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
are voted by the army, that is by the people under arms. Sometimes we
find direct mention of the presence of large and popular classes of
men, as the citizens of London or Winchester(6). The inference from all
this is obvious. The right of the ordinary freeman to attend, to
vote—it might perhaps be nearer the truth to say to shout(7)—in the
general Assembly of the whole realm was never formally taken away. But
it was a right which, in its own nature, most men could hardly ever
exercise. None but men of wealth would have the means, none but men
of some personal importance would have any temptation, to take long
journeys for such a purpose. It is not likely that any great multitude
would, under ordinary circumstances, set off from Northern England to
attend meetings which were habitually held at Westminster, Winchester,
and Gloucester. It is plain that the habitual attendance would not go
beyond a small body of chief men, Earls, Bishops, Abbots, the officers
of the King’s court, the Thegns of the greatest wealth or the highest
personal influence. But it is plain that, when the heart of the nation
was specially stirred by some overwhelming interest, many men would
find their way to the Assembly who would not find their way to it
in ordinary times. And, when the Assembly was held in a town, the
citizens of that town at once formed a popular element ready on the
spot. Hence we can account for the seemingly contradictory way in which
the Assembly is spoken of, sometimes in language which would imply
an aristocratic body, sometimes in language which would imply a body
highly democratic. It was in fact a body, democratic in ancient theory,
aristocratic in ordinary practice, but to which any strong popular
impulse could at any time restore its ancient democratic character(8).
Acts done by a freely chosen representative body may, without much
straining of language, be said to be done by the whole people. But
acts done by a body not representative could never be called the acts
of the whole people, unless the whole people had an acknowledged right
to attend its meetings, though that right might, under all ordinary
circumstances, be exercised only by a few of their number.
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