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
It was in the days of Elizabeth that something of the ancient spirit
again breathed forth. It is then that we come to the beginning of that
long line of parliamentary worthies which stretches on in unbroken
order from her days to our own. A few daring spirits in the Commons’
House now began once more to speak in tones worthy of those great
Assemblies which had taught the Edwards and the Richards that there
was a power in England mightier than their own(67). Under the puny
successor of the great Queen the voice of freedom was heard more
loudly(68). In the next reign the great strife of all came, and a King
of England once more, as in the days of Henry and Simon, stood forth
in arms against his people to learn that the power of his people was
a greater power than his. But in the seventeenth century, just as in
the thirteenth, men did not ask for any rights and powers which were
admitted to be new; they asked only for the better security of those
rights and powers which had been handed on from days of old. Into the
details of that great struggle and of the times which followed it is
not my purpose to enter. I have traced at some length the origin and
growth of our Constitution from the earliest times to its days of
special trial in the days of Tudor and Stewart despotism. Our later
constitutional history rather belongs to an inquiry of another kind.
It is mainly a record of silent changes in the practical working of
institutions whose outward and legal form remained untouched. I will
therefore end my consecutive historical sketch—if consecutive it can
claim to be—at the point which we have now reached. Instead of carrying
on any regular constitutional narrative into times nearer to our own, I
will rather choose, as the third part of my subject, the illustration
of one of the special points with which I set out, namely the power
which our gradual developement has given us of retracing our steps, of
falling back, whenever need calls for falling back, on the principles
of earlier, often of the earliest, times. Wittingly or unwittingly,
much of our best modern legislation has, as I have already said, been
a case of advancing by the process of going back. As the last division
of the work which I have taken in hand, I shall try to show in how
many cases we have, as a matter of fact, gone back from the cumbrous
and oppressive devices of feudal and royalist lawyers to the sounder,
freer, and simpler principles of the days of our earliest freedom.
CHAPTER III.
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