This text has been selected for inclusion in the EEBO-TCP: Navigations collection, funded by the National Endowment for the Humanities. To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication ( http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England.
Upon the Death of the King, the next of Kindred, though born out of the Domi∣nions of England, or born of Parents not Subjects of Eng∣land; as by the Law and many Examples in the English Histo∣ries it doth manifestly appear: is and is immediately King be∣fore any Proclamation, Coro∣nation, Publication, or Con∣sent of Peers or People.
The Crown of England de∣scends from Father to Son and to 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 Brother to the Sister and her Heirs. The Sa∣lique Law or rather Custom of France, hath here no more force than it had anciently a∣mong the Jews, or now in Spain and other Christian He∣reditary Kingdoms. Among Turks and Barbarians that French Custom is still and ever was in use.
In Case of descent of the Crown (contrary to the Cu∣stom of the descent of Estates among Subjects) the Half Blood shall inherit; so from King Edward the Sixth the
Crown and Crown Lands de∣scended to Queen Mary of the half blood, and again to Queen Elizabeth of the half blood to the last Possessor.
At the death of every King die not only the Offices of the Court, but all Commissions granted to the Judges durante beneplacito; and of all Justices of Peace.
If the King be likely to leave his Crown to an Infant, he doth usually by Testament ap∣point the person or persons that shall have the tuition of him; and sometimes for want of such appointment, a fit per∣son of the Nobility or Bishops is made choice of by the Three States assembled in the name of the Infant King, who by
Nature or Alliance hath most Interest in the preservation of the Life and Authority of the Infant, and to whom least be∣nefit can accrue by his Death or Diminution; as the Uncle by the Mothers side, if the Crown come by the Father, and so vice versa, is made Protector; so during the mino∣rity of Edward 6. his Uncle by the Mothers side the Duke of Somerset had the tuition of him, and was called Protector: and when this Rule hath not been observed (as in the mino∣rity of Edw. 5.) it hath proved of ill consequence.
If the King of England be Non compos mentis, or by rea∣son of an incurable disease, weakness, or old age, become
uncapable of governing, then is made a Regent, Protector, or Guardian, to govern.
King Edward 3. being at last aged, sick, and weak, and by grief for the death of the Black Prince, sore broken in body and mind, did of his own will create his fourth Son John Duke of Lancaster Guar∣dian or Regent of England.
If the King be absent upon any Foreign Expedition or o∣therwise (which antiently was very usual) the Custom was to constitute a Vice-gerent by Commission under the Great Seal, giving him several Titles and Powers according as the necessity of affairs have requi∣red; sometimes he hath been called Lord Warden or Lord
of the Kingdom, and therewith hath had the general power of a King, as was practised du∣ring the Absence of Edward the First, Second, and Third, and of Henry 5. but Henry 6. to the Title of Warden or Guar∣dian added the Stile of Prote∣ctor of the Kingdom and of the Church of England; and gave him so great power in his ab∣sence, that he was tantum non Rex swaying the Scepter, but not wearing the Crown; execu∣ting Laws, summoning Parli∣aments under his own Teste as King, and giving his assent to Bills in Parliament, whereby they became as binding as any other Acts.
Sometimes during the Kings Absence the Kingdom hath been committed to the care of
several Noblemen and some∣time of Bishops, as less dange∣rous for attempting any usur∣pation of the Crown; some∣times to one Bishop, as Hubert Archbishop of Canterbury was Viceroy of England for many years, and when Edward 3. was in Flanders (though his Son then but nine years old, had the Name of Protector) John Staf∣ford Archbishop of Canterbury was Governour both of the Kings Son and of the Realm.
Lastly, Sometimes to the Queen, as two several times during the absence of Henry 8. in France.
Minor.
••capa∣••ty.
Absence.