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" "It is far from easy to determine the mutual relations of the courts of the hundred and shire, and those of the manor and honour, or the co-ordinate departments of the bench, the pleas, and the exchequer, or the rival merits of the chancery, the house of lords, and the judicial committee of privy council. But that very complexity is a sign of growth; simplicity of detail signifies historically the extinction of earlier framework. That which springs up, as our whole system has done, on the principle of adapting present means to present ends, may be complex and inconvenient and empiric, but it is natural, spontaneous, and a crucial test of substantial freedom.
William Stubbs HonFRSE (21 June 1825 – 22 April 1901) was an English historian and Anglican bishop. He was Regius Professor of Modern History at the University of Oxford between 1866 and 1884. He was Bishop of Chester from 1884 to 1889 and Bishop of Oxford from 1889 to 1901.
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The study of Constitutional History is essentially a tracing of causes and consequences, the examination of a distinct growth from a well-defined germ to full maturity: a growth, the particular direction and shaping of which are due to a diversity of causes, but whose life and developing power lies deep in the very nature of the people. It is not then the collection of a multitude of facts and views, but the piecing of the links of a perfect chain.
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And a people, to be united, must possess a balanced constitution, in which no class possesses absolute and independent power, none is powerful enough to oppress without remedy. The necessary check on an aspiring priesthood and an aggressive baronage, the hope and support of a rising people, must be in a king too powerful to yield to any one class, not powerful enough to act in despite of all, and fully powerful only in the combined support of all. Up to the year 1295 Edward had these ends steadily in view; his laws were directed to the limitation of baronial pretensions, to the definition of ecclesiastical claims, to the remedy of popular wrongs and sufferings. The peculiar line of his reforms, the ever perceptible intention of placing each member of the body politic in direct and immediate relation with the royal power, in justice, in war, and in taxation, seems to reach its fulfilment in the creation of the parliament of 1295, containing clergy and people by symmetrical representation, and a baronage limited and defined on a distinct system of summons.