Copyright
George Burton Adams.

Select documents of English constitutional history; online

. (page 1 of 58)
Online LibraryGeorge Burton AdamsSelect documents of English constitutional history; → online text (page 1 of 58)
Font size
QR-code for this ebook


UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



<*



Owg*T v<^



SELECT DOCUMENTS



ENGLISH CONSTITUTIONAL HISTORY



Select Documents

of

English Constitutional History



EDITED BY

GEORGE BURTON ADAMS

IM

PROFESSOR OF HISTORY IN YALE UNIVERSITY
AND

H. MORSE STEPHENS

PROFESSOR OF HISTORY IN CORNELL UNIVERSITY



Nefo gorfe
THE MACMILLAN COMPANY

LONDON: MACMILLAN & CO., LTD.
1901

All rights reserved






I9o(



COPYRIGHT, 1901,
BY THE MACMILLAN COMPANY.



NorfoooO $rtBB

J. S. Cuihing & Co. - Berwick & Smith
Norwood Man. U.S.A.



PREFACE

THE pressure felt by two teachers of English history for a com-
prehensive volume of documents bearing on the development of
the English constitution has led to the compilation of this volume.
No source book for the illustration of English history yet pub-
lished has met the needs of the student of constitutional history.
The excellent selections made by the late Bishop of Oxford, Mr.
G. W. Prothero, Mr. S. R. Gardiner, and Messrs. Gee and Hardy
only cover limited periods, or deal with one aspect of the subject.
Excellent as those selections are, they are too advanced or too
partial to be used in a college undergraduate course covering a
single year. The University of Pennsylvania Reprints and the
Old South Leaflets contain too little material to illustrate a full
course of English constitutional history. The editors have been
guided in the present selection by their practical experience in
undergraduate work, and it is hoped that it may meet the de-
mands of similar courses of study in other colleges, and also
of courses pursued in some secondary and in many law schools.

Every teacher of history has his own ideas of the relative im-
portance of documents, and this compilation cannot expect to
escape criticism either for its selections or for its omissions.
There was no difficulty in deciding upon the insertion of the most
famous documents, such as Magna Charta and the Bill of Rights,
but the selection of documents of lesser importance to form illus-
trations of the growth of constitutional customs and traditions
was of greater difficulty. The editors have kept in mind in
making the selection that they were dealing with constitutional
and legal, and not with political, economic, and social questions,
and under this ruling many important documents, like the Grand



1^313



vi Preface

Remonstrance, were abbreviated, and others, like the Poor Laws
and the Navigation Acts, were omitted altogether.

The feature of the earlier pages of this compilation which needs
chiefly to be defended is the translation of the documents of the
medieval period from Latin and Old French. It was only after
long discussion and much hesitation that it was resolved to print
translations rather than the originals. It was felt by the editors
that although it might be indispensable for advanced students to
use their documents in the original language, yet it was not possi-
ble to expect from large undergraduate classes sufficient training
to enable all students in them to make ready use of the original
documents. It was desired also to provide for the apparently
growing demand for such material in secondary schools. Pro-
fessor G. B. Adams, who is responsible for the selection and
editing of the documents down to 1485, is responsible likewise
for the translations of these documents, but in the case of statutes,
the official translation in the Statutes of the Realm has been fol-
lowed with only slight changes. Professor Adams does not pre-
sume that all the difficulties of translation have been here, for the
first time, overcome, and he will be grateful to those who will call
his attention to errors which have escaped him in spite of con-
siderable pains to avoid them.

The problem with regard to the later documents after 1485 has
been one of abridgment rather than of translation. The much
greater length of the later documents made it impossible to print
them in full, and Professor Morse Stephens is responsible for the
abridgment as well as for the selection and editing of these later
documents. It is as objectionable theoretically to abridge as to
translate an original document, but as in the case of the transla-
tions the abridgments have been necessitated by practical con-
siderations. A few of the most important documents have been
printed in full, but most of them have been cut down in length,
either by the omission of less important clauses or by inserting
asterisks in the place of legal repetitions.

