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A49781 The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same. Lawrence, William, 1613 or 14-1681 or 2. 1681 (1681) Wing L691; ESTC R1575 180,199 230

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that have insued by disinheriting of Primogeniture either wholly or by Division of Succession into several Kingdoms have been Infinite Amongst the Persians Cyrus the younger Brother by the assistance of Parisatis the Queen Mother contending for Succession against Artaxerxes the eldest raised such Wars and drew in such Foreign Forces of Greeks as the same ceased not till himself was slain by the Army of Artaxerxes The Civil Wars between Hircamus the eldest and Aristobulus the younger Son could not be ceased till Pompey by the Roman Power restored the Kingdom to Hircanus the eldest Disinheriting the eldest Son causeth Patricides Matricides and Fratricides How many Patricides or Matricides or Fratricides this hath caused appears as to the first two by the Examples of Alphonsus the Tenth King of Castile of Gabriel the younger Son of the Marquess of Salusse who by assistance of his Mother cast his elder Brother into Prison pretending he was out of his Wits who breaking out of Prison recovered his Principality and having chased out his Brother Coupt up his Mother in the same Prison wherein she had before Coupt him The like appears in several Persians Turks and Africans And for Fratricides which it causeth Bodin Lib. 6. cap. 5.735 736. saith Foolishly therefore do those Parents who overcomed with the flattery of their younger Sons and disinheriting the elder of their Kingdom have incensed their Children most cruelly to Murder one another so as did the Father of Atreus and Thyestes who willing to prefer the younger before the elder as more sit to manage Affairs of State so silled and foyled his House with many Tragedies And not to seek farther from home we have seen all this Realm on sire with Civil Wars for that Lewis the Devout at the intreaty of his second Wife had preferred Charles the Bald before Lothayr his elder Brother wherefore Pope Pius the Second did wisely in Rejecting the Request of Charles the 7th the French King desirous to have preferred Charles his younger Son before Lewis the Eleventh his elder Brother howbeit that the King had Reason so to do considering that Lewis had without any just occasion twice taken Arms against him so to have taken from him the Crown and to have taken the Scepter out of his hand And as Bodin saith of France he need not look far from home so may we say of England we need not look far from home for the said Events of disinheriting Primogeniture For what caused all those cruel Wars between the House of York and Lancaster from Generation to Generation whereby the English lost both all their Conquests and Hereditary Possessions in France and so many Princes of the Blood and Nobles and Commons were slain but that the Line of a younger Brother contended to be preferred before the Line of an elder And have not as bad Effects happen'd when the Successions of Kingdoms have been joyn'd or divided to more Sons or Heirs than one Division of Kingdoms or part of them or of the Treasure from the eldest to younger Sons destructive to Kingdoms The Father of Jugurtha made him and his two Brothers Associates but he killed his two Brothers and took all himself Constantine divided the Empire to his three Sons they destroyed each other till one had all James King of Aragon appointed Peter his eldest Son to be King of Aragon and James his younger Son to be King of Majorca yet afterwards the elder Brother took the younger Prisoner and in Prison starved him So it befell also the Children of Botislaus the Second King of Polonia who having divided the Kingdom unto his four Sons and having left nothing unto his fifth kindled such a fire of Sedition as could not be after quench't without much Blood of his Subjects So William the Conqueror left the Dutchy of Normandy to Robert his eldest and England to William Rufus and his youngest Son Henry a Pension Robert after the Death of Rufus raising a War to recover his Right of Primogeniture in England from his younger Brother lost the Battel was taken Prisoner by Henry and deprived of his Sight cast into Prison and there died miserably It had been safe therefore for the Preservation of his House and Kingdom to have left the Dominions intirely to the eldest and to have left not one only but both his younger Sons Pensions A multitude of other Examples there are of the ill success where Primogeniture is deprived not only of the whole but of any considerable-part or member of the Inheritance either in Land or Treasure which appears in the forementioned example of the Treasure and fenced Cities given to the younger Sons of Jehosophat therefore destroyed by the eldest Primogeniture not to have the same Prerogative in Private Families as in Kingdoms 2 Chro. 21.2 3 4. Which is to be intended only of Succession to Kingdoms And as to private Families both Equity and Policy is clean contrary