Nature and this Realm Cons Rot. Parl. 1. E. 4. Rot. Parl. 1. R. 3. 1 Jac. c. 1. if we may give Credit to the Declarations of so many Parliaments of different Humours and Tempers So that it will prove no very hard Matter to make good what I undertook in the Third place to wit That an Act to Exclude his R.H. would be utterly Unlawful and ipsofacto void because contrary to all Laws Divine Natural and Humane and so it ought to be adjudged when ever it comes to the Question before the Reverend Judges For the Laws of God Nature are the Rays and Emanations of the Divinity they are Undeniable Eternal and Immutable and therefore cannot be Altered or Impeached by any Humane Power or Authority but only by the God of Nature it self who did Originally ordain them and so many and plentiful are the Instances of Statutes expounded void because contrary to the Law of Nature that it would be loss of time to take notice of or enumerate any of them no doubt upon this ground it is that those two great and learned Dectors of the Law Jason and Angelus do positively aver that tho the Eldest Son of a King be either a Fool or a Madman either of which qualifications are as pernicious to the Government every whit as being a Papist yet can he not be excluded from Succession And I doubt not it may be made evidently appear that Succession of the Crown to the next Heir of the Blood Royal is so Fundamental and Primary a Constitution of this Realm so antient and received a Custome that against it There never hath been nor ought to be any dispute as †His Argument of the Case of the Postnati pag. 36. the Lord Chancellor Egerton will inform us and if we look into our Antient Records we shall find more than one Parliament declaring that Jura Sanguinis nullo Jure civili dirimi possunt And it is held by several great Lawyers that a Prerogative in Point of Government cannot be restrained or bound by Act of Parliament And surely then much less can such an Act he of any force in so high a case as this of Succession for certainly if this were once allowed the Government would cease to be Hereditary and degenerate into an Elective One And 't is not to be question'd but such a Power as enables the Parliament to break off one link may give them a sufficient Authority to shatter in pieces the whole sacred Chain and totally exclude the present Line and together with that Monarchy which I pray God may not be the bottom of too many Men's designs let them gild over their proceedings with never so specious and popular Pretences and no doubt out of a provident Foresight of the Calamity and dismal consequence of such designes it was that the Lords and Commons did declare That they could not assent in Parliament to any thing that tended to the Disinherison of the King Rot. Parl. 42. E. 3. Num. 7. and the Crown which this Bill of Exclusion evidently does whereunto they were sworn no tho the King himself should desire it But what comes more home to the point is the answer of Richard Duke of York to the Kings Friends who urged an Act of Parliament against him who told them That such an Act was to take no place Rot. Parl. 39. H. 6. Numb 10 c. nor was of any force or effect against Him the Right Inheritor of the Crown as it accorded with God's Laws and all Natural Laws And this Answer of the Duke's is by express Act of Parliament then assembled recognized and acknowledged to be Good True Just Lawful and Sufficient so that in effect we have an ingenuous and full Declaration as can be that the Right of Succession is absolutely unimpeachable by any Humane Power and that the Kings of England in possession their Heirs and Successors in reversion have an indefeasible right to the Crown which they cannot be deprived of by any Authority less than that which invested them therewith Besides 't is a Maxim of our Law That as the King never Dyes which is meant of that Political Capacity which in that very Moment one King Expires is Superadded to the Body Natural of the Next Heir whereby he immediately becomes King And this Political Capacity being of that Sublimity that it is no wayes subject to any Human Imbecilities of Infamy Crime or the like it draweth all Imperfections and Incapacities whatsoever from that Natural Body where with it is Consolidate as it were Consubstantiate so the Crown once gain'd takes away all Defects removes all manner of Bars and Lets laid in the way to the Succession For 't is impossible to hinder the Descent to the Next Heir because that being removed beyond the Reach of a Mortal Arm must go exactly in that Course prescribed by God and Nature and being joyn'd to and indivisible in one Royal Person thereby this later Capacity being added to the former purgeth eo instante all Obstructions of what Nature soever And tho his Natural Body before this Union was subject to the Lash of the Law yet upon the Conjunction of this Political