The most valuable feature of the three well-known volumes
of selections made for the Oxford Clarendon Press by Bishop



Preface vii

Stubbs, Mr. Prothero, and Mr. Gardiner are the learned introduc-
tions to the documents they have edited. The editors of the
present selection did not feel it incumbent upon them to follow
this example, for their selection is intended to be used in class
along with some recognized text-book. The same consideration
which caused them to reject a general introduction explains also
the absence of special introductions to the different documents.
All that has been done is to give the date, a reference to the
original source, and occasionally to former reprints, and in the
case of documents earlier than 1485 to the pages in Stubbs's
Constitutional History where there is some discussion of the
document.

A few words should be given to the want of uniformity in
spelling and capitalization. As a general rule this reprint follows
the spelling and capitalization of the source from which the docu-
ment is taken, as indicated at the head of each number. Some
of the later documents, such as 264, 265, and 266 preserve the
capitalization of the Acts of Parliament exactly as they were
printed ; others follow the system used in earlier reprints ; while
others again have been completely modernized. In all cases the
originals have been collated, but it was believed to be unnecessary
to return in every case to the original spelling and capitalization.'

It only remains for the editors to express their great obligations
to their predecessors. Such a work as this could never have been
successfully undertaken had not the way been prepared by such
distinguished scholars as Bishop Stubbs, Mr. Prothero, and Mr.
Gardiner. Full credit has been given at the head of each number
when any document has been taken from the volumes edited by
these three historians, even although their reprints have been
carefully collated with the originals and occasional slips corrected.
It is hoped that one of the results of using this compilation with
undergraduate classes will be to attract attention to the interest
and importance of the study of documents, so that more advanced
students will turn to the more full and elaborate editions of these
distinguished scholars. Their three volumes, however, do not
cover the whole field. The Select Charters and Other Illustra-



Vlll



Preface



tions of English Constitutional History, arranged and edited by
William Stubbs, Bishop of Oxford, only reach to the death of
Edward I in 1307 ; the Select Statutes and Other Constitutional
Documents, edited by G. W. Prothero, concern the period from
1558 to 1625, the reigns of Elizabeth and James I; while the
Constitutional Documents of the Puritan Revolution, selected and
edited by Samuel Rawson Gardiner, deal with the period from
1625 to 1660. For the gaps which lie between these books con-
siderable use has been made of the excellent collection of Docu-
ments Illustrative of English Church History, compiled by Henry
Gee and W. J. Hardy, but for the most part documents not hith-
erto reprinted have been selected. In the period covered by
Stubbs's Select Charters a number of documents not appearing in
that collection have been included, especially such as illustrate
the history of law.

Our thanks are due to Messrs. Gee and Hardy for permission
to use a few of the translations in their Documents Illustrative of
English Church History, and to Professor E. P. Cheyney for a
similar permission to make use of translations appearing in the
University of Pennsylvania Translations and Reprints. In both
cases specific acknowledgment is made at the head of the transla-
tions borrowed. We desire to express our thanks also, for assist-
ance rendered in getting this book into form for the press, to
Professor G. M. Dutcher, Wesleyan University, Middletown,
Connecticut.

GEORGE BURTON ADAMS.
H. MORSE STEPHENS.

OCTOBER 5, 1901.



CONTENTS



WILLIAM I

1. . Ordinance separating the Spiritual and Temporal Courts . I

2. 1080. Writ for an Inquest of Lands at Ely ..... 2

3. 1086. Title of the Domesday Inquest for Ely .... 2

4. 1086. Typical Domesday Entries 3

WILLIAM II

5. 1095. Writ applying Feudal Principles to the Church ... 3

6. 1096. An Early Iter 4

HENRY I

7. noo. Charter of Liberties 4

8. . Writ concerning Lands 7

9. . Writ concerning Lands 7

' /

STEPHEN

10. 1135. First Charter 7

11. 1136. Second Charter 8

HENRY II

12. 1154. A Trial in the Curia Regis 9

13. 1164. The Constitutions of Clarendon II

14. 1166. The Assize of Clarendon ....... 14

15. 1170. Inquest of the Sheriffs ....... 18

16. 1176. Assize of Northampton ....... 20

17. 1181. Assize of Arms 23

1 8. 1184. Assize of the Forest or of Woodstock 25

19. 1188. Ordinance of the Salaclin Tithe 27

20. - . The Writ " Prsecipe " 28

RICHARD I

21. 1194. Form of Proceeding on the Judicial Visitation . , . 29



Contents



JOHN






22. 1199.


