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
Yet this marked distinction between our own Constitution and
that of most other countries is purely traditional. We cannot say that
it was enacted by any particular man or in any particular Assembly. But
it is easy to see that the fact that in England our national Assemblies
always went on in some shape or other, that the right of all freemen
to attend in person was never formally abolished, that the King kept
the right of specially summoning whom he would, all helped to hinder
the growth of an exclusive noble caste. The aristocratic sentiment, the
pride of birth, has doubtless been very strong at all times. But it has
been merely a sentiment, resting on no legal foundation. The Crown
could always ennoble any one; but the nobility so granted belonged to
one only of the family at the time, to the actual owner of the peerage.
All ranks could at all times freely intermarry; all offices were open
to all freemen; and England, unlike Germany, never saw ecclesiastical
foundations whose members were bound to be of noble birth.
The position of the Estate of the Clergy was also widely different in
England from what it was in other countries. In fact the political
position of the Clergy has, ever since Edward the First, been something
utterly anomalous and inconsistent. Elsewhere the representatives of
the Clergy, just like those of the Nobles, formed one distinct Estate
in the Assembly. In England the great Prelates had seats in the House
of Lords, where the Bishops keep them still. But there also existed
the anomalous body called Convocation, whose character has always
fluctuated between that of an ecclesiastical Synod and that of a
parliamentary Estate of the realm(49). The Clergy are still summoned
along with every Parliament; and one distinctly parliamentary function
they held down to the reign of Charles the Second, which was then
taken away without any formal enactment. It was one of our great
constitutional principles established in King Edward’s days that no tax
could be granted to the King except by those who had to pay it. But for
a long time the Lords and the Commons taxed themselves separately, and
the Clergy in their Convocation taxed themselves separately also. And,
till this power was given up, an ecclesiastical benefice gave no right
to vote in the election of members of the House of Commons(50).
Public-domain text, read in full here on John Shaqi.
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