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
who had given up an usurped power which they ought never to have held
should be restored to the enjoyment of a natural right which ought
never to have been taken from them. As our present Sovereign in so many
other respects holds the place of Ælfred rather than the place of the
Richards and Henries of later times, so she again holds the right which
Ælfred held, of acquiring and disposing of private property like any
other member of the nation(30).
These examples are, I hope, enough to make out my case. In each of them
modern legislation has swept away the arbitrary inferences of lawyers,
and has gone back to those simpler principles which the untutored
wisdom of our forefathers never thought of calling in question. I
could easily make the list much longer. Every act which has restrained
the arbitrary prerogative of the Crown, every act which has secured
or increased either the powers of Parliament or the liberty of the
subject, has been a return, sometimes to the letter, at all times to
the spirit, of our earliest Law. But I would enlarge on one point
only, the most important point of all, and a point in which we may
at first sight seem, not to have come nearer, but to have gone away
further from the principles of early times. I mean with regard to the
succession to the Crown. The Crown was of old, as I have already said,
elective. No man had a right to become King till he had been called
to the kingly office by the choice of the Assembly of the nation. No
man actually was King till he had been admitted to the kingly office
by the consecration of the Church. The doctrines that the King never
dies, that the throne never can be vacant, that there can be no
interregnum, that the reign of the next heir begins the moment the
reign of his predecessor is ended, are all figments of later times.
No signs of such doctrines can be found at any time earlier than the
accession of Edward the First(31). The strong preference which in early
times belonged to members of the kingly house, above all to the born
son of a crowned King(32), gradually grew, under the influences which
the Norman Conquest finally confirmed, into the doctrine of absolute
hereditary right. That doctrine grew along with the general growth of
the royal power; it grew as men gradually came to look on kingship as
a possession held by a single man for his own profit, rather than as
an office bestowed by the people for the common good of the realm. It
might seem that, in this respect at least, we have not gone forward,
but that we rather have gone back. For nothing is more certain than
that the Crown is more strictly and undoubtedly hereditary now than it
was in the days of Normans, Angevins, or Tudors. But a little thought
will show that in this case also, we have not gone back but have gone
forward. That is to say, we have gone forward by going back, by going
back, in this case, not to the letter, but assuredly to the spirit of
earlier times.
Public-domain text, read in full here on John Shaqi.
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