The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(37) In Yorkist official language the three Lancastrian Kings were
usurpers, and Duke Richard was _de jure_, though not _de facto_, King.
Henry the Sixth is, in the Act of 1461, “Henry Usurpour, late called
Kyng Henry the sixt.” The claim of the House of York was through an
intricate female descent from Lionel Duke of Clarence, a son of Edward
the Third older than John of Gaunt. A claim so purely technical had
never been set forth before; but we may be quite sure that it would not
have been thought to have much weight, if Duke Richard had not been, by
another branch, descended from Edward the Third in the male line, and
if he had not moreover been the ablest and most popular nobleman in the
country.
(38) A prospective election before the vacancy of course hindered
any interregnum. In this case the formula “Le Roi est mort; vive le
Roi,” was perfectly true. The new King was already chosen and crowned,
and he had nothing to do but to go on reigning singly instead of in
partnership with his father, just as William went on reigning alone
after the death of Mary. In Germany this took place whenever a King
of the Romans was chosen in the lifetime of the reigning Emperor. In
France, under the early Kings of the Parisian dynasty, the practice
was specially common, and the fact that there seldom or never was an
interregnum doubtless helped much to make the French Crown become, as
it did, the most strictly hereditary crown in Christendom. In England,
the only distinct case of a coronation of a son during the lifetime of
his father was that of Henry, the son of Henry the Second, known as the
younger King, and sometimes as Henry the Third. In earlier times we get
something like it in the settlement of the Crown by Æthelwulf, with the
consent of his Witan (see Old-English History, 105, 106), but it does
not seem clear whether there was in this case any actual coronation
during the father’s lifetime. If there was not, this would be the case
most like that of Duke Richard. The compromise placed the Duke in the
same position as if he had been Prince of Wales, or rather in a better
position, for it might be held to shut out the need of even a formal
election on the King’s death.
(39) See note 59 on Chapter II.
(40) See Norman Conquest, iii. 623.
(41) See Hallam’s Constitutional History, i. 8. It is to be noticed
that the settlement enacts that “the inheritance of the Crown, &c.,
should remain in Henry the Seventh and the heirs of his body for ever,
and in none other.” This would seem to bar a great number of contingent
claims in various descendants of earlier Kings. As it happens, this Act
has been literally carried out, for every later Sovereign of England
has been a descendant of the body of Henry the Seventh.
Public-domain text, read in full here on John Shaqi.
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