The History of the Origins of Representative Government in Europe

Lecture 6

LECTURE 6 History ofEnglish Charters. ~ Charter of William the Conqueror (IOJI). ~ Charter ofHenry L (IIOI). ~ Charters ofStephen (IIJSIIJ6 }. ~ CharterofHenryiL (IIS4). LIBERTIES are nothing until they have become rights-positive rights formally recognized and consecrated. Rights, even when recognized, are nothing so long as they are not entrenched within guarantees. And lastly, guarantees are nothing so long as they are not maintained by forces independent of them, in the limit of their rights. Convert liberties into rights, surround rights by guarantees , entrust the keeping ofthese guarantees to forces capable ofmaintaining them-such are the successive steps in the progress towards a free government.1 This progress was exactly realized in England in the struggle, the history ofwhich we are about to trace. Liberties first converted themselves into rights; when rights were nearly recognized, guarantees were sought for them; and lastly, these guarantees were placed in the hands of regular powers. In this way a representative system ofgovernment was formed. We may date from the reign of King John as the period when the efforts of the English aristocracy to procure a recognition and establishment of their rights became conspicuous; they then demanded and extorted charters. During the reign ofEdward I., the charters were fully recognized and confirmed; they became real public rights. And it was at the same epoch that a Parliament began to be definitely formed, that is to say, the organization ofpolitical guarantees commenced, and with it the creation ofthe regular power to which they are entrusted. 1. This passage is important for understanding the relation between rights and liberties in Guizot's political thought. The key idea is that liberties must be duly protected by rights if they are to be effective; free government requires not only liberties and rights (as guarantees), but also forces capable of maintaining them in practice. Not surprisingly, Guizot was a great admirer of Magna Charta, "the most complete and important [charter] that had yet appeared" (HORG, pp. 266-67), by virtue ofwhich the rights of all three orders of the English nation were equally respected and promoted. LECTURE 6 I have shown how the two great public forces-royalty and the council of barons, were formed, cemented, and brought into juxtaposition. We must now follow these forces into the combats in which they engaged their energies in order to have their reciprocal rights recognized and regulated; and to do this we must trace the history ofEnglish charters. I shall then enquire how the guarantees were organized, that is to say, how the Parliament was formed. When William the Conqueror arrived in England, his position with respect to the Norman barons and knights had been already regulated on the Continent by the feudal law; their respective rights were fixed and recognized. After the Conquest, fear ofthe Anglo-Saxons kept the king and the Normans so far united, that neither of them cared much to extort concessions from the other. Very different, however, were the relations between William and his English subjects. He had to adjust these relations-here was a legislation to be created , and rights to be recognized or contested. The English made the most strenuous efforts to preserve their Saxon laws, and it appears to have been in the fourth year ofWilliam's reign (the year ro71) that they succeeded in gaining an assurance that these laws should be maintained. There is reason to believe that on this occasion he granted the charter intituled, "Charta regis de quibusdam statutis per totam Angliamjirmiter observandis."2 Some have asserted that this charter was not granted till nearly the end ofWilliam's reign, but I see no reason for assigning any other period to it than that which I have mentioned. This charter, the authenticity ofwhich* has been sometimes questioned, I think on insufficient grounds, is a kind of vague declaration containing the general principles offeudal political law. William, in it, recognizes rights which he often allowed himself to violate; for his power rendered the violation of his promises easy. The Norman barons did not form themselves into any body, unless perhaps against the English; they were all too much occupied in the work of establishing themselves in their new domains. If they sometimes roused themselves to oppose the tyranny of William, their revolts were only partial, and the king adroitly used the English in order to put them down. His son, William Rufus, by adopting the same policy, obtained similar success. But Henry I. had to pay for his usurpation; the charter which...