Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	sister_n	3,180	5	8.7934	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45197	Mr. Hunt's postscript for rectifying some mistakes in some of the inferiour clergy, mischievous to our government and religion with two discourses about the succession, and Bill of exclusion, in answer to two books affirming the unalterable right of succession, and the unlawfulness of the Bill of exclusion.	Hunt, Thomas, 1627?-1688.	1682 (1682)	Wing H3758; ESTC R8903	117,850	282

and Heir to the Duke of York Edward the Fifth succeeded by vertue of the same Act of Entail Richard the Third having got the Crown he was confirmed King by Act of Parliament which likewise Entail'd the Crown which was done upon two reasons pretended First for that by reason of a precontract of Edward the Fourth Edward the Fifth his eldest Son and all his other Children were declared Bastards Secondly for that the Son of the Duke of Clarence second Brother to Edward the Fourth had no right because the Duke was attainted of Treason by a Parliament of Edward the Fourth The Act of Parliament for Bastardizing the Children of Edward the Fourth was in force until repealed in the time of Henry the Seventh after his Marriage with Elizabeth the Daughter of Edward the Fourth Henry the Seventh comes in by no legal Title First because Edw. 4th his Daughter was then living Secondly his own Mother was then living In his first Parliament the Crown was Entail'd upon him and the Heirs of his body And observable it is that after the death of Elizabeth his Queen Daughter and Heir to Ed. 4th there is no notice taken of any right which was pretended to by Hen. 8. during his Fathir's life as being Son and Heir of his Mother who had the legal Right to the Crown by an ordinary right of Succession Henry the Eighth Succeeded who did as all his Laws speak derive his Title to the Crown by the Fathers side and not by the Mothers In his Reign the Crown was Entail'd thrice by Act of Parliament Confirm'd by the general Oaths both of the Spiritualty and the Lasty and it was made High Treason to refuse such Oaths and several Attainders were in his time by particular Acts of parliament of several persons who opposed such limitations of the Crown and the authority of the Laws that made them But the great Law of the three was made in the 35th year of his Reign Cap. 1. whereby power was given him to give and dispose by his Letters Patents or by Will the Imperial Crown of the Realm to remain and come after his death for want of lawful Heirs of Prince Edward the Lady Mary and the Lady Elizabeth to such person or persons in remainder or reversion as should please his Highness In which Act there was a Clause that made it high Treason to speak or write against that Act or to go about to annul or repeal it Besides there is another Proviso in that Act That if the Lady Mary should not keep such conditions which the King should declare by his Letters Patents or last Will the Imperial Crown should come to the Lady Elizabeth And if the Lady Elizabeth should not observe the same then the Crown was to go to such person as the King by his Letters Patents or last Will should limit and appoint By virtue of which limitation in the Act of Parliament afore-mentioned Edward the Sixth succeeded to the Crown and after him Queen Mary in whose Reign in an Act of Parliament for Conformation of the Articles of Marriage between her and Philip of Spain the Crown was again Entail'd but she dying without Issue the Lady Elizabeth became Queen who had been declared a Bastard as well as her Sister Mary in the life of their Father and therefore succeeded to the Crown by force of the Entail made in the 35 H. 8. Cap. 1. Pursuant to these Presidents in fact in the 13. year of the Reign of Q. Eliz. an Act of Parliament was made declaratory of the power of Parliament in the limitation of the Succession which made it highly penal to deny the Authority of an Act of Parliament for the limitation of the Crown Several persons in her time were proceeded against upon that Act and had the Judgement of Traytor and as Traitors executed for being contrary to that Law This Queen dying King James succeeded who was as the Statute of Recognition made in Parliament the first year of his Reign declares lineally rightfully descended of the most excellent Lady Margaret eldest Daughter of the most renowned Henry the 7th and the high and Noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the 4th the said Lady Margaret being eldest Sister of King Henry the 8th Father of the High and mighty Princes of famous memory Elizabeth late Queen of England It is further observable that upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of Emgland and Spain were entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament and the Pope's Bull. And by that Act of Parliament for confirming the Articles of Marriage Philip was created King and did exercise Soveraign Authority and particularly in making Laws together with the Queen the Stile of the Soveraign Assent to Bills in Parliament in their time being Le Roy la Roigne les veulent And likewise for that it was agreed by the States of both Kingdomes and the Low Countries it is therefore probable that it was the Universal opinion of the great men of that Age That Kings and Soveraign Princes by and with the consent of their States had a power to alter and bind the Succession of the Crown FINIS

when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which the Popish party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lies in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute-Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative Power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number When a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwal Sir E. Cook 8. R. was confirmed as they must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwal And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They also will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14. 36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed the 3. But if the King doth not call a Parliament once in a year he neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time too And for that he is by the Law intrusted with the calling of Parliaments he is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25 E. 3 cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm be ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and damage which thereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to our Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative Authority is nowhere to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power By the 13 Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliament in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d Henry the 7th thrice in the time of Henry 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Soveraign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the Authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and He his Title to the Crown of Scotland which drew to him the Imperial Crown of England For Robert Stewart first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his wife died he Married Elizabeth Mure. After that by one Act of Parliament he made his natural Children first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure

