Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	homage_n	king_n	scotland_n	5,122	5	9.5324	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26169	The fundamental constitution of the English government proving King William and Queen Mary our lawful and rightful king and queen : in two parts : in the first is shewn the original contract with its legal consequences allowed of in former ages : in the second, all the pretences to a conquest of this nation by Will. I are fully examin'd and refuted : with a large account of the antiquity of the English laws, tenures, honours, and courts for legislature and justice : and an explanation of material entries in Dooms-day-book / by W.A.	Atwood, William, d. 1705?; Atwood, William, d. 1705? Reflections on Bishop Overall's Convocation-book.	1690 (1690)	Wing A4171; ESTC R27668	243,019	223

Salus Populi the preservation of Three Kingdoms is concern'd and in danger If then an Alteration of the Course of Descent in case of Necessity is so far from a Change of the Constitution that 't is by vertue of the Chief Fundamental Law the Salus Populi I hope it will be allowed That the Representatives of the People have upon the Vacancy of the Throne from a former Possessor which he yields to have been in the Case in question a right to judge wherein their own Safety lies Otherwise they have a Law of which they can have no benefit And since our Representatives have made so wise a determination they that do not submit to it may well be lookt upon as Persons who abdicate themselves from the benefit of this Government Nay further the Doctor confesses that for his part he knows no Law against the possibility either of a Vacancy in the Throne or an Interregnum in extraordinary Cases such as himself yields ours was But the remaining Question is Whether the Convention shewed that they meant such a Vacancy as caus'd an Interregnum Their Words as he observes are these P. 38 King James the second having Abdicated the Government and the Throne being thereby vacant So far he is in the right That the Convention went upon the Supposition of a Vacancy but their supposition did not make one neither did it make an Abdication But 't is evident that the supposition of the Vacancy as Consequent upon the Abdication was the Ground of setling the Government as it is and that they look'd upon the Vacancy as more than a freedom from the last Possessor appears by their preferring His Majesty in the Settlement Which preference had been justifiable even according to what the Doctor receives tho this King had not been of the Blood-Royal But for a farther Evidence The Stat. 1 W. M. for reviving of Actions and Process lately depending in the Courts of Westminster and Discontinued by the not holding of Hillary Term and for supplying other defects relating to proceedings at Law Consid touching the Oath in the Title page that the Throne was absolutely Vacant in the eye of the Law and so judg'd and declar'd to all Men by the Convention and Their Majesties concurring in a Parliamentary Act The Doctor may please to consider the Statute for Supplying defects relating to proceedings at Law Which provides that for Crimes committed between the 11 th of December and the 13 th of February following Informations or Indictments shall have only the year of our Lord God instead of the year of the King's Reign And where Conclusions used to be contra pacem Domini Regis they shall conclude contra pacem Regni Let not Divines therefore go to argue us out of our Government but let them submit to that Rule which Dr. Whitby cites Optima regula quâ nulla est verior aut firmior in jure neminem oportet esse sapientiorem Legibus Object 2 'T is urged That the Hereditary Right contended for has not been interrupted by the Peoples Elections so often as it should seem by the Breaches in the Succession for that many who came in before them who stood next were Testamentary Heirs of the appointment of the Predecessor Which argues an Inheritance in him that Disposes And Dr. Brady thinks he produces an Example Brady's Hist of the Succession f. 8 9. where the Election of the People was bound and limited by the nomination of the Predecessor But if he had duely weighed the Presidents of this kind he might have understood That an Election without a Nomination had full effect while a bare Nomination had none And he might have learnt from Grotius That among the Germans from whom we descend Kingdoms did not use to pass by Wills and that Wills were but Recommendations to the Peoples Choice but not Dispositions Mezray in the Life of Clotair 2. And that thus it was in France appears by their Historian