The Growth of the English Constitution from the Earliest Times — John Shaqi
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
or succession of a peerage in any way that it thinks good.
The House of Lords then, I do not hesitate to say, represents, or
rather is, the ancient Witenagemót. An assembly in which at first every
freeman had a right to appear has, by the force of circumstances, step
by step, without any one moment of sudden change, shrunk up into an
Assembly wholly hereditary and official, an Assembly to which the Crown
may summon any man, but to which, it is now strangely held, the Crown
cannot refuse to summon the representatives of any man whom it has
once summoned. As in most other things, the tendency to shrink up into
a body of this kind began to show itself before the Norman Conquest,
and was finally confirmed and established through the results of the
Norman Conquest. But the special function of the body into which the
old national Assembly has changed, the function of “another House,” an
Upper House, a House of Lords as opposed to a House of Commons, could
not show itself till a second House of a more popular constitution
had arisen by its side. Like everything else in our English polity,
both Houses in some sort came of themselves. Neither of them was the
creation of any ingenious theorist, though we need not doubt that many
of the several steps in the growth of each were, each in its own time,
the work of practical statesmanship. Our forefathers had no theories;
but men, each in his own generation, had eyes keen enough to see that
such and such a change in detail would get rid of such and such an
immediate evil, or would bring with it such and such an immediate
advantage. Nay more, it has sometimes happened that a change which
was brought in with an evil intent has in the end worked for good.
Measures which were taken with a view of strengthening the power of
the Crown have come in the end to widen the rights of the people. On
the other hand, institutions which once answered a good and needful
purpose have sometimes, through change of times, changed their nature
and have become instruments of evil instead of good. But in neither
case were the institutions of our fathers the work of abstract theory.
They have therefore lived on, and they have borne good fruit. Our
national Assembly has changed its name and its constitution, but
its corporate identity has lived on unbroken. We can therefore at
any moment reform without destroying. In France, on the other hand,
institutions have been the work of abstract theory; they have been the
creations, for good or for evil, of the minds of individual men. The
English Parliament is immemorial; it grew step by step out of the older
order of things. In France the older order of things utterly vanished;
the ground lay open for the creation of a wholly new institution, and
the States-General were called into being at the bidding of Philip the
Fair(11). Englishmen in the fourteenth and fifteenth centuries had no
theories of the rights of man or of universal humanity. But when they
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