not done in Parliament by the King Lords and Commons and albeit it might though it appears it could not without Authority of Parliament to back it yet it is contra Legem Consuetudinem Parliamenti to do such an Act as by the Record appears by which it was declared in full Parliament upon demand made on the behalf of the King that they the Lords and Commons could not assent to any thing in Parliament that tended to the Disherison of the King and his Crown whereunto they were sworn Upon the same Principle the Attournment of Tenants seems to have its Basis and is Requisite where Lords dispose of their Mannors Ne Capitalibus Inimicis subjugentur that they may not be subjugated to their Capitall enemies Sr. Edward Cook tells us that the Dignity Royal is an Inherent inseparable to the Blood Royal of the King and cannot be transferred to another It is said that Edward the Confessor gave William the Conqueror a Colour to claim the Crown of England by a Donation made by Testament which Act was not of Power to prejudice the State or alter the Course of Right succession and the Reason rendred is this that the Crown of this Realm being held not as Patrimonial but in a Constant succession by Remotion which is a succeeding to another's Place it was not in the Power of King Edward to Collate the same by any Dispositive and Testamentary will the Right descending to the Next of blood only by the Custom and Law of the Kingdom We read in our English Histories that King Richard surnam'd Ceur-de-Lyon depos'd himself of this Kingdom and Deliver'd the same to the Emperor as his Supreme Lord and invested him therein by delivering of his Hat But 't was adjudg'd that this Investiture could not prejudice the State nor alter the course of Right succession though it might Keep the Kings-Head cold as the Statists of those times observ'd The Civil-Law Asserts Principem cum omnia possit Res tamen Imperii abalienare non posse and the municipal Constitution of France is that the French King cannot dispose of the Soveraignty of the Kingdom so that foreign Laws Concur with Our Own in this Point which have had the suffrage of the whole Kingdom for these many hundreds of Years being as Iudge Fortescue defines them an Artificial Perfection of Reason and the Productions of much Wisdom Time and Experience The Law is Sanctio Sancta jubens Honesta prohibensque Contraria to which Cicero is Parallel Recti praeceptio pravi est depulsio Having in its Prospect the same which Religion hath ut Cives bonos efficiat that it may make men good being Iuvenibus Regimen Senibus Solamen Pauperibus Divitiae et Divitibus Securitas Religion is to the wicked and faithless a Jurisdiction against which they readily Rebel because it rules severely yet paies no worldly recompence for Obedience Obedience being by every human Power invited with assurances of visible advantage The good need not the power of Religion to make them better for her power proceeds from threatnings which though mean weapons are fitly used since she encounters a base Enemy It may be Observ'd that all virtuous men are so taken up with the Rewards of Heaven that they seem to live as if out of the world and no Government can receive assistance from any man meerly as he is Religious but as that Religion makes him active in temporal things 't is acquaintance with the world and knowledge of men that makes abilities of Ruling for though a sufficient belief of Doctrine would beget Obedience which is the grand design of Government yet since diversity of Doctrine distracts all Auditors and makes them doubtfully dispose their Obedience therefore Religion hath little to do in Government and an active spirit is fittest for the menage of an Empire But however I think it cannot Rationally be presum'd that any Governour would purely for the sake of Religion subjugate himself and People to a foreign Power and make that which is design'd for the safety of our Souls the grand Instrument of our Destruction When the People consider a Ruler they would have him all Dove whereas Policy teacheth him to be most Serpent though they look upon this as more dangerous than the ills it would prevent and that outwitting the People is but giving Reputation to falshood and corruption and maintaining the Publick by Politique evils and the base prostitution of Religion I shall not upon Machiavel's word Recommend Dissimulation and Cruelty for Cardinal virtues and as the best supporters of Authority for a Prince ought to refuse a Kingdom and retire to Privacy rather than Reign to the Ruine of Mankind but when we consider the mutual sympathy as between the Head and Members so between a Prince and his Subjects and the complication of their Interests and that their happinesses and miseries proceed from each other mutually it cannot be presum'd that a Prince of approv'd wisdom should so mistake or divide the Interest as to precipitate them into Ruine only to undo himself by the Rebound But to Return to my Province it may be demanded whether there are not foreign Examples to be produc'd that Kingdoms have been transferred from one Prince to Another by a voluntary Gift I Answer Affirmatively and shall instance in two of the chiefest which