the Nation which shâ—ws how far the publick Good was thought to be the Measure of the Obligation of these Oaths Gâ—â— Newburgeâ—sis saith L. 1. c. 30. the Bâ—num publicum was the Foundation of this Agreement A. 1153. And M. Westminster that the King and Lords did all swear to it and a solemn Charter was made of it and kâ—pt in a most secure place HISTORY M. W stm A. D. 1153 f. 246. n. 10 Diligentia Theobaldi Archiepiscopi Cantuartensi Episcoporum râ—gni Rex Anglorum Stephanus D x Nâ—â—mannorum Hâ—nricus apud Waâ—ingford talem concordiam inierunt c. By the D ligence of Theobald Archbishop of Canterbury and the Bishops of the Kingdom the following Agreement was made between King Stephen and Henry Duke of Normandy at Walingford King Stephen not having an Heir except only Duke Henry did acknowledge in an Assembly of the Bishops and other chief Men of the Kingdom that Duke Henry had the hereditary Right to the Kingdom of England and the Duke kindly granted that King Stephen should during his Life peaceably enjoy his Kingdom The Agreement was so co firmed that the King him elf and the Bishops then present with the rest of the best Men of the Kingdom sware that Duke Henry after the Death of the King if he should outlive him should enjoy the Kingdom without all Contradiction Oâ— which Agreement there was a Charter made which was kept in a most secure place Ibid. n. 20. This is what the Historian hath in both places cited by the Author The whole Charter is in Brompton Brompton col 1037. n. 60. and begins thus Stephanus Râ—x Angliae Archiepiscopis Episcopis Abbatibus Comitibus Justitiariis Vicecomitibus Bâ—ronibus omnibus fidelibus suis salutem Sciatis quod Ego Rex Stephanus Henricum Ducem Normanâ—â—ae post me Successorem regni Angliae hae edem meum jâ—re haereditario constitus sic e haeredibus suis regnum Ang iae donavi consiâ—mavi Dâ—x vero propter hunc honorem Donationem Confirmationem sibi a me factam Homagio michi Sacramento securitatem fecit scilicet qâ—od fidelis mâ—chi erit vitam honâ—rem meum pro suo posse custodiet per Convâ—ntiones inter nos praelocâ—tas quae in hac Charta continentur Stephen K ng of England c Know ye that I have appointed Henry Duke of Normandy Successor of the Kingdom of England after me and my Heir by hereditary Righâ— and so have given and confirmed the Kingdom of England to him and his Heirs For which Honour Donation and Confiâ—mation made by me to him he gave me Security by Homage and Oath that he would be faithful to me and preserve my Life and Honour to the utmost of his power according to the Agreements made by us which are contained in this Charter Neubrigensis speaking of this Treaty says L. 1. c 30. p. 104. In Paris Ed. 1610. Pâ—acuâ—t inter eos that is the King and Duke solemne salubre colleqâ—ium celebrari ubi amicis mediantibus circa bonum publicum pia prudenti provisione satagentibus pâ—x inter eos caute formata solide firmata est Tâ—ey agreed to have a solemn and wholsome Treaty where by the Mediation of Friends having a pious and prudent respect to the common Good a Peace was warily made and solidly confirmed Ibidem p. 105. Quibus Deo propitio salâ—briter actis Rex Angliam Anglia pacem recepit annis enim jamplurimis fere nudo regis nomine insignis tunc recipere visus est hujus rem nominis quasi tunc primo regnare coepit quia tunc primo purgata Invasionis Tyrannica macula legitimi principis justitiam induit Which things being done by God's Assistance the King received England and England received Peace for having had the bare name of King for many Years now he enjoyed the thing it self and began then first to reign because then the Blot of Tyrannical Invasion being first wiped out he exercised the Justice of a lawful King The Author 's further Words about this Accord p. 22. And thus the Oaths of Allegiance were continued to one that had no Right for his Life and made to one who predended to no R ght but after his Mother who was set aside in this Agreement for we never read that she was present at the Agreement or resigned her Right to the Crown So that here were three Oaths of Allegiance at once that