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A64086 A Brief enquiry into the ancient constitution and government of England as well in respect of the administration, as succession thereof ... / by a true lover of his country. Tyrrell, James, 1642-1718. 1695 (1695) Wing T3584; ESTC R21382 45,948 120

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pleased because you may have been forced when the way has proved unpassable either through Water or Dirt to leap a Ditch perhaps for safeguard of your life into a Neighbour's Enclosure F. Sir I am so well satisfied with what your Worship hath now said in these grand Points that with your good leave I shall not fail not only to vindicate your Person from those aspersions but also to maintain the lawfulness of our present Settlement upon the same Principle you have now laid down since I know of none that seem to me more agreeable to Right Reason and the Laws and Constitution of this Kingdom and therefore I hope you will always believe me to be your honest Neighbour and humble Servant and so I take my leave of your Worship I. Neighbour I am yours and bid you heartily farewel FINIS Books Sold by Richard Baldwin THE Works of F. Rabelais M D. In Five Books or the Lives Heroick Deeds and Sayings of the Good Gargantua and Pantagruel and his Voyage to the Oracle of the Bottle As also his Historical Letters To which is added the Author's Life and Explanatory Remarks By Mr. Motteux Never before Printed in English Bibliotheca Politica Or an Enquiry into the Ancient Constitution of the English Government with Respect both to the just Extent of Regal Power and to the Rights and Liberties of the Subject Wherein all the chief Arguments as well against as for the Late Revolution are Impartially represented and considered In XIII Dialogues Collected out of the best Authors both Ancient and Modern To which is added An Alphabetical Index to the whole Work The remarkable Sayings Apothegms and Maxims of the Eastern Nations Abstracted and Translated out of their Books written in the Arabian Persian and Turkish Language with Remarks by Monsieur Galland who lived many Years in those Countries Translated from the Paris Edition into English Twelves Printed for Richard Baldwin near the Oxford-Arms in Warwick-Lane The World bewitch'd is now publish'd containing an Examination of the common Opinions concerning Spirits their Nature Power Administration and Operations as also the Effects men are able to produce by their Communication Divided into Four parts By Belthazer Bekker D. D. and Pastor at Amsterdam Vol. I. Translated from a French Copy Approved of and Subscribed-by the Author 's own hand A New and Easie Method to understand the Roman History With an exact Chronology of the Reign of the Emperors An Account of the most Eminent Authors when they flourish'd And an Abridgment of the Roman Antiquities and Customs By way of Dialogue for the use of the Duke of Burgundy Done out of French with very large Additions and Amendments by Mr. Tho. Brown A Collection of Speeches of the Right Honourable Henry late Earl of Warrington viz. I His Speech upon his being sworn Mayor of Chester in November 1691. II. His Speech to the Grand Jury at Chester April 13. 1692. III. His Charge to the Grand Jury at the Quarter-Sessions held for the County of Chester on the 11th of October 1692. IV. His Charge to the Grand Jury at the Quarter-Sessions held for the County of Chester on the 25th of April 1693. Letters of State Written by Mr. Iohn Milton To most of the Sovereign Princes and Republicks of Europe From the Year 1649. till the Year 1659. To which is added An Account of his Life Together with several of his Poems And a Catalogue of his Works never before Printed Mathematical Magick Or the Wonders that may be performed by Mechanical Geometry In Two Books Concerning Mechanical Powers Motions Being one of the most easie pleasant useful and yet most neglected part of Mathematicks not before treated of in this Language Mercury or the Secret and Swift Messenger Shewing how a man may with privacy and speed communicate his Thoughts to a Friend at any distance The Second Edition By the Right Reverend Father in God Iohn Wilkins late Lord Bishop of Chester Printed for Rich. Baldwin where are to be had The World in the Moon England's Interest Or a Discipline for Seamen Wherein is proposed a Sure Method for Raising Qualified Seamen for the well Manning Their Majesties Fleet on all Occasions Also a Method whereby Seamen will be obliged mutually to Relieve each other on board the Men of War yearly or thereabout