Mezray who shews That anciently the King 's of France were chosen out of the Royal Race But that Three Conditions were ordinarily requir'd 1. Birth for they were to be Legitimate 2. The Will of the Father 3. The Consent of the Great Men which commonly used to follow the other two Object 3 I find it urged That as anciently as the time of E. 3. the Realm declared Vid. Debates about Deposing That they would not consent to any thing in Parliament to the Disherison of the King and his Heirs or the Crown whereunto they were Sworn Answ If any colour of evidence can be produced that the Subjects of England so early as that Swore Allegiance to the King and his Heirs this were to the purpose Knighton f. 248. Indeed I find that before this 24 E. 1 a Foreign Prince the King of Scotland Feudatory to the Crown of England did Homage to the King and his Heirs but the like not being exacted of the Subjects of England till particular Acts whereby the Crown was setled it argues strongly as indeed appears from the Subject matter That the Homage paid by a Foreign Prince was due to none but the present King and his Successor to the Kingdom whoever was next of Blood And by parity of Reason the Disherison of the King and him her or them who succeeded to the Crown was all that could be referr'd to when they urged the Obligation of their Oath to the King and his Heirs or the Crown Which appears farther Leges Sancti Edwardi tit Greve Conjurati fratres ad defendendum Regnum c. honores illius omni fidelitate cum eo servare So Leges W. 1. tit De Fide obsequio erga Regem Quod Willielmo Domino suo fideles esse volunt honores illius c. defendere Bracton Lib. 2. Cap. 29. not only from the old Oath of Allegiance to which they must needs have reference whereby they are bound to defend the Rights of the Crown but even from the Matter then in question which was not of the Right of Succession but of a Flower of the Crown Bracton puts this out of Dispute when he tells us That Inheritance comes not from an Heir but an Heir from Inheritance And that Inheritance is the Succession to all the Right which the Predecessor had by any sort of Acquisition Vid. Sir P. P. As Successors are Heirs so Dr. Brady tells us Gloss f. 18. That Prepossessor one that possessed the Land before the present possessor without any relation to Blood or Kindred is Ancestor in Doomsday and in the Writ de Morte Antecessoris Sir P. P's Obligation of Oaths f. 302. F. 298. F. 300. With Bracton agrees the Civil Law Haeredis significatione omnes significari successores credendum est etsi verbis non sint expressi By Heirs we are to believe all Successors to be signified altho' not expressed in words And again Nihil est aliud haereditas quam Successio in universum jus

TO proceed to the Reign of H. 3. who was Crown'd by a Faction at Glocester while Lewis was in possession of London the Metropolis of the Kingdom That he came not to the Crown as Successor in an Hereditary Monarchy but upon a plain Election and Compact with part of the Nation at least in the Name of the rest who would come in under those terms may be prov'd beyond contradiction For tho' in the Language of the Homilies King John were Natural Lord to the Subjects of England yet as Arthur who was the next in the Line to King John's Predecessor had the Right of Blood Mat. Par. f. 278. as far as that could operate before King John which he insisted on in the Fourth of that King's Reign even while he was his Prisoner the same right had Eleanor Arthur's Sister all the remainder of King John's time and for some years during the Reign of H. 3. 2. The Father came to the Crown by virtue of a Free Election of the People as the Archbishop of Canterbury told him at his Coronation wherefore his Election could not invest him with more than a Personal Right unless more were express'd at the time But the Archbishop Hubert Mat. Par. f. 264. 1 Johan Audite universi noverint discretio vestra quod nullus praevia ratione alii succedere habet in regnum nisi ab universitate regni unanimiter invocatâ spiritus gratiâ Electus secundum morum suorum eminentiam praeelectus who spake in the name of the Community was so far from giving the least Umbrage to a Right that might extend to Heirs that he affirm'd That no man is Intituled to succeed to the Crown upon any other account previous to the unanimous choice of the Kingdom except only the eminence of his Virtue And being afterwards ask'd why he took such freedom of Speech He declar'd That he foresaw and was assur'd by Ancient Prophecies That King John would corrupt the Kingdom and Crown of England and precipitate it into great confusion And he asserted