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
Three of the most famous Assemblies in English history have
ever been puzzles in the eyes of mere legal interpreters; to the man of
the eleventh century they would have seemed to be perfectly legal and
regular, alike in their constitution and in their acts. The Assembly
which in 1399 deposed Richard the Second and elected Henry the Fourth,
though summoned by the King’s writ, was not opened by his commission,
and it seems to have shrunk from taking the name of Parliament, and to
have acted only by the name of the Estates of the Realm. As an Assembly
which was in some sort irregular, it seems to have shrunk from going
through the usual forms of a regular Parliament, and, though it did
in the end exercise the greatest of parliamentary powers, it seems to
have been afraid to look its own act in the face. Richard was deposed,
but his deposition was mixed up with a resignation of the Crown on
his own part, and with a challenge of the Crown on the part of Henry.
Then, as a demise of the Crown had taken place, it was held that the
same legal consequences followed as if that demise had been caused by
the death of the King. It was held that the Parliament which had been
summoned by the writ of King Richard ceased to exist when Richard
ceased to be King, and, as it was not thought good to summon a new
Parliament, the same Parliament was, by a legal fiction, summoned again
under the writ of King Henry(15). All these doubts and difficulties,
all these subtleties of lawyers, would have been wholly unintelligible
to a man of the eleventh century. In his eyes the Witan would have come
together, whether by King Richard’s writ or not it mattered little;
having come together, they had done the two greatest of national acts
by deposing one King and choosing another; having done this, if there
was any other national business to be done, there was no reason on
earth why they should not go on and do it. Take again another Assembly
of equal importance in our history, the Convention which voted the
recall—that is, in truth, the election—of Charles the Second. That
Assembly succeeded a Parliament which had ventured on a still stronger
step than deposing a King, that of sending a reigning King to trial and
execution(16). It was not held in 1649 that the Long Parliament came
to an end when the axe fell on the neck of Charles the First, but the
doctrine that it ought to have done so was not forgotten eleven years
later(17). And the Convention which was elected, as freely as any
Parliament ever was elected(18), in answer to the vote of the expiring
Long Parliament, was, because it was so elected and not in answer to
the King’s writ, looked on as an Assembly of doubtful validity. It
acted as a Parliament; it restored the King; it granted him a revenue;
and it did a more wonderful work than all, for it created itself, and
passed an Act declaring itself to be a lawful Parliament(19). Yet,
after all, it was deemed safer that all the Acts of the Convention
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account