The Coronation of John .......


34


23. 1207.


Writ for the Assessment of the Thirteenth ....


35


*>A




*6


_4- .

25. 1213.


Concession of the Kingdom to the Pope ....


o w

38


26. 1213.


Writ of Summons


40


27. 1213.


Writ of Summons to a Great Council


40


28. 1214.


Grant of Freedom of Election to Churches ....


40


29. 1215.


Great Charter of Liberties (Magna Charta)


42


HENRY I]


[I




30. 1 220.


Writ for the Collection of a Carrucage ....


52


3i- 1231.


Writ for the Assembling of the County Court before the






Judges Itinerant


54


32. 1235.


Writ for the Collection of Scutage .....


55


33- 1254.


Writ of Summons for Two Knights of the Shire to grant an






Aid


ce


34- 1258.


Provisions of Oxford


jj
56


35- 1259.


The Provisions of the Barons or of Westminster


63


36. 1265.


Confirmation of the Charters ......


68


EDWARD


I




37- "75.


The Statutes of Westminster; the First ....


68


38. 1275.


Grant of Custom on Wool, Woolfells, and Leather


69


39- 1278.


Writ for the Distraint of Knighthood


70


40. 1279.


Statute of Mortmain or De Religiosis


7i


41. 1283.


The Statute of Merchants, or of Acton Burnell .


72


42. 1285.


The Statutes of Westminster; the Second . ' .


75


43. 1285.


The Statute of Winchester


76


44- 1285.


The Statute of Circumspecte Agatis .....


80


45. 1290.


The Statutes of Westminster; the Third: Quia Emptores .


81


46. 1295.


Writs of Summons to Parliament


82


47. 1296.




84


~/ m~-y**

48. 1297.


Confirmatio Cartarum ........


W*f

86


49- 1297.


De Tallagio non Concedendo


88


50. 1307.


The Statute of Carlisle


89


EDWARD


II




51. 1311.


The New Ordinances ........


92


52. 1316-


Articuli Cleri


95


S3. H22.




