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
(32) On this see Norman Conquest, i. 107, 263, 625. See the same
question discussed in quite another part of the world in Herodotus,
vii. 3.
(33) The helpless way in which Blackstone himself wrote was perhaps
pardonable in the dark times in which he lived. But it is really too
bad when lawyer after lawyer, in successive editions, gives again to
the world the astounding rubbish which in Blackstone’s day passed
for early constitutional history. In Kerr’s edition of Blackstone,
published in 1857, vol. i. p. 180, I find repeated, without alteration
or comment, the monstrous assertion of Blackstone: “I believe there
is no instance wherein the Crown of England has ever been asserted to
be elective, except by the regicides at the infamous and unparalleled
trial of King Charles I.” And in Serjeant Stephen’s Commentaries
(1853), which are not a mere edition of Blackstone, but “New
Commentaries partly founded on Blackstone,” the same words are found
in vol. ii. p. 403, only leaving out the epithet “unparalleled,” which
might with truth have been allowed to stay. In another place (iv.
481-2) we read how “after the Saxon government was firmly established
in this island” came “the subdivision of the kingdom into a heptarchy,
consisting of seven independent kingdoms, peopled and governed by
different clans and colonies.” It seems then that in 1857 there
were learned gentlemen who believed in a kingdom subdivided into a
heptarchy. But when, in the next page, Blackstone tells us how Ælfred
set about “to new-model the constitution, to rebuild it on a plan that
should endure for ages,” and goes on in the usual style to attribute
everything whatever to Ælfred personally, this seems to have been too
much, and the editor gives an extract from Kemble by way of correction.
One wonders that, if he had read Kemble at all, he had not learned a
little more from him. It is amusing again when Blackstone tells us (i.
186, Kerr), “From Egbert to the death of Edmund Ironside, a period
of above two hundred years, the Crown descended regularly through a
succession of fifteen princes, without any deviation or interruption:
save only”—all the cases where it did not descend regularly, according
to Blackstone’s notions of regularity: But it is almost more amusing
when Serjeant Stephen (ii. 410) throws Blackstone’s exceptions, which
are at least historical facts, into a note, and gives us instead as
his own exceptions, the statement, very doubtful and, if true, utterly
irrelevant, that Æthelstan and Eadmund Ironside were illegitimate (see
Norman Conquest, i. 669-673). We of course get the usual talk about the
usurpations of Harold, Stephen, John, and Henry the Fourth, and about
the rights of Eadgar and Arthur of Britanny. For the former we get a
quotation from Matthew Paris, to whom it would have been more to the
purpose to go for the great speech of Archbishop Hubert. The comments
on the succession of John (i. 189, Kerr) are singularly amusing, but
too long to quote.
Public-domain text, read in full here on John Shaqi.
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