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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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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
of his dead Father but his Oath to his Loving Subjects which was his Ruine for his entertainment of French Councels endammaged his English Subjects and his nearest French Relation Isabel his own Queen Persidiously by the help of her Brother the French King raised a Rebellion here of his own Subjects against him which caused him to be Deposed from his Kingdom and shortly after to be Murdered in an hideous manner in Barckly Castle So here are four Kings Great Grandfathor Grandfather Father and Son all Papists all Confirming and Breaking Magna Charta and their Oaths and their Subjects to whom they have broken them have been all Papists Magna Charta no less than Thirty times Sworn or confirmed and forsworn or broken by Papist Kings to Papist Subjects and the same Papist Religion gives no Mutual obligation of an Oath though to Men of the same Religion Yea this Magna Charta of Liberties hath been Thirty times Confirmed by King and Parliament while the Papist Religion lasted which shews the Oath hath been more than Thirty times broken by some or other of their Papist Princes for otherwise it would not need so many new Confirmations and Oaths In the Protestant Religion it is held That once forsworn ever-forlorn In the Papist it appears he is not so thought though Thirty times forsworn but he may still swear and forswear and begin again anew as many times as he will were it not therefore more secure for the Papist himself to Covenant with a Protestant Successor who dares not break his Oath lying under so great a Penalty of Conscience than with a Papist who makes Perjury not to be Penal and whose Religion it self teaches the wicked Doctrine of Lysander that Children ought to be deceived with Promises and Men with Oaths for what Commerce or Humane Society can there be had with those who will keep neither whether they be Kings or Subjects or of what Degree or Religion soever they be 2. Seeing a Papist Successor can be obliged by no Contract or Oath Only two ways of Succession Contract or Conquest therefore he cannot Succeed by Contract And if he Succeed not by Contract then he will Succeed by Conquest for there are but two ways of Succession either by Contract or by Conquest And if he Succeed therefore by Conquest such Power he will say 't is Diis aequa Potestas Deus est Imperator in Coelis and Imperator est Deus in Terris Jure Divino is above all Humane Laws he will therefore be Lawless and no Law shall be but his Will But a Protestant Successor claims only to the Rule according to Laws agreed and assented to by the Subjects themselves by their Representative in Parliament Can any Sober Papist deny it is not better to have his equal Laws than as a Slave to be destroyed at Pleasure by a cruel unjust and lawless Will as they are generally by their Princes in all Catholick Countries Further Examples of the Perfidiousness of Papist Princes to Papist Subjects Henry the Fourth a Papist King forswore himself to papist Subjects HEnry the Fourth was a Papist and a Violent Enemy against the Wicklenite Protestants yet perfidious to his own Papists too as appears Truss Hist fo 73. there are Articles made against him and the first of them is That when he return'd from his Exilement he made Faith only to Challenge and Recover his Inheritance and his Wives and not to intermeddle with the King nor with his Crown by reason of which Oath divers Loyal and good Subjects to King Richard resorted unto him not having any Treasonable intent but after when he saw his Powers so much increased that he might do what he pleased he wickedly brake his Oath and without any Right or colour like Right procured himself to be made and Crowned King Another Article was That no Justice could be expected from his hand because that contrary to the Oath he had taken when he was Crowned he had by Letters sent into sundry Shires thereby procured certain Burgesses of the Parliament Knights of the Shire to be Chosen whom he knew would not fail to serve his turn as occasion should be offered Here we see is a Papist King and Papist Subjects and he takes an Oath to them concerning the greatest Liberty the Subjects can enjoy which is the free Election of their Representative in Parliament yet this Papist King breaks this very Oath not only to his Papist Subjects but to that very party who were of his own party and Crowned him Richard Duke of York a papist Subject forswore himself to Henry the Sixth a papist King Henry the Sixth and Richard Duke of York were both Papists and the Duke of York took his Oath of Allegiance to King Henry After taking King Henry Prisoner He Calleth a Parliament in the King's Name by which Parliament terrified by the Duke's Sword it was agreed and Enacted That Henry during his Life should retain the Name and Honour of a King and that the Duke of York should be proclaimed Heir Apparent to the Crown and Protector to the King's Person his Land Dominions and Countrey And that if at any time King Henry's Friends Allies Favourites in his behalf should attempt the Disanulling this Act that then the Duke should have present possession of the Crown No sooner was the Parliament Dissolved but the Duke by vertue of his Protectorship esteeming himself a King in Office and Power though not in Name dispatcheth Letters to the Queen the Duke of Somerset Exceter and other Nobility who were then in Scotland with all speed to repair to his presence at London they knowing their own Security lay only in keeping out of his Power marched towards him but Guarded with an Army of Eighteen thousand Men and met him at Wakefield who had there but a small Army of Five thousand to oppose them on whose Valour notwithstanding the Duke relying and though advised by his Council to forbear Fight till his Son the Earl of March could bring up his Forces to joyn with him yet the Pride of his former Victori●s make him deaf to good Advice and therefore rashly joyned 〈◊〉 whereby he hasten'd his own Destiny and was Slain on the place with Three thousand of his Men after which Overthrow of the Father his Son the Earl of March and his Confederates having overthrown the Queens Army at the Battel of Mortimor's Cross and fought the Battel of St. Albans and the Earl of Warwick's Forces joyned with him is proclaimed King but before he could be Crowned he was forced to Fight again with another Army which King Henry had raised in the North which Battel continued doubtful with eager Resolution on both Sides the space of Ten hours whereby there were above Six and thirty thousand Men Slain Bak. Hist 203. But in the end the Day fell to Edward and the King flying to Barwick and her Son to France Edward is Crowned King but after Disobliging
