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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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Exercise of the same for the Publick safety 1 In regard the Entail being made to the Eldest Son by Act of Parliament the same declares that what is given by Act of Parliament may be taken by Act of Parliament and that every former Act inacted may by a latter Act be repealed according to the known Rule Vnumquodque dissolvitur eodem modo quo conflatum est Secondly according to the General Examples of Acts of Parliament amongst which nothing is more common than for later Acts to change the Entails of the Crown made by former Acts. Thirdly This Power of Parliaments is expresly declared by Act of Parl. 13 El. 1. still in force by which it is enacted that to affirm that the Laws and Statutes do not bind the Right of the Crown and the Descent Limitation Inheritance and Governance thereof is High Treason Fourthly All the Reason alledged of the Antient Custom of New Election of the Successor on every Descent is only lest the Eldest Son should happen to be an Infant or otherwise unfit for Government that the Parliament might choose the fittest which here is satisfied in the Eldest Son who is above all exception known to be the fittest who can be chosen Fifthly though this reserve of Power remain naturally in Parliaments to repeal and change former Acts concerning Succession by new Acts when there is just and necessary cause yet it is necessary likewise there should be a praevious Act to mark out the Heir in whose name the Parliament shall be called to declare the Succession or Guardianship if he happen to be an Infant And what if after a King happens to die there happen a Rebellion or Invasion which makes it impossible to assemble a Parliament will it not be a great safety to the People that a standing Act of Parliament hath before hand appointed the Successor to take care of the Kingdoms till he can call a Parliament to give their assistance therein There is nothing therefore can be justly excepted against these two Acts of Parliament of England and Scotland for ascertaining by Law the Eldest Son to be Heir to the Crown The excellency of the two said Acts of Parliament of England and Scotland which ascertain the Succession of the Crown to the Kings Eldest Son But it were a great unthankfulness to the Providence of God to undervalue such Laws whereby all Accidents are obviated Questions and Doubts resolved and Objections answered by so few words as two Lines in each and the Peace of Succession preserved in Great Britain for so many hundred years which in other Empires and Kingdoms cannot be effected without those horrid Murders of Younger Brothers by Elder or Elder Brothers by Younger of lineal Heirs by collateral or collateral Heirs by lineal of Sons by Fathers or of Fathers by Sons whereby Civil Wars Devastations and Ruines of Kingdoms have ensued and that the want of such Statutes or the Breach of them have been causes of these Evils and Enjoyment of them hath been the Cure will I hope appear in the Objections and Answers following Objections first against the not being of the Kings Eldest Son within these Statutes answered Object Obj. 1. That the Lady his Mother was not a Queen therefore the Kings Eldest Son is not within the Statute Answ Statute false translated in the word Queen Answ To this the answer is easie and clear that the word Madame sa Compaigne are falsly translated our Lady his Queen and ought to have been translated our Lady his Companion which is proved by the Reasons following 1. Because 't is manifest sa Compaigne signifies not the word Queen in specie but any Lady Companion in general 2. Because it is manifest the makers of this Act of Parliament intended not to restrain their several meaning onely to a Queen for they knew Royne was French for Queen as well as Roy for King and if they had intended so could have more certainly and easily said Compas le mort nostre Seignior le Roy sa Royne than Madame sa Compaigne 3. Because at the time of making this Statute the famous Black Prince being the Eldest Son to Edward III. was married to Joan Daughter to Edmund Earl of Kent and had Issue by her Richard of Bourdeaux after King of England and none doubts but it was the intention of the King Edward III. who passionately affected his Grandchild Richard that in case the Princes Wife should happen to die in his life time whereby she should not have been a Queen but that notwithstanding if the Black Prince had happened to have survived him which he did not and been King his Eldest Son Richard should have benefit of this Statute 4. It would have been made doubtful by the Bishops who usurped then the Papal Supremacy