Ancient constitution of England

The ancient constitution of England was a 17th-century political theory about the common law, used at the time in particular to oppose the royal prerogative. It was developed initially by Sir Edward Coke, in his law reports; and has been analysed in modern times by J. G. A. Pocock in The Ancient Constitution and the Feudal Law (1st edition 1957; reissued "with a retrospect" 1987).[1]

Legal antiquarianism

The self-conscious antiquarian study of the law gathered momentum from the 15th century. It supported the theories of the ancient constitution.[2] In his Institutes of the Lawes of England Coke challenged the accepted view of the Norman Conquest by asserting it amounted to trial by battle, with William the Conqueror agreeing to maintain the Anglo-Saxon laws.[3]

Political role

In the reign of Charles I of England, reasoning based on the "ancient constitution" became available as a resistance theory for those who saw the monarch as high-handed. In its theoretical aspects, this type of reasoning is now seen as loaded with politics or ideology, rather than being the antiquarian study its proponents claimed for it. Coke's style of argument was inherently conservative, based as it was on defending a legal continuity claimed to be rooted in English governance from before 1066; but it is now argued that a radical variant was developed in the English Civil War period, by Nathaniel Bacon and William Prynne in particular.[4]

Notes

  1. ↑ Pocock 1987.
  2. ↑ James Henderson Burns; Mark Goldie (17 November 1994). The Cambridge History of Political Thought 1450-1700. Cambridge University Press. pp. 91–2. ISBN 978-0-521-47772-7.
  3. ↑ Martin Loughlin (25 April 2013). The British Constitution: A Very Short Introduction. Oxford University Press. pp. 24–5. ISBN 978-0-19-969769-4.
  4. ↑ Greenberg, Janelle. "Bacon, Nathaniel". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/1000. (Subscription or UK public library membership required.)

Further reading

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