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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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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
truth in what the Flatterers of Kenneth boast that by this means the Govetousness and Slaughters of Kindred are avoided Neither are the Treacheries of Guardians less to be feared to the Children of Kings left in Minority than of their Kindred wherefore now the Tyrant being fallen who Ravished our Liberty let us valiantly resume the same and his Law Enacted by force and assented to by fear if it be a Law and not rather a selling us for Slaves let us abrogate and repeal the same and Restore again our Ancient Fundamental Laws which brought forth this Kingdom of nothing and from so small beginnings not only advanced to such an height as is inferiour to none of our Neighbours but when cast down hath again raised the same to its former Strength and let us imbrace the present opportunity while it offers it self which if once Elapsed we may in vain seek again The People are by this perswaded and the Twelfth day after the Funeral of Kenneth he is chosen King Anno Domini 994. And was after Slain in Battel in the Town of Vaumond in Louthian in the Second Year of his Reign And though Milcolumbus or Malcolm the second Son of Kenneth the Third who was so tormented in Conscience for Poysoning the first Son of his Brother Duffus to get an Act to Intayl the Grown to his own Posterity made no Conscience to kill Grinius another Son of the same Duffus in Battel Malcolm Son of Kenneth revives and confirms the Law making the Kingdom hereditary and having by the Success gotten the Power of the Sword into his hand in the Same manner as his Father Kenneth had by force Enacted again by force confirmed at the Same Scone by Parliament the Act of Intayl of the Crown to the Issue of Kenneth Buchanan 196. Yet doth Buchanan the same Historian p. 200 201 censure this Act of changing the Ancient Law of Election by Parliament of the Brother or any other person more fit than the Son to be Injust Imprudent and Infortunate Objections against the Reviver 1. Injust 1. Injustice Because he saith Italex enervat vires consilij publici sine quo nullus Legitimus dominatus potest consistere Such a Law enervates the Strength of Parliaments without which no Lawful Government can be for all Government is either by Conquest or Contract As to Conquest there is none demanded or acknowledged on Such a Title As to Contract there can be none without a Parliament who are the Representative of the People to contract for them 2. Imprudent ● Imprudence Because Propinquorum in eos qui Regno potiuntur insidias et Regnantium adversus eos quos et natura et lex voluit ●●ique esse Charissimos suspitiones nesarias quas narrationis or do Exphrabit tot priorum Seci●●orum clades cum illis collatae calamitatibus quae Alexandri tertij interitum sunt consecutae Leves prae ijs tolerabiles videri possunt The Treacheries of Kindred against those who enjoy the Kingdom and the wicked Suspitions of those who Reign against them who by the Bonds of Nature and Law they ought to esteem most dear as this discourse in order shall declare And the Slaughters of so many former Ages compared with the Calamities which hereby followed the death of Alexander the Third were light and tolerable Note Alexander the Third began his Reign Anno Domini 1649. he Married first Margaret Daughter to Henry the Third King of England by whom he had Alexander the Prince David and Margaret who married Hangonamus or as some call him Ericus Son to Magnus 4th King of Norway who bare him a Daughter commonly called the Maiden of Norway The Maiden of Norway had United England and Scotland if she had lived Skene And concerning this Lady of Norway saith Buchanan Lib. 8. p. 241. Edvardus Anglorum Rex gnarus suae sororis neptem Regis Norvegiae filiam unam Ex Alexandri posteris esse superstitem Eandemque Regni Scotorum Legitimam Heredem Legatos ad eam deposcendam filio suo in Scotiam misit c. Edward the First King of England knowing his Neice the Daughter of the King of Norway to be the only Remaining Issue of Alexander the Third and Lawful Heir to the Crown of Scotland he sent his Ambassadours into Scotland to ask her in Marriage for his Son They when they Argued much in the Publique Gonvention of the Publique Benefit which would ensue such Marriage they found the Minds of the Scots not Dis-inclined