Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	heir_n	king_n	richard_n	2,629	5	8.6012	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52522	Wonderful predictions of Nostredamus, Grebner, David Pareus, and Antonius Torquatus wherein the grandeur of Their present Majesties, the happiness of England, and downfall of France and Rome, are plainly delineated : with a large preface, shewing, that the crown of England has been not obscurely foretold to Their Majesties William III and Mary, late Prince and Princess of Orange, and that the people of this ancient monarchy have duly contributed thereunto, in the present assembly of Lords and Commons, notwithstanding the objections of men and different extremes.	Atwood, William, d. 1705?; Grebner, Ezekiel.; Nostradamus, 1503-1566.; Pareus, David, 1548-1622.; Torquato, Antonio, 15th cent.	1689 (1689)	Wing N1401; ESTC R261	72,982	73

not to assume the Royal Dignity unless he firmly resolv'd to perform what he had sworn To which he answered That by God's help he would faithfully observe his Oath And Hoveden says That he was Crown'd by the Counsel and Assent of the Archbishops Bishops Earls Barons and a great number of Milites which Word was then of a large extent Wherefore I submit it to Consideration whether these are any Exceptions to the General Rule or are not at least such as confirm it 8. The Parliament 11 H. 7. declares That it is against all Laws Reason and good Conscience that Subjects should lose or forfeit for doing their true Duty and Service of Allegiance to their Prince or Sovereign Lord for the time being that is to the King de facto as appears by the Occasion of the Law to encourage the Service of H. 7. who had no Title but from his Subjects and there is a Provision That any Act or Acts or other Process of Law to the contrary shall be void Which being built upon the Supposition That according to the Fundamental Law the People's Choice gives sufficient Title perhaps is not vain and illusory as the Lord Bacon would have it but argues strongly that the Parliament then thought the Monarchy Elective at least with that Restriction to the Blood which I yield And if this be part of the Fundamental Contract for which it bids very fair then perhaps no body of any other Stock may be King within this Statute To what I have offer'd on this Head the following are all the Objections of seeming weight which have occurr'd to me The Maxim in Law That the King never dies or to use the Words of Finch The Perpetuity which the Law ascribes to him having perpetual Succession and he never dies for in Law it is called the Demise of the King. To which I answer 1. That neither that Book nor any Authority there cited is so ancient as the Settlement of the Crown above observ'd and that the Death is but a Demise or transferring the Right immediately to a Successor may be owing to the Settlement but is no Argument of any Right otherwise 2. Even where there is an Election tho' never so long after the Death of the Predecessor yet by way of Relation 't is as if there were a Demise or Translation of Interest without any Interregnum as it was resolved by all the Judges 1 Eliz. of which the Words of Lord Dyer are The King who is Heir or Successor may write and begin his Reign the same day that his Progenitor or Predecessor dies with which agrees the Lord Anderson But that to many intents a King dies in his Politick Capacity as well as Natural appears by the discontinuance of Process in Criminal Causes and such in Civil as was not return'd in the Life of the former King till kept up by Statute the determination of Commissions and the like 'T is urg'd That the Hereditary Right contended for has not been interrupted by the People's Elections so oft as it should seem by the Breaches in the Succession for that many who came in before them who stood next were Testamentary Heirs of the Appointment of the Predecessor which argues an Inheritance in him that disposes And Dr. Brady thinks he produces an Example where the Election of the People was bound and limited by the Nomination of the Predecessor But if he had duely weigh'd the Presidents of this kind he might have understood that an Election without a Nomination had full effect while a bare Nomination had none and he might have learnt from Grotius that among the Germans from whom we descend Kingdoms did not use to pass by Will and that Wills were but Recommendations to People's Choice but not Dispositions I find it urg'd That as anciently as the time of E. 3. the Realm declar'd That they would not consent to any thing in Parliament to the disherison of the King and his Heirs or the Crown whereunto they were