he could get no more But yet his Posterity by virtue of this Election ever after pretended a Title to the Crown of France and never desisted until by Hugo Capetus they got it for Hugh was descended of this King and Duke Odo This Charles the Simple was decoy'd into the Castle of Perene in Picardy where he was made Prisoner and fore'd to resign his Kingdom unto Ralph King of Burgundy and soon after he died in the Castle and his Queen Odin and English Woman fled into England with her little Son Lewis unto her Uncle King Adelstan as Queen Adeltrude had done before But this new King Ralph lived but three years aster and then the States of France considering the Title of Lewis the Lawful Son of Charles the Simple which Lewis was commonly called by the name of d'Outremere that is beyond Sea being he was brought up in England the said States being continually solicited by the Ambassadors of King Adelstan and by William Duke of Normandy in behalf of the young Prince they resolved to call him home as they had done his Father and to admit and Crown him King and so they did and he Reigned Twenty seven years and was a good Prince and died peaceably in his Bed in the year of Christ 945. This Lewis d'Outremere left two Sons behind him the eldest succeeded him by the name of Lothair the First and the youngest he made Duke of Lorrain Lothair dying left one Son named Lewis who succeeded him by the name of Lewis the Fifth but dying without Issue the Crown was to have gone by Lineal Succession to his Uncle Charles Duke of Lorrain second Son of Lewis d'Outremere but the States of France put him byfor mislike of his Person chose Hugo Capetus Earl of Paris and so ended the second Line of Pepin and of Charles the Great and entred the Race of Capetus Now thô all the French Chronicles are carnest defenders of their Law of Succession yet they justifie the Title of Capetus against Charles of Lorrain as may appear by the Words of an ancient and diligent Chronicler of the Abby of S. Denis who defends King Capetus in these Words We may not grant by any means that Hugh Capet should be esteemed an Invader or Vsurper of the Crown of France seeing the Lords Prelates and Princes of the Realm did call him to this Dignity and chose him for their King and Sovereign Lord. Upon which Words Belforest saith as follows Bel. lib 3. cap 1. I have laid besore you the Words and Censure of this good and religious Man for they seem to me to touch the quick for in truth we cannot defend the Title of Capetus by any means from Vsurpation and Felony but by justifying his coming to the Crown by the consent and good will of the Commonwealth And these Instances out of the second Line of France I take to be sufficient proof of our Assertion without going any further for if we do but number these Kings already named of this second Race from Pepin to Capet which are about Seventeen in Two hundred thirty eight years we shall sind that not few but the most part of them did both enter and enjoy their Crown and Dignity contrary to the Law of Lineal Descent and of next Succession by Blood. We shall therefore instance some Examples for our purpose out of the English History and so conclude this Point First then it 's to be noted That the Realm of England hath had as great variety changes and diversity in the Races of their Kings as any Nation in the World For after the Britains it had Romans for their Governours for many years and then of them and their Roman Blood they had Kings of their own as appears by that Valiant King Aurelius Ambrosius who resisted so manfully the Saxons for a time after his they had Kings of the Saxon and English Blood and after them of the Danes and then of the Normans and after them again of the French and last of all of the Scotch of whom King james the Sixth was descended which continues to this day Now I mean to pass over the first and ancient Races of Kings as well of the British and Roman as also of the Saxon Races until King Egbert the First of that Name King of the West Saxons and almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon Blood as he that first commanded the Realm to be called England which ever since has been observ'd Thsi Egbert was banish'd the Realm by King Britricus for the suspected that he might be chosen King by reason of his great Prowess and Valour He lived many years in France under the Famous King Pepin afterwards hearing Britrious was dead he came into England Polydor. lib. 4. and was chosen King by universal Consent of the People and he prov'd one of the best Kings that ever the Saxons had before or perhaps after and he and King Pepin of France began their Reigns as it were together and came both to their Crown by no other Title but the Election of the People This King Egbert left a lawful son behind him named Ethelwolf who succeeded him in the Kingdom and was a Famous a Man as his Fahter This Ethelwolf had four lawful sons who all in their turns succeeded by just and lawful Order in the Crown viz. Ethelbald Ethelbert Ethelred and Alfred and all the latter Three were most excellent Princes especially Alfred who drow Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France where he got the Country then name Neustria and now Normandy and was the first Duke of that Nation from whom our William