and Immortal Capacity with it they grow inseparable And consequently by reason of those Divine Perfections inherently and indubitably annexed to that Coalition the Prince what ever Crimes he might have formerly been guilty of is now placed above Humane Justice and answerable solely to God Almighty to whom and none other he owes Subjection And thus it has been expresly resolved by all the Judges of England in the Case of Two Princes who were as much Disabled as an Act of Parliament could â—o it The First was when Henry the Sixth by the Assistance of the Great Earl of Warwick re-assumed the Crown for Edward the Fourth had pass'd an Act to disable him from all Regiment and attaint him of High Treason But notwithstanding all this the Judges were of Opinion That in the same Moment that Henry Re-assumed the Crown the said Parliamentary Incapacities were to all Intents discharged and avoided not because as our Pamphletier pag. 17. would have us believe Edward was not Lawful King For if either Right of Blood or an Act of Parliament could give him a Just Title there 's no doubt to be made but he had One But for this very Reason That the Crown once gain'd taketh away all Defects The next Instance is of Henry the Seventh who being once possessed of the Throne the Reversal of his Parliamentary Attainder was unanimously agreed by the Judges to be unnecessary for That the Crown takes away all Defects in Blood and Incapacities by Parliament And that from the Time the King did assume the Crown 1 H. 7.4 Fitz. Parl. pl. 2. Plowdens Com. 238. Co. 1. In. stit 16. a. the Fountain was cleared and all the said Attainders and Corruptions of Blood and other Impediments absolutely discharged And this being constantly received for
speak not Reason For what Power hath the State to elect while any that is living hath Right to succeed But such a Successor is not the Duke of Lancaster as descended from * So call'd from a Cross he used to wear upon his Back Edmund Crouchback the Elder Son of King Henry the Third tho' put by the Crown for Deformity of his Body For who knows not the Falseness of this Allegation Seeing it is a thing notorious that this Edmund was neither the Elder Brother nor yet Crook-back'd but of a goodly Personage and without any Deformity And your selves cannot forget a thing so lately done who it vvas that in the Fourth year of King Richard vvas declared by Parliament to be Heir to the Crovvn in case King Richard should die without Issue But why then is not that Claim made because Silent Leges inter Arma what disputing of Titles against the stream of Power But however it is extreme injustice that King Richard should be condemned without being heard or once allowed to make his Defence And now my Lords I have spoken thus at this time that you may consider of it before it be too late for as yet it is in your Power to undo that justly which you have unjustly done Thus spoke that Loyal and Good Prelate but to little purpose though there was neither Protestation nor Exception made against this Speech which certainly there would have been had there not been as much Truth as Boldness in vvhat he said And tho' Henry the Fourth did afterwards get the Inheritance of the Crown and Realm of England setled upon himself for Life and the Remainder entailed upon his four Sons by Name and the Issue of their Bodies yet that cannot at all make for my Adversaries purpose since it amounted to no more than a Confirmation of him in the Throne or if it did vve may vvell suppose that a Prince that vvas conscious to himself hovv unjustly he had gain'd his Crown would not be very unwilling to take such a way tho' in derogation to his Prerogative to secure himself if possible tho' not out of an Opinion that they could give him a better Right than they had but because 't is natural to suppose they would upon any occasion be ready to defend what they so solemnly had enacted Come we next to Henry the Fifth who this Gentleman says was Elected But how notoriously false that Assertion of his is will appear from hence that first there was no Parliament called till after his Coronation and in the next place that if the Act of Parliament made in the Seventh Year of Henry the Fourth had so great a Force and Vertue as he says it had it was needless nor can he prove any such thing from that careless and negligent Historian Polydore For Concilium Principum with him does not always signifie a Parliament as any one that has read him which I dare say he never did will perceive nor does his Phrase creare Regem import any more than the King's Coronation besides 't is most untrue which he affirms that Allegiance was never sworn before his Time till after a King was Crowned For the contrary appears from King John and Edward the First Nay 't is undeniably true that the Kings of England have exercised all manner of Royal Jurisdiction precedent