Part 36

Parliament was not definitely divided into two houses until the reign of Edward III. In this reign the Commons succeeded in establishing the illegality of raising money without consent; the necessity that the two houses should concur for any alterations in the law; and the right of the Commons to enquire into public abuses and to impeach public counsellors. Under the second heading is introduced a distinction between statutes and ordinances; the latter being of a temporary character, and requiring to be confirmed by Parliament before they acquire permanent authority. In the next reign the Commons assert the right of examining the public expenditure. Moreover the Parliaments more openly and boldly expressed resentment at the acts of the king's ministers and claimed rights of control. For a time, however, the king secured supremacy by a coup d'état; which in turn brought about his deposition, and the accession of Henry IV., despite the absurd weakness of his title to the inheritance of the Crown.

The rights thus acquired developed until the War of the Roses. Notably redress of grievances became the condition of supply; and the inclination of the Crown to claim a dispensing power is resolutely combated. It is also to be remarked that the king's foreign policy of war or peace is freely submitted to the approval of Parliament.

This continues during the minority of Henry VI.; but the revival of dissatisfaction with the government leads to a renewed activity in the practice of impeachments; and Parliament begins to display a marked sensitiveness on the question of its privileges. The Commons further definitely express their exclusive right of originating money bills.

At this time it is clear that at least all freeholders were entitled to vote in the election of the knights of the shire. The selection of the towns which sent up members, and the franchise under which their members were elected, seems to have been to a considerable extent arbitrary. Nor can we be perfectly certain of the principles on which writs were issued for attendance in the upper house. We find that for some time the lower clergy as well as the higher were summoned to attend Parliament; but presently, sitting in a separate chamber, they ceased to take part in Parliamentary business.

We have seen the King's Court divided into three courts of justice. The court itself, however, as the king's Council, continued to exercise a juridical as well as a deliberative and administrative function. In spite of the charter, it possessed an effective if illegal power of arbitrary imprisonment.

So far the essential character of our constitution appears to be a monarchy greatly limited by law but swerving continually into irregular courses which there was no constraint adequate to correct. There is absolutely no warrant for the theory that the king was merely a hereditary executive magistrate, the first officer of the State. The special advantage enjoyed by England lay in the absence of an aristocracy with interests antagonistic to those of the people. It would be truer to say that the liberties of England were bought by money than by the blood of our forefathers.

The process by which the villein became a hired labourer is obscure and an attempt was made to check it by the Statute of Labourers at the time of the Black Death. This was followed by the peasant's revolt of 1382, which corresponded to the far worse horrors of the French Jacquerie. Sharply though this was suppressed, the real object of the rising seemed to have been accomplished. Of the period of the Wars of the Roses it is here sufficient to say that it established the principle embodied in a statute of Henry VII. that obedience to the de facto government is not to be punished on the ground that government is not also de jure.

V.--Europe

In spite of the Teutonic incursion, Latin remained the basis of language as it survived in Italy, France, and Spain. But the pursuit of letters was practically confined to the clergy and was by them employed almost exclusively in the interests of clerical authority. To this end a multitude of superstitions were encouraged; superstitions which were the cause of not a few strange and irrational outbursts of fanaticism. The monasteries served indeed a useful purpose as sanctuaries in days of general lawlessness and rapine; but the huge weight of evidence is conclusive as to the general corruption of morals among the clergy as among the laity. The common diversion of the upper classes, lay and clerical, when not engaged in actual war, was hunting. An extended commerce was impossible when robbery was a normal occupation of the great.

Gradually, however, a more orderly society emerged. Maritime commerce developed in two separate areas, the northern and western, and the Mediterranean. The first great commerce in the north arises from the manufacture in Flanders of the wool exported from England. And in the fourteenth century England herself began to compete in the woollen manufacture. The German free manufacturing towns established the Great Hanseatic League; but maritime commerce between the Northern and Southern areas was practically non-existent till the fifteenth century, by which time English ships were carrying on a fairly extensive traffic in the Mediterranean. In that area the great seaports of Italy, and in a less degree, of Catalonia and the French Mediterranean seaboard, developed a large commerce. Naturally, however, the law which it was sufficiently difficult to enforce by land was even more easily defied on the sea, and piracy was extremely prevalent.