Q.6



Contents xi



54. 1324. Statute concerning the Lands of the Templars . . . 98

55. 1327. Articles of Accusation against Edward II .... 99

EDWARD III

56. 1328. Statute of Northampton 100

57- I 33- Statute concerning Justices and Sheriffs .... 100

58. 1340. Presentment of Englishry abolished and Grant of a Subsidy 102

59. 1340. Unauthorized Charges and Taxes abolished . . . 104

60. 1340. England not to be Subject to the King as King of France . 105

61. 1341. Inquiry into Accounts ....... 105

62. 1341. An Act to secure the Rights of Peers and Others, and to

secure the Responsibility of the King's Ministers . . 106

63. 1341. Revocation of the Preceding Statute 108

64. 1343. An Act regulating the Coinage ...... 109

65. 1343. Attempts to tax through the Merchants resisted . . .no

66. 1344. Grant of a Subsidy for Two Years . . . . .no

67. 1344. A Grant of the Clergy for Three Years . . . .112

68. 1348. Grant on Conditions 113

69. 1349. An Ordinance concerning Laborers and Servants . .114

70. 1351. Statute of Laborers 116

71. 1351. Statute of Provisors of Benefices 117

72. 1352. The Statute of Treasons 121

73- '353- Statute of Prsemunire . . . . . . . .123

74- J 353- Ordinance of the Staples 124

75- '353' Protest of Parliament against Legislation by Ordinance . 126

76. 1354. Certain Ordinances confirmed by Parliament . . .127

77. 1361. An Act concerning Justices of the Peace . . . .127

78. 1362. Purveyance, English to be used in the Courts, etc. . .128

79. 1366. Refusal of Tribute to the Pope 130

80. 1372. Lawyers and Sheriffs excluded from Parliament . . . 131

81. 1372. Grant of Tunnage and Poundage by Citizens and Burgesses

alone 131

82. 1376. Impeachment of Richard Lyons ...... 132

S3- X 377- Grant of a Poll Tax and Petition for Special Treasurers . 135

RICHARD II

84. 1377. Persons appointed to supervise Expenditures . . . 136

85. 1378. Account of Expenditures required by Parliament . . 137

86. 1379. The King orders Accounts submitted to Parliament . .138

8 7- J 379- The Poll Tax of 1379 140

88. 1380. The Poll Tax of 1380 . ....... 142



xii Contents

PAGE

89. 1382. Merchants to use English Ships only. Charters granted to

the Peasants annulled ....... 144

90. 1382. An Act against Heretical Preaching 145

91. 1385. An Act to reform the Administration of Justice . . 146

92. 1385. An Act regarding Fugitive Villeins 148

93. 1386. Articles of Impeachment against Suffolk .... 148

94. 1386. Threat to depose Richard II 150

95- '39' The Second Statute of Provisors 150

96. 1390. Statute of Maintenance and Livery ..... 153

97. 1392. Conveyances to the Uses of Religious Houses and Other

Corporations forbidden, etc. . . . . . .154

98. 1393- The Second Statute of Prremunire 156

99. 1397. New Definition of Treason . . . . . -159

100. 1398. Delegation of Powers by Parliament of Shrewsbury . . 159

101. 1398. Grant of Subsidy for Life to Richard II by Parliament of

Shrewsbury . . . . . . . . .160

102. 1399. Resignation of Richard II 161

IO 3- I 399- Deposition of Richard II and Election of Henry IV . 162

HENRY IV

104. 1399. An Act for the Security of the Subject and in Repeal of

the Acts of the Parliament of Shrewsbury . . .165

105. 1399. Haxey's Case 167

106. 1401. The Statute " De Hteretico Comburendo " . . . 168

107. 1401. Sir Arnold Savage asks for the Privileges of Parliament . 171

108. 1401. Members excused for Matters spoken in Parliament . .172

109. 1401. Responses to the Petitions of the Commons . . . 173
no. 1406. Act to regulate the Succession 173

111. 1406. The Manner of electing Knights of the Shire . . . 174

112. 1407. Commons to originate Money Bills 175

113. 1410. Act restraining Abuses by the Sheriffs in Election Returns 177

HENRY V

114. 1413. Grant of Subsidy and Tunnage and Poundage . . . 178

115. 1413. Residence required of Knights of the Shire and of their

Electors 179

116. 1414. Confiscation of the Alien Priories 180

117. 1414. King agrees not to alter the Petitions of the Commons . 181

118. 1415. Grant of a Subsidy and Tunnage and Poundage for Life . 182

HENRY VI

119. 1422. Government during the Minority of Henry VI . . . 184



Contents xiii



1 20. 1428. Definition of the Powers of the Duke of Gloucester as

Protector . 188

121. 1429. Electors of Knights of the Shire must be Forty Shilling

Freeholders 190

122. 1429. Lark e's Case; Privileges of Member's Servants . . 191

123. 1437. Act a g a > nst Smuggling 193

124. 1439. Against Abuse in Appointment of Justices of the Peace . 194

125. 1445. Qualifications of Knights of the Shire .... 195

126. 1450. Attainder of John Cade 195

127. 1460. Privilege of Members from Arrest; Clerk's Case . . 196

128. 1460. Recognition of the Duke of York as Heir to the Throne . 198

EDWARD IV

129. 1461. Act declaring Valid Acts of Lancastrian Kings . . . 202

130. 1467. Treaty of Commerce with Burgundy 204

RICHARD III

131. 1484. Confirmation of Richard's Title 207

132. 1484. Grant of Subsidy 210

133. 1484. An Act to free Subjects from Benevolences . . . 212

HENRY VII

134. 1485. Recognition of the Title of Henry VII .... 213

135. 1485. An Act against bringing in of Gascony Wine except in

English, Irish, or Welshmen's Ships . . . .213

136. 1487. Establishment of the Court of Star Chamber . . . 214
1 37- 1 49S- Allegiance to a De Facto King not Treason . . . 215

138. 1503-1504. An Act against Unlawful Retainers and Liveries . 216

139. 1503-1504. Reversal of Attainders 218

140. 1503-1504. Grant of Two Aids 220

HENRY VIII

141. 1512. Benefit of Clergy denied to Murderers .... 223

142. 1512. Act in Strode's Case . . . . . . ... 224

143. 1514-1515. Resumption of Royal Grants 225

144. 1532. The Conditional Restraint of Annates .... 226

145. 1533. Act in Restraint of Appeals 229

146. 1534. Ecclesiastical Appointments Act 232

147. 1534. The First Act of Succession 235

148. 1534. Act of Supremacy of Henry VIII 239

X 49- '534- The Treasons Act . 240

150. 1536. Act for the Dissolution of the Lesser Monasteries . . 243



xiv Contents



151. 1536.


