Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
“He being also institute and furnished by the goodness and suffrance
of Almighty God with plenary, whole, and entire power, pre-eminence,
authority, prerogative, and jurisdiction, to render and yield
justice and final determination to all manner of folk, resiants or
subjects within this his realm, in all causes, matters, debates, and
contentions happening to occur, insurge, or begin within the limits
thereof, without restraint or provocation to any foreign princes or
potentates of the world.”
The monarch--Henry VIII.--in whose reign the above was passed swore a
Coronation Oath[36] little different to the Oaths of Charles II. and
James II., though the Reformation came in between. The Oath taken by
Charles II. at his Coronation was worded thus:--
“Sir, will you grant and keep, and by your oath confirm to the
people of England, the laws and customs to them granted by the Kings
of England your lawful and religious predecessors, and namely the
laws, customs, and franchises, granted by the glorious King, St.
Edward, your predecessor, according to the laws of God, the true
profession of the Gospel established in this Kingdom, agreeable to
the prerogative of the Kings thereof, and the ancient customs of this
realm?”
_King_: “I grant and promise to keep them.”
“Sir, will you keep peace and godly agreement (according to your
power) both to God, Holy Church, the clergy, and the people?”
_King_: “I will keep it.”
“Sir, will you (to your power) cause law, justice, and discretion in
mercy and truth to be executed to your judgment?”
_King_: “I will.”
“Sir, will you grant to hold and keep the laws and rightful customs
which the commonalty of this your Kingdom have: will you defend and
uphold them to the honour of God, so much as you lieth?”
_King_: “I grant and promise so to do.”
The Coronation Oath of His Majesty King George V.[37] conformed to the
requirements of the William and Mary legislation--which has regulated
the subject ever since its passage, with trifling variations.
The late King’s Accession Declaration, which gave religious offence
to many of his Majesty’s subjects, has been abated, in pursuance of
section 1, Accession Declaration Act, 1910.
“The declaration to be made, subscribed, and audibly repeated by the
Sovereign under section 1 of the Bill of Rights and section 2 of the
Act of Settlement shall be that set out in the Schedule to this Act
instead of that referred to in the said sections.”[38]
FOOTNOTES
[36] CORONATION OATH OF HENRY VIII
“Will ye graunte and kepe to the people of England, the lawes and
the custumes to theym, as of old tyme rightfull and deuoute Kings
graunted, and the same ratefye and conserne by your othe and the
spiritual lawes, custumes, and libertees graunted to the clergy and
people by your noble predecessors and glorious King Seint Edward?”
_The King shall answer_: “I graunte and promytte.”
Public-domain text, read in full here on John Shaqi.
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