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
(12) We read (Anglia Sacra, i. 335) of Æthelric, Bishop of the
South-Saxons at the time of the Conquest, as “vir antiquissimus et
legum terræ sapientissimus.” So Adelelm, the first Norman Abbot of
Abingdon, found much benefit from the legal knowledge of certain of his
English monks (Chronicon Monasterii de Abingdon, ii. 2), “quibus tanta
secularium facundia et præteritorum memoria eventorum inerat, ut cæteri
circumquaque facile eorum sententiam ratam fuisse, quam edicerent,
approbarent.” The writer adds, “Sed et alii plures de Anglis causidici
per id tempus in abbatia ista habebantur quorum collationi nemo sapiens
refragabatur.” But knowledge of the law was not an exclusively clerical
accomplishment; for among the grounds for the election of King Harold
himself, we find (de Inventione Sanctæ Crucis Walthamensis, p. 25,
Stubbs) that one was “quia non erat eo prudentior in terra, armis
strenuus magis, legum terræ sagacior.” See Norman Conquest, ii. 538,
iv. 366, 478.
(13) On the growth of the lawyers’ theory of the royal prerogative, and
its utter lack of historical standing-ground, I must refer once for all
to Allen’s Inquiry into the Rise and Growth of the Royal Prerogative in
England.
(14) See Norman Conquest, ii. 330.
(15) The history of this memorable revolution will be found in
Lingard, iii. 392-405, and the legal points are brought out by Hallam,
Middle Ages, ii. 214. He remarks that “In this revolution of 1399
there was as remarkable an attention shown to the formalities of the
constitution, allowance made for the men and the times, as in that
of 1688;” and, speaking of the device by which the same Parliament
was brought together again, he adds, “In this contrivance, more than
in all the rest, we may trace the hand of lawyers.” The official
version entered on the rolls of Parliament by command of Henry will
be found in Walsingham, ii. 234-238. Some care seems to be used to
avoid using the name of Parliament in the account of the actual
proceedings. It is said just before, “Rex perductus est Londonias,
conservandus in Turri usque ad Parliamentum proximo celebrandum.”
And the writs are said to have been sent “ad personas regni qui de
jure debeant interesse Parliamento.” But when they have come together
(“quibus convenientibus”) care seems to be taken to give the Assembly
no particular name, till, in the Act of Richard’s deposition, the
actors are described as “pares et proceres regni Angliæ spirituales
et temporales, et ejus regni communitates, omnes status ejusdem regni
repræsentantes;” and in the Act of Henry’s election they are described
as “domini tam spirituales quam temporales, et omnes regni status.” In
the Act of deposition Richard’s resignation of the Crown is recorded,
as well as his particular crimes and his general unfitness to wear it,
all which are classed together as reasons for his deposition. The
actual formula of deposition runs thus:—“propter præmissa, et eorum
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