over Princes of giving or refusing to give them Coronation when they pleased whether the Kings Wife should be titled Queen if the Bishop refused her Coronation Ralph of Canterbury refuseth to Crown Adeliza Queen unless he should first discrown the King as Ralph Archbishop of Canterbury did to Adeliza the second Wife of H. I. unless the Kings would suffer him to pull off the Crown first from the Kings head and new Crown him in acknowledgment that the Supremacy of the Coronation Office belonged to Ralph the Archbishop Bak. Hist 43. Touching which Office of Coronation of Kings and Queens that it belongs to Parliaments and not to Bishops and that David himself was both crowned and anointed by his Parliament and not by the Priest is shewn lib. 2. cap. 1. p. 169 c. 5. The Law of Saxons and Scots that no Wife of a King should be called Queen Because the Title of Queen was then under Envy and doubtful whether not against the antient Law both of England and Scotland the same not appearing to have been repealed by any Act of Parliament Bak. Hist fol. 6. saith a Law was made by the West Saxons that no Wife of a King should be called a Queen fol. 8. that it was so rigorously observed that when Ethelwolph had married Judith the Beautiful Daughter of the Emperour Charles the Bald in honour of whom in his own Court he ever placed her in a Chair of State with all other Majestical Complements of a Queen contrary to the Law of the West Saxons made to avoid the great Expence of Treasure incident to great Titles and Ceremonies and against other inconveniences and so much displeased his Lords thereby that they were ready to have Deposed him but were prevented by his death not long after Buchanan Rev. Scot. 407. takes notice of this Law and says Saxones lege caverunt ne ulla deinceps Regis Vxor Regina vocaretur aut in sede honoris in publico Regi assideret And 406. mentions the like Law in Scotland Quas Reginas alii suo quisque sermone nos Regum uxores appellamus nec altioris fastigii nomen ullum in iis agnoscimus
voluerunt enim opinor viri prudentes ut illae quoties mentionem sui fieri audirent ex adjuncto viri nomine se viris obnoxias esse meminissent 6. The Statute by Compaigne intended Sociam Thalami non Throni And in the same sense is the word Companion used in Scripture Cant. 1.15 It is said Behold thou art fair my Companion thou art fair And Mal. 2.14 Yet is she thy Companion and the Wife of thy Covenant In both which places the word Companion signifies the Companion of the Bed and not of the Throne Non bene conveniunt nec in una sede morantur Majest as Amor Nulla fides regni sociis omnisque potestas Impatiens consortis erit Of the like false Translation of the Scriptures by the Bishops of the Hebrew words Shegal and Gibhira into the English word Queen Scripture false translated by Bishops in the word Queen Psal 45.9 Is thus falsly translated Vpon thy right hand did stand the Queen in Gold of Ophir Whereas the Hebrew is only Shegal which signifies no more than Conjux or Wife from Shagal Coivit Concubuit and is no more than a Woman that hath been lain with by her Husband In like manner 1 King 15 13. 2 King 10.13 are false translated Queen the Hebrew word being Gibhira which signifies no more in French than Madame as in the Statute nor in Latin than Hera or Domina nor in English than Lady or Mistress And the Antient Hebrews and many other Nations did no more allow the Title of Queen except to a Queen Regnant than as is already said did the Saxons or Scots for Regina is derived à Regendo and is only proper to Gynarchies and imports none but the Supreme Governess of a Kingdom by which Title Queen Elizabeth was called Neither had Saul or David any Queens but onely Wives nor Solomon himself in all his Royalty of his thousand Wives any Queen for 700 are onely called in the Septuagint 1 King 11.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is no more than Feminae Principes in Latine and Chief Women in English And the other 300 which are falsly translated Concubines as I have elsewhere at large shewed are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifie no more in Latine than Juvenculae and in English than the honest name of Young Women Neither was he the Son of a Queen for his Mother wheresoever she is named is onely called plain Bathsheba as 1 King 1.5 And Bathsheba went in unto the King into the Chamber and the King was very old And verse 28. Then King David answered and said call me Bathsheba and she came into the Kings presence and stood before the King And 1 Chron. 