to Maud the Empress that to King Stephen and to Henry II. and yet the general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides The Answer to what the Author says about this Agreement and the Exclusion of Maud c. By this Accord it was owned by King Stephen Bishops and Barons which were then the Parliament or Colloquium as the Author confesseth that thâ— hereditary Right was in Duke Henry and he granted that King Stephen during his Life should peaceably enjoy his Kingdom And if the Right was in Henry might he not recede from it if he pleased And the Agreement says he did during Stephen's Life This Retrocession made the Bishops and Barons Oaths to the Agreement lawful and if he had not some testimony of a Cession or Resignation by and from his Mother though not mentioned in the Agreement this Convention could not upon Stephen's Acknowledgment only have own'd his hereditary Right upon Oath And that by Cession or some other way she did quit and leave her Right to govern to her Son 't is most probable from what follows Mâ—nd the Empress Malmâ—b f. 104. a.n. 10. upon the death of her Father and the Invasion of Stephen on the 30â—h of September in the Year 1139 came into England with her Brother Robert and managed the War against him in her own Person her Son being but a Child He was born A.D. 1133. and her Husband engaged in the Defence of Normandy Anjon c. against the King of France Her three great Supports were her half Brother Robert Earl of Gloucester Ranulph Earl of Chester and Milo Earl of Hereford the last Chaon Gervas Col. 1359. n. 10 Col. 1361. n. 10. Col. 1362. n. 10. lin 1. to her very great Grief died in the Year 1143. the second made his Peace with King Stephen 1145. and the first Robert Earl of Gloucester died in the beginning of November in the Year 1146. of an high Fever after he had sent Henry then being about thirteen Years of Age over to his Father into Normandy After the loss of these Friends and Supports the Empress Ibidem Col. 1363. lin 1. wearied out with these Commotions and Wars in England before Lent in the Year 1147. passed over into Normandy chusing rather to live there with her Husband in Peace than undergo so many Troubles In the Year 1149. Ibidem Col. 1366.
n. 30. Col. 1367. n 30. Chr. Norm f. 984 B.C. A. D 1150 M Wâ—stin eod An. Henry came into England with an Army in the Month of May and returned into Noâ—mandy in the beginning of January next following without Success In the Year 1150. Henry took possession of his Mother's Inheritance haereditatem matris the Dukedom of Normandy and did Homage to Lewâ—s King of France for it his Father Geofrey being present both when he took Possession and did Homage and they returned together from Paris rejoicing and no doubt if they two were so well pleased with what had been done the Mother could not be dissatisfied nor could it be done without her Consent Ibidem D. A. D. 1150 On the 7th of September his Father Geofrey died and gave to Henry Dâ—ke of Normandy his eldest Son the Earldom of Anjou Henrico Duci Normanniae primogenito suo concessit Comitatam Andegavensem Chr. Gerv. Col. 1372. n. 30. The old Historians began the Yâ—ar at Christmas In the Year 1153. Duke Henry all things being quiet beyond Sea came with some Forces into England on the 1st of January His Câ—ming was no sooner known but the Earls and great Men flocked to him and upon the 8th of the same Month the Year following the Agreement was made between King S ephen and Duke Henry Matth. Westminster says it was made A. D. 1153. Chr. Norm f 1101. D A. D. 1166 From the time Maud the Empress left England in the Year 1147 she is not so much as mentioned by any Historian until the time of her death which was on the 4th of the Ides or 10th of September 1166. From these Particulars 't is most probable if not certain that she was satisfied with and consented to this Agreement either at the time it was made or by Cession from the Kingdom and Government by relinquishing it and leaving the whoâ—e Management to her Son who was now Duke of Normandy Earl of Anjou Ibid. f. 985. C. and in Right of his Wife Alienor Duke of