Governments as well as private persons were under a frequent necessity of borrowing, and for a long time the great money lenders were the Jews. They, however, were later to a great extent displaced by the merchants of Lombardy, and the fifteenth century witnesses the rise of the great bankers, Italian and German.

The structure and furniture of all buildings for private purposes made exceedingly little provision for comfort, offering an extreme contrast to the dignity of the public buildings and the sublimity of ecclesiastical architecture.

During the last three hundred years of our period it is clear that there was a great diminution of the status of servitude and a great increase in the privileges extended to corporate towns. Private warfare was checked and lawless robbery to a considerable extent restrained. It is tolerably clear that the rise of heretical sects were both the cause and the result of moral dissatisfaction, tending to the adoption of higher moral standards. Some of these sects were cruelly crushed by merciless persecution, as in the case of the Albigenses. The doctrines of Wickliffe, however, were never stamped out in England; and the form which they took in Bohemia among the followers of the martyred John Huss had little about them that was beneficial.

The great moral school of the Middle Ages was the institution of chivalry, which existed to animate and cherish the principle of honour. To this a strong religious flavor was superadded, perhaps by the Crusades. To valour and devotion was added the law of service to womanhood, and chivalry may fairly claim to have developed generally the three virtues essential to it, of loyalty, courtesy, and liberality. Resting, however, as it did on the personal prowess and skill of the individual in single combat, the whole system of chivalry was destroyed by the introduction on an extensive scale of the use of firearms.

We turn lastly to the intellectual improvement which may be referred to four points: the study of civil laws the institution of universities; the application of modern languages to literature, and especially to poetry; and the revival of ancient learning. Education may almost be said to have begun with the establishment of the great schools by Charlemagne out of which sprang the European universities. For a long time of course all studies were dominated by that of theology, and the scholastic philosophy which pertained to it. Barren as these pursuits were, they kept alive an intellectual activity which ultimately found fresh channels. The Romance languages developed a new literature first on the tongues of the troubadours and then in Italy--the Italy which gave birth to Dante and Petrarch. It was about the fourteenth century that a new enthusiasm was born for the study of classical authors, though Greek was still unknown. And the final and decisive impulse was given when the invention of printing made the great multiplication of books possible.

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STANLEY LANE-POOLE

Egypt in the Middle Ages

Stanley Lane-Poole, born on December 18, 1845, studied Arabic under his great-uncle, Lane, the Orientalist, and, before going up to Oxford for his degree, began his "Catalogue of Oriental Coins in the British Museum," which appeared in fourteen volumes between 1875 and 1892, and founded his reputation as the first living authority on Arabic numismatics. In 1883, 1896, and 1897 he was at Cairo officially employed by the British Government upon the Mohammedan antiquities, and published his treatise on "The Art of the Saracens in Egypt" in 1886, in which year he visited Stockholm, Helsingfors, St. Petersburg, Moscow, and Constantinople to examine their Oriental collections. He has written histories of the "Moors in Spain," "Turkey," "The Barbary Corsairs," and "Mediæval India," which have run to many editions; and biographies of Saladin, Babar, Aurangzib; of Lord Stratford de Redcliffe, and Sir Harry Parkes. He has also published a miniature Koran in the "Golden Treasury" series, and written "Studies in a Mosque," besides editing three volumes of Lane's "Arabic Lexicon." For five years he held the post of Professor of Arabic at Trinity College, Dublin, of which he is Litt.D. Mohammedan Egypt, his special subject, he has treated in several books on Cairo, the latest being "The Story of Cairo." But his most complete work on this subject is "The History of Egypt in the Middle Ages," here epitomised by the author.

I.--A Province of the Caliphate

Ever since the Arab conquest in 641 Egypt has been ruled by Mohammedans, and for more than half the time by men of Turkish race. Though now and again a strong man has gathered all the reins of control into his own hands and been for a time a personal monarch, as a rule the government has been, till recent years, a military bureaucracy.