3.5 And these were born unto him in Jerusalem Shimeah and Shobah and Nathan and Solomon four of Bathsheba the Daughter of Ammiel That the Bishops have likewise falsly translated all in the Scripture relating to Marriage and Filiation is proved before at full Lib. 2. p. 142. usque ad p. 162. And in other matters as is assirmed by that great Linguist Doctor Broughton Old Testament false translated by Bishops in 848. places The Lady Mother of the Kings Eldest Son was Madame sa Compaigne intended in this Statute they have false translated the Old Testament in no less then 848. places Now that this Lady-Mother was Madame sa Compaigne which are both the words and intention of the Statute is so known as need not be proved by Witnesses For she had the honour to be Primus Amor the first Lady Companion of the Prince the Raies of whose Favour cast upon her made the Lustre of those Graces rarely conjoined in the same person the more illustrious for she was a Virgin and not praepossessed by another She was a Protestant and not a Papist She was a Native and not a Strange Woman She was a Subject and not Imperious In her were conjoined Beauty with Chastity Greatness with Humility Treasure with Frugality Fidelity with Adversity Though she did not reign with him to be called Queen she suffered with him and was partaker of all his troubles no bloudy Wars no Seas no Foreign Countries could fright her from him But as if the Soul of that sacred Queen Eleanor the Companion of the famous Edward I. in his Wars to the Holy Land had transmigrated into her Body she led the Pilgrimage of her life with him whithersoever he travelled and though she had no Crown in her Life she was faithful to Death and beyond Death left him such a pleadge of affection as is hoped by Gods mercy will indear her memory to all Protestants in the three Kingdoms which will evince to all except the Malicious That she was Madame sa Compaigne the Lady his Companion mentioned and intended in this Statute which is sufficient and as much as is necessary to be proved Object 2 Object 2. That she was not married according to the Mass-Book Common-Prayer Book of Canons or Ordinance of Parliament or by a Priest in a Temple therefore the Eldest Son is not within this Statute Answ Marriage by the Common Prayer Book not necessary within the Statute Answ 1. There is neither the word Marriage Mass Book Common-Prayer Book Book of Cannons or Ordinance of Parilament Priest or Temple named in the Statute therefore being not expressed they are not to be intended in so wise a Statute which minded substance and not Ceremonies and Safety of the Royal Blood and not Insecurity and Incertainty 2. Admit the Statute had in express terms said our Lady his Companion married by the Mass-book which was the Book then in Fashion at time of this Statute yet none will deny but when by a succeeding Power this Mass-Book was abolished or changed Marriage by the Common-Drayer-Book not necessary in time of War as in the time of H. 5. the Service Book of Pauls was changed into the Service Book of Salisbury that none need to marry according to it Then as to the Common-Prayer and Book of Cannons at the time of the Princes taking his Lady Companion it is known that both Mass-Book Common Prayer Book Book of Cannons and all were abolished by the then Power of the Sword and it might have been Death for a Prince to have married by a Book of Common-Prayer or in Publick Is any Protestant then so imprudent as to expect in such a time and place of War and the Usurping Power provailing in their contrary Ordinances and threatning death and destruction to all who opposed them that such who were in those dangers should publickly and with Rites and Ceremonies by a Priest Temple and Altar solemnize a Marriage or can any be so sensless as when in the time of King John Pope Innocent Marriage by the Common-Prayer Book not necessary in time of Interdiction Papal or Potentatical the French King and English Bishops conspired together and the Pope Excommunicated and Interdicted the King and whole Kingdom of England for the space
of him as he did his Dutchy of Normandy and do him Homage for it which would add a great Honour to that Crown Then was he be-before-hand with Pope Alexander to make Religion give Reputation to his Pretended Right he promised likewise to hold it of the Apostolick See if he prevailed in his Enterprize whereupon the Pope sent him a Banner of the Church with an Agnus of Gold and one of the hairs of Saint Peter And he likewise by great Promises got his own Brother Odo Bishop of Baieux to furnish him with Forty Ships for his Expedition After William had with great difficulty got the Battel at Hastings wherein King Herold happen'd to be kill'd with an Arrow in his Eye some of his Nobility with all their Power strove to establish Edgar Atheling the next of the Royal Issue in his Right to the Crown but the false Bishops rather bent to let in a Foreign Enemy being fool'd