A Political and Social History of Modern Europe V.1.Hayes, Carlton J. H. (Carlton Joseph Huntley)
History
A Political and Social History of Modern Europe V.1.
Hayes, Carlton J. H. (Carlton Joseph Huntley)
Europe -- History; Europe -- Politics and government
It has been remarked already [Footnote: See above, pp. 4-7] that in one
important respect the past governmental evolution of England differed
from that of France. While both countries in the sixteenth century
followed absolutist tendencies, in France the medieval tradition of
constitutional limitations upon the power of the king was far weaker
than in England, with the result that in the seventeenth century the
French accepted and consecrated absolutism while the English gave new
force and life to their medieval tradition and practice of
constitutional government.
[Sidenote: Restrictions on Royal Power in England: Magna Carta]
The tradition of English restrictions upon royal power centered in the
old document of _Magna Carta_ and in an ancient institution called
Parliament. _Magna Carta_ dated back, almost four centuries before
King James, to the year 1215 when King John had been compelled by his
rebellious barons to sign a long list of promises; that list was the
"long charter" or _Magna Carta_, [Footnote: _Magna Carta_ was
many times reissued after 1215.] and it was important in three
respects. (1) It served as a constant reminder that "the people" of
England had once risen in arms to defend their "rights" against a
despotic king, although as a matter of fact _Magna Carta_ was more
concerned with the rights of the feudal nobles (the barons) and of the
clergy than with the rights of the common people. (2) Its most
important provisions, by which the king could not levy extraordinary
taxes on the nobles without the consent of the Great Council, furnished
something of a basis for the idea of self-taxation. (3) Clauses such as
"To no man will we sell, or deny, or delay, right or justice," although
never effectively enforced, established the idea that justice should
not be sold, denied, or delayed.
[Sidenote: Parliament]
Parliament was a more or less representative assembly of clergy,
nobility, and commoners, claiming to have powers of taxation and
legislation. The beginnings of Parliament are traced back centuries
before James I. There had been an advisory body of prelates and lords
even before the Norman conquest (1066). After the conquest a somewhat
similar assembly of the king's chief feudal vassals--lay and
ecclesiastical--had been called the Great Council, and its right to
resist unjust taxation had been recognized by _Magna Carta_.
Henceforth it had steadily acquired power. The "Provisions of Oxford"
(1258) had provided, in addition, for "twelve honest men" to represent
the "commonalty" and to "treat of the wants of the king; and the
commonalty shall hold as established that which these men shall do."
[Sidenote: House of Lords and House of Commons]
Public-domain text, read in full here on John Shaqi.
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