to all Ceremony or any Formality whatsoever and that the Death of one King has in that very Moment given Livery and Seisin of the Royalty to the next Heir and by vertue of that Richard the First as a Mark of his Sovereignty immediately on his Father's Death restor'd the Earl of Leicester to his whole Estate Henry the Fifth being dead he was without any Opposition admitted to the Throne although but an Infant but in the Thirty Ninth Year of this King in open Parliament Richard Duke of York the true and rightful Heir to the Crown of England and France made his Challenge and Demand of it as being next Heir to Lionell Duke of Clarence Elder Brother to John of Gaunt from whom descended the House of Lancaster but to this Claim of his it was answered by the King's Friends That the same Crowns were by Act of Parliament Entailed upon Henry the Fourth and the Heirs of his Body from whom King Henry the Sixth did lineally descend * Rot. Parl. 39 H. 6. n. 10. c. The which Act say they as it is in the Record is of Authority to defeat any manner of Title made to any Person To which the Duke of York answerably replies That if King Henry the Fourth might have obtained and enjoyed the said Crowns of England and France by title of Inheritance Descent or Succession he neither needed nor would have desired or made them to be granted to him in such wise as they be by the said Act the which taketh no place nor is of any Force or Effect mind that against him that is Right Inheritor of the said Crowns as it accordeth with God's Laws and all Natural Laws And this Claim and Answer of the Duke of York is expresly acknowledged and recognized by this Parliament to be Good True Just Lawful and Sufficient and 't is agreed that Henry shall hold the Crown during his Life and the Duke of York in the mean time to be reputed and proclaimed Heir Apparent So that we have here as much as can be desired a Parliament not only declaring that a Title to the Crown ought to derive it self only from the Laws of God and Nature and not from any Civil Sanction and acknowledging in at the Bargain that it is beyond the Reach of any Humane Legislative Power to debar and exclude any one that justly claims by such a Right But to â— proceed upon Edward the Fourth's coming to the Crown a Parliament conven'd in the first year of his Reign does acknowledge and recognize his Title in these words as the * Rot. Parl. 1 Ed. 4. n. 8. c. Record has it Knowing also certainly without doubt and ambiguity that by Gods Law and Law of Nature He h. e. Edward the Fourth and none other is and ought to be true right-wise and natural Liege and Sovereign Lord. And that he was in Right from the Death of the said Noble and Famous Prince his Father very just King of the same Realm of England So here again we have another Parliament of the same mind with the last and I doubt not but we shall meet with more of 'em e're we have done When King Edward the Fourth was droven out of his Kingdom by Henry the Sixth 't is true the Crown was again entail'd if it may be properly so call'd upon him and his Heirs c. but still the proceeding was grounded upon the same Bottom with the former Here our Pamphleteer is pleased to make this drowsie Observation that both the Families of York and Lancaster claim'd a Title by Act of Parliament 't is true the latter did because they
had no other that would carry Water but as false that the former ever did for they as you have seen before founded their pretences upon the sound Bottom of Divine and Natural Law Besides Richard Duke of York challenged the Crown as his just Right before any Act pass'd in his favour nor was it the want of a Parliamentary Title which he stood in need of that kept him off but because he had not Power and Interest enough to assert the justness of his Title and therefore 't is no wonder he deferr'd the making of his Claim so long for to have done it sooner would but have riveted the Usurper more firmly in his Throne But Edward having regain'd his Kingdom as quickly as he lost it left it at his death to his unfortunate Son Edward the Fifth who was soon deprived both of that and his Life by his barbarous inhumane and ambitious Uncle Richard Duke of Gloucester who having persuaded some and forced others to believe or at least seem to believe that all his Brother Edwad's Children were Bastards did by a kind of pretended Election and at the instance of all the Great Men take or rather usurp the Crown But that the mystery of that subtle Transaction may be fully discovered I shall transcribe that Petition and Election as they call it out of the Parliament Roll as much as is necessary and opitomize the rest and then I will leave the Reader to judge how dis-ingenuously not to call it worse tho' according to his Custom this Gentleman would insinuate as if in the midst of their highest flatteries and courtship to him