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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

project I find also that as the debarring the Right Heir is in reason the fruitful seed of all Civil War and misery for who can imagine that the Right Heir will depart from his Right or that wise men will endanger their lives and fortunes in opposition to it so experience has demonstrated how dangerous and bloody this injustice has prov'd Let us remember amongst many Domestick examples the miseries that ensu'd upon the exclusion of Mordredus the Son of Lothus the destruction of the Picts for having secluded Alpinus the Right Heir the Wars during the Reign of William the Conqueror those betwixt King Stephen and Henry the II betwixt the Houses of Lancaster and York betwixt the Bruce and the Baliol the murther of Arthur Duke of Britanny true Heir of the Crown of England with many other foreign Histories which tell us of the dreadful mischiefs arising from Pelops preferring his youngest Son to the Kingdom of Micene from Aedipus commanding that Polinices his youngest Son should reign alternately with the eldest from Parisatis the Queen of Persia's preferring her youngest Son Cyrus to her eldest Artaxerxes from Aristodemus admitting his two Sons Proclus and Euristhenes to an equal share in the Lacedaemonian Throne The like observations are to be made in the Succession of Ptolemaeus Lagus and Ptolemaeus Phisco In the Sons of Severus in the Succession of of Sinesandus who kill'd his Brother Suintilla Righteous Heir of Spain and that of Francis and Fortia Duke of Millan with thousands of others In all which either the Usurpers or the Kingdom that obey'd them perish'd utterly To prevent which differences and mischiefs the Hungarians would not admit Almus the younger Brother in exclusion of the elder Colomanus though a silly deform'd Creature albeit Almus was preferr'd by Ladislaus the Kings eldest Brother to both Nor would France acquiesce in St. Lewis's preferring CHARLES's third Son to Lewis the Eldest And the English refus'd to obey Lady Jean Gray in prejudice of Queen Mary though a Papist and persecuter Tali constanti veneratione nos Angli legi timos Reges prosequimur c. says an English Historian Seventhly If Parliaments had such Powers as this then our Monarchy would not be hereditary but elective the very essence of an hereditary Monarchy consisting in the right of Succession according to the contingency of blood Whereas if the Parliament can prefer the next save one they may prefer the last of all the Liue for the next save one is no more next than the last is next And the same reason by which they can chuse a Successor which can only be that they have a Power above him should likewise in my opinion justifie their deposing of Kings And since the Successor has as good right to succeed as the present King has to Govern for that Right of blood which makes him first makes the other next and all these Statutes which acknowledge the present Kings Prerogatives acknowledge that they belong to him and his Heirs it follows clearly that if the Parliament can preclude the one they may exclude the other And we saw even in the last age that such reasons as are now urged to incapacitate the Children of our last Monarch from the hope of Succession viz. Popery and arbitrary Government did embolden men to Dethrone and Murder the Father himself who was actual King Eighthly That such Acts of Parliament altering the Succession are ineffectual and null is clear from this that though such an Act of Parliament were made it could not debar the true Successor because by the Laws of all Nations and particularly of these Kingdoms the right of Succession purges all defects and removes all impediments which can prejudge him who is to Succeed And as Craig one of our learn'd Lawyers has very well express'd it tanta est Regii sanguinis praerogativa dignitas ut vitium non admittat nec se contaminarep atiatur And thus though he who were to succeed had committed Murther or were declar'd a Traitor 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 coming to the Crown But his very Right of blood would purge all these imperfections Of which there are 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 Like as upon this account it is that though in the Canon Law Bastards cannot be promoted 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 private 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 Albany and his Succession being declared Traitours by his Brother King James the IV his Son John 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 James the V. had died These being sufficient to establish our design I shall mention only some forraign stories CHARLES the VII of France who though banish'd by Sentence of the Parliament of Paris did afterwards succeed to the Crown And though Lewis the XII was forfeited for taking up Arms against CHARLES the VIII yet he succeeded to him

