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A82029 The debates in deposing kings; and the royal succession of Great Britain 1688 (1688) Wing D510; ESTC R225317 6,694 4

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York to be barbarously murthered in the Tower yet did he within three years lose both his Crown and Life to Henry Earl of Richmond on whom and his Heirs it was again by Act of Parliament entailed which yet would little have availed him or his Posterity had he not prudently according to his promise by which several of the Nobility were induced to assist him married Elizabeth eldest Daughter of King Edward the IVth and immediate Heiress of the Crown whereby happily turning his Usurpation into a lawful Soveraignty he secure himself in the Throne But that his Issue by any other Lady could not have had better Success against the Princely House of York than Adonijah had against Salomon may more than probably be presumed if we shall consider what Fate attended the many mad Acts made by Henry the VIIIth about the Succession This haughty Prince whose capricious Humor none of his Parliaments durst gainsay having after above twenty years Cohabition divorced his Queen a chast and vertuous Lady did in the twenty fifth year of his Reign disinherit by Act of Parliament the Lady Mary his Daughter by her settling the Crown by special Words for want of Issue Male on his Issue Female by the Lady Anne Bullen To the observation of which Act the whole Nation was obliged by an Oath imposed the year following the Refusal of which Oath was adjudged Misprision of Treason And yet in the twenty eighth year of his Reign he bastardized and made illegitimate to all intents and purposes as he had done formerly the Issue of Queen Katherine the Issue betwixt him and the Lady Anne Bullen barring them to claim challenge or demand any Inheritance as Lawful Heir or heirs to him by Lineal Descent making it Treason for any one notwithstanding their former Oath by Words Writing Printing or any other exterior Act directly or indirectly to call any of the Children born under the unlawful Marriages of Katherine and Anne Bullen legitimate and enacting that case he had no Issue by Jane his then Queen he might dispose of the Crown to whatsoever person or persons he pleased the whole Nation being bound to the observance of this Law by the Sanctimony of an Oath the refusal whereof was made High Treason After all this in the thirty fifth year of his Reign he by another Act entailed the Crown on himself Prince Edward and the Princesses Mary and Elizabeth without repealing the former Acts or taking the least notice of their being so signally bastardized and for default of Heirs of their Bodies on such person or persons as he should nominate by his Letters Patents under his Great Seal or by his last Will in writing signed by his most Gracious Hand the whole Nation being again sworn to observe his pleasure herein Consequently whereunto he by such his last Will and Testament solemnly bequeathed the Crown upon failure of his own Issue to the House of Suffolk and his Act of Parliament lay the Issue of his Elder Sister means from the Throne as much in him and his Act of Parliament lay the Issue of his Elder Sister whose Royal Blood he affirmed the cold Air of Scotland to have frozen up in the North. Yet when after the Death of his Three Children reigning successively these disinheriting Statutes the last whereof was confirmed by Act of Parliament in the first year of Queen Elizabeth in whose thirteenth year there passed also an Act That it should be Treason during her Life and a Praemunire afterwards to assert that the Imperial Crown of England could not be disposed of by Act of Parliament came to the Test they had not the Honor to be repealed but were held null and void from the beginning as being notoriously repugnant to the Laws of GOD and Nature and the common Customs and Constitutions of the Realm And the Lords Spiritual and Temporal and the Commons assembled in Parliament notwithstanding all these unrepealed Acts having confest the Inestimable and unspeakable Blessings accrewing from the Vnion of England and Scotland under one Imperial Crown in the Person of King James lineally rightfully and lawfully descended of the most Excellent Lady Margaret Eldest Daughter of the most renowned King Henry the VIIth and the high and noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the IVth proceeded to the Recognition of his Title in these Words We being bounden thereunto both by the Laws of GOD and Man do recognize and acknowledge that immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by inherent Birthright and lawful and undoubted Succession descend and come to your most Excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood Royal of this Realm And that by the Goodness of GOD Almighty and lawful Right of Descent Your Majesty is under one Imperial Crown of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty King. And thereunto we most humbly and faithfully do submit and oblige our selves our Heirs and our Posterities for ever And some years after it was by all the Judges of England expresly resolved in Calvins Case That King James his title to the Crown was founded upon the Laws of Nature viz. by inherent Birthright and Descent from the Blood Royal of this Realm All Acts of Parliament then for excluding from the Throne the next Heir of the Blood Royal on whom the Crown descends by the Laws of God and Nature by inherent Birthright and undoubted Succession being ipso facto null and void it is not to be wondred that his present Sacred Majesty so constantly declared that he would never