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A50551 Jus regium, or, The just and solid foundations of monarchy in general and more especially of the monarchy of Scotland, maintain'd against Buchannan, Naphtali, Dolman, Milton, &c. Mackenzie, George, Sir, 1636-1691. 1684 (1684) Wing M163; ESTC R945 87,343 224

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project I find also that as the debarring the Right Heir is in reason the fruitful seed of all Civil War and misery for who can imagine that the Right Heir will depart from his Right or that wise men will endanger their lives and fortunes in opposition to it so experience has demonstrated how dangerous and bloody this injustice has prov'd Let us remember amongst many Domestick examples the miseries that ensu'd upon the exclusion of Mordredus the Son of Lothus the destruction of the Picts for having secluded Alpinus the Right Heir the Wars during the Reign of William the Conqueror those betwixt King Stephen and Henry the II betwixt the Houses of Lancaster and York betwixt the Bruce and the Baliol the murther of Arthur Duke of Britanny true Heir of the Crown of England with many other foreign Histories which tell us of the dreadful mischiefs arising from Pelops preferring his youngest Son to the Kingdom of Micene from Aedipus commanding that Polinices his youngest Son should reign alternately with the eldest from Parisatis the Queen of Persia's preferring her youngest Son Cyrus to her eldest Artaxerxes from Aristodemus admitting his two Sons Proclus and Euristhenes to an equal share in the Lacedaemonian Throne The like observations are to be made in the Succession of Ptolemaeus Lagus and Ptolemaeus Phisco In the Sons of Severus in the Succession of of Sinesandus who kill'd his Brother Suintilla Righteous Heir of Spain and that of Francis and Fortia Duke of Millan with thousands of others In all which either the Usurpers or the Kingdom that obey'd them perish'd utterly To prevent which differences and mischiefs the Hungarians would not admit Almus the younger Brother in exclusion of the elder Colomanus though a silly deform'd Creature albeit Almus was preferr'd by Ladislaus the Kings eldest Brother to both Nor would France acquiesce in St. Lewis's preferring CHARLES's third Son to Lewis the Eldest And the English refus'd to obey Lady Jean Gray in prejudice of Queen Mary though a Papist and persecuter Tali constanti veneratione nos Angli legi timos Reges prosequimur c. says an English Historian Seventhly If Parliaments had such Powers as this then our Monarchy would not be hereditary but elective the very essence of an hereditary Monarchy consisting in the right of Succession according to the contingency of blood Whereas if the Parliament can prefer the next save one they may prefer the last of all the Liue for the next save one is no more next than the last is next And the same reason by which they can chuse a Successor which can only be that they have a Power above him should likewise in my opinion justifie their deposing of Kings And since the Successor has as good right to succeed as the present King has to Govern for that Right of blood which makes him first makes the other next and all these Statutes which acknowledge the present Kings Prerogatives acknowledge that they belong to him and his Heirs it follows clearly that if the Parliament can preclude the one they may exclude the other And we saw even in the last age that such reasons as are now urged to incapacitate the Children of our last Monarch from the hope of Succession viz. Popery and arbitrary Government did embolden men to Dethrone and Murder the Father himself who was actual King Eighthly That such Acts of Parliament altering the Succession are ineffectual and null is clear from this that though such an Act of Parliament were made it could not debar the true Successor because by the Laws of all Nations and particularly of these Kingdoms the right of Succession purges all defects and removes all impediments which can prejudge him who is to Succeed And as Craig one of our learn'd Lawyers has very well express'd it tanta est Regii sanguinis praerogativa dignitas ut vitium non admittat nec se contaminarep atiatur And thus though he who were to succeed had committed Murther or were declar'd a Traitor formerly to the Crown for open Rebellion against the King and Kingdom yet he needed not be restor'd by Act of Parliament upon his coming to the Crown But his very Right of blood would purge all these imperfections Of which there are reasons given by Lawyers one is that no man can be a Rebel against himself nor can the King have a Superior And consequently there can be none whom he can offend And it were absurd that he who can restore all other men should need to be restored himself The second reason is because the punishment of crimes such as confiscations c. are to be inflicted by the Kings Authority or to fall to the Kings Thesaury and it were most absurd that a man should exact from himself a punishment Like as upon this account it is that though in the Canon Law Bastards cannot be promoted to sacred orders without dispensation nor can alibi nati that is to say People born out of England be admitted to succeed in England by express Act of Parliament there Yet Agapaetus Theodorus Gelasius and many others have been admitted to be Popes without any formal dispensation their election clearing that imperfection And the Statute of alibi nati has been oft found not to extend to the Royal Line That the Succession to the Crown purges all defects is clear by many instances both at home and abroad The instances at home are in England Henry the VI. Being disabled and attainted of High-Treason by Act of Parliament it was found by the Judges notwithstanding that from the moment he assum'd the Crown he had Right to succeed without being restored And the like was resolved by the Judges in the case of Henry the VII as Bacon observes in his History of Henry the VII Fol. 13. And in the case of Queen Elizabeth who was declar'd Bastard by Act of Parliament as is clear by Cambden anno 2 Elizabeth And though in Scotland there be no express instances of this because though some Rebellious Ring-leaders in Scotland have often in a private capacity been very injurious to their King Yet their Parliaments have been ever very tender of attainting the Blood-Royal or presumptive Heirs But Alexander Duke of Albany and his Succession being declared Traitours by his Brother King James the IV his Son John was notwithstanding called home from France upon his Uncles death and declar'd Tutor and Governour without any remission or being restor'd That Employment being found to be due to him by the right of Blood Therefore he had been much more declared the true Successor of the Crown if his Cousin King James the V. had died These being sufficient to establish our design I shall mention only some forraign stories CHARLES the VII of France who though banish'd by Sentence of the Parliament of Paris did afterwards succeed to the Crown And though Lewis the XII was forfeited for taking up Arms against CHARLES the VIII yet he succeeded to him