No CrossRef data available.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 21 December 2009
Printed at the Desire of the Justices of the Peace, for the said City and Liberty, and of thew Grand Jury.
LONDON: Printed by Charles Ackers, in Great-Swan-Alley, St. John's -Street. 1729.
Civitas, Burgas, & Villa Westm. in Com. Midd. } Ad Generalem Quarterialem Sessionem Pacis Domino Regis Regis tent' apud Westm. pro Libertat' Decani & Capituli Ecclesiœ Collegial. Beati Petri Westm. Civit', Burgi & Ville Westm. in Comitat. Midd. & Sancti Martini le Grand, London' Die Jovis scilicet tertio die Julii, Anno Regis Domini Georgii Secundi, Dei Gratiâ, nunc Regis Magnæ Birtanniæ, &c Tertio.
page 267 note 1 Hooker's Eccl. Polity, lib. 1. sect. 10. At the first, when some Kind of Regimen was once appointed, it may be that nothing was then farther thought upon for the Manner of Governing, but all permitted unto their Widsom and Discretion which were to rule. ‘Till by Experience they found this for all Parts very inconvenient, so as the Thing, which they had devised for a Remedy, did indeed but increase the Sore, which it should have cured. They saw, that to live by one Man's Will became the Cause of all Men's Misery. This constrained them to come to Laws, wherein all Men might see their Duty beforehand, and know the Penalties of Transgressing them.
page 268 note 1 Tacitus Ger. cap. 10. Proditores & transfugas arboribus suspendunt.
page 268 note 2 Mirror, cap. 2, sect. 11.
page 268 note 3 Leg. Edw. cap. 38.
page 269 note 1 Glanv. de Leg. lib.1, cap.2, & lib.14, cap.1. [Ranulph de G., became chief justiciar to Henry II in 1180.]
page 269 note 2 See A Discourse concerning High Treason (London: R. Mead, 1683, in-fol.)Google Scholar
page 269 note 3 Sect. 12 “And because many other like Cases of Treason may happen in Time to come, which a Man can't think or declare at this present Time, it is accorded, that in any other Case, suppos'd Treason, which is not above specified, doth happen before any Justices; the Justices shall tarry, without any going to Judgment of the Treason, till the Cause be shewed and declared before the King and his Parliament, whether it shall be judged Treason, or other Felony.”
page 270 note 1 Bacon's Hist. H.VII. Engl. Ed. fol. 7, 8, 11, 12, 16. Buck's Hist. of Rich. III. Unprinted Statute still upon the Roll, the Title of which is Titulus Regis. And it runs in these Words: “To the Pleasure of Almighty GOD, the Wealth, Prosperity, and Surety of this Realm of England, and to the singular Comfort of all the Kings Subjects of the same, and in avoiding all Ambiguities and Questions. Be it Ordained, Established, and Enacted, by the Authority of this present Parliament, that the Inheritance of the Crowns of the Realms of England and of France, with all the Preeminence, and Dignity Royal to the same Pertaining, and all other Signories to the King belonging beyond the Sea, with the Appurtenances thereto, in any wise due or pertaining, be, rest, remain, and abide in the most Royal Person of our now Sovereign Lord King Henry the VIIth, and in the Heirs of his Body, lawfully coming, perpetually, with the Grace of God, so to endure, and in no other”.
page 270 note 2 Collect, of Records, p. 709, 714.
page 270 note 3 John of Gaunt, duke of Lancaster, had by Catherine Swinford, before Marriage, four Illegitimate Children, Henry, John Beauford (afterwards D. of Somerset) Thomas and Joan, and in the 20th Year of K. Richard II. he, by Act of Parliament, makes them Legit?mate, Coke's 4 Inst. 36, 37Google Scholar. K. Henry VII. Was Son to EDW. Haddam, Earl of Richmond, and Margaret his Wife, Daughter and Heiress of the above mentioned John Beauford, Duke of Somerset.
page 271 note 1 Lord Herb. Hist. of H.VIII.- Compl. Hist. of Engl. vol. 2 p. 4. [Edward Baron of Cherbury, The Life and Raign of King Henry VIII, 1649.]
