Magnae Britanniae notitia: or, the present state of Great Britain. With diverse remarks upon the ancient state thereof / by John Chamberlayne.

  • Chamberlayne, Edward, 1616-1703.
Date:
1737
Catalogue details

Licence: Public Domain Mark

Credit: Magnae Britanniae notitia: or, the present state of Great Britain. With diverse remarks upon the ancient state thereof / by John Chamberlayne. Source: Wellcome Collection.

    72/808 (page 54)
    CHAP. III. Of Succession to the Cr/Oivn of England, and of the King's Minority, Incapacity, and Abfence. TH E King of England hath Right to-the Crown by Inhe¬ ritance, and the Laws and Cuftoms of England. Upon the Death of the King, the next of Kindred, born of Parents in lawful Wedlock, though born out of the Dominions of England, or born of Parents not Subje&s of England (as by Daw and many Examples in t*he Englifh Hiftories it doth ma- nifeftly appear) is immediately King, before any Proclamation, Coronation, Publication, or Cvnfent of Peers and People, The Crown of England from the Father to the Son, and his Heirs; for want of Sons, to the Eldeft Daughter and her Heirs; and for want of a Daughter, to the Brother and his Heirs ; and for want of a Brother, to the Sifter and her Heirs. The Salique Law, or rather Cuftom of France> hath here no Force. Formerly at the Death of every King, not only the Offi¬ cers of the Court, but all Commiftions Civil and Military- expired; but now they are to continue in Force fix Months longer. If the King be likely to leave his Crown to an Infant, he doth ufually by Teftament appoint the Perfon or Perfons.that fhall have the Tuition of him; foitoetimes, for want of fuch Appointment, a fit Perfon of the Nobility or Bifhopsis made Choice of by the three States alfembled in the Name of the Infant King, who, by Nature and Alliance, hath xnoft Intereft in the Prefervation of the Life and Authority of the Infant, and to whom leaft Benefit can accrue by his Death or Diminution : as the Uncle by the Mother’s Side, if the i Crown come by the Father, and fo viceverfa, is made Pro- i| teftor : So during the Minority of Edward IV. his Uncle by the Mother’s Side, the Duke of Somerfet, had the Tuition of him, and was call’d Protefior : And when this Rule hath not fepen obferved (as in the Minority of Edward V.) it hath pray’d of ill Confequence, Wence*]