Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	pope_n	16,586	5	6.9376	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45197	Mr. Hunt's postscript for rectifying some mistakes in some of the inferiour clergy, mischievous to our government and religion with two discourses about the succession, and Bill of exclusion, in answer to two books affirming the unalterable right of succession, and the unlawfulness of the Bill of exclusion.	Hunt, Thomas, 1627?-1688.	1682 (1682)	Wing H3758; ESTC R8903	117,850	282

and Heir to the Duke of York Edward the Fifth succeeded by vertue of the same Act of Entail Richard the Third having got the Crown he was confirmed King by Act of Parliament which likewise Entail'd the Crown which was done upon two reasons pretended First for that by reason of a precontract of Edward the Fourth Edward the Fifth his eldest Son and all his other Children were declared Bastards Secondly for that the Son of the Duke of Clarence second Brother to Edward the Fourth had no right because the Duke was attainted of Treason by a Parliament of Edward the Fourth The Act of Parliament for Bastardizing the Children of Edward the Fourth was in force until repealed in the time of Henry the Seventh after his Marriage with Elizabeth the Daughter of Edward the Fourth Henry the Seventh comes in by no legal Title First because Edw. 4th his Daughter was then living Secondly his own Mother was then living In his first Parliament the Crown was Entail'd upon him and the Heirs of his body And observable it is that after the death of Elizabeth his Queen Daughter and Heir to Ed. 4th there is no notice taken of any right which was pretended to by Hen. 8. during his Fathir's life as being Son and Heir of his Mother who had the legal Right to the Crown by an ordinary right of Succession Henry the Eighth Succeeded who did as all his Laws speak derive his Title to the Crown by the Fathers side and not by the Mothers In his Reign the Crown was Entail'd thrice by Act of Parliament Confirm'd by the general Oaths both of the Spiritualty and the Lasty and it was made High Treason to refuse such Oaths and several Attainders were in his time by particular Acts of parliament of several persons who opposed such limitations of the Crown and the authority of the Laws that made them But the great Law of the three was made in the 35th year of his Reign Cap. 1. whereby power was given him to give and dispose by his Letters Patents or by Will the Imperial Crown of the Realm to remain and come after his death for want of lawful Heirs of Prince Edward the Lady Mary and the Lady Elizabeth to such person or persons in remainder or reversion as should please his Highness In which Act there was a Clause that made it high Treason to speak or write against that Act or to go about to annul or repeal it Besides there is another Proviso in that Act That if the Lady Mary should not keep such conditions which the King should declare by his Letters Patents or last Will the Imperial Crown should come to the Lady Elizabeth And if the Lady Elizabeth should not observe the same then the Crown was to go to such person as the King by his Letters Patents or last Will should limit and appoint By virtue of which limitation in the Act of Parliament afore-mentioned Edward the Sixth succeeded to the Crown and after him Queen Mary in whose Reign in an Act of Parliament for Conformation of the Articles of Marriage between her and Philip of Spain the Crown was again Entail'd but she dying without Issue the Lady Elizabeth became Queen who had been declared a Bastard as well as her Sister Mary in the life of their Father and therefore succeeded to the Crown by force of the Entail made in the 35 H. 8. Cap. 1. Pursuant to these Presidents in fact in the 13. year of the Reign of Q. Eliz. an Act of Parliament was made declaratory of the power of Parliament in the limitation of the Succession which made it highly penal to deny the Authority of an Act of Parliament for the limitation of the Crown Several persons in her time were proceeded against upon that Act and had the Judgement of Traytor and as Traitors executed for being contrary to that Law This Queen dying King James succeeded who was as the Statute of Recognition made in Parliament the first year of his Reign declares lineally rightfully descended of the most excellent Lady Margaret eldest Daughter of the most renowned Henry the 7th and the high and Noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the 4th the said Lady Margaret being eldest Sister of King Henry the 8th Father of the High and mighty Princes of famous memory Elizabeth late Queen of England It is further observable that upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of Emgland and Spain were entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament and the Pope's Bull. And by that Act of Parliament for confirming the Articles of Marriage Philip was created King and did exercise Soveraign Authority and particularly in making Laws together with the Queen the Stile of the Soveraign Assent to Bills in Parliament in their time being Le Roy la Roigne les veulent And likewise for that it was agreed by the States of both Kingdomes and the Low Countries it is therefore probable that it was the Universal opinion of the great men of that Age That Kings and Soveraign Princes by and with the consent of their States had a power to alter and bind the Succession of the Crown FINIS

when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which the Popish party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lies in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute-Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative Power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number When a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwal Sir E. Cook 8. R. was confirmed as they must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwal And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They also will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14. 36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed the 3. But if the King doth not call a Parliament once in a year he neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time too And for that he is by the Law intrusted with the calling of Parliaments he is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25 E. 3 cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm be ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and damage which thereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to our Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative Authority is nowhere to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power By the 13 Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliament in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d Henry the 7th thrice in the time of Henry 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Soveraign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the Authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and He his Title to the Crown of Scotland which drew to him the Imperial Crown of England For Robert Stewart first King of Scotland of that Family lived in concubinate with Elizabeth Mure and by her had three Sons John Robert and Alexander afterwards he Married Eufame Daughter to the Earl of Ross and after was Crowned King of Scotland He had by her Walter Earl of Athol and David Earl of Straherne When Eufame his wife died he Married Elizabeth Mure. After that by one Act of Parliament he made his natural Children first Noble that is to say John Earl of Carrick Robert Earl of Menteith and Alexander Earl of Buchquhane And shortly after by another Parliament he limited the Crown in Tail Successively to John Robert and Alexander his Children by Elizabeth Mure

