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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A39852	A letter from a gentleman of quality in the country, to his friend, upon his being chosen a member to serve in the approaching Parliament, and desiring his advice being an argument relating to the point of succession to the Crown : shewing from Scripture, law, history, and reason, how improbable (if not impossible) it is to bar the next heir in the right line from the succession.	E. F.	1679 (1679)	Wing F14; ESTC R19698	29,065	21

the true and legal Title abiding in the House of York See to prove this Brook Parl. pl. 105. 1 H. 7. 4. v. The second Instance is that of King Henry the Seventh This King while he was Earl of Richmond together with many Lords and Commons that took his part were all attainted of High Treason by the Parliament of Richard the Third Afterwards at the Battel of Bosworth the Earl obtain'd the Victory and slew Richard in the Field and on the same day assum'd the Crown upon him and presently afterward summon'd a Parliament On the first day of this Parliament say our Books of Law and Histories all the Judges of England were assembled in the Exchequer Chamber to resolve a very rare and perplex'd Case viz. What should be done about the reversal of the said Parlementary Attaindors of the King and divers Lords and many Knights Citizens and Burgesses that were to sit in Parliament that day And after mature Deliberation had among themselves they all Resolved That for all the Lords and Commons that were attainted they advised them not to sit in Parliament till an Act of Parliament was passed by the other Lords and Commons not attainted and assented to by the King for the reversal of those Attaindors and after the Reversal then all of them to sit in the Houses For that it was not convenient that any should sit as Judges in those Houses that were attainted But concerning the King himself they unanimously Resolved That the Crown takes away all defects in Bloud and Incapacities by Parliament And that from the time the King did assume the Crown the Fountain was cleared and all the said Attaindors and Corruptions of Bloud and other Impediments absolutely discharged And yet the said King Henry the Seventh was onely King de facto also the legal Title as I have before observed abiding in the House of York See to prove all this the Books of 1 H. 7. 4. v. Fitz. Parl. pl. 2. Brook P. Statutes pl. 37. 175. Plowden's Com. 238. v. Lord Barkley's case Co. 7 Rep. 12. ● Calvin's case Co. 1 Inst 16. a. Jenk centuries 203. Lord Bacon's Hist H. 7 fol. 13. All in express terms And if the Influence and Operation of Law be so forcible and vigorous in Cases of colourable and specious Title onely as that of the said King Henry the Seventh was as I shall demonstrate at large in the sequel of this Discourse how much more will it be where there is Proximity of Bloud and undoubted Right The last Instance is that of Queen Elizabeth an Instance of fresh and recent memory This Princess had been bastardiz'd and render'd incapable of Succession to the Crown by solemn Act of Parliament and yet notwithstanding upon the Death of Queen May the said Queen Elizabeth succeeded to the Crown And Sir Nicholas Bacon Lord Keeper of the Great Seal and Oracle of the Law in that Age and upon whom the Queen altogether relied in matter of Law and who no doubt in a Case of that Importance had consulted all the Judges of England was clear of Opinion saith Cambden That there needed not any formal Repeal of the said Act as there never was any because saith the same Author the Law of England had long before pronounced Coronam semel susceptam omnes omnino Defectas tollere That the Crown once obtain'd doth absolutely wipe out all Defects whatsoever And in this Point the Civil Law agrees also with the Common Law of England for Vpian a famous Doctor tells us That the possession of the Crown purgeth all Derects and maketh good the Act of him in Authority although he wanteth both Capacity and Right Moreover by the Laws of England the right Heir becomes absolute and perfect King in the very moment that the Crown descends upon him though he happen to be at the same time in the remotest parts of the World and before he be actually Crown'd And therefore King Edward the first though at the time of his Father's Death he was absent in the Holy Land in War against the Infidels yet he was immediately acknowledg'd here by the whole Realm for their King And in his return homewards did Homage to the French King for the Lands which he held of him in France and repressed certain of his Rebellious Subjects in Gascoign and yet he was not crown'd till almost two years afterwards And the Case of his Sacred Majesty that now is was very like for he began his Reign from the moment of that fatal and impious Stroke given to his Royal Father of ever glorious Memory and yet his present Majesty was not at that time in England And this is expresly resolved to be the Law of this Nation by all the Judges of England Mich. 1. Eliz. Dyer's Rep. 165. a. So King Henry the sixth Edward the fourth Henry the seventh summon'd Parliaments condemn'd Traitors made Grants and did all other Acts which a crowned King may do before their several Coronations And the like was done by King Henry the eighth Edward the sixth Queen Mary Queen Elizabeth King James King Charles the first and His Gracious Majesty that now is For coronation is but an Ornament and Solemnization of the Royal Descent but no part of the Title and the Kings of England are to all Intents and Purposes compleat and perfect Kings before Coronation and so it was expresly resolved by all the Judges of England 1 o Jacobi in the Cases of Watson Clarke and Sir Walter Raleigh which in a matter so clear shall suffice Having thus as I conceive made my Point good and impregnable Viz. That the next Heir of the Blood cannot be excluded from the Succession by Act of Parliament I come now to answer certain Objections which some Men I perceive are fond of and do not a little glory therein and the most considerable of them are three in Number First say they there are several Instances of Kings of this Realm whose Titles to the Crown depended purely upon the Election of the People and Acts of Parliament and not upon Proximity of Blood and Inherent Birth-right as to go no higher the Titles of King John Henry the fourth Henry the seventh Moreover Henry the eighth entail'd the Crown upon himself and his Children by Act of Parliament And these Establishments by Parliament were look'd upon as good Titles to the Kings in Possession and bars against the next Heirs I Answer they were never look'd upon as good Titles to the Kings in Possession or bars against the right Heirs neither ought they to be deemed so as doth most evidently appear by the former part of this Discourse And which I shall now farther demonstrate by Enquiry into the Titles and Circumstances of each particular King mentioned in the Objection First for King John it is plain he was King de facto but not de jure for he invaded the Crown against the Right of his Nephew