were since called Harlots from her name Arlotte yet we find no proof of any Inchastity in her only she could Dance Ala mede de France and if they can prove she was Guilty of any worse and were an Harlot it only makes the President the stronger that the Law and Custom at that time and Countrey was that the Duke's eldest Son though by a Woman taken without any Ceremony of a Priest or Temple ought after the Death of the Duke succeed to the Dukedom neither was this way any other Law or Custom than what is already shewn to have been amongst the Princes of the Hebrews Greeks Romans and all other Nations not inslaved by Superstition to receive the Forms of Marriage and acknowledge the Supreme Jurisdiction of them to be in the Bishop of Rome or their own Prelates or Pontiffs by which Examples it appears That by the Brittish Scottish and Norman Laws the eldest Sons of Kings by Women not Prohibited to be Married by the Law of God though not Joyned by a Priest in a Temple or any other Episcopal Ceremony yet by Right of Primogeniture they succeeded in the Governments of their Fathers Dominions It will be asked how then came the ancient Law of God and the Land to be changed concerning these matters of Marriage Filiation and Succession and the Jurisdiction to be got or pretended to be in Episcopal hands to Judge and Dispose of Marriage Filiation and Successions both to the Crown and Lay-Inheritances according to Canonical Laws and not the Laws of God nor the Land To which is answered Hugh Capet an Usurper of the French Crown to curry favour with the Pope first disinherited natural Children That as to Normandy and other the English Dominions after acquired in France as Bodin says fol. 741. Hugh Capet was the first that made a Law in France That natural Sons that is to say such whose Parents were not Married by the Popish Ceremonies of a Priest in a Temple should not be Heirs nor succeed to the Kingdom And at last strain'd his Law to that Degree of unnatural Cruelty and Folly that it was Enacted That natural Children should not be accounted natural Children which Nonsence in that time of Popery was not only followed by the French but imitated to get Money by the English and Scotish Ecclesiastical and Common Lawyers who as hath been already shewn would not admit natural Children to be Sib Kin of Consanguinity nor Children to the Father who begot or the Mother who bare them as if it had been in the Power of Hugh Capet and them to overthrow or change the Laws of God and Nature Prohibition of Marriage Sans Ceremony a French Toy to disinherit all Protestant Children So likewise by a French Decree as saith Everard p. 24. All Children born in Marriages not Blessed by a Romish Priest are made incapable to succeed to the goods of Father or Mother the Law of Capet was plotted by the French Bishops to get themselves Supremacy of disposing the French Crown which foundation of Power they commonly got from Usurpers to the intent that by their Ecclesiastical pretence of Authority they might protect a false Title and disinherit the true Heirs of the Blood Heylin in his Geography p. 186. saith That Popes strengthen themselves by unlawful Marriages of Princes and not by lawful and p. 101. Popes strengthen themselves by unlawful Marriages and Successions of Princes and not by lawful That Hugh Capet being a Prince of a strange Blood was hoys●d up by the People to the Prejudice of Charles of Lorrain the true Heir of France as Brother to Lotherius and Uncle to Lodovicus the last King of the Line of Pepin And p. 129. he saith The occasion why Capet was chosen and Charles of Lorain refused was this Charles Son to Lewis the Fourth King of France being left to the courtesie of his Brother and by him not regarded was by Otho the Emperor invested in the Dutchy of Lorain Anno 984. which containeth one Marquisate five Earldoms and divers Baronies The eldest Son likewise of Lorain is intitled Prince of Barry for which cause that he received Lorain from the Emperor Charles shewed himself so alienated from the French and wedded to the Germans that the French after the Death of his Cousin Lewis the First rejected him and chose Hugh Capet for their King This Charles had one Son named Otho and one Daughter called Hermingrade from her descended Isabel Wife to Phillip the Second uniting the Bloods of Pepin and Capet to the great content of her Grandchild St. Lewis who being a Man of a very tender Conscience is said never to have Joyed in the Crown of France till it was proved that by the Mothers side he was the right Heir of Charles of Lorain whom Hugh Capet had so unjustly dispossessed French and Popish Laws of Marriage seek to destroy all English Heirs and the Protestant Religion So it appears this French Law against Natural Sons was made to disinherit the true Heirs of the Royal Blood of France and to inherit the Certificate Heirs of the French Bishops and the other French Law mentioned against all Succession of the Children whose Parents at their Marriage received not the Benediction of a Romish Priest was made on Design to disinherit all Protestant Children The Law of Theodora against Natural Heirs was to Disinherit the true and Inherit adulterous Heirs The Law of Trent nulling all Marriages without a Priest and Witnesses was to set to Sale Community of Women to raise Rents out of Stews to lay a Tribute on Marriage and inslave the Successions of Kingdoms and private Patrimonies to the will of Popes and Bishops Are there any Degenerous English so much Frenchified as will impose French Laws of Succession on the English Crown Capet's Law not to be compared with the Law of Edw. the 3d. Shall Hugh Capet's Laws dare to contend with this Law of Edward the Third who beat and Conquered the greatest Navies and Armies of France and in tryal by Battel at Cressey proved his Right better to the Title of King of France than the Heir of Capet his and had the same Heir of Capet taken Prisoner in Battel by the Black Prince the Heir of this Statute Are there any so false Protestants as to introduce such Popish Laws as disinherit all Protestant Children Are there any so prophane Christians as will prefer the Ceremonial Laws of Men above the Moral Laws of God It hath been shewn thus far by the Examples of so many Kings of this Island of Great Britain that their Legitimation and Succession thereby to the Crown were by the Moral Law of God and not by the Ceremonial Laws of Romish or Brittish Bishops and none dared in Great Britain though they did in France assume the Supremacy of Ecclesiastical Jurisdiction above the Royal and Parliamentary in Declaring the Successors of the Crown or if they did they were overthrown in like manner may