Queens death It therefore follows that it was never valid For if it had King James might have thereby been excluded by that person who should have succeeded next to the Scottish Race For it 's undeniable that Queen Mary did during Q. Elizabeths Life pretend Right to the Crown upon the account that Queen Elizabeth was declared Bastard And therefore the calling in of King James after this Act and the acknowledging his Title does clearly evince That the Parliament of England knew that they had no power to make any such Act The words of which acknowledgment of King James's Right I have thought fit to set down as it is in the Statute it self 1 Jac. Cap. 1. That the Crown of England did descend upon King James by inherent Birthright as being lineally justly and lawfully next and sole Heir of the Blood Royal. And to this Recognition they do submit themselves and Posterities for ever until the last drop of their Blood be spilt And further doth beseech His Majesty to accept of the same Recognition as the first Fruits of their Loyalty and Faith to His Majesty and to His Royal Progeny and Posterity for ever It may be also objected That by the 8 Act. Parl. 1. Ja. 6. it is provided in Scotland that all Kings and Princes that shall happen to Reign and bear Rule over that Kingdom shall at the time of their Coronation make their faithful promise by Oath in presence of the eternal God that they shall maintain the true Religion of Jesus Christ the preaching of the Holy Word and due and right Administration of the Sacraments now received and preach'd within this Kingdom from which two Conclusions may be inferr'd 1. That by that Act the Successor to the Crown may be restricted 2. That the Successor to the Crown must be a Protestant that being the Religion which was professed and established the time of this Act. To which it is answered That this Act relates only to the Crowning of the King and not to the Succession Nor is a Coronation absolutely necessary Coronatio enim magis est ad ostentationem quam ad necessitatem Nec ideo Rex est quia coronatur sed coronatur quia Rex est Oldrad consil 90. num 7. Balbus lib. de coronat pag. 40. Nor do we read that any Kings were Crown'd in Scripture except Joas And Clovis King of France was the first who was Crown'd in Europe Nor are any Kings of Spain Crown'd till this day Sisenandus was the first who in the fourth Tolletan Council gave such an Oath amongst the Christians as Trajan was the first amongst the Heathen Emperours And we having had no Coronation Oath till the Reign of King Gregory which was in Anno 879. he having found the Kingdom free from all Restrictions could not have limited his Successor or at least could not have debarr'd him by an Oath Nullam enim poterat legem dictare posteris cum par in parem non habeat imperium as our Blackwood observes pag. 13. 2. There is no Clause irritant in this Act debarring the Successor or declaring the Succession Null in case his Successor gave not this Oath 3. The Lawful Successor though he were of a different Religion from his People as God forbid he should be may easily swear That he will maintain the Laws now standing And any Parliament may legally secure the Successor from overturning their Religion or Laws though they cannot debar him And though the Successor did not swear to maintain the Laws yet are they in little danger by his Succession since all Acts of Parliament stand in force till they be repeal'd by subsequent Parliaments and the King cannot repeal an Act without the consent of Parliament But to put this beyond all debate the 2d Act of this current Parliament is opposed whereby it is declared That the Right and Administration of the Government is immediately devolv'd upon the next lawful Heir after the death of the King or Queen and that no difference in Religion nor no Law nor Act of Parliament can stop or hinder them in the free and actual Administration Which is an abrogation of the foresaid Act concerning the Coronation as to this Point for how can the administration be devolv'd immediately upon the Successor if he cannot administer till he be Crown'd and have sworn this Oath And therefore King James urges very well That sure immediately upon the death of the last King the Successor acquires a Right they who debar the Successor do not exclude a Successor from entering but debar a righteous King And by Act 2. Parl. 1. Sess 2. Ch. 2. It is declar'd Treason to suspend the King from the Stile Honour or Kingly Name And whereas Dolman urges That at all Coronations the People are ask'd If they will have such a King It is answered That this is no necessary Solemnity and is done rather to give the People occasion to shew their affection than their power even as a Gentleman in England is appointed to offer Due● to any who would controvert the King's Right who is to be Crown'd notwithstanding of which offer he who would controvert the Title would certainly commit Treason Nor can it be deni'd from our History but that many of our Kings have reign'd long before they were Crown'd and that those who rebell'd against them before their Coronation were as legally Traytors as those who rebell'd after it All Kings number the years of their Reign from their Predecessors death and not from their Coronation They grant new Commissions and Judicatures who should understand Law best of all others decide in their Name and by their Authority before they be Crown'd So that I cannot but smile at Dolman's