sworn If any Colour of Evidence can be produc'd that the Subjects of England so early as that swore Allegiance to the King and his Heirs this were to the purpose Indeed I find that before this 24 E. 1. a Foreign Prince the King of Scotland Feudatory to the Crown of England did Homage to the King and his Heirs but the like not being exacted of the Subjects of England till particular Acts whereby the Crown was setled it argues strongly as indeed appears from the Subject Matter that the Homage paid by a Foreign Prince was due to none but the present King and his Successor to the Kingdom whoever was next of Blood And by parity of Reason the Disherison of the King and him her or them who succeeded to the Crown was all that could be referr'd to when they urge the Obligation of their Oath to the King and his Heirs or the Crown which appears farther not only from the old Oath of Allegiance to which they must needs have reference whereby they are bound to defend the Rights of tbe Crown but even from the Matter then in question which was not of the Right of Succession but of a Flower of the Crown Bracton puts this out of dispute when he tells us That Inheritance comes not from an Heir but an Heir from Inheritance and that Inheritance is the Succession to all the Right which the Predecessor had by any sort of Acquisition With Bracton agrees the Civil Law Haeredis significatione omnis significari Successores credendum est etsi verbis non sunt expressi By Heirs we are to believe all Successors to be signified altho' not exprest in Words And again Nihil est aliud haereditas quam successio in universum jus quod defunctus habuit Inheritance is nothing else but Succession to all the Right which the Deceased had Wherefore I cannot but wonder that so Learned a Man as Sir P. P. should cite this to prove that Allegiance is due to the Heirs and Successors in a Legal Course of Descent that is as he explains or receives it out of Mr. Prynne by proximity of Succession in regard of Line Nor is this Learned Man more fortunate in mentioning the Salvo which Littleton tells us is to be taken to the Oath of Homage to a Subject Salve la Foy que jeo doy a nostre Signior le Roy where there is not a word of Heirs but he tells us that Littleton cites Glanvil where the word Heirs is whereas 't is the Lord Cook who makes the Quotation as he does of Bracton whose Sense of the word Heirs we have seen and Littleton fully confirms it by leaving out the word Heirs as a Redundancy Allegiance being due to every one that becomes King and to no other But to put the extent of Heirs to a King out of Controversie we have the Resolution of all the

interfere with the Judicial Power of the High Court of Parliament and it may be a question whether that Maxim as receiv'd in the Courts of Justice is ever taken to reach farther than either in relation to the Remedies which private Persons may there have against personal Injuries from the King as where 't is said The King cannot imprison any Man because no Action of False Imprisonment will lie against him or rather because of the ineffectualness in Law of his tortious Acts. But what the Nation or its Great Councils have thought of such Acts will appear by a long Series of Judgments from time to time past and executed upon some of their Kings Long before the reputed Conquest Sigibert King of the West-Saxons becoming intolerable by his insolent Actions was expell'd the Kingdom and Bromton shews that this was done in a Judicial manner by the unanimous Consent and Deliberation of the Peers and People that is in the Language of latter Ages by Lords and Commons in full Parliament And eighteen Years after Alcred King of the Northanimbrians that is Northumberland and other adjacent Counties was banish'd and divested of his Soveraignty by the Counsel and Consent of all his Subjects Five Years after this their King Ethelred was driven from the Throne and Kingdom for treacherously procuring the Death of three of his Great Men Alwlf Cynwlf and Ecga Within fifteen Years after this the People having without Example called back Ethelred from Exile slew him without any allowable Precedent and set up in his stead Osbald a Nobleman none of the Royal Stock and he not answering their Expectation they depos'd him in twenty eight days Twelve Years after they deposed their King Eardulf and remain'd long without chusing any Sixty Years after they depos'd their King Osbrich and chose Ella who still swerv'd from the Ends of Government Six Years after they expell'd their King Egbert For sixty nine Years the Kings and their People agreed without coming to any Extremities but then they renounc'd the Allegiance