Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	brother_n	king_n	son_n	9,077	5	5.2235	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50542	Jus regium, or, The just, and solid foundations of monarchy in general, and more especially of the monarchy of Scotland : maintain'd against Buchannan, Naphthali, Dolman, Milton, &c. / by Sir George Mackenzie ...	Mackenzie, George, Sir, 1636-1691.; Mackenzie, George, Sir, 1636-1691. That the lawful successor cannot be debarr'd from succeeding to the crown.	1684 (1684)	Wing M162; ESTC R39087	83,008	208

Regii sanguinis praerogativa dignitas ut vitium non admittat nec se contaminari patiatur And thus though he who were to succeed had committed murther or were declar'd a traitour formerly to the Crown for open Rebellion against the King and Kingdom yet he needed not be restor'd by Act of Parliament upon his comming to the Crown But his very Right of blood would purge all these imperfections Of which there are two reasons given by Lawyers one is that no man can be a Rebel against himself nor can the King have a Superior And consequently there can be none whom he can offend And it were absurd that he who can restore all other men should need to be restored himself The second reason is because the punishment of crimes such as confiscations c. Are to be inflicted by the Kings Authority or to fall to the Kings Thesaury and it were most absurd that a man should exact from himself a punishment Likeas upon this account it is that though in the Canon Law Bastards cannot be promov'd to sacred orders without dispensation nor can alibi nati that is to say people born out of England be admitted to succeed in England by express Act of Parliament there Yet Agapaetus Theodorus Gelasius and many others have been admitted to be Popes without any formal dispensation their election clearing that imperfection And the Statute of alibi nati has been oft found not to extend to the Royal line That the Succession to the Crown purges all defects is clear by many instances both at home and abroad The instances at home are in England Henry the VI. Being disabled and attainted of high treason by Act of Parliament it was found by the Judges notwithstanding that from the moment he assum'd the Crown he had Right to succeed without being restored And the like was resolved by the Judges in the case of Henry the VII As Bacon observes in his History of Henry the VII fol. 13. And in the case of Queen Elizabeth who was declar'd Bastard by Act of Parliament as is clear by Cambden anno 2. Elizabeth And though in Scotland there be no express instances of this because though some Rebellious Ring-leaders in Scotland have often in a privat capacity been very injurious to their King Yet their Parliaments have been ever very tender of attainting the blood Royal or presumptive Heirs But Alexander Duke of Albanie and his Succession being declared traitours by his Brother King Iames the IV. his Son Iohn was notwithstanding called home from France upon his Uncles death and declar'd Tutor and Governour without any remission or being restor'd that employment being found to be due to him by the right of blood therefore he had been much more declared the true Successor of the Crown if his Cousin King Iames the V. had died These being sufficient to establish our design I shall mention only some forraigne stories CHARLES the VII of France who though banish'd by Sentence of the Parliament of Paris did thereafter succeed to the Crown And though Lewis the XII was forfeited for taking up armes against CHARLES the VIII Yet he succeeded to him without restitution And Lewis the II. his Son being declared a Rebel whom his Father desiring to disinherit and to substitut in his place Charles Duke of Normandie that Son had succeeded if he had not been hindered by the Nobility who plainly told him it was impossible to exclude his Sone from the Succession My next task shall be to satisfy the arguments brought for mantaining this opinion whereof the first is That God himself has authorised the inverting the Right of Succession by the examples of Esau Salomon and others To which I answer that these instances which are warranted by express commands from God are no more to be drawn into example than the robbing of the Aegyptians ear-rings And it 's needing an express command and the expressing of that command does evince that otherwayes Iacob nor Salomon could not have succeeded against the priviledge of birth-Right and possession The next objection is that it is naturally imply'd in all Monarchies that the people shall obey whilst the Prince Governs justly As in the paction betwixt David and the people 2 Sam. 5. Which is most suitable to the principles of justice and Government Since relations cannot stand by one side so that when the King leaves off to be King and becomes a Tyrant the people may consult their own security in laying him aside as Tutors may be remov'd when they are suspect And that this is most just when Kings are Idolaters since God is rather to be obey'd then men To all which it is answered that God who loves order and knows the extravagant levity and insolence of men especially when baited by hope of prey or promotion did wisely think fit to ordain under the paine of eternal damnation that all men should be subject to Superiour powers for conscience sake 1 Pet. 2.13 and that whoever resists the power resists