The Growth of the English Constitution from the Earliest Times
CHAPTER II.
Gradual growth of the English Constitution—new laws seldom called for—importance of precedent—return to early principles in modern legislation—shrinking up of the ancient national Assemblies—constitution of the Witenagemót—the Witenagemót continued in the House of Lords—Gemóts after the Norman Conquest—the King’s right of summons—Life Peerages—origin of the House of Commons—comparison of English and French national Assemblies—of English and French history generally—course of events influenced by particular men—Simon of Montfort—France under Saint Lewis—bad effect of his virtues—good effect of the vices of the Angevin Kings in England—effect of the personal character of William the Conqueror—the Normans in England gradually become English—the Angevins neither Norman nor English—their love of foreigners—struggle against the King and the Pope—national character of the English Church—separation of ecclesiastical and temporal jurisdiction under William—supremacy of the Crown—its abuse—good side of ecclesiastical claims—interference of the Popes in English affairs—the Pope and the King in league against the English Church and nation—importance of London—general growth of the towns—beginning of representation—Knights of the shire—judicial powers of Parliament—citizens and burgesses first summoned by Earl Simon—his connexion with Bourdeaux and London—Simon a foreigner—religious reverence shown to him and to other political worthies—Edward the First—the Constitution finally completed under him—nature of later changes—difference between English and continental legislatures—system of Estates—three Estates of the Realm—no nobility in England—no separate Estate of the Clergy practically established—effects of the union of knights and citizens in one House—incidental origin of the system of two Houses—misuse of the phrase “three Estates”—growth of the House of Commons—general harmony of the two Houses—great powers of the early Parliaments—character of the fifteenth century—Parliaments less independent—narrowing of the county franchise—popular elections of Kings—signs of the importance of Parliament—character of the sixteenth century—general decay of free institutions in Europe—their preservation in England—subserviency of Parliament—its causes—effects of the personal character of Henry the Eighth—his respect for the outward forms of Law—indirect witnesses to the importance of Parliament—tampering with elections—enfranchisement of corrupt boroughs—Parliament under Elizabeth—James the First—Charles the First—nature of later changes. _Pp._ 56-110