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
(9) See Norman Conquest, iv. 694. In this case the Chronicler, under
the year 1086, distinguishes two classes in the Assembly, “his witan
and ealle Þa landsittende men Þe ahtes wæron ofer eall Engleland.”
These “landsittende men” were evidently the forerunners of the “libere
tenentes,” who, whether their holdings were great or small, kept their
place in the early Parliaments. See Hallam, ii. 140-146, where will be
found many passages showing the still abiding traces of the popular
constitution of the Assembly.
(10) The practice of summoning particular persons can be traced up to
very early times. See Kemble, ii. 202, for instances in the reign of
Æthelstan. On its use in later times, see Hallam, ii. 254-260; and on
the irregularity in the way of summoning the spiritual peers, ii. 253.
The bearing of these precedents on the question of life peerages
will be seen by any one who goes through Sir T. E. May’s summary,
Constitutional History, i. 291-298.
(11) Sismondi, Histoire des Français, v. 289: “Ce roi, le plus absolu
entre ceux qui ont porté la couronne de France, le moins occupé du
bien de ses peuples, le moins consciencieux dans son observation des
droits établis avant lui, est cependant le restaurateur des assemblées
populaires de la France, et l’auteur de la représentation des communes
dans les états généraux.” See Historical Essays, 45.
(12) See the history of Stephen Martel in Sismondi, Histoire des
Français, vol. vi. cap. viii. ix., and the account of the dominion of
the Butchers, vii. 259, and more at large in Thierry’s History of the
Tiers-État, capp. ii. iii.
(13) The Parliament of Paris, though it had its use as some small check
on the mere despotism of the Crown, can hardly come under the head of
free institutions. France, as France, under the old state of things,
cannot be said to have kept any free institutions at all; the only
traces of freedom were to be found in the local Estates which still met
in several of the provinces. See De Tocqueville, Ancien Régime, 347.
(14) The thirteenth century was the time when most of the existing
states and nations of Europe took something like their present form and
constitution. The great powers which had hitherto, in name at least,
divided the Christian and Mahometan world, the Eastern and Western
Empires and the Eastern and Western Caliphates, may now be looked on
as practically coming to an end. England, France, and Spain began to
take something like their present shape, and to show the beginnings of
the characteristic position and policy of each. The chief languages of
Western Europe grew into something like their modern form. In short,
the character of this age as a time of beginnings and endings might be
traced out in detail through the most part of Europe and Asia.
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