the Conquerour came afterwards in the 6th Descent This Alfred left one Son behind him named Edward who dying left two Sons lawfully begotten of his Wife Edigna one called Edmond the other Eldred Polydor. lib. 5. â—tow pag. 130. and a third Illegitimate nam'd Adelstan whom he had by a Concubine This last was preferr'd to the Crown before the other two legitimate princes only for his Valour and Conduct This Man dying without Issue his lawful Brother Edmond put back before was admitted to the Crown who Reigned six years and left two lawful Sons but they bing young were both put back and their Uncle Eldred preferr'd before them who after Nine years Reign died without Issue and so his elder Nephew Edwin was admitted to the Crown who after four years was Depos'd for his lew'd and vitious Life and his younger Brother Edgar admitted in his place This King Edgar who entred by Depositio of his Brother was one of the rarest Princes that the World had in his time both for peace and War Justice Piety and Valour He lest two Sons by different Wives Edmond and Etheldred the first was Murther'd after which many good Men of the Realm were of Opinion not to
admit the Succession of Etheldred both in respect of the Murther of King Edward his elder Brother committed for his sake as also for that he seem'd a Man very unsit for Government and of this Opinion was that holy Man Dunstand Archbishop of Canterbury who in flat words denied to Consecrate him but seeing the most part of the Realm incline to his side he told that it would repent them afterwards and that in his Life the Nation should be destroy'd as indeed it was and he forc'd to Normandy and left Sweno and his Danes in the possession of the Realm thô after Sweno's Death he return'd and died in London He had two Wives the first an English Woman by whom he had prince Edmond Sirnam'd Ironside for his great strength and courage Now he that will consider the passage of the Crown of England from the death of Edmond Ironside eldest Son of King Etheldred until the acquisition thereof by William Duke of Normandy will easily se what Authority the Commonwealth hath had to alter Titles of Succession according as publick necessity required Now since King William the First commonly call'd the Conquerour thô in truth he never grounded his Title upon any thing but the Election of the Confessor and Consent of the people the exclusion of Princes against the ordinary course of Succession is more notorious than in elder times therefore I shall only refer the Reader to their particular Lives who succeeded before the lawful Heirs by propinquity of Blood. As first William Rufus and henry the First before Robert their elder Brother King Stephen before Henry the Second and King John before Arthur Duke of Britain Some years afte when the Barons and States of England dislik'd the Governent of King John they rejected him and chose Lewis the Prince of France to be their King and swore Fealty to him at London and depriv'd the young Prince Henry his Son but after the death of his Father king John they recall'd again that Sentence and admitted this Henry to the Crown by the name of Henry the third and disannull'd the oath and Allegiance made to Lewis of France Now from this Henry the Third the Houses of Britany Lancaster and York do seem to issue as a triple Branch our of one Tree Now if we consider the Titles of the Kings of the House of York and those of Lancaster we shall see plainly that the best of all their Titles after the deposition of King Richard the Second depended most or the Authority of the Commonwealth for as the People were affected and the greater part prevailed so were their Titles either confirm'd altered or disannulled by Parliament and yet we may safely affirm that either part when they were in possession of the Crown and confirm'd therein by parliament were true and lawful Kings and that God concur'd with them as with true Princes for government of their People For if we should deny this Point great Inconveniences would follow and we should shake the States of most princes in the World at this day as by Examples which I have already alledg'd may appear And sO I shall end this point affirming That as propinquity of Blood is a great preheminence towards the attaining of any Crown yet it doth not bind the Commonwealth to admit it if weightier Reasons should urge the contrary Now it will be a further proof of what I have before alledg'd viz. That all Commonwealths have prefix laws to their Princes which they are as much bound to keep as any Subject if we consider their oaths at their Admission or Coronation And first of the Emperour who Swears to defend the Christian Religion to minister Justice equally to all Men to keep and observe all laws and priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no man but by course of Law and that whatsoever he does otherwise shall be void and of no validity Unto these Articles he Swears first by his Legates and he gives a Copy of his oath to each Elector and after he goes to be Crown'd where in the middle of Mast the Archbishop of Colen asks in the presence of all the the People Whether he is ready to Swear to the aforesaid Articles and he answers that he is then the Archbishop leads him to the high Altar where he Swears to them in