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A29174 An inquiry into the remarkable instances of history and Parliament records used by the author of The unreasonableness of a new separation on account of the oaths, whether they are faithfully cited and applied. Brady, Robert, 1627?-1700. 1690 (1690) Wing B4193; ESTC R7290 59,327 44

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c. and under the name of Danes † Aelfred vit f. 10. c. 14. ever since the beginning of King Egbert having by continued Invasions and Piracies harassed and grievously wasted and molested England in the Reign of King Aelfred by pact and bargain between him and Guthran enjoy'd East Saxony or Essex and the County of the East Angles and as * Faedus Aelfr Guthr c. 1. Lamb. fol 36. some say a far greater part of the Nation In King Ethelred's Reign Swane King of Denmark with a great Army Invaded and made himself Master of the whole Nation forcing Ethelred and his Wife Emme Sister to Richard the Second Duke of Normandy with their two Sons Edward and Alfred into that Country The Danish Kings stayed not long here after Swane had conquer'd the Kingdom they all four Reigned not much above 25 years their only Title was the Sword notwithstanding they either brought hither the custom of the Predecessors naming or giving the Kingdom to his Successor as probably it might have been some times practis'd in their own Kingdoms or used it as they found it here practis'd in cases of Necessity and in their Childrens Minority by the Saxon Kings † Encomium Emmae pr. by du Chesn amongst the old French Histor fol. 164. B. Swane made his Son Cnute his Successor He married Emme the Widow of Ethelred by whom he had his Son Harde Cnute To him his half Brother Cnute gave all that had been any ways under his Government but he being then in Denmark * Ibid. C. Harold possessed himself of the Kingdom who was a Bastard Son of a Maid Servant brought into his Concubines Chamber and imposed upon him by her Fol. 174. A. B. and for this reason Elnoth Archbishop of Canterbury refused to Consecrate him King and to deliver him the Crown and Scepter After the death of Harold Harde Cnute called his half Brother Edward by his Mother Emme afterward called the Confessor out of Normandy and caused him to live with him and dying within less than two years after left him Heir of his whole Kingdom Gul. Gemeticens l. 6. c. 9. Totius regni reliquit haeredem And he not long before he died made William the Conqueror his Successor Anno eodem viz. 1065. Note the Reason Rex Edwardus senio gravatus cernens Clitonis Edwardi nuper defuncti filium Edgarum Regio folio minus idoneum tam corde quam corpore Godwinique Comitis multam malamque sobolem Quotidie super terram crescere ad Cognatum suum Wilhelmum Comitem Normanniae animum apposuit eum sibi succedere in regnum Angliae voce flabili sancivit In the same year King Edward growing infirm with Age perceiving Edgar Aetheling the Son of Prince Edward lately Deceased neither in Mind nor Body fit for the Government nor to bear up against the growing Power and Malice of Godwin's Sons thought upon his Cousin William Earl of Normandy Fol. 511. b. n. 30. and by a firm Declaration Decreed he should be his Successor in the Kingdom Ingulph that Reports this was at the very time Secretaty to this William Earl of Normandy and after he had given him a great Character for his Courage Conduct and constant success in War his Justice Religion and Devotion subjoyns that King Edward sent Robert Archbishop of Canterbury as Envoy to him to let him know he was designed his Successor in his Kingdom Which probably he would never have done if this and the like Donations had been question'd in those days Nay † Review of Tyrhs p. 482. Mr. Selden says This Donation was a lawful Title William Rufus had the same Right and Title of Succession by the Donation of his Father and as his Testamentary Heir * Fragmt de vitâ Gul. long f. 32. n. 20. 30. 40. Orde Vit. f. 39. C. D. Ralph de Diceto Dean of St. Paul's who lived in or very near the time says † Col. 505. n. 40. 50. That Hugh Bigod Steward of the King made speed out of Normandy where King Henry died into England and made Oath before the Archbishop of Canterbury That upon his Death bed upon some Differences that hapned between him and his Daughter the Empress did disinherit her and made Stephen Earl of Boloign his Heir Whereupon William Archbishop of Canterbury giving too much credit to the Words of the Steward consecrated Stephen Earl of Mortaign King at Westminster If this should be true he succeeded as Testamentary Heir to King Henry King John was Testamentary Heir to his Brother Richard who upon his Death-bed when he despaired of Life devised to his Brother John the Kingdom of England and all other his Lands and made all present swear Fealty to him and commanded that his Castles and Three parts of his Treasure should be delivered to him * f. 449. b. lin 37. Wals Hypodig Neustriae f. 457. n. 40. Roger Hoveden who was a Domestick in the Family of King Henry II. and wrote at this very time delivers this King John before he left the World made Henry his First-begotten Son his Heir Paris who * f. 288. lin 2. Mat. West f. 276. n. 40. writes this was Historian to this Henry After what hath been premised the Author's History comes to be considered upon his first Query which he maintains upon Instances in the Saxon Norman and subsequent times The Author's Words P. 13. As to the former I say the resolution of Conscience in this case doth not depend upon the Will and Pleasure of the Person to whom the former Oath was made but upon the ground on which it was made and from which it had its force to oblige and if those cease the obligation of the Oath ceases together with them And whether they do or not no particular Person is so fit to judge as the Three Estates of the Realm as I shall now prove from several remarkable Instances to this purpose in our Histories and Parliament Records whereby I shall make it appear that when a Dispute hath hapned about the Right of Succession and to whom the Oaths of Allegiance were to be made they have looked on it as their proper Right to limit the Succession and determine the Oaths The Author's Words and Application continued ibid. p. 13. V nder the British Government we find a considerable Instance to our purpose Vortigern A.G. 454. Magnates Brit. Regem Vortigernum penitus deserentes unanimiter filium suum in Regem sublimaverunt Mat. West p. 83. the British King had enter'd into a Secret League to bring over the Saxons upon which the Great Men of the Nation deserted him and chose Vortimer in his room he was his eldest Son Here it is plain they thought the introducing a Foreign Power a sufficient discharge of their Obligation to him it being so directly contrary to the publick Good of the Nation although Vortigern gave them no Discharge In the Desertion of Vortigern