Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	king_n	scotland_n	2,696	5	8.4241	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70545	The two great questions whereon in this present juncture of affairs, the peace & safety of His Maiestie's person, and of all His Protestant subjects in his three kingdoms next under God depend stated, debated, and humbly submitted to the consideration of Supreme Authority, as resolved by Christ.	Lawrence, William, 1613 or 14-1681 or 2.	1681 (1681)	Wing L693; ESTC R9	8,773	17

Heir may be Declared without Summons of the Collateral and that this doth sufficiently Exclude the Collateral from the Succession but this Declarator doth neither Exclude the Collateral Heir from Summons or Hearing for though the Parliament do not actually Summon or give him notice yet their Proceeding in Voting a Protestant Successor is so Notorious and Publick it gives sufficient and general notice in Law to all Persons pretending any Right and Liberty to address themselves to make their Claim and to be heard on the same and time likewise before it can pass the Negatives of the other House and the King Answ 2. This is Conform to the Judicial Proceeding in ordinary Courts of Justice wherein is allowed Admissio Tertii propter interesse The receit of a Third Person if he will address himself by Petition to have his Right heard Answ 3. This is Conform to the Proceedings in Fines wherein if the Party Interested will make his Claim he shall be heard But if he neglect it is his own fault and he is concluded by Non-claim and this is held just in private Rights much more ought it to be and greater necessity there is allowable Finem Litibus imponere in Publick Rights of so great Consequence as Successions to the Crown wherein it is sufficient if Liberty is allowed to Pretenders to make their Claims and to be heard though there be not those delays of Time and Formalities allowed as in Discussion of private Rights the same being inconsistent with the imminent Dangers of Kingdoms But an Act of Exclusion of Right neither allows notice in Deed or Law nor what time may without danger be allow'd for Hearing nor Admissio Tertii propter Interesse nor Claim to be made But takes away the Right of Parties interested sine facto aut defectu contrary to the common Rule Nemo debet rem suam sine facto aut Defectu suo amittere Obj. 7. An Act of Exclusion may be of any Person from Succession in Elective Kingdoms without Summons or Hearing But the Three Kingdoms are Elective Kingdoms therefore an Act of Exclusion from Succession may be without Summons or Hearing Answer It is acknowledged That the Kingdoms of England Scotland and Ireland and of all other Nations have been originally Elective by the People till by the assent of the same People the same were by Positive Laws made Hereditary And as to the Positive Laws of Great Britain not only the Common Law but the Acts of Parliament are full and clear in it That the Succession of the Crown is Hereditary to the King 's Eldest Sons is particularly enacted in the Statute 25 E. 8. cap. 2. De Proditionibus And by the Statutes of Kenneth the Third and Malcolm Mackenneth the Second as related by Buchanan Lib. 6. Rer. Scot. p. 191. 196. And Anno 10 H. 7. a Right profitable Act was made before Sir Edward Poynings then Deputy or Provost in Ireland whereby it is Enacted That all Statutes late made within the Realm of England concerning or belonging to the Common or Publick Weal of the same from henceforth be deemed Good and Effectual in the Law and over that be accepted used and executed within this Land of Ireland in all Points at all times requisite according to the Tenor and Effect of the same And Coke saith 4 Part 351. That Hill 10. Jac. Regis It was resolved by the two Chief Justices and Chief Barons That this word late in the beginning of this Act had the sense of before so that the Act extended to Magna Charta and to all Acts of Parliament of England made before this Act of 10 H. 7. And by consequence to the Act of 25 E. 3. cap. 2. So that by the Acts of Parliament both of England Scotland and Ireland nothing can be more clear than the making the Succession of all the Three Kingdoms Hereditary to the King 's Eldest Son So 1 Eliz. cap. 3. A Recognition is made by Act of Parliament that the Crown lawfully descended to Queen Elizabeth as the next Lineal Heir to H. 8. And 1 Jac. cap. 1. The like Recognition is made by Act of Parliament of the Descent of the Crown to King James as lawful Heir from H. 7. Unless therefore these general Acts of Parliament of England Scotland and Ireland so antiently made and the particular Acts of Recognition of two Protestant Parliaments so lately made all declaring the Succession of the Crown to be Hereditary be first repealed by new Acts this Objection That the Kingdoms are Elective contrary to both Common and Statute Law will signifie nothing Reasons for the Negative 1. It would be very dishonourable to the Protestant Religion and the Supreme Court which ought to give Example of Justice to Inferior Courts to do any thing Injust And though Parliaments in time of Popery De facto used to Exclude men of their Rights and Condemn them without Summons or Hearing and the same is continually practised by the inhumane Cruelty of the Romish Inquisition yet thanks be to God it never was nor we hope will be practised by any Protestant Parliament neither was it in time of War it self but there were always Commissioners of Claims to hear private Rights and if the Publick were necessitated to make use of them or to change private Property or Possession to Publick benefit they made according to Conscience full compensation in value to the Owners 2. The Exclusion of Princes from any Right without Summons and Hearing gives a Dangerous Precedent to Exclude all meaner Subjects from their Rights without Summons and Hearing neither is it possible Magna Charta and the Petition of Right if they fall as to one can stand as to the other 3. His Majesty and the