Conceit who says That a King before his Coronation is betroth'd but not a King espous'd to the Commonwealth till his Coronation and consequently may till then be rejected But this is a meer Whimsie and Scholastick Conceit for sure he acts as King and since they who oppose him commit Treason it is certain that he cannot be rejected and the solid Right of Blood and not airy Formalities make Kings Nor can I understand how Election and Birth can be join'd to compleat the excellency of Hereditary Monarchy as Doleman teaches for make it our Elective upon the unfitness of the Successor and all Successors shall be call'd unfit and unable to govern when a Faction resolves to set up a Rival though he be really yet more unfit than the true Heir is The next Objection is That since the King and Parliament may by Act of Parliament alter the Successions of private Families though transmitted by the Right of Blood why may they not alter the Succession in the Royal Family To which it is answered that the reason of the difference lyes in this that the Heirs of the Crown owe not their Succession to Parliaments for they succeed by the Laws of God Nature and the Fundamental Laws of the Nation whereas private Families are

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 Commonwealths 4. The reason why the Minor King was to have one to supply his Non-age 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 joint 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 decries 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 third we had Seventy nine Kings amongst whom almost the half were the most impious tyrannical or lazy 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 K. Kenneth the third to King CHARLES the Second inclusive we have had Thirty one Kings Twenty six 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 whil'st they were very young yet that he can chuse a fitter Successor than Parliaments can do whereas the other five Kings who came to the Crown against that Law of Kenneth the third viz. Constantine the Bald Grimus Mackbeth Donal Bain and Duncan the second 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 that the Fanaticks who think that every throw of the Dice is influenc'd by a special Providence will not allow that God does by a special Providence take care who shall be his Representative who shall be the Pastor of his Flock and nursing Father of his Church let us therefore trust his Care more than our own and hope to obtain more from him by Christian Submission Humility and Obedience than we can by Caballing Rebelling and Sacrilegious Murdering or Excluding the TRUE SUCCESSOR POSTSCRIPT IN regard there is Pag. 194 195. mention made of an Act of Parliament determining the Succession of Robert the Second's Children and referr'd to here upon further Consideration the Author has thought fit to defer the printing of it till another time the Substance of it being inserted in the said Pages Books Printed for and Sold by RICHARD CHISWELL FOLIO SPeed's Maps and Geography of Great Britain and Ireland and of Foreign Parts Dr. Cave's Lives of the Primitive Fathers in 2. Vol. Dr. Cary's Chronological Account of Ancient Time Sir Tho. Herbert's Travels into Persia c. B. Wilkin's real Character or Philosophical Language Hooker's Ecclesiastical Polity Guillim's Display of Heraldry with large Additions Dr. Burnet's History of the Reformation of the Church of England in 2. Vol. Account of the Confessions and Prayers of the Murtherers of Esquire Thynn Burlace's History of the Irish Rebellion Herodoti Historia Gr. Lat. cum variis Lect. Bishop Sanderson's Sermons with his Life Fowlis's History of Romish Conspir Treas and Usurpat Dalton's Office of Sheriffs with Additions Office of a Justice of Peace with Additions Lord Cook 's Reports in English Edmunds on Caesars Commentaries Sir John Davis's Reports Judge Yelverton's Reports The Laws of this Realm concerning Jesuites Seminary Priests Recusants the Oaths of Supremacy and Allegiance explained by divers Judgments and resolutions of the Judges with other Observations thereupon by Will. Cawley Esq Josephus's Antiquities and Wars of the Jews with Fig. QVARTO DR Littleton's Dictionary Latine and English Bishop Nicholson on the Church Catechism History of the late Wars of New-England Dr. Outram de Sacrificiis Bishop Taylor 's Disswasive from Popery Parkeri Disputationes de Deo The Magistrates Authority asserted in a Sermon By James Paston Dr. Jane's Fast Sermon before the Commons 1679. Mr. John Jame's Visitation Sermon April 9. 1671. Mr. John Cave's Fast-Sermon on 30. of Jan. 1679. Assize Sermon at Leicester July 31. 