The development of the kingdom into the State was largely the work of
the lawyers. The law is a tenacious profession, and in England at any
rate its members have exercised a large influence on politics from the
twelfth to the twentieth century--from the days of Glanville, the
justiciar of Henry II, to the days of Mr. Asquith, the prime minister of
George V. It is perhaps in England that we may first see the germs of
the modern State emerging to light under the fostering care of the royal
judges. Henry II is something of a sovereign: his judges formulate a
series of commands, largely in the shape of writs, which became the
common law of the land; and in the Constitutions of Clarendon we may
already see the distinction between Church and State beginning to be
attempted. With a sovereign, a law, and a secular policy all present, we
may begin to suspect the presence of a State. In France also a similar
development, if somewhat later than the English, occurs at a
comparatively early date. By the end of the thirteenth century the
legists of Philippe le Bel have created something of _etatisme_ in their
master's dominions. The king's court begins to rule the land; and proud
of its young strength it enters the lists against Boniface VIII, the
great prophet of the Church Universal, who proclaimed that every human
creature was subject to the Roman pontiff. The collapse of Boniface at
Anagni in 1303 is the traditional date of the final defeat of the
mediaeval papacy. Everywhere, indeed, the tide seemed on the turn at the
close of the thirteenth century. The Crusades ended with the fall of
Acre in 1291. The suppression of the great international order of the
Templars twenty years later marked a new leap of the encroaching waves.
The new era of the modern national State might seem already to have
begun.
Public-domain text, read in full here on John Shaqi.
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