they tell him only of this great and sure Title by Act of Parliament An untruth if he had had the least grain of Modesty he could not have had the confidence to assert but by this time I suppose you know what a man I have to deal with But I hope the Roll will convince him and make him asham'd of his dis-ingenuity * Rot. Parl. tent apud Weâ—im die Ven. 23 die Jan. 1 R. 3. In this Petition and Election but that Election imports not what he would have it I hope will evidently appear from the sequel they set forth the many Grievances and Oppressions the Kingdom groan'd under through the dissolute Government of the late King Edward the Fourth they say farther That the King was never married to his pretended and reputed Queen or if he was that upon the account of a Precontract to another Lady that Marriage was unlawful and ipso facto void and so either way all his Children were illegitimate They say farther That George the late Duke of Clarence being attainted of High Treason and his Blood corrupted by reason thereof his issue are debarred or all Right and Claim to the Crown But the reasonableness and lawfulness of this Position I shall take the Liberty to examine hereafter Over this I give you the Words of the Record in English We consider that you be the undoubted Son and Heir of Richard late Duke of York very Inheritor of the said Crown and Dignity Royal and as in Right King of England by way of Inheritance how then can the Parliament challenge a power of Election in the modern sense of the words and that at this time the premises duly considered there is none other person living but You only that by Right may Claim the said Crown and Dignity Royal by way of Inheritance And then they go on in a most abject way of Flattery to recount his excellent Parts and extraordinary Qualifications for the Government Wherefore say they these premises by us diligently considered we desiring effectually the Peace Tranquillity and Weal-publick of this Land and the reduction of the same to the ancient honourable Estate and Presperity and having in your great Prudence Justice Princely Courage and excellent Vertue singular Confidence have chosen in all that in us is and by this our Writing choose you High and Mighty Prince our King and Sovereign Lord to whom we know of certain it appertaineth to be chosen From whence it appears that what they call Election amounts to no more than a Ceremony or formality of acknowledging their Prince Therefore they desire him as his true Inheritance which 't is impossible in an Elective Kingdom the Royalty can be to accept of the said Crown and Dignity according to this Election of the Three Estates Surely then the King vvas none They add soon after Albeit that the Right Title and Estate which our Sovereign Lord the King Richard the Third hath to and in the Crown and Royal Dignity of this Realm of England be just and lawful as grounded upon the Laws of God and of Nature mind that and also upon the ancient Laws and landable Customes and therefore not upon any Statute but Common-Lavv of this said Realm and so taken and reputed by all such persons as be Learned in the abovesaid Laws and Customes yet nevertheless Here once for all take notice of the true Reason of the Parliaments medling vvith the Succession for as much as it is considered that the most part of the people is not sufficiently Learned in the abovesaid Laws and Customes whereby the Truth and Right in this behalf of likelyhood may be hid and not clearly known to all the people and thereupon put in doubt and question And over this how that the Court of Parliament is of such Authority and the people of this Land of such a Nature and Disposition as experience teacheth that Manifestation and Declaration of any Truth or Right made by the Three Estates of this Realm Assembled in Parliament maketh before all other things most Faith and Certainty and quieting of Mens Minds removeth the occasion of all Doubts and Seditious Language And therefore at the Request and by the Assent of the three Estates of this Realm the King cannot be one that is to say the Lords Spiritual 't is they are one of the Estates and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same be it pronounced decreed and declared That our said Sovereign Lord the King was and is the very undoubted King of this Realm of England c. as well by right of Consanguinity and Inheritance as by lawful Election Consecration and Coronation And since the two latter as all the World knows do give no new right but are only Ceremonies and bare Formalities of State I can see no reason why what they call Election which certainly must not be strain'd to Propriety should be reputed any other because it not only is joyned with the rest without any Distinction but likewise Election in the usual Sence is incompatible with an Hereditary Monarchy such as this is over and over proved to be To all which the King assented in these words Et idem Dominus Rex de assensis dictorum trium Statuum Regni Authoritate praedicta omnia singula Praemissa in Billa
