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
Out of this body, whose constitution, by the time of the Norman
Conquest, had become not a little anomalous and not a little
fluctuating, our Parliament directly grew. Of one House of that
Parliament we may say more; we may say, not that it grew out of the
ancient Assembly but that it is absolutely the same by personal
identity. The House of Lords not only springs out of, it actually is,
the ancient Witenagemót. I can see no break between the two. King
William summoned his Witan as King Eadward had summoned them before
him. In one memorable assembly of the Conqueror’s reign, we read that
the great men of the realm were reinforced by the presence of the
whole body of the landholders of England, whose number tradition handed
down as sixty thousand(9). But, as a rule, the Great Councils after
the Norman Conquest bear the same uncertain and fluctuating character
as the Gemóts of earlier days. In the constitution of the House of
Lords I can see nothing mysterious or wonderful. Its hereditary
character came in, like other things, step by step, by accident rather
than by design. And it should not be forgotten that, as long as the
Bishops keep their seats in the House, the hereditary character of the
House does not extend to all its members. To me it seems simply that
two classes of men, the two highest classes, the Earls and the Bishops,
never lost or disused that right of attending in the National Assembly
which was at first common to them with all other freemen. Besides these
two classes, the King summoned other men to our early Parliaments,
pretty much, it would seem, at his own pleasure. The right of the
King so to do could not be denied; when all had an abstract right to
attend, we cannot blame the King for specially summoning those for
whose attendance he specially wished. But it would almost naturally
follow that such a special summons would gradually be held to bestow an
exclusive right, and that those who were not specially summoned would
soon be looked upon as having no part or lot in the matter. But it is
certain that it was long before such a summons was held to confer a
hereditary, or even a lasting personal right. The King did not always
summon the same men to every Parliament. Besides the Earls and the
Bishops, others both of the laity and the clergy were always summoned,
but the list of those who were summoned, both of the laity and of the
lesser ecclesiastical dignitaries, constantly varies from Parliament
to Parliament(10). That the personal summons conveyed an exclusive
hereditary right was one of those devices of lawyers of which so many
have crept into our constitution. When the notion of hereditary right
had once established itself, the formal creation of peerages by patent
was a natural stage. Looking at the matter from this historical point
of view, it seems to me simply wonderful how any one can doubt the
power of the Crown to create life-peerages, or to regulate the tenure
Public-domain text, read in full here on John Shaqi.
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