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
usurper; he occupied the Crown in the teeth of an Act of Parliament
still in force, though he presently procured a fresh Act to salve
over his usurpation(45). There can be no doubt that, on the death of
Elizabeth, the lawful right to the Crown lay in the house of Suffolk,
the descendants of Henry’s younger sister Mary. But the circumstances
of the time were unfavourable to their claims; by a tacit agreement,
politically convenient, but quite in the teeth of the existing Law, the
Crown silently passed to the King of Scots, the descendant of Henry’s
elder sister Margaret. She had not been named in Henry’s entail; her
descendants therefore, lineal heirs of William and Cerdic as they were,
had no legal claim to the Crown beyond what was given them by the Act
of Parliament which was passed after James was already in possession.
They were therefore driven, like the Yorkists at an earlier time, to
patch up the theory of the divine right of hereditary succession, in
order to justify an occupation of the throne which had nothing to
justify it in English Law(46).
On one memorable day a Stewart King was reminded that an English King
received his right to reign from the will of the English people.
Whatever else we may say of the nature or the acts of the tribunal
before which Charles the First was arraigned, it did but assert the
ancient Law of England when it told how “Charles Stewart was admitted
King of England, and therein trusted with a limited power, to govern
by and according to the laws of the land and not otherwise.” It did
but assert a principle which had been acted on on fitting occasions
for nine hundred years, when it told its prisoner that “all his
predecessors and he were responsible to the Commons of England.”
Forgetful of the fate of Sigeberht and Æthelred, of Edward and of
Richard, Charles ventured to ask for precedents, and told his judges
that “the Kingdom of England was hereditary and not successive”(47).
After a season, the intruding dynasty passed away, on that great day
when the English people exercised for the last time its ancient right
of deposing and electing Kings. The Convention of which we have so
often spoken, that great Assembly, irregular in the eyes of lawyers,
but in truth all the more lawful because no King’s writ had summoned
it, cast all fantasies and subtleties to the winds by declaring that
the throne was vacant. A true Assembly of the nation once more put
forth its greatest power, and chose William of Orange, as, six hundred
years before, another Assembly of the nation had chosen Harold the
son of Godwine. The cycle had come round, and the English people had
won back again the rights which their fathers had brought with them
from their old home beyond the sea. Nor was it without fitness that
their choice went back to those kindred lands, and that a new William
crossed the sea to undo, after so many ages, the wrongs which England
had suffered from his namesake. And now, under the rule of an elective
Public-domain text, read in full here on John Shaqi.
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