for her establishment will clearly appear to any one that considers the state of Affairs and the History of those Times the only true Touchstone to try matters of this Nature by For if we consider how questionable Her Birthright was then generally esteemed we cannot at all admire if for her own Interest and Security she attributed much more to an Act of Parliament than otherwise she would have done For tho' in the Act of Recognition 't is said that her Majesty is and in very deed and of most meer Right ought to be by the Laws of God Queen of this Realm yet the dubiousness of her Legitimacy and her being solemny Bastardiz'd by her own Father by Act of Parliament might very well necessitate her to call in the Aid and Assistance of her people for her defence and establishment since the greatest part of Europe did not only look upon the Title of Mary Queen of Scotland to be much the clearer and juster than Hers and therefore since Queen Elizabeth's Title depended so very much upon Statute Law the most part of the World allowing her no other and a great many too disputing the validity of that she was necessitated to make that as strong as possibly she could and therefore made it Treason for any one during her Life to affirm That Our Sovereign Lady the Queen's 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 which tho' as we shall afterwards endeavour to prove was not in their power to do yet she knew very well that her people would be very apt to defend what they had then so solemnly Enacted and so thereby she should gain her end viz. her Preservation which was the great thing she aimed at as appears by this that the punishment to be inflicted upon them that broke this Law was to abate very much of its rigor after her death for then it was but to be forfeiture of goods a certain Argument that it was only Temporary Enacted pro re nata for if the Reason of it did continue the same so ought surely the Punishment since they should alvvays stand and fall vvith one another tho' no doubt another tho' less considerable reason might be the Malaversions she inherited from her Father to the House of Scotland vvhich thereby she did certainly endeavor for ever to deprive of the Imperial Crown of England As evidently appears from this Clause in it viz. That every person or persons of what Degree and Nation soever they he shall during the Queens Life declare or publish that they have any Right to enjoy the Crown of England during the Queen's Life shall be dis-inabled to enjoy the Crown in Succession Inheritance or otherwise after the Queen's Death For this was most apparently contriv'd against Mary Queen of Scots and her Son K. James For since almost all Europe spoke openly of the greater Right that Mary had to the Crown than Elizabeth it might very probably be expected that not only as she thought so so she might upon an occasion offer'd not only speak but act up to her Persuasion and then by this Statute she was as much disabled as Statute could do it But besides all this I am inclin'd to believe there was something more in the bottom of it than this of the contrivance of that subtle and cunning Statesman the Earl of Leicester which I gather from this Clause That whoever shall affirm during the Queens Life either in Writing or in Print that any one is or ought to be the Queens Heir or Successor besides the NATURAL ISSUE OF HER BODY BEGOTTEN c. SHALL c. For in Law none are call'd the Natural Issue of any one but those that are Illegitimate Vit Eliz. Adeo ut sayes Camden tunc juvenis audiveram dictitantes verbum illud à Leicestrio in Legem ingestum eo consilio ut aliquem ipsius filium spurium pro reginae Sobole naturali Angles tandem aliquando obtruderet Insomuch that when I was a young man sayes he I have often heard it said that Leicester caused that expression to be foisted in that thereby he might have a pretence to impose one time or other upon the English one of his own Bastards for the Queens Natural Issue A Design truly not unlikely for him to have who always measured the Publick by his proper Interest and sacrificed every thing else to his own ends and then certainly it will never be denied but such an Act of Parliament was necessary to give colour of breaking so ancient and fundamental a Law of the Land as the advancing a Bastard must needs be How contrary to all the Obligations of Justice and Humanity the unfortunate Queen of Scots was treated by her Kinswoman Queen Elizabeth upon the pretended breach of a Statute made in the 27th of her Reign I shall not trouble my Reader or my Self with the recital of which rigorous proceeding as it was chiefly grounded upon her violent hatred to the House of Scotland so I could