by him with fair Promises than to assist the Native Prince and by their Example drew in the Nobility to trust to his Personal Oath made at his Coronation before the Altar of St. Peter to defend the Holy Church that was the Papist Church and the Rectors and to Govern the Universal People according to the Laws but this Oath and his Promises were as weak to bind him as the single hair of St. Peter he had got from the Pope for as soon as he had Establish'd himself he was not such a Fool to do Homage for England to the French King nor to hold the same of the Apostolick See nor to defend the Bishops and Abbots in their fat Bishopricks and Abbies but as Cambden saith He made such clear work with them that he did not leave one English Ecclesiastick whom he thrust not out of his place and fill'd their Rooms with Erench Sr. Johns And for the English Nobility he drove some to fly to Scotland some to Norway some to Hungary and any other Places where they could be received till in the end he had totally destroyed them and filled their Places with French Contes and to shew himself no partial Dealer with those who would trust his word he spared not his own Brother Odo the Bishop of Baieux but notwithstanding the Forty Ships with which he had Supplied him on promise of better dealing he seized and Confiscated all his Treasure which he had which was very great and hoarded up with an Intention to have bought the Papacy And it is no wonder if mali Corvi malum ovum And he practised the same deceit against themselves and their false Religion had taught him towards others for let a Papist Prince swear never so many Oaths to Papists of his own Religion and break them all the same Religion fits him with Popes enough at his Elbow to Confess and Absolve him instantly or if he doubts his Trencher-Popes cannot do it he can have for Money his Unholiness himself to Absolve him from any Oath Covenant or League with any other Papist Prince whether of Peace or War and how many Examples are there of the same And more easily can he do it with his own Subjects as Dan. Hist fol. 143. King John a Papist King forswore himself to Papist Subjects being Absolved from his Oath by the Pope King John for the Glory of God and Emendation of the Kingdom in Parliament makes Articles of Agreement between him and the Barons wherein are Confirmed all the Laws and Liberties of the Kingdom and Mutual Oaths taken on both sides by the King and Barons in Solemn manner for the Observation of the same Articles The King likewise sends his Letters Patents to all Sheriffs of the Kingdom to cause all Men of what degree soever within their several Shires to Swear to observe the Laws and Liberties thus granted by his Charter There we see a Papist King agrees with Papist Subjects on Oath in the highest manner and both the King and Barons and the whole Body of the People of what degree soever are solemnly Sworn before God And the Laws and Liberties are likewise Confirmed by Act of Parliament But the next News in the History we hear of is He hath some Papist evil Councellors who tell him he was now a King without a Kingdom a Lord without a Dominion and a Subject to his Subjects whereon this Papist King sends to the Pope and by Bribery he Absolves the King from his Oath Nullifies the Act of Parliament and Excommunicates the Lords Now therefore let it be shewn how these Papist Lords being laid in the Pickle of Excommunication and not having Personam standi in Judicio could have done to have bound the Conscience of their Papist King to have performed to them his Contract Covenant League and Oath or let it be no wonder if Protestants are very fearful to have a Successor of such a Religion or if they think that these Lords had not been more happy if they had had a Protestant King or of any Religion which would have bound his Conscience to have kept his Word and much more his Oath to his Subjects The Papist Lords grown Desperate of Right from their English Papist King run into the other Extreme and will Trust themselves to the Oath of a Foreign Papist King seeing their own would not keep his they send therefore over-Sea and go in great haft to Louys the French Kings Son to Sollicit him to take upon him the Crown of England who is their tres humble Serviteur and as ready to Swear to them as they to him A French Oath pretended surer than an English and to make wise to them that a French Oath was surer than an English over therefore he comes to England in Person with as great a Fleet and Army as the Power of France could make on so likely hopes of a Conquest incouraged by so great a Power of the English Barons who call'd them in and joyned with them and being Landed in Kent in May the Lords bring him to London where he takes his Solemn Oath