Transcriber's Note: Inconsistent hyphenation and spelling in the original document have been preserved. Obvious typographical errors have been corrected. Italic text is denoted by _underscores_ and bold text by =equal signs=. On page 74, Christiern II. of Denmark may be a typo. Footnote 36, peer should possibly be peers. Footnote 133, confidents should possibly be confidants. Footnote 210, domanial should possibly be domainal. EVERYMAN'S LIBRARY EDITED BY ERNEST RHYS HISTORY HALLAM'S CONSTITUTIONAL HISTORY WITH AN INTRODUCTION BY PROFESSOR J. H. MORGAN VOLUME THREE THE PUBLISHERS OF _EVERYMAN'S LIBRARY_ WILL BE PLEASED TO SEND FREELY TO ALL APPLICANTS A LIST OF THE PUBLISHED AND PROJECTED VOLUMES TO BE COMPRISED UNDER THE FOLLOWING THIRTEEN HEADINGS: TRAVEL · SCIENCE · FICTION THEOLOGY & PHILOSOPHY HISTORY · CLASSICAL FOR YOUNG PEOPLE ESSAYS · ORATORY POETRY & DRAMA BIOGRAPHY REFERENCE ROMANCE IN FOUR STYLES OF BINDING: CLOTH, FLAT BACK, COLOURED TOP; LEATHER, ROUND CORNERS, GILT TOP; LIBRARY BINDING IN CLOTH, & QUARTER PIGSKIN LONDON: J. M. DENT & SONS, LTD. NEW YORK: E. P. DUTTON & CO. "CONSIDER HISTORY WITH THE BEGINNINGS OF IT STRETCHING DIMLY INTO THE REMOTE TIME; EMERGING DARKLY OUT OF THE MYSTERIOUS ETERNITY: THE TRUE EPIC POEM AND UNIVERSAL DIVINE SCRIPTURE." CARLYLE CONSTITUTIONAL HISTORY OF ENGLAND HENRY VII TO GEORGE II. BY HENRY HALLAM: VOL. 3 LONDON: PUBLISHED by J. M. DENT & SONS LTD AND IN NEW YORK BY E. P. DUTTON & CO CONTENTS CHAPTER XIII ON THE STATE OF THE CONSTITUTION UNDER CHARLES II. Effect of the Press -- Restrictions upon it before and after the Restoration -- Licensing Acts -- Political Writings checked by the Judges -- Instances of illegal Proclamations not numerous -- Juries fined for Verdicts -- Question of their Right to return a General Verdict -- Habeas Corpus Act passed -- Differences between Lords and Commons -- Judicial Powers of the Lords historically traced -- Their Pretensions about the Time of the Restoration -- Resistance made by the Commons -- Dispute about their original Jurisdiction -- And that in Appeals from Courts of Equity -- Question of the exclusive Right of the Commons as to Money-bills -- Its History -- The Right extended farther -- State of the Upper House under the Tudors and Stuarts -- Augmentation of the Temporal Lords -- State of the Commons -- Increase of their Members -- Question as to Rights of Election -- Four different Theories as to the Original Principle -- Their Probability considered Page 1 CHAPTER XIV THE REIGN OF JAMES II.