heartily wish for the Honour of that Great and Glorious Queen under whose Reign this Island so long and happily flourished were razed out the Annals of Time so that there might be nothing left to stain the Reputation of that otherwise unblemishable Princess But tho' the Mother had the misfortune to fall so ignominiously yet the Son King James had not the wisdom to strive fruitlesly against the Stream but prudently never gave an opportunity of finding a colour to resist him who never laid Claim to a Crown till Heaven call'd him to the Enjoyment of it But no sooner was he come into England but having call'd a Parliament his Title to the Crown is solemnly acknowledged and recognized in these words 1 Jac. c. 1. We being bound thereunto both by the Laws of God and man do with unspeakable Joy recognize and acknowledge That immediately upon the decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England c. did by inherent Birth-right lawful and undoubted Succession descend and come to your Majesty as being lineally justly and lawfully next and sole Heir of the Blood Royal of this Realm And thereunto we most humbly and faithfully do submit and oblige our selves our Heirs and Posterities for ever And now if King James came to the Crown by inherent Birth-right and undoubted Succession I cannot see any thing that makes more against this Gentleman than this for 't is plain the old Entail made by Henry the Seventh cannot be pretended because that Act was tho' not expresly yet tacitly effectually repeal'd by 28. H. 8. c. 7. 35 H. 8. c. 1. for King Henry could not have a power to appoint who he vvould for his Successor if that Act of Henry the Seventh remain'd in
†In Baeoticis Pausanius tells us That Greece so Fruitful afterwards in Aristocracies and Democracies that teeming Africa never bred more Monsters was Antiently under Regal Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are his Words But Tully goes further and boldly asserts if for a certain Truth That all the Nations of Old were under Monarchial Regiment ‖ Cicero 3. de Leg. Certum est sayes he omnes antiquas Gentes regibus paruisse And when the Vniversal Deluge had put a Period to all Mankind except Noah and his Three Sons by whom the World was to be Re-peopled I think we may with Reason enough look upon Noah as the Universal Monarch notwithstanding the Learned Selden would have us believe that God by his Blessing recorded Gen. 9.2 made him Tenant in Common with his Children For besides that this Benediction seems most-likely to be rather an Enlargement of the Charter that was given to Adam than any thing else It appears something Unreasonable to suppose that God Almighty should Disinherit Noah whom for his Justness and Piety he had Chosen to be the Restaurator of Mankind Nor do the Words necessarily imply any such thing since the Promise of God would no doubt be fulfil'd if his Sons after his Death or in his Life time by his Consent enjoy'd and possess'd the World as their Property which 't is certain they did Gen. 10.9 By these sayes the Divine Historian were the Isles of the Gentiles divided in their Lands every one after his Tongue after their Families in their Nations Which is not to be understood as a * Mr. Med◠Learned Man in his Discourse upon this Place assures as if it were a Scattering and Consusion but a most distinct and orderly Division because the Original Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alwayes bears the latter Signification And that there was such a Partition and that made by Noah we are assured also from Eusebius and Cedrenus who tells us That Twenty Years before his Death ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cedren f. 9. according to an Oracle Received from Heaven he Divided the whole World amongst his Sons assigning to every one his several Share And this he Confirm'd by his Last Will and being about to Dye he gave it into the Hands of Sem and admonished them to Live peaceably and not to Invade one anothers Territories I might now proceed to those Texts of Scripture wherein Monarchy is declared to have been instituted by God But they have been so often insisted on by Others and those learned Persons that I shall pass them over only there is one which I cannot but take notice of wherein God by the Royal Prophet sayes of Kings Psalm 82.7 I have said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ye are Gods or more consonant to the Original and expresly according to the Chaldee Paraphrase Angels by which Phrase is not only signified the Office of Princes viz. That they are God's Vicegerents but the manner of their Mission that is by the immediate Commission and Constitution of God Almighty from whom alone and not from the People they derive their power Which origine of theirs I think is further evident from hence that the Supreme Governour is invested with such an Authority