Select
Documents of English Constitutional History
EDITED BY
GEORGE BURTON ADAMS
PROFESSOR OF HISTORY IN YALE UNIVERSITY
AND
H. MORSE STEPHENS
PROFESSOR OF HISTORY IN CORNELL
UNIVERSITY
New York THE MACMILLAN COMPANY
LONDON: MACMILLAN & CO.. LTD.
1904 All rights reserved
COPYRIGHT, 1901, BY THE
MACMILLAN COMPANY.
Set up and electrotyped October, 1901.
Reprinted July, 1903; July, 1904.
Norwood Press
J. S. Cushing & Co. - Berwick &
Smith Norwood Mass. U.S.A.
PREFACE
THE pressure felt by two teachers of English history for a
comprehensive 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 published 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 demands
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 importance
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
illustrations 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 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 possible 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. Professor 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 followed with only slight
changes. Professor Adams does not presume 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 considerable 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
translations the abridgments have been necessitated by practical
considerations. 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 Stubbs, Mr. Prothero,
and Mr. Gardiner are the learned introductions 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 document 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 Illustrations 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 considerable use has been made of the excellent
collection of Documents Illustrative of English Church History, compiled by
Henry Gee and W. J. Hardy, but for the most part documents not hitherto
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 translations borrowed. We desire to express our
thanks also, for assistance 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
PAGE
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. 1100. 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
18. 1184. Assize of the Forest or of Woodstock..... 25
19. 1188. Ordinance of the Saladin Tithe...... 27
20. ------. The Writ "Præcipe"........
28
RICHARD I
21. 1194. Form of Proceeding on the Judicial Visitation ... 29
JOHN
22. 1199. The Coronation of John....... 34
23. 1207. Writ for the Assessment of the Thirteenth
.... 35
24. ------. Recognitions, Assizes, and the Jury..... 36
25. 1213. Concession of the Kingdom to the Pope ....
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 III
30. 1220. Writ for the Collection of a Carrucage .... 52
31. 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........... 55
34. 1258. Provisions of Oxford........ 56
35. 1259. The Provisions of the Barons or of Westminster
. . 63
36. 1265. Confirmation of the Charters...... 68
EDWARD I
37. 1275. 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 . .... 71
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. The Bull "Clericis Laicos"...... 84
48. 1297. Confirmatio Cartarum........
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
53. 1322. Revocation of the New Ordinances..... 96
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- 1330. 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 . . . 110
66. 1344. Grant of a Subsidy for Two Years..... 110
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. 1353. Statute of Præmunire ........ 123
74. 13S3. Ordinance of the Staples....... 124
75. 1353. 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
83. 1377. Grant of a Poll Tax and Petition fur 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
87. 1379. The Poll Tax of 1379........ 140
88. 1380. The Poll Tax of 1380........ 142
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. 1390. 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 Præmunire.....
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
l03. 1399. 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 Hæretico 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
110. 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
120. 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. Larke's Case; Privileges of
Member's Servants . . 191
123. 1437. Act against 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
137. 1495. 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
149. 1534. The Treasons Act........ 240
150. 1536. Act for the Dissolution of the Lesser Monasteries
. . 243
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
160. 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
166. 1554. Second Act of Repeal....... 290
ELIZABETH
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. 1559. Treason Act......... 307
171. 1559. Grant of Tonnage and Poundage..... 309
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 . 316
175. 1571. The Oath of a Privy Councillor.....
319
176. 1574. Commission for the Manumission of Villeins
. . . 319
177. 1579. The Commission of a Justice of the Peace . . .321
178. 1581. The Oath of a Justice of the Peace..... 324
179. 1586. Resolutions on the Norfolk Election Case ... 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
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
186. 1608. Judgment in the Case of the Post-nati,
or Calvin's Case . 334
187. 1610. The Case of Proclamations...... 334
188. 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 accompanying 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
216. 1649. Act declaring England to be a Commonwealth . . . 400
217. 1650. Act declaring what Offences shall be adjudged Treason under
the Commonwealth...... 400
218. 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
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 Crown
. . . . . . . . . .491
251. 1763. Camden's Decision against General Warrants . . . 492
252. 1764. Mansfield's Decision against General Warrants . . . 493
253. 1771. Somerset's Case. Mansfield's Decision .... 494
254. 1780. Dunning's Resolution ....... 494
255. 1790. Dissolution of Parliament does not impair Impeachment
. 495
256. 1792. Fox's Libel Act........ 495
257. 1794. Suspension of the Writ of Habeas Corpus . . . 496
258. 1800. Act of Union with Ireland...... 497
259. 1807. Abolition of the Negro Slave Trade..... 506
GEORGE IV
260. 1821. Disfranchisement of Grampound.....
507
261. 1828. Repeal of Corporation and Test Acts . . . .508
262. 1829. Catholic Emancipation Act...... 510
WILLIAM IV
263. 1832. Reform Act of 1832........ 514
264. 1833. Abolition of Negro Slavery...... 527
265. 1833. Affirmation allowed instead of Oath..... 530
VICTORIA
266. 1858. Jewish Relief Act........ 531
267. 1867. Reform Act of 1867........ 532
268. 1869. Disestablishment of the Irish Church . . . .538
269. 1870. Education Act......... 538
270. 1872. The Ballot Act......... 540
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
275. 1884. Reform Act of 1884........ 553
276. 1885. Third Redistribution of Parliamentary Seats . . . 554
ABBREVIATIONS
Bigelow Placita: Bigelow's Placita Anglo-Normannica.
Cheyney: Professor Cheyney
in University of Pennsylvania Translations and Reprints.
6. & H.: Gee and Hardy's Documents Illustrative of English Church
History.
R. P.: Rolls of Parliament.
S. L.: Statutes at Large.
S. R.: Statutes of the Realm.
Stubbs: Stubbs' Constitutional History.
Stubbs, S. C.: Stubbs' Select Charters.