God Rom. 13.2 reserving the punishment of Kings to himself as being only their Superiour And thus David Asa and others committed crimes but were not depos'd nor debarr'd by the people Nor were even the Idolatrous Kings such as Achab Manasse c. judged by their subjects nor did the Prophets exhort the people to rise against them though they were opposing Gods express and immediat will And overturning the uncontraverted fundamentals of Religion Nor did the Fathers of the primitive Church excite the Christians to oppose the Heathen and Idolatrous Princes under which they lived and Paul commands them to pray for these Heathen Emperours Nor was the Emperour Basilicus depos'd for abrogating the Council of Chalcedon as is pretended by some Republicans but was turn'd out by the just Successor Zeno whom he had formerly dethron'd Nor were Zeno or Anastasius degraded for their errors in Religion or their vices by the ancient Christians but were opprest by private faction And sure they must think God unable to redress himself who without warrand and against his expresse warrand will usurpe so high a power And we in this rebellious principle owne the greatest extravagancy with which We can charge the Pope and Jesuits and disowne not only our own Confession of faith which Article 1. Chap. 22. acknowledges that infidelity or difference in Religion doth not make void the Magistrats just or legal authority nor free the People from their due obedience to him but contradict the best Protestant divines as Musculus Melancthon and others vid. libell de vitand superstit Anno 1150. Consil. Biden Dec. 1. Consil. 10. Decad. 10. Consil. 5. nor can the subterfuge us'd by Buchanan and others satisfie whereby they contend that the former Texts of Scripture prove only that the Office but not the Persones of Kings are Sacred so that Parliaments or People may lay aside the Persons though not the Office seing the Sacred Text secures oftner the Person than the Office

intire Seals of the Members of Parliament appended thereto by which the Parliament do swear Allegiance to Robert the 2 d. the first King of the Race of the Stewarts and after him Roberto Comiti de Carrict filio suo natu maximo his eldest Son in Anno 1371 which was the first year of his Reign and if the pretended defect be true it was a very palpable and a very undenyable one and could not but have been unanswerably known to the whole Nation And how can we imagine that the whole Parliament would have unanimously drawn upon themselves so dreadful a Perjury by excluding the lawful Heir against their National Oath in the Reign of K Kenneth the 3 d whereby they swore to own always the immediate Heir or that they would have entail'd upon themselves a Civil War by preferring even a questionable Heir after the Miseries which they had lately then felt in the competition betwixt the Bruce and the Baliol. Amongst which Seals the Seal of Iames Earl of Dowglass is one and how ridiculous is it to think that he would sit and declare a Bastard preferable to the Brother of his own Lady and to his own Lady who would have succeeded if her Brothers had died without Succession Which Act of Parliament does also clearly prove that Buchanan did not at all understand matters of Fact in this part of the History for he asserts that after the death of Euphan Ross the King married Elizabeth Muir and did by Act of Parliament obtain the Crown to be settled upon Robert the 3 d Son to the said Elizabeth Muir upon whom he also bestow'd the Title of Carrick all which is most false for this Act of Parliament is dated in Anno 1371 and King Robert the 2 d. succeeded to the Crown that year nor did Euphan Ross die till the 3 d. year after he succeeded to the Crown and so not till the Year 1374 and yet in Anno 1371 this Act is past designing him Heir to the Crown and Earl of Carrick and consequently he was so design'd before the death of Euphan Ross. 5. I have seen a Charter granted by King Robert the 2 d when he was only Steward of Scotland granted in anno 1165 and so long before he was King In which Charter likewise Iohn thereafter King by the name of Robert the 3 d is a conjunct Disponer with him under the express designation of the eldest Son and Heir Robertus Senescallus Scotiae Comes de Strathern Ioannes Senescallus primogenitus haeres ipsius Dominus Baroniae de Kyle c. which Charter confirms to the Abbacy of Pasley several Lands disponed to them by Reginaldus More Father to Sir William More of Abercorn And I find that David Duke of Rothsay was always in the Charters granted by his Father King Robert the first called Primogenitus and he was no Bastard nor can this designation be given to a Bastard as is clear by Covaruvias de Matrim part 2. cap. 8. § 2. num 4. But how can it be imagined that the Monks of Pasley would have taken a Right from a person as Heir to the Crown who was not for this would have infer'd Treason against them beside the annulling their Right or who could understand better the lawfulness of a Marriage than a body of Church-men living in the time and very near to the Residence of the married Persons and in whose Conventual-Church the said King Robert and Elizabeth Muir ly buried together Item I have seen in the Registers another Charter granted by King Robert the 2. in the first year of his Reign with the consent of Iohn Earl of Carrick primogenitus haeres Allano de Lavidia terrarum