Even when laws were made at the time of a parliament, they were made in
the name of the king alone. Sometimes it was inserted in the laws, that
they were made with the _consent_ or _advice_ of the bishops, barons,
and others assembled; but often this was omitted. Their consent or
advice was evidently a matter of no legal importance to the enactment or
validity of the laws, but only inserted, when inserted at all, with a
view of obtaining a more willing submission to them on the part of the
people. The style of enactment generally was, either "_The King wills
and commands_," or some other form significant of the sole legislative
authority of the king. The king could pass laws at any time when it
pleased him. The presence of a parliament was wholly unnecessary. Hume
says, "It is asserted by Sir Harry Spelman, as an undoubted fact, that,
during the reigns of the Norman princes, every order of the king, issued
with the consent of his privy council, had the full force of law."[11]
And other authorities abundantly corroborate this assertion.[12]
The king was, therefore, constitutionally the government; and the only
legal limitation upon his power seems to have been simply the _Common
Law_, usually called "_the law of the land_," which he was bound by oath
to maintain; (which oath had about the same practical value as similar
oaths have always had.) This "law of the land" seems not to have been
regarded at all by many of the kings, except so far as they found it
convenient to do so, or were constrained to observe it by the fear of
arousing resistance. But as all people are slow in making resistance,
oppression and usurpation often reached a great height; and, in the case
of John, they had become so intolerable as to enlist the nation almost
universally against him; and he was reduced to the necessity of
complying with any terms the barons saw fit to dictate to him.
It was under these circumstances, that the Great Charter of English
Liberties was granted. The barons of England, sustained by the common
people, having their king in their power, compelled him, as the price of
his throne, to pledge himself that he would punish no freeman for a
violation of any of his laws, unless with the consent of the peers--that
is, the equals--of the accused.
Public-domain text, read in full here on John Shaqi.
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