except where any Seaman by his own voluntary Consent shall be willing to stay longer Likewise is shewed the Advantages which by these Methods will accrue to the Nation in general and in particular to the Merchants and Seamen For hereby the Wages now given in Merchant-Ships will be brought lower and every Seaman will have the liberty of chusing his own Commander after the first year and continuing with him if he so likes By Captain George St. Lo. An Answer to a Paper written by Count d'Avaux the French King's Ambassador in Sueden concerning the Proposals of Peace made by France to the Confederates An Essay concerning Obedience to the Supream Powers and the Duty of Subjects in all Revolutions With some Considerations touching the present Juncture of Affairs An Essay concerning the Laws of Nations and the Rights of Sovereigns With an Account of what was said at the Council-board by the Civilians upon the Question Whether Their Majesties Subjects taken at Sea acting by the Late King's Commission might not be looked on as Pirates With Reflections upon the Arguments of Sir T. P. and Dr. Ol. Both by Matth. Tyndal Doctor of Laws The Second Edition The Antiquity and Justice of an Oath of Abjuration In answer to a Treatise Entituled The Case of an Oath of Abjuration considered A Sermon preached before the Right Honourable the Lord-Mayor and the Court of Aldermen of the City of London at St. Mary-le-Bow on the 29th of May 1694. By Iohn Trenchard M. A Recto of Wrexhall in the County of Somerset and Chaplain to the Right Honourable the Earl of Manchester A Poem on the Late Promotions of several Eminent Persons in Church and State By N. Nate Servant to Their Majesties The Doctrine of the Holy Trinity placed in its due light by an Answer to a late Book Entituled Animadversions upon Dr. Sherlock's Book c. Also the Doctrine of the Incarnation of our Lord asserted and explained Liturgia Tigurina Or the Book of Common-Prayer and Administration of the Sacraments and other Ecclesiastical Rites and Ceremonies usually practised and solemnly performed in all the Churches and Chappels of the City and Canton of Zurick in Switzerland c. The Tragedies of the Last Age consider'd and examin'd by the Practice of the Ancients and by the common sense of all Ages in a Letter to Fleetwood Shepherd Esq Part I. The Second Edition A short View of Tragedy its Original Excellency and Corruption with some Reflections on Shakespear and other Practitioners for the Stage Both by Mr. Rimer Servant to Their Majesties A New Plain Short and Compleat French and English Grammar whereby the Learner may attain in few months to
not as well suppose a like tacite consent in the Princess of Denmark's not making any Opposition or Protestation against this Act whereby the Crown was settled upon his Majesty during his Life but rather agreeing to it for I have heard that several of her Servants in both Houses did declare that the Princess did not design that her future Right should be any hindrance to the present Settlement Pray therefore tell me why may not King William hold the Crown after the Death of the Queen if she should happen first to die without any Usurpation as well as King Henry the Seventh held it after the Death of his Queen notwithstanding his two Sons Prince Arthur and Henry both lived to be Married before their Father Died and Henry the Eighth was then in his nineteenth or twentieth Year of his Age old enough of conscience to govern himself F. I confess these things were altogether unknown to me before as they are I believe to most of my condition and I give your Worship many thanks for your kind Information But pray Sir resolve me one Question more and I have done Do you think a Man may Lawfully take the new Oath of Allegiance to Their present Majesties notwithstanding King Iames is still alive and do you think I could justifie it in Law should I be called to an account for it if he should again by some unexpected means or other obtain the Throne I. Well Neighbour to satisfie you as to the first of your questions I answer thus I doubt not but you may Lawfully take this Oath since the Parliament have done no more in thus setling the Crown than what many former Parliaments have done before in like Cases whose Proceedings have been still looked upon as good and held unquestioned unto this day as appears by the President of Henry the VIIth I now gave you and upon which Declarations of Parliament who are the only proper Judges who have most Right to the Crown in case of any dispute about it the People of this Kingdom have still thought themselves sufficiently