express words which being done the Archbishop turning to the princes of the Empire and People there present asks them Whether they be content to swear Obedience and Fealty to him who answers Yes then he 's Anointed and the other two Archbishop lead him into the Vestry where Deacons are ready to put on his Robes then the Bishop of Colen delivereth him a drawn Sword and puts a Ring on his Finger and a Scepter in his Hand and then the three Archbishops put the Crown on his head and so he 's plac'd on the Imperial Throne where all the Princes swear Obedience to him Now it 's to be noted that the Emperour Swears three times twice himself and once by his Deputies before his Subjects Swear once to him In Polonia the manner of Crowning thieir King is in substance the same as of the Emperour His Oath is in these Words I do promise and swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ's Church and the Vnion of his Catholick Faith and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and gods Holy Gospel In Spain I find that the manner of admitting their Kings was different and not the same before and after the destruction thereof by the Moors but yet in both times their Kings did Swear in effect the self-same Points which before have been mentioned in other Kingdoms Now Ambrosio Moral reports Ambro. Moral lib. 13. cap. 2. That a certain law was found writen in the Gothish Tongue and left since the time of Don Pelayo the first King after the Moors which prescrib'd how Men must make their King in Spain and how he must swear to the priviledges and Liberties of that nation Before all things it 's establisht for a law Liberty and Priviledge of Spain that the Kings shall be made by Voices and Consent perpetually to the intent that no Evil king may enter without the Consent of the people seeing they are to give him that which with their Blood and Labours they have gain'd from the Moors Thus far goes the first Article of this Law which is the more to be noted because the most ancient of the Spanish Historians do say that from this Don Pelayo the Succession of their Kings was ever by propinquity of Blood and yet we see that Election was joyned with it in express terms The second part of that Law contain'd the Ceremonies us'd in those old times at the admission of their
VINDICATION OF THE Parliamentary Proceedings Against the Late KING JAMES II PROVING That the Right of Succession to Government by Nearness of Blood is not by the Law of God or Nature but by Politick Institution WITH Several Instances of Deposing Evil Princes Shewing That no Prince hath any Title Originally but by the Consent of the People Ad generum Cereris sine caede aut sanguine pauci Descendunt Reges sicca morte Tyranni Licensed July 20. 1689. J. Fraser LONDON Printed and Sold by Randall Taylor at Stationers-Hâ—â—â— 1689. THE PREFACE TO THE READER I Should not think it necessary to prefix a Preface before this small Treatise especially since it handles only Matters of Fact such as the Judicial Acts of Commonwealths did I not suspect that some Malicious Persons whose Inclinations and Opinions are hereby thwarted would brand it with the Name of Seditious and Antimonarchical therefore I shall here enter my Protestation against such malicieus Aspersions by declaring That nothing herein mentioned has the least design to lessen the Duty and Obedience of Subjects toward their Princes And I do sincerely abhor the Principles of those Men who make so little account of their Duty that upon the least private Disgust or Discontent do invent a thousand Calumnies to the discredit of their Prince without Conscience or Reason intending only the revenge of private Injuries and not the publick Good as they would plausibly insinuate These men I take to be such as the Apostles S. Peter and S. Jude spake of when they said God knoweth how to reserve the Wicked unto the day of Judgment to be there tormented but yet much more those which do contemn Domination or Government and are bold and liking of themselves Nay further I am of Opinion That whatsoever a Princes Title be if once he is setled in the Crown and admitted by the Commonwealth every man is bound to settle his Conscience to obey him in whatsoever he lawfully Commands without examination of his Title or Interest For God disposes of Kingdoms and brings many things to pass in the Affairs of Princes by great and extraordinary means so that if we should examine the Titles at this day of all the Princes in Christendom by the ordinary Rule of private Mens Rights Successions or Tenures we should find so many knots and dissiculties with which they are perplext that it would be impossible to reconcile them And this is my Opinion for true and quiet Obedience dand yet on the other side I am as far off from the abject and wicked Flatteries of such as affirm Princes to be subject to no Law or Limitation either in Authority Government or Succession as thô by Nature they had been created Kings from the beginning of the World or as thô the Commonwealth bad been made for them and not they for the Commonwealth or as thô they had begotten or purchased or given life to the Publick and not that the Publick had exalted them or given them their Authority Honours and Dignity These and such like are the absurd Paradoxes which