as does include in it a Power of Life and Death for which single Prerogative we must have recourse to the Fountain and Source of all Power for seeing we neither have nor ever had a power over our own Lives but on the contrary God has expresly told us That he that sheddeth Man's Blood of Man shall his Blood be shed it is impossible that Kings should derive their Power from the People for 't is an infallible Maxim Nemo plus Juris in alium transferre potest quam ipse habet So that it must necessarily follow from hence That Kings must have been instituted by God for 't is He and He only could bestow this great Priviledge upon them and since we find the Fathers of Families Exercising this Power we may assure our selves that originally Patriarchal and Regal Jurisdiction were all one as likewise appeares from this that Obedience and Submission to Magistrates is commanded us by the Fifth Commandment where it is only said Honour thy Father c. So that as Paternal Power was from the Begining so must Regal too Besides from hence I take it to be plain that even at that time that God gave his blessing to Noah Gen. 9.6 there was a Regiment established which could be no other than Monarchy for else that command of putting the murderer to death given at that very time could not have been put in Execution but must needs for a long time have continued ineffectual for had any private man assumed that Power he must necessarily have been guilty of the same crime so that either we must allow of Magistracy at that time or else make God command a thing and not appoint means for the execution of it And I cannot see why we should date the original of Government any later than the Creation for certainly we cannot perswade our selves that Nature that so carefully provides for the preservation and well-being of all Creatures should only be defective in her care for the noblest Animal in the universe since nothing can be more necessarily required for the happiness of any thing than Government for mankind Cicero 3. de Leg. for sine imperio nec domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest without Empire neither the whole nor any the least part of the world could be conserved in peace and order but all would immediately run into Ruin and Confusion And now if I had a mind to enter into so large a Common-Place it were very easie to cloy even the most greedy of such kind of Pedantry with sentences from the Fathers and other Primitive writers to show with what full Cry they all assert Monarchy to be sounded by God and Nature but waving a thing so obvious to every body I shall take notice that this opinion is so far from being a Stranger to our Laws that it is expresly resolved by all the Judges in England in Calvin's case that subjection is from no Humane Law Co. 7. Rep. 1. but from the Law of Nature and if so then of necessity must Regal Right be from the same Law because no man supposeth subjection where he does not presuppose power Besides you cannot but have observed above Rot. Parl. 39. H. 6. Rot. Parl. 2. E. 4. Rot. Parl. 1. R. 3. how many Parliaments of different Interests and Tempers have agreed in this that the Kings of England hold their Crowns by the Laws of God and Nature and therefore cannot be reputed of Humane Institution and hence it is that the King is stiled in our Statutes our Natural Liege Lord and his People likewise Natural Liege Subjects and the fidelity owing to the Crown
They would have us believe they only aim at the preservation of His Majesty their Religion Lives and Liberties when in truth they are so resolutely bent upon the Destruction of Monarchy it self that in spight of all their art they are not able to disguise their Intent but let such things slip from their pens unawares that at once makes a perfect Discovery of their Hypocrisie and Villany But if this will not do he can tell us That there is a Supreme Vncontroulable Power lodged in the King and Parliament from whence he collects if he intends to prove any thing That they have a power to command and exact our Obedience to every thing they enjoyn An Opinion I assure you that were there neither Heaven nor Hell God nor Devil would very much conduce to the Peace and good Government of Mankind and you know Mr. Hobbs has done very fair for one towards the driving such Scare-Crows out of the World But you see by this how strangely he is put to it to bouy up his sinking Cause but he does as well as he can Drowning Men catch hold of any thing But above all things I cannot sufficiently admire his Confident challenge of producing any one instance where ever any Nation not under the immediate force of a Conqueror did admit of a Prince of a Religion contrary to that established when Scriptures the History of the Byzantine Empire and the Annals of our own Country could have furnished him with so many examples for how many