from that affinity for Edward was a man of great Courage and of great Power and Ambition of greater And the glory of his Valour in the Holy Warr while his Father was alive and in Subduing Wales after his death shone bright Neither could they ever Remember the Scotish and English name to have been nearer Conjoyned than under the Last Kings Neither could old Hostility be more Commodiously abolished then if there were an Union made of both Nations upon Honest and Equal Conditions The Marriage was therefore Readily Assented unto and Conditions added by Mutual assent of both That the Scots should so long use their own Laws and Magistrates till such Children should be born of the same as were able to Reign And if none should happen to be procreated or being born should dye before their Lawful age Then the Kingdom of Scotland should go to the next of the Blood-Royal Things being thus Agreed Michael or as others mention Daevid Wemes and Michael Scot two Knights of Fife of great Repute for their Prudence with their Country in those Times were sent Embassadors to Norway but they because Margaret for that was the Young Ladies Name dyed before their Arrival returned home sad and nothing done by whose immature death there arose such Controversie as vehemently shook England and almost destroyed the Name of the Scots For to go on with the History as he and other Writers Relate it not withstanding this new Act of Intayling the Crown Ten Competitors arose to the Crown of Scotland notwithstanding the Act of Reviver making the same hereditary there arose Ten Competitors for the Succession Erick King of Norway Florence Earl of Holland Robert Bruce Earl of Anandale John de Baliol Lord of Galloway John de Hastings Lord of Abergaveny John Cumyn Lord of Badenair Patrick de Dunbar Earl of March John de Vesey Nicholas de Hues William de Ross All or the most part of them alledging themselves descended from David Earl of Huntingdon Younger Brother to William King of Scots and Great Uncle to the late King Alexander But the Principal and most Potent Factions which contended were that of Balyol and Bruce On which saith Sir Richard Baker Hist 96. broke out the Mortal Dissention between the Two Nations which consumed more Christian Blood and continued longer And the Wars between the Factions of Baliol and Bruce then any Quarrel we read of ever did between any Two People in the
the place of their wicked and Cruel Execution where scarce allowing him time to pray the Trumpet sounding he was tied to the Stake and the Fire kindled The Captain of the Castle for the love he had to Mr. Wischard drew so near the Fire to incourage him that he was hurt by the Flame To whom Mr. Wischard answered The fire Torments my Body but no way abates my Spirit And then looking towards the Cardinal said He who in such state from that High place feedeth his eyes with my Torments within few Days shall be Hanged out at the same Window to be seen with as much Ignominy as he now leaneth there in Pride Then with this the Executioner drawing the Cord about his Neck strangled him and presently after the Fire being very great he was consumed to Ashes Wherein contrary to the Custom of Scotland Mr. Wischard Burnt alive contrary to the Custom of Scotland who use not to Burn alive but Strangle first and Burn after when Dead they extended the Cruelty of that Execution to two Deaths Burning and Strangling This was the Mercy of the Cardinal and Bishops But Blood cries for Blood And as Buchanan goes on p. 540. Hac Sacerdotum supra modum Luxuriante Victoria non promiscuum modo Vulgus sed plaerique genere opibus illustres magis irritati quam fracti rem cò sua segnitie rediisse indignabantur ut praeceps aliquid cum periculo esset audendum aut omne cum Ignominia foret patiendum Jam etiam pluribus apertiùs Erumpentibus vi doloris querelis de Cardinale tollendo coire ad Libertatem recuperandam aut vitam projiciendam hortari Quam enim spem dignitatis reliquam fore sub arrogantissimo Sacrisiculo Eodemque Tyranno Saevissimoque bello adversus deum hominesque suscepto non inimicis modo id est qui aut rem haberent aut pietatem colerent sed quocunque esset leviter offensus eum velut pecus exhara suae libidini mactaret Quin publicè Bellum civile Externum alat privatim meretricum amores Nuptiis copulet nuptias Legitimas pro arbitrio Dirimat Domi cum scortis volutetur foris in Caede innoxiorum sanguine debaccaretur In this so over Luxuriant Victory of the Prelates not only the