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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

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some colour are R. 1. and E. 1. which singular Instances will be so far from turning the Stream of Precedents that unless the Form or Manner of Recognising their Rights as Hereditary be produc'd the Presumption is strong that the Declarations of the Conventions of those Days or the Peoples acquiescing upon the Question Whether they would consent to the King in nomination or both made even their Cases to be plain Elections And of these two Instances Walsingham f. 1. perhaps one may be struck off For tho Walsingham says of E. 1. They recogniz'd him for their Liege-Lord that does not necessarily imply a Recognition from a Title prior to their Declaration for which way soever a King comes in duly he becomes a Liege-Lord and is so to be recogniz'd or acknowledg'd and that the Title was not by this Author suppos'd prior to the Recognition appears in that he says Walsing ib. Paterni honoris successorem ordinaverunt They ordain'd or appointed him Successor of his Father's Honour And yet his Father Sir P. P. Obligation of Oaths f. 295. to secure the Succession to him had soon after his Birth issued out Writs to all the Sheriffs of England requiring all Persons above Twelve Years old to swear to be faithful to the Son with a Salvo for the Homage and Fealty due to himself Indeed of R. 1. the Historian says Walsingham Ypod Neustriae f. 45. He was to be promoted to the Kingdom by Right of Inheritance yet the very Word promoted shews something that he was to be rais'd to higher than that Right alone would carry him which he fully expresses in the Succession of E. 2. Walfing f. 68. which he says was not so much by Right of Inheritance as by the unanimous Assent of the Peers and Great Men. Which shews that ordinarily they respectively who stood next in Blood might look for the Crown before another till the People had by their Choice determin'd against them This appears very fully by the Commissions issued out for the taking the Oath of Allegiance to E. 1. both in England and Ireland after the People of England had agreed in his absence to receive him for their King The Commission or Dedimus for Ireland Claus 1. E. 1. m. 20. De conservatione pacis in Hibern runs thus Cum Angliae Gubernaculum terrae Hiberniae dominium successione hereditariâ nobis pertineant ob quod Praelati Comites Proceres ac Communitas regni nobis tanquam domino suo ligio regi fidelitatis juramenta omnia alia quae nobis ratione Coronae dignitatis regiae ab ipsis fieri aut praestari nobis in absentiâ nostrâ potuerunt plenariè sine omissione aliquâ prompto libenti animo praestiterunt ac vos tanquam Regi Domino vestro ligio consimile Sacramentum fidelitatis praestare teneamini c. Dat. 7. Decemb. Here the Lords and Commons by whose direction the Commission was sent to Ireland in the King's absence acted without staying for Powers from him they own indeed his coming to the Crown by Hereditary Succession and that by reason of that Inheritance or his standing next to his Father they had sworn Allegiance to him yet they say they had done it prompto libenti animo voluntarily which tho it does not necessarily imply a free choice leaves room for the admission of it And he that observes the Dedimus for England may see that this ordinary Right of Inheritance was not lookt on as enough to constitute him King without the consent of the Proceres Regni which in the Language of that time took in the Commons Vid. Jan. Ang. fa. Nov. Jus Anglorum ab Antiquo Vid. etiam 2 part inf as I have elsewhere shewn and appears not only by the enumeration in the record for Ireland of the Parties who received and swore to him as their King But even by the Dedimus for England which says the Magnates Fideles caus'd his Peace to be Proclaim'd So much of the Record as is material here follows Claus 1. E. 1. m. 11. Quia defuncto jam celebris memoriae Domino H. Patre nostro ad nos regni Gubernaculum Successione hereditaria ac procerum regni voluntate ffdelitate nobis praestita sit devolutum per quod nomine nostro qui in exhibitione justitiae pacis conservatione omnibus singulis de ipso regno sumus ex nunc debitores pacem nostram dicti Magnates Fideles fecerunt proclamari Here the said Proceres are brancht into Magnates