The King at Twenty-four may repeal Acts of Parliament






passed during his Minority ......


246


152- 1539.


The Lex Regia


247


153- 1539.


Act for the Dissolution of the Greater Monasteries .


251


154. 1539.


The Six Articles Act


253


155. 1542.


The Attainder of Queen Katherine Howard


259


156. 1543.


Ferrers' Case .........


261


157- 1544.


Act fixing the Succession


264


158. 1544.


Act concerning Treasons committed out of the Realm


268


EDWARD


VI




159- 1547-


Act for the Dissolution of Chantries .....


269


1 60. 1549.


First Act of Uniformity


272


161. 1550.


First Mention of Lords Lieutenant . . . . .


278


162. 1552.


Second Act of Uniformity


278


MARY I






163. 1553-


First Act of Repeal


281


164. 1554.


Act for the Marriage of Queen Mary to Philip of Spain


283


165. 1554-


Revival of the Heresy Acts ......


289


1 66. 1554.


Second Act of Repeal


290


ELIZABET


H




167. 1559.


The Act of Supremacy


296


168. 1559.


The Act of Uniformity


302


169. 1559.


Act of Recognition of the Queen's Title ....


306


170- I559-


Treason Act


307


i? 1 - '559-


Grant of Tonnage and Poundage


39


172. 1559.


Establishment of the Court of High Commission


310


173. 1566.


Ordinance of the Star Chamber for the Censorship of the






Press


315


174. 1571.


Act against bringing Decrees of the Pope into England .


3i6


I?"?. i;7i.




319


/ j j / '
176. 1574.


Commission for the Manumission of Villeins


J 7

319


177- 1579-


The Commission of a Justice of the Peace


321


178. iqSi.




"?24


/ J

179. 1586.


Resolutions on the Norfolk Election Case


*J ~

324


180. 1601.


The Queen's Message with Regard to Monopolies .


325


JAMES I






181. 1604.


Act of Recognition of the King's Title ....


326


182. 1604.


Commission for negotiating a Union with Scotland .