some Men have writ in flattery of Princes who in my Opinion deserve no Commendation or Reward since such Assertions destroy all Law Reason Conscience and Commonwealths and do bring all to such an absolute Tyranny as no Realm ever did or could suffer no not under the Dominion of the Turk himself at this day where some proportion of Equity is held between the Prince and People both in Government and Succession thô nothing near so much as in Christian Kingdoms It is therefore the intent of the ensuing Treatise to evince that our Predecessors have not been such Slaves to their Kings as some men would perswade us and that the Deposition of King James granting it to be so and waving the advantage of the Abdication is no new and unheard of thing as we hope to make appear beyond all doubt or exception For if we can prove that most Christian Common-wealths have upon just and reasonable Causes and to prevent Tyranny and Oppression excluded Princes from Reigning when their Title by Succession was apparent and also Deposed Evil Princes when they had lawful possession of the Crown If common-wealths I say have in all former Ages exerted this ample and transcendent Jurisdiction what Reason imaginable is there why they should not do so still and save themselves from Publick ruin and desolation by resisting and removing their evil Heads whensoever they are able so to do since God hath wonderfully concurred for the most part with such Judicial Acts of the Commonwealths against their Evil Kings not only in prospering the same but by giving them also some notable Successor in place of the Deposed thereby both to justifie the Fact and remedy the Fault of the Predecessor as is evident by the following Examples and also by this last of our own Country where in place of a King that endeavored nothing so much as the utter subversion of our ancient and fundamental Laws and Liberties the extirpation of our Religion and the subjecting us to the unsufferable Toke of the See of Rome our Old and Capital Enemies Instead of such a King I say it has pleased God to bless us with one as it were in token of his approbation of our late Proceedings who designs nothing but the universal Interest and Welfare of the Nation as is apparent since in six Months he has confirm'd and establish'd those Laws and Constitutions which his Predecessors have been 60 years undermining who instead of suspending Laws has only suspended his Negative Voice And we may send the same Message to the late King James which the States of France sent unto Charles of Lorain after their Election of Hugh Capet â—ard lib. 6. and his Exclusion which Gerard the French Historian records in these Words Every Man knows Lord James that the Crown and Realm of England and Scotland belong'd unto you according to the ordinary Law of Succession but yet the very same Laws which gave unto you this Right of Dominion have judg'd you also unworthy of the same being you have not endeavour'd to frame your Life and govern your People according to the prescript of those Laws nor according to the use and custom of your Country of England but rather have allyed your self with the French Nation our old and inveterate Enemies and acquainted your self with their vile and base Manners Wherefore seeing you have forsaken and abandon'd the ancient Interest of England we have also abandon'd and left you and have chosen the Prince of Orange for our King and this without any scruple or prejudice of our Consciences at all esteeming it far better and more just to live under WILLIAM the present possessour of the Crown with enjoyment of our ancient Laws customs Priviledges and Liberties than under you the Inheritour by Propinquity of Blood in Oppression strange Customs and Cruelty This is the Speech made by Command of the States to Charles of
Lorain the Name and few other Circumstances only varied giving their Reasons why they had excluded him which in my Opinion are very weighty ones and such as ought to be considered by all Commonwealths before Admission of their Princes For as those who are to make a Voyage in a Ship upon a dangerous Sea do not so much respect whether the Pilot who is to guide the Stern be the Owner of the Ship or not but rather whether he 's skilful and likely to bring them safely to their desir'd Haven or to drown them amongst the Waves Even so our principal Care ought to be that we have a good Prince to lead and guide us happily in this way of Civil and Politick Life which is the end why Princes and Governours were appointed It was a wise Saying of the Emperour Valentinian viz. Digna vox est Majestate regnantis legibus se alligatum fateri It is a Speech worthy of the Majesty of him that Reigus to confess himself bound unto the Laws And the contrary Saying of the Tyrant Caius Caligula is justly detested by all Men who said unto one as Suetonius reports Memento mihi omnia in omnes licere Remember that all things are lawful unto me and against all men without exception Such a King as this is to be resisted in all his Illegal Commands as much as the former Ruling by Law and Equity ought with all due submission to be obey'd And this is sincerely my meaning in writing the ensuing Treatise so that by giving this Caution Thope it will not be perverted to any other sense A BRIEF VINDICATION