Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
There are, as is well known, three great periods in the English
Constitution. The first of these is the ante-Tudor period. The English
Parliament then seemed to be gaining extraordinary strength and power.
The title to the Crown was uncertain; some monarchs were imbecile. Many
ambitious men wanted to "take the people into partnership". Certain
precedents of that time were cited with grave authority centuries
after, when the time of freedom had really arrived. But the causes of
this rapid growth soon produced an even more sudden decline. Confusion
fostered it, and confusion destroyed it. The structure of society then
was feudal; the towns were only an adjunct and a make-weight. The
principal popular force was an aristocratic force, acting with the
co-operation of the gentry and yeomanry, and resting on the loyal
fealty of sworn retainers. The head of this force, on whom its
efficiency depended, was the high nobility. But the high nobility
killed itself out. The great barons who adhered to the "Red Rose" or
the "White Rose," or who fluctuated from one to the other, became
poorer, fewer, and less potent every year. When the great struggle
ended at Bosworth, a large part of the greatest combatants were gone.
The restless, aspiring, rich barons, who made the civil war, were
broken by it. Henry VII. attained a kingdom in which there was a
Parliament to advise, but scarcely a Parliament to control.
The consultative government of the ante-Tudor period had little
resemblance to some of the modern governments which French philosophers
call by that name. The French Empire, I believe, calls itself so. But
its assemblies are symmetrical "shams". They are elected by a universal
suffrage, by the ballot, and in districts once marked out with an eye
to equality, and still retaining a look of equality. But our English
Parliaments were UNsymmetrical realities. They were elected anyhow; the
sheriff had a considerable licence in sending writs to boroughs, that
is, he could in part pick its constituencies; and in each borough there
was a rush and scramble for the franchise, so that the strongest local
party got it, whether few or many. But in England at that time there
was a great and distinct desire to know the opinion of the nation,
because there was a real and close necessity. The nation was wanted to
do something--to assist the sovereign in some war, to pay some old
debt, to contribute its force and aid in the critical conjuncture of
the time. It would not have suited the ante-Tudor kings to have had a
fictitious assembly; they would have lost their sole FEELER, their only
instrument for discovering national opinion. Nor could they have
manufactured such an assembly if they wished. The instrument in that
behalf is the centralised executive, and there was then no 'prefet' by
whom the opinion of a rural locality could be made to order, and
adjusted to suit the wishes of the capital. Looking at the mode of
Public-domain text, read in full here on John Shaqi.
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