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
Character of later constitutional developments—greater
importance of silent changes—growth of the unwritten
_Constitution_ as distinguished from the written _Law_—Sir
Robert Peel’s vote of want of confidence—its bearings—the
growth of the Constitution implies the firm establishment of
the Law—relations between the Crown, the Ministry, and the
Parliament—indirect exercise of parliamentary power—origin
of the Ministry—recent use of the word _Government_—causes
and advantages of indirect parliamentary action—growth of
professional lawyers—their influence on constitutional
doctrines—their reasoning mainly sound, but their premisses
commonly worthless—return of modern legislation to the
earliest state of things—doctrine that Parliament expires by
a demise of the Crown—an inference from the doctrine about
the King’s writ—contrast with Old-English constitutional
doctrines—doubts and difficulties which Old-English
principles would have answered—case of 1399—deposition
of Richard and election of Henry—legal subtleties about
the character and continuance of the Parliament—case of
1660—question as to the continuance of the Long Parliament
after the execution of Charles the First—question as to the
nature and powers of the Convention Parliament—the Convention
declared to be a Parliament by its own act—question of
1688-9—history of the second Convention Parliament—question as
to the effects of Mary’s death—each of these acts a return to
earlier doctrines—their value as possible precedents—modern
legislation as to the demise of the Crown—Parliament no longer
dissolved by it—Act of William the Third—Act of George the
Third—Act of Victoria—reasonableness of this legislation—case
of the _Folkland_ or public land—its gradual change into
_Terra Regis_ or demesne land—the national revenue disposed of
at the King’s pleasure—return to earlier doctrines in modern
practice—case of the private estates of the King—dealt with in
earlier times like any other estates—doctrine that the private
estates of the King merged in the demesne of the Crown—return
to ancient practice by modern legislation—other cases of
return to ancient principles—history of the succession to the
Crown—the Crown anciently elective—preference for members
of the royal family—growth of the doctrine of hereditary
right—treatment of the law of succession by lawyers—twofold
election of the King—his ecclesiastical coronation—the
ecclesiastical election survives the civil—state of the
succession in the fourteenth and fifteenth centuries—right
of Parliament to dispose of the Crown—election of Henry the
Eighth—settlement of the Crown by his will—usurpation of the
Stewarts—their doctrine of divine right—the ancient right
asserted by the election of William and Mary—the Crown made
hereditary by the Act of Settlement—good side of hereditary
succession in modern times—conclusion. _Pp._ 111-160
Public-domain text, read in full here on John Shaqi.
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