John Fortescue — the concept of absolute monarchy and the authority of power

Abstract

Sir John Fortescue is considered one of the classic figures of English constitutionalism. In popular opinion, his thought gave rise to a mixed monarchy and the development of the English concept of parliamentary rule. These opinions, however, overlook the important feudal context of Fortescueʼs reflection. In this article the author tries to show that his concept is closer to absolute monarchy than constitutional one. By referring to the Holy Scriptures, Thomas Aquinas, Giles of Rome, Ptolemy of Lucca, and the English legal tradition, he creates a concept in which the king is subject to the law and at the same time stands above it. His concept of dominium regale et politicum, combining respect for the rights of subjects with royal prerogative, is also a description of the English Constitutional practice of the Lancastrian period.