Page:History of England (Macaulay) Vol 1.djvu/81

 pretended to rule by right of birth; and, in fact, both Tiberius, to whom Christ commanded that tribute should be given, and Nero, whom Paul directed the Romans to obey, were, according to the patriarchal theory of government, usurpers. In the middle ages the doctrine of indefeasible hereditary right would have been regarded as heretical: for it was altogether incompatible with the high pretensions of the Church of Rome. It was a doctrine unknown to the founders of the Church of England. The Homily on Wilful Rebellion had strongly, and indeed too strongly, inculcated submission to constituted authority, but had made no distinction between hereditary end elective monarchies, or between monarchies and republics. Indeed most of the predecessors of James would, from personal motives, have regarded the patriarchal theory of government with aversion. William Rufus, Henry the First, Stephen, John, Henry the Fourth, Henry the Fifth, Henry the Sixth, Richard the Third, and Henry the Seventh, had all reigned in defiance of the strict rule of descent. A grave doubt hung over the legitimacy both of Mary and of Elizabeth. It was impossible that both Catharine of Aragon and Anne Boleyn could have been lawfully married to Henry the Eighth; and the highest authority in the realm had pronounced that neither was so. The Tudors, far from considering the law of succession as a divine and unchangeable institution, were constantly tampering with it. Henry the Eighth obtained an act of parliament, giving him power to leave the crown by will, and actually made a will to the prejudice of the royal family of Scotland. Edward the Sixth, unauthorised by Parliament, assumed a similar power, with the full approbation of the most eminent Reformers. Elizabeth, conscious that her own title was open to grave objection, and unwilling to admit even a reversionary right in her rival and enemy the Queen of Scots, induced the Parliament to pass a law, enacting that whoever should deny the competency of the reigning sovereign, with the assent of the Estates of the realm, to alter the succession, should suffer death as a traitor: But the situation of James was widely different from that of Elizabeth. Far inferior to her in abilities and in popularity,