Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
A parliament called by a conqueror might be presumed to be itself
conquered. Yet this assembly did not display so servile a temper, or so
much of the Lancastrian spirit, as might be expected. It was "ordained
and enacted by the assent of the Lords, and at the request of the
Commons, that the inheritance of the crowns of England and France, and
all dominions appertaining to them, should remain in Henry VII. and the
heirs of his body for ever, and in none other."[8] Words studiously
ambiguous, which, while they avoid the assertion of an hereditary right
that the public voice repelled, were meant to create a parliamentary
title, before which the pretensions of lineal descent were to give way.
They seem to make Henry the stock of a new dynasty. But, lest the
spectre of indefeasible right should stand once more in arms on the tomb
of the house of York, the two houses of parliament showed an earnest
desire for the king's marriage with the daughter of Edward IV., who, if
she should bear only the name of royalty, might transmit an undisputed
inheritance of its prerogatives to her posterity.
_Statute for the security of the subject under a king_ de facto.--This
marriage, and the king's great vigilance in guarding his crown, caused
his reign to pass with considerable reputation, though not without
disturbance. He had to learn by the extraordinary, though transient,
success of two impostors (if the second may with certainty be reckoned
such), that his subjects were still strongly infected with the prejudice
which had once overthrown the family he claimed to represent. Nor could
those who served him be exempt from apprehensions of a change of
dynasty, which might convert them into attainted rebels. The state of
the nobles and gentry had been intolerable during the alternate
proscriptions of Henry VI. and Edward IV. Such apprehensions led to a
very important statute in the eleventh year of this king's reign,
intended, as far as law could furnish a prospective security against the
violence and vengeance of factions, to place the civil duty of
allegiance on a just and reasonable foundation, and indirectly to cut
away the distinction between governments _de jure_ and _de facto_. It
enacts, after reciting that subjects by reason of their allegiance are
bound to serve their prince for the time being against every rebellion
and power raised against him, that "no person attending upon the king
and sovereign lord of this land for the time being, and doing him true
and faithful service, shall be convicted of high treason, by act of
parliament or other process of law, nor suffer any forfeiture or
punishment; but that every act made contrary to this statute should be
void and of no effect."[9] The endeavour to bind future parliaments was
of course nugatory; but the statute remains an unquestionable authority
for the constitutional maxim, that possession of the throne gives a
sufficient title to the subject's allegiance, and justifies his
Public-domain text, read in full here on John Shaqi.
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