Idolatrous Kings do we read of its Holy-Writ that without any disturbance of opposition succeeded and governed in Israel tho' their inclinations were well known before their coming to the Crown but we hear not one word of Disinheriting or Deposing them unless by such as are there branâ—ed with the Name of Traytors and Villains except by the immediate and most visible Act and Finger of God himself who being the Creator of Nature can alone when it pleaseth him controul her Methods and Operations and certainly if any such Power there had been lodged any where in the Jewish Government we should have found it put in Execution I doubt not by that People whose Religion was much more inconsistent with the Iâ—olatry of the Heathens than ours with that of Rome and so they had the greater Obligaâ—iâ—ns to endeavour to prevent the Succession of an Idolatrous Prince and if we may taâ—e any measure from the Primitive Christians we shall not find any thing to countenance our present proceedings for after their Religion was become the established one of the Empire I cannot hear that they endeavoured to seclude Julian the Apostate 〈◊〉 the Imperial Diadem tho' they were no less acquainted with his Inclination to these Religion than his natural Temper Nor do I ever find the Orthodox party talking of impeaching the Right of Succession when an Arrian under whom they were somâ—times as severely persecuted as ever their Ancestors were in the time of the Heathens Was the Heir Apparent 't was a Doctrine unheard and unthought of amongst them They had recourse only to the true Christian Arms of Prayers and Tears for their Defeâ—ce For the Church in those dayes was not so literally Militant as it has been of late And in our own Country have we not seen a Mary and Elizabeth Princesses of a contrary Religion to that established Succeed to the Throne without any resistance or at least such as rather strengthen'd than shook their Throne Queen Elizabeth met with none and that against Queen Mary was rather an Offer than any thing else But here I cannot sufficiently wonder at the disingenuity of this Pamphleteer who has in more places than one endeavoured to insinuate that all those who either oppose or are perswaded of the Injustice and illegality of the Bill of Exclusion are Patists or at least Popishly Affected and therefore he cites the Opinion of two great Romanists hoping thereby to convince them of the Truth of his Assertion but he either forgets or rather maliciously conceals that the Doctrine of disinheriting and deposing Kings and of the Natural freedom of the People is rank Popery first broached and introduced by the Schoolmen and since zealously maintained by the Jesuits and other great Men of the Papal Faction and I much fear whether if he would ingenuously confess the Truth he must not acknowledge himself beholden to one of them for the greatest part of his Discourse So true is it that tho our Phanaticks amongst whom if I am not misinformed our Author is or at least once was a leading man and the Papists tho they look contrary wayes yet like Sampsons Foxes they are tied together at the tailes they are alike the firebrands and disturbers of all Countryes where they come So that I think I need not be concerned at the Sentiments of men so devoted to the Roman See as †Card. Fisher Sir Thomas More those he mentions But for Sr. W. Raleigh whose Testimony both as a Protestant and a Judicious Learned Man I very highly value I am not at all in pain for if a Man do but look into the Quoted place to which I refer my Reader he will find him of quite another opinion than this Gentleman who has strangely misrepresented him would have us believe from whence you may take the measure of this Man's Ingenuity his Candor and Integrity but by this time I think you are well enough acquainted with him And thus I have run through this whole Pamphlet and I hope given a clear answer to every thing of any moment by him advanced and as for some few little trifling passages not worth considering I have passed them over without taking any notice of them And from a due Consideration of the whole matter every man must infer that the Kingdom of England is an Hereditry Monarchy wherein the Succession of the Crown is inseparably by all Laws Divine Natural and Humane annexed to Proximity of Blood and that all the Humane Acts and Powers in the World cannot hinder the Descent of it to the next Heir And that whoever does but consult and examine impartially the History and Records of this Nation must conclude That nothing can be drawn from thence to savour the contrary opinion which was the thing I undertook to prove FINIS If the Reader will be pleased to take the Pains He is desired to Amend this and what other Errata's that have Occurr'd by Reason of the Author's absence from the Press Page 33. l. 44 between Paid and And Insert Him by Abraham