Show The English Constitution NOTICEABLE among the principles of hist history ry is the one that All nations capable capable capable cap cap- able of civilization soon seek to restrain their monarchs Those nations which time has proved not capable of civilization civilization civilization tion have believed in the divine right of kings have originated and passed from parent to child the tale of the king being being being be be- ing a descendant of the national gods godso Of the latter class today we find China but of the former England is the most prominent The first period of this nations nation's constitutIon constitution constitution con con- reaches back to a time when the savage Briton felt it his right to go goto goto goto to and from his own home to where he pleased and at the time he pleased without without without with with- out the national ruler objecting to his doing so Yet it assumed no definite form and their government was in name as despotic despotic despotic des des- as any other But as they developed developed developed devel devel- and England became consolidated under one king the advantage of the kings king's being advised by his subjects who were acquainted with national affairs affairs affairs af af- fairs was seen This led to the formation formation formation form form- of a national council k known own as the This was composed of the wise men of the kingdom and to it the sovereign looked for advice upon matters matters mat mat- of great weight As this became a larger body and was allowed to vote on matters after they were debated and to see some obedience shown to what it said it was known as Parliament This word tells what was expected of the body its meaning being a formal discussion Its objects with the monarchs were mainly to get an idea 0 of what the people wanted by find finding ng what their representatives representatives representatives wanted The tyrannical kings thus found how far they could go those more patriotic found what all parts of the nation Thus early in the history of governments of the English speaking people did the value of debate and multiplicity of counsel come to tobe tobe tobe be a 0 permanently recognized principle As a rule the sovereigns were not very tyrannical over the people but allowed them most all the liberties that a people of the temperate zones will have In Inthe Inthe Inthe the latter part of the twelfth century the tyrant Richard I. I began to rule as monarchs monarchs monarchs mon mon- archs of Spain and Austria Austria did This was hard for the people to bear but when Richard joined a crusade the people people people peo peo- were afraid to oppose him After Richard had gone on the crusade his brother John was left as ruler His oppressions were so unreasonable that the people could not endure the them m. m As has so often occurred these very wrongs became the cause of the people rising up in their power and and I forcing him to grant gran t what was the literal litera beginning of the English Constitution the the Magna Charta This while it did not give to the people any new rights of great import import import im im- port was a definite understanding between between between be be- tween the crown and its subjects as to the rights of f each each each-a a written acknowledgment acknowledgment acknowledgment of what had before been common common common com com- mon law only While this Charter Ch made provisions for the king to deal justly wi with th the barons barons barons bar bar- ons and for them to deal justly with the people it made no provision for the king to deal justly with the people di di- di There was then no recognition that all all men are born free and equal It did away with punishment being graded for classes and allowed all classes classes classes clas clas- ses a trial by hy jury The greatest power of government the government the right to tax tax had had always been administered by the king who usually consulted parliament This power was now taken from him and so prevented him from again oppressing his subjects as he had done This bore fruit of two flavors One prevented the people being I robbed ob bed the other prevented prevented prevented pre pre- vented the monarchs monarch's over-awing over them with standing armies Neither could he during war or peace take a loyal sub sub- private property unless he pa paid id for it It secured them the old right of going and coming when they pleased extending to peaceable foreigners the thesa sa same e privilege But its ideas taken as asa asa asa a whole have proved less important than the informal acknowledgment that the people were greater greater than their king By reconfirmations of this charter thirty monarchs admitted this same principle The whole of the constitutional history of England says Stubbs is a commentary commentary commentary com com- on this charter The second period in English constitutional constitutional constitutional history may be summed up thus The growth of the middle classes the slavishness of Henry VIII the murmurings murmurings murmurings mur- mur o of Elizabeth and the rebellions of Charles I caused the people who were actuated by the free thought of Protestantism to further restrain the monarch and put most all the power in parliament The ideas embodied in their constitution constitution constitution are the same on ones s that have made Englishmen great The ideas