minds of the people,
through this jumble of acts for limiting the succession, by statute 1
Mar. p. 2. c. 1. queen Mary's hereditary right to the throne is
acknowleged and recognized in these words: "the crown of these realms
is most lawfully, justly, and rightly _descended_ and come to the
queen's highness that now is, being the very, true, and undoubted heir
and inheritrix thereof." And again, upon the queen's marriage with
Philip of Spain, in the statute which settles the preliminaries of
that match[t], the hereditary right to the crown is thus asserted and
declared: "as touching the right of the queen's inheritance in the
realm and dominions of England, the children, whether male or female,
shall succeed in them, according to the known laws, statutes, and
customs of the same." Which determination of the parliament, that the
succession _shall_ continue in the usual course, seems tacitly to
imply a power of new-modelling and altering it, in case the
legislature had thought proper.
[Footnote t: 1 Mar. p. 2. c. 2.]
ON queen Elizabeth's accession, her right is recognized in still
stronger terms than her sister's; the parliament acknowleging[u],
"that the queen's highness is, and in very deed and of most mere right
ought to be, by the laws of God, and the laws and statutes of this
realm, our most lawful and rightful sovereign liege lady and queen;
and that her highness is rightly, lineally, and lawfully descended and
come of the blood royal of this realm of England; in and to whose
princely person, and to the heirs of her body lawfully to be begotten,
after her, the imperial crown and dignity of this realm doth belong."
And in the same reign, by statute 13 Eliz. c. 1. we find the right of
parliament to direct the succession of the crown asserted in the most
explicit words. "If any person shall hold, affirm, or maintain that
the common laws of this realm, not altered by parliament, ought not to
direct the right of the crown of England; or that the queen's majesty,
with and by the authority of parliament, is not able to make laws and
statutes of sufficient force and validity, to limit and bind the crown
of this realm, and the descent, limitation, inheritance, and
government thereof;--such person, so holding, affirming, or
maintaining, shall during the life of the queen be guilty of high
treason; and after her decease shall be guilty of a misdemesnor, and
forfeit his goods and chattels."
[Footnote u: Stat. 1 Eliz. c.
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