The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-15
so1rB NEW 1OOKG
orlEia and Growth OF the EsEiish Constr.
mi

tits to original Investigate ions among the Enc
lish archives carried on during the last ha
century. and especially during the last thirt
years, that wo are indebted for accurate know
edge OF tho evolution OF the English Constitu
ton during the formative stage preceding tn
reign of the first Tudor, atwhich date Hallam'
constitutional history begins. We have hith
crto had. however, to gather such knowledge
rlccemea from the writings OF Freeman an
Siubhs. and, to more limited extent, from
those OF Kemble and PRlgrRve. The first at
tempt to present a systematic and CONSECUTIVE
exposition OF the fruits OF the researches un
dertaken by flrs-hand Inquirers has beel
made by an American student Mr. HANNI
TAYLOR in The origin and Grotrh ofthe EnolS
Constitution. n work which will ultimately III
two largo octave volumes. The first OF these
which ia now published tHoughton. Mlf1lin 4
Co.. brings the narrative down to the accession
OF the first Tudor and covers. therefore. tn,
period OF the making Of the English Constitu.
ton, as distinguished from tho subsequent
unmakinR and eventual reconstruction. This
volume may. however. be used as text book
independently OF Its prospective companion be.
cause the final chapter outlines the constitu-
tional changes which have taken place from
1885 up to our own time. while an Introduction
traces tho relation OF American to English
political institutions. The value Of such book
verslties and advanced schools can hardly fail
to be promptly recognized. As a manual Of
reference. containing the dgested outcome OF
the ripest historical scholarship. II has no COM
petitor and is. therefore. Indispensable.
Is the English monarchy In principle elective
or hereditary In what sense can we attribute
TO the English Parliament unbroken descent
from e-Norman times? These are funda-
mental questions which the new learning ac-
cumulated during the last half century enables
us to answer. Let us see what light Mr.. Tay-
lor throws on the former inquiry. To begin
with the state OF things in England before the
Norman conquest it is pointed ont on page 1888
that the wltenagem ote or witan la body whose
composition we will glance at presently pos
sessed tho power not only Of electing but Of
deposing the King. 1t is true that in every
Saxon kingdom, as Rfterward in consolidated
England. there was a royal house. whose men,
bers we're considered under ordinary circum-
stances entitled to the succession; but within
the limits Of that house the witan had the
power to elect the person most competent to
govern. In the case OF Harold. son OF Goodwin.
the witan went entirely outside OF the royal
line. 1t was usual to give the preference to the
oldest son OF the last King. IL he were not too
young or otherwise incompetent to rule: In
the latter event the witan generally elected
tho brother OF the last King. or some other
kindred prince more capable OF ruling. But,
no matter who succeeded to the throne. the
theory was that he succeeded by right OF cleo
ton : he was elected and raised to be King"
Express mention Is made of the act OF election
In the chronicles and memorials touching tho
accessions of the following Kings: Alfred. Ed
ward the Elder. Athelstan, Edred. Edgar. Ed |
ward. Ethelred. Edmund. Canute. Harold l..
Edward the Confessor. and Harold Godwinsson. |
The majority OF cases demonstrating the |
witan's power OF deposition belong to the
period preceding the union Of the heptarchic
Kingdoms under the house Of Cerdc. In the
eighth century Achred. King OF Northumbria,
was formally deposed. In 755 tho witan OF
Wessex deposed Sigeburt from tho royal dig
nifty and elected his relative. Cynewulf in his
stend Among the descendants OF Egbert two
The Mercans rejected EdwiR. severed their
kingdom from his. and then elected Edgar as
their king. Then. again. Ethelred II. was de-
posed in favor Of his conQueror and afteward
re- :lected by tho witan.
Now. let US SOC to what extent the principle
Of elective monarchy survived the battle Of
Senac. There is no doubt that William the
Norman was elected King BY witan which
at all events the south OF Eng
and Up to that time he had never
claimed to be King but only claimed
he best right to be elected King. as
heir OF Edward the Confessor 1t does
not appear that William Rufus was formally
elected by the witan (which had now been {
Transformed into an occasionally convoked
council OF noblss. but he certainly did not {
ule by right OF inheritance. which belonged
0 his elder brother. Robert and 1t was only
With the help Of a national uprising. which i'm I
'ied a national sanction. that he crushed tho 6
evolt OF the Anglo-NormaR barons, who up {
eld the hereditary principle 1t Is certain G
hat Henry /. Whose older brother, Robert
7as still alive) was. on the death OF Rufus. {
hosen King by the witan. 1t was practically c
q Acknowledgement OF his election that t
Ienry |. granted the charter restoring to the 8
eople at large the laws Of King Edward. Z
tephen was another example of elective O
overeignty. and 1t was tho witan. now con- q
sting OF the barons. who put an end to the civil Il
rar by arranging that Stephen should occupy f
10 throne for lfe and that his competitor n
enry ii. should succeed him. There seems s
} have been no interposition OF the witan p
the accession OF Richard l.. who only g.
ade two short visits to England, k
ut John owed his title to election. the o
sir according to the doctrine OF iu- 8
'ritance being Arthur, the son OF his
der brother Godfrey. Archbishop Hubert,
cording to Matthew Paris. before he con-
Grated John. reminded him that no man =, II
I'd BY virtue Of his birth n right to the king Il
in OF England. and that the only limit upon
o elective right vested In the nation was the q
,ht OF the royal house to have the choice 81
ade OF some of its own members, provided a.
10 could be found eminently fit for IT
o kingly office. The TACT that the d
tan was not called upon TO sanction the &c
aim OF Johns son. Henry Ill. or that OF the IN
tiers heir. Edward l.. to the succession. u
ows how the doctrine OF hereditary right W
Is gaining ground. though 1t was not " "
It'll two centuries later that 1t ripened into VI
9 maxim that the King never dies Edward n
was formally deposed by the Parliament III
to which the witan had by this time been on on
veoped): 80 was Richard H.. and the three Il
nGS OF the house OF Lancaster hau only a III
Elementary title TO the throne. 1t is well III
own that since 1858 no sovereign has ruled 10
England by any other than parliamentary "
TO- but We owe to Prof. Freeman the demon DC
ration that tho elective principle adopted In VI