Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	die_v	king_n	year_n	13,736	5	5.1327	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50551	Jus regium, or, The just and solid foundations of monarchy in general and more especially of the monarchy of Scotland, maintain'd against Buchannan, Naphtali, Dolman, Milton, &c.	Mackenzie, George, Sir, 1636-1691.	1684 (1684)	Wing M163; ESTC R945	87,343	224

King Robert the Second with the Advice and Consent of the whole Three Estates That the Sons then born to the King by his first and second Wives and their Heirs should in order succeed to the King in manner after specified That is to say that his eldest Son by the first Marriage John Earl of Carrick should immediately succeed as had been already declar'd in the preceding Parliament and after him his Heirs And in case he dy'd without Issue that his Brother Robert Earl of Monteith the King 's second Son of that Marriage should succeed and his Heirs Which failing that Alexander Earl of Badenoch the King 's third Son of that Bed and his Heirs should inherit the Crown And in case that fail'd that David Earl of Strathern the King 's fourth Son by his second Wife and his Heirs should succeed And that failing that Walter the King 's fifth Son by the said second Wife and his Heirs should inherit the Crown And if it should happen that the said five Sons and their Issue should fail that then the next in Blood of the Royal Line should succeed Which Act all the Three Estates did for themselves and their Heirs for ever solemnly swear to observe as is more at large to be seen in the Original it self And if the pretended Defect be true it was a very palpable and a very undeniable 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 King Kenneth the third 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 James Earl of Dowglas 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 setled upon Robert the third 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 second succeeded to the Crown that year nor did Euphan Ross die till the third 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 in anno 1365 and so long before he was King In which Charter likewise John 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 Joannes 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 alwayes 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 lie buried together Item I have seen in the Registers another Charter granted by King Robert the 2d in the first year of his Reign with the consent of John Earl of Carrick primogenitus haeres Allano de Lavidia terrarum de Whitslet And another granted by the said King 1. June anno primo regni confirming to Paulo Metire a Charter granted by the Earl of Ross Father to Euphan wherein the said John 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 John Kennedy of the Barony of Dalrymole in both which the said John Earl of Carrick is call'd Primogenitus and is Witness with the Earl of Dowglas so that he has been design'd eldest Son and Heir openly uncontrovertedly and in all Papers and with the consent of the second Wife and her Relations 6. In the Parliament 1372. the said John 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 Statutes of King Robert the second Father to the said John 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 I have also seen in Fordon's History lib. 14. pag. 73. a Charter granted by King David to the Bishops with the consent of Robert his Nephew and his Sons giving power to the Bishops to dispose in Testament upon their own Moveables which before that time did by a corrupt custom fall to the King in which Charter the Witnesses are Robertus Senescallus Comes de Strathern Nepos noster Joannes Senescallus Comes de Carrict filius suus primogenitus haeres Thomas Comes de Mar Georgius de Dunbar Comes de March Gulielmus Comes de Dowglass so that here is not only the attestation of the Father before he was King naming John Earl of Carrick

the People nor Parliaments of this Kingdom could exclude the Lineal Successor or could raise to the Throne any other of the same Royal Line For clearing whereof I shall according to my former method First clear what is our positive Law in this Case Secondly I shall shew that this our Law is founded upon excellent Reason And lastly I shall answer the Objections As to the first It is by the second Act of our last Parliament acknowledged That the Kings of this Realm deriving their Royal Power from God Almighty alone do Lineally succeed thereto according to the known degrees of Proximity in Blood which cannot be interrupted suspended or diverted by any Act or Statute whatsoever and that none can attempt to alter or divert the said Succession without involving the Subjects of this Kingdom in Perjury and Rebellion and without exposing them to all the fatal and dreadful consequences of a Civil War DO THEREFORE from a hearty and sincere sence of their duty recognize acknowledge and declare that the right to the Imperial Crown of this Realm is by the inherent right and the Nature of Monarchy as well as by the fundamental and unalterable Laws of this Realm transmitted and devolved by a lineal Succession according to the Proximity of Blood And that upon the death of the King or Queen who actually reigns the Subjects of this Kingdom are bound by Law duty and allegiance to obey the next immediate and Lawful Heir either Male or Female upon whom the right and administration of the Government is immediatly devolved And that no difference in Religion nor no Law nor Act of Parliament made or to be made can alter or divert the right of Succession and lineal descent of the Crown to the nearest and Lawful Heirs according to the degrees aforesaid nor can stop or hinder them in the full free and actual administration of the Government according to the Laws of the Kingdom LIKE AS OUR SOVEREIGN LORD with advice and consent of the said Estates of Parliament do declare it is High-treason in any of the Subjects of this Kingdom by writing speaking or any other manner of way to endeavour the alteration suspension or diversion of the said right of Succession or the debarring the next Lawful Successor from the immediate actual full and free administration of the Goment conform to the Laws of the Kingdom And that all such attempts or designs shall infer against them the pain of Treason This being not only an Act of Parliament declaring all such as shall endeavour to alter the Succession to be punishable as Traitors but containing in it a Decision of this Point by the Parliament as the Supream Judges of the Nation and an acknowledgment by them as the representatives of the people and Nation There can be no place for questioning a point which they have plac'd beyond all controversie especially seeing it past so unanimously that there was not only no vote given but even no argument proved against it And the only doubt mov'd about it was whether any Act of Parliament or acknowledgment was necessary in a point which was in it self so uncontroverted And which all who were not desperate Fanaticks did conclude to be so in this Nation even after they had heard all the arguments that were us'd and the Pamphlets that were written against it in our Neighbour-Kingdom But because so much noise has been made about this question and that blind bigotry leads some and humorous faction draws others out of the common road I conceive it will be fit to remember my Reader of these following Reasons which will I hope clear that as this is our present positive Law so it is established upon the fundamental 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 Allegiance to FERGUS who was the first of our Kings and to his Heirs And that they would 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 an 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 chuse any of the Royal Family whom they pleas'd which is so true that in Law an obligation granted to any man does in the construction of Law accrue 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 Wars under the powerful influence of Picts and Britains they refus'd notwithstanding to prefer the next of the Royal Race who was of perfect age and a Man of great Merit to the Son of King FERGUS though an infant which certainly in reason they would have done if they had not been ty'd to the lineal Successor But least the Kingdom should be prejudg'd during the minority they enacted that for the future the next of the Blood Royal should always in the minority of our Kings administer 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 chuse 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 enemies he was called King yet he he was but Rex fidei Commissarius being oblig'd to restore it to the true Heir chosen rather to serve than Reign and so Governed only for a time and consequently was only his Vice-Roy But because the Uncles and next Heirs being once admitted to this fidei Commissarie title were unwilling to restore the Crown to their Nephews and sometimes murder'd them and oft-times rais'd Factions against them Therefore the People abhorring those impieties and weary of the distractions and divisions which they occasion'd begg'd from King KENNETH the 3 d that these following Laws might be made 1. That upon the Kings death the next Heir of whatsoever Age should succeed 2. The Grand-child 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 chosen to Govern after which the King should enter to the free Administration and according to this constitution some fit Person has still been chosen Regent in the Kings Minority without respect to the Proximity of Blood and our Kings have been oft-times Crown'd in the Cradle In conformity also to these Principles all the acknowledgments made to our Kings run still in favour of the King and his Heirs As in the first Act Parl. 18 JAMES