Читать книгу A Concise History of the Common Law - Theodore F. T. Plucknett - Страница 23

Then, too, the Crown through all these disasters survived the attempts of certain interests which would have reduced its power to ineffectual limits; on the other hand, the opposite tendency of the Crown to use the powerful machinery of government to institute a tyranny was likewise frustrated. And so, on a broad view, both the oppressions and the rebellions of the period appear as efforts to find and maintain the just mean between private liberty and public order, while through it all, steadily and constantly, proceeds the growth of better and more expert judicial institutions, and the development of more and more rules of law, and their organisation into a coherent legal system which already was beginning to separate from the purely administrative machinery of the realm. By the time we reach the second half of Henry III’s reign the judiciary is already distinct from the administration and can stand aside while the national leaders in arms assert the necessity of imposing restraint upon the speed and the direction of so dangerous an engine; while very soon, Parliament will appear with this as one of its main duties.