page 271 note 2 ‘a decision by Parliament to create an entailed interest or estate.’
page 271 note 3 25 H. VIII. cap. 22. An Act concerning the King's Succession.
page 271 note 4 28 H. VIII. c.7. An Act concerning the Succession of the Crown.
page 271 note 5 35 H.VIII. c. 1., An Act for the Establishment of the King's Succession.
page 271 note 6 35 H. VIII. cap. 1.
page 271 note 7 35 H. VIII. cap. 1.
page 271 note 8 Richard Rich,(1496?–1567) 1st Baron Rich, Lord Chancellor.
page 272 note 1 13 ELIZ. 1571
page 272 note 2 probably Sir Henry Y., 1566–1629, judge under James I & Charles I.
page 272 note 3 Page 164, 176. [Sir Simon, 1602–50, M.P., left a diary containing parliamentary records and proceedings.
page 272 note 4 Cap. 12, sect. 9.
page 272 note 5 Burnet's Hist, of the Reform, part 2, fol. 223.
page 272 note 6 Page 213, 214, 215, 216. [1714].
page 272 note 7 GLANV. l. 7, c. 15. Coke 2 Inst. 96, 97. Stat, of Merton, c. 9. 23 H. VIII. c. 38. 12 C.II c. 33.
page 273 note 1 Rast. 4, 1 M I, sess. 2, cap. 1, An Act declaring the Queen's Highness to have been born in just and lawful Matrimony, and also Repealing all Acts of Parliament, and Sentence of Divorce, made or had to the contrary.
page 273 note 2 I ELIZ. c. 3. sect. 1.
page 273 note 3 WELWOOD's Memoirs, p. 5Google Scholar. [Memoirs of the most material Transactions in England, for the last Hundred Years, preceding the Revolution in 1688… 2nd ed. coir. (London: 1700)Google Scholar
page 273 note 4 13 ELIZ. c. I.
page 274 note 1 Juan de M., S J. Historiæ de rebus Hispaniœ libri XX, Toleti 1592. transl, into English, The General History of Spain… trans, by Captain J. Stevens, London: 1699.Google Scholar
page 274 note 2 1 W. and M. sess. 2, cap. 2; sect. 7 And whereas it has been found by Experience, that it is inconsistent with the Safety and Welfare of this Protestant Kingdom, to be governed by a Popish Prince, or by any King or Queen marrying a Papist. The Lords, Spiritual and Temporal, and Commons, do further Pray, that it may be enacted, and it was thereby enacted, That all and every Person, or Persons, that is, are, or shall be Reconcilied to, or shall hold Communion with the See, or Church of Rome, or shall profess the Popish Religion, or shall marry a Papist, shall be excluded, and be for ever incapable to Inherit, Possess, or Enjoy the Crown and Government of this Realm, and Ireland, and the Dominions thereunto belonging, or any Part of the same; or to have, use, or exercise any Regal Power, Authority, or Jurisdiction within the same. And in all and every such Case, or Cases, the People of these Realms shall be, and are thereby absolved of their Allegiance. And the said Crown and Government shall, from Time to Time, descend to, and be enjoyed by such Person, or Persons, being Protestants, as should have inherited and enjoyed the same; in Case the said Person, or Persons, so reconcilied, holding Communion, or Professing, or Marrying, as aforesaid, were naturally dead.
page 275 note 1 By an Act of the 12th of W.III. cap. 2 The Princess Sophia, Electress and Dutchess Dowager of Hanover is declared next in Succession, after his Majesty (K. William) and the Princess Anne, and their respective Issue. And that then the Crown, &c. shall remain to the said Princess Sophia, and the Heirs of her Body, being Protestants. And there is a Proviso, that all Person who may inherit the Crown, by Virtue of this Act, and are reconcilied to the Church of Rome, or shall marry a Papist, shall be subject to the Incapacities of the said Act of 1 W. and M.
page 276 note 1 An Act for the more effectual Preventing, and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, and other Securities for the Payment of Money.
page 276 note 2 Rex versus la Serre & Parmentier Hill, 7 Geo I. 1720.
page 276 note 3 Cap. 9.