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LECTURE 4 The English Parliament in the earliest times of the Anglo-Norman Monarchy. ~ Different names given to the King's Great Council. ~ Its characteristics. ......._, Its constitution. ......._, Opinions ofWhigs and Tories on this subject. You have already seen what was the influence ofthe Norman Conquest on the political destinies ofEngland; and what was the position in which the two peoples were placed by it. They did not unite, nor did they mutually destroy one another . They lived in a state ofnational and political conflict, the one people being invested with a large power of government, while the other was far from being destitute of the means of resistance. We have now to enquire what were those institutions upon which this struggle was founded. We shall not concern ourselves with all the institutions which then existed in society: we are now looking for the sources of representative government, and are therefore at present only interested in those in which the germs of a representative system existed . In order to determine with some precision the object of our study, it will be necessary to form some idea ofthe different functions ofthe power which is applied to the government ofsociety. In the foremost rank is presented the legislative power, which imposes rules and obligations on the entire mass of society and on the executive power itself. Next appears the executive power, which takes the daily oversight ofthe general business ofsociety-war, peace, raising of men and of taxes. Then the judicial power, which adjusts matters ofprivate interest according to laws previously established. Lastly, the administrative power, charged, under its own responsibility, with the duty of regulating matters which cannot be anticipated and provided for by any general laws. During three centuries these powers have tended to centralization in France; so much so, that ifwe would study the government of the country we must attend to them all, for they were all united and limited to the same individuals . Richelieu, Louis XIV, the Revolution, Napoleon, though in different positions, seem to have inherited the same projects and moved in the same di- LECTURE 4 rection. Such has not been the case in England. The administrative power there, for example, is to the present time divided and subdivided; it belongs either to those who are themselves interested in its movements, or to local magistrates , independent ofthe central power ofthe State, and forming no corporation among themselves. The judicial power itselfis divided. It was so to some extent, through another and stronger cause, in the earlier times ofEngland's social life, as in all societies which have made but small advancement. Different powers are then not only distributed but commingled. The legislative power is no more central than others: its functions are continually usurped by local powers . Judicial power is almost entirely local. Centralization commences with the executive power properly so called, and this for a long time remains the only one in which any centralizing tendency is found. The proof of this is furnished by the feudal system, when almost all powers-those connected with justice, militia , taxes, &c.-were local, although the feudal hierarchy had at its head the king, and the assembly ofthe most important possessors offiefs. In this distribution and confusion ofpowers at the period we are considering , the institutions which we have especially to study in order to find the origin of representative government, are those which were central, that is to say, the Parliament and the king. On the Continent, centralization has resulted from an absolute power which has broken up and absorbed all local powers. In England, on the other hand, local powers have subsisted after a thousand vicissitudes , while they have increasingly regulated and defined their own action. A central government has emanated from them by degrees-it has progressively formed and extended itself. We shall trace this formation step by step, and shall only study local institutions as they relate to this one fact; and we shall see that this circumstance has been the principal cause of the establishment of a free government in England. It is easily presumed that, in such a state ofsociety, no other central institution , properly so called, existed for a long time, except royalty. There are certain maxims, certain habits ofcentral political action, but no constant rule: the facts are varied and contradictory. Men of considerable influence, almost sovereigns in their own domains, are much less desirous ofany participation in the central power; they rather attempt to defend themselves from it...

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