327



Contents xv

PAGE

183. 1604. Act in Shirley's Case 328

184. 1606. Opinions of the Court of Exchequer in Bates' Case . . 329

185. 1607. The Case of Prohibitions 332

1 86. 1608. Judgment in the Case of the Post-nati, or Calvin's Case . 334

187. 1610. The Case of Proclamations 334

1 88. 1624. Act against Monopolies 337

CHARLES I

189. 1628. The Petition of Right 339

190. 1628. The Remonstrance against Tonnage and Poundage . . 343

191. 1628. The King's Speech proroguing Parliament . .. . 345

192. 1628-1629. Protest of the House of Commons .... 346

193. 1634. First Writ of Ship-money 347

194. 1637. The Answer of the Judges in the Matter of Ship-money . 349

195. 1640-1641. The Triennial Act 351

196. 1641. The Protestation 359

197. 1641. Act for the Attainder of Strafford 361

198. 1641. Act against dissolving the Long Parliament without its

own Consent 362

199. 1641. Act for the Abolition of the Court of Star Chamber . . 363

200. 1641. Act for the Abolition of the Court of High Commission . 366

201. 1641. Act declaring the Illegality of Ship-money . . . 369

202. 1641. Act for the Limitation of Forests 371

203. 1641. Act prohibiting the Exaction of Knighthood Fines . . 374

204. 1641. The Grand Remonstrance, with the Petition accompany-

ing it 376

205. 1641. The King's Answer to the Petition accompanying the

Grand Remonstrance 380

206. 1641-1642. The Clerical Disabilities Act 383

207. 1643. The Solemn League and Covenant 383

208. 1643-1644. Ordinance appointing the First Committee of Both

Kingdoms 387

209. 1645. The Self-denying Ordinance 388

210. 1648-1649. Act erecting a High Court of Justice for the Trial

of Charles I 389

211. 1648-1649. Sentence of the High Court of Justice upon the King 391

212. 1648-1649. The Death Warrant of Charles I .... 394

COMMONWEALTH

213. 1648-1649. Act appointing a Council of State .... 394

214. 1648-1649. Act abolishing the Office of King .... 397

215. 1648-1649. Act abolishing the House of Lords .... 399



xvi Contents

PAGE

2 1 6. 1649. Act declaring England to be a Commonwealth . . . 400

217. 1650. Act declaring what Offences shall be adjudged Treason

under the Commonwealth ...... 400

2 1 8. 1653. Declaration by Oliver Cromwell and the Council of Officers

after putting an End to the Long Parliament . . 403

PROTECTORATE

219. 1653. The Instrument of Government 407

220. 1654. An Ordinance by the Protector for the Union of England

and Scotland 416

CHARLES II

221. 1660. The Declaration of Breda 420

222. 1660. Act abolishing Relics of Feudalism and fixing an Excise . 422

223. 1661. Corporation Act *. 425

224. 1662. Last Act of Uniformity 427

225. 1664. First Conventicle Act 431

226. 1665. Five Mile Act 433

227. 1673. Declaration of Indulgence 434

228. 1673. Test Act 436

229. 1679. Resolution concerning the Royal Pardon in Bar of Danby's

Impeachment 439

230. 1679. Exclusion Bill 439

231. 1679. Habeas Corpus Act 440

232. 1682. Forfeiture of Charter of London 448

JAMES II

233. 1686. Hales' Case: The Dispensing Power . '. 450

234. 1687. Declaration of Indulgence 451

WILLIAM III AND MARY II

235. 1688-1689. Confirmation of the Convention Parliament . . 454

236. 1689. The Civil List . .456

237. 1689. First Mutiny Act 457

238. 1689. The Toleration Act 459

239. 1689. The Bill of Rights 462

240. 1690. Act restoring the Charter of London . . . . 469

241. 1694. The Triennial Act 471

WILLIAM III

242. 1696. Treason Trials Act 472

243. 1701. The Act of Settlement 475



Contents xvii

PACE

ANNE

244. 1706-1707. Act of Union with Scotland 479

245. 1707. Place Act 483

GEORGE I

246. 1715. Riot Act 485

247. 1716. The Septennial Act 487

248. 1719. The Peerage Bill 488

GEORGE II

249. 1731. Use of 'English Language in the Law Courts made

Obligatory 489

GEORGE III

250. 1760. Judicial Commissions not to cease on the Demise of the



251. 1763.

252. 1764.

253. 1771.
254. 1780.
255. 1790.

256. 1792.

257- 1794.
258. 1800.
259. 1807.

GEORGE ]
260. 1821.
261. 1828.
262 1829


Crown ..........
Camden's Decision against General Warrants .
Mansfield's Decision against General Warrants .
Somerset's Case. Mansfield's Decision ....
Dunning's Resolution
Dissolution of Parliament does not impair Impeachment .
Fox's Libel Act ........
Suspension of the Writ of Habeas Corpus
Act of Union with Ireland
Abolition of the Negro Slave Trade

V
Disfranchisement of Grampound
Repeal of Corporation and Test Acts ....


491
492
493
494
494
495
495
496

497
506

57

508

qio


WILLIAM


IV


^14


264 187 i




^27


2<Se iXn




53O


VICTORIA
266 1858




=; }'


267 1867




C32


268. 1869.
269 1870


Disestablishment of the Irish Church ....


538

538


270. l8?2.


The Ballot Act .


C40



xviii Contents

PAGE

271. 1873. Supreme Court of Judicature Act 543

272. 1876. Appellate Jurisdiction Act 550

273. 1877. Abolition of Names of King's Bench, Common Pleas, and

Exchequer for Divisions of the High Court of Justice . 552

274. 1881. Abolition of Certain Judicial Offices 553



Online LibraryGeorge Burton AdamsSelect documents of English constitutional history; → online text (page 1 of 58)