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
from changing out of the mere love of abstract theory. We have thus
been able to advance, if somewhat slowly, yet the more surely; and when
we have made a false step, we have been able to retrace it. On this
last power, the power of undoing whatever has been done amiss, I wish
specially to insist. In tracing the steps by which our Constitution
has grown into its present shape, I shall try specially to show in how
many cases the best acts of modern legislation have been, wittingly or
unwittingly, a falling back on the principles of our earliest times.
In my first chapter I tried to show how our fathers brought with
them into the Isle of Britain those primæval institutions which were
common to them with the whole Teutonic race. I tried to show how those
institutions were modified in the course of time by the circumstances
of the English Conquest of Britain, and by the events which followed
that Conquest. I showed how the kingly power grew with every increase
of the territorial extent of the kingdom; how the old nobility of birth
gave way to a new nobility of personal relation to the sovereign; and
how the effect of these changes seems to have been to make it easier
for the individual freeman of the lower rank to rise, but at the same
time to lower the position of the ordinary freemen as a class. This
last change was still more largely brought about as an independent
result of the same changes which tended to increase the kingly power.
In a state of things where representation is unknown, where every
freeman is an elector and a lawgiver, but where, if he exercises his
elective and legislative rights, he must exercise them directly in
his own person—in such a state of things as this every increase of
the national territory makes those rights of less practical value,
and causes the actual powers of government to be shut up in the hands
of a smaller body. There is no doubt that in the earliest Teutonic
assemblies every freeman had his place. There is no doubt that in
England every freeman kept his place in the smaller local assemblies of
the _mark_, the _hundred_, and the _shire_(4). He still, where modern
legislation has not wholly swept it away, keeps, as I hinted in my
former lecture, some faint shadow of the old right when he gives a vote
in the assembly, in which the assembly of the mark still lives on, that
is, in the vestry of his parish. But how as to the great assembly of
all, the Assembly of the Wise, the Witenagemót of the whole realm? No
ancient record gives us any clear or formal account of the constitution
of that body. It is commonly spoken of in a vague way as a gathering of
the wise, the noble, the great men(5). But, alongside of passages like
these, we find other passages which speak of it in a way which implies
a far more popular constitution. King Eadward is said to be chosen King
by “all folk.” Earl Godwine “makes his speech before the King and all
the people of the land.” Judicial sentences and other acts of authority
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