following those of the barbarians came from Rome With the fall of the Empire a relapse came over England The next revival came under the Saxon common law which was the guide of the seven nations during the four hundred years they existed Still traces of the Roman common law remained We find them still The sacredness of family relations relations rela rela- comes from Saxony Our public education from Rome The respect for woman her virtue and her freedom came to be English common law during during during dur dur- ing the second revival The council of the wise men doing regular business was in imitation of Romes Rome's senate That is the morality of our governments came from the woods of Germany its intellect from the courts of Italy A strange infusion of Saxon-Roman Saxon origin came to England when the Normans N Normans Nor Nor- or- or mans brought feudalism This was nominally nominally nominally nom nom- broken up by the War of the Roses in the latter part of the fourteen hundreds Yet traces of it remain in inthe inthe inthe the House of Lords the gentry and the monarch of England For two hundred hundred hundred hun hun- dred years before this time the House of Commons had been in existence but now its power began to be felt so that by 1649 it tried and beheaded the disobedient disobedient disobedient dis dis- obedient Charles I. I As early as Alfreds Alfred's time the county court and such other local functionaries were well known in England Much of the English Constitution Constitution Constitution Con Con- is rulings laws charters and customs regulating the rights of local with the national government The provisions are the same as in the tile states and counties of the United States excepting excepting excepting ex ex- Louisiana where Roman common common com con mon law is the system followed The departments of government as now established in Great Britain and andin andin andin in most of its colonies are the executive executive executive tive the legislative and the judicial As all are much th the same as the home government let us examine it as a type The executive power is vested in the sovereign and a private council which she chooses One of the council known as the premier is chosen as head of the cabinet as this council is called Each of these ministers has the power of speaking to either house of parliament parliament parliament parlia parlia- ment in defense or in explanation of any measure the cabinet may propose They are unlike cabinet ministers in inthe inthe inthe the United States held responsible for any mistakes in government while the monarch is never blamed Having the responsibility they also have the power so that the Queen is a figure head and the executive power lays with the cabinet The crown has the power of vetoing laws passed by parliament but has never used it for over two hundred years Should the present ruler attempt to do it she would no doubt be deposed The judicial power is there as here the power of the courts The essential difference is that our constitution limits the courts and the English courts modIfy modify modify mod mod- the constitution The lord-high- lord chancellor who is also the president of the House of Lords is justice chief-justice of the nation He is also principal law adviser of the nation Under the supreme supreme su su- preme courts are minor tribunals corresponding corresponding corresponding cor cor- responding to our circuit and district courts The l legislative power is the function of parliament with its two houses the houses the House of Lords and the House of Com Com- mons The former is supposedly the higher Four classes of members have seats on its floor They are the hereditary hereditary hereditary heredi heredi- tary lords the lords created by the sovereigns sovereigns sovereigns sov sov- those elected for lite life and those created by the House Hous of Commons for forthe forthe forthe the one session With a membership of five hundred and sixty-seven sixty between between between be be- tween thirty and forty mem members bers attend its sessions The House of Commons is composed of six hundred and seventy mem members bers classed as Irish peers Scottish peers knights of shire representatives of cities and burgesses or representatives tives of boroughs This house has become become become be be- come the reservoir of English power II so as Americans consider the people supreme supreme supreme su su- preme and allow them to express it in inthe inthe inthe the referendum the English consider Commons supreme and question not their power As England has been a great colonizing colonizing ing power much of its constitution bears upon the rights of colonies and the rights of the parent government over them In the early colonial history of America the colonies were property property property prop prop- erty of the crown After J James ames II came to the end of his rope parliament i ent took control of them but now they are virtually independent The sovereign appoints the governor-general governor but each colony elects the other officers and makes its own laws The English Constitution is the best example of an unwritten constitution that ever existed Its principles are em embodied bodied in our constitution and common common common com com- mon law being another instance of the greatness of Saxon-Roman Saxon principles when fused together George H. H Crosby Jr e |