Major part of Protestants in his Honourable Parliament will never assent to any thing Injust or Dishonourable It were vain therefore to attempt it 4. It will be inconsistent with Humane Society and destructive to Innocent and Guilty Papists and Protestants alike 5. It will give a pretence to Foreign Popish Princes and Inquisitions to justifie their barbarous Proceedings against Protestants beyond Sea 6. The Talio of a Legem quam Tuleras feras may in the Interval of a Parliament be return'd by the Prosecution and Power of Papists in publick Offices Military and Civil on any Member of Parliament as was on Tho. Cromwell Earl of Essex who sollicited and pressed the Judges to give an Extrajudicial Opinion that the Parliament might attaint a man of High Treason without Summons and Hearing which was soon after executed by H. 8. on the said Earl of Essex himself who solicited the said Judges to deliver such Opinion which shews that Malum Consilium est Consultori pessimum on which Coke 4 Part fol. 37. hath these words I had it of Sir Thomas Gawdye Knight a grave and Reverend Judge of the King's Bench who lived at that time King H. 8. commanded him to attend the Chief Justices and to know

very dangerous thing to Expose so great a Treasure as SALUS POPULI to such Disputes as nothing can resolve but the Sword when God hath vouchsafed so great a Mercy as a Protestant King and Protestant Parliament giving so great Hopes of satisfying all desires just honourable and necessary to publick Safety in Peace QUEST 2. Whether an Act of Oblivion ought at present to be granted both to the Lineal and Collateral Heir of the Crown and their Adherents Aff. Objections against an Act of Oblivion Obj. 1. If an Act of Oblivion should pass then will all the Prisoners in the Tower and other Prisons charged with Treason be again let loose All Jesuits Seminaries corrupted Judges Spiritual and Temporal Donatees Pensioners Seisers or Receivers of the Publick Treasure Magazines and Arms would be cleared from all account and restitution and Papists be in better Condition than Protestants Answ No Act of Oblivion useth to be without Exceptions which the King and Parliament may insert as it shall please to direct them Obj. 2. Papists though dispossessed of Publick Offices Forts and Fleets yet may retain their old and provide new Arms in secret for the Field which is more dangerous for the Forts will again open their Gates to him who Conquers in the Field and the Fleets return again to his Possession who takes the Sea Towns there can be no Security therefore against Papists but Banishment which cannot consist with an Act of Oblivion Answ 1. Banishment is not necessary of Lay-Papists seeing the Acts of Parliament have already banish'd their Priests and Jesuits and made it High Treason for them to come into or remain in England or Ireland without whose Diabolical Temptations there appears no reason why the Lay-Papist should not desire the Peace Safety of their Native Country their own Estates and to injoy their Conscience Liberty and Property as free from Violation as the Protestants do themselves rather than hazard all they have on the Event of Rebellion or Invasion Answ 2. Banishment is either imposed as a Punishment or a Policy if as a Punishment it is unjust and contrary to Magna Charta to Banish before Summons and Hearing for that will punish the Innocent and Guilty alike If the Banishment is for Policy this seems most unpolitick For first this inforces all Potent Papists to fly to a Foreign Enemy who is ready to receive and form them and their followers into an Army and to joyn his own Forces with them against their own Country 2. This gives them a good Cause or pretence to fight against their Country with Foreigners in a se Defendendo and for Recovery of their own and to associate themselves on the same or like Grounds as Protestants have associated 3. It is that which the subtle Jesuit desires to draw the unpolitick Protestant to that seeing he is himself Banished by the Law that an Army of English Papists may be Banished with him that so he may turn head with them on those who have made them desperate by the Injustice of making no distinction between the Innocent and Guilty and to take the Resolution of Vna salus victis nullam Sperare salutem Touching which Histories are full of Examples of Kingdoms destroyed by the Banishment of but one single Person and much more by drawing many into a wrongful Exile Very much more might be answer'd of the Danger of so deceitful an Expedient against Papists which for Brevity is here omitted Reasons for an Act of Oblivion 1. It being proved before That no Act of Exclusion ought to be without Summons and Hearing it necessarily follows that whosoever is Summon'd before any Judge to be heard he ought to have Protection eundo morando redeundo and Summons ad Forum non tutum may justly be excepted against and a Protection only eundo morando redeundo is insufficient to make Forum Tutum without an Act of Oblivion 2. It cannot be hoped that the Papists being in possession by their Agents of so much of the Arms and Forces by Land and Sea and the Protestant disarmed will deliver up their Arms and hazard their Lives on a Tryal of Law without an Act of Oblivion 3. Difficile est in tot humanis Erroribus sola innocentia vivere An Act of Oblivion may be as safe and necessary for the Protestant as the Papist unless they both intend to play off their Heads one to another alternis vicibus as they did in the late Civil Wars by the running of the Dice to make sport for Foreigners 4. Histories are full how all Intestine Discords Seditions Treasons Rebellions Civil Wars and in particular the late unhappy Civil Wars in the Three Kingdoms have been accorded and their Continuance prevented by Acts of Oblivion and the happy Restauration of His present Majesty and Peace in Three Kingdoms made and Established by the chief means next under God of an Act of Oblivion ERRATA Pag. 13. line 21. read shall please God to direct them