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lord_n king_n say_a sovereign_a 23,708 5 10.0425 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A82029 The debates in deposing kings; and the royal succession of Great Britain 1688 (1688) Wing D510; ESTC R225317 6,694 4

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THE DEBATES IN Deposing Kings And of the ROYAL SUCCESSION OF GREAT BRITAIN The Succession to the Crown of Great Brittain THE Monarch of Great Brittain has Right to the Imperial Crown of this Island by Inheritance according to the Laws of GOD and Nature and the fundamental Constitutions of the Realms of England and Scotland which both agree in this That upon the Death of the King the next of the Kindred though born out of the Dominions of Great Brittain or born of Parents not Subjects of Great Britain is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Rule of Inheritance given by GOD himself to the People of Israel is this If a man die and have no Son then he shall cause his Inheritance to pass unto his Daughter And if he have no Daughter then ye shall give his Inheritance unto his Brethren Agreeably to which Rule the Crown of Great Britain descends as an inalinable Heritage from the Father to the Eldest Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brethren to the Sister and her Heirs And so unalterable is this Course of Descent that no Act no Crime no Attainder of Treason can bar the next of Blood from being King in the instant of Time his Predecessor does not so much die as by a State Metempsychosis transmit his Life his Breath or his Soul into the Nostrils the Body of his Successor For Hereditary Monarchy being as it has been clearly demonstrated an immediate Ordinance of GOD founded in the Prime Laws of Nature and the Laws of GOD and Nature being as all Christians acknowledge absolutely immutable it is a Madness to think that any Act of Parliaments can change this unchangeable Law or with the least Color of Justice alter the Right of Succession This was well known to all our antient Parliaments that were neither over-awed by any prevailing Faction seduced by designing Intreagues nor yet vainly flattered themselves with an Omnipotent Power to create and annihilate Kings In one of which the States of the Realm unanimously answered King Edward the IIId asking their Advice in matters relating to the Crown That they could not consent to any thing in Parliament that tended to the Disherison of the King and his Heirs or the Crown whereunto they were sworn From whence Sir Edward Cook concludes That it is a Law and Custom of Parliament that no King can alien the Crown from the right Heir though by consent of the Lords and Commons And elsewhere affirming King John's Resignation of the Crown to the Pope to have been utterly void he alledges this Reason Because the Royal Dignity is an Inherent inseparable to the Royal Blood of the King descendable to the next of Blood to the King and cannot be transferd to another And although by the Treasons and Conspiracies of ambitious disloyal and designing Persons the Crown has now and then been transferred from one Family to another yet does it appear in Story that since the time of the Norman Conquest the right Heir was never yet kept out beyond the second Descent And to the Honour of the English Parliaments we can aver that never any Usurper though armed with Power laid claim to the Crown in Parliament but by pretending to be of the Right Line nor did ever the Parliament allow of such Pretence if false but awed by Fear and a vast Army And whenever the Terror of such armed violence being removed the true Heir was enabled to claim his Right the Parliament notwithstanding all such pretended Acts readily submitted themselves to their legitimate Prince as being bound thereunto by the Laws of GOD and Nature Thus although Henry Duke of Lancaster backt by an Army of fourty or fifty thousand men under Pretence of a feigned Title from Edmund Crouchback forced his Nature Soveraign King Richard the IId first to resign and afterwards to be deposed from his Crown which waving his former pretended Title he caused to be entailed upon himself his four Sons and the Heirs of their Bodies by Act of Parliament whereby he thought to have secured it to his Posterity for ever Yet notwithstanding these cautious Provisions seconded by the Valor and prodigious Success of that noble Prince Henry the Vth. when in the year 1460. this Entail was alledged against Richard Duke of York laying claim in Parliament to the Crowns of England and F●ance as being the next Heir to Lionel Duke of Clarence elder Brother to John of Gaunt of whom the House of Lanchaster was descended the Duke of York unanswerably replied That if King Henry the IVth might have obtained the said Crowns of England and France by Title of Inheritance Discent or Succession he neither needed nor would have desired or made them to be granted too him in such wise as they be by that Act Which said he taketh no place neither is of any force or effect against him that is right Inheritor of the said Crowns as accordeth with the Laws of GOD and all Natural Laws Which Answer of the Duke of York and his Claim to the Crown was by the same Parliament expresly recognized and declared to be Good True Just Lawful and Sufficient And when in the same year Edward Earl of March eldest Son to the said Duke of York upon the death of his Father took possession of the Crown by the Name of King Edward the IVth his Title was in full Parliament by all acknowledged in these words Knowing also certainly and without doubt and ambiguity that by GOD's Law and the Law of Nature He viz. the said King Edward and none other is and ought to be true Rightwise and Natural Liege and Soveraign Lord And that he was in right from the Death of the said Noble and Famous Prince his Father very just King of the same Realm of England And so little Respect was given to the aforementioned Act of Entail that it was not so much as repealed being esteemed from the very beginning null and void in it self Nor indeed were any Acts of Henry the IVth Vth. or VIth stiled Kings in Deed and not of Right deemed to be in force but such as were expresly confirmed by Edward the IVth in the same manner King Charles the IId confirmed the judicial Proceedings of the late Usurpation As little Success had that Monster of Nature Richard Duke of Glocester who being by the Interest of several factious Lords chosen Protector to his Nephew the young K●●g Edward the Vth. and having by that means gotten into his hands the Military Force of the Nation pretending that the Children of his Brother King Edward the IVth were illegitimate laid claim to the Crown which he not only entailed by Act of Parliament upon himself and his Issue but the better to secure it in his Line caused the Innocent young King and his only Brother the Duke of