Aquitain and being now above twenty Years of Age fit for Action When he came for England she was in her declining Age her Years being then about fifty and fixing her Mind upon Works of Charity she spent the rest of her Days in performing of them Ib. f. 1101. D. for she built three Monasteries in Normandy one of Cistersians in the Country of Caux another of Canons near Cherburgh and a third of Canons in the Forest of Goser and for the building of the Stone Bâ—idge of Rhoven over the River Seyn which had been begun by her she gave a great Summ of Money She was a Woman of a very brisk and high Spirit as appears by her Actions in England and after she left it she lived nineteen Years and twelve or thirteen after her Son was King So as if she had not relinquished her Right to England as she had done about three Years before this Agreement to Normandy the Historians could not have been so silent concerning her So that from hence 't is evident that such as had taken the three Oaths were safe for upon Maâ—d's Cession or relinquishing her Right the Obligation of the Oath made to her ceased Then the Oath made to Stephen seeing it was done by the Consent of Henry who had the Right became lawful And thirdly Theâ—e can be no Scruple about the Legality of the Oath made to H nry who upon the Cession of his Mother had the hereditary Right and this is suggested and owned in the Agreement But the Author says The general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides What could this general Good then be It could not be the Publick of the Nation in a true sense for the Buâ—k and Body of the People were English Saxons for though the Normans had taken away their Estates and made them Slaves as appears by Dooms-day-Book and the black Book in the Exchequer yet we read not that they massacred or murthered them And what general Good did they receive by or what equitable Sense did or could what was general Good to them give to the Normans Oaths For all the Bishops and Noblemen that took these Oaths were Normans All the Bishops Earls and Barons that were Witnesses to the Instrument of Agreement and sware to it in number thirty seven were Normans except Geofrey of Monmuth a Welshman or Britain then Bishop of St. Asaph That England was an Habitation of Strangers meaning the Normans and governed by Foreigners Malms f. 52. a. n. 40. Malmâ—bury wrote at this time and says when he wrote there was no natural Englishman a Duke that is a great or leading Man a Bishop or an Abbot all sorts of Outlandish-men devoured the Riches and Bowels of England nor was there any hopes this Misery would have an end Anglia facta est exterorum habitatio alieniginarum dominatio nullus hodie Anglus vel Dux vel Pontifex vel Abbas Advenae quique divitias viscera corrodunt Angliae nec ulla spes finiendae miseriae And in another place speaking of the Battle of Hastings he says Ibid. f 57. a. n. 30. That was the fatal Day to the English the lamentable Destruction of his sweet Country by its receiving new Lords and Masters Illa fuit dies fatalis Anglis funestum excidium dulcis patriae pro novorum Dominorum commutatione Let the Author tell the World how the general Good of a Nation that were miserable People and Slaves could give an equitable Sense of their Conquerors and cruel domineering Masters Oaths Let him shew how the general Good of any Nation can give an equitable Sense to the Oaths of such Men who were educated in Perjury Rapine Murther and and all sorts of Barbarities and Wickedness whose Gain and Advantage was the Measure of all their Actions In the Year 1104 or 1105 notwithstanding all the great Normans had swore Fealty to their true and lawful Duke Robert yet when Henry came from England with good store of Money they ran after him and delivered to him Castles and fortified Towns Eadmer f. 80. lin 1. A D. 1104. Hoved. f. 289 b. n. 30 A. D. 1105 Anno millesimo centesimo quinto Rex Anglorum Henricus transiit mare omnes autem pene majores-Normannorum ad ejus adventum spreto comite Domino suo cui fidelitatem juraverant in aurum argentum regis quod ipse de Anglia portaverat cucurrerunt eique castra munitasque civitatis tradiderunt It was the way in Normandy and from thence brought hither when any Earl or great Man found himself grieved by another injured or highly affronted they frequently got together all their Men at Arms their other Tenants and poor Dependants and as much Assistance from their Friends and Confederates as they could and burnt one anothers Castles or Houses destroyed their Lands and small Territories and