and that there ought not to be left above a Scripture double Portion to the eldest where there are more than one which is agreeable with the Examples of most Nations Certificates introduce forein Laws and destroy the Laws of the Land 21. The Certificate Introduces foreign Laws and destroys Magna Charta and the Petition of Right The Foreign Laws it introduces on the Subjects as to Marriage Filiation and Succession and Religion and Liberty and Propriety all thereon depending have been already mentioned are the Imperial and French and of the Council of Trent That by the Ceremony of a Priest in a Temple the Adulterous Children of the Wife shall disinherit the Natural Children of the Husband The Trent Law That all Marriages without that Ceremony shall be Null and void and the Children Illegitimate The French Foppery That Natural Children shall not be Natural Children Excommunication Penance Absolution Commutation-Money twice punishing for one Offence and many other Popish foreign Laws all which destroy Magna Charta and the Petition of Right and are inconsistent with the Protestant Religion Liberty and Propriety Praemunire incurred by Certificates 22. That the Certificate Episcopal Introducing such foreign Laws incurr a Praemunire is proved before in the Case of Cardinal Woolsey Lib. 1. cap. 5.37 38. High Treason incurred by Certificates 23. The Certificate if it imposes those Foreign Imperial Papal French or Trent Laws of Marriage or Filiation on the Succession of the Crown or Certifie the King's eldest Son not to be Heir contrary to this Statute of 25 E. 3. incurrs the Penalty of High Treason Certificates not to be traversed or diputed nor under Appeal 24. The Certificate though utterly false and unjust is neither Traversable nor admits Probation to the Contrary nor is under Appeal either of Fact or Law nor is he bound to give any Reason of it But Sie volo sic Jubeo stat pro Ratione voluntas Of which see more at large Lib. 2. p. 175 176 177 178 179. 25. The Certificate causeth
what not and what lyable to the Lawes of Nature Fate and Providence whereas the Laws of Fate and Nature may be Exercised both over these and over Subjects Ignorant Insensible Irrational Foolish Mad-men and deprived of all Intellect alike Secondly in regard of their ability as the Law Moral can be only Exercised on persons able to perform it but the Laws of Nature Fate and Providence over Babes new born Blind Deaf Dumb Maimed and the Dead themselves Thirdly in regard of Liberty as the Law Moral can only be Exercised over free Agents but the Lawes of Nature Fate and Providence may be Exercised over necessary Agents forced Agents Bond-men Slaves Captives Prisoners and persons in Chains and Fetters Though therefore all humane Actions are under one of these four Laws a Man is a necessary Agent as to the Law of Nature and a forced Agent to the Law of Fate and Providence and a free Agent as to the Moral Law yet seeing he may be in many things Ignorant when he is Ruled by Nature when by Fate when by Providence Not revealed to Man by which of these four Laws he doth Act in any particular Action and when by the Moral Law and consequently it may be secret and not revealed unto him when he is a necessary agent when a forced agent and when a free agent or in the more Common word when his Will is free and when Bond In this Ignorance therefore of all the other Three Secret Laws he ought to act according to the Moral Law which God hath revealed and promulgated alwaies and according to the other Three when God hath in particular Acts of his own manifested his Will in them as it is an Act of God that an Eldest Son is born who is an Infant or Minor And a Brother born who is a Major and this Act of God is good and of great Mercy but that on this Act of God Murder should be Committed or Civil Wars be unjustly Raised is Evil and an Act of Man and God is not the Author of this Sin and though no humane Law could have caused or prevented this of the Infancy of a Son or Majority of a Brother yet may and ought human Laws prevent or punish the wicked acts of men which may ensue thereon in attempts to Murder either and seeing God by his Moral Law hath Commanded Powers to be a Terror to Evil Doers it is their Duty therefore And if they neglect it the bear the Sword in vain to make Laws to prevent and punish them and not to leave Infants and Subjects Exposed in such a Wilderness of Dangers as this is of Succession because its possible Fate may destroy them notwithstanding the greatest human care and Providence may without any such care taken at all preserve them Which Stoical and Epicuraean Follies of fata regunt homines fatis agimur Cedite fatis or Res humanas ordine nullo fortuna regit or vita regitur Fortuna non Sapientia to Extend beyond their Bounds prescribed by God or to all humane Actions because ordained and permitted in some were like the Ridiculous Pagan Divinity derived from none but such Authors Not to sow because Fate may destroy the Harvest with it and Providence may give an Harvest without it Not to wear Arms in War because Fate may destroy