By Alan Cromartie
An leading edge account of English constitutional principles from the mid-fifteenth century to the time of Charles I, displaying how the emergence of grand claims for universal legislation, the country's unusual unwritten criminal process, formed England's cultural improvement. although he doesn't forget the function of narrowly spiritual disagreements, Cromartie brings out the best way that 'religious' and 'secular' values got here to be heavily intertwined: to the vast majority of Charles's matters, the rights of the clergy and the king have been felony rights; the institutional constitution of Church and kingdom was once an expression of monarchical strength, obedience to the king and to the legislation was once a non secular accountability. a formal realizing of this cluster of rules finds why Charles stumbled on England so tough to regulate and why either events within the civil warfare believed that they have been scuffling with for confirmed associations.
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Extra resources for The Constitutionalist Revolution: An Essay on the History of England, 1450-1642 (Ideas in Context)
Example text
An exiled propagandist had every incentive to argue for moderate government, but the first third of The Governance, addressed to his victorious enemies, was devoted to exactly the same point. There can be little doubt, then, that Fortescue was genuinely committed to the ideal of regal and politic lordship. But the precise sense of the phrase is difficult to grasp, partly because its classic definitions, which dwell on the need for consent to laws and taxes, are subtly but significantly misleading.
The seconde kynge mey not rule his peple bi other lawes than such as thai assenten unto. 77 At first sight this looks like an unambiguous statement of the supreme importance of popular assent, but further research casts doubt upon this theory. Fortescue went on to explain that ‘this diversite is wel taught by Seynt Thomas . . 1300) whose main concern was with the kingly virtues. Here we find a most significant lacuna; both Giles and Thomas maintained that political rule is rule in accordance with laws laid down by others, but Roger, who was said to make the essence of the point ‘more openly’, appears to have no teaching on the subject.
Iv, 84. The Armbrugh Papers, ed. C. Carpenter (Woodbridge, 1998), 115. ), Law-making and law-makers in British history (1980), 87. 46 There were, however, certain operations requiring cancellarial intervention. The one that bulked the largest in every gentleman’s imagination was surely his role in enforcing enfeoffments to uses. One failing of the common law, in a country with an active land market, was its absolute prohibition on leaving real property by will. Most landowners evaded this by enfeoffing some part of their property to uses, in other words by granting it to a body of trustees, a group who then became its legal owners, but who held it ‘to the use of’ the true proprietor.