The fact seems to be, that the right of a son to come into the place of his father, 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.