with them and Providence may preserve without them Not to do good Works because if Predestinated to be Damn'd thou shalt be Damn'd with them And if Predestinated to be Saved thou shalt be saved without them I should not have thought this of Fate worth the objecting or answering had I not found the same Actually press'd in the most Excellent Historian and Statist that ever writ in the Isle of Great Britain for such was Buchanan out of whom I have recited it Answ 4 To the Objection of the Civil Wars between Baliol and Bruce and York and Lancaster notwithstanding the Succession of the Crown ascertained to the Kings Eldest Son Answ 4. As to the Calamities of Civil Wars which followed between Baliol and Bruce in Scotland and the Houses of York and Lancaster in England notwithstanding the Laws in both Kingdoms making the Crown Hereditary to the Eldest Son And that such Lawes did not prevent the same I Answer first As to Scotland the effect of the Law of Primogeniture could not be expected where there was no Eldest Son surviving nor on the Death of Margaret of Norway so much as an Heir Lineal Male or Female left but if there had been an Eldest Son left there is no appearance of any thing against it but the Crown of Scotland had never Returned to the Line of the Earl of Huntingdon but remained in the Line of King Alexander the Third who was the last Possessor which would have prevented all those Ten Competitors to claym from Huntingdon and consequently the Wars between Baliol and Bruce Then as to the Civil Wars in England if Richard the Second had left a Son there appears no probability that ever there had been a Civil War between York and Lancaster Besides if when there is an Eldest Son left as was by Edward the Fourth and an younger Son with him and notwithstanding there followed a new Civil War between York and Lancaster in the Persons of Richard the Third and Henry the Seventh first though this Law of Primogeniture in Succession did not prevent it And though the Law make it High Treason to Compass the death of the Eldest Son yet could it not prevent the Murder of both the Sons To which I answer That it is not to be Imputed as a fault to the Statute or Law that some wicked persons dare break it but is notwithstanding of greater use as the Statutes which make it High Treason to Counterfeit the Kings Seal or to Clip Money and Felony to Rob on the High-Way Though many have notwithstanding Counterfeited the Seal Clipt Money and Rob'd on the High-way yet are not these Statutes Useless but a great Security to the People for though there are now a few if there were no such Statute at all there would be multitudes of Malefactors Richard the Third designing to Murder his Brother's Sons first slandered them with Illegitimacy Besides as to the Particular Instance of Edward the Fourth it was his Inadvertency and indeed Imprudence to Commit the Guardianship of his Son in Minority to his Brother who thereupon forged Illegitimacy against them and Murdered them And it was done for want of such a Law of Succession as was Enacted by Kenneth the Third and Malcolme Mackenneth the Second in Scotland which according to Buchanan lib. 6. p. 191. was A Guardian by the Law of Scotland to be Elected by Parliament during the Minority of the Prince Vt Rege Impubere Tutor qui pro Rege esset interea Eligeretur vir prudentia opibus insignis qui ad quartodecimum usque Annum Regis nomine rem administraret Ad id aetatis
Successor do He would first seize upon all the Protestant Treasuries and Treasure then on all the Protestant Armories Arms and Magazines on all the Protestant Forts Cittadels and Castles on the Protestant Navy and Land Militia It is wonderful what mighty strength of Foot and Horse Q. Mary kept for the Train in all the Counties of England and Wales to Oppress the Protestants ten times more than what the Protestants now keep to defend themselves against Papists as appears 4 5. P. M. Cap. 2. in Rastall's Statutes The incredible Provision for Arms by Papists in Queen Maries time where it is Enacted That every Person having 400 l. per annum or above and under the value of a 1000 Marks shall have find keep sustein and maintain two Horses or one Horse and one Gelding able for Demy-Lances with sufficient Furniture of Harness Steel Saddles and Weapons for the same and 4 Geldings able for Light-Horsemen with sufficient Harness and Weapons for the same and also 20 Corslets furnished and 20 Almain Rivets furnished and one Stede of Almain Rivets 20 Coats of Plate Corslets or Brigandines furnished 20 Pikes 15 long Bows 15 Sheefs of Arrows 15 Steel Caps or Skulls 6 Harquebusses and 6 Morians or Sallets So the Children of this World are in their Generation wiser than the Children of Light Q. Mary a Papist Successor to K. Edward a Protestant provided it seems the proportion of above ten to one more Arms to destroy Protestants than her Protestant Successors have to defend them for there is now but one Horse appointed for 500 l. per annum whereas Q. Mary sets six Horses on 400 l. per annum besides that Mass of Foot Arms appointed