promiscuous Vulgar but many Illustrious in Nobility and Wealth more irritated than discouraged began to disdain Affairs should run to that pass by their sloath that either something must be desperately dared head-long or they must Ignominiously suffer all that should be laid upon them Now also many their Complaints by Violence of their Griefs more openly breaking out concerning taking away of the Cardinal met together and exhorted one another either to recover their Liberty or lose their Lives For what hope of Esteem could they ever have under a most Proud Priest and Cruel Tyrant who fighting both against God and Men drew not only his Enemies whom he accounted all that were Rich or Religious or any other who in the least manner displeased him as Beasts from a Stye to be Sacrificed to his Lust who when he pleased raised publickly both Foreign and Civil Wars privately Coupled Whores in Matrimony and what was Lawful Marriage destroyed at pleasure at home wallowed amongst Whores and abroad in the Blood of Innocents Norman Lesly the Son of the Earl of Rothes having had a Quarrel with the Cardinal concerning a Promise which the Cardinal had made and broke to him resolved to be revenged and entred into Confederacy with others to effect the same and to that Intent to prevent all Suspition rid himself with only Five Companions to St. Andrews and lay at his usual Inn there were only Ten more in the Town of the same Confederacy who waited only for Notice from Norman when they should joyn in the Attempt intended with so small a Company being in all but Sixteen in a Town full of the Cardinals Creatures did he dare do such an Exploit as follows and though many purposes were devised how the wicked Cardinal might have been taken away yet all failed but this The Cardinal with mighty Diligence fortified his Castle and imployed many Workmen therein The Surprizal of Cardinal Beton's Castle on Saturday Morning the 29th of May the Days in that Country being very long Norman Lesly John Lesly William Kirkaldies and others were in sundry Companies in the Abby Church-yard not far distant from the Castle when the Gates being open and the Draw-bridge let down to receive Lyme-stones and other things necessary for Building William Kircaley with Six Persons getting entry kept talk with the Porter and asked if my Lord Cardinal were stirring who answered No which was true enough for he had been busie with Mrs. Marion Ogleby that Night who was espyed to depart from him by a Privy Postern that Morning which made the Cardinal sleep the longer While William and the Porter talked and his Servants looked to the work and workmen Norman Lesly came in with his Company and immediately came John Lesly somewhat rudely and four Persons with him the Porter fearing would have Drawn the Bridge but the said John being thereon staid it and kept in And while the Porter made him for Defence his Head was broken the Keys taken from him and he cast into the Ditch and so that place was seized The shout riseth the Workmen to the Number of more than an Hundred ran off the Walls and were without hurt put forth at the Wicket The first thing that was done William Kircaldy took the Guard of the Privy Postern fearing lest the Fox should have escaped then went the rest to the Gentleman's Chambers and without violence done to any Man put Fifty Persons more out at the Gate The Number which did all this was but Sixteen Persons The Cardinal waken'd with the shouts asked from his Window what meant that noise It is answered That Norman Lesly had taken his Castle which understood he ran to the Postern but perceiving the Passage to be kept without he returned quickly to his Chamber took his two-handed Sword and caused his Chamberlain to cast Chests and other Impediments to the Door In the mean time comes John Lesly to it and bids open but the Cardinal requiring first Conditions before he would open and the Door being very strong John Lesly cryed Fire Fire at which Call was brought to him a Chimney full of burning Coals which being perceived the Cardinal or the Chamberlain opened the Door it is incertain and they without thereon rushing in the Cardinal sate down in a Chair and cried I am a Priest I am a Priest you will not slay me Cardinal Beton killed in revenge of Mr. Wischard Then the said John Lesly according to former Vows he had made strook first once or twice and so did Peter but James Melvin perceiving them both in Choler withdrew them and said This work and Judgment of God although it be secret it ought to be
