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
For my own part, my object has been to show that the earliest
institutions of England and of other Teutonic lands are not mere
matters of curious speculation, but matters closely connected with
our present political being. I wish to show that, in many things, our
earliest institutions come more nearly home to us, and that they have
more in common with our present political state, than the institutions
of intermediate ages which at first sight seem to have much more in
common with our own. As the continuity of our national life is to many
so hard a lesson to master, so the continuity of our political life,
and the way in which we have so often fallen back on the very earliest
principles of our race, is a lesson which many find specially hard. But
the holders of Liberal principles in modern politics need never shrink
from tracing up our political history to its earliest beginnings. As
far at least as our race is concerned, freedom is everywhere older
than bondage; we may add that toleration is older than intolerance.
Our ancient history is the possession of the Liberal, who, as being
ever ready to reform, is the true Conservative, not of the self-styled
Conservative who, by refusing to reform, does all he can to bring on
destruction. One special point on which I have dwelt is the way in
which our constitutional history has been perverted at the hands of
lawyers. It is perfectly true that the history of England must be
studied in the Statute-Book, but it must be in a Statute-Book which
begins at no point later than the Dooms of Æthelberht.
As I have often had need to take facts and doctrines for granted which
I believe myself to have proved in my larger works, I have in the Notes
given frequent references to those works, instead of bringing in the
evidence for the same things over again. And in the more modern part
of the subject, I have given several extracts at full length, even
from very familiar authors, because I know that a reader is often well
pleased to have a striking passage set before him at once, without
having to seek for it in the original. On the other hand, I have given
at full length several extracts from statutes and other documents which
most readers are not likely to have at hand. The historical portions
of any Act of Parliament can be studied only in the Acts themselves,
and not in the summaries of lawyers. Legal writers and speakers seem
constantly to repeat what has been said before them, without any
reference to the original sources. A memorable example is to be found
in the assertion of Blackstone and of a crowd of lawyers after him, in
Parliament and out of Parliament, that the King or Queen is by Law Head
of the Church. I need hardly say that that title was used by Henry,
Edward, and Mary, but that it was given up by Mary, and was not taken
up again by any later Sovereign.
SOMERLEAZE, WELLS,
_March 25, 1872_.
PREFACE TO THE SECOND EDITION.
Public-domain text, read in full here on John Shaqi.
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