Fideles Lords and Commons and their Consent and Swearing Allegiance is join'd with the Succession as the per quod or ground of the King 's becoming a Debtor for exhibiting Justice and preserving the Peace as King of England What I have here shewn of E. 1. with that under the Sixth Observation giving an account of the Peoples forwardness in swearing Allegiance to H. 5. abundantly confutes the Inference from the Allegiance sworn to those two Kings Elementa Politica p. 12. made by the Author of Elementa Politica in these words We may observe that the Kings of England are in full Possession of the Crown immediately upon the Death of their Predecessors and therefore King Edward 1. and H. 5. had Allegiance sworn to them before their Coronation whence says he it follows that as swearing does not make them Kings so neither can Perjury tho truly objected unmake them again He instances also in King John but surely cannot pretend that he had any Right before the Peoples immediate Choice to which the Arch-bishop told him that he ow'd his Crown And if the People swore first yet 't is certain it was not till he had been received as King of England which implies the terms exprest in the Oath Bromton f. 1155. So Hoveden f. 656. But to return to R. 1. 't is observable That he was not called King here but only Duke of Normandy till he was Crown'd which next to the People's Choice was in great measure owing to his Mother's Diligence For he being absent at the Death of his Father his Mother who had been releas'd out of Prison by his means to secure the Succession to him went about with her Court from City to City and from Castle to Castle and sent Clergy-men and others of Reputation with the People into the several Counties by whose Industry she obtain'd Oaths of Allegiance to her Son and her self from the People in the County Courts Bromton f. 1159. as it should seem notwithstanding which the Arch-bishop charg'd him at his Coronation not to assume the Royal Dignity unless he firmly resolv'd to perform what he had sworn To which he answered That by God's help he would faithfully observe his Oath Hoveden f. 656. And Hoveden says That he was Crown'd by the Counsel and Assent of the Archbishops Bishops Earls Barons and a great number of Milites
Honour Nature and Dewtie an inordinate seditious and slaundres Act was made agayns the most famous Prince of blessed memory Kinge Herrie the Sixte his Vncle in the Parliament holden at Westminster the fourth day of November the first Year of the Reigne of Edward the Fourth late King of England whereby his said Vncle contrary to due Allegianee and all due Order was attainted of High Treason Wherefore our same Soveraigne Lord by the Advice and Assent of the Lords Spirituals and Temporals and Comines in this present Parliament assembled and by Auctoritie of the same ordeineth enacteth and establisheth that the said Act and all Acts of Attainder Forfaiture and Disablement made or had in the said Parliament or else in any other Parliament of the said late King Edward ayenst the said most blessed Prince King Herrie or against the right famous Princess Margaret late Queen of England his Wife or the right victorious Prince Edward late Prince of Wales Son of the same blessed King Herrie and Margarett Jasper Duke of Bedford late Earl of Pembroke or Herrie late Duke of Somerset the which Jasper and Herrie late Duke of Somerset for their true and faithful Allegiances and Services done to the same blessed King Herrie were attainted of High Treason or any of them by what Name or Names they or any of them be named in any of the said Acts be ayenst the said blessed King Herrie Queen Margaret Edward late Prince and the same Dukes and the Heirs of every of them void annulled repelled and of no Force ne Effect N. X. Vid. CAP. F. 103. SAnctissimo in Christo Patri Domino Claus 3. E. 1. m. 9. Cedula In a Letter to the Pope Domino G. divinâ providentiâ Sacro-sanctae Romanae Ecclesiae universalis Ecclesiae summo Pontifici Edwardus ejusdem gratiâ Rex Angliae Dominus Hiberniae Dux Aquitaniae Cum reverentiâ honore salutem pedum oscula beatorum Mandavit nobis olim per literas Apostolicas quas pronâ mentis devotione recepimus vestra sanctitas reverenda ut annuum censum in quo Sacrosanctae Rom. Ecclesiae ratione Regni Angl. pro octo praeteritis annis asseritis nos teneri venerabili vestro Magistro R. de Nogeriis