to Restore their Laws and Liberties and recover their right for them King John who had first forsworn himself was notwithstanding in the Field with another Army against King Louys but fell into a Feaver and Died or as some say was poisoned On his Death many of the English Lords hoping to find more Truth in the Son than in the Father returned from Louys to their Native King and suddenly Crowned Henry the Third the eldest Son of King John being then but Nine years old in a great Parliament Assembled at Gloucester 28 Octob. by which Parliament his Tutelage by Reason of his Minority was Committed to the Great Marshal William Earl of Pembrook a Man Eminent both in Courage and Council And it is likewise to be noted That this Henry was begotten by King John of Isabel the Daughter and Heir of Aymer Earl of Angloulesm who was before the Marriage pre-contracted to Hugh le Brun Earl of March
The Mother of Henry the 3d. pre-contracted when King John Married her So if the World had been so much given to slander the Legitimation of the King 's Eldest Son as it is now here had been a greater Exception against the Succession of the Crown to him than can be now in the least shadow pretended for Isabel being pre-contracted to a former Man was a Woman Prohibited by the Law of God to be Contracted or Married by another Man Yet did neither this nor his Minority nor the amazing Danger of a Foreign Enemy Landed assisted by the Native Nobles possessed of the Royal City and entred into the Bowels of the Kingdom Deter this Wise and Noble Parliament for making use of the Coronation of the King 's Eldest Son Coronation of the King 's eldest Son the best remedy against the Barons calling in the French as the best Remedy against it and to Commit his Guardianship to a Person of Courage and Council they Succeeded accordingly for Louys was beaten in a Battel at Lincoln by the Protector and sending back for Recruits into France which were with great Expedition there provided and sent with a Mighty Fleet which Fleet was likewise met and beaten by the English Fleet at Sea and the Army therein Vanquished by God's great Providence which News coming to the Ears of Lovys made him hopeless of any longer Subsistance here with Safety and thereupon makes a Composition for his passage home abjures his Claim to the Kingdom and returns to France But if Louys had prevailed here wi●● Security had the English Nobles had in his French Oath for within a little while after he had taken it he made spoil and plunder of all he could lay hands on Louys a Papist King breaks his French Oath to the Papist Subjects of England Friend or Foe which made many of the English he breaking his Oath to them to think themselves disobliged thereby from the Oath they had given him and to forsake his Party and more would have forsaken him had it not been for shame of Inconstancy and that he had their Hostages in France whom he would have on their Revolt Destroyed And to shew his Intention of perfecting his Perjury to the height if he could have got Power there was a constant Report and generally divulged concerning the Confession of the Viscount Melun a Frenchman who lying at the point of Death touch't with Compunction is said to reveal the Intention and Vow of Louys which was not only to Destroy the English Nobility but if he could the whole Nation Dan. Hist 148. The like Example is of the French Catholick more properly Papist Faith to the Nobility and People of Scotland Buchan Rer. Scot. Lib. 17. p. 156. where appears The French Papists were called into Scotland by the Scotch Papists to assist them against the Protestants there on Mutual Agreement on Oaths between the Papist of both Nations but when the French Army came they spoyl'd alike both Papist and Protestant And the French Garison at Leith destroy all with Fire and Sword as far as they could reach A French Papist King forsworn to the Papist Nobility of Scotland Clades autem Ex vastatione Agrorum non minus ad Papanos sine discrimine Scotorum Nobilitatem Extinguendam esse in corum autem praediis mille Catraphractos Equites Gallos collocari posse reliquam Multitudinem Servorum Loco habendam id Consilium literis ejus ad Gallum interceptis divulgatum mirum quantum Gallorum odium Jam aliis de Causis natum auxit Ambianus autem Episcopus non modo Romane Cause minus aequos sed etiam Gallorum partibus minus quam ipse Censebat aequum addictos in dicta causa agere rapere truci dare jubebat The Devastation of the Countrey about Leith by the French fell no less on the Papist than Protestant Labross advised that the whole Scottish Nobility was without any Difference made to be destroyed and a Thousand French Barbed Horse to be planted on their Estates and the rest of the Multitude to be kept