By Alan Cromartie
An leading edge account of English constitutional principles from the mid-fifteenth century to the time of Charles I, exhibiting how the emergence of grand claims for universal legislations, the country's unusual unwritten felony procedure, formed England's cultural improvement. although he doesn't forget the position of narrowly non secular disagreements, Cromartie brings out the way in which that 'religious' and 'secular' values got here to be heavily intertwined: to the vast majority of Charles's topics, the rights of the clergy and the king have been criminal rights; the institutional constitution of Church and country was once an expression of monarchical strength, obedience to the king and to the legislation used to be a non secular accountability. a formal figuring out of this cluster of rules unearths why Charles stumbled on England so tough to manage and why either events within the civil struggle believed that they have been struggling with for demonstrated associations.
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Additional resources for The Constitutionalist Revolution: An Essay on the History of England, 1450-1642 (Ideas in Context)
Example text
83 The safeguard that the people instituted was not so much consent per se as the provision of ‘political forethought’. During the early modern period, this passage was extensively misused; it is probably not fanciful to see its influence behind Locke’s claim that government’s sole purpose was to protect ‘lives, liberties and estates’. But nothing could be more remote from the tenor of Fortescue’s thinking. The idea that certain governments were founded by consent was advanced to explain an exceptional situation: the existence of some monarchs who had an obligation to take counsel.
All that an ‘absolutist’ really needed was something that Fortescue’s theory provided: the right to make exceptions to the usual legal rules, whenever, in the king’s sincere opinion, the good of the whole realm demanded them. As it happens, the practical weakness of safeguards of Fortescue’s type was to receive a perfect illustration soon after he composed the Governance. In 1474–5, his newly acquired master, Edward IV, managed to tax without consent through a ‘benevolence’, a nominally voluntary levy.
Putnam, Early treatises on the practices of justices of the peace in the fifteenth and sixteenth centuries, Oxford studies in social and legal history 7 (Oxford, 1924), 55. 36 The Constitutionalist Revolution their esoteric erudition survived, recovered, and acquired a new centrality, a status as the science of the English common weal. i The story begins in the reign of King Henry VII, a foreign-educated prince with an extremely tenuous hereditary claim. In spite of some imaginative visual propaganda, Henry appears to have been unsuccessful in fostering dynastic loyalty.