done with greater gravity And presenting unto him the point of the Sword said Repent thee of thy former wicked Life but especially of the shedding of blood of that notable Instrument of God Mr. George Wischard which albeit the fire Consumed before Men cryes for Vengeance before God on thee And we from God are sent to revenge him for here before God I Protest That neither hatred of thy Person nor love of thy Riches nor the fear of any Trouble thou couldst have done me in particular moved or moveth me to strike thee but only because thou hast been an obstinate Enemy of Jesus Christ his Holy Gospel and so he struck him twice or thrice through with a Stog-Sword and so he fell and never a word heard out of his mouth but I am a Priest fie fie all is gone While they were busied with the Cardinal the Fray rose in the Town the Provost Assembles the Commonalty and comes to the House side crying What have you done with my Lord Cardinal Where is my Lord Gardinal Have you slain my Lord Cardinal They were first answered gently Best it were for you to return to your own Houses for the man you call the Cardinal hath received his Reward and will trouble the World no more But then more inragedly they cry We shall never depart till we see him on which Shewed dead from the place whence he had proudly viewed the burning of Mr. Wischard his Body is shewn dead over the Wall from the place whence he had so proudly fed his Eyes with the burning of Mr. Wischard So hear appears to the full the sad Story of a Pious Protestant Minister betrayed by breach of the Faith of a perfidious Papist to be miserably Burnt and the Judgment of God on him who betrayed and Burnt him And can any Protestant Minister who is so truly in Heart as well as in Name whoever reads the Persecutions under Emperors and the Perfidious Murders by Popes and Papist Princes give Faith again to a Papist Successor Of the Cruelties of Popish Prelates against Protestants It would amaze the most barbarous Nations in the World should they but hear of the Cruelties of Papist Priests towards Protestants yea those Indian and American Nations themselves who are immediatly governed by Apparitions or Oracles of the Devil or Pontifical Magicians inspired by him for we do not hear in History that they burn alive any for difference in Religion or difference in Conscience from themselves nor put them to such Racks or Tortures or to double Deaths of Strangling and Burning or Strangling and Disemboweling for the very Mexican Priests They think one Death not sufficient unless it be double so abhorred for their Butcheries of Sacrificing their Enemies to the Sun do only speedily cut open their Breasts and neither Strangle nor Dismember them The Persians in the height of their Empire though in High Treason did only Strangle and neither Burn Disembowel nor Dismember as appears in the Example mentioned Hist Cap. 2.21 In those days when Mordecai sat in the King's Gate Two of the King's Chamberlains Bigthan and Teresh of those who kept the Door were wroth and sought to lay Hands on the King Ahasuerus and the thing was known to Mordecai who told it to Esther the Queen and Esther certified the King thereof in Mordecai's Name and when Inquisition was made of the matter it was found out therefore they were both Hanged on a Tree Et Cap. 7.10 Haman was Hanged on his own Gallows So the Turk Strangles Offendors so did the Jew but neither Jew Mahometan or Pagan Strangle and Burn or Strangle and Disembowel or Strangle and Dismember or lay two kinds of Deaths on the same Person at the same time but those were Inventions of Papist Priests though to the Dishonour of the Protestant Religion in some of them their Example is too much followed so that Papist Priests against Religion are worse than the Jew Mahometan Pagan yea than the very Indians and Americans the Devil himself for though it may be doubted whether he exceed them in good Nature Truth and Honesty yet 't is clear he doth in Wit not to draw the Infamy of so much Cruelty and Perjury on his Kingdom as they do on theirs Sir John Oldcastle Lord Cobham was Cruelly Burnt by the Papist Prelats In the Time of Henry the Fifth Sir John Oldcastle Lord Cobham was censured by the Bishops at a Synod in London for maintaining of Wickliff's Doctrine which was the Protestant Religion and after in a Synod at Rochester was by the Arch-Bishop of Canterbury pronounced to be an Heretick and the same