occur to my Memory at this time The One is of Alphonzo King of Arragon and Sicily who having conquered the Kingdom of Naples from the Duke of Anjou Gave it to his Natural Son by his last Will and Testament The Other is of Alphonzo el Bravo King of Castile anâ— Leon who having conquer'd Portugal from the Moors Gave it in Marriage with his Bastard Daughter to Count Henry of Lorrain so that here are two Examples one by Testament the other per Donationem inter Vivos But here is to be noted that no Ancient or Hereditary Rights were dispos'd of but the Conquerors new Acquisitions for 't is Affirm'd by most Lawyers that no King in a Monarchy that is by the ancient custom and fundamental Laws of the Realm meerly successive either to the Heirs male or Heirs general can any wayes dispose of his Kingdom in prejudice of the next Heir in blood according to the Custom no not though the Parties interessed should Commit Treason or be excluded by any Act of the States or Parliament That Treason cannot avoid a Lawfull succession in blood We have an Example in Louis the 12th Who was in Armes against Charles the 8th both Kings of France and Our Own King Henry 7th stood attainted of high-Treason at the time of his coming into England and by the Judges in their Consultation in the Exchequer Chamber what should be done for the King concerning his Attainder it was with unanimous consent Resolved That the Crown takes away all defects and stops in blood and that from the time the King did Assume the Crown the fountain was
cleared and all Attainders and Corruption of blood discharged but however for the sake of Honour says the Lord Verulam it is ordain'd by Parliament that all Records in which there was any memory or mention of the King's Attainder should be defaced cancelled and taken off the Flie. So in the Case of George Duke of Clarence We find the Pue'ple though he was their great Favourite were not much concern'd about his Attainder since they had Learnt by the Kings Example that Attainders do not interrupt the Conveying of a Title to the Crown Hence it is Evident that by the Laws of this Kingdom there can be no Inter-Regnum within the same and that immediately by Descent the next Heir in blood is compleatly and absolutely King without any essential Ceremonies or Act to be done Ex post facto and that Coronation is but a Royall Ornament and outward Solemnization of the Descent Thus having considered the Subject in the less Disputable Instances I come to the Grand Doubt That is Whether An Act of Parliament may alter the Course of Right Succession in Blood There are I must confess Statutes that make it Treason but to deny it but never otherwise made then only for fear or flattery of the present Prince and after never observed and I am confident 't is the Desire of the sober and temperate sort here That any New One of that nature may have the same Fate I hope we are pretty well secur'd having a King of such excellent Wisdom and Princely Virtue bearing such a sacred regard to His Laws that the Royal Assent shall never be ravisht from him to stamp such an Adulterate Coin as must pass Currant for disabling His Royal Successor to inherit the Crown of these three Kingdoms Should our Statesmen suffer this Remora to ding to the Great ship of Government in which they are the trusted Pilots Government would be at a stand nay wreck'd by that which was design'd for her safety and Establishment and the People who are the Lading a fraight more dangerous and much looser than any other living stowage being usually as troublesom in Calms as Horses in Storms fall into the hands of Algerines even in there own Harbours for where could Liberty and Property tide safe at Anchor We are perpetually exclaiming with the highest detestation against the King-killing Doctrine of the Jesuits whose Principles like the fruitful slime of Nilus have increast into so many various shapes of Serpents whose windings are so intricate and unknown that even Justice her self the painful pursuer of evil men is almost wearied out I have made a Break before the word Jesuite that your Lordship may add your own Epithet for I know none bad enough for those worst of men who seem like Machiavel's Belphagor dispatcht from Hell in human shape to negotiate the Devil's Affairs Their Order I must confess is specious and I need not tell whence it is deriv'd since Boys of the 2d or 3d. Class can do it But they are no more like their Primitive than Snow's like the Sun which warms the Earth by Antiperistasis just as these men would save it by Destruction when I consider these Men they seem like those of Cadmus sprung from the Serpents Teeth 't is no wonder to find them of such a Serpentine Nature I can not think them Christians but that their Baptismal water was so far from being Sacramental that 't was some of the WHORES own making fit for the putrid Spawn and Gender of such Toads I won't call Them since they are not at Once Poyson and an Antidote but the first altogether and though one of their Saints by his whistle purg'd Ireland of all Venemous Creatures yet they can live there and retain their Natures and when they come croaking into the Pallaces of Kings they prove a worse Plague