1679. Dr. Parker's Demonstration of the Divine Authority of the Law of Nature and the Christian Religion Mr. William's Sermon before the Lord Mayor 1679. History of the Powder Treason with a vindication of the proceedings relating thereunto Speculum Baxterianum or Baxter against Baxter Mr. Hook's new Philosophical Collections Bibliotheca Norfolciana sive Catalogus Lib. Manuscript impress in omni Arte Lingua quos Hen. Dux Norfolciae Regiae Societati Londinensi pro scientiae naturali promovenda donavit OCTAVO BIshop Wilkin's Natural Religion Dr. Ashton's Apology for the Honours and Revenues of the Clergy Lord Hollis's Vindication of the Judicature of the House of Peers in the Case of Skinner Jurisdiction of the House of Peers in Case of Appeals Jurisdiction of the House of Peers in Case of Impositions Letters about the Bishops Votes in Capital Cases Dr. Grew's Idea of Philological History on Roots Spaniard's Conspiracy against the State of Venice Dr. Brown's Religio Medici with Digby's Observations Dr. Symposon's Chymical Anatomy of the York-shire Spaws with a Discourse of the Original of Hot Springs and other Fountains Hydrological Essays with an Account of the Allum works at Whitby and some Observations about the Jaundice Organon Salutis or an Instrument to cleanse the Stomach With divers new Experiments of the Vertue of Tobacco and Coffee with a Preface of Sir Hen. Blunt Dr. Cave's Primitive Christianity in three Parts Ignatius Fuller's Sermons of Peace and Holiness Doctor Sanway's Unreasonableness of the Romanists Record of Urines The Tryals of the Regicides in 1660. Certain genuine Remains of the Lord Bacon in Arguments Civil Moral Natural c. with a large account of all his Works by Dr. Tho. Tennison Dr. Puller's Discourse of the Moderation

of the Church of England Sir John Munsons Discourse of Supream Power and Common Right Dr. Henry Bagshaw's Discourses on select Texts Mr. Seller's Remarks relating to the State of the Church in the three first Centuries The Country-man's Physician Dr. Burnet's account of the Life and Death of the Earl of Rochester Vindic. of the Ordinations of the Church of Engl. History of the Rights of Princes in the Disposing of Ecclesiastical Benefices and Church-Lands Markam's Perfect Horseman Dr. Sherlock's Practical Disc of Religious Assemblies Defence of Dr. Stillingfleet's Unreasonableness of Separation A Vindication of the Defence of Dr. Stillingfleet in Answer to Mr. Baxter and Mr. Lob about Catholick Communion The History of the House of Estee the Family of the Dutchess of York Sir Rob. Filmer's Patriarcha or Natural Power of Kings Mr. John Cave's Gospel to the Romans Lawrence's interest of Ireland in its Trade and Wealth stated DVODECIMO HOdder's Arithmetick Grotius de Veritate Religionis Christianae Bishop Hacket's Christian Consolations An Apology for a Treatise of Humane Reason written by M. Clifford Esq VICESIMO QVARTO VAlentine's Devotions Pharmacopaeia Colegii Londinensis reformata Books lately Printed for Richard Chiswell AN Historical Relation of the Island of CEYLON in the East-Indies Together with an Account of the detaining in Captivity the Author and divers other English-men now living there and of the Author 's miraculous Escape Illustrated with Fifteen Copper Figures and an exact Map of the Island By Capt. Robert Knox a Captive there near 20 years Folio Mr. Camfield's two Discourses of Episcopal Confirmation Octavo Bishop Wilkin's Fifteen Sermons never before Extant Mr. John Cave's two Sermons of the Duty and Benefit of Submission to the Will of God in Afflictions Quarto Dr. Crawford's serious Expostulation with the Whiggs in Scotland Quarto A Letter giving a Relation of the present state of the Difference between the French King and the Court of Rome to which is added The Pope's Brief to the Assembly of the Clergy and their Protestation Published by Dr. Burnet Sir James Turner's Pallas Armata or Military Essays of the ancient Grecian Roman and Modern Art of War Folio Mr. Tanner's Primerdia Or The Rise and Growth of the first Church of God described Octavo A Letter writ by the last Assembly General of the Clergy of France to the Protestants inviting them to return to their Communion together with the Methods proposed by them for their Conviction Translated into English and examined by Dr. Gilb. Burnet Octavo Dr. Cave's Dissertation concerning the Government of the ancient Church by Bishops Metropolitans and Patriarchs more particularly concerning the ancient Power and Jurisdiction of the Bishops of Rome and the Encroachments of that upon other Sees especially Constantinople Oct. Dr. John Lightfoot's Works in English in two Volumes Folio Mr. Selden's Janus Anglorum Englished with Notes To which is added his Ep●nomis concerning the ancient Government and Laws of this Kingdom never before Extant Also two other Treatises written by the same Author One of the Original of Ecclesiastical Jurisdiction of Testaments the other of the Disposition or Administration of Intestates Goods Now the first time published Folio A Letter from Mr. Richard Smith to Dr. Henry Hammond concerning the Sense of that Article in the Creed He descended into Hell Together with Dr. Hammond's Answer Guil. Ten. R●yne Med. Do●t Dissertat de Arthritide Mantyssa Schematica de Acupunctura Item Orationes tres de Chemiae ac Botaniae Antiquitate Dignitate De Physiognomia de Monstris Cum Figuris Authoris notis illustratae Octavo Disquisitiones Criticae de variis per diversa loca tempora Biblierum editionibus quibus accedunt Castigationes Theologi cujusdem Parisiensis ad Opusc Is Vossi● de Sybillinis Oraculis ejusdem Responsionem ad objectiones Nupera Criticae Quarto D. Spenceri Dissertationes de Ratione Rituum Judaicorum c. Fol. Sub praelo FINIS