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
At last came the sixteenth century, the time of trial for parliamentary
institutions in so many countries of Europe. Not a few assemblies which
had once been as free as our own Parliament were, during that age,
either utterly swept away or reduced to empty formalities. Then it
was that Charles the Fifth and Philip the Second overthrew the free
constitutions of Castile and Aragon; before long the States-General
of France met for the last time before their last meeting of all
on the eve of the great Revolution(62). In England parliamentary
institutions were not swept away, nor did Parliament sink into an empty
form. But, for a while, Parliaments, like all our other institutions,
became perverted into instruments of tyranny. Under Henry the Eighth,
Parliaments, like Judges, Juries, and ecclesiastical Synods, decreed
whatever seemed good to the caprice of the despot. Why had they so
fallen away from what they had been in a past age, from what they
were to be again? The reason is plain; the Commons had not yet gained
strength enough to act without the Lords, and the Lords had ceased to
be an independent body. The old nobility had been cut off at Towton
and Barnet, and the new nobility were the abject slaves of the King
to whom they owed their honours. A century later, the new nobility
had inherited the spirit of the old, and the Commons had grown to the
fulness of their power. Thus it came that we find in the Parliaments
of the sixteenth century an abject submission to a tyrant’s will, of
which we find no sign in the Parliaments either of the fourteenth or
of the seventeenth. Very different indeed from the Parliaments which
overthrew Richard the Second and Charles the First were the Parliaments
which, almost without a question, passed bills of attainder against
any man against whom Henry’s caprice had turned, the Parliaments
which, in the great age of religious controversy, were ever ready
to enforce by every penalty that particular shade of doctrine which
for the moment commended itself to the Defender of the Faith, to his
son or to his daughters. Why, it may be asked, in such a state of
things, did not parliamentary institutions perish in England as they
perished in so many other lands? It might be enough to say that no
ruler had an interest in destroying institutions which he found that
he could so conveniently turn to his own purposes. But why did not
those institutions sink into mere forms, which they certainly did not
do, even in the worst times? One reason undoubtedly is that special
insular position of our country which has in so many other ways
given a peculiar turn to our history. The great foe of parliamentary
institutions was the introduction of standing armies. But the sovereign
of England, shut up within his island, had far less need of a standing
army than the sovereigns of the Continent, engaged as they were in
their ceaseless wars with neighbours on their frontiers. But I believe
Public-domain text, read in full here on John Shaqi.
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