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A26176 Proposals for printing the fundamental constitution of the English government Shewing the antiquity, nature, and excellence of the English monarchy; how the liberties of the nation have been preserv'd thro' the several revolutions in it: what the bounds set to the prerogrative of the Prince, and privileges of the subject; and what harmony the constitution has kept between 'em. By William Atwood of Grays-Inn, Esq; Atwood, William, d. 1705? 1695 (1695) Wing A4177A 3,244 5

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PROPOSALS For PRINTING THE Fundamental Constitution OF THE English Government SHEWING The Antiquity Nature and Excellence of the ENGLISH MONARCHY how the Liberties of the Nation have been preserv'd thro' the several Revolutions in it What the Bounds set to the Prerogative of the Prince and Privileges of the Subject and what Harmony the Constitution has kept between ' em By William Atwood of Grays-Inn Esq SOON after the Accession of His Present Majesty with his late Royal Consort of blessed Memory to the Imperial Crown of this Kingdom was the First Part of the above-mentioned Treatise published Of which possibly the less notice has been taken because the Writers against this Government have thought it more prudent to enter the Lists with them who grant their Premises than with one who disputes every Inch of Ground with 'em nor fears to deny Principles long receiv'd when he can trace 'em to their corrupted Fountains Most of the First Part having been some time since disposed of and the Second and Third being ready for the Press the Vndertaker intends to have the two First Printed together by the End of the next Easter-Term at the farthest and the Last by the Beginning of the next Michaelmas-Term with an exact Index to the Whole The First Part among other things shews I. That this Kingdom was founded in Contract and explains that Contract with its Natural and Legal Consequences II. Gives an Impartial Representation of the Publick Acts of the People of England in Assertion of what they held to be their Right and more particularly of the Barons Wars in the Reigns of King John and H. 3. III. Instances are brought of the Claim and Exercise of the like Powers by other Descendants from the Old Germans IV. The Antiquity and Power of those Tribunes of the People Earls Palatine Lords High-Constable High-Steward and Earls Marshal are touch'd upon V. Many Arguments are brought to evince that this Monarchy is in some sort Elective VI. An Account is given of the Titles of H. 6. E. 4. H. 7. H. 8. of H. 8's various Settlements of the Crown and the Effects of 'em in relation to the Queens Mary and Elizabeth and to King J. 1. VII The Antient Authority of Conventions of the States of the Realm is vindicated The Second and Third Books prove at large That William the Bastard as his own Charters stile him was in no Sense now commonly received a Conqueror of England either at his first Entrance or after nor ever pretended to it or acted like a Conqueror Wherein what has been urg'd by Dr. Brady and the Author of Elementa Politica since published under the Title of Vindiciae Regiae with other late Writers to prove their Title to Slavery is fully considered and refuted Particularly in the Second Book it is shewn I. That William 1. being qualified for an Election was in the Life-time of Edward the Consessor chosen to succeed him and that duly according to the Law of Succession to the English Hereditary Monarchy The Foundation of which is prov'd to have been laid by the West-Saxon King Ina Anno 699 more truly than by Egbert Anno 800. II. The Law of Succession and Nature of the Inheritance in the Crown of this Realm is shewn and explain'd by a Law pass'd in a General Council of this Nation prior to the Fixation of the Monarchy though subsequent to the Foundation of it By King Alfred's Will the Rituals for the Coronations of Kings of the Saxon and Norman Race and by undoubted Records and the most antient Histories and Law-Books III. The Case of the Mortgage in Fee to the late Bankers of part of the Inheritance of the Crown is impartially considered IV. It is shewn That W. 1. did not by his Victory over Harold or others break the Force of England V. That he was in a proper Sense chosen by the People of England as well after his Landing as before and truly made a Contract with 'em both before and at his Coronation and renew'd that Contract more than once VI. From comparing his Real Title with the Vsurpation of Harold occasion is taken to set the Controversy about King de jure and de facto in its true Light VII That Property was throughout the Reign of W. 1. preserv'd upon the Saxon Bottom is demonstrated from Doomsday-Book that great Record of his Reign yet to be seen in the Exchequer