Selected quad for the lemma: daughter_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
daughter_n	henry_n	king_n	mary_n	6,135	5	9.0678	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50542	Jus regium, or, The just, and solid foundations of monarchy in general, and more especially of the monarchy of Scotland : maintain'd against Buchannan, Naphthali, Dolman, Milton, &c. / by Sir George Mackenzie ...	Mackenzie, George, Sir, 1636-1691.; Mackenzie, George, Sir, 1636-1691. That the lawful successor cannot be debarr'd from succeeding to the crown.	1684 (1684)	Wing M162; ESTC R39087	83,008	208

as I have formerly more fully prov'de And if this principle prevail'd as to the differences in the Theory of Religion it would in the next step be urg'd as to the practice of Religion and we would change our Kings because we thought them not pious as well as Protestant And did not our Sectarians refine so far as to think dominion founded on grace and this opinion seems to my self more solide than the other for certainly an impious Protestant is a worse Governour and less Gods Vicegerent and image than a devout Papist And amongst Protestants every Secte will reject a King because he is not of their opinion And thus our Covenanters by the Act of the West-kirk Anno 1650. declar'd they would disown our present Monarch if he did not own the Covenant And though a King were Protestant yet still this pretext that he design'd to introduce Popery would raise his People against him if differences in Religion could Lawfully Arme subjects against their King or did empower them to debar his Successor And when this cheat prevail'd against devout King Charles the I the Martyr of that Orthodox Faith to which he was said to be enemie what a madness is it to allow this fatall error which was able to ruine us in the last age and went so near to destroy us in this This is indeed to allow that arbitrariness against our Kings which we would not allow in them to us The second Objection is that in England the Parliament has frequently devolv'd the Crown and Government upon such as were not otherwayes to have succeeded as in the instances of Edward the II. and Richard the III the first of whom was most unjustly depos'd for making use of Gavestoun and the Spencers which shewes how extravagant the People ar in their humours rather than how just their power is for besides that we do not read that these Counsellors were unsufferable there is no good Christian that can say that a King can be depos'd for using ill Counsellors And as to Richard the III. his case is so fully examined and all the Articles brought both against him and Edward the II. so fully answered by the learn'd Arnisaeus a Protestant Lawyer and who had no other interest in that debate than a love to Truth and Law in that treatise Quod nullâ ex causâ subditis fas sit contra legitimum principem arma sumere that we Protestants should be asham'd to bring again to the field such instances upon which Arnisaeus in answer to the 14. Article against Richard the II viz. that he refus'd to allow the Lawes made in Parliament does very well remark that this was in effect to consent to their being King and to transferre upon them the Royal power and this will be the event of all such undertakings The instances of Henry the IV. and Henry the VII are of no more weight than the other two since these were likewayes only Kings de facto till King Henry the VII by his marriage with the Lady Elizabeth eldest Daughter to King Edward the IV. did by her transmit a just title to his Successor therefore it was not strange that either of these should allow the Parliament to interpose when they behov'd to owe to them the possession of the Throne But yet Henry the VII himself as the Lord Bacon relates in his Historie shunn'd to have the Parliament declare his title to be just being content with these ambiguous words viz. that the inheritance of the Crown should rest remain and abide in the King c. And upon this accompt it was that the same King caus'd make a Law that such as should serve the King for the time being in his warrs could not be attainted or impeach'd in their persons or Estates As to Henry the VIII his procuring an Act whereby the Parliament declares that in case he had no issue by the Lady Iean Seymour he might dispose of the Crown to whatsoever person he should in his own discretion think fit It is answered that by a former Statute in the 25 year of his Reigne he by Act of Parliament setles the Crown upon the Heirs male of his own body and for lack of such issue to Lady Elizabeth and for lack of such issue also to the next Heirs of the King who should for ever succeed according to the right of Succession of the Crown of England which shewes that the Succession to the Crown of England is establish't by the Law of Nature and the Fundamental Laws of England upon the Heirs of Blood according to the proximity of degrees so that though that King did afterwards prevaile with the Parliament to declare this Elizabeth a Bastard as he did also his Daughter Mary by another Act and resolve to setle the Crown upon Henry Fitz Roy Duke of Richmond yet these Acts teach us how dangerous it is to leave Parliaments to the impression of Kings in the case of naming a Successor as it is to expose Kings to the arbitrariness of Parliaments But such care had God of his own Laws that Mary succeeded notwithstanding She was Papist and Elizabeth succeeded her though she was declar'd Bastard the Rights of Blood prevailing over the formalities of divorce and the dispensations of Popes as the strength of Nature does often prevaile over poisons And God remov'd the Duke of Richmond by death to prevent the unjust competition and so little notice was taken of this and the subsequent Act Anno 1535 that the Heirs of Blood succeeded without repealing of that Act as ane Act in it self invalide from the beginning for only such Acts are past by without being repeal'd And Blackwood pag. 45. observes very well that so conscious were the Makers of these Acts of the illegality thereof and of their being contrarie to the immutable Laws of God Nature and Nations that none durst produce that Kings Testament wherein he did nominat a Successor conform to the power granted by these Acts that how soon they were freed by his death from the violent oppressions that had forced them to alter a Successor three several times and at last to swear implicitly to whomever he should nominat a preparative which this age would not well bear though they cite it they proclamed first Queen Mary their Queen though a Papist and thereafter Queen Elizabeth whom themselves had formerly declared a Bastard And as in all these Acts there is nothing declaring the Parliaments to have power to name a Successor but only giving a power to the King for preventing mischiefs that might arise upon the dubiousness of the Succession to nominat a Successor two of the legal Successors having been declar'd Bastards upon some niceties not of nature but of the Popes Bulls for divorcing their Mothers so this instance can only prove that the King may nominat a Successor and that the Parliament may consent not to quarrell it which is all that they do but does not at all prove

