"Body politic" derives from the mediæval political concept of the King's two bodies first noted by medieval historian Ernst Kantorowicz, as a point of theology as much as statehood, by the fifteenth-century judge Sir John Fortescue in The Difference between an Absolute and a Limited Monarchy, written from exile in about 1462. He explains that the character angelus of the king is his royal power, derived from angels and separate from the frail physical powers of his body. However, he uses the phrase body politic itself only in its modern sense, to describe the realm, or shared rule, of Brutus, mythical first king of England, and how he and his fellow exiles had covenanted to form a body politic. Unusually for the time Fortescue was writing in English and not Latin: "made a body pollitike callid a reawme". In 1550 the jurist Edmund Plowden merged Fortescue's concepts, at the same time removing them from abstraction into a real, physical manifestation in the body of the king. Plowden reports how lawyers codified this notion in an examination of a case of land-ownership turning on a disputed gift by an earlier monarch; they determined that the "Body politic…that cannot be seen or handled…[is] constituted for the direction of the People…[and] these two bodies are incorporated in one person…the Body politic includes the [king's] Body natural." In 1609 Attorney General Edward Coke pronounced his dissenting opinion, that mortal power was God-made while the immortality of royal power existed only as a man-made concept; Coke later succeeded in limiting the royal power of Charles I with his Petition of Right. When the monarchy, in the person of Charles II, was restored at the end of the Commonwealth the idea remained current and royalty continued to use the notion, as a buttress to its authority, until an assertion of the rights of Parliament brought about the Glorious Revolution of 1688.
The pre-revolutionary monarchy of France also sought legitimacy from the principle, extending it to include the idea that the king's heir assimilated the "body politic" of the old king, in a physical "transfer of corporeality", on accession.
The pre-revolutionary monarchy of France also sought legitimacy from the principle, extending it to include the idea that the king's heir assimilated the "body politic" of the old king, in a physical "transfer of corporeality", on accession.
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