for Slaves which Council his Letters being intercepted wherein he had sent the same to the French King after it was divulged 't is wonderful how it increased the hatred against the French which for other Causes was already sufficiently begun The Bishop of Amiens likewise without over hearing the Cause Commanded not only those who favoured not the Romish Religion but the French Cause as much as he would have them to be pursued taken by Force and Killed Henry the 3d. a Papist King forsworn to Papist Subjects To return again to England we left where King John having broken his Oath to the Nobility and Parliament being dead the same Oath of preserving the Laws and Liberties was again obtained of his Son Henry the Third who in the Barons Wars wanting Money a Tenth is granted him by the Clergy and a Scutage by the Layity of Three Marks of every Knights Fee yet with this Agreement That the often Confirmed Charter of Magna Charta and Charta Forestae should be again Rectified Confirmed and Sworn to and that in the most Solemn and Ceremonial manner as Religion or State could ever devise to do The Solemn manner of giving his Oath by Henry the Third to confirm his Subjects Liberties The King therefore with all the great Nobility of England all the Bishops and Chief Prelats in their Pontificalibus with burning Candles in their hands assemble to hear and pronounce the Terrible Sentence of by-Excommunication against the Infringers of the Charters and at the lighting of one of those Candles the King having received one in his hand gives it to a Prelate who stood by saying It becomes not me who am no Priest to hold this Candle my heart shall be a greater Testimony and withal laid his hand spread on his Breast the whole time the Sentence was Read which was thus pronounced Authoritate Dei Omnipotentis c. which done he caused the Charter of King John his Father granted by his free Consent to be likewise openly Read in the end having thrown away their Candles which lay smoaking on the ground they cryed out So let them who incur this Sentence be extinct and stink in Hell And the King with a loud voice said As God me help I will as I am a Man a Christian a Knight a King Crowned and Anointed inviolably observe all these things And therewithal the Bells rung out and all the people shouted for Joy Dan. Hist 169. but his Oath came to nothing Henry the 3d. secretly Absolved from his Oath to his Subjects by the Pope for he secretly sent to the Pope for his Absolution from them and the Pope for Money by his Apostolick Sentence Absolves the King from his Oath to his Subjects whence insued great Wars and Miseries in the Land Bac. Hist. 86. and though Magna Charta was in his time granted yet he never kept it but
Sons of Zerujah were too hard for her so it was an easie matter for Queen Mary who was a Papist Successor to lose Callice to the French The Possession of Callice once lost could not be again recovered which was done by King Philip's drawing out the Strength of the English Garrison Souldiers in his Wars against other Towns and the neglect of the Queens Council to send Recruits until too late though they had notice of a Seige intended against them The Town of Callice which was first taken by Edward the Third after Eleven Months Siege was esteemed of so high Import that on a Treaty of Marriage by King Edward between his Nephew Richard of Burdeaux and Mary a Daughter of Charles the French King Charles made an offer to King Edward to leave him Fourteen hundred Towns and Three thousand Fortresses in Aquitain upon Condition he would render Callice and all that he held in Picardy But before any thing could be concluded King Edward died And the Lord de Cordes a French Lord would commonly say He would be content to lye in Hell seven years so that Callice were in the French Possession Bak. Hist 240. But it seems since they got it in possession some of them would be content to lie in Hell for ever if Perjury will lay them there so long For there being Anno Dom. 1559. in the First year of the Reign of Queen Elizabeth a Treaty of Peace between her and the French King and Commissioners of both sides to that end appointed and the Commissioners meeting accordingly the Chief point in difference was the Restitution of Callice for which the English Commissioners by the Queens Appointment offered to remit Two Millions of Crowns that by just Accompt were due from France to England At last on much Altercation it was Concluded and Agreed Perjury in the French King in not restoring Callice That Callice should remain in possession of the French for the term of Eight years and those Expired it should be delivered unto the English upon the forfeiture of Five hundred thousand Crowns for which Hostages were given But all