Chapter I: Part III: The English Constitution

Reign of Edward I.--Confirmatio Chartarum--Constitution of Parliament
--the Prelates--the temporal Peers--Tenure by Barony--its Changes--
Difficulty of the Subject--Origin of Representation of the Commons--
Knights of Shires--their Existence doubtfully traced through the Reign
of Henry III.--Question whether Representation was confined to Tenants
in capite discussed--State of English Towns at the Conquest and
afterwards--their Progress--Representatives from them summoned to
Parliament by Earl of Leicester--Improbability of an earlier Origin
--Cases of St. Albans and Barnstaple considered--Parliaments under
Edward I.--Separation of Knights and Burgesses from the Peers--Edward
II.--Gradual Progress of the Authority of Parliament traced through the
reigns of Edward III. and his Successors down to Henry IV.--Privilege
of Parliament--the early Instances of it noticed--Nature of Borough
Representation--Rights of Election--other Particulars relative to
Election--House of Lords--Baronies by Tenure--by Writ--Nature of the
latter discussed--Creation of Peers by Act of Parliament and by Patent
--Summons of Clergy to Parliament--King's Ordinary Council--its
Judicial and other Power--Character of the Plantagenet Government--
Prerogative--its Excesses--erroneous Views corrected--Testimony of Sir
John Fortescue to the Freedom of the Constitution--Causes of the
superior Liberty of England considered--State of Society in England--
Want of Police--Villenage--its gradual Extinction--Latter Years of Henry
VI.--Regencies--Instances of them enumerated--Pretensions of the House
of York, and War of the Roses--Edward IV.--Conclusion. Page 1

NOTES TO CHAPTER VIII., PART III. 204

CHAPTER IX.

ON THE STATE OF SOCIETY IN EUROPE DURING THE MIDDLE AGES.

PART I.

Introduction--Decline of Literature in the latter Period of the Roman
Empire--Its Causes--Corruption of the Latin Language--Means by which
it was effected--Formation of new Languages--General Ignorance of the
Dark Ages--Scarcity of Books--Causes that prevented the total Extinction
of Learning--Prevalence of Superstition and Fanaticism--General
Corruption of Religion--Monasteries--their Effects--Pilgrimages--Love
of Field Sports--State of Agriculture--of Internal and Foreign Trade
down to the end of the Eleventh Century--Improvement of Europe dated
from that Age. 268