The people, of course, had no voice in the government. The Egyptians have never been a self-governing race, and such a dream as constitutional democracy was never heard of until a few years ago. By the Arab conquest in the seventh century the people merely changed masters. They were probably not indisposed to welcome the Moslems as their deliverers from the tyranny of the Orthodox Church of the East Roman or Byzantine Empire, invincibly intolerant of the native monophysite heresy; and when the conquest was complete they found themselves, on the whole, better off than before. They paid their taxes to officials with Arabic instead of Greek titles, but the taxes were lighter and the amount was strictly laid down by law.

The land-tax of about a pound per acre was not excessive on so fertile a soil, and the poll-tax on nonconformity, of the same amount, was a moderate price to pay for entire liberty of conscience and freedom in public worship guaranteed by solemn treaty. The other taxes were comparatively insignificant, and the total revenue in the eighth century was about £7,000,000. The surplus went to the caliph, the head of the vast Mohammedan empire, which then stretched from Seville to Samarkand, whose capital was first Damascus and afterwards Baghdad.

For over 200 years (till 868) Egypt was a mere province of this huge caliphate, and was governed, like other provinces, with a sole view to revenue. "Milk till the udder be dry and let blood to the last drop" was a caliph's instructions to a governor of Egypt. As these governors were constantly changed--there were sixty-seven in 118 years under the Abbasid caliphs of Baghdad--and as a governor's main object was to "make hay while the sun shines," the process of milking the Egyptian cow was often accelerated by illegal extortion, and the governor's harvest was reaped before it was due. Illegality was, however, checked to some extent by the generally wise and just influence of the chief justice, or kadi, whose probity often formed the best feature of the Arab government in Egypt.

Nor did the caliphs extort taxes without giving something in return. The development of irrigation works was always a main consideration with the early Mohammedan rules, from Spain to India, and in Egypt, where irrigation is the country's very life, it was specially cared for, with a corresponding increase in the yield. Moreover, the governors usually held to the agreement that the Christians should have liberty of conscience, and protected them from the Moslem soldiery. As time went on, this toleration abated, partly because the Moslems had gradually become the predominant population. At the beginning the caliphs had taken anxious precautions against the colonising of Egypt; they held it by an army, but they were insistent that the army should not take root, but be always free to join the caliph's standard. But it was inevitable that the Arabs should settle in so fertile and pleasant a land. Each governor brought a small army as his escort, and these Arab troops naturally intermarried with Egyptian women, who were constitutionally inclined to such alliances. A few Arab tribes also settled in Egypt.

This gradual and undesigned Arabising of the country would lead to oppression of the Christians, to the "squeezing" of wealthy natives, and occasionally to the institution of humiliating distinctions of dress and other vexations, and even to the spoiling of Coptic churches. Then sometimes the Copts, as the Egyptian Christians are called, would rebel. Their last and greatest rebellion, which occurred in the Delta in 830-832, was ruthlessly trampled out by Turkish troops under Mamun, the only Abbasid caliph who made a visit to Egypt. Many Copts now apostatised, and from this time dates the predominance of the Moslem population and the settling of Arabs in the villages and on the land, instead of as heretofore only in the two or three large towns.

The coming of the Turkish troops with the caliph Mamun was an ominous event for the country. Up to 846 all the successive governors had been Arabs, and many of them were related to the caliphs themselves. With some unfortunate exceptions, they seem to have been men of simple habits--the Arabs were never luxurious--and usually of strict Mohammedan principles. They made money, honestly if possible, during their brief tenure; but they did not harass the people much by their personal interference, and left the local officials to manage matters in their own way, as had always been the custom. They lived at the new capital, Fustat, which grew up on the site of the conqueror's camp, and very near the modern Cairo; for Alexandria, the symbol of Roman domination, was dismantled in 645 after the Emperor Manuel's attempt at reconquest. If they did not do much active good, they did little harm, and Egypt pursued her immemorial ways.

The last Arab governor, Anbasa, was a man of fine character, and his term of office was distinguished by the building of the fort of Damietta, as a protection against Roman raids, and by a defeat of the tributary Sudanis near Dongola.