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land_n heir_n john_n son_n 6,523 5 5.1527 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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King Robert the Second with the Advice and Consent of the whole Three Estates That the Sons then born to the King by his first and second Wives and their Heirs should in order succeed to the King in manner after specified That is to say that his eldest Son by the first Marriage John Earl of Carrick should immediately succeed as had been already declar'd in the preceding Parliament and after him his Heirs And in case he dy'd without Issue that his Brother Robert Earl of Monteith the King 's second Son of that Marriage should succeed and his Heirs Which failing that Alexander Earl of Badenoch the King 's third Son of that Bed and his Heirs should inherit the Crown And in case that fail'd that David Earl of Strathern the King 's fourth Son by his second Wife and his Heirs should succeed And that failing that Walter the King 's fifth Son by the said second Wife and his Heirs should inherit the Crown And if it should happen that the said five Sons and their Issue should fail that then the next in Blood of the Royal Line should succeed Which Act all the Three Estates did for themselves and their Heirs for ever solemnly swear to observe as is more at large to be seen in the Original it self And if the pretended Defect be true it was a very palpable and a very undeniable one and could not but have been unanswerably known to the whole Nation And how can we imagine that the whole Parliament would have unanimously drawn upon themselves so dreadful a Perjury by excluding the lawful Heir against their National Oath in the Reign of King Kenneth the third whereby they swore to own always the immediate Heir or that they would have entail'd upon themselves a Civil War by preferring even a questionable Heir after the Miseries which they had lately then felt in the Competition betwixt the Bruce and the Baliol amongst which Seals the Seal of James Earl of Dowglas is one and how ridiculous is it to think that he would sit and declare a Bastard preferable to the Brother of his own Lady and to his own Lady who would have succeeded if her Brothers had died without Succession Which Act of Parliament does also clearly prove that Buchanan did not at all understand matters of Fact in this part of the History for he asserts that after the death of Euphan Ross the King married Elizabeth Muir and did by Act of Parliament obtain the Crown to be setled upon Robert the third Son to the said Elizabeth Muir upon whom he also bestow'd the Title of Carrick all which is most false for this Act of Parliament is dated in Anno 1371. and King Robert the second succeeded to the Crown that year nor did Euphan Ross die till the third year after he succeeded to the Crown and so not till the year 1374. and yet in Anno 1371. this Act is past designing him Heir to the Crown and Earl of Carrick and consequently he was so design'd before the death of Euphan Ross 5. I have seen a Charter granted by King Robert the 2 d when he was only Steward of Scotland in anno 1365 and so long before he was King In which Charter likewise John thereafter King by the name of Robert the 3 d is a conjunct Disponer with him under the express designation of the eldest Son and Heir Robertus Senescallus Scotiae Comes de Strathern Joannes Senescallus primogenitus haeres ipsius Dominus Baroniae de Kyle c. which Charter confirms to the Abbacy of Pasley several Lands disponed to them by Reginaldus More Father to Sir William More of Abercorn And I find that David Duke of Rothsay was alwayes in the Charters granted by his Father King Robert the first called Primogenitus and he was no Bastard nor can this designation be given to a Bastard as is clear by Covaruvias de Matrim part 2. cap. 8. § 2. num 4. But how can it be imagined that the Monks of Pasley would have taken a Right from a person as Heir to the Crown who was not for this would have infer'd Treason against them beside the annulling their Right or who could understand better the lawfulness of a Marriage than a body of Church-men living in the time and very near to the Residence of the married Persons and in whose Conventual-Church the said King Robert and Elizabeth Muir lie buried together Item I have seen in the Registers another Charter granted by King Robert the 2d in the first year of his Reign with the consent of John Earl of Carrick primogenitus haeres Allano de Lavidia terrarum de Whitslet And another granted by the said King 1. June anno primo regni confirming to Paulo Metire a Charter granted by the Earl of Ross Father to Euphan wherein the said John primogenitus haeres is a Witness And to shew that the said Euphan Ross was then living when he was so design'd Heir there is a Charter to her by the King upon the very same day of the Lands of Lochleaven As also there is a Charter granted by King Robert the 2 d the first year of his Reign to Alexander his Son and another to John Kennedy of the Barony of Dalrymole in both which the said John Earl of Carrick is call'd Primogenitus and is Witness with the Earl of Dowglas so that he has been design'd eldest Son and Heir openly uncontrovertedly and in all Papers and with the consent of the second Wife and her Relations 6. In the Parliament 1372. the said John Earl of Carrick is design'd to be Lieutenant of the Kingdom and all the Estates of Parliament swear to own him in his Government and which Statute is printed amongst the Statutes of King Robert the second Father to the said John and which must be during the Marriage with Euphan Ross for she liv'd three years after her Husband was King and he succeeded to the Crown Anno 1371. And this also confutes Buchanan who asserts that he was created Earl of Carrick after the death of Euphan Ross and it is against all sense and reason to think that he could have been acknowledg'd during her life if he had not been the true apparent Heir of the Crown and a lawful Son I have also seen in Fordon's History lib. 14. pag. 73. a Charter granted by King David to the Bishops with the consent of Robert his Nephew and his Sons giving power to the Bishops to dispose in Testament upon their own Moveables which before that time did by a corrupt custom fall to the King in which Charter the Witnesses are Robertus Senescallus Comes de Strathern Nepos noster Joannes Senescallus Comes de Carrict filius suus primogenitus haeres Thomas Comes de Mar Georgius de Dunbar Comes de March Gulielmus Comes de Dowglass so that here is not only the attestation of the Father before he was King naming John Earl of Carrick