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
The tendency then of the first six hundred years after the settlement
of the English in Britain was to increase the power of the Crown, to
depress the lower class of freemen, to exchange a nobility of birth for
a nobility of personal service to the King. That is to say, England
had, before the Norman Conquest, already begun to walk, though with
less speed than most other nations, in the path which led to the
general overthrow of liberty throughout Europe. The foreign invasion
which for a moment seemed to have crushed her freedom for ever did in
truth only lead to its new birth, to its fresh establishment in forms
better fitted to the altered state of things, forms better fitted
to be handed on to later times, forms better fitted to preserve the
well-being of a great nation, than those forms of the old Teutonic
community which still linger on in those remote corners of the world
which I spoke of at my beginning. That momentary overthrow, that
lasting new birth, will be the subject of my second chapter. I will
now only call you to bear in mind that England has never been left
at any time without a National Assembly of some kind or other. Be it
Witenagemót, Great Council, or Parliament, there has always been some
body of men claiming, with more or less of right, to speak in the name
of the nation. And bear too in mind that, down to the Norman Conquest,
the body which claimed to speak in the name of the nation was, in legal
theory at least, the nation itself. This is a point on which I mean
again to speak more fully; I would now simply suggest the thought, new
perhaps to many, that there was a time when every freeman of England,
no less than every freeman of Uri, could claim a direct voice in the
councils of his country. There was a time when every freeman of England
could raise his voice or clash his weapon in the Assembly which chose
Bishops and Ealdormen and Kings, when he could boast that the laws
which he obeyed were laws of his own making, and that the men who bore
rule over him were rulers of his own choosing. Those days are gone, nor
need we seek to call them back. The struggles of ages on the field and
in the Senate have again won back for us the selfsame rights in forms
better suited to our times than the barbaric freedom of our fathers.
Yet it is well that we should look back to the source whence comes all
that we boast of as our own possession, all that we have handed on to
our daughter commonwealths in other continents. Let us praise famous
men and our fathers that begat us. Let us look to the rock whence we
were hewn and to the hole of the pit whence we were digged. Freedom,
the old poet says, is a noble thing(63); it is also an ancient thing.
And those who love it now in its more modern garb need never shrink
from tracing back its earlier forms to the first days when history has
aught to tell us of the oldest life of our fathers and our brethren.
CHAPTER II.
Public-domain text, read in full here on John Shaqi.
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