Arch-Bishop then Enacted by Decree That the Scripture should not be Translated into English But some mark it as a Judgment of God upon him That his Tongue both the Root and Blade swelled so big that he could not long speak the English Tongue with it for the swelling hindred him from swallowing his meat whereby he was at last starved and miserably died In the mean time Sir John Oldcastle Lord Cobham presents his Belief to the King himself in Writing who being then a Papist and ruled by the Bishops they supplying him with great Sums of Money refused it and suffered him to be Condemned for an Heretick and Committed to the Tower of London whence making an Escape The King promised a Thousand Marks to any that should bring him But the Protestant Doctrine of Wickliff was then so much favour'd by the People that he continued 4 years after undiscovered till at length being taken on the Borders of Wales he was brought to London where he was Drawn from the Tower to St. Giles's Fields The Prelates thought Phalaris Brazen Bull not sufficient Torment for a poor Protestant Mrs. Anne Askew first rackt tortur'd and her bones distorted and then Burnt and there Hanged in a Chain by the Middle and afterwards Consumed by Fire the Gallows and all Bak. Hist 177. Another of the Followers of Wickliff was Burnt by the Bishop's Sentence in Smithfield in an Iron Pipe or Butt They thought Phalaris Brazen Bull not Torment enough for a poor Protestant Mrs. Anne Askew a Protestant in the time of H. 8. was Condemned by the Bishops see herein the Romish Episcopal Mercy they caused her one of that weak Sex twice to be so miserably Rackt and Tortured that her Bones thereby was so disjoynted that she was not able to go to the place of Execution in Smithfield whither they had Condemned her but they carried her thither in a Chair and set her to the Stake and cruelly Burnt her Neither doth the Cruelty of these Monsters spare the Innocent Babes any more than the Mothers A Babe Burnt with the Mother The Acts and Monuments relate of a poor Protestant Woman great with Child whom the Bishop had Condemned to be Burnt for an Heretick and whilst she was Burning in the violent Flames the Child miraculously sprang from her beyond the Fire and might
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
can only be understood where there is a Necessity and no Remedy But where God is pleased to offer a just King and a just Parliament to Judge equally there is no Necessity of using any unjust means though to obtain Right 3. If a Prince buy not with ready Money or Donatives given in Possession but oblige himself in future Promises if he obtain the Kingdom the Mercenaries are so many who will expect to be promised and their Nature so unsatiable That no Prince can be so rich who is to obtain nor can any Kingdom be so rich when it is obtained as to be able to satisfie a small part of them and who fail of their Expectation turn Enemies As Rich. 3. promised the Duke of Buckingham if he obtained the Kingdom very great Rewards but after he was King failed to perform the same the Duke of Buckingham became his Mortal Enemy and King Richard paid his Promises by cutting him off for Treason when he had first ruined Richard by laying the Plot for Henry the Seventh 4. If the Kingdoms are left exposed to Sale a Papist Successor will be richer than a Protestant and so carry it by Money though not by Right Impoverisheth the Prince 5. It impoverisheth and weakens the Prince and his Posterity So the German Emperors have impoverished and weakened themselves by giving away so many Royalties to 7 Electors to buy them in Elections That the Electors are greater than they The Mischiefs as to the People are Mischiefs of buying Crowns to the Subject 1. The Sale of the Successions of the Three Kingdoms and buying of them Destroys all Religion and Justice among the People for your Kingdom-Sellers usually receive a great share of their Money out of the Power they Contract to have of the Sale of all Publick Offices of Gain both Ecclesiastical and Temporal If therefore Bishops and other Ecclesiastical Persons buy their Offices they will neither Form nor Preach any Divinity but for Gain If Temporal Judges or other Judicial or Ministerial Officers buy their Offices those who buy will sell and take Bribes and none shall have Justice unless he buys In Turky all the great Officers buy their Places of the Grand Seignior whereby they run themselves into great Debts which they rake out