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
duration of the existing Parliament(24). Truly this is a case where
the letter killeth and the spirit giveth life. The doctrine which had
been inferred by unanswerable logic from an utterly worthless premiss
has been cast aside in favour of the dictate of common sense. We have
learned that the moment when the State has lost its head is the last
moment which we ought to choose for depriving it of its body also.
Here then is a notable instance of the way in which the latest
legislation of England has fallen back upon the principles of the
earliest. Here is a point on which the eleventh century and the
nineteenth are of one mind, and on which the fanciful scruples of the
fourteenth and the seventeenth centuries are no longer listened to. Let
us take another instance. In the old Teutonic Constitution, just as in
the old Roman Constitution, large tracts of land were the property of
the State, the _ager publicus_ of Rome, the _folkland_ of England. As
the royal power grew, as the King came to be more and more looked on
as the impersonation of the nation, the land of the people came to be
more and more looked on as the land of the King, and the _folkland_
of our Old-English charters gradually changed into the _Terra Regis_
of Domesday(25). Like other changes of the kind, the Norman Conquest
only strengthened and brought to its full effect a tendency which was
already at work; but there can be no doubt that, down to the Norman
Conquest, the King at least went through the form of consulting his
Witan, before he alienated the land of the people to become the
possession of an individual—in Old-English phrase, before he turned
_folkland_ into _bookland_(26). After the Norman Conquest we hear no
more of the land of the people; it has become the land of the King, to
be dealt with according to the King’s personal pleasure. From the days
of the first William to those of the Third, the land which had once
been the land of the people was dealt with without any reference to
the will of the people. Under a conscientious King it might be applied
to the real service of the State, or bestowed as the reward of really
faithful servants of the State. Under an unconscientious King it might
be squandered broadcast among his minions or his mistresses(27). Now
this wrong too is redressed. A custom as strong as law now requires
that, at the beginning of each fresh reign, the Sovereign shall, not
by an act of bounty but by an act of justice, give back to the nation
the land which the nation lost so long ago. The royal demesnes are now
handed over to be dealt with like the other revenues of the State, to
be disposed of by Parliament for the public service(28). That is to
say, the people have won back their own; the usurpation of the days of
foreign rule has been swept away. We have in this case too gone back
to the sound principles of our forefathers; the _Terra Regis_ of the
Norman has once more become the _folkland_ of the days of our earliest
freedom.
Public-domain text, read in full here on John Shaqi.
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