The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
There is another article of nearly as much consequence as the former,
considering the state of the nation at that time, by which it is
provided that the barons shall grant to their tenants the same liberties
which they had stipulated for themselves. This prevented the kingdom
from degenerating into the worst imaginable government, a feudal
aristocracy. The English barons were not in the condition of those
great princes who had made the French monarchy so low in the preceding
century, or like those who reduced the Imperial power to a name. They
had been brought to moderate bounds, by the policy of the first and
second Henrys, and were not in a condition to set up for petty
sovereigns by an usurpation equally detrimental to the crown and the
people. They were able to act only in confederacy; and this common cause
made it necessary to consult the common good, and to study popularity by
the equity of their proceedings. This was a very happy circumstance to
the growing liberty.
These concessions were so just and reasonable, that, if we except the
force, no prince could think himself wronged in making them. But to
secure the observance of these articles, regulations were made, which,
whilst they were regarded, scarcely left a shadow of regal power. And
the barons could think of no measures for securing their freedom, but
such as were inconsistent with monarchy. A council of twenty-five barons
was to be chosen by their own body, without any concurrence of the king,
in order to hear and determine upon all complaints concerning the breach
of the charter; and as these charters extended to almost every part of
government, a tribunal of his enemies was set up who might pass judgment
on all his actions. And that force might not be wanting to execute the
judgments of this new tribunal, the king agreed to issue his own writs
to all persons, to oblige them to take an oath of obedience to the
twenty-five barons, who were empowered to distress him by seizure of his
lands and castles, and by every possible method, until the grievance
complained of was redressed according to their pleasure: his own person
and his family were alone exempted from violence.
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