afterward King Stephen and then Robert Duke of Gloucester King Henry's natural Son Anno. 31. Regni sui Rex Henricus rediit in Angliam c. In the thirtyfirst year of his Reign King Henry returned into England and the Empress also and in a great Assembly of the Nobility or Great Men at Northampton those which had sworn before renewed their Oath and those that had not did then swear or give their Faith unto her King Henry died in the Thirty fifth year of his Reign Ibid. b. n. 30. and in his Sickness being asked by Robert Earl of Gloucester and the Nobleman that were then with him about a Successor a quibus de successore interrogatus filiae omnem terram suam citra ultra mare legitima perenni Successione adjudicavit he gave all his Lands every where to his Daughter as to his Lawful Successor After the death of King Henry Ibid. f. 101. a. lin 5. which happen'd upon the first of December that year the Empress Robert Earl of Gloucester with most of the Noblemen delay'd their return for England whereas Stephen made all the haste he could and by the readiest Passage being come the Londoners and People of Winchester own him a King Ibid. n. 10. And he drew unto him Roger Bishop of Salisbury and William de Pont Larch Keeper of the King's Treasure But all his Endeavars had come to nothing Ibid. n. 20. if his Brother Henry Bishop of Winchester and at that time the Pope's Legat had not been his best Assistant William Archbishop of Canterbury required of him an Oath That he would restore and preserve the Liberties of the Church and the Bishop of Winchester became his Suretyâ— for the doing of it He was very sweet in his Promises but they wanted performance He was Crowned the 22 of December there being present only three Bishops the Archbishop the Bishops of Winchester and Salisbury no Abbats and but few Noble or Great Men. Ibidem Coronatus est ergo in regem Angliae Stephanus undeciâ—o Calendâ—â— Januarii 1135. tribus Episcopis prasentibus Archiepiscopo Wintoniensi Saresberiensi nullâ— Abbatibâ—s pancissimus Optimatibus Ibid. n. 40. Having made the Treasurers of his Party he immediately became Master of the Treasure which was near 100000 l. in ready Money besides Gold and Silver Vessels of great weight and inestimable value Having so great Treasure he could not want Assistants Ibidem hanc copiâ—m Gazarum habenti auxiliatores dâ—esse non poterant especially being very profuse in his Gifts All sorts of Soldiers stock'd to him out of Flanders and Britany most notorious Plunderers Ibid. n. 50. and cruel People who robbed Churches and pulled Men of Religious Orders from their Horses and imprisoned them without regard Erat genus hominum rapacissimum violentissimum qui nil pensi haberent vel caemeteria frangere vel Ecclesias expilare Religiosi quinetiam ordinis viros non solùm equis proturbare sed etiam indigenae militer c. Ibidem Neither were Strangers only but home-bred Soldiers or Knights who hated Times of Peace toward the end of King Henry's Reign because then they lived meanly easily brought to his Party raising thereby their Fortunes from the Loss and Ruin of the People Ibid. b. lin 2. Ibid. lin 3 4. Provineialium dispendio suas fortunas urgentes Further Stephen when he was Earl by his easie and jocular Conversation and his Familiarity with ther meanest Persons had wonderfully gain'd the Affections of the People Ibid. lin 5. so that all the Noblemen of England came readily in to him In the mean time the wise Earl of Gloucester was folic ous how he might shew them their Faults and by Discourse bring them back to a better Opinion for there was nothing to be attempted by Force Ibid. lin 7. for the Causes before