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
document, borrowed the seal of the city of London(34).
This last fact brings me round to what I first spoke of long ago,
what I may perhaps seem to have forgotten, but what I have in truth
had constantly before my eyes, the distinctly constitutional reforms
which we owe to Earl Simon of Montfort. The fact that a document
which professed to speak in the name of all classes of the whole
nation could not be so fittingly signed as with the seal of the city
of London marks the place which that city held in the political
estimation of the time. But London held that position only as the
greatest member of an advancing class, as the foremost among the
cities and boroughs of England. Now the great work of Earl Simon was
to give those cities and boroughs their distinct place as one of the
elements of the body politic. Let us trace the steps by which that
great work was done. When we reach the thirteenth century, we may look
on the old Teutonic constitution as having utterly passed away. Some
faint traces of it indeed we may find here and there in the course
of the twelfth century, as when both sides in the wars of Stephen and
Matilda acknowledged the right of the citizens of London to a voice
in the disposal of the Crown(35). But the regular Great Council, the
lineal representatives of the ancient _Mycel Gemôt_ or _Witenagemôt_,
was shrinking up into a body not very unlike our House of Lords. Its
constitution, as I have already hinted, was far more fluctuating, far
less strictly hereditary, than the modern body, but it was almost as
far from being in any sense a representation of the people. The Great
Charter secures the rights of the nation and of the national Assembly
as against arbitrary legislation and arbitrary taxation on the part of
the Crown. But it makes no change in the constitution of the Assembly
itself. The greater Barons were to be summoned personally; the lesser
tenants in chief, the representatives of the _landsittende menn_ of
Domesday, were to be summoned by a general writ(36). The Great Charter
in short is a Bill of Rights; it is not what, in modern phrase, we
understand by a Reform Bill. But, during the reigns of John and Henry
the Third, a popular element was fast making its way into the national
Councils in a more practical form. The right of the ordinary freeman
to attend in person had long been a shadow; that of the ordinary
tenant-in-chief was becoming hardly more practical; it now begins to be
exchanged for what had by this time become the more practical right of
choosing representatives to act in his name. Like all other things in
England, this right has grown up by degrees and as the result of what
we might almost call a series of happy accidents. Both in the reign
of John and in the former part of the reign of Henry, we find several
instances of knights from each county being summoned(37). Here we
have the beginning of our county members and of the title which they
still bear, of knights of the shire.
Public-domain text, read in full here on John Shaqi.
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