de Whitslet And an other granted by the said King 1. Iune anno primo regni confirming to Paulo Mctire a Charter granted by the Earl of Ross Father to Euphan wherein the said Iohn primogenitus haeres is a Witness And to shew that the said Euphan Ross was then living when he was so design'd Heir there is a Charter to her by the King upon the very same day of the Lands of Lochleaven As also there is a Charter granted by King Robert the 2 d the first year of his Reign to Alexander his Son and another to Iohn Kennedy of the Barrony of Dalrymple in both which the said Iohn Earl of Carrick is call'd primogenitus and is Witness with the Earl of Dowglass so that he has been design'd eldest Son and Heir openly uncontravertedly and in all Papers and with the consent of the second Wife and her Relations 6. In the Parliament 1372 the said Iohn Earl of Carrick is design'd to be Lieutenant of the Kingdom and all the Estates of Parliament swear to own him in his Government and which Statute is printed amongst the Satutes of King Robert the 2 d Father to the said Iohn and which must be during the Marriage with Euphan Ross for she liv'd three years after her Husband was King and he succeeded to the Crown anno 1371 And this also confutes Buchanan who asserts that he was created Earl of Carrick after the death of Euphan Ross and it is against all sense and reason to think that he could have been acknowledg'd during her life if he had not been the true Apparent Heir of the Crown and a lawful Son 7. Walter who they pretend should have succeeded to the Crown having kill'd his Nephew King Iames the first Son to King Robert the 3 d He was not only not own'd after the death of the said King Iames as certainly he had been if his Title had been good and his Right so recent and demonstrable having so many great and powerful Relations that his Father was induc'd upon their account to marry his Mother but yet the said Walter was by all the Parliament unanimously condemn'd as a Traitor for having conspir'd the death of his lawful Prince Nor does Boetius justifie Walter 's Title in the least but on the contrary magnifies the Parliament for their just Sentence As did likewise Aeneas Silvius the Popes learned Legat who exhorted the Parliament to condemn him 8. How is it imaginable that King Robert who had so lately and after a strong competition come to the Crown would have adventur'd to make his Title yet more disputable by preferring a Bastard to the true Heir who had so many Friends by his Mother and who being an Infant had never disoblig'd him 9. If we will consider the opinion of the Civilians whom we and almost all Nations follow in the Cases of Succession we will find that the said King Robert the 3 d was the eldest and lawful Son of King Robert the 2 d. filius legitimus non legitimatus For 1. They conclude that a Son is prov'd to be a lawful Son by the Assertion of the Father Alciat tract praesumpt Reg. 2 praesumpt 2. num 6. and certainly the Father is the best Judge in such Cases but so it is

constitution of our Government upon our old Laws upon the Laws of God of Nature of Nations and particularly of the Civil Law As to the fundamental constitution of our Government I did formerly remark that our Historians tell us that the Scots did swear alledgeance to FERGUS who was the first of our Kings and to his Heirs And that they should never obey any other but his Royal Race Which Oath does in Law and reason bind them to obey the lineal Successor according to the proximity of Blood For ane indefinite obligation to obey the blood Royal must be interpreted according to the proximity in Blood except the swearers had reserv'd to themselves a power to choose any of the Royal Familie whom they pleas'd which is so true that in Law ane obligation granted to any man does in the construction of Law accresce to his Heirs though they be not exprest Qui sibi providet haeredibus providet And Boethius tells us that after King FERGUS'S death the Scots finding their new Kingdom infested with warrs under the powerful influence of Picts Romans and Britans they refus'd notwithstanding to preferre the next of the Royal Race who was of perfect age and a man of great merit to the Son of King FERGUS though ane infant which certainly in reason they would have done if they had not been ty'd to the lineal Successor But lest the Kingdom should be prejudg'd during the minority they enacted that for the future the next of the Blood Royal should alwayes in the minority of our Kings administrat as Kings till the true Heir were of perfect age But this does not prove as Buchannan pretends that the people had power to advance to the Throne any of the Royal Race whom they judg'd most fit for common sense may tell us that was not to choose a King but a Vice-Roy or a Regent For though to give him the more authority and so to enable him the more to curb factions and oppose enimies he was called King yet he was but Rex fidei Commissarius being oblidg'd to restore it to the true Heir at his majority and so Governed only in his Vice and consequently was only his Vice-roy But because the Uncles and next Heirs being once admitted to this fidei Commissarie tittle were unwilling to restore the Crown to their Nephews and sometimes murder'd them and oftetimes rais'd factions against them Therefore the People abhorring these impieties and weary of the distractions and divisions