pretends onely to foreclose him doth truly depose him It is insufferable that this man should impute to the House of Commons and the best People of England Diabolical Fiction the worst of all Jesuitical Equivocations and of endeavouring to make a colour to their perfidious and perjurious dealings for these reasons onely because we will not believe or take our selves to have sworn Allegiance to the Duke of York when we swore it to the King Because we will not allow that a Parliament of England which is the King Lords and Commons have no more to do with our Government than the Pope of Rome or that the Pope hath as much power to depose one of the Kings as the Parliament hath to punish a most obnoxious Subject This he dares address to the King and publish to the World He proceeds to presume and tell us that this at least must be granted that whosoever is by Bloud next Heir to the Crown we are by our Oath obliged before God to bear him Faith and true Allegiance nay to defend him against all attempts until he is disinherited by Act of Parliament and therefore says he whatsoever we do against him before this Act be fully established is a violation of our Oath and therefore the very attempt of voting and passing this Bill makes the actors and abettors Perjurers before God and the World Sure it will be allowed that this Gentleman is mistaken sure he doth not intend to speak Treason but hath a way of speaking which he will use by himself and will make Words stand for what he hath a mind to which Will and Pleasure of his this peremptory absolute man thinks himself not bound to explain though to save his Neck if he should be Indicted therefore of Treason which I desire he may and Arraigned too for the better clearing the matter if it be possible how we are now bound to bear Faith and true Allegiance to the Duke But he will sooner be Hanged than make out how a thing may be done Lawfully which is not Lawful to go about That the Duke of York may be Lawfully Dis-inherited but the Voting and Passing of the Bill must be Perjury May not he that is bound by an Oath to pay money desire a release from the Debt without Perjury Cannot all Civil Debts Duties and Contracts though confirmed by Oath be discharged by the Interested Person to whom the Duty is to be performed and for whose Benefit the Contract is made May not Kings by renouncing their Governments make the Oath of Allegiance cease to all effects of Obligation And cannot an Act of Parliament that shall disable a Successour equally prevent it from passing any Obligation upon us But shortly to explain of what Import and for what reason the words Heirs and Successors are put into the Oath of Allegiance and it is this That in case of the Demise of the King and the Devolving and vesting of the Crown upon the Heir and Successor the Oath that we took to the Predecessor by virtue of those Words laies hold upon our Consciences and obligeth us to him from the first minute of his Reign but not before and so we are not one minute free from the Bonds of our Allegiance This being the scope of the Law that requires it and of the Oath it self it must likewise be by that interpreted for finis discendi est ratio dictorum and an Oath doth not oblige as this or that man would interpret neither according to the vulgar or technical use of the Word but in such a sense as is adaequate and agreeable to the Intent and End of the proposing and requiring it But by what is said before it appears that we are not yet under the Obligation of that Oath to the Duke and that it is in the Pleasure and Power of the Parliament whether we ever shall be our Comfort is whatever he thinks that there is a great difference between Hopes and Enjoyment And further it appears that the Heir Apparent is but equivocally and in a less proper sense so and yet this Considerer who if he be not a perfect Atheist and serves a turn in this Paper must be a Papist in his heart according to the Modesty of the Gentleman chargeth us with Jesuitical Equivocations in the Oath of Allegiance while in the mean time he is equivocating the King out of his Throne shifting the Duke into his place by an aequivocal Abuse of the word the coursest slight that ever was used by any Hocus Pocus or any Pretender to Legerdemain And yet upon the Confidence of these weak and mistaken Reasonings he presumes to arraign the House of Commons of the greatest Injustice and Iniquity and would have us apprehend Slavery the Arbitrary and Despotical Power of Parliaments The loss of all Security either of Property or Liberty by a prevailing Faction of Parliament which he will be able to effect at the same time when he can perswade us to dissolve the Polity and exchange the best and safest Government into an Anarchy To be without Judges for fear of unrighteous Sentences and without a Power of Legislation for fear of Laws of Iniquity But it is not a new thing for obnoxious Criminals and Out-laws to turn Rebels against Government What this man is and what the Cause is he Espouses is declared sufficiently in that he hath no better ways of Advocation and Defence than by Opposing and Reviling the Government it self and he that dares revile the Government would if he had Power Destroy it In that he calls the major part of the House of Commons a Prevailing Faction I challenge him Guilty of the Highest Treason of a Treason not onely against this Government but of a transcendent Treason of a Treason virtually against all mankind for that we cannot subsist without Polities and no Polities can subsist but by deference to the results of the Governing Power which is Interpretatively in the resolves of the major part But he proceeds to question whether by the Constitutions of this Government the Parliament can extend their power to shut out the Duke from succeeding to the Crown for admitting he means That it is Just which we will not accept of as a voluntary concession of this Considerer for that it doth appear not onely Just but highly necessary to exclude the Duke by Bill he will then draw it into question Whether there be any competent power in the Government for doing a thing not onely just but absolutely necessary for the preservation of the King and Kingdom Whether there be any Subject too great for Justice or any private Right that is not governable and may not be ordered as to the Legislature shall seem necessary to the preservation of the whole Whether that which is properly the Right of the Community for so is the Succession may receive no alteration in a single instance for the Weightiest Reasons and whether he that declares that he will not Govern but Destroy