Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
[229] Clarendon, p. 452. Upon this passage in the remonstrance a
division took place, when it was carried by 103 to 61. _Parl. Hist._
1302. The words in the old form of coronation oath, as preserved in a
bill of parliament under Henry IV., concerning which this
grammatico-political contention arose, are the following: "Concedis
justas leges et consuetudines esse tenendas, et promittis per te eas
esse protegendas, et ad honorem Dei corroborandas, _quas vulgus
elegerit_, secundum vires tuas?" It was maintained by one side that
_elegerit_ should be construed in the future tense, while the other
contended for the præterperfect. But even if the former were right, as
to the point of Latin construction, though consuetudines seems
naturally to imply a past tense, I should by no means admit the
strange inference that the king was bound to sanction all laws
proposed to him. His own assent is involved in the expression, "quas
vulgus elegerit," which was introduced, on the hypothesis of the word
being in the future tense, as a security against his legislation
without consent of the people in parliament. The English coronation
oath, which Charles had taken, excludes the future: Sir, will you
grant to hold and keep the laws and rightful customs, _which the
commonalty of this your kingdom have_?
[230] See what is said as to this by P. Orleans, iii. 87, and by
Madame de Motteville, i. 268. Her intended journey to Spa, in July
1641, which was given up on the remonstrance of parliament, is highly
suspicious. The house, it appears, had received even then information
that the Crown jewels were to be carried away. Nalson, ii. 391.
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