than those did to the Egyptian Monarch I wish all Christian Princes may prove to them as the Stork to the Froggs in the stable Kings not to Protect but Devour I have made this Digression first to Justifie my self in your Lordship's Opinion in the next place that whilst we are Exclaiming against the Pernicious Principles of these men we may not improvidently lay the foundations of far worse for 't is less barbarous to destroy a Prince altogether than keep him perpetually tortur'd with the loss of three Kingdoms and by a Civil death make him survive the Funerals of his own Royalty Let us leave off Annually to Commemorate that Royal Martyr and best of Kings Charles the first unless we resolve upon better usage towards his Royal off-spring 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fiat Justitia ruat Coelum The History of Saul and David which we have recorded in Holy Writ is worthy to be adverted to when at En-gedi and in the Valley of the Ziphims David who had Saul twice at mercy and was hunted after as a Partridge a Flea and a dead Dog even for but cutting of the Lap of his Garment was wounded in his heart since Saul was his King his Master and the Anoynted of the Lord. But to come nearer to this great point In the Civil Wars between the Two Houses of York and Lancaster how many Statutes have been made in disherison of the Line of York and all vanished into smoak That of H. 8th in disherison of Queen Mary c. And confirmed by another Statute of the same Kings how have they been observed and lastly the great Act which gave Authority to the King that after his own Line he might dispose under his Great Seal or by Will of this Kingdom have we not been sensible of it to our lasting Joy how happily it hath been neglected so far as that the case which is put in the statute of extinguishment of King Henry the 8ths Line and a Will made such as it was to the disherison of the Scottish-Line the validity whereof was never so much as once considered upon by the great Council of the Kingdom as being a matter that whether the same were a Will or not skilled not at all the Act it self being a void Act that should have given life and validity to the Will So that we may say with the Rhetorician multi quidem utuntur malis Consiliis num me autem dextro quibus quod malum designabant cedit in bonum To what hath been already said I shall add the Judgment of that Ingenious and Learned Gentleman Mr. Roger Coke whose words are these No humane Law can create a humane Right Jura sanguinis nullo Jure Civili dirimi possint Nor is this Right of Succession from divine positive Laws but observed as well where God's Revelation of himself is not received as where it is And if according to the Resolution of all the Learned Judges in Calvin's case Subjection is from no humane Law but from the Law of Nature then of necessity must Regal-Right and Inheritance be from the Law of Nature for no man supposeth
subjection where he does not presuppose Power The Acts therefore made by H. 4. H. 5. and H. 6. Which intailed the Crown upon their Heirs Males were void and wholly to be rejected So likewise were the Acts of Rich. the Third and Henry the Seventh which intailed the Crown upon Them and their Heirs But peradventue though your Lordship may approve of what hath been here offer'd yet with others You will be ready to Object that all this and much more must be layed aside for the preservation of Our Religion against the dangers that threaten us from the Romish-Church and that 't is not so long since our Ancestors drew their gauled Necks from that heavy Yoke but that still Manet al◠â mente Repostum I must confess if the Multitude whose Character it is aut humilitr servire aut superb dominari are proper Judges of this Point and that the Machines of State must turn upon their Hinges the Verdict may pass against me yet I shall not magnifie the Politicks of Euripides so much as to say Jus regnandi gratiâ Violandum est aliis in rebus pietatem colas This indeed is to make the Mistress serve the Handmaid to make Religion truckle to Policy as if the seasons of the Year ought to accomodate themselves to Men rather than Men accomodate themselves to the seasons Policy presupposes Ethicks and so the footsteps of that ancient virtue are almost worn out and invisible But can the Consideration aforesaid be so weighty as to preponderate that of Nature for we are taught in our Church That the Ties and Bonds of Duty and Subjection even to Heathen and Idolatrous Princes are Sacred and Inviolable Dominion and Soveraignty being the Ordinances of God not as he is the Author of Grace but as he is the Governour of the World and therefore the duty of Children to their Parents of Servants to their Masters and of Subjects to their Prince is not a Consequence of Christianity but a Principle of Nature and consquently unalterable upon the score of Religion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The very Morals of the Heathens had we no Bibles teach us a Passive Obedience to Princes that we ought patiently to Indure Governors though set as a scourge over us and Pray to the Immortal Powers for liberation Nay there is a subjection due even to Tyrants themselves