FREE BOOKS

Author's List




PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>   >|  
a revival of the ancient militia system (the _fyrd_), he brought the control of the armed forces of the nation effectually under royal control. By the frequent summons of the Great Council and the systematic reference to it of business of moment he contributed to the importance of an institution through whose amplification a century later Parliament was destined to be brought into existence. [Footnote 9: Anson, Law and Custom of the Constitution, II., Pt. I., 13.] [Footnote 10: Stubbs, Select Charters, 21.] *10. The Great Charter, 1215.*--The period of Richard I. (1189-1199) was, in constitutional matters, a continuation of that of Henry II. Richard was absent from the kingdom throughout almost the whole of the reign, but under the guidance of officials trained by Henry the machinery of government operated substantially as before. Under John (1199-1216) came a breakdown, occasioned principally by the sovereign's persistence in evading certain limitations upon the royal authority which already had assumed the character of established rules of the constitution. One of these forbade that the king should impose fresh taxation except with the advice and consent of the Great Council. (p. 009) Another enjoined that a man should not be fined or otherwise despoiled of his property except in virtue of judicial sentence. These and other principles John habitually disregarded, with the consequence that in time he found himself without a party and driven to the alternative of deposition or acceptance of the guarantee of liberties which the barons, the Church, and the people were united in demanding of him. The upshot was the promulgation, June 15, 1215, of Magna Carta. No instrument in the annals of any nation exceeds in importance the Great Charter. The whole of English constitutional history, once remarked Bishop Stubbs, is but one long commentary upon it. The significance of the Charter arises not simply from the fact that it was wrested from an unwilling sovereign by concerted action of the various orders of society (action such as in France and other continental countries never, in mediaeval times, became possible), but principally from the remarkable summary which it embodies of the fundamental principles of English government in so far as those principles had ripened by the thirteenth century. The Charter contained little or nothing that was new. Its authors, th
PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>   >|  



Top keywords:

Charter

 

principles

 

Stubbs

 

Richard

 

action

 

sovereign

 

principally

 

English

 

Footnote

 

government


constitutional

 

control

 

brought

 

importance

 

nation

 

Council

 

century

 

virtue

 
people
 

Church


contained

 
liberties
 

barons

 

united

 

promulgation

 

upshot

 

property

 

demanding

 

thirteenth

 
guarantee

acceptance
 

sentence

 

consequence

 

disregarded

 
habitually
 
judicial
 
driven
 

alternative

 
deposition
 

authors


ripened

 

mediaeval

 

arises

 

simply

 

significance

 

commentary

 

orders

 

society

 

France

 

concerted