this notwithstanding though the Conditions were Sealed and Sworn to and though Hostages were assigned to remain in England till one or other were performed yet all was frustrate and came to nothing Bak. Hist 351. So little Faith is there in the Oath of a Papist Prince And the same Danger will be in the delivering the possessions of Garrisons Forts in England to Papists or Papist Successor though on Conditions Sworn to by them the same difficulty yea impossibility for a Protestant Successor to recover again the Possession of Treasure Arms Offices Religion Liberty Propriety as it is of Life it self when once left to a papist Successor though he take an Oath to preserve all these By which and all former Examples appears That a papist Successor if he happen to be is of great Danger and Mischief to all Lay-papists themselves but totally and inevitably Destructive to all Protestants See other Examples of Perjury by Popes Bishops and Papist Princes before Lib. 2. p. 377. Of the Destruction double to Protestants if the Crown happen to fall to a Papist Successor Female and not prevented as before Destruction double to Protestants in a Papist Successor Female It is before spoken of the Destruction inevitable must follow to Protestants if a Male Papist Successor happen But if a Female happen it must be doubly Destructive for she will Marry a Foreign Papist Prince so the Protestants will be left naked and exposed to the rage and Cruelties both of a Papist and a Foreign Sword Hath not God given us already warning fresh in Memory in the late Examples of Queen Mary of England and Queen Mary of Scotland one of whom Married King Philip of Spain the other was sold by Cardinal Beton and Married to the French Dauphin And did not God even by Miracle though we most unthankfully so soon forget it Catch this Island as a Brand kindled at both ends out of the Fire Protestants barr'd of Succession to Papists by Salique Laws yet are not Papists barr'd to succeed to Protestants and hath he in vain given Sense and Reason and Strength to the Dull Protestants so far to tempt him and provoke his Judgment as to cast it thither again while the busie Papist hath barr'd all his Doors of Succession with his Laws against Hereticks and his Salique Laws to exclude alike both Female and Male Protestants 10. The next Danger is If no Successor should be Declared by the King and Parliament in regard of Foreign Princes 10. Danger of Foreign Princes That Danger is likewise very well expressed in the Statute 25 H. 8. Cap. 22. To have been the cause of great Bloodshed in this Realm and to be one of the Causes why the King desired to declare his Successor by Act of Parliament as appears in these words viz. And sometimes other Foreign Princes and Potentates of sundry Degrees minding rather Dissentions and Discord ot continue in this Realm to the utter Desolation thereof than Charity Equity and Vnity have many times supported wrong Titles whereby they might more easily and facily aspire to the Superiority of the same The continuance and sufferance whereof deeply considered and pondered were too Dangerous and Perillous to be suffered within this Realm any longer and too much contrary to the Vnity Peace and Tranquility of the same being greatly Reproachable and Dishonourable to the whole Realm The not Declaring Edgar Atheling Successor by Act of Parliament in the Life of Edward the Confessor William the Conqueror let in by not Declaring Edgar Atheling Successor let in the Foreign pretence of William the Conqueror which if it had been done 't is probable that never any Norman Invador had dared to have set his foot on English Ground So 't is probable the King of Spain had never been able to have seized on the Crown of Portugal had not the Superstitious Portuguese inslaved their Blood Royal to be Judged by the Papal and Episcopal Laws of Marriage and Succession contrary to the Moral Law of God whereby they left it in the Power of Popes or Bishops if the Spaniard or any other Papist Prince would give or promise them Money to Legitimate or Illegitimate whom they would and sell the Succession to the Kingdom at what rate they pleased Philip the Second of Spain seized the Crown of Portugal by the not Declaring Don Antonio Successor for as appears in that Judicious Author though Anonymus who writes The interest of Princes p. 95. The Case was this Henry the Third Son of Emanuel being according to the Papal Law Heir to the Crown of Portugal was accordingly Crowned Anno Dom. 1578. And being an Old Man without Children sensible of the Disputes would arise after his Death about the Succession erected a Judicature to hear and Determine the several Claims pretending to the same Of
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