Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Edward Plantagenet, alike when acting as the chief adviser of his aged
father and after he had succeeded him on the throne, not only accepted
the main provisions of the Great Charter,[283] but adopted also, along
with them, a new scheme of government which formed their necessary
counterpart. To Edward is due the first dim conception of “parliamentary
government,” to this extent at least, that the king, as head of the
executive government, should take a national council into partnership
with him in the work of national administration. His political ideals
were the natural result of the experience obtained during the later
years of his father’s reign; and he endeavoured to embody in his scheme
of government the best parts of the various experiments in which that
reign abounded. His policy, although founded on that of his uncle Simon
de Montfort, was profoundly modified by his own individual genius. The
very fact of the adoption of Earl Simon’s ideals by the heir to the
throne entirely altered their chances of success. All such schemes had
been foredoomed to failure so long as they merely emanated from an
opposition leader however powerful; but their triumph was speedily
assured now that they were accepted as a programme of reform by the
monarch himself. Henceforth the new political ideals, summed up in the
conception of a national Parliament, were to be fostered by the Crown’s
active support, not merely thrust upon the monarchy from without.
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Footnote 283:
The best proof of this will be found in a comparison of Magna Carta
with the Statute of Marlborough, and the chief statutes of Edward’s
reign, notably that of Westminster I.
-----
Under the protection of Edward I.—the last of the four great
master-builders of the constitution—the _Commune Concilium_ of the
Angevin kings (itself a more developed form of the Curia Regis of the
Conqueror and his sons) grew into the English Parliament. This implied
no sudden dramatic change, but a long slow process of adjustment, under
the guiding hand of Edward.
Public-domain text, read in full here on John Shaqi.
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