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
The Crown is now more undoubtedly hereditary than it
was in the fifteenth or sixteenth century; but this is because it is
now hereditary by Law, because its powers are distinctly defined by
Law. The will of the people, the source of all Law and of all power,
has been exercised, not in the old form of personally choosing a King
at every vacancy of the Crown, but by an equally lawful exercise of
the national will, which has thought good to entail the Crown on a
particular family.
It was in the reign of our last elective King that the Crown first
became legally hereditary. The doctrine may seem a startling one, but
it is one to which an unbiassed study of our history will undoubtedly
lead us. Few things are more amusing than the treatment which our early
history has met with at the hands of purely legal writers. There is
something almost pitiable in the haltings and stumblings of such a
writer as Blackstone, unable to conceive that his lawyer’s figment
of hereditary right was anything short of eternal, and yet coming at
every moment across events which showed that in early times all such
figments were utterly unknown(33). In early times the King was not
only elected, but he went through a twofold election. I have already
said that the religious character with which most nations have thought
good to clothe their Kings took in England, as in most other Christian
lands, the form of an ecclesiastical consecration to the kingly office.
That form we still retain; but in modern times it has become a mere
form, a pageant impressive no doubt and instructive, but still a mere
pageant, which gives the crowned King no powers which he did not
equally hold while still uncrowned. The death of the former King at
once puts his successor in possession of every kingly right and power;
his coronation in no way adds to his legal authority, however much it
may add to his personal responsibility towards God and his people. But
this was not so of old time. The choice of the national Assembly gave
the King so chosen the sole right to become King, but it did not make
him King. The King-elect was like a Bishop-elect. The recommendation
of the Crown, the election of the Chapter, and the confirmation of the
Archbishop, give a certain man the sole right to a certain see, but
it is only the purely religious rite of consecration which makes him
actually Bishop of it(34). So it was of old with a King. The choice
of the Witan made him King-elect, but it was only the ecclesiastical
crowning and anointing which made him King. And this ecclesiastical
ceremony involved a further election. Chosen already to the civil
office by the Nation in its civil character, he was again chosen by
the Church—that is, by the Nation in its religious character, by the
Clergy and People assembled in the church where the crowning rite was
to be done(35). This second ecclesiastical election must always have
been a mere form, as the choice of the nation was already made before
Public-domain text, read in full here on John Shaqi.
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