OF
DURING
BY HENRY HALLAM, LL.D., F.R.A.S.,
FOREIGN ASSOCIATE OF THE INSTITUTE OF FRANCE.
IN THREE VOLUMES.—VOL. III.
NEW EDITION.
LONDON:
JOHN MURRAY, ALBEMARLE STREET.
1860.
The right of Translation is reserved.
PRINTED BY W. CLOWES AND SONS, STAMFORD STREET AND CHARING CROSS.
OF
Part III.
THE ENGLISH CONSTITUTION.
Reign of Edward I.—Confirmatio Chartarum—Constitution of Parliament—thePrelates—the temporal Peers—Tenure by Barony—itsChanges—Difficulty of the Subject—Origin of Representation of theCommons—Knights of Shires—their Existence doubtfully tracedthrough the Reign of Henry III.—Question whether Representationwas confined to Tenants in capite discussed—State of English Townsat the Conquest and afterwards—their Progress—Representativesfrom them summoned to Parliament by Earl of Leicester—Improbabilityof an earlier Origin—Cases of St. Albans and Barnstaple considered—Parliamentsunder Edward I.—Separation of Knights andBurgesses from the Peers—Edward II.—Gradual Progress of theAuthority of Parliament traced through the reigns of Edward III. andhis Successors down to Henry IV.—Privilege of Parliament—theearly Instances of it noticed—Nature of Borough Representation—Rightsof Election—other Particulars relative to Election—House ofLords—Baronies by Tenure—by Writ—Nature of the latter discussed—Creationof Peers by Act of Parliament and by Patent—Summonsof Clergy to Parliament—King's Ordinary Council—itsJudicial and other Power—Character of the Plantagenet Government—Prerogative—itsExcesses—erroneous Views corrected—Testimonyof Sir John Fortescue to the Freedom of the Constitution—Causesof the superior Liberty of England considered—State of Societyin England—Want of Police—Villenage—its gradual Extinction—LatterYears of Henry VI.—Regencies—Instances of them enumerated—Pretensionsof 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 RomanEmpire—Its Causes—Corruption of the Latin Language—Meansby which it was effected—Formation of new Languages—GeneralIgnorance of the Dark Ages—Scarcity of Books—Causes that preventedthe total Extinction of Learning—Prevalence of Superstitionand Fanaticism—General Corruption of Religion—Monasteries—theirEffects—Pilgrimages—Love of Field Sports—State of Agriculture—ofInternal and Foreign Trade down to the end of theEleventh Century—Improvement of Europe dated from that Age.268
Part II.
Progress of Commercial Improvement in Germany, Flanders, and England—inthe North of Europe—in the Countries upon the MediterraneanSea—Maritime Laws—Usury—Banking Companies—Progressof Refinement in Manners—Domestic Architecture—Ecclesi