The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(56) The share of the Witan in early times in the appointment of
Bishops, Ealdormen, and other great officers, need hardly be dwelled
upon. For a debate in a Witenagemót of Eadward the Confessor on a
question of peace or war, see Norman Conquest, ii. 90. For the like
under Henry the Third, see the account in Matthew Paris, in the year
1242 which will be found in Stubbs, 359. The state of the case under
Edward the Third is discussed by Hallam, Middle Ages, ii. 184. See
also May, ii. 86. But the most remarkable passage of all is one in the
great poetical manifesto which I have several times quoted: it is there
(Political Songs, 96) made one of the charges against Henry the Third
that he wished to keep the appointment of the great officers of state
in his own hands. The passage is long, but it is well worth quoting at
length.
“Rex cum suis voluit ita liber esse;
Et sic esse debuit, fuitque necesse
Aut esse desineret rex, privatus jure
Regis, nisi faceret quidquid vellet; curæ
Non esse magnatibus regni quos præferret
Suis comitatibus, vel quibus conferret
Castrorum custodiam, vel quem exhibere
Populo justitiam vellet, et habere
Regni cancellarium thesaurariumque.
Suum ad arbitrium voluit quemcumque,
Et consiliarios de quacumque gente,
Et ministros varios se præcipiente,
Non intromittentibus se de factis regis
Angliæ baronibus, vim habente legis
Principis imperio, et quod imperaret
Suomet arbitrio singulos ligaret.”
(57) Take for example the Act passed after Edward the Fourth’s success
at Towton. Rot Parl. v. 466. Among other things, poor Henry the Sixth
is not only branded as an usurper, but is charged with personally
stirring up the movement in the North, which led to the battle of
Wakefield and the death of Richard Duke of York. “The seid Henry
Usurpour, late called Kyng Henry the Sixt, contynuyng in his olde
rancour & malice, usyng the fraude & malicious disceit & dissimulacion
ayenst trouth & conscience, that accorde not with the honoure of eny
Cristen Prynce, ... with all subtill ymaginacions & disceitfull weyes
& meanes to hym possible, intended & covertely laboured, excited &
procured the fynal destruction, murdre & deth of the seid Richard Duc,
and of his Sonnes, that is to sey, of oure seid nowe Soverayne Lord
Kyng Edward the fourth, then Erle of Marche, & of the noble Lord Edmund
Erle of Ruthlande; & for th’ execution of his dampnable & malicious
purpose, by writing & other messages, mowed, excited, & stured therunto
the Duks of Excestr’ & Somerset, & other lordes beyng then in the North
parties of this Reame.”
Public-domain text, read in full here on John Shaqi.
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