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 we may say that, in the time of Edward the First, the English
Constitution definitely put on the same essential form which it
has kept ever since. The germs of King, Lords, and Commons we had
brought with us from our older home eight hundred years before. But,
from King Edward’s days onwards, we have King, Lords, and Commons
themselves, in nearly the same outward shape, with nearly the same
strictly legal powers, which they still keep. All the great principles
of English freedom were already firmly established. There is indeed
a wide difference between the political condition of England under
Edward the First and the political condition of England in our own
day. But the difference lies far more in the practical working of the
Constitution than in its outward form. The changes have been many; but
a large portion of those changes have not been formal enactments, but
those silent changes whose gradual working has wrought out for us a
conventional Constitution existing alongside of our written Law. Other
changes have been simply improvements in detail; others have been
enactments made to declare more clearly, or to secure more fully in
practice, those rights whose existence was not denied. But, speaking
generally, and allowing for the important class of conventional
understandings which have never been clothed with the form of written
enactments, the main elements of the English Constitution remain now
as they were fixed then. From that time English constitutional history
is not merely an inquiry, however interesting and instructive, into
something which has passed away. It is an inquiry into something which
still lives; it is an inquiry into laws which, whenever they have
not been formally repealed, are in full force at this day. Up to the
reign of Edward the First English history is strictly the domain of
antiquaries. From the reign of Edward the First it becomes the domain
of lawyers(47).
Public-domain text, read in full here on John Shaqi.
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