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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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London Lives Book
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Exparte Def
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The Queen agt.
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Hilkiah
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Bedford
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Clerke
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Upon an Informacon Exhibited in the Court of Queens bench by her majesties Attorney Generall against
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the said Deft.
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The Informacon Sets forth that the Deft being a seditious man & disaffected to the Governmt. & intending the
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Establishmt. of his Crowne of this Kingdome Constituted by Act of Parliamt. to weaken & totally to subvert &
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cause to be beleived the limitacon of the succession of the Crowne after her Maties decrease & in Default of Issue of
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her Matie to the Dutchesse Dowag or of Hanover & the heires of her boddy being protestants by the Statutes in such
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Case made to be in effectuall & of no force And that Kings or Queens of this Kingdom with & by Authority of
<
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Parliamt. cannot make Laws & statutes of sufficient force & validity to limit & buid the Crowne & the descent
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limitacon & Governmt. thereof The 20th. day of October in the 12th. yeare of her Matie apnd paroch to Marie de Armby in
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the Ward of Cheape a false & scandalous Libell Intituled
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The Hereditary right of the Crowne of England asserted the History of the succession since the Conquest clear'd & the true English
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Constitucon unidicated from the misrepresentacons of Dr. Higdons view & desire wherein some mistakes also of our Comon Historians
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are certifyed & sevll. particulars relating to the succession & to the little of the House of suffolk are now first published from antient
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Recordr. & Originall M:SS. together with an authentick Copy of King Henry 8s. Wills
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Writt printed & published & caused to be writt printed & published In wch Libell of & concerning the Establishmt. of the succession of ye Crown of
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England
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by Act of Parliamt. & of & concerning the power & authority of parliamt. to limit the succession of the Crown & of
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& concerning one Dr.
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Higden
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in the title of the sd. Booke menconed are contained (int as) divers false Standalous
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& seditious matters to wit in one part thereof to the effort following
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This true the Docter (meaning
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Docter Higden
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) acknowledges in plain words that the Crown (meaning the Crown of
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England
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)
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is hereditary & he denys it to be elective but wt kind of Inheritance can be mean consistently with him self first he Asserts that the
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Inheritance
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may be limited by parliamt. this I will not dispute but it follows that it is as Inheritance which may be taken
<
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from one given to another as often as the Parliamt. pleases which seems to be an Inheritance very different from what is
<
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usually understood by hereditary Monarchy for it is truly elective since the parliamt. chooses or may choose the succesion
<
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a lively & it is more elective here than in other elective Kingdomes for in all others the elected have a right for life in
<
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this a new one may be elected every Session
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And in another part thereof to the effect following
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The Docter (meaning Dr. Higden) in his crews could not avoid seeing evident proofes that the Crown of England was
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hereditary therefore he acknowledged it versally & denyed it really as utterly destructive to his System of possion
<
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he may understand words as he pleases but all other writers of all nations & the Generallity of all men understand by an
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hereditary Crowne a
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Monarchy entaild
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on one family & descending successively to the Line all heirs of it such are the
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Monarchies of France Spaine portugall Sweeden
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Denmark Hungary
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& all other hereditary Dominious the world
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such is the English Monarchy governed successively above Nine hundred year's by the same royall family which
<
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(saith a great Author) I beleive hath the advantage in point of Antiquity above any other in Europe & as farr
<
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as we know in the world but if the most antient hereditary family in the world hath a not true right of
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Inheritance
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if prssripcon
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of Nine hundred yeares is nothing against new possessers there is surely no right to Governmt. at all nor any time right
<
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of Inheritance publick or private but every thing is every mans & right prescription property are sounds without significacon
</
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<
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And in an other part thereof to the effect following
</
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<
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In this undertaking I shall confine myself wholly to matters of fact & therefore I shall not dispute the Authority of 13 Eliz. Capt no which
<
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makes it high Treaser during the Queens life & forfeiture of Goods & Chattles after her death to say that an Act of Parliamt. wch
<
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>
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>
not of sufficient force to Limit & bind the Descent of the Crowne neither shall I in the least question the power of parliamt.
<
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>
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to entail the succession These matters are as much out of my way as they are above my reach & therefore I am very well
<
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contented the Doctor (meaning Docter Higden) should abound in his owne sence upon them I shall
<
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reason
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>
</
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<
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here observe is that what ever power kings with their Parliamt.
<
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may have do Jure upon such occasions it is howover true in fact that no Act of Limitacon
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</
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<
obscured
>
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ever yet effectually exclude
<
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>
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the next Heire by proxnnity of blood but sooner or later providence how hitherto so Ordered it that these who were first in the
<
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>
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>
Line of Descent have at length gain'd the Crowne notwithstanding all parliamentary provisions to the contrary
</
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>
<
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To the great disturbance of the peace & tranguillity of this Kingdome In Contempt of the Queen & her Law's
<
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>
</
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>
To the Evill Example of all others in the like Case Offending and against the peace of the Queen her
<
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Crowne & dignity
</
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=
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To this the Deft has ptended not Guilty
</
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The Case
</
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As to the writeing printing & publishing this prtended Libell
</
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>
<
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=
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>
The only Evidence for the Queen are Smith the Bookseller James the Printer of the books & a Servant Boy
<
lb
>
</
lb
>
of his about 14 yeaks of age:
</
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>
<
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sd
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