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
(24) This is by the Acts 7 and 8 Will. III. c. 15; 6 Anne, c. 7; and
39 Geo. III. c. 127. See Stephen’s Commentaries, ii. 380. Blackstone’s
reasoning runs thus: “This dissolution formerly happened immediately
upon the death of the reigning sovereign; for he being considered in
law as the head of the parliament (caput principium, et finis), that
failing, the whole body was held to be extinct. But the calling a new
parliament immediately on the inauguration of the successor being found
inconvenient, and dangers being apprehended from having no parliament
in being, in case of a disputed succession, it was enacted,” etc. By
the Reform Act of 1867 the whole tradition of the lawyers was swept
away.
(25) I have said something on this head in Norman Conquest, i. 94,
but the whole thing should be studied in Allen’s great section on the
Tenure of Landed Property; Royal Prerogative, 125-155. It is to Allen
that the honour belongs of showing what _bookland_ and _folkland_
really were.
(26) I have given a few examples in Norman Conquest, i. 589. Endless
examples will be found in Kemble’s Codex Diplomaticus.
(27) See the complaints on this head as late as the time of William
the Third, in Macaulay, iv. 646. On the Acts by which the power of the
Crown in this matter is restrained, see Stephen’s Commentaries, ii.
520. See also May’s Constitutional History, i. 229.
(28) See May, i. 234—248.
(29) This is discussed in full by Allen, Royal Prerogative, 143-145.
The great example is the will of King Ælfred. See Codex Diplomaticus,
ii. 112, v. 127.
(30) See May, i. 249; Allen, 154-155, who remarks: “By a singular
revolution of policy there was a recurrence in the late reign to the
ancient policy of the Anglo-Saxons. The crown lands were virtually
restored to the public, while the King obtained the right of acquiring
landed property by purchase, and of bequeathing it by will like a
private person.”
(31) Edward the First was the earliest King whose reign is dated from
a time earlier than his coronation. He was out of the kingdom at his
father’s death, and his right was acknowledged without opposition. But
even in this case there was an interregnum. The regnal years of Edward
the First are not reckoned from the day of his father’s death, but
from the day of his funeral, when Edward was acknowledged King, and
when the prelates and nobles swore allegiance to him. See the account
in the Worcester Annals, Annales Monastici, iv. 462, and the documents
in Rymer, i. part ii. 497. See also the remarks of Allen, 46, 47. The
doctrine that there can be no interregnum seems to have been put into
shape to please James the First, and it was of course altogether upset
by the great vote of 1688. Now of course there is no interregnum; not
indeed from any mysterious prerogative of the Crown, but simply because
the Act of Settlement has entailed the Crown in a particular way.
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