again of the poor People by all manner of Rapine and Oppression And though the fame is of the Great Turk's great Severity on the Bribery of Judges yet no Courts in the World are more corrupt for that Vice than they For what colour can the Emperor have to punish those Thieves to whom he himself is accessary by selling their Licences to Rob at so dear a rate as he usually puts them to buy and will afterward take the whole spoil if it grow to any bulk 2. The Exchequer will be ingaged under unsupportable Debts and charged with Pensions to a Multitude of Pretended Claimants of Promises which will totally exhaust the Publick Treasure load the People with insupportable Burdens and Taxes and destroy all the Military Defence of the Kingdoms by Sea and Land for want of Pay 3. Kingdom-Sellers will usually have Commissions to take all Penalties on the Penal Statutes to Dispense and Pardon Offences against those Statutes and to Pardon or make Composition for the Penalties which Penal Statutes concerning both Religion Justice Trade Military Affairs and the whole Policy of the Kingdom will be totally subverted by Money by such said Kingdom-Sellers It Exposes the Kingdom to Conquest 16. Danger of exposing this Kingdom to Conquest For if a Successor is not declared by King and Parliament a Multitude of Competitors may arise and having no Judge of greater Power than themselves do try their right by Battel and Civil Wars wherein he who Joyns will declare himself a Conqueror from which these two Mischiefs will arise 1. There cannot be a free Parliament for the Sword will awe and over-power the Elections both of Burgesses and Knights and when they come to sit the greatest part of the Members will be Military Officers The Conqueror will grant no Law except for Money and the Army will have a Negative Vote on the Parliament 2. All the Nation especially the Rich and Noble which happen to be of the side that is Vanquished whether right or wrong will be either Fined or Confiscated and many of their lives taken by their own Brethren of the same Religion and Nation and therefore it most concerns the Nobles and not the Poor to prevent Civil War as is visible in all the Victories obtained between the Houses of York and Lancaster wherein both Princes and Nobles destroyed one another and set up their Heads upon Poles by turns And it was the usual saying of Edward the Fourth in all the Battels he fought Kill the Nobles but save the People Some further Examples of declaring Successors by Parliament Some further Examples of declaring Successors follow besides what before mentioned To this purpose of declaring a Successor by Parliament Grot. de Jur. Bel. Pac. 111. says Sic Euphaes Rex Messeniis permisit dispicere quem ex Regali Aepitidarum genere Regnaret Et de Xerxis Artabarzanis Controversia Populus Cognovit Et 179 sive in conventu ordinum ut factum in Anglia Scotia teste Cambdeno sive per Delegatos ad id Negotium ut factum in Aragonia teste Mariana lib. 20. So King Euphaes permitted the Messenians to consider who ought to Reign of the Royal race of Epitidae And the People of Persia had Conusans of the Controversie between Xerxes and Artabarzanes Or the same is determined in Parliament as Cambden testifies is done in England and Scotland or by Delegates of the People as Mariana testifies lib. 20. was done in Aragon So King Edward the Third the Wise Author of this great Statute whereon this Discourse hath proceeded to prevent Civil Wars on any doubt arising on Succession to the Crown not only declared his eldest Son by this Statute but likewise he happening to Die in his Father's Life-time caused to prevent all farther Scruples his Grandchild Richard of Bourdeaux to be declared Successor by Act of Parliament Moses Declares a Successor Moses being told that he should die Numb 27.15 desireth God to declare a Successor And Moses spake unto the Lord saying Let the Lord the God of the spirits of all flesh set a Man over the Congregation which may go out before them and which may go in before them and which may send them out and which may bring them in That the Congregation of the Lord be not as sheep which have no shepheard And the Lord said unto Moses Take thee Joshua the Son of Nun a Man in whom is the Spirit and lay thine hand upon him and set him before Eleazer the Priest and before all the Congregation and give him a Charge in their sight and thou shalt put some of thine Honour upon him that all the Congregation of the Children of