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
We find then—it will be understood with what qualifications I am
speaking—the English Constitution fully grown by the end of the
thirteenth century, and we find it to be, in the shape which it then
took, the work of Earl Simon of Montfort and of King Edward the
First. Now there are several points in which the shape which our
Constitution thus finally took differed from the shapes which were
taken by most of the kindred Constitutions on the Continent. The usual
form taken by a national or provincial assembly in the middle ages
was that of an Assembly of _Estates_. That is to say, it consisted
of representatives of all those classes in the nation which were
possessed of political rights. These in most countries were three,
Nobles, Clergy, and Commons. And the name of the Three Estates, that
is the Nobles, Clergy, and Commons, is equally well known in England,
though the meaning of the three names differs not a little in England
from what it meant elsewhere. In England we never had, unless it were
in the old days of the _Eorlas_, a Nobility such as is understood by
that name in other countries. Elsewhere the nobles formed a distinct
class, a class into which it was perhaps not absolutely impossible for
those who were beneath it to be raised, but from which it was at least
absolutely impossible for any of its members to come down. Whatever the
privileges of the noble might be, they extended to all his children
and their children for ever and ever. In some countries his titles
descend in this way to all his descendants; all the children of a Duke,
for instance, are Dukes and Duchesses. In France, and in most other
countries where the system of Estates existed, the Estate of the Nobles
in the National Assembly was a representation, in some shape or other,
of the whole class of nobles as a distinct body. How different this is
from our House of Lords I need not point out. In strictness, I repeat,
we have no nobility. The seats in our Upper Chamber go by descent and
not by election or nomination; but no political privilege attaches
to the children of their holders. Even the eldest son of the peer,
the future holder of the peerage, is a commoner as long as his father
lives. Whatever titles he bears are simply titles of courtesy which
carry with them no political privileges above other commoners. Nay,
we may go higher still. As the children of the peer have no special
advantage, so neither have the younger children of the King himself.
The King’s wife, his eldest son, his eldest daughter, his eldest son’s
wife, all have special privileges by Law. His other children are
simple commoners, unless their father thinks good to raise them, as
he may raise any other of his subjects, to the rank of peerage(48).
There is perhaps no feature in our Constitution more important and
more beneficial than this, which binds all ranks together, and which
has hindered us from suffering at any time under the curse of a noble
caste.
Public-domain text, read in full here on John Shaqi.
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