England is rightfully seen as the birthplace of parliamentarinism, which reaches back
to the Magna Carta. Even the Anglo Saxon period knew an early form of parliament,
the “witenagemont”1. This was the council of the elders and it did not end with the
invasion by William the Conqueror – instead a council2 of the crown vassals was
introduced, but with roots in the “witenagemont”. William the Conqueror was
crowned King of England in 1066 and his reign marks the end of several invasions,
which had begun since 450 AD. After the Roman withdrawal from the British Isles
the resulting power vacuum encouraged invaders from the continent. The Romano-
British neither had the weapons nor the army to make use of the Roman military
structures and fell back on their traditional hill forts but were ultimately unable to stop
the German advances. The Anglo-Saxons and Danes founded several kingdoms in
England. They were predominantly peasants and forest dwellers and fortified their
villages and towns with earthen banks and timber palisades and constructed massive
earthworks along the borders of their Kingdoms.
To return to the Normans, the Norman castle was not just a new form of
military architecture; it was the product of a complex military society that had been
created in Europe during the 9th and 10th centuries AD. The feudal system was an
acknowledgement of the difficulty of running and defending a large country without a
well-developed administrative system, without efficient communication, and without
a standing army. In theory at least, all land belonged3 to the King and was held as a
fee or payment from him in return for various political, administrative and military
services. [...]
1 danaelayne.com/anglosaxons.ppt (21.02.2003)
2 This was the Magnum Concilium.
3 Kurt Kluxen, Geschichte Englands (Stuttgart: Kroener Verlag, 1991), 40.
Table of Contents
1. HIH. 3126: Magna Carta
2. Magna Carta – the later constitutional significance
Objectives and Topics
This academic paper examines the constitutional evolution of England, tracing the development of parliamentary influence from the signing of the Magna Carta in 1215 through to the modern parliamentary system. It analyzes the shifting power dynamics between the monarchy and the aristocracy, the impact of significant historical conflicts, and the eventual establishment of a constitutional monarchy.
- Historical roots and the significance of the Magna Carta.
- The transition from feudal structures to a representative parliamentary body.
- The role of civil conflicts and religious tensions in shaping legislative power.
- The rise of the Prime Minister and the evolution of the electoral system.
Excerpt from the Book
Magna Carta – the later constitutional significance
At Runnymede, on 15 June 1215, King John of England sealed the Magna Carta in which he conceded a number of legal rights to his barons and to the people. He acknowledged the now firmly embedded concept that no man - not even the king - is above the law. That was a milestone in constitutional thought for the 13th century and for centuries to come. In order to finance his foreign wars, King John had taxed abusively. The cost of hiring a mercenary had risen from 8 pennies per day in his father's times to twenty-four pence. His barons threatened the King with a rebellion and coerced him into granting rudimentary judicial guarantees such as the freedom of the church, fair taxation, controls over imprisonment and the right of all merchants to come and go freely, except in time of war. The Magna Carta had 61 clauses, the most important of which may have been number 39: " No free man shall be arrested or imprisoned or dieseised or outlawed or exiled or in any way victimised, neither will we attack him or send anyone to attack him, except by the lawful judgment of his peers or by the law of the land". It was the first time that a King had accepted that even he himself could be compelled to observe a law or that the barons were allowed to "distain and distress him in every possible way" - just short of a legal right to rebellion.
Summary of Chapters
HIH. 3126: Magna Carta: This opening section provides a general introduction to the historical context of medieval England and the early roots of parliamentary influence.
Magna Carta – the later constitutional significance: This main chapter traces the historical development of English constitutionalism, documenting how the Magna Carta initiated a long-term transition from absolute monarchy to a modern representative parliament.
Keywords
Magna Carta, Parliament, Monarchy, Constitutional History, Feudalism, Rule of Law, England, Tudor Dynasty, Civil War, Democracy, Sovereignty, Reform Acts.
Frequently Asked Questions
What is the fundamental focus of this paper?
The paper explores the constitutional development of England, focusing specifically on how the power of the monarchy was gradually restricted by the rise and institutionalization of Parliament.
What are the primary thematic fields covered?
Key themes include the shift from feudalism, the legal significance of the Magna Carta, the impact of civil wars on political structures, and the evolution of the electoral system.
What is the ultimate research objective?
The objective is to analyze the long-term historical trajectory that transformed the English government from a feudal system into a modern parliamentary monarchy.
Which scientific methodology is utilized?
The work employs a historical-analytical method, utilizing primary constitutional documents and secondary historical academic sources to trace the political evolution of the British state.
What topics are discussed in the main body of the text?
The body addresses the Magna Carta, the Tudor era, the English Civil War, the Glorious Revolution, and the subsequent parliamentary reform acts of the 19th and early 20th centuries.
Which keywords characterize this study?
The most relevant keywords include Magna Carta, Parliament, Constitutional History, Sovereignty, and the Rule of Law.
How did the Magna Carta influence the American colonies?
The paper notes that the document served as a crucial historical precedent for the American Founding Fathers in 1776 when they sought to justify their independence from King George III.
Why was the "Self Denying Ordinance" of 1645 significant?
It was significant because it disqualified Members of Parliament from holding military commands, which inadvertently allowed army officers, such as Oliver Cromwell, to emerge as an independent and powerful political force.
- Quote paper
- Michael Gärtner (Author), 2003, Magna Carta - the later constitutional significance, Munich, GRIN Verlag, https://www.grin.com/document/13981
