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A70102 A brief justification of the Prince of Orange's descent into England, and of the kingdoms late recourse to arms with a modest disquisition of what may become the wisdom and justice of the ensuing convention in their disposal of the crown. Ferguson, Robert, d. 1714. 1689 (1689) Wing F733; ESTC R228036 25,801 42

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the concurrence of the Two Houses of Parliament Dispose Settle and Entail the Crown as shall be thought most needful and convenient For this see Rastal's second Vol. 13 Eliz cap. 1. where the words of the Statute are as follows Be it Enacted that if any person shall in any wise hold and affirm or maintain that our Sovereign Lady Elizabeth the Queens Majesty that now is with and by the Authority of the Parliament of England 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 or that this present Statute or any other Statute to be made by the Authority of the Parliament of England with the Royal Assent is not or shall not or ought not to be for ever of good and sufficient force and validity to Bind Limit Restrain and Govern all persons their Rights and Titles that in any wise may or might claim any interest or possibility in or to the Crown of England in Possession Remainder Inheritance Succession or otherwise howsoever that every such person so Holding Affirming or Maintaining during the Life of the Queens Majesty shall be judged a high Traytor and suffer and forfeit as in cases of High-Treason is accustomed And that every person so holding affirming or maintaining after the decease of our said Soveraign Lady shall forfeit all his Goods and Chattels Nor was the Power and Authority of Parliament for conveying and disposing of the Crown ever questioned or gainsaid till a few Mercinary People about ten years ago endeavoured to obtrude upon us a pretended Divine and unalterable Right to the Suc●ession which was the more irrational strange and to be wondered at seeing all the Race of the Stewarts after Robert the first had no other Title to the Crown of Scotland but what they derived from an Act of Parliament in prejudice and preclusion of these of the Ligitimate and right Line For the said Robert having had three Sons and one Daughter by a Concubine named Elizabeth More whom he afterwards married to one Gifford himself at the same time taking into Marriage Eufemia the Daughter of the Earl of Ross by whom he had Issue Walter and David Earls of Athol and Strathern and Eufemia that was afterwards married to James Douglass Son to the Earl of Douglass The forementioned Robert did not only upon the Death of his Wife Eufemia and of Gifford the Husband of Elizabeth More take into Wedlock his former Concubine Elizabeth More but obtained by an Act of Parliament that the Children whom he had begotten upon her in Concubinate should be Entitled unto the Crown and that his Lawful and Legitimate Children by his Wife Eufemia should be precluded and debarred And it was heretofore the more surprising unto me to find the Pensionaries and Advocates of the late Duke of York plead for a Divine and unchangeable Right of Succession seeing all the claim that the Scots Race had to the Throne of England through their being descended from the eldest Daughter of Henry the Seventh was from and by an Act of Parliament which vested the said Henry in the Crown of this Realm For tho' the fore-mentioned Henry by reason of his Marriage to Elizabeth Daughter to Edward the Fourth of the House of York had a Legal Title to the Crown of England by the Common Law yet he was so far from insisting upon and allowing it that he chose to hold and possess the Crown in the force and vertue of an Act of Parliament For as his Title by the House of Lancaster was both originally unlawful and had particular flaws and defects in it so all the claim he could pretend unto that way was in the Right of his Mother who as she outlived his advancement to the Throne several years and so she was never admitted to the Royal Authority nor suffered to sway the Scepter But that which is more peculiarly my Province at present is to enquire what Power and Right the Peers and Commons of England have in and over the Crown for the Conveying Disposing and setling of it in case of a Devolution through the Thrones becoming by one means or another empty and vacant And as to this we stand provided with many and signal Presidents of the Crowns having been Conferred and Bestowed as the General Councils and Parliaments of the Kingdom judged most conduceable to the publick Safety and Benefit but still keeping within the Sphear and Circle of the Royal Family and Line The Saxon times afford several Instances and Examples in proof and confirmation hereof if it were either needful to recount them or if the brevity to which I am bound up and obliged would allow me to represent them in their full and due light and to adorn them with the circumstances that do belong unto and enforce them But all the Presidents I shall produce from thence shall be those of Alfred and Edward the Confessor of which the latter was last and the other the first Universal Saxon Monarch Horn assureth us in his Mirrour that the People of England after great Wars Tribulations and Troubles suffered for a long time by reason of their multiplicity of Kings did at last Elect and Choose one King to Reign over them whom they made to Swear that he should not only Govern them by Law but that he should be obedient to suffer Right as well as others of his people should be Accordingly Alfred acknowledgeth in his Will subjoyned unto his Life by Menevensis that he owed his Crown to the Bounty of his Princes and of the Elders of his People Principes cum Senioribus populi misericorditer ac benignè dederunt And for Edward the Confessor he could have no Right to the Crown save by the Grant and Gift of the People seeing the Claim by Descent and Common Law was in his Nephew Edward the Son of Edmond Ironside Accordingly all our Historians lodge the Confessors whole Title to the Soveaignty in his being Electus in Regem ab omni populo The power which the people of England had in the Disposal of the Crown during the time of Saxons is confirmed unto us by that Noble Record which Sir Henry Spelman hath cited Concil Vol. 1. pag. 291. For we do there find how that in a Parliament held at Calcuth An. 787. it was Ordained and Enacted in illo conventu pananglico ad quem convenerunt omnes Principes tam Ecclesiastici quam seculares unà cum populo Terrae That Kings should be Elected by the Parliament ut Eligantur à Sacerdotibus Senioribus populi and that being chosen they should have Prudent Councellers Fearing God Confiliarios prudentes Deum timentes And this Right over the Crown and about the disposal of it which our Ancestors challenged and exercised all the time of the Saxons they have maintained and exerted with no less courage and vigour in every Age since the coming in of