Chapter III: Part II

Essays Of Representative Government In England,
From The Conquest Till The Reign Of The Tudors.

Lecture I.--Page 257

Subject of the course: the history of the origin and
establishment of representative government in Europe.

Different aspects under which history is considered at various
epochs.

Poetic history; philosophic history; political history.

Disposition of our time to consider history under these various
aspects.

Fundamental principle and essential characteristics of
representative government.

Existence of this principle and these characteristics in
England at all times.

Lecture II.--Page 270

Sketch of the History of England, from William the Conqueror to
John Lackland (1066-1199).

William the Conqueror (1066-1087).

William Rufus (1087-1100).

Henry I. (1100-1135).

Stephen (1135-1154).

Henry II. (1154-1189).

Constitutions of Clarendon.

Richard Cœur de Lion (1189-1199).

Lecture III.--Page 281

Anglo-Saxon institutions.

Effects of the Norman Conquest upon Anglo-Saxon institutions.

Effects of the Conquest upon Norman institutions.

Causes which made the Norman Conquest favourable to the
establishment of a system of free institutions in England.

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Lecture IV.--Page 288

The English Parliament in the earliest times of the
Anglo-Norman Monarchy.

Different names given to the King's Great Council.

Its characteristics.

Its constitution.

Opinions of Whigs and Tories on this subject.

Lecture V.--Page 295

The Anglo-Norman royalty: its wealth and power.

Comparison of the relative forces of the Crown and of the
feudal aristocracy.

Progress of the royal power.

Spirit of association and resistance among the great barons.

Commencement of the struggle between these two political forces.

Lecture VI.--Page 302

History of English Charters.

Charter of William the Conqueror (1071).

Charter of Henry I. (1101).

Charters of Stephen (1135-1136).

Charter of Henry II. (1154).

Lecture VII.--Page 308

Charter of John, or the Great Charter (1215).

Three epochs in John's reign.

Formation of a coalition among the barons.

Civil war.

Conference at Runnymead.

Concession of the Great Charter.

Analysis of this Charter.

Its stipulations refer to national rights as well as to those
of the barons.

John petitions and obtains from Innocent III. a bull to reverse
the Great Charter.

Resistance of the English clergy.

Recommencement of the civil war (October, 1215).

Louis of France, son of Philip Augustus, is appealed to by the
barons.

Death of John (October, 1216).

Lecture VIII.--Page 319

Charters of Henry III.

First Charter of Henry III. (November, 1216).

Louis of France renounces his title to the Crown, and leaves
England.

Second Charter of Henry III. (1217).

Forest Charter granted by Henry III. (1217).

Confirmation of Charters (1225).

Revocation of Charters (1227).

New confirmation of Charters (1237).

Continual violation of Charters.

Civil war.

Renewal of Charters (1264).

New confirmation of Charters (1267).

Death of Henry III. (November 16, 1272).

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Lecture IX.--Page 325

Conclusion of the history of Charters under the reign of Edward I.

Political conflict follows civil war.

The king frequently violates the Charters, especially in the
matter of imposts.

The barons resist energetically.

Edward gives a definitive confirmation to the Charters
(1298-1301).

A bull of Clement V., solicited by Edward I., annuls the
Charters.

Its failure.

Death of Edward I. (July 7, 1307)

Lecture X.--Page 334

Necessity of inquiring into the political sense of the word
_representation_ at the time when a representative
government began to be formed.

Mistaken theories on this subject.

Rousseau's theory, which denies representation and insists on
individual sovereignty.

Theories of writers who attempt to reconcile the principle of
representation with that of individual sovereignty.

Erroneousness of the idea that the sovereignty belongs to the
majority.

True idea of representation.

Lecture XI.--Page 350

Formation of a Parliament.

Introduction of county deputies into the Parliament.

Relations of the county deputies to the great barons.

Parliament of Oxford (1258).

Its regulations, termed the Acts of Oxford.

Hesitancy of the county deputies between the great barons and
the crown.

Lecture XII.--Page 359

Struggle between Henry III. and his Parliament.

Arbitration of Saint Louis.

The Earl of Leicester heads the great barons in their struggle
with the king.

