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
courts of the Bishops, where the heaviest penalties were stripes and
imprisonment. In the disputes between the Crown and the Church, from
William Rufus to Henry the Second, we find popular feeling always
enlisted on the ecclesiastical side(28). Nor need we wonder at this,
when we find among the Constitutions of Clarendon, which King Henry
strove to enforce and which Archbishop Thomas withstood, one which
forbad the ordination of villains without the consent of their lords.
That is to say, it cut off from the lowest class the only path by which
they had any hope of rising to posts of honour and authority(29). But
from the reign of John onwards we get a new state of things. A foreign
power stepped in, a power which had as yet meddled but little in the
strictly internal affairs of England, and which, so far as it had
meddled at all, had on the whole taken the popular side. In the latter
days of John and through the whole reign of Henry the Third, we find
the Pope and the King in strict alliance against the English Church
and Nation. The last good deed done by a Pope towards England was when
Innocent the Third sent us Stephen Langton(30). Ever afterwards we
find Pope and King leagued together to back up each other’s oppressions
and exactions. The Papal power was always ready to step in on behalf
of the Crown, always ready to hurl spiritual censures against the
champions of English freedom. The Great Charter was denounced at
Rome; so was its author the patriot Primate(31). Earl Simon died
excommunicate; but, in the belief of Englishmen, the excommunications
of Rome could not hinder an English Earl from working countless signs
and wonders(32)—a pretty convincing argument, one might deem, that the
Bishop of Rome had no jurisdiction in this realm of England. Against
King and Pope the whole nation stood united; clergy and laity, nobles
and commons, men of Norman and men of Old-English birth, all stood
together alike against the King’s foreign favourites and against the
aggressions of Rome. The historians of the age, all of them churchmen,
most of them monks, are all but unanimous on the popular side. Prelates
like the Primate Stephen, like Robert Grosseteste of Lincoln and
Walter of Cantelupe of Worcester, were foremost in the good cause;
the two latter were among the closest friends and counsellors of the
patriot Earl(33). We see how old distinctions and old enmities had
been wiped out, how all the sons of the soil were banded together in
one fellowship, when we read the letter denouncing the abuses of the
Roman See which was sent to that See in the name of no less a body
than the whole Nobility, Clergy, and Commons of the English realm.
In that letter, an out-spoken and truly English document, which has
been preserved by an historian who well appreciated it, the writers
set forth that, as the Nobles, Clergy, and Commons in whose name it
is written have no common seal, they have, for the signature of their
Public-domain text, read in full here on John Shaqi.
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