Selected quad for the lemma: england_n
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A84082
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Animadversions on a book called, A plea for non-scribers. By Ephraim Elcock.
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Elcock, Ephraim.
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1651
(1651)
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Wing E325; Thomason E636_2; ESTC R206574
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62,788
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67
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our ancient Chronologers for immediately before the passage they quote he acknowledges that before Richards Coronation most writers call him not a King and then he holds that Sycophantical glosse which Non-scribers make use of A Lawyer and that a friend of their own tells us from Walfingham a farre more authentique Historian then the Merchant-Taylor that in the Coronation of Richard the 2d when the King had taken his Oath Archiepiscopus praecedente eum c. the Arch Bishop Henry Percy the Marshal of England going before him turned himself to all the parts of the Church and acquainted the people with the Kings Oath asking them whether they would obey such a Prince and it was answered by all the people with a loud voice that they would which custom saith he hath bin constantly before and since observed And another of his profession saith Soveraign power of Parliaments part 1. p. 75. That the King ought to take his Oath before he should require his Subjects homage when any Subjects have sworn homage before the King had done his homage sworn fealty to the State Law it hath been observed by Historians as some kind of Comet or Prodigy in State-politiques so that notwithstanding Rights of the Kingdom p. 32 that for peace sake the next of the blood hath usually succeeded yet he could not require homage before he had first sworn to the Lords the Commons consâ—quently hath his Kingly bâ—ing from that stipulation He cannot then be coordinate with them whose swearing obedience to the Lawes they shall chuse gives him his Kingly power and dignity 3. Lex Rex quest 21. p. 177. 178. Those who make a King and have power to unmake him in point of misgovernment must be above the King in point of Government But the Parliament makes Kâ—ngs and Kings make not Parliaments the Kings power is fiduciary and put in his hands upon trust and must be ministerial and borrowed from those who put him in trust his power must then be lesse When the King hath received power from them they have the whole power they had before that is to make Lawes and resigned no power to the King but to execute Lawes and his convening them is an act of royal duty c. Lex Rex quest 24. p. 210. all this is Mr. Rutherford's and therefore should take more with Non-scribers And again the Parliament is coordinate with the King ordinarily but the coordination on the King's part is by derivation on the Parliaments part originaliter and fontaliter In ordinary there is a coordination but if the King turn tyrant the Parliament is to use their fountain power and that of the Law Par in parem non habet potestatem is no better from his pen saith Mr. Rutherford that is from the excommunicate Bishops of Rosse then from Barclay Grotius Arnisaeus Blackwood c. We hold the Parliament that made the King at Hebron to be above their Creature the King See then Reader who are the Patriarchs and Prophets of Non-scribers fast Cavaliers excommunicated Prelates But what say Non-scribers to this Argument Even run themselves into the height of Cavalierisme Appendix p. 35. The Authour of the Engagement vindicated saith the people chuse their Representatives and they set up Kings who are therefore meerly the peoples Creatures depend upon continuation of their pleasures Ejus est instituere cujus est destituere To this they answer This is spoken as if it were undeniably true that Kings with us have been wont to be set up by the Representatives of the people but we have neither seen nor read of any such custome in England we have not any one president of a King created meerly by a Representative Is this their knowledge of Histories to which they send us elsewhere for satisfaction Sir Thomas Smith calls the Parliament the Representative body of all England wherein every Englishman is presumed to be either by himself or by his Proxie And many Kings have been made by this Who made William the first King his Conquest Non-scribers will say was no just title the right successive heir of the Crown Edgar Etheling surviving who made William the 2. and Henry the 1. Kings while their elder Brother Robert was alive What Title had King John by succession as long as Arthur and Anne the Children of his elder Brother George Frey Duke of Brittain lived the latter of which Anne lived in the Reign of Henry the third Son of John The Arch-Bishop Hubert at the Coronation of John spake thus Noverit discretio vestra c. Be it known to your discretion that none hath right or any fore title to succeed another in a Kingdom unless first he be with invocation for grace and guidance of Gods spirit by the body of the Kingdom thereunto chosen Soveraign power of Parliaments part 1. p. 54. Rights of their Kingdoms p. 70. So Mr. Prinne out of Hoveden to which all the Assembly consented scientes quod non sine causa sic defini verat as the Authour of the rights of their Kingdom out of Matthew Paris and Wendover compared with Hoveden and others which Authour tells us that if Bracton and Fleta 2 ancient Judges may be made Judges of our Kings Titles they will tell us that in their times our Kings were elective And one of them lived in Henry the thirds time the other soâ—ewâ—at after Edward the 3. was made King by the same power that his Father was deposed by and what that was Speed Ed. 2. S. 74. Speed will tell you the sentence was pronâ—unced by William Tâ—ussel of all the men in England and of the Parliament Procurator Fractus Temporum part 7. Rich. 2. Henry the 4. was chosen and made King of England by the people for the rightful manhood they found in him as the old Fructus Temporum But to conclude who made Henry the 7. King not succession for by his Father he was a meer stranger to the Royal Line and by his Mother of such a â—prout of the Family of Lancaster as was excluded from succession to the Crown by that Law which made it capable of succeeding to ordinary Inheritances Speed Hen. 7. S. 1. as Speed confesseth By his wife he had it not for he exercised all the Acts of Royal Power before he was married His Conquest Non-scribers will deny to be a Title it must then follow Speed Rich. 3. S. 53. that it was from the Parliament he had his Title unless they will say with Speed he had it by election of the people in the field at Bâ—sworth But I believe Non-scribers will say that Act was more valid which was done by an orderly Parliament then that which was done by the Souldiers in the height and heat of their victory If they have not seen or heard these things they are strangers in English History But it was not the obscurity of these things in our Histories that made