Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
HENRY, the second of that name, was the undoubted heir of William the
conqueror; but he had also another connexion in blood, which endeared
him still farther to the English. He was lineally descended from
Edmund Ironside, the last of the Saxon race of hereditary kings. For
Edward the outlaw, the son of Edmund Ironside, had (besides Edgar
Atheling, who died without issue) a daughter Margaret, who was married
to Malcolm king of Scotland; and in her the Saxon hereditary right
resided. By Malcolm she had several children, and among the rest
Matilda the wife of Henry I, who by him had the empress Maud, the
mother of Henry II. Upon which account the Saxon line is in our
histories frequently said to have been restored in his person: though
in reality that right subsisted in the _sons_ of Malcolm by queen
Margaret; king Henry's best title being as heir to the conqueror.
FROM Henry II the crown descended to his eldest son Richard I, who
dying childless, the right vested in his nephew Arthur, the son of
Geoffrey his next brother; but John, the youngest son of king Henry,
seised the throne; claiming, as appears from his charters, the crown
by hereditary right[g]: that is to say, he was next of kin to the
deceased king, being his surviving brother; whereas Arthur was removed
one degree farther, being his brother's son, though by right of
representation he stood in the place of his father Geoffrey. And
however flimzey this title, and those of William Rufus and Stephen of
Blois, may appear at this distance to us, after the law of descents
hath now been settled for so many centuries, they were sufficient to
puzzle the understandings of our brave, but unlettered, ancestors. Nor
indeed can we wonder at the number of partizans, who espoused the
pretensions of king John in particular; since even in the reign of his
father, king Henry II, it was a point undetermined[h], whether, even
in common inheritances, the child of an elder brother should succeed
to the land in right of representation, or the younger surviving
brother in right of proximity of blood. Nor is it to this day decided
in the collateral succession to the fiefs of the empire, whether the
order of the stocks, or the proximity of degree shall take place[i].
However, on the death of Arthur and his sister Eleanor without issue,
a clear and indisputable title vested in Henry III the son of John:
and from him to Richard the second, a succession of six generations,
the crown descended in the true hereditary line. Under one of which
race of princes[k], we find it declared in parliament, "that the law
of the crown of England is, and always hath been, that the children of
the king of England, whether born in England, or elsewhere, ought to
bear the inheritance after the death of their ancestors. Which law,
our sovereign lord the king, the prelates, earls, and barons, and
other great men, together with all the commons, in parliament
assembled, do approve and affirm for ever."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account