeals made to the Court of Rome respecting Church matters, over which the King's court had jurisdiction. The statute received its name from th ewrit served on the party who had broken the law: "Praemunire facias, A.B."; that is, "Cause A.B. to be forewarned" that he appear before us to answer the contempt with which he stands charged. Henry VIII made use of this statute in order to compel the clergy to accept his supremacy over the English Church (SS265, 346, 348).

IV. Habeas Corpus Act, 1679.

The name of this celebrated statute is derived from its referring to the opening words of the writ: "Habeas Corpus ad subjiciendum." Sir James Mackintosh declares that the essence of the statute is contained in clauses 39, 40 of Magna Carta--which see. The right to Habeas Corpus was conceded by the Petition of Right and also by the Statute of 1640. But in order to better secure the liberty of the subject and for prevention of imprisonments beyond the seas, the Habeas Corpus Act of 1679 was enacted, regulating the issue and return of writs of Habeas Corpus.

The principal provisions of the Act are: 1. Jailers (except in cases of commitment for treason or felony) must within three days of the reception of the writ produce the prisoner in court, unless the court is at a distance, when the time may be extended to twenty days at the most. 2. A jailer, refusing ot do this, forfeits 100 pounds for the first offence, and 200 pounds for the second. 3. No one set at liberty upon any Habeas Corpus to be recommitted for the same offsense except by the court having jurisdiction of the case. 4. The Act not to apply to cases of debt.

V. Abstract of the Parliament Act (or Veto Act, S631), 18th August, 1911.

The Preamble states that "it is intended to substitute for the House of Lords, as it at present exists, a Second Chamber *constituted on a popular instead of hereditary basis,* but such substitution cannot be immediately brought into operation": therefore "it is expedient oto make such provision as in this Act appears for restricting the existing powers of the House of Lords" (i.e. the power of the Lords to veto bills sent them by the Commons).

1. If a Money Bill--that is, a Public Bill concerning taxation or the appropriation of money or the raising of a loan, etc.--shall be passed byy the House of Commons, but shall not be passed by the House of Lords, within one month, then it shall become law without the consent of the Lords.

2. If any Public Bill (other than a Money Bill or a bill providing for the extension of the maximum duration of Parliament beyond five years) shall be passed by the House of Commons in three successive sessions (whether of the same Parliament or not) and shall be rejected by the House of Lords in each of those sessions, "that Bill shall on its rejection for the third time by the House of Lords, unless the House of Commons direct to the contrary, become an Act of Parliament, without the consent of the Lords, provided that two years have elapsed since the Bill was introduced and passed by the House of Commons."

7. Five years shall be substituted for seven years as the time fixed for the maximum duration of Parliament under the Septennial Act of 1715 (S535).

See "The Public General Statutes," of Great Britain and Ireland, for 1911; Chapter 13, pp. 38-40.

This date is usually given 1716.

VI. William the Conqueror's Charter to London (S107).

"William, the King, greets William the Bishop, and Gosfrith the Port-reeve [or chief officer of the city] and all the burghers [or citizens] within London, French and English, friendly: and I do you to wit that I will that ye twain be worthy of all the law that ye were worthy of in King Edward's day. And I will not endure that any man offer any wrong to you. God keep you."

Taswell-Langmead's "English Constitutional History," Chapter 1, p.18. E.A. Freeman, in his "Norman Conquest," IV, 29, says that William signed this charter with a cross (in addition to his seal, which was attached to the document), but Dr. R.R. Sharpe, in his "History of London and the Kingdom," I, 34, note 1, states that "this appears to be a mistake." Dr. Sharpe is the "Records Clerk" of the City, and he shows that there is no trace of any cross on the charter, which is now preserved in Guildhall Library, London.