from some of his Charters and Writs and the best Writers of and nearest those Times VIII The same is confirm'd from the large Omissions out of the Entries in Doomsday-Book Which Omissions are shewn to have been greater and upon other Grounds than Dr. Brady and others have supposed IX Upon examining the Lists of Tenants in Capite or holding of the Crown in Chief enter'd in Doomsday-Book within three Counties near London it is reasonably concluded that the Majority of Tenants in Chief throughout the Kingdom were Saxons and others settled here before the Time of W. 1. X. It is shewn by the List of the King's Tenants in the three Ridings of Yorkshire that in Parts of the Kingdom remote from London few of the Owners of Land are to be thought Normans or other Followers of W. 1. XI It is shewn That many of the English Saxons were Barons throughout his Reign that some continued in great Offices both in Church and State and were Witnesses to his Charters pass'd in Parliament or elsewhere longer than they who argue for a Conquest will allow XII That English Saxons continued Earls for some Years after his Entrance nor did he take Life or Honour from any one of 'em without legal Trial. XIII That Counties Palatine were held by the Saxon Right of Succession XIV An Account is given of several Saxon Families which continued considerable all his Reign and long after XV. It is shewn by particular Instances and by way of Supplement to Sir William Temple's ingenious Book on this Subject That the general and tragical Expressions of some of the old Monks concerning his Reign are to be taken with Limitations XVI It is made evident That the Saxon Law was the receiv'd Rule of his Government nor was any Change of that Law made in his Time by Parliament or otherwise to the Prejudice of the English Nation XVII That he made no Alteration as to the Form or Power of the Great Council of the Kingdom In the Third Book it is shewn I. That neither W. 1. nor any of his Successors made any general Laws without the Consent and Authority of the Great Council or Parliament and that the Pretence to a Legislative Power without such Consent and Authority was always fatal to the Pretenders II. That neither he nor any of his Successors for many Descents ever pretended by their sole Authority to dispense with Common or Statute Law and that the Dispensations of more Modern Times have been under considerable Restrictions III. That the Constitution has given bounds to the Pardoning Power and that no Pardon unless pass'd or ratified in Parliament can defeat an Impeachment or qualify one to be a Witness whom the Law had disabled IV. That the Supream Judicial Power under the King both ordinary and extraordinary has resided with the Peers of the Realm that their ordinary Power such as us'd to be exercis'd out of Parliament is discontinued but the extraordinary remains with some Limitations occasioned by their Modern Practice in some Cases and Desuetude in others V. That the Law of the Kingdom as well as the Canons of the Church limits the Jurisdiction of the Spiritual Lords to Cases not Capital VI. That the Lives of the Subjects were never at the absolute Disposal of the Prince in Times of Peace or War And as the Equality of the Trials of Commoners has been preserv'd from before the Reign of W. 1. to this day so was that of Peers till the Trial of the Earl of Warwick by a cull'd Number of Peers in the Time of H. 7. VII An Account is given of the Antiquity and Distinctions of the Baronage or Barnage of England VIII It is made evident against all Objections that the Commons were always from the Beginning of this Monarchy essential and very significant Members of the Great Council or Parliament and for the most part till the latter End of the Reign of H. 3. Proprietors of Land as such came to the Great Council in their own Persons IX That Cities and Boroughs came by Representation from the Times of their respective Erections and that probable Grounds may be assign'd for their having Representatives while the others came in their Personal Right X. That the Kings of England have several great and useful Prerogatives and that Common and Statute-Law have made due Provision for their Safety Honour and Supply PROPOSALS I. THIS Book shall contain about Three hundred Sheets II. In regard of the great Expence that the Author has been at for Manuscripts and Records and that the Margins are very full of Quotations they are propos'd at 30 s. compleat in Quires 15 s. to be paid in Hand 10 s. more at delivery of the First and Second Books and 5 s. more at delivery of the Third III. Every Person who will subscribe for six Books shall have a seventh Gratis IV. The Subscribers are desired to make their Payments to the Undertaker John Salusbury at the Rising-Sun in Cornhil Where the Proposals are to be had