which they occasion'd beg'd from King KENNETH the second that these following Laws might be made 1. That upon the Kings death the next Heir of whatsoever age should succeed 2. The Grand-childe either by Son or Daughter should be preferr'd 3. That till the King arriv'd at 14 years of age some Wise-man should be choos'd to Govern after which the King should enter to the free administration and according to this constitution some fit Person has still been choos'd Regent in the Kings minority without respect to the proximity of Blood and our Kings have been oftentimes Crown'd in the Cradle In conformity also to these principles all the acknowledgements made to our Kings run still in favours of the King and his Heirs As in the first Act Parl. 18. JAMES VI. and the II III IV. Acts Parl. 1. CHARLES II. And by our Oath of Alledgeance we are bound to bear faithful and true alledgeance to his Majesty his Heirs and Lawful Successors which word LAWFUL is insert to cutt off the pretexts of such as should not succeed by Law and the insolent arbitrarieness of such as being but subjects themselves think they may choose their King viz. Act 1. Parl. 21. JAMES 6. That this right of Succession according to the proximity of blood is founded on the Law of God is clear by Num. Chap. 27. v. 9. and 10. If a man hath no Son or Daughter his inheritance shall descend upon his Brother by Num. 36. Where God himself decides in favours of the Daughters of Zelophehad telling us it was a just thing they should have the inheritance of their father And ordaines that if there were no Daughters the estate should go to the Brothers Saint Paul likewayes concluds Rom. 8. If Sons then Heirs looking upon that as a necessary consequence which if it do not necessarly hold or can be any way disappointed all his divine reasoning in that Chapter falls to nothing And thus Ahaziah 2 Chron. 22. v. 1. was made King though the youngest in his Fathers stead because sayes the text ,the Arabians had slain all the eldest which clearly shews that by the Law of God he could not have succeeded if the eldest had been alive We hear likewayes in Scripture ,God oft telling By me Kings reigne And when he gives a Kingdom to any as to Abraham David c. He gives it to them and their posterity That this right of Succession flowes from the Law of nature is clear because that is accounted to flow from the Law of nature which every man finds grafted in his own heart and which is obey'd without any other Law and for which men neither seek nor can give another distinct reason all which hold in this case for who doubts when he heares of ane hereditary Monarchy but that the next in blood must Succeed and for which we need no positive Law nor does any man enquire for a further reason being satisfied therein by the principles of his own heart And from this ground it is that though a remoter Kinsman did possess as Heir he could by no length of time prescribe a valide right since no man as Lawyers conclude can prescribe a right against the Law of nature and that this principle is founded thereupon is confest l cùm ratio naturalis ff de bonis damnat cùm ratio naturalis quasi lex quaedam tacita liberis parentum haereditatem adjecerit veluti ad debitam successionem eos vocando propter quod suorum haeredum nomen eis indultum est adeo ut ne a parentibus quidem ab eâ successione amoveri possint Et § emancipati Institut de haered quae ab intest Praetor naturalem aequitatem sequutus iis etiám bonorum possessionem contra 12 tabularum leges contra jus civile permittit Which text shewes likewayes that this right of nature was stronger than the Laws of the 12 Tables though these were the most ancient and chief Statutes of Rome Which principle is very clear likewayes from the Parable Math. 21. Where the Husband-men who can be presum'd to understand nothing but the Law of nature are brought in saying this is the Heir let us kill him and seaze on his inheritance Nor does this hold only in the Succession of Children or the direct line but in the collateral Succession of Brothers and others L. hac parte ff unde cognati Hac parte proconsul Naturali aequitate motus omnibus cognatis permittit bonorum possessionem quos sanguinis ratio

we have the Father owning the said Robert the 3 d. to be his eldest Son and Heir both in Charters and Acts of Parliamnets which are the most solemn of all Deeds 2. Quando pater instituit aliquem tanquam filium suum which holds in this Case where the Father institutes and leaves him Heir and the Parliament swears Allegiance to him as the Heir Mascard de prob vol 2. conclus 799. And in dubious Cases the Father's naming such a man as a Son presumes him to be a lawful Son nominatio parentis inducit filiationem in dubio l. ex facto § si quis Rogatus ff ad trebell 3. Even Fame and the common opinion of the People do in favours of these that are in Possession and in ancient Cases prove filiationem legitimationem Mascard conclus 792. but much more where the Fame and common Opinion is adminiculated by other Arguments fulgos consil 128. Panorm in cap. transmiss qui filii sunt ligittimi 4. When Writs are produc'd calling a man a Son the Law concludes him to be a lawful Son Mascard vol. 2. conclus 800. num 15. all which can be easily subsum'd in our Case In which Robert the 3 d. is nam'd not only Son but Heir and Allegiance sworn to him even in the lifetime of the second