Neque Quenquam Tyrannum occide Deorum foedera iniens and why Imago Rex est Animata Dei Regem ergo cum tibi Dii paraverint sis Eo dignus c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Greek Poet could tell us that Kings are by Divine Ordination and he that shall kill a King though a Tyrant is as much a Regicide as he that destroys a Prince of the most gracious and clement temper This Consideration made the great Duke of Norfolk so highly Espowse the interests of that bloody Vsurper Richard the 3d. who notwithstanding the Caveats that were sent him by the Adverse Party in this Distick Good Jack of Norfolk be not too bold For Dicon thy Master is bought and sold Made him break out into these Expressions of his Loyalty That were the Royal Diadem placed upon a Stake he would there sacrifice his Last drop of blood and serve his King with a Victorious Sword or a Glorious Death A King is the Animate Image of God nay we know who it is that says I have said that ye are Gods He then that shall oppose their Rights and Interests what is it but Gyant-like to invade Heaven None but God can make an Heir to a Crown says Sir Edward Coke solus Deus haeredem facere potest and this Heir is but an Heir in fee to Lands or Tenements according to Common Law or Custom if then only God can make such an Heir and the Kings of England in their Royal stiles Acknowledge the Tenure with a Dei Gratia the Emperor with a Deus dedit and the French King with a Dieu Done surely None but the same Superintendent Power by which Kings Reign ought or can Dispossess or disinherit Princes from their Rights fenced with the Laws of God and Nature and establisht upon the foundation of humane Laws and Customs What Atlas shall support the State of the Ruinous and Tottering world in these perilous Ends of time whereinto as into a Common sink have sunck all the foul Enormities of former Ages We live not only in the Iron Age of the world but in the very Rust of it and may take up the complaint of Old that Justice hath left the Earth that Truth sculks into by-Corners that they are good Mistresses indeed to those that Keep them but such as follow them too close at Heells may have Raggs and broken Heads May the Parliament Prove so many Catos or Fabicii of whom it was said that the Sun might as soon be altered in his Race as they in the Course of Justice that they may give no more occasions for Dissolutions as if frequent Dissolving Parliaments were like drawing of Spirits in an Alymbeck the oftner the more refin'd and Essential The Law is the Pulse of the Common Wealth when it beats not at all the Common Wealth is dead if it have but slow motion 't is weak if too quick feaverish and in a fatal Hectick but if it keep an Equal Course then the Common Wealth is in a good Constitution True is that of a Learned Politician in the Curious Clock-work of Justice the Least Pin or Wheel amiss Distempers and Disorders All and Causes the whole frame to be taken in Pieces and 't is heartily wisht they may keep time with the Royal hand and strike as that Points Thus My Lord having given You a brief account of my thoughts in such a weighty matter I humbly take my Leave and subscribe my self My Lord Your Lordships Most Obedient Servant W. B. (a) Brit. Cap. 34. de Donis (b) Tit. de Reg. Off. f. 130. (c) Fitz. H. Abr. Til. Devise n. 5. Exec. n. 108. (d) Rol. Parl. 40. Edw. 3. n. 8. (f) 42 Ed. 3. n. 7. Lex Consuetud Parliamenti Lib. 12. f. 28 Dan. Hist of W. first (a) Lib. 2. de Nat. Deorum 1 H. 7.4 Plowd Com. f. 238. Cok's Litt. f. 16. Ann. H. 7. f. 8. 1 Sam. 24.26 25 H. 8. c. 22. 26 H. 8. c. 2. 35 H. 8. c. 1. Lib. 3. c. 2. of Inherit Succession Sen. Coke Litt. Sect. 1.
THE WHITE ROSE OR A WORD for the House of YORK Vindicating the RIGHT OF SUCCESSION IN A Letter from Scotland TO A Peer of this Realm 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Leges sequi Patrias pulchrum est E Clearcho LONDON Printed Anno Dom. MDCLXXX THE White Rose My Lord I NEED not acquaint your Lordship what a general sorrow invaded us upon the departure of His Royal Highness from amongst us when I tell you that we lookt upon and esteem'd his coming hither to be one of the most signal Honours that hath been done Our Nation since the happy Restauration of His Most Sacred Majesty The benign Influence of this generous Prince vouchsaf'd to our cold Clime seem'd like the welcome Approaches of the Sun to the benighted Indians who are said to welcome that glorious Luminary with the Extatick Acclamations of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If ever Our Nation had any Affinity to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence Etymologists tell us 't is derived 't was at the departure of this Great Duke I cannot without fresh Reluctancy acquaint your Lordship what a mutual uneasiness and trouble was exprest at parting His Royal Highness assuring us That nothing but the satisfaction of waiting upon the King could ballance the trouble he had to part so soon from us On the other hand we made our humble Acknowledgments for the great happiness we had in his illustrious presence and how much we were obliged to his good Advice and Conduct protesting That as Our Allegiance obliged