The Dearest Birth Right of the People of England pdf epub mobi txt 电子书 下载 2026

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出版者:Hart Publishing (UK)

作者:Scotland) British Legal History Conference 1999 (Edinburgh

出品人:

页数:266

译者:

出版时间:2002-04

价格:USD 130.00

装帧:Hardcover

isbn号码:9781841133256

丛书系列:

图书标签:

• 资源
• 英国史
• 法律史
• 历史
• 世界史
• English history
• Political rights
• Civil liberties
• Constitutionalism
• 17th century
• England
• Political philosophy
• Law and society
• Social history
• Rights of Englishmen

A Chronicle of English Liberties: Tracing the Arc of Constitutional Thought This volume undertakes a comprehensive historical and philosophical examination of the evolution of fundamental rights and the structure of governance in England, from the early medieval period through to the dawn of the modern era. It meticulously charts the long, often turbulent, trajectory toward constitutional monarchy and the establishment of a legal framework intended to secure the freedoms of the populace. The narrative avoids focusing on any single legislative text or specific political slogan, instead delving into the underlying currents of legal precedent, socio-economic pressures, and intellectual challenges that shaped the English character of liberty. Part I: Foundations in Feudalism and Early Charters The initial sections lay the groundwork by analyzing the residual influences of Anglo-Saxon customs and the transformative impact of the Norman Conquest. We explore how the imposition of a sophisticated feudal system necessitated the creation of administrative mechanisms—the burgeoning Exchequer, the itinerant royal courts—which inadvertently laid the infrastructure for future common law. A deep dive is made into the socio-economic realities underpinning the relations between the Crown, the nobility, and the emerging class of freeholders, examining how localized grievances began to coalesce into broader demands for recognized custom. The focus then shifts to the crucial, though often mythologized, role of early written instruments, not as final pronouncements of universal rights, but as pragmatic responses to acute political crises. We scrutinize the practical mechanics of their enforcement—or lack thereof—and the way these documents were subsequently reinterpreted by succeeding generations of jurists and parliamentarians. The analysis highlights the dynamic interplay between royal prerogative, which viewed itself as divinely sanctioned, and the entrenched privileges of the great magnates who sought to codify their inherited status against arbitrary interference. This section emphasizes the concept that early English "liberty" was often defined by what the King could not legally take away, rather than a positive assertion of inherent human entitlement. Part II: The Ascent of the Common Law and the Medieval Parliament This segment traces the development of the Common Law as a unifying force across the realm. It details the slow but inexorable process by which judicial decisions, recorded and disseminated, began to form a body of law distinct from royal decree or ecclesiastical regulation. The text dissects the evolving role of the Shire and Hundred courts, and how the development of writs provided the necessary tools for individuals to seek redress against overreaching royal officials. This legal machinery, initially designed for administrative efficiency, became the primary crucible for shaping notions of due process and localized jurisdiction. Concurrently, the emergence of the medieval Parliament is examined not as a unified body representing 'the people,' but as a council of estate holders summoned primarily for the purpose of taxation and counsel. We trace the gradual institutionalization of Parliament’s right to petition and the slow accretion of power derived from its control over national finance. Particular attention is paid to the internal politics of the baronage and gentry who utilized these assemblies to secure affirmations of their hereditary protections against fiscal or personal imposition by the monarch, viewing the periodic summoning of the representatives as an essential check on royal solvency and overreach. Part III: Reformation, Religious Strife, and the Challenge to Authority The sixteenth and seventeenth centuries represent a period of profound dislocation, examined here through the lens of shifting theological and political allegiances. The break with Rome fundamentally altered the relationship between the Crown, the Church, and the individual conscience. The volume explores how religious dissent—whether among fervent Protestants seeking greater purity in worship or traditionalists clinging to the old order—fueled arguments concerning the ultimate source of authority. This intellectual ferment provided fertile ground for new theories of governance. The text analyzes the resurgence of classical republican ideals filtered through Renaissance humanism, juxtaposed against the continuing defense of ancient English liberties rooted in established custom. The constant friction between monarchical claims of divine right and the burgeoning conviction among certain segments of society that power derived its legitimacy from mutual consent—even if narrowly defined at the time—is mapped through contemporary pamphlets, sermons, and legal discourse. We detail the manner in which jurisdictional disputes between the common law courts, prerogative courts, and ecclesiastical bodies became proxy battles over the true boundaries of governmental power. Part IV: The Age of Experimentation and Codification of Grievances The latter part of the narrative addresses the dramatic constitutional confrontations of the mid-seventeenth century. Rather than focusing solely on the military conflict, the analysis concentrates on the ideological justifications proffered by both Royalists and Parliamentarians for their respective positions on sovereignty. It examines the intellectual legacy of those who articulated a vision of England where the law stood supreme over the person of the King. Crucially, the volume investigates the documents produced during this tumultuous period—not as declarations of inherent human rights in the abstract sense, but as highly specific, historically grounded remedies against concrete abuses that had accumulated over decades of personalized rule. The text probes the debates surrounding the definition of ‘the freeborn Englishman’ and the limits placed upon executive action concerning imprisonment, taxation, and the maintenance of a standing military force in peacetime. The concluding chapters discuss the final political resolution that solidified the supremacy of statutory law, examining the mechanisms put in place to ensure that the legislative and judicial functions were adequately separated and secured against future absorption by the executive. The emphasis throughout remains on the practical, evolving nature of English constitutionalism, built brick by brick through historical necessity and continuous political negotiation.

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