people or who after he had got into the Throne obtained the submissions of the People The same reason admits an Alien born though he be estranged from us by his Birth Est in Juvencis est in equis patrum vertus Though what I have said in this matter is so obvious that no considering man can escape these thoughts yet I cannot think it impertinent to add it here to clear what I have laid down in the precedent Sheets as an undoubted truth and evident in it self That the Succession to the Crown is the peoples Right But there is nothing I perceive to be allowed clear and evident when we live in an Age wherein Fools and most ignorant persons will undertake by the Liberty of the Press to print and publish to the world their crude thoughts and with great assurance offer their uncouth Opinions with astonishing presumption Besides to the reasonableness of this Doctrine it is agreeable to the Illustrious Grotius De Jure Belli Pacis Lib. 2. cap. 7. And nothing follows from his collected Law-cases about the different Rules of Succession of the Crown from private Fees but that he is a very young Lawyer or an old senseless Jobber of Law-Cases But I hope that all men that read him will with resentment think themselves used with scorn when they see what frivolous Fellows attempt upon them to deceive them and will be fully convinced that the Bill is reasonable just and fit since they have nothing better to object against it The last endeavour of the Epistoler is to remove the Authority of Parliaments and the Act made in the Thirteenth of Queen Elizabeth The words of which are printed at the close of the Papers against the man of Great and Weighty Considerations Our case is not in its reasons unparallel to those that introduced that Law and occasioned the making of that Declaration but whatever was the particular Reason the Declaration of that Parliament in that Act is general and therefore it is an Authority not to be impeached to prove that there is such a power to alter the Succession of the Crown for great Ends and weighty Reasons and just Causes Besides that such a power is lodged in the Parliament is clearly proved by us from the nature of Government in the foregoing Sheets As also that such a power will not be abused by using it in this Bill of Exclusion of which I hope no body upon the reading of them will retain any longer any manner of doubt But I cannot before I have done but take notice of his little Artifice in that he doth suggest that by the Act of Parliament of the Thirteenth of Queen Elizabeth cap 1. the Title of the Family of Stuarts is excluded when it is evident by the words of the Act that the Disability there enacted is only personal And his story of Monsieur the Duke of Anjou designing then to marry the Queen is a false and malicious insinuation to hurt the memory of that excellent Princess And consequently that King James and his Race had and have notwithstanding the validity of that Act a good Title to the Crown And that the validity of that Act may be maintained without derogation and injury to his Majesties sacred Title whom God long preserve A short Historical Collection touching the SUCCESSION of the CROWN WHether the History of the Succession of the Crown will allow so good and clear an Hereditary Right Jure humano as we have yielded in the precedent discourse the Reader will best judge by the short Historical Collection touching the Succession hereto subjoyned In the Heptarchy there was no fit Hereditary Right one King tripping up the heels of another as he had power till one got all After that Alfred Bastard-son to Oswin Adelstane Bastard-son of Edward the Elder Edmund Surnamed the Martyr Bastard-son to King Edgar Harold Surnamed Harefoot Bastard-son to Canute wore the Imperial Crown of England But a Law was made under the Saxon Monarchy De Oodinatione Regum directing the Election of Kings and prohibiting Bastards to be chosen Edward the Confessor was no King Jure Haereditario but the right was most indisputable at first in Edward Son of Edmond Ironside Father to Edgar Etheling his Nephew during his life and after his decease in that Edgar who was Nephew also to the Confessor William the First called the Conquerour was a Bastard and had no right but from his Sword and the Peoples Suhmissions and their Electing him William Rufus was elected against the right of his Elder Brother Robert then living Henry the First was made King favenle Clero Populo his Brother Robert still living whose Eyes were after put out at Cardiss-Castle in Wales King Stephen was elected a Clero Populo and confirmed by the Pope and Maud Daughter of Henry the First excluded Henry the Second came in by consent yet he had no Hereditary right for his Mother Maud the Empress Daughter and Heir to Henry the First was then living King John had an elder Brother Jeoffery Earl of Brittany who had Issue Arthur and Elianor which ought to have succeeded before him but he Arthur his Eldest Brother's Son living was elected a Clero Populo and being divorced from his Wife by his new Queen had Henry the Third Henry the Third was confirmed and setled in the Kingdom by the general Election of the people Elianor Daughter to Jeoffery the elder Brother still living Roger Mortimer Earl of March Son of Edmund by Philippa Daughter and Heir of Lionel Duke Clarence a younger Son of Edward the Third was in the Parliament 9 R. 2. declared Heir Apparent of the Crown which could not be but by force of an Act of Parliament Henry the Fourth came to the Crown by way of Election and in his time viz. in the eighth year of his Reign was the first Act of Parliament made for Entailing the Crown with Remainders By vertue of which his Son Henry the Fifth became King and after him Henry the Sixth In Henry the Sixth his time Richard Duke of York claimed the Crown and an Act of Parliament was made 39 H. 6. that Henry the Sixth should enjoy the Crown for his life and the said Duke and his Heirs after him After which King Henry raises an Army by the assistance of the Queen and Prince and at Wakefield in Battle kills the Duke for which 1 Edw. 4. they were all by Act of Parliament attainted of Treason and one principal reason thereof was for that the Duke being declared Heir to the Crown after Henry by Act of Parliament they had kill'd him which Act of Attainder was 1 H. 7. repealed and the Blood of the King Queen and Prince restored in terms of disgrace and detestation of so barbarous an Attainder Rot. Palr Anno 1 H. 7. Edward the Fourth succeeds upon the death of H. 6. by vertue of an Act of Parliament made in the time of H. 6. for entailing the Crown as Son