That he ought to be minded of his coming to the Crown by * Ne haberet liberas hab●nas hoc faciendi Election not by Hereditary Succession least he should take a liberty to act as he fear'd 3. Since therefore what the Archbishop fear'd came to pass and that Contract in virtue of which King John assum'd the Royal Scepter was notoriously broken How can it be thought that a Right devolv'd upon his Son H. 3. especially considering the interruption that was made by a Choice of Lewis tho' not Universal I must confess there is no Evidence occurring to me that Lewis was ever Crown'd here yet considering that the Coronation as is agreed by most is but a Ceremony the bare want of it would not the less argue a breach in the Succession since the sounder part of the people took the benefit of that Forfeiture which King John manifestly made and if nothing but an Universal Concurrence in this could justify withdrawing Allegiance from him then it is hardly possible for any resisting of Tyranny to be lawful at the begining and he who is forwardest in the Cause of his Country must be always a Criminal But being there is a deep silence as to Lewis his Coronation Mat. Par. Illico Coronandus tho he was promis'd by the Barons at London to be Crown'd immediately upon his coming over I take the reason of the silence in this matter to be That if he were Crown'd in form it was by the Laity alone because the Pope was fast to the side of King John and his Son and Lewis lay under a Papal Sentence of Excommunication so that the Clergy durst not Communicate with him in those Acts of Religious Worship which accompany Coronations But these Ceremonies being to be performed by Clergy-men 't is most probable that the Laity contented themselves with the Substance and left those Ceremonies for a more convenient time But that Lewis was in Possession of the Crown and the Regalia is to be believed as London with the Tower where they us'd to be lodg'd had not only been in the Possession of his Friends from the beginning but held so till the second Year after H. had been Crown'd as it is to be presum'd with a Crown made for that purpose Whether Lewis were Crown'd or no he was as fully received by them that had withdrawn their Allegiance from King John as if he had been Crown'd and reciprocal Oaths past between them And he was so far lookt on as King Mat. Par. that Alexander King of Scots swore Homage to him for the Lands he held of the Crown of England But certain it is as the Circumstances evince that there were at least three Express and Binding Contracts which H. 3. entred into with his People either beyond or rather explanatory of what is included in the Coronation-Oath and which H. 3. was bound to observe as he would be King of England and these besides several Confirmations of the Great Charter purchas'd with the Peoples Money and one of the Grants of Aid so particularly Conditional that Treasurers for it were appointed in Parliament and the Money was to be returned upon the King 's not performing the Conditions of the Grant 1. The First Contract which I shall observe was that which Lewis perhaps induc'd to it by the Money which he borrowed of the Londoners oblig'd H. to before he would quit his Pretensions So that one was plainly the Condition of the other and as the Civilians have it ran into the other by way of Mutual Consideration Vid. inf Lewis for the reasons which I before touch'd upon finding his Interest daily decline thought good to come to terms with Henry whereby Lewis oblig'd himself by Oath to withdraw from England Mat. Par. fol. 400. with all his Followers never to return and to use his endeavours that his Father might restore all the Rights of the Crown of England which he had seiz'd on beyond Sea In consideration of which Henry the Earl Marshal of England and the Pope's Legat F. 423. N a. Discord not Rebellion f. 431. swore to the restoring to the Barons of England and all others all their Rights and Liberties for which there had been Discord between King John and his Barons This Agreement with Lewis the Great Council of the Nation afterwards insisted on 7º H. 3. when they urg'd a Confirmation of the Great Charter which they obtain'd not till 9º of that King 2. The Second particular Contract was that of which the Great Council or Parliament 28º H. 3. mind him and of which they then after much strugling purchas'd a Confirmation According to this among other things 28 H. 3. referring to 20. f. 864. Four Great Men were to be chosen by Common Consent as Guardians of the Kingdom to be the standing Council about the King with a very large Trust reposed in them The Chancellor Treasurer and