in the same Statute And though 400 l. per annum might be in those times according to the intrinsick value of Silver more than 500 l. now yet the proportion of Horse and Foot layd on 400 l. Land then If the Protestant yeild or lose Possession of Treasure or Arms or Offices to the Papists 't is not to be recovered again without a Miracle seems ten times more than now It is further to be Considered That by God's Mercy the Protestant is as yet Possessor of the Treasure Militia and all Publick Offices and the Protestants are by the same Mercy increased and multiplied and grown far more numerous in Great Britain and the same Mercy hath likewise given them Victories against Papists The Protestants have by God's Providence a Protestant King the Rightful Possessor of the Crown whom God grant long to live And hopes of a Protestant Successor the next Lineal right Heir of his Blood according to the Moral Law of God and the Law of the Land and the Protestant Religion And what is likewise a singular Mercy of God derived from a Marriage by the Moral Law of God and contrary and as is hoped inconsistent with the Ceremonial Law of Marriage and Succession Papal or Episcopal and therefore of a contrary Interest to them To yield therefore the right of the Law of God to the Law of Man the right of a Lineal Heir to a Collateral to yield the Possession of a great Number to a lesser Number of a greater power to a lesser power of a victorious Religion to a vanquished of a protestant Successor to a papist Successor were not only against all Piety but Prudence and all Laws either of Right or Possession 9. The Danger of seizing Offices by the Papist or his Trustees in name of Protestants 9. How great a plunge will it put the Protestants to who is now in possession of all publick Offices if through neglect of barring his door of Possession by an Act of Parliament declaring a Protestant Successor a papist Successor seeing the door left open for him should slip in and after he hath Treasure and Arms should likewise seize on the Power of publick Offices For then may he make Sheriffs of Counties Papists Mayors of Cities and Towns Papists He would make all the Military Officers by Land and Sea Papists Then may he cause to be chosen the greatest part of Burgesses and Knights of Shires Papists He may make Bishops Papists all Preachers Papists Lords of Parliaments Papists He may make Judges on the Woolsacks Papists for if the Successor be a Papist as the Supream Officer is so will all Inferior Officers be Papists He may then repeal all former Acts of Parliament made against Papists vacate all Oaths taken against Papists The Inquisition Office of Spiritual Courts and Excommunicato Capiendoes is ready prepared for him and he can as easily restore the Haeretico Comburendo Office again Did not so weak an Instrument as a Woman even Q. Mary her self do all this and more when once she became a Papist Successor to a Protestant King though he had confirmed the Protestant Religion as much as possible by Acts of Parliament How much more is a Masculine Papist Successor then to be feared whose Designs and Accomplishments are of higher and easier Atchievements than any Feminine When he sees all this done and the Abomination of Desolation stand in the Holy place what will then become of the miserable Protestant when by his own Supine Negligence he sees himself dispossessed of Treasure Arms Laws and all these publick Offices and Officers which should under God have protected him and the Judgment of God come upon him for his casting away all those Lawful means vouchsafed him of prevention of so great a Judgment Praestat therefore Cautela quam Medela it were a presumptuous tempting of God for the Protestant to deliver the possession of all his Treasure Arms and Offices to a Papist Successor when God hath given him Lawful means to prevent the same for when all these things are once delivered into the hands of a Papist Successor though God should by a Miracle send again a Protestant Successor how difficult and dangerous a matter it it would be to get again the power out of the Papist possession appears by the Example of Queen Elizabeth her self For when it pleased God to give her the Kingdom the Alteration of Religion Q. Eliz. her self not able to restore the Protestant Religion by more than six Voices after the Papists had got Possession Queen Eliz. not able to remove what did Protestants more harm than Images from Papist to Protestant in Parliament was carried by no greater plurality than only of six Voices and the Protestant party though with a Protestant Queen in the Head of them was able at that time to Enact no more against Popery than only two points viz. The Abolishing of the Mass and the Establishing the Liturgy in the English Tongue After Images were likewise removed out of Churches and broken or burnt Bak. Hist 350. But the High places of the Inquisition in Spiritual Courts The Excommunication Capiendo's and Haeretico Cumburendo's The Romish Altars and Ceremonies which did Protestants more harm than Images she was not able to move the