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
In my first chapter I dealt mainly with those political institutions of
the earliest times—institutions common to our whole race, institutions
which still live on untouched among some small primitive communities of
our race—out of which the still living Constitution of England grew.
It is now my business, as the second part of my subject, to trace the
steps by which that Constitution grew out of a political state with
which at first sight it seems to have so little in common. My chief
point is that it did thus, in the strictest sense, grow out of that
state. Our English Constitution was never made, in the sense in which
the Constitutions of many other countries have been made. There never
was any moment when Englishmen drew out their political system in the
shape of a formal document, whether as the carrying out of any abstract
political theories or as the imitation of the past or present system of
any other nation. There are indeed certain great political documents,
each of which forms a landmark in our political history. There is the
Great Charter, the Petition of Right, the Bill of Rights. But not one
of these gave itself out as the enactment of anything new. All claimed
to set forth, with new strength, it might be, and with new clearness,
those rights of Englishmen which were already old. In all our great
political struggles the voice of Englishmen has never called for the
assertion of new principles, for the enactment of new laws; the cry has
always been for the better observance of the laws which were already
in force, for the redress of grievances which had arisen from their
corruption or neglect(1). Till the Great Charter was wrung from John,
men called for the laws of good King Eadward. And when the tyrant had
unwillingly set his seal to the groundwork of all our later Law, men
called for the stricter observance of a Charter which was deemed to
be itself only the laws of Eadward in a newer dress(2). We have made
changes from time to time; but they have been changes which have been
at once conservative and progressive—conservative because progressive,
progressive because conservative. They have been the application of
ancient principles to new circumstances; they have been the careful
repairs of an old building, not the pulling down of an old building
and the rearing up of a new. The life and soul of English law has ever
been precedent; we have always held that whatever our fathers once did
their sons have a right to do again. When the Estates of the Realm
declared the throne of James the Second to be vacant, they did not seek
to justify the act by any theories of the right of resistance, or by
any doctrines of the rights of man. It was enough that, three hundred
years before, the Estates of the Realm had declared the throne of
Richard the Second to be vacant(3). By thus walking in the old paths,
by thus hearkening to the wisdom of our forefathers, we have been able
to change whenever change has been needed, and we have been kept back
Public-domain text, read in full here on John Shaqi.
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