unjust and unequitable that the Predecessor should robbe his Successor nulla ergo sayes Arnisaeus Cap. 7. Num. 5. clausula Successori jus auferri potest modò succedat ille ex jure regni And Hottoman lib. 2. de Regno Galliae asserts that in France which is a very absolute Monarchy Ea quae jure Regio primogenito competunt ne Testamento quidem patris adimi possunt And thus when the King of France design'd to break the Salique Law of Succession as in the Reigne of CHARLES the V. It was found impracticable by the three Estates and when Pyrrhus was to preferre his youngest Son to the Crown the Epirots following the Law of Nations and their own refus'd him Paus. lib. 1. In the year 1649. Also Amurat the grand Seignior having left the Turkish Empire to Han the Tartarian passing by his Brother Ibrahim the wholl Officers of that State did unanimously Cancel that Testament and restore Ibrahim the true Heir tho a silly foole Which shewes the opinion not only of Lawyers but of whole nations and Parliaments Tho vander Graaff an Hollander confesses that it is not Lawfull to choose any of his Sons to succeed him in which the general quiet of the Kingdom is much concerned And therefore tho the next Heir were wiser braver and more generally beloved Yet the more immediat must be received as choos'd by God whither good or bad and as honored with his Character And if Kings could have inverted their Succession and choos'd their own Successor Saint Lewis had preferr'd his own third Son to Lewis his eldest and Alfonsus King of Leon in Spaine had preferr'd his Daughters to Ferdinand his eldest Son And Edward the VI. of England had preferr'd and did actually preferre the Lady Iean Gray to his Sisters Mary and Elizabeth And if Successions especially of such great importance had not been fixed by immutable Laws of God and nature the various and unconstant inclinations of the present Governours especially when shaken by the importunity of Step-mothers and Mothers or clouded by the jealousie of flatterers or favourits had made the Nations whom they Governed very unhappy and therefore God did very justly and wisely setle this Succession that both King and People might know that it is by him that Kings Reigne and Kingdoms are secur'd in Peace against faction and it were strange that this should not hold in Kings since even amongst subjects the Honour and Nobility that is bestow'd upon a Man and his Heirs does so necessarly descend upon those Heirs that the Father or Predicessor cannot seclude the next Successor or derogat from his right either by renuncing resigning following base or meane Trades or any other For say those Lawyers since he derives this right from his old Progenitors and owes it not to his Father his Fathers deed should not prejudge him therein Fab. Cod. 9. Tit. 28. Def. 1. Warnee Consil. 20. Num. 7. And as yet the Estates of Parliament in both Nations have no legislative power otherwayes than by assenting to what the King does so that if the King cannot himself make a Successor neither can they by consenting and all that their consent could imply wold only be that they and their Successors should not oppose his nomination because of their consent But that can never amount to a power of transferring the Monarchy from one branch to another which would require that the Transferrers or bestowers had the Supream power Originally in themselves nemo enim plus juris in alium transferre potest quàm ipse in se habet And if the States of Parliament had this power Originally in themselves to bestow why might they not reserve it to themselves And so perpetuate the Government in their own hands And this mov'd judge Ienkins in his treatise concerning the liberty and freedom of the subject pag. 25. To say that no King can be Named or in any time made in this Kingdom by the People A Parliament never made a King for there were Kings before there were Parliaments and Parliaments are summoned by the Kings writtes Fourthly A King cannot in Law alienat his Crown as is undenyable in the opinion of all Lawyers and if he do that deed is voyd and null nor could he in Law consent to an Act of Parliament declaring that he should be the last King And if such consents and Acts had been sufficient to bind Successors many silly Kings in several parts of Europe had long since been prevail'd upon to alter their Monarchy from Haereditarie to Elective or to turn it in a Common-wealth and therefore by the same reason they cannot consent to exclude the true Successor For if they may exclude one they may exclude all 5. In all Societies and Governments but especially where there is any association of powers as in our Parliaments there are certain fundamentals which like the Noble parts in the Body are absolutly necessar for its preservation for without these there would be no Ballance or certainty And thus with us if the King and each of the Estates of Parliament had not distinct and known limits sett by the gracious concessions of our Monarchs each of them would be ready to invade one anothers Priviledges And thus I conceive that if the Parliament should consent to alienate the half of the Kingdom or to subject the whole to a Stranger as in King Iohns case in England and the Baliols in Scotland it has been found by the respective Parliaments of both Kingdoms that that Statute would not oblidge the Successor Or if the House of commons in England or the Burrowes of Scotland should consent to any Act excluding their Estate and respresentatives from the Parliament doubtlesse that Statute excluding them would not prejudge their Successors because that Act was contrare to one of the fundamental Laws of the Nation And the late Acts of Parliaments excluding Bishops were reprobated by the ensuing Parliaments as such and therefore by the same rule any Statute made excluding the legal Successor would be null and voyd as contrare to one of the great Fundamental Rights of the Nation And what can be call'd more a Fundamental Right than the Succession of our Monarchy Since our Monarchy in this Isle has ever been acknowledg'd to be hereditary And that this acknowledgment is the great Basis whereupon most of all the positions of our Law run and are established such as that the King never dyes since the very moment in which the last King dyes the next Successor in Blood is Legally King and that without any expresse recognizance from the People and all that oppose him are Rebells His Commissions are valide He may call Parliaments dispose the Lands pertaining to the Crown all men are lyable to do him homage and hold their Rights of him and his Heirs And generally this principle runs through all the veins of our Law It is that which gives life and Authority to our Statutes but receives none from them which are