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
It is necessary to leave for a time the English monarchy at its zenith,
still enjoying in 1189 the powers and reputation gained for it by Henry
of Anjou, and to retrace our steps, in order to consider two subsidiary
problems, each of which requires separate treatment—the problem of local
government, and that of the relations between Church and State. The
failure of the Princes of the House of Wessex to devise adequate
machinery for keeping the Danish and Anglian provinces in subjection to
their will was one main source of the weakness of their monarchy. When
Duke William solved this problem he took an enormous stride towards
establishing his throne on a securer basis.
Every age has to face, in its own way, a group of difficulties
essentially the same, although assuming such different names as Home
Rule, Local Government, or Federation. Problems as to the proper nature
of the local authority, the extent of the powers with which it may be
safely entrusted, and its relation to the central government, require
constantly to be solved. The difficulties involved, always great, were
unspeakably greater in an age when practically no administrative
machinery existed, and when rapid communication and serviceable roads
were unknown. A lively sympathy is excited by a consideration of the
almost insuperable difficulties that beset the path of King Edgar or
King Ethelred, endeavouring to rule from Winchester the distant tribes
of alien races inhabiting Northumbria, Mercia, and East Anglia. If such
a king placed a weakling as ruler over any distant province, anarchy
would result and his own authority might be endangered along with that
of his inefficient representative. Yet, if he entrusted the rule of that
province to too strong a man, he might find his suzerainty shaken off by
a viceroy who had consolidated his position and then defied his king.
Here, then, are the two horns of a dilemma, both of which are
illustrated by the course of early English history. When Wessex had
established some measure of authority over rival states, and was fast
growing into England, the policy at first followed was simply to leave
each province under its old native line of rulers, who now admitted a
nominal dependence on the King who ruled at Winchester. The early
West-Saxon Princes vacillated between two opposite lines of policy.
Spasmodic attempts at centralization alternated with the reverse policy
of local autonomy. In the days when Dunstan united the spiritual duties
of the See of Canterbury to the temporal duties of chief adviser to King
Edgar, the problem of local government became urgent. Dunstan’s scheme
has sometimes been described as a federal or home-rule policy—as a frank
surrender of the attempt to control exclusively from one centre the
mixed populations of Northern and Midland England. His attempted
solution was to loosen rather than to tighten further the bond; to
entrust with wide powers and franchises the local viceroy or ealdorman
Public-domain text, read in full here on John Shaqi.
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