Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
I cannot presume to speak of the time before the Conquest, and the
exact nature even of all Anglo-Norman institutions is perhaps dubious:
at least, in nearly all cases there have been many controversies.
Political zeal, whether Whig or Tory, has wanted to find a model in the
past; and the whole state of society being confused, the precedents
altering with the caprice of men and the chance of events, ingenious
advocacy has had a happy field. But all that I need speak of is quite
plain. There was a great "council" of the realm, to which the king
summoned the most considerable persons in England, the persons he most
wanted to advise him, and the persons whose tempers he was most anxious
to ascertain. Exactly who came to it at first is obscure and
unimportant. I need not distinguish between the "magnum concilium in
Parliament" and the "magnum concilium out of Parliament". Gradually the
principal assemblies summoned by the English sovereign took the precise
and definite form of Lords and Commons, as in their outside we now see
them. But their real nature was very different. The Parliament of
to-day is a ruling body; the mediaeval Parliament was, if I may so say,
an EXPRESSIVE body. Its function was to tell the executive--the
king--what the nation wished he should do; to some extent, to guide him
by new wisdom, and, to a very great extent, to guide him by new facts.
These facts were their own feelings, which were the feelings of the
people, because they were part and parcel of the people. From thence
the king learned, or had the means to learn, what the nation would
endure, and what it would not endure;--what he might do, and what he
might not do. If he much mistook this, there was a rebellion.
Public-domain text, read in full here on John Shaqi.
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