He is defeated and killed at Evesham (1265).

Admission of deputies from towns and boroughs into Parliament
(1264).

Royalist reaction.

Leicester's memory remains popular.

Lecture XIII.--Page 368

Progress of the Parliament under the reign of Edward I.

Frequent holding of Parliament.

Different composition of Parliaments.

Deputies from the counties and towns were not always present.

Discretionary power of the king in the convocation of barons.

The varying number of county and borough deputies.

Lecture XIV.--Page 377

Mode of election of the deputies of counties and boroughs.

Who were the electors?

No uniform principle to regulate elections in boroughs and
towns.

Voting in public.

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Lecture XV.--Page 388

Philosophical examination of the electoral system in England in
the fourteenth century.

The system was the natural result of facts.

Who were the electors?

Four principles which determine the solution of this question.

Lecture XVI.--Page 401

Subject of the lecture.

Continuation of the philosophical examination of the electoral
system in England in the fourteenth century.

Characteristics of the elections.

Examination of the principle of direct or indirect election.

Lecture XVII.--Page 418

Origin of the division of the English Parliament into two
Houses.

Its original constitution.

Reproduction of the classifications of society in the
Parliament.

Causes which led the representatives of counties to separate
from the barons, and coalesce with the representatives of
boroughs.

Effects of this coalition.

Division of the Parliament into two Houses in the fourteenth
century.

Lecture XVIII.--Page 425

Examination of the division of the legislative power into two
Houses.

Diversity of ideas on this subject.

Fundamental principle of the philosophic school.

Source of its errors.

Characteristics of the historic school.

Cause of the division of the British Parliament into two
Houses.

Derivation of this division from the fundamental principle of
representative government.

Its practical merit.

Lecture XIX.--Page 448

Power and attributes of the British Parliament in the
fourteenth century.

At its origin, and subsequent to its complete development, the
Parliament retained the name of the Great Council of the
kingdom.

Difference between its attributes and its actual power at these
two epochs.

Absorption of almost the entire government by the Crown;
gradual resumption of its influence by the Parliament.

Lecture XX.--Page 454

Condition and attributes of the Parliament during the reign of
Edward II. (1307-1327).

Empire of favourites.

Struggle of the barons against the favourites.

Aristocratic factions.

Petitions to the king.

Forms of deliberations on this subject.

Deposition of Edward II.

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Lecture XXI.--Page 463

Of petitions during the early times of representative
government.

Regulations on the subject.

Transformation of the right of petition possessed by the Houses
of Parliament into the right of proposition and initiative.

Petitions ceased to be addressed to the king, and are presented
to Parliament.

Origin of the right of inquiry.

Necessity for representative government to be complete.

Artifices and abuses engendered by the right of petition.

Lecture XXII.--Page 476

Condition of the Parliament under Edward III.

Progress of the power of the Commons.

Their resistance to the king.

Regularity of the convocation of Parliament.

Measures taken for the security of its deliberations.

Division of the Parliament into two Houses.

Speaker of the House of Commons.

Firmness of the House of Commons in maintaining its right to
grant taxes.

Accounts given by the government of the collection of the
taxes.

Appropriation of the funds granted by Parliament.

Parliamentary legislation.

Difference between statutes and ordinances.

Lecture XXIII.--Page 484

Continuation of the history of the progress of the Commons
House of Parliament during the reign of Edward III.

Their interference in questions of peace and war; and on the
internal peace of the kingdom.

Their resistance of the influence of the Pope, and of the
national clergy, in temporal affairs.

First efforts of the Commons to repress abuses at elections.

First traces of function of Committees of both Houses to
investigate certain questions in common.

Lecture XXIV.--Page 494

State of the Parliament under Richard II.

Struggle between absolute royalty and parliamentary government.

Origin of the Civil List.

Progress of the responsibility of ministers.

Progress of the returns of the employment of the public revenue.

The Commons encroach upon the government.

Reaction against the sway of the Commons.

Violence and fall of Richard II.

Progress of the essential maxims and practices of
representative government.

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Lecture XXV.--Page 509

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.

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History Of The Origin Of
Representative Government In Europe.