The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-24
The Great Conflict la England between KING
and Parliament.

The great conflict in England between King
and Parliament, between royal prerogative and
parliamentary privileges, lasted during four
reigns. It's varying fortunes were accompanied
by "seditions, impeacbments, rebeliions, bat
ties, sieges, prescriptions, judicial massacres."
During many years, says Macaulay. "the execu-
tive power and the legislative power had 80
effeotually impeded each other that the state
had been Of no account in Europe" until, a. he
shows, the long, fierce and doubtful struggle
terminated happily in the entire union between
the throne and the Parliament, which was an
nounced when the King-atarms proclaimed
William and Mary before Whitehall gate.
The strife had grown out Of the ancient an
tagonism between the superstition Of the divine
right Of kings and the idea Of popular liberty.
With the triumph of tho latter 1t resulted In the
Declaration Of Right This, "though 1t made
nothing law which was not law before" con-
tanned the germs Of all good laws and formally
recognized and established a fundamental prin-
ciple Of the British constitution, which is also
fundamental principle Of the constitution Of
the United Statcs This may be defined a the
subordlnati0n Of the executive TO the legisia-
-
tive department Of government
Five hundred years ago this principle, which
IL 30 old that none can tell when II began TO
exist, had become authoritative in England.
Ample as were the prerogatives of the sover-
eign, "no English king ever laid claim to gene
raj legislative power" The most violent and
imperious Plantagenet was aware that the king
could not legislate nor impose taxes without
the consent Of his Parliament, and that he was
bound TO conduct the executive administration
according to the laws OF the land, bis advisers
and agents being responsible if he broke those
laws. The rule as to taxation was among the ar
ticles which John was compelled by the barons
TO sign. Edward l. and bis powerful grandson
ventured 10 break it, but both found it expe-
dent to yield to the opposition which they
encountered. BractoD, who wrote under the
reign Of Henry ILL.,, said, "the King hath also
a superior, namely, God, and also the law"
Sir William Blackstone declares, 'the principal
duty Of the King is 70 govern his people 40
cording 10 law" The King Of Great Britain,
in his coronation oath, solemnly promises to
govern the people Of his kingdom according
to the statutes in Parliament agreed on, and
the laws and customs Of the same" Mr.
Conkling, in his recent treatise on Executive
Power" refers to the fact that Charles l. lost
bis head and James Il. was driven from his
throne "by the persistent assumption of powers
without warrant Of law" The Same writer
cites the memorable answer Of Roger Sherman
to the elder Adams, objecting TO the Pasticipa-
ton of tho Senate n thc power ef appsiaanent,
TO once, aths Executive IL not 70 execute it,
own vfll, bal the via q the Legtslatuse
declared ~ ~ iswsr 80
This fsndamcntA principas ALIKE u 10
RritiIh an tho Americas oonstitussoas ~ ~
no means been Atzicsly observed BY All Eag-.
lIsA Dvereisns. But It has always sxistsd -.
restrain .ihs royal prerogative, Tbs TudoEs,
during their reign Of one hundred and twenty
years, occasionally, IKE the Plantagenets,
invaded the rights Of their subjects, enacted
taxes in the shape Of loans and gifts and dis
pensed with penal statutes; 'nsy," adds the
historian, enough they never presumed 70
enact any law by their own authority, they
occasionally took upon themselves, when
Parliament was not sitting, to meet tenn
porary exigencies by temporary edicta."
But. they could not carry oppression
beyond certain point without sncountering
determined resistance, and they had ITO watch,
with constant anxiety, the temper Of the coun-
try" Even the proud and wilful Henry VIII.
found himself obliged, on one occasion, to re-
tract demand and to apologize publicly for
his infraction Of the laws. The Tudors. not
withstanding their fiery spirit "never once,
like some OF their predecessors and some Of
their successors, carried obstinacy TO fatal
point" From Henry LII. 10 Elizabeth, England
fourished under system which contained the
germs Of the Institutions Of the present day.
The subsequent strife between the Grown and
( the Parliament would, doubtless, have com
menced early in the reign OF Elizabeth, when
the discoatented Puritans began 10 return q
majority In The House Of Commons; bat The
struggle for life or deatA between Catholic
Europe and Protestant Europe len Nttle tims
for lnsernal disseusious. an wss In ~ Psrlia-'
nent Of 1854 that the oppesition which had
during forty years been silently gathering and
outstanding strength. fought its great battle and
won its first victory" From that date until the
accession Of William and Mary English history
h to great extent the history ola struggle for
power between King and Parliament Many
another victory was afterwards won and many
. sore defeat was sustained by the opponents
ofroysl encroachmsnts upon provinces right
fully belonging TO the Legislature. james L
enraged and alarmed his Parliament BY con-
ssantly telling thorn that 1they held their
privileges merely during his pleasure, and that
hey had no moro business to inquire what no
might lawfully 40 than what the Deity might
lawfully do.v "Yet he quailed before them.r
Charles dened constitutional opposition at
Westminster, dissolved Parliament afser Par
lament, closing The doors Of Westminster Hall
for eleven years alta stretch. aud systematically