us to venture our Lives and Fortunes for His Majesty our Affections to His Royal Highness would engage us to do the same for Him if His Occasions should require it This Royal Heroe like the Dove turned out of the Ark took footing here finding the threatning Inundation abated and I hope is some time since returned with Safety and the Olive of Peace having compleated that Imperfect Conquest which left us but too many Instruments of Revenge for I am confident we have now few Male-Contents here but what his Departure hath made Those Mists were dissipated so soon as his Royal Rayes broke out amongst us for 't is this Gracious Prince's Peculiar to subdue the heart whilst Others can only tame the Violence of the Man and make Rebellion lick its own lips and mis-shapen Issue into the beauty and symmetrice of Subjectian and Loyalty From the secret instincts of Nature Birds and Beasts are taught to obey the Eagle and Lyon though several are hardy enough to undertake unequal Matches from any of the Lower Rank especially if edg'd by Keen hunger or Exasperated by bloody Revenge yet the same Wolfe that bristles at a Bear will crouch to the Lyon insomuch that Ethicks seem amputated from the Rational and grafted in the Sensitive Stock We know what Birds with greatest noise proclaim their Encounters as if mighty matters were Atchiev'd when a sew despicable Vermin are the sole Trophies of the scorn'd and derided Victor who mistakes the chattering of the multitude for Ovations and Io Triumphes and the Fights of a Coffe House or the Registry of an Intelligencer sufficient Records to eternize his illegitimate fame and glory Should I recount the Atchievements of His Royal Highness for the Peace and Safety of the Three Kingdoms I should intricate my self in a Labyrinth too tedious for Your Lordship to expect my Regression and possibly offend the Virtue of that Prince which as 't is the blessing of this will be the standing Wonder of future Ages a Prince whose Heroick Spirit glories in great and adequate Actions taking a greater complaisance and satisfaction in doing brave than in hearing of it In short all that can be said upon so glorious a Subject will be so far from Panegyricks that 't will be but telling men when the Sun shines in their Hemisphere 't is Day I proceed therefore to a nearer Observance of Your Lordship's Commands and the Letter you were pleased to send me in which I find so much writ and so well in Vindication of the Right of Succession that the Author hath almost anticipated all further Discourse upon the same Subject However I shall presume to advance the Superstructure a Story higher since the Foundation seems so firm and supportable I must confess you have as much engag'd me out of my Province as if Architecture were the thing to be considered of indeed But yet I shall shew my Obedience as well as Vnskilfulness in the performance of your irresistible Commands I have since the contracting of this weighty Point lookt into such Books of Law and History as I am at present furnisht with which assure me that the Course of Right Succession to the Crown is not to be diverted from its proper Channel Or if you please The Descent of the Crown in the Right Line cannot de Jure be impeded by any Act or Deed whatsoever This Proposition I shall endeavour to evince by Authority and Reason proceeding by an easie Climax or Gradation to the Matter and consider it first in its less questionable Instances And first says an Antient Author Roys ausi ne pourront rien aliener en droit de leur Corone ne de lour Royaltie que il ne soit repealable per lour Successors With which Mr. Lambard in his antient Laws of England concurs in these words Debet de Jure Rex Omnes Terras Honores omnes Dignitates Jura Libertates Coronae hujus Regni in integrum cum Omni integritate sine diminutione servare Defendere So that the Alienations of Kings in the Right of their Crowns are repealable by their Successors and that they are bound by Law to defend and preserve all the Lands Honours Dignities Laws and Liberties of the Crown entire with all integrity and without diminution The Opinion of all the Judges and Doctors both of the Civil and Common Laws assembled in the Exchequer-Chamber upon the Demise of H. 4th was That the said King might make a Will and give Legacies but that he could not bequeath the goods of the Realm vizt the Antient-Crown and Jewels much less can a King dispose of the Soveraignty it self In the time of Ed. the third about the 40th of his Reign the Pope by his Legate demanded of the King Homage for his Kingdoms of England and Ireland and the Arrears of 1000 Marks per Annum granted by King John to Pope Innocent the 3d. and his Successors and threatned that if it were not paid the Pope was resolv'd to proceed against the King by Excommunication c. Whereupon King Ed. called a Parliament in which it was declared by the Unanimous Consent of the Lords and Commons that no King can put Himself his Realm or People under a Foreign Subjection without Assent of the Lords and Commons in Parliament and therefore if King John had done it by the Common-Council of his Barons as his Charter purported yet it was altogether invalid for that it was