mentioned nor was it free for him to come into England unless for a time he could dissemble and appear as if he were a Party in the Defection quasi defectionis eorum particeps wherefore he did Homage to the King upon Condition Ibid. n. 10. that is to say so long as he kept his Dignity entire and performed his Agreement and Covenants scilicet quamdiu ille dignitatem suam integre custodiret sibi pacta servaret For long before he knew the Temper of the King and foresaw the Instability of his Faith spectato enim jamdudum regis ingenio instabilitatem fidei praevidebat In the same Year Ibidem not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and strict Discipline of the Church Ibid. n. 20. 30. which he then swore to do according to his Charter that consists mostly of Privileges granted to the Clergy and is there repeated and is dated 1136 in the first Year of his Reign But the Historian says He disdain'd to put the Names of the Witnesses which were many because he changed all things so perversly as if he had only sworn that he might shew the whole Kingdom he had sworn to what he never intended to perform Ibid. n. 40. nomina Testium qui multi fuêrunt apponere fastidio quia pene omnia ita perperam mutârunt quasi ad hoc tantum jurâsset ut praevaricatorem sacramenti se regno toti ostenderet In this Grant he says he was chosen King by the Clergy and Laity crowned by William Archbishop of Canterbury and afterwards confirmed by Pope Innoeent the Bull of which Confirmation may be seen in the History of Richard Prior of Hagulstad col 313. n 30. The Witnesses to his Charter or Grant were most of the Bishops Earls and Noblemen and all Normans and may be found in the same History Col. 314. n 60. This is the true History how Stephen came to be King taken from William of Malmsbury who lived and wrote at the very time these things were done and wrote them at the Request of Robert Earl of Gloucester The Author's Words p. 20. The first Observation upon his own History of Maud's Title and Stephen's coming to the Crown before noted is That if it hold that an Oath was first taken to Maud by the Bishops and Nobility and afterwards to King Stephen an Oath of Allegiance may cease without Discharge from the Party to whom it was made and so the Archbishop of Canterbury and the Bishops of Winchester and Salisbury as well as the Nobility thought themselves at liberty to take a new Oath of Allegiance without a Release from the Party concerned in the former Oath What may be said to this 'T is not to be doubted but the Author knows what Religion was profest in this Nation at that time and only that and knows also those of that Persuasion did and do believe the Head of their Church had and hath Power to make an Oath cease without discharge from the Party to whom it
them shall be reversed cancelled void undone revoked repealed and of no foâ—ce nor effect Henry VI. was a King de facto according to the Author's Description as well before at and after this Parliament in the Ninth of Edward IV. and Forty ninth of Henry VI. and is said to be in this Statute yet in all these Times he is declared an Vsurper at this time a Rebel and his Reign a pretensed Reign and this Parliament is also declared a pretensed Parliament Statutes at large 1. Hâ—n VII cap. 6. Richard III. was acknowledged to be a King by a Parliament of his own calling and was according to the Author's description a King de facto yet in the First of Henry VII he is declared an Vsurper of the Realm and not so much as allowed the name of King or pretensed King in that Statute After the King de facto and Vsurper Enquiry is to be made what Right and Title a King de jure may pretend to the Crown accordiâ—g to the Constitution Law and Statutes of thâ— Kingdom and it appears by the following plain Proofs that it is onâ—y by Descent and not oâ—herwise This is an hereditary successive Moâ—archy and immediately upon the Death oâ— Cession of th Predecessor the Crown is vested in the lawful Successor by Inheritance and Proximity of Blood Which appears 1. By the Record before cited of the Compromâ—se and Agreement between Râ—chard