Produced by Paul Dring, Stephen Hope, Delphine Lettau and the Online Distributed Proofreading Team at http://www.pgdp.net VIEW OF THE STATE OF EUROPE DURING THE MIDDLE AGES. 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. CONTENTS OF THE THIRD VOLUME. CHAPTER VIII. 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.