Capellano vestro assignari liberaliter ac integrè nomine pred Rom. Ecclesiae faceremus Nuper autem alias literas vestras recepimus cum Reverentiâ continentes quod cum nos respons Relationis solutionis Censûs annui memorati quam nobis pred Capel vester exposuit vestrae Ecclesiae Romanae Nomine diligenter Deliberatione Consilii Procerum Regni nostri in Parliamento quod circa Octabas Resurrectionis Dominicae celebrari in Angliâ consuerit pro eo duximus reservand quod tempore receptionis pred lit vestrae noviter ejusdem Regni gubernacula sumpseramus nunc de hujusmodi censu sine ulteriori procrast impendi faceremus eidem satisfac plen Capellano Fatemur enim S. Pater Domine ad Parliament nostrum in Octabis Resurrectionis Dominicae prox pret Regni nostri Praelatos Proceres evocasse ibique multa statuisse divinâ gratiâ favente quae meliorationem statûs Ecclesiae Anglicanae reformationem Regni ejusdem respiciunt communes profectus populi capiant incrementa Set antequam eidem Parl. propter negotiorum multitud quae reformationis remedio indigebant finem imponere valeremus Eodem Capellano vestro responsionem debitam sibi fieri instanter postulante quaedam gravis nos invasit sicut Domino placuit infirmitas corporalis quae perfectionem multorum aliorum negot deliberationem Petitionis Censûs annui supardict de quo dolemus non modicum impedivit Sicque cum occatione infirmitatis hujusmodi à quâ per Dei gratiam cujus est perimere mederi incepimus convalescere Idem Parl. fuerit dissolutum super hoc nequiverimus super Petitione Censûs ejusdem deliberationem habere cum Praelatis Proceribus antedictis sine quorum communicato consilio sanctitatae vestrae super predictis non possumus respondere Et jurejurando in coronatione nostra prestit sumus astricti quod jura Regni nostri servabimus illibata nec aliquod quod Diadema tangat Regni ejusdem absque ipsorum requisito consilio faciemus Reverende Benignitati vestrae humiliter supplicamus pro dono petimus spirituali quatenus molestè non ferat sanctitas vestra si ad praesens super pred sicut vellemus non possumus respondere Imo patientia vestra paterna si placet nos super hoc habere dignetur excutatos Pro firmo scituri pie Pater Domine quod in alio Parliamento nostro quod ad festum Sancti Michaelis prox fut intendimus dante Domino celebrare habito communicato Consilio cum Praelat Proc. memoratis vobis super praem ipsorum Consilio dabimus responsionem Conservet vos Dominus Ecclesiae Sanctae suae per tempora longaeva Teste meipso apud Westm 19. die Junii Anno Regni nostri 3o. The Present CONVENTION a Parliament N. XI Vid. CAP. 10. F. 111. I. THat the formality of the King 's Writ of Summons is not so essential to an English Parliament but that the Peers of the Realm and the Commons by their Representatives duly Elected may legally Act as the great Council and Representative Body of the Nation though not summon'd by the King especially when the Circumstances of the time are such that such Summons cannot be had will I hope appear by these following Observations First The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times viz. at the New and Full Moon But after their Transmigration hither Religion changing other things changed with it and the Times for their publick Assemblies in conformity to the great Solemnity celebrated by Christians came to be changed to the Feasts of Easter Pentecost and the Nativity The lower we come down in Story the seldomer we find these General Assemblies to have been held and sometimes even very anciently when upon extraordinary Occasions they met out of course a Precept an Edict or Sanction is mentioned to have issued from the King But the Times and the very Place of their ordinary Meeting having been certain and determined in the very first and eldest Times that we meet with any mention of such Assemblies which times are as ancient as any Memory of the Nation it self hence I inferr that no Summons from the King can be thought to have been necessary in those days because it was altogether needless Secondly The Succession to the Crown did not in those days nor till of late Years run in a course of Lineal Succession by right of Inheritance But upon the Death of a Prince those Persons of the Realm that Composed the then Parliament Assembled in order to the choosing of another That the Kingdom was then Elective though one or other of the Royal