Duke of Yo k and Henry VI. in the Thiâ—ty â—inth Yâ—ar of his Râ—ign wherein he makes his Claâ—m only by lineal Dâ—scent He exhibited only a bare Title by Descent and Proximity of Bâ— od which could not be denied and upon such shewing of his Right the Lâ—rds concluded it could not be defeatâ—d Rot. Parl. 1. Edw. IV. n. 10. This was pâ— t of the Petâ—tion and Declaration of the Commons before mentioned and pâ—ssed into an Act. n. 15. notwithstanding what King Henry's Council could say againâ—â— it 2. By the Râ—cord of the First of Edward IV. Thâ— Commyns being in this present Parlement having sufficient and evident knâ—wlege of the seid unrightw se Vsurpation and Intrusion by the sâ—id Henry late Erle of Derby upon the s â—â— Câ—rone of Englond knowing also certaiâ—ly without doubte or ambiguite thâ— Right and Title of our seid Soverayne Lord therunto true and that by God's Law Manne's Law and Law of Nature he anâ— none other is and owe to be their true rightwise and natural Liege and Soveraign Lord and that he was in Right from the deth of the seid noble and famous Pâ—iâ—ce his Fader very just King of the seid Reaume of England And yet his Father was never possâ—ssed of the Crown 3. Ibid. n. 10. And that the Takeing of Possession and Entree into the Exercise of the Roiall Estate Dignite Reign and Governaunce of the seid Reaume of Englond and Lordship of Irelond of our seid Soverayne Liege Lord King Edward IV. the seid 4th Day of March That Day he took Possession of the Crown and Government Ibid. n. 11. and the Amocion of the seid Henry late called King Henry VI. from the Exercise Occupaâ—ion Usurpation Intrusion Reigne and Gâ—vernaunce of the seid Reaume and Lordship doon by our seid Soverayne and L ege Lord King Edward IV. the seid 4th Day of March was and is rightwiâ—e lawfull and according to the Lawes and Cu â—umes of the seid Reaume and soe owe to be taken holden reputed and accep ed. And over that that our seid Sovâ—rayne and Liege Lord King Eâ—ward IV. the seid 4 h Day of March was lawfully seaâ—ed and possessed of the seid Corone of Englond in his seid Right and Title and from thenceforâ—h hâ—ve to hym and his Heires K ngs of Eâ—glond all such Manners Castells Lordships Honoures Londs Tenements Rentes Services Fees Fee-farm Rentes Knights Fâ—es Avousons Gyftes of Offices to yere at his pleasure Feires Markets Iss es Fynes and Amerciamentes Libertees Franchises Prerogatifs Eâ—chetes Custumes Reversions Remeyâ—ders and all other Hereditamentes with her Appurtenaunces whatsoever they bâ— in Englond Wales and Irelond and in â—aleys and the Marches therof as the seid King Richard had in the Feâ—â— of S. Matthew the Apostle about three Weeks before he was deposed the Twenty third Yere of his Reigne in the Right and Tâ—tle of the Corone of Englond and Lordship of Iâ—elond and shâ—ld afâ—er his Decesse have descended to the sâ—id Edmund Mortymer Erle of Marche Sonne of the seid Roger Mortymer Erle of Marche as to the next Heire of Blode of the same King Richard after his deth yf the seid Usurpation had not been committed or after the seid Edmund to his next Heire of Blode by the Lawe and Custume of the seid Reaume of Englond 4. The general Opinion of the Nâ—tion in these Times that the Right and Title to the Crown was by Inheritance only and Proximity of Blood caused Henry IV. â—o claim it Rot. Parâ— 1. Hen. IV. n. 53. Rot. Parl. 1 Râ—c III. in Exact Abridgment fol. 712 713 714. al 's descendit be ryght Lyne of the Blâ—de comeynge fro the gude Lord Henry Therde And for the same Reason Richard III. was by the three Estates that is to say the Lords Spi itual and Temporal and Commons in Parliament assembled declared to be undoubted Heir of Richard Duke of York Father to Edward IV. very Inheriter of the Crown of England and Dignity Royal and as in Right King oâ— England by way of Inheritance Tâ— ssel's Câ—ntâ—n fol. 231. All this was insinuated by himself in his Answer to Buckingham's Speech when he took upon him Kingship Likewise Henry VII upon the same Account prefers his Title by Conquest and Succession before that by Act of Parliament which Pope Innocent VIII In Cotton's Library Cleopatra E. 3. in his Bull of Confirmation of his Title says belonged to him non modo jure belli ac notorio indubitato proximo successionis titulo verum etiam omnium Praelatorum Procerum Magnatum Nobilium totiusque ejusdem regni plebis Electione noch decreto statuto ordinatione ipsius Angliae regni trium Statuum in ipsorum Conventu Parlamento nuncupato Bacon's History of Henry VII f. 1. 