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
Thus it was that the misgovernment of our Angevin Kings called forth
among all the natives of the land an universal spirit of revolt against
the domination of strangers within the realm. And they called forth the
spirit of revolt in another way, a way hardly less important, by their
base subserviency to a foreign power in ecclesiastical matters. I have
here nothing to do with theological dogmas, with their truth or their
falsehood, but the ecclesiastical position of the nation forms a most
important aspect of its history throughout these times. In Old-English
times there can be no doubt as to the existence of an effective
supremacy in ecclesiastical matters on the part of the Crown. The King
was the Supreme Governor of the Church, because he was the Supreme
Governor of the Nation. The Church and the Nation were absolutely the
same; the King and his Witan dealt with ecclesiastical questions and
disposed of ecclesiastical offices by the same right by which they
dealt with temporal questions and disposed of temporal offices(24).
The Bishop and the Ealdorman, each appointed by the same authority,
presided jointly in the assembly of the shire, and the assembly over
which they presided dealt freely both with ecclesiastical and with
temporal causes. One of the few formal changes in our Law which took
place in the days of the Conqueror was the separation of the two
jurisdictions of the Bishop and the Ealdorman. One of William’s extant
laws ordained the establishment, according to continental models, of
distinct ecclesiastical courts for the trial of ecclesiastical causes
(25). But more important than this formal change was the practical
result of the Conquest in bringing England into closer connexion than
before with the See of Rome. The enterprise of the Conqueror was
approved by Hildebrand, and it was blessed by the Pope in whose name
Hildebrand already ruled(26). While William lived, the royal supremacy
remained untouched, and, allowing for his position in a conquered
land, we may fairly say that it was not abused. But in meaner hands
the ancient power of the Crown as the representative of the nation was
often abused and often disputed. Quarrels arose as to the limits of
the ecclesiastical and the civil power such as had never been heard of
in the old times. And we must remember that claims which seem utterly
monstrous now were far from seeming monstrous in a state of things so
wholly unlike our times. Even the claim of the clergy to an exemption
from temporal jurisdiction in criminal cases had a very different look
then from what it has now. The privilege thus claimed was by no means
confined to the priesthood; it took in a large part of those among
the people who were least able to defend themselves(27). And when we
think of the horrible punishments, death, and mutilations worse than
death, which the courts of our Angevin Kings freely inflicted for very
slight offences, we can understand that men looked favourably on the
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