sworn to King Edmund and chose Aulaf King of Norway for their King. Aulaf had not reigned six Years when they drove him away and tho' they receiv'd him again they soon cast him off again and swore Allegiance to the English King Edred Then they rejected him and chose Egric a Dane with whom their independent Monarchy expir'd and turn'd into the Government of Earls I would not be thought to mention those numerous Examples with the least approbation 't is certain they argue great Levity in rejecting or Folly in chusing But if we are believ'd to receive many Laws and Customs from the Germans from whom we are more remotely deriv'd much more may the English Monarchy be thought to partake of the Customs of the contiguous Kingdoms which compose it and by this frequent Practice the Members of it were sufficiently prepar'd to understand that part of the Compact whereby the Prince was oblig'd to suffer Right as well as his Subjects and that if he did not answer the Ends for which he had been chosen he was to lose the Name of King. Either these Examples or rather the continual Engagements in War with Foreigners had such effect that from this time to the Entrance of W. 1. excepting the Case of King Edwin Nephew to the English Monarch Edred who was driven out of the Kingdom Anno 957. I find nothing of the like nature A King was but a more splendid General nor could he hope to maintain his Dignity but by hardy Actions and tender usage of his People their extraordinary Power had slept but for few Years after the Death of the reputed Conqueror till the time of King Stephen the third Successor from W. 1. who after Allegiance sworn to him had it a while withdrawn for Maud the Empress but the People soon return'd to it again rejecting her who was nighest in Blood because she denied them the Benefit of St. Edward's Laws This Power of the People to be sure was rous'd by the extravagant Proceedings of King John upon which the Earls and Barons of England without the Formality of Summons from the King give one another notice of meeting and after a long private Debate they agreed to wage War against him and renounce his Allegiance if he would not confirm their Liberties and agreed upon another Meeting for a peremptory Demand declaring That if he then refus'd them they would compel him to Satisfaction by taking his Castles Nor were they worse than their words and their Resolutions had for a while their desir'd Effect in obtaining a Confirmation of their Liberties but the Pope soon absolv'd the King and encourag'd him to the violation of them till they stoutly casting off the Authority both of King and Pope proceeded to the Election of another King Lewis the Dauphin of France But the Dauphin assuming a Power not brook'd in the English Government upon the Death of King John they set up his Son H. 3. and without any solemn Deposing of Lewis compell'd him to renounce his Pretensions Henry treading in his Father's steps had many unhappy Contests with his Barons and having call'd in numbers of Foreigners they sent him a solemn Message That unless he would remove those troublesom Guests they would all by a Common Council of the whole Realm drive him and his wicked Counsellors out of the Kingdom and would consider of making a new King. Upon this both Sides had recourse to Arms and neither valued the others Judicial Sentence but for certain the Sentence threatned H. 3. was executed upon his Grandson E. 2. who was formally depos'd in Parliament for his Misgovernment whose Case with his next Successor's but one R. 2. by what I have observ'd before appear to have been no Novelties in England Nor was it long before the like was again put in practice more than once H. 6. being a weak misled Prince gave occasion to Richard Duke of York whose Line was put by to cover his Designs for restoring the elder Family with the Pretence of Redressing Publick Grievances The Crown he was so far from pretending to at first that himself swore Allegiance to H. 6. in a very particular manner But having afterwards an Advantage given by the Divisions of them who had driven him out of the Land he in a fortunate Hour with lucky Omens as was believ'd challeng'd the Crown as his Right upon which there was an Agreement ratified in Parliament That H. 6. should enjoy it during his Life and R. and his Heirs after him And tho' Richard Duke of York and his Son Edward afterwards E. 4. had sworn That H. 6. should enjoy the Royal Dignity during Life without trouble from them or either of them yet Richard having been treacherously slain by the Queen's Army immediately after the solemn Pacification Edward at the Petition of some of the Bishops and Temporal