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THE GROWTH
OF
THE ENGLISH CONSTITUTION
FROM THE EARLIEST TIMES
THE GROWTH
OF THE
ENGLISH CONSTITUTION
FROM THE EARLIEST TIMES.
BY
EDWARD A. FREEMAN, M.A., Hon. D.C.L.,
LATE FELLOW OF TRINITY COLLEGE, OXFORD.
‘Concedis justas leges et consuetudines esse tenendas, et promittis easper te esse protegendas et ad honorem Dei roborandas, quas vulgus elegeritsecundum vires tuas?’—Ancient Coronation Oath.
‘Rex habet superiorem, Deum. Item Legem, per quam factus est Rex.Item curiam suam.’—Bracton.
SECOND EDITION.
London:
MACMILLAN AND CO.
1873.
[The Right of Translation and Reproduction is reserved.]
LONDON:
R. CLAY, SONS, AND TAYLOR, PRINTERS,
BREAD STREET HILL.
PREFACE TO THE FIRST EDITION.
The proverb “qui s’excuse s’accuse” is so regularlyturned against any author who gives any accountof the origin of his work that it may be well toprevent its quotation by quoting it oneself. Ihave to ask that these three Chapters and theiraccompanying Notes may not be judged by thestandard of a book. If I were to write a bookon the English Constitution, it would be differentin form and, in many points, different in style.What the reader has here is a somewhat extendedform of two Lectures given at Leeds and Bradfordlast January. I had thought that they might beworth printing in the shape of two magazine-*papers;others thought that they might do goodin their present shape. I therefore expanded thelatter part of the second Lecture, which had tovibe cut very short in delivery, so as to make athird Chapter, and I added such notes and referencesas seemed to be needed.
I say all this, in order that what I have nowwritten may be judged by the standard of lectures,not by the standard of a book. In a popularlecture it is impossible to deal with everythingwith which it is desirable to deal; it is impossibleto go to the bottom of those things which onepicks out to deal with. It is enough—because itis all that can be done—if the choice of subjectsis fairly well made, and if the treatment of thosethat are chosen, though necessarily inadequate, isaccurate as far as it goes. Many things must beleft out altogether; many things must be treatedvery imperfectly; the attention of the hearersmust be caught by putting some things in a morehighly wroug