obliged to take such Oaths of Fidelity and Allegiance as the Government thought fit to frame and require of them according to Law But I confess the latter of your questions is somewhat harder to be answered because it depends upon a matter that is farther remote since we cannot tell whether if ever at all King Iames should re-obtain the Throne by what means it may happen for if it should be by the Force either of the Irish or French Nations I doubt not but we should be all made mere Slaves and Vassals without any Law or setled Property but his own Will But if it should be by any Agreement or Composition with him upon his Engagement to Govern according to Law the● le● me tell you Not only your self but every other Subject that takes this Oath will have a good Plea in Law for taking it by the Statute of the 11th of Henry the VIIth whereby it is expresly Enacted That every Subject by the duty of his Allegiance is bound to Serve and Assist his Prince and Sovereign Lord at all seasons when need shall require and then follows an Act of Indemnity for all those that shall personally serve the King for the time being in his Wars Which were altogether unreasonable if Allegiance had not been due before to such a King as their Sovereign Lord mentioned in the Preamble and if Allegiance were due to him then certainly an Oath may lawfully be taken to observe it since it is no more than what the Law hath ever required from Subjects to such a King not only by this Statute but at Common Law too as appears by my Lord Cookes Comment on the Statute of Edward the IIId where he asserts not only from the Authority of this Statute but also from the old year-Year-Books that a King de Facto or for the time being is our Lord the King intended in that Statute and that the other who hath a Right and is out of Possession is not within this Act. So that you see according to this Act of Henry the VIIth as also by the Judgment of the best Lawyers of England whatever Person is once solemnly Crowned King of England and hath been so Recognized by Authority of Pariiament as Their Present Majesties have now been are and ever have been esteemed Lawful and Rightful Kings or Queens though they had no Hereditary Right of Succession as next of Blood as I have proved to you from the instance of King Henry the 4th and 7th and could do also by the Examples of Queen Mary or Queen Elizabeth take which you please since they could not both of them succeed as the Legitimate Daughters and Heirs of King Henry the Eighth So that it is plain one or other of these Queens had no better than a Parliamentary Title to the Crown Therefore upon the whole matter whether Their present Majesties are Heirs to the Crown by Lineal Descent is not the Question but whether by the Law of England they are not to all intents and purposes Lawful and Rightful King and Queen so that an Oath of Allegiance may be lawfully taken to them and all men obliged to serve them in all their Wars and other Affairs even against King Iames himself since we cannot serve Two Masters that is owe Allegiance to Two Kings at once F. I cannot deny but what you say seems not only very reasonable but also according to Law but I heard the Squire and the Parson we but now mentioned positively assert That the King and Parliament had no Power to alter the Succession to thē Crown though they would and that therefore this Statute of Henry the Seventh you now mentioned which indemnifies all those that take up Arms in defence of the King for the time being is void First Because made by an Usurper who had no Right to make such a Law in prejudice of the true King or the next Heirs of the Crown but also because as they said it was but a Temporary Act and was to last no longer than during his life and lastly because this Statute hath never been allowed or held for good in any cases of Assisting Usurpers since that time for the Duke of Northumberland was Arraigned and Executed for Treason in the time of Queen Mary because he had Assisted and Taken up Arms on behalf of the Lady Iane Gray who was Proclaimed Queen and Reign'd as such for about a Fortnight and yet tho the Duke Pleaded afterwards that he had Acted nothing but by Order of the Queen and Council for the time being yet this Plea was over-ruled by the Peers who were his Judges and he was Executed notwithstanding Lastly they said That this Statute was implicitly or by consequence Repealed by those Statutes of Queen Elizabeth and King Iemes which appoint the Oaths of Allegiance to be only taken to the King his Heirs and lawful Successors besides a Statute of