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A46779 Severall papers lately vvritten and published by Iudge Ienkins, prisoner in the Tower viz. 1. His vindication. 2. The armies indempnity [sic]: with a declaration, shewing, how every subject ought to be tryed for treasons, felonies, and all other capitall crimes. 3. Lex terræ. 4. A cordiall for the good people of London. 5. A discourse touching the incoveniences of a long continued Parliament. 6. An apologie for the army.; Severall papers lately written and published by Judge Jenkins, prisoner in the Tower. Jenkins, David, 1582-1663. 1647 (1647) Wing J608; ESTC R217036 64,480 98

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facto but not de jure Ed. 4. c. ● but not de jure as appeares by the Acts of Parliament declaring them so And by all our Law-Bookes and the fundamentall constitution of the Land Regall power is hereditarie and not elective For the words vulgus-elegerit if vulgus be applyed to the House of Commons 1 H. 7. they of themselves can make no Lawes The Peeres were never yet tearmed vulgus but allowing they be so called the Lawes to be made must be just and who is fit to judge thereof is before made evident Customes cannot referre to future time ●5 Ob. and both are conpled Lawes and Customes Princes have beene deposed and may be by the two Houfes go. The deposers were Traytors Sol. as appeares by the resolution of all the Judges of England Coke Chap. Treason in the second part of the Institutes And never was King deposed but in tumultuous and mad times and by the power of Armies and they who were to be the succeeding Kings in the head of them as Edward the third and Henry the fourth The appeale to the Parliament for errors in judgements in all Courts 16 Ob. is frequent go. This is onely to the House of Lords Sol. and that is not the Parliament the House of Commons have nothing to doe therewith and in the House of Peeres if a Writ of Error be brought to reverse any judgement there is first a petition to the King for the allowance thereof and the reason of the Law in this case is for that the Judges of the Land all of them the Kings Councell and twelve Masters of the Chancerie assist there by whose advice erroneous judgements are redressed The Parliaments have determined of the rights of Kings 17 Ob. as in Henry the sixts time and others and Parliaments have bound the succession of Kings as appeares by the Statute of the thirteenth of Q. Elizab. Chapter the first and the discent of the Crowne is guided rather by a Parliamentarie Title then by Common Law go. If this Objection be true Sol. that the Title to the Crowne is by Parliament then we had no Usurpers for they all had Parliaments to back them yea Richard the third that Monster All cur Bookes of Law say they have the Crowne by discent and the Statutes of the Land declare that they have the same by inherent birth-right And the Statute of the thirteenth of Elizabeth the first Chapter was made to secure Q Elizabeth against the Qu. of Sca●● then in the kingdome clayming the Grown of England and having many adherent● 〈…〉 〈…〉 〈…〉 And that Statute to that end a firmes no such power in the two Homfor which is the Question but in Q Elizabeth and the two Houses which makes against the pretence of this time Master Prynne fol. 104. of his booke intituled The Parliaments supreme power c. Objecting the Statute of the first of Queen Elizabeth and his own Oath that the king is the onely supreme Governour of this Realme Answers The Parliament is the supreme power and the king supreme Governour And yet there he allowes him a Negative Voyce and fol. 107. confesseth that Acts of Parliament translated the Crowne from the right Heires at Common-law to others who had no good Title then the Parliamentary Title makes not the king so powerfull in truth that it escapes from a man unawares To make a distinction betweene Supreme Governour and Supreme power is very strange for who can Governe without power The king assembles the Parliament by His Writ adjourns Vide Speed 645.4 par Instit 27. 1. prorogues and dissolves the Parliament by the law at his pleasure as is evident by constant practise the House of Commons never sate after an adjournment of the Parliament by the kings command Where is the supreme Power The king by his Oath 1●● Ob. is bound to deny no man right much lesse the Parliament to agree to all just and necessary lawes proposed by them to the king This is the substance of the discourse against the kings Negative Voyce The king is so bound as is set downe in the Objection but who shall judge whether the Bill proposed be just and necessary Sol. For all that they doe propose are so pretended and carried in either House sometimes by one or two Voyces or some few as aforesaid and certainly as hath been shewn the king his Councell of State his Judges Sargeants Attorney Sollicitor and twelve Masters of the Chatcery can better judge of them then two or three or few more Mr. Pryn fol. 45. In his book of the Parliaments interest to nominate Privie-Councellors calleth the opinion of the Spencers to divide the Person of the King from his Crowne a strange opinion Calvins case 7. pars fol. 11. and cites Calvins Case but leaves out the conclusions there in mentioned fol. 15. Master Prynne saith there But let this opinion bee what it will without the Kings Grace and Pardon it will goe very far and two Acts of Parliament there mentioned are beyond an opinion And in his Book of the opening of the Great Scale fol. 17. The Parliament hath no jurisdiction to use the Great Seale for Pardons Generall or Particular Where is the Supreme power Mr. ●9 Ob. Prynnes opening of the Seale pag. 19. saith The Noblemen and State the day after the Funerall of King Henry the third King Edward the first his sonne being in the Holy Land made a new Great Seale and Keepers of the same And in Henry the sixts time in the first yeere of his Reigne the like was done in Parliament A facto Sol. ad jus is no good Argument for that in Edward the firsts time it was no Parliament for King Henry the 3. was dead which dissolved the Parliament if called in his time and it could be no Parliament of Edward the firsts time for no Writ issued to summon a Parliament in his Name nor could issue but under that New Seale it was so sodainly done after Henry the thirds death King Edward the first being then in the Holy Land it was the first yeere of his Reign and no Parliament was held that yeere nor the second yeere of his Reigne The first Parliament that was in his Reigne was in the third yeere of his Reigne as appeares by the Printed Acts. Also the making of that Seale was by some Lords then present What hand had the Commons in it Concerning the Seale made in Henry the sixths time the Protector was Vice-Roy according to the course of Law and so the making of that Seal was by the Protector in the Kings name and that Protector Humphrey Duke of Gloucester as Protector in the kings Name summoned that Parliament and was Protector made by the Lords and not in Parliament as appeareth plainely for that Parliament was in the first of Henry the sixth and the first holden in his time and power given by Commission to the