whether in respect to property, power, or social rank, is not a natural, inherent, and indefeasible right, but a privilege which society accords, as a matter of convenience and expediency. In England, expediency is, on the whole, considered to require that all three of these things, viz., property, rank, and power, in certain cases, should descend from father to son. In this country, on the other hand, we confine the hereditament to property, abrogating it in the case of rank and power. In neither case is there probably any absolute natural right, but a conventional right is allowed to take its place in one, or another, or all of these particulars, according to the opinion of the community in respect to what its true interests and the general welfare, on the whole, require.
The Stuarts.
The kings themselves of this Stuart race – which race includes Mary Queen of Scots, the mother of the line, and James I., Charles I., Charles II., and James II. – entertained very high ideas of these hereditary rights of theirs to govern the realm of England. They felt a determination to maintain these rights and powers at all hazards. Charles ascended the throne with these feelings, and the chief point of interest in the history of his reign is the contest in which he engaged with the English people in his attempts to maintain them.
Parliament.
The Legislature in the United States.
The body with which the king came most immediately into conflict in this long struggle for ascendency, was the Parliament. And here American readers are very liable to fall into a mistake by considering the houses of Parliament as analogous to the houses of legislation in the various governments of this country. In our governments the chief magistrate has only to execute definite and written laws and ordinances, passed by the Legislature, and which the Legislature may pass with or without his consent; and when enacted, he must be governed by them. Thus the president or the governor is, in a certain sense, the agent and officer of the legislative power of the state, to carry into effect its decisions, and this legislative power has really the control.
The nature of Parliament.
By the ancient Constitution of England, however, the Parliament was merely a body of counselors, as it were, summoned by the king to give him their advice, to frame for him such laws as he wished to have framed, and to aid him in raising funds by taxing the people. The king might call this council or not, as he pleased. There was no necessity for calling it unless he needed more funds than he could raise by his own resources. When called, they felt that they had come, in a great measure, to aid the king in doing his will. When they framed a law, they sent it to him, and if he was satisfied with it, he made it law. It was the king who really enacted it. If he did not approve the law, he wrote upon the parchment which contained it, "The king will think of it," and that was the end. The king would call upon them to assess a tax and collect the money, and would talk to them about his plans, and his government, and the aid which he desired from them to enable him to accomplish what he had himself undertaken. In fact, the king was the government, and the houses of Parliament his instruments to aid him in giving effect to his decrees.
The nobles.
The House of Commons.
Its humble position.
The nobles, that is, the heads of the great families, and also the bishops, who were the heads of the various dioceses of the Church formed one branch of this great council. This was called the House of Lords. Certain representatives of the counties and of the towns formed another branch, called the House of Commons. These delegates came to the council, not from any right which the counties and towns were supposed to possess to a share in the government, but simply because they were summoned by the king to come and give him their aid. They were to serve without pay, as a matter of duty which they owed to the sovereign. Those that came from counties were called knights, and those from the towns burgesses. These last were held in very little estimation. The towns, in those days, were considered as mere collections of shopkeepers and tradesmen, who were looked down upon with much disdain by the haughty nobles. When the king called his Parliament together, and went in to address them, he entered the chamber of the House of Peers, and the commons were called in, to stand where they could, with their heads uncovered, to hear what he had to say. They were, in a thousand other ways, treated as an inferior class; but still their counsels might, in some cases, be of service, and so they were summoned to attend, though they were to meet always, and deliberate, in a separate chamber.
The king's power over Parliament.
As the king could call the Parliament together at any time and place he pleased, so he could suspend or terminate their sittings at any time. He could intermit the action of a Parliament for a time, sending the members to their homes until he should summon them again. This was called a prorogation. Or he could dissolve the body entirely at any time, and then require new elections for a new Parliament whenever he wished to avail himself of the wisdom or aid of such a body again.
His responsibility.
Thus every thing went on the supposition that the real responsibility for the government was with the king. He was the monarch, and the real sovereignty vested in him. He called his nobles, and a delegation from the mass of the people, together, whenever he wanted their help, and not otherwise. He was responsible, not to them nor to the people at large, but to God only, for the acts of his administration. The duty of Parliament was limited to that of aiding him in carrying out his plans of government, and the people had nothing to do but to be obedient, submissive, and loyal. These were, at any rate, the ideas of the kings, and all the forms of the English Constitution and the ancient phraseology in which the transactions are expressed, correspond with them.
An illustration.
We can not give a better proof and illustration of what has been said than by transcribing the substance of one of King James's messages to his Parliament, delivered about the close of his life, and, of course, at the period of which we are writing. It was as follows:
James's message to Parliament.
Its high tone.
"My Lords spiritual and temporal, and you the Commons: In my last Parliament I made long discourses, especially to them of the Lower House. I did open the true thought of my heart. But I may say with our Savior, 'I have piped to you and ye have not danced; I have mourned to you and you have not lamented;' so all my sayings turned to me again without any success. And now, to tell the reasons of your calling and of this meeting, apply it to yourselves, and spend not the time in long speeches. Consider that the Parliament is a thing composed of a head and a body; the monarch and the two estates. It was, first, a monarchy; then, after, a Parliament. There are no Parliaments but in monarchical governments; for in Venice, the Netherlands, and other free governments there are none. The head is to call the body together; and for the clergy the bishops are chief, for shires their knights, for towns and cities their burgesses and citizens. These are to treat of difficult matters, and counsel their king with their best advice to make laws1 for the commonweal and the Lower House is also to petition the king and acquaint him with their grievances, and not to meddle with the king's prerogative. They are to offer supply for his necessity, and he to distribute, in recompense thereof, justice and mercy. As in all Parliaments it is the king's office to make good laws, whose fundamental cause is the people's ill manners, so at this time.
"For a supply to my necessities, I have reigned eighteen years, in which I have had peace, and I have received far less supply than hath been given to any king since the Conquest. The last queen had, one year with another, above a hundred thousand pounds per annum in subsidies; and in all my time I have had but four subsidies and six fifteens2. It is ten years since I had a subsidy, in all which time I have been sparing to trouble you. I have turned myself as nearly to
Meaning advice to him how he shall make laws, as is evident from what is said below.
Species of taxes granted by Parliament.
