I have made my extracts from the Spectator newspaper of February 11, 1854.
[(12)] We read (Anglia Sacra, i. 335) of Æthelric, Bishop of the South-Saxons at the time of the Conquest, as “vir antiquissimus et legum terræ sapientissimus.” So Adelelm, the first Norman Abbot of Abingdon, found much benefit from the legal knowledge of certain of his English monks (Chronicon Monasterii de Abingdon, ii. 2), “quibus tanta secularium facundia et præteritorum memoria eventorum inerat, ut cæteri circumquaque facile eorum sententiam ratam fuisse, quam edicerent, approbarent.” The writer adds, “Sed et alii plures de Anglis causidici per id tempus in abbatia ista habebantur quorum collationi nemo sapiens refragabatur.” But knowledge of the law was not an exclusively clerical accomplishment; for among the grounds for the election of King Harold himself, we find (de Inventione Sanctæ Crucis Walthamensis, p. 25, Stubbs) that one was “quia non erat eo prudentior in terra, armis strenuus magis, legum terræ sagacior.” See Norman Conquest, ii. 538, iv. 366, 478.
[(13)] On the growth of the lawyers’ theory of the royal prerogative, and its utter lack of historical standing-ground, I must refer once for all to Allen’s Inquiry into the Rise and Growth of the Royal Prerogative in England.
[(14)] See Norman Conquest, ii. 330.
[(15)] The history of this memorable revolution will be found in Lingard, iii. 392-405, and the legal points are brought out by Hallam, Middle Ages, ii. 214. He remarks that “In this revolution of 1399 there was as remarkable an attention shown to the formalities of the constitution, allowance made for the men and the times, as in that of 1688;” and, speaking of the device by which the same Parliament was brought together again, he adds, “In this contrivance, more than in all the rest, we may trace the hand of lawyers.” The official version entered on the rolls of Parliament by command of Henry will be found in Walsingham, ii. 234-238. Some care seems to be used to avoid using the name of Parliament in the account of the actual proceedings. It is said just before, “Rex perductus est Londonias, conservandus in Turri usque ad Parliamentum proximo celebrandum.” And the writs are said to have been sent “ad personas regni qui de jure debeant interesse Parliamento.” But when they have come together (“quibus convenientibus”) care seems to be taken to give the Assembly no particular name, till, in the Act of Richard’s deposition, the actors are described as “pares et proceres regni Angliæ spirituales et temporales, et ejus regni communitates, omnes status ejusdem regni repræsentantes;” and in the Act of Henry’s election they are described as “domini tam spirituales quam temporales, et omnes regni status.” In the Act of deposition Richard’s resignation of the Crown is recorded, as well as his particular crimes and his general unfitness to wear it, all which are classed together as reasons for his deposition. The actual formula of deposition runs thus:—“propter præmissa, et eorum prætextu, ab omni dignitate et honore regiis, si quid dignitatis et honoris hujusmodi in eo remanserit, merito deponendum pronunciamus, decernimus, et declaramus; et etiam simili cautela deponimus.” They then declare the throne to be vacant (“ut constabat de præmissis, et eorum occasione, regnum Angliæ, cum pertinentiis suis, vacare”). Henry then makes his challenge, setting forth that strange mixture of titles which is commented on in most narratives of the event, and the Estates, without saying which of Henry’s arguments they accept, grant the kingdom to him (“concesserunt unanimiter ut Dux præfatus super eos regnaret”). A more distinct case of deposition and election can hardly be found; only in the words which I have put in italics there seems a sort of anxiety to complete, by the act of deposition, any possible defect in Richard’s doubtless unwilling abdication.
The French narrative by a partisan of Richard (Lystoire de la Traison et Mort du Roy Richart Dengleterre, p. 68) gives, in some respects, a different account. The Assembly is called a Parliament, and the Duke of Lancaster is made to seat himself on the throne at once. Then Sir Thomas Percy “cria ‘Veez Henry de Lencastre Roy Dengleterre.’ Adonc crierent tous les seigneurs prelaz et le commun de Londres, Ouy Ouy nous voulons que Henry duc de Lencastre soit nostre Roy et nul autre.” For “le commun de Londres” there are other readings, “le commun,” “le commun Dangleterre et de Londres,” and “tout le commun et conseil de Londres.”
[(16)] It should be remembered that Charles the First was not deposed, but was executed being King. He was called King both in the indictment at his trial and in the warrant of his beheading.
[(17)] Monk raised this point in 1660. See Lingard, viii. 607.