Wife and her Relations sitting in Parliament and all this acquiesc'd in for many hundreds of years and the Competitors punish'd as Traitors by the unanimous consent of all the Parliament I know that Buchanan does most bitterly inveigh against those Laws made by King Kenneth the 3 d as Laws whereby the ancient Right of Succession was innovated and whereby the Government was settled upon Children who were neither able to consult with the People nor to defend them and whereby those had the Government of the Nation conferr'd upon them who were not capable to govern themselves To which my answer is That in this Buchanan's Malice contradicts his History for his own History tells us that the Scots swore Allegiance to Fergus and his Posterity and consequently Fergus's Son ought by Law to have succeeded and not his Brother for his Brother was none of his Posterity and therefore those Laws made by K. Kenneth did but renew the old Law and the innovation introduc'd in favours of the Uncles was a subversion of the fundamental Law to which they had sworn 2. That the old Law was not abrogated but was in Being by vertue of the first Oath appears very clear by Buchanan himself who confesses that upon the death of Durstus a wicked Prince it was debated whether his Son should not succeed juxta sacramentum Fergusio prestitum veteremque esse morem servandum which acknowledgeth that the Succession was even in these days established by Law by Oath and by Custom and after the death of Fergus the 2 d his Son Eugenius though a Minor was crown'd and his Uncle Graemus allow'd to be his Tutor And Buchanan also brings in Bishop Kennedy lib. 12. praising this Law as made by Kenneth a most wise and glorious Prince with advice of all his Estates of Parliament and which rather confirms as he says the old Law than introduces a new one so far did Buchanan's rage against Queen Mary prevail with him to praise and rail at the same individual Law and it is observable that it is very dangerous to recede once from fundamental Laws for Buchanan makes not only the Succession Elective but he makes no difference betwixt lawful Children and Bastards and excludes not only Minors during the Uncles life but Women for ever 3. In all Nations where the Monarchy is Hereditary Minors succeed and so this innovation of causing the next Male succeed for all his Life was contrary to the nature of the Monarchy and to the Customs of all Nations and God in Scripture gives us many instances of it Ioas succeeded when he was seven years of Age Iosiah when he was eight Manasseh in twelve and Azariah in sixteen and yet in those days God is said to have chosen the King for it is said in Deut. Thou shalt set over thee the King whom I have chosen and consequently the choice of Minors cannot be ill since God Almighty us'd to make such a choice I know that Eccles. 10.16 says Woe unto the land when thy King is a child but the Criticks interpret this of a King that is childish puer intellectu moribus or because Factions arise by the opposition to his Regents and this inconveniency did more necessarily attend the allowing a Regent King during Life for both the Subjects and the true Heir rais'd Factions in that Case whereas the Subjects only are factious in the other and yet even they are no more factious for that short time than they are always in Common-wealths 4. The reason why the Minor King was to have one to supply his Nonage ceasing with his Majority it was unreasonable that the Remedy should have lasted beyond the Disease and the worst effect that could have been occasion'd by the Infant King's Minority was that the Kingdom should have been during that time govern'd by joynt advice of Parliament Councils and Officers of State which in Buchanan's opinion in other places of his History and Book De Jure Regni is so excellent a Model that he decrys Monarchy as much inferior to it 5. It was most inconvenient to accustom any private Family to live in the quality of a King 6. It could not but occasion many Murders and much Faction for the true Heir could not live peaceably under this Eclipse and Exclusion nor could the Uncle live without making a Party to secure his pleasant Usurpation 7. As these Divisions and Factions were the natural and necessary Effects that were to be expected from this irregular Succession so it is very observable that from King Fergus to King Kenneth the 3 d we had 79. Kings amongst whom almost the half were the most impious tyranical or lazie Kings that ever we had according to Buchanan's character of them so happy and wise a thing is this so much magnified Election of a Successor by the People and their Representatives to supply the defects of the lawful Heir whereas from King Kenneth the 3 d to King CHARLES the 2 d. inclusivè we have had 31. Kings 26. of whom have succeeded by a due lineal Right and have prov'd vertuous Princes greater by their Merit than their Birth as if God had design'd to let us see that though most of them succeeded whilst they were very young yet that he can choose a fitter Successor than Parliaments can do whereas the other 5. Kings who came to the Crown against that Law of Kenneth the 3 d viz. Constantine the bald Grimus Mackbeath Donal Bain and Duncan the 2 d were all persons who deserved very ill to be preferred to the true Heir and who as they came to the Crown against Law so govern'd without it And it is very strange