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
the ecclesiastical ceremony began. But the ecclesiastical election
survived the civil one. The state of things which lawyers dream of
from the beginning is a law of strict hereditary succession, broken
in upon by occasional interruptions. These interruptions, which, in
the eye of history, are simply exercises of an ancient right, are, in
the eyes of lawyers, only revolutions or usurpations. But this state
of things, a state in which a fixed rule was sometimes broken, which
Blackstone dreams of in the tenth and eleventh centuries, really did
exist from the thirteenth century onwards. From the accession of
Edward the First, the first King who reigned before his coronation,
hereditary succession became the rule in practice. The son, or even the
grandson, of the late King(36) was commonly acknowledged as a matter
of course, without anything which could fairly be called an election.
But the right of Parliament to settle the succession was constantly
exercised, and ever and anon we come across signs which show that
the ancient notion of an election of a still more popular kind had
not wholly passed away out of men’s minds. Two Kings were formally
deposed, and on the deposition of the second the Crown passed, as
it might have done in ancient times, to a branch of the royal house
which was not the next in lineal succession. Three Kings of the House
of Lancaster reigned by a good parliamentary title, and the doctrine
of indefeasible hereditary right, the doctrine that there was some
virtue in a particular line of succession which the power of Parliament
itself could not set aside, was first brought forward as the formal
justification of the claims of the House of York(37). Those claims
in truth could not be formally justified on any showing but that of
the most slavish doctrine of divine right, but it was not on any such
doctrine as that that the cause of the House of York really rested.
The elaborate list of grandmothers and great-grandmothers which was
brought forward to show that Henry the Fifth was an usurper would never
have been heard of if the government of Henry the Sixth had not become
utterly unpopular, while Richard Duke of York was the best beloved man
of his time. Richard accepted a parliamentary compromise, which of
course implied the right of Parliament to decide the question. Henry
was to keep the Crown for life, and Richard was to displace Henry’s
son as heir-apparent. That is to say, according to a custom common in
Germany, though rare in England, Richard was chosen to fill a vacancy
in the throne which had not yet taken place(38). Duke Richard fell at
Wakefield; in the Yorkist reading of the Law the Crown was presently
forfeited by Henry, and Edward, the heir of York, had his claim
acknowledged by a show of popular election which carries us back to
far earlier times. The claim of Richard the Third, whatever we make
of it on other grounds, was acknowledged in the like sort by what had
at least the semblance of a popular Assembly(39).
Public-domain text, read in full here on John Shaqi.
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