consent to alter the Descent of the Crown in the right Line as not being willing by shewing his People a Method of disposing the Succession to shake at the same time the Title of his own Possession Since it is evident that the Heir apparent or next of Blood hath the same Right to enjoy the Crown after his Predecessors Death as the Actual Possessor hath to it during his Life But well fare the noble Lords of England who with a Nolumus Leges Angliae mutari rejected that abominable Bill which though it would if passed an Act have been of no greater Force or Validity than the Wild Ordinances of the Rebellious Parliament of 1640. yet might it as they were be made use of to induce the deluded Multitude to hazard their Souls Bodies and Estates by a damnable Opposition of their Lawful Soveraign and to raise up a Contest in this Nation not unlike to the old Yorkish and Lancastrian Quarrel the Thoughts whereof every good Man must certainly dread when he shall seriously consider how that War lasted about sixty years and cost the Kingdom its whole Treasure and the Lives of above two hundred thousand of the Commons besides several Kings and
Princes and Nobles without number So sensible was the renowned Queen Elizabeth of those fatal Consequences which necessarily attend so unjust an Act as that of altering the Succession that although for Reasons obvious enough and needless here to be mentioned she yielded to pass an Act whereby it was made Treason to say that she and her Parliament could not dispose of the Crown yet could she never be brought to give her Consent to the actual disposing thereof though the next Heir then alive was not only a Papist but her own Rival to the Throne Nay she was so averse to any such Act that as Camden tells us She never heard any thing more unwillingly than that the Title of Succession should be called into question And therefore she sent Mr. Thornton Reader of Law in Lincolns-Inn to the Tower because in his Reading he called in question the Queen of Scots Title to the Crown And when the Lord Keeper Bacon was accused by the Earl of Leicester for having intermedled against the Queen of Scots Right to the Succession and for being privy to a Book wherein Hales went ahout to derive the Title of the Crown of England in case the Queen should die without Issue to the House of Suffolk Hales was therefore committed to the Tower and Bacon though denying it was not without great difficulty restored to favour So likewise when in the eighth year of her Reign Bell Mounson and a great Number of the House of Commons thought it their Right as Representatives of the whole Kingdom whereof they do not in reality represent the sixth part to decide and settle the Succession the Queen by a Prince-like Speech in the Parliament-House speedily suppressed their insolence In like manner when in the thirty fifth year of her Reign Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be Suppliants with them of the Lower to Her Majesty for entailing the Succession of the Crown for which they had a Bill ready drawn the Queen highly displeased hereat charged her Councel to call the Parties before them Whereupon Sir Thomas Henage sending for them commanded them to forbear the Parliament and not to go out of their several Lodgings They were after called before the Lord Trease●er Lord Buckhurst Sir Thomas Henage by whom Wentworth was committed to the Tower Sir Henry Bromley and other Members of the House of Commons to whom he had imparted the matter being sent ●o the Fleet. So careful was this prudent Queen to keep the People from presuming to intermeddle with the Succession The same Consideration that the Altering or Diverting the Succession in an hereditary Monarchy where the Kings deriving their Royal Power from GOD Almighty alone do succeed lineally to the Crown according to the known Degrees of Proximity in Blood cannot be attempted without involving the Subjects in Purjury and Rebellion and exposing of them to all the Fatal and Dreadful Consequences ●f a Civil War not only caused the Estates of Scotland from an hearty and sincere Sense of their Duty to recognize acknowledge and declare That the Right to the Imperial Crown of that Realm is by the Inherent Right and the Nature of the Monarchy as well as by the Fundamental and unalterable Laws of the 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 that 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 Government is immediately 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 Heir 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 but are obliged for the preservation of the Peace and Tranquillity of that Kingdom with Advice and Consent of the said Estates of Parliament to declare That it is High Treason in any of the Subjects of that 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 Government Nor is it to be doubted but that the Commons of England who now begin to grow sensible of those Precipices of Ruine whereinto they were ready to tumble through the Contrivances of those malicious Incendiaries that by terrifying the People with panick Fears and Arbitrary Power endeavoured to kindle a Fire of Rebellion in this Nation will whenever it shall please their Majesty to call a Parliament shew themselves no less Zealous than the Scots to assist and defend according to their Oaths the Rights and Priviledges the chiefest whereof upon which all the rest depend as on a Corner Stone is the unalterable Hereditariness of the Monarchy and thereby defeat the Designes of those cursed Achithophels who labour by involving us in Confusion to establish their beloved Democracy the very worst of Tyrannies FINIS LONDON Printed for H.I. 1688.