The king’s two bodies and the Crown a corporation sole: historical dualities in English legal thinking

Abstract

ABSTRACT As Kantorowicz acknowledged in his seminal work on the theological groundings of medieval political theory, the legal doctrine of the king’s two bodies was not a medieval legal doctrine but an Elizabethan one. It was developed by Plowden, an English jurist, in the second half of the sixteenth century. With Plowden’s theory of the king’s two bodies – one natural and the other politic – the medieval notion of the Crown as a corporation aggregate of many was progressively abandoned. The king’s body politic was instead confused with the concept of office of kingship, which could only vest in the king. Building on Plowden’s doctrine, Coke wrote of the king’s body politic in the early seventeenth century that it was a corporation sole. With time, the Crown conceived as a corporation sole and as a corporation aggregate understood as the government became an important feature of English legal thought. The Crown as a corporation aggregate – comprising the whole realm – is more apt to reflect the constitutional arrangement reached after the Glorious Revolution, characterised by the sovereignty of Parliament and, later, responsible government.