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
(2) On the renewal of the Laws of Eadward by William, see Norman
Conquest, iv. 324. Stubbs, Documents, 25. It should be marked that the
Laws of Eadward were again confirmed by Henry the First (see Stubbs,
90-99), and, as the Great Charter grew out of the Charter of Henry
the First produced by Archbishop Stephen Langton in 1213, the descent
of the Charter from the Laws of Eadward is very simple. See Roger of
Wendover, iii. 263 (ed. Coxe). The Primate there distinctly says that
he had made John swear to renew the Laws of Eadward. “Audistis quomodo,
tempore quo apud Wintoniam Regem absolvi, ipsum jurare compulerim, quod
leges iniquas destrueret et leges bonas, videlicet leges Eadwardi,
revocaret et in regno faceret ab omnibus observari.” It must be
remembered that the phrase of the Laws of Eadward or of any other King
does not really mean a code of laws of that King’s drawing up, but
simply the way of administering the Law, and the general political
condition, which existed in that King’s reign. This is all that would
be meant by the renewal of the Laws of Eadward in William’s time. It
simply meant that William was to rule as his English predecessors had
ruled before him. But, by the time of John, men had no doubt begun to
look on the now canonized Eadward as a lawgiver, and to fancy that
there was an actual code of laws of his to be put in force.
On the various confirmations of the Great Charter, see Hallam, Middle
Ages, ii. 111.
(3) Macaulay, ii. 660. “When they were told that there was no precedent
for declaring the throne vacant, they produced from among the records
of the Tower a roll of parchment, near three hundred years old, on
which, in quaint characters and barbarous Latin, it was recorded that
the Estates of the Realm had declared vacant the throne of a perfidious
and tyrannical Plantagenet.” See more at large in the debate of the
Conference between the Houses, ii. 645.
(4) See Kemble, Saxons in England, ii. 186—194. This, it will be
remembered, is admitted by Professor Stubbs. See above, note 48 to
Chapter I.
(5) See Kemble, ii. 199, 200, and compare page 194.
(6) I have collected these passages in my History of the Norman
Conquest, i. 591.
(7) On the acclamations of the Assembly, see note 19 to Chapter I. I
suspect that in all early assemblies, and not in that of Sparta only,
κρίνουσι βοῇ καὶ οὐ ψήφῳ (Thuc. i. 87). We still retain the custom in
the cry of “Aye” and “No,” from which the actual vote is a mere appeal,
just like the division ordered by Sthenelaïdas when he professed not to
know on which side the shout was.
(8) See Norman Conquest, i. 100, and History of Federal Government, i.
263.
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