A LETTER FROM A Gentleman of Quality IN THE COUNTRY TO HIS FRIEND UPON His being Chosen a MEMBER to serve in the Approaching PARLIAMENT and desiring his Advice BEING AN ARGUMENT Relating to the Point of Succession to the Crown SHEWING From Scripture Law History and Reason how Improbable if not impossible it is to Bar the next Heir in the Right Line from the Succession Printed in the Year 1679. To my Honoured Friend A. B. SIR YOU have been pleased among far better choice to consult a mean Man in a great Point now depending before you in Parliament and agitated in every Man's mouth it is no less than Whether the Parliament of England may by their Act exclude and disable the next Heir of the Blood Royal from Succession to the Crown I know it hath been commonly discours'd that the Statute of 13 o Eliz. cap. 1. hath already setled this Point and anticipated the Debate thereof wherein it is Enacted That whosoever shall after the Death of that Queen affirm That the Parliament of England hath not full Power to bind the Crown in Point of Descent and Succession shall forfeit his Goods and Chattels But Sir under favour this Law doth not in any wise affect either you or me as this Case is It doth not affect you because you being a Member of the Grand Council of the Nation have thereupon a part and share in the Legislature that is in the making new and abrogating of Old Laws and all Men know that Freedom and Liberty of Speech and Debate are the very Essence and Soul of all Councils It doth not affect me because this being a Point stir'd in your House and being also of that sublime Nature and Importance it is but natural for any Member thereof freely to advise with his Friend about it with mutual security for if it were enacted even by Parliament that no Member thereof should consult his Books or Friends about any Affair moved in either House that Act would be null and void in it self as being ridiculous and impertinent And I am able to prove by irrefragable Records of Parliament which I have perus'd That the Members of your House in ancient time have sometimes demurr'd to pass certain Bills of extraordinary Nature till they have confer'd and advis'd with their Countreys who had intrusted and chose them And if the Question now before you be not of that Nature I know not what is But because the Objection founded upon the said Statute of 13 o El. is one of the Herculcan Arguments now in every Man's mouth and of which I observe some Men are not a little fond and lay a great part of their stress upon it it shall not so easily escape my Animadversions and therefore towards the close of this Discourse I hope you will find I have stab'd it into the fifth Rib. Only I conceived it not altogether unseasonable to pinch this sturdy Objection a little in the beginning by way of Anticipation Sir There is no English Man hath a more profound Veneration and Deference for the public Sanctions and Establishments of my Country than my self I know well they contain the collective Wisdom and Providence of the Nation They are in great measure the Ramparts and Sea-walls of the Common Liberties and Propriety They are humanly speaking the Fountains and Sources of all that is dear to our Souls and Bodies but withall it is to be remembred That God Nature and the immutable Customs of this Realm have plac'd some Things and Matters above their Influence and Coercion And we know that the Judges of the Common Law to whom alone by a deep Polity the Construction and Superintendency of all Statute-Laws is intrusted have in all Ages made bold sometimes to weigh the same Statute-Laws in the Ballance and for certain Reasons appearing to them have now and then without deflowring their Consciences and Integrity adjudged them null and void Of this kind I shall produce some Instances in their proper place Neither is it to be forgotten that his Sacred Majesty whose concernment in the Fate and Event of this Question is not small hath in several of his late Speeches Printed and Publish'd by his Special Command admonish'd the Two Houses That they do not in any of their Bills Impeach the Right of the Succession nor the Descent of the Crown in the true Line Upon this Foundation it is together with that profound Duty which I owe to my gracious Soveraign and Love to my Country to say nothing of my particular respect to your self that I have undertaken the following Discourse In the which you will perceive I have laid before you my Sentiments and Notions with that Freedom and Assurance which becomes a faithful Advisor and Friend And I should be sorry you should find any thing in the whole Discourse contrary to right Reason or the Laws of England or not munited with Authorities Sacred and Inviolable There is one Thing I had almost forgot to tell you which yet perhaps may seem superfluous enough to your self who knows me so well which is That I am an unworthy Member of the Church of England I was Baptis'd in that Faith and I design by God's Grace to Live and Dye in it And which doth not always happen I know no Relation I have in the World of a contrary Persuasion For my Principles as they respect the State I am for supporting the Monarchy of England with those Regalities and Flowers with which the Laws of my Country have embellish'd and illustrated the Crown And yet am and shall upon all Occasions appear as Zealous in the Defence and Vindication of the Common Liberties and Property of my Country-men as any Man whatsoever And if I may mention it without too much Ostentation or Envy my Relations were Fidele and Loyal to the Crown during our late Domestic Revolutions the tragical Marks whereof I praise God we have chearfully born in our Bodies and Estates Having thus premised these things I shall now address my self to the Debate of the principal Matter wherein Sir I must all a long so consider your Time and Patience that I must much more consider the Dignity and Nature of the Argument and subject matter And I doubt not under favour effectively to maintain and prove That the Parliament of England cannot by their Act exclude or disable the next Heir of Blood Royal from Succession to the Imperial Crown of this Nation This I shall make good by great and important Reasons and Authority drawn from the Laws of God Nature the Laws of England Common and Statute the Canon and Civil Laws Histories Ancient and Modern and Records of Parliament and other Courts from which Foundations a Point of this nature and sublimity is to be decided First then I shall lay this down for a Ground That the Succession of the Crown of England by the Laws of God and Nature is inseparably annexed to proximity and nextness of Blood And then all Statute-Laws