OF THE Parliamentary Proceedings AGAINST The Late King JAMES the Second IT is certainly obvious to the meanest Capacity how various and different mens Sentiments are concerning this great and happy Revolution they who have been so injurious to their Country as to assist and further the pernicious Designs of the late King cannot but exclaim against those who have so timely frustrated their arbitrary and damnable Devices Others there are who have industriously labour'd to intimate to the late Government how subservient they would be to its ends when it would think fit to employ them as Actors in a National Tragedy It cannot therefore be expected that any thing imaginable can be sufficient to silence the Clamours of such Men whose Opinions are still broader or narrower than their Consciences but always squaring with their InteresTs who endeavour to destroy the Publick Peace by their opposition to the present Government as they did by their submission to the former For thô it hath been reputed as the Characteristick of a good Government Vbi quisquis quod vellet sentit quod sentit dicere licet yet it must be taken with due restrictions For as it is unreasonable and injurious to persecute Men to the utter loss of their lives and Fortunes for not obeying the Commands of a Prince which are notoriously repugnant to the known and approved Laws and Constitutions of the Nation they live in so it is not convenient for any Government thô acting by the foundest Rules of Policy and endeavouring to the utmost the Publick good and welfare to permit Incendiaries with an impetuous and unbridled Malice to misrepresent their Actions to the People who easily give Credit to the most absur'd Assertions if but plausibly insinuated And like Heresies in the Church thô built on the weakest Foundations notwithstanding the most solid Reasons imaginable are apply'd to suppress them often spread their Contagion so universally that they threaten the Peace of the whole Community and are very rarely supprest till the Authors are crusht by the weight of the Civil Power So dangerous a thing it is both to Church and State to permit Men to broach Opinions publickly which tend to alienate the Hearts of the Subjects from their Princes It was an usual thing in the last two Reigns either to ruine such as opposed the Court Intriegues by formal Tryals at Law for Sham plots and Conspiracies when the Treasonable Words or Pamphlets were for the most part so evidently true that it was pity to punish the Authors Another Project was frequently practis'd which was to buy off such Men who were more than ordindary bold in canvasing their Designs A thing necessary to be used by such Princes who would transgress the Legal limits which have been prefixt to prevent their Exorbitances and have resolv'd to acquire an absolute and despotick Power thô it be with the hazard of their own and the Nations downfal whose Designs only want discovery to be exploded But in this present Government where we are blest with a King that designs to carry on the true Interest of the Nation which is apparent by his many large and advantageous Concessions to his People since His Accession to the Crown having in a manner suspended his Negative Voice there is no need to practise the aforesaid Stratagems seeing he will have as well the Natural as the Political Strength of the Kingdom and may safely bring such Male Contents to condign Punishment For those Men that either Lost any thing or expected to gain any thing by the former Government will in no wise be satisfied without having a share in this which I am perswaded the King does not intend to grant So that I direct not my Discourse to any of the fore mentioned Men knowing they will be against Reason as often as Reason is against them But there are another sort of Men who highly approve of our Deliverance but not of the Methods by which it was accomplish'd Which is implicitly thô not in direct Terms to desire Effects without their Causes for the Gordian Knot is to be Cut not untyed Now it is expedient to satisfie these Men because they are numerous and also because their Disgust springs from Conscience or Inadvertency and not from Prejudice First then it is observable that many were for making Terms with the late King and bringing him to a temper more suitable and agreeable to our Laws and Constitutions This would have been an admirable Project if we could have obliged our present King to return from whence he came and be always in a readiness with a sufficient Fleet and Army to come and assist us when the late King should again invade our Properties Nay this would not serve our turn unless we could entreat the French King to lie still with his Fleet and not obstruct our Second Deliverance And herein consists the weakness of this Invention being it requires little less than Impossibilities to sustain it Now one would think that we above all other People had sufficiently experienc'd how uncapable the most exquisite Laws are to defend us from the encroachments of a Prince whose Inclinations perswade their violation and are absolutely inconsistent with his Religion So that if we consider how all the Laws were enacted against Papists that could be devis'd or thought necessary were with the greatest ease imaginable eluded and