3. Not only by Right of War being saluted King by the Army in Bosworth-Field and had there King Richard's ornamental Crown put on by Sir William Stanley and the notorious and indubitable next Title of Succession but also by the Election of all the Prelates and Great Men of the who e Commonalty of the Kingdom of England and by a known and decreed Statute and Ordinance of the three Estates of the same Kingdom of England in their Meeting called a Parliament But that he thought himself most safe in the Pope's Confirmation is clear for that in the Thirteenth Year of his Reign he procured the Bull to be renewed and the Act of Parliament confirmed by Pope Alexander VI. Cotton Lib. ut supra under pain of Excommunication and Curse to such as should upon any pretence whatsoever disturb the Peace of the Nation and create Troubles against the Title of Henry VII Henry VIII in all his extravagant Acts concerning his Queens and the Succession founded them in pretended legal Proximity of Blood according to the due course of Inheritance the pretended want of which was the Ground and Suggestion still for passing those Acts. See 25 Hen. VIII cap. 22. 28. Hen. VIII cap. 7. And 35. Hen. VIII cap. 1. 5. Statut. 1. Mar. Sess 2. cap. 4. Where it hath pleased Almighty God the 6th Day of July last past to call out of this transitory Life unto his Mercy our late Sovereign Lord King Edward VI. by and immediately after whose decease the Imperial Crown of this Realm with all Dignities Dominion Hâ—nours Pre-eminencies Prerogatives Stiles Authorities and Jurisdictions to the same united annexed or belonging did not only descend remain and come unto our most dread Sovereign Lady the Queen's Majesty but also the same was then immediately and lawfully invâ—sted deemed and adjâ—dged in Her Highness's most Royal Person by the due Course of Inheritance and by the Laws and Statutes of this Râ—alm 6. Stat. 1. Jac. cap. 1. The Act of Recognition in the First of King James doth not take notice of Henry VII his Title but of his Daughter Margaret's as descended from Elizabeth her Mother Daughter and Heir to Edward IV. and declare that he was lineally rightfully and lawfully descended or the Body of the most excellent Lady Margaret eldest Daughter of the most renowned King Henry VII and the high and noble Princess Queen Elizabeth his Wife eldest Daugâ—ter of King Edward IV. In consideration whereof the Parliament doth acknowledge King James their onâ—y rightful Liege Lord and Sovereign and further say as being bound thereunto both by the Laws of God and Man they do recognize and acknowledge that immediately upon the Dâ—ssolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belongâ—ng to the same did bâ—â—â—erent Birth-right and lawful and undoubted Succession desâ—â—nd and come to His most Excellent Majesty as being lineaâ—ly justly and â—lawfully next and sole Heir of the Blood Royal of this Realm as it is aforesaid In the First of the same King there was a Conspiracy formed against him by Persons of divers Persuasions Term. Miâ— 1. Jac. kept at Winchester Watson and Clerk two Priests pleaded it could not be Treason because he was not crowned All the Judges resolved That King James being right Heir to the Crown by Descent was immediately upon the death of Queen Elizabeth actually pâ—ssâ—ssed of the Crown and lawful Kâ—ng of Eâ—gland before any Proclamation or Coronation of him which were but Ceremonies For their Treason they were condemned and executed at Winchester the 29th of November These are impregnable Proofs from thâ— Constitution Laws and Statutes of this Nation what the Right and Title to the Crown is and to whom the Succession is due FINIS