The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(44) See Hallam, i. 129; Lingard, vi. 239, 243. The Act 13 Elizabeth,
c. 1, declares it to be treason “yf any person shall in any wyse holde
and affyrme or mayntayne that the Common Lawes of this Realme not
altred by Parlyament, ought not to dyrecte the Ryght of the crowne
of England, or that our said sovrayne Ladye Elizabeth the Quenes
Majestie that nowe is, with and by the aucthoritye of the Parlyament
of Englande is not able to make Lawes and Statutes of suffycyent force
and valyditie to lymit and bynd the Crowne of this Realme, and the
Descent Lymitacion Inheritaunce and Government thereof.” The like is
the crime of “whosoever shall hereafter duryng the Lyef of our said
Soveraigne Ladye, by any Booke or Worke prynted or written, dyrectly
and expresly declare and affyrme at any tyme before the same be by Acte
of Parlyament of this Realme established and affyrmed, that any one
particular person whosover it be, is or ought to be the ryght Heire
and Successor to the Queenes Majestie that nowe is (whome God longe
preserve) except the same be the naturall yssue of her Majesties bodye.”
This statute may possibly be taken as setting aside the claims of the
House of Suffolk; but, if so, it sets aside the claims of the House of
Stewart along with them.
(45) James’s right was acknowledged by his own first Parliament, just
as the claims of other Kings who entered in an irregular way had
been. It should be marked however that he was crowned before he was
acknowledged. The Act 1 Jac. I. c. 1, declares that “immediatelie upon
the Dissolution and Decease of Elizabeth late Queene of England, the
Imperiall Crowne of the Realme of England, and of all the Kingdomes
Dominions and Rights belonging to the same, did by inherent Birthright
and lawfull undoubted Succession, descend and come to your moste
excellent Majestie, as beinge lineallie justly and lawfullie next and
sole Heire of the Blood Royall of this Realme as is aforesaid.” It is
worth noticing that in this Act we get the following definition of
Parliament; “this high Court of Parliament, where all the whole Body of
the Realm and every particular member thereof, either in Person or by
Representation (upon their own free elections), are by the Laws of this
Realm deemed to be personally present.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account