DESCENT OF THE ENGLISH SOVEREIGNS FROM EGBERT TO GEORGE V*

1. Egbert (descended from Cerdic, 495), first "King of the English," H 828-837 2. Ethelwulf, 837-858 H H================================================= H H H H 3. Ethelbald, 4. Ethelbert, 5. Ethelred I, 6. Alfred, 858-860 860-866 866-871 871-901 H =======================*=============== H * * 7. Edward I, 901-925 15. Sweyn, the Dane, 1013 H | ========================== \_______ H H H \ 8.Ethelstan 9. Edmund 10. Edred, 17. Canute, 925-940 940-946 946-955 1017-1035 H | ============ ------------------------- H H | * | 11. Edwin, 12. Edgar 18. Harold * * 19. Hardicanute 955-959 959-975 1035-1040 Richard I 1040-1042 H Duke of Normandy H H ================*============= H============== H * * H H H 13.Edward II Elgiva, ? m. 14. Ethelred II, m. (2) Emma Richard II, 975-979 H 979-1016 H * Duke of 16. Edmund II =================H* * Normandy (Ironside), H Godwin, Earl H 1016-1016 20. Edward III, of Kent H H the Confessor, H H Edgar Atheling, 1042-1066, second ____H H grandson of Edward II cousin of William | H H [should have succeeded the Conqueror, m. Edith H H Harold II (No. 21)] H H 21. Harold II, H ----------------------------- 1066-1066, slain H * This sign shows that the| at Hastings, 1066 H * * person over whose name | H it stands was not in the | Robert, Duke of Normandy direct line of descent. | H ----------------------------- THE NORMAN KINGS 22. William the Conqueror 1066-1087, second cousin of Edward the Confessor (No. 20) m. Matilda of Flanders, a direct descendant of Alfred the Great, (No. 6) H ================================== H H H 23. William II, +24. Henry I, Adela 1087-1100 1100-1135 H H 25. Stephen Maud, or of Blois, Matilda, m. 1135-1154 (2) Geoffrey Plantagenet, Count of Anjou H THE HOUSE OF ANJOU ++Henry II, 1154-1189 H =================================== H H H 27. Richard I Geoffrey 28. John (Lackland), (Coeur de Lion), H 1199-1216 1189-1199 Arthur, murdered H by John? 29. Henry III, 1216-1272 H ================================================= 30. Edward I, 1272-1307 H ----------------------------------------------- 31. Edward II, 1307-1327 | * The heavy lines indicate the Saxon or Early H | Norman sovereigns with their successors. 32. Edward III, 1327-1377 | + Henry I (No 24) m. Matilda of Scotland, a H | descendant of Edmund II (Ironside) (No 16). H |++ Henry II m. Eleanor of Aquitaine, the H | divorced queen of France, thereby acquiring H | large possessions in Southern France. H ----------------------------------------------- H ============================================================= H | H H Edward, the Lionel, Duke John of Gaunt Edmund Langley Black Prince of Clarence Duke of Lancaster Duke of York H | H------------------ H 33. Richard Philippa, m. HOUSE OF LANCASTER | H II, 1377-1399 Edmund Mortimer 34. Henry IV, 1399- John Richard, | H 1413 Beaufort Earl of ------------------ 35. Henry V, Earl of Cambridge, | 1413-1422, m. * Somerset++ m. Anne |-------------- Catharine of / * * | Mortimer. | | Valois, who m. (2)Owen John Beau- (See +Edmund Mortimer Anne H / Tudor fort, Duke dotted Mortimer, m. - - -H- - - - H of Somer- line) 36. Henry VI, Edmund set H _____________________ 1422-1462, m. Tudor, | Richard, Duke *Richard II, before he| Margaret of Earl of | of York, d. 1460 was deposed, had named| Anjou Richmond, m. Margaret H Roger Mortimer as his | H H Beaufort. ========= successor, but Roger | Edward H HOUSE OF YORK died before the King | Prince of Wales H 37. Edward 39. Rich- +Edmund Mortimer, son | m. (?) Anne Neville H IV, 1461- ard III, of Roger Mortimer, | who later m. Richard H 1483 1483-1485 stood in the order of | H H m. Anne succession after Rich-| H ============ Neville** ard II, but his claim | HOUSE OF TUDOR H H was not allowed. He | 40. Henry VII, m. Elizabeth 38. Edward V died 1424. | ++1485-1509 of York (murdered in H the Tower by =================================---------------- Richard III?), H H | 1483-1483 41. Henry VIII, 1509-1547, Margaret Tudor, Mary, m. m. (1) Catharine of Aragon, (2) m. James (Stuart) Charles Brandon Anne Boleyn, (3) Jane Seymour, IV, King of Scoland Duke of Suffolk (4) Anne of Cleves, (5) Catharine H | Howard, (6) Catherine Parr James (Stuart) V Frances Brandon, H H m. Henry Grey, Duke of ======================= &Mary Queen of Suffolk H H H Scots, beheaded, 1587 | 43. Mary (d. 44. Eliza- 42. Edward H Lady Jane Grey of 1), 1553-1558, beth (d. VI (s. of H (m. Lord Dudley), m. Philip II of 2), 1558- 3),1558- H beheaded, 1554 of Spain 1603 1553 H H HOUSE OF STUART 45. James (Stuart) I of England 1603-1625 H =============================================== H H 46. Charles I, Elizabeth, m. Frederick, Elector-Palatine 1625-1649++ H H Sophia, m. the Elector of Hanover =============================== H H H H HOUSE OF HANOVER 47. Charles II, 48. James II, Mary, m. William 51. George, Elector of 1660-1685 1685-1688 II of Orange Hanover, became George I H H of England, 1714-1727 ======================= 49. William III H H H H of Orange, became 52. George II, 1727- 49. Mary, 50. Anne, James William III of 1760 m. William 1702-1714 (the Old England, 1689- H III of Or- Pretender), 1702 Frederick, Prince of Wales ange, afterward b. 1688, (died before coming to the throne) William III of d. 1765 H England | 53. George III, 1760-1820 Charles, (the Young H Pretender), b.1720, d.1788 =============================== H H H 54. George IV, 55. William IV, Edward, 1820-1830 1830-1837 Duke of Kent, _______________________________________________ d. 1820 ++Henry VII (called Henry of Richmond and Henry | H of Lancaster): by his marriage with Elizabeth | 56. Victoria, of York, the rival claims of the houses of | 1837-1901 Lancaster and York were settled and the house of| H Tudor began. | 57. Edward VII, & Mary Queen of Scots stood next in order of | 1901-1910 succession after Mary (No. 43), provided Henry |________ H VIII's marriage with Catharine, or his marriage with | 58. George V, Catharine of Aragon (Mary's mother) was not held to have | 1910- been dissolved. The Pope never recognized Henry's | divorce from Catharine, or his marriage with Anne Boleyn,| and therefore supported Mary Queen of Scots in her claim | to the English crown after Mary's (43) death in 1558. | ** Richard III (No. 39) married Anne Neville, widow (?) | of Edward, Prince of Wales (son of Henry VI), slain at | Tewkesbury. | ++ Commonwealth and Protectorate, 1649-1660 |

A CLASSIFIED LIST OF BOOKS OF ENGLISH HISTORY

N.B. A selected list of twenty-eight works, especially adapted to the use of teachers and pupils for reference and collateral reading, is given on this first page. It includes names of publishers with prices.