The Origins of Modern Constitutionalism by Francis D. Wormuth (review)

REVIEWS OF BOOKS 73 particular interest. Largely based on the researchof two of ProfessorNeale's graduatestudentsit providesa brilliant analysisof the membershipof the House of Commonsin terms of occupation,education,political experience,continuity, family connexions, and age. Thus in the Houseof 1584therewereapproximately 240 memberswho were primarily country gentlemen,seventy-fiveroyal officials and fourteen gentlemen-servants, eight ecclesiasticalofficials,six military and naval officers,two physicians,fifty-three lawyers,and fifty-three townsmen. Of these,219had attendedeither universityor the Inns of Court, or both. Fully half the country gentry heldcountyofficeand somethirty morewereyet to do so. Out of 183members of thisparliament,forty-four wereunderthirty, another111under fifty, while five were sixty-five or more. There was also much more continuity betweenparliamentsthan earlier in the century. "Over two thirds of the House normally sat more than once," while four Elizabethans actually sat in twelve or moreparliaments. The large numberof family connexions in every Elizabethan Houseclearlydemonstrates what a "closelyintegratedclass"wasformedby "the Englishgentry, or the moresubstantialand ancient familiesamongthem." The remainingchaptersdealingwith the openingand closingof Parliament and the business of the Houseof Commonsare asreadableasthey are instructive. One'soverall impression is that despitethe infrequencyof its meetingsand the shortness of its sessions, the Houseof Commons had alreadybecomea gooddeal moreindependent than hasbeenfully recognized to date. Oneisimpressed by the large number of bills introduced by private membersand the fact that in most sessions the Queenhad to veto a numberof billsthat had not beenstoppedby her representatives in either house. The bookis enhanced by threeillustrationsand a foldingmap showingthe residence ofmembers sittingforparliamentaryboroughs in 1584. Copious references throughoutindicate the author'swide range of sources,but somereaderswould have liked liked to find a fuller discussion of the source materials than is contained in the very brief note on the subject. J. B. CONACIIER The University of Toronto. TheOriginsof ModernConstitutionalism. By FRANCIS D. WORMUTH.New York: Harper and Brothers. 1949. Pp. xx, 243. ($3.00) Tins volumeis in somerespectsa sequelor a complementto Professor Wormuth's studyof the royalprerogativein theearlyseventeenth century,whichwaspublished a fewyearsago. His purposehereis to explainthe originsof a numberof theories and practices,most of them formulated and seriouslydiscussed for the first time during the courseof the Puritan Revolution, that have becomecommonfeatures of constitutionalgovernment duringthe pastthreecenturies. In an introductory sectionhe dealsbriefly with certainbasicideason the nature of law and on various forms of governmentinherited from the ancients, and with the usemade of these by somemedievalwriters. But the coreof the bookconsists of a detailedstudyof the manyschemes for remodelling the Governmentof Englandthat wereproposed or actuallyattemptedduringandafter the Civil War. The description of all these projectsas "Cromwellian Experiments"seemsa little curious,sincenot a single oneof them canin fact be attributed to Cromwell'sauthorship,and to someof them, notably the Agreementof the Peopleand the elaborateconstitutionalplan proposed by Harrington, he wasresolutelyopposed. 7zt THE CANADIAN HISTORICAL REVIEW Professor Wormuth'sdiscussion of thesevariedprojects is usuallyinteresting andoftenilluminating.His bestchapters arethosein whichhedealswith the protracted debates onsuchmattersasthe separation of powers, the meritsand demerits ofthebicameral legislature, thesystem ofchecks andbalances attempted in manyof these constitutions, andthevirtuesofrepublicanism astheidealform of mixedgovernment.In hisanalysis ofthevarious writtenconstitutions, particularlytheInstrument ofGovernment andtheHumblePetition andAdvice, heison morefamiliarground;andheadds littletowhathasalready been writtenonthese subjects. He shares the viewof a numberof modernscholars onthe importance ofHarrington's theories; andinoneofhislaterchapters heprovides some interestingevidence ofthepopularity ofthatauthor's workinthecentury afterhisdeath. . That thesetheories havehadgreatinfluence onthedevelopment of constitutional orrepresentative government since theseventeenth century willhardly be questioned. Whether theyhavebeen soimportant in thecountry oftheirorigin mayperhaps bequestioned. In thelightoflaterhistory, andnotleast inthelight of the Revolution settlementof 1689, ProfessorWormuth's assumptionthat England's "medieval constitution" came toanendin 1642 would seem torequire a gooddealof qualification. Asa discussion of theories that havehadsome importance inshaping thegovernment under which welive,thisisaninteresting and usefulbook. It would be a better bookif it containedsomeaccountof the historic development of Englishgovernment before1640andof the actualcircumstances whichled to the formulationof somany of thesetheories. D. J. McDouc,AL•. The University of Toronto. SirHumphrey Mildmay;Royalist Gentleman: Glimpses oftheEnglish Scene, 1633 to1652. By Pni•.IPLEARaLPh. NewBrunswick, N.J.: Rutgers University Press. 1947. Pp. xi, 245. ($4.50) ThE sub-title ofthisbookexplains itspurpose anditsachievement. It isa skilful piece ofhistorical reconstruction, based inthemainonanincomplete diaryleftbya wealthy butundistinguished country gentleman who,despite hisavowed sympathy fortheroyalist andAnglican cause, contrived tolivethrough theCivilWarwithout serious molestation. Asabiography it isnotverysatisfactory. Adequate material forsuch a studyclearly does notexist;andalthough Mr. Ralphhasmadethemost ofsuch materialashecould garner, theportraitofhissubject remains dim. The valueof the bookliesin the light, toooftena very fitful light,whichit throwson...