First Because the Exiling or Disinheriting the King's eldest Son indangers the King himself Secondly Because to compass the Exile compasseth the Death of the eldest Son by depriving him of the King's Protection and exposing him to Poison or Assassination of his Enemies and to compass to Disinherit him is a manifest design to destroy him without which his Inheritance cannot be taken from him as Matth. 21.38 They said amongst themselves this is the Heir come let us kill him and let us seize on his inheritance And they caught him and cast him out of the Vinyard and slew him Object 8 Obj. 8. The Son of a King born after he is King is to be prefer'd in Succession before the Son of a King born while he is Prince And of this there are many Examples as Henry the First being the youngest Son of William the Conqueror Born when a Prince and born when a King standing in Competition for the Crown of England against Robert Duke of Normandy his elder Brother made this one of his Objections That Robert was born when his Father was but a Duke but Henry was born when his Father was a King and therefore obtained the Kingdom against Robert his eldest Brother And it is recited by Grot. de Jur. Bel. Pac. p. 171. That the like passed in Persia between Cyrus and Arsica in Judea between Antipater the Son of Herod the Great and his Brother in Hungary when Geissa obtained the Kingdom in Germany between Otto the First and Henry though not without Arms and likewise the same Question was between Xerxes and his Brother Atabarzanes and between Artaxerxes Mnemon and Cyrus the Sons of Darius and Parisatis Artaxerxes being the elder but born during the Private fortune of Darius and the like happened between Bajazet and Zemez contending for the Turkish Empire and many others Answ These were put to the Tryal of Battel and for the greatest part the eldest Son had the Success but if it had been otherwise the Event of War is no Rule of Justice and if it had been without War yet where there is a standing Act of Parliament Judicandum est Legibus non Examplis And this Act of Parliament was made to prevent the present and all other Accidents which might happen to disturb the Peace of Succession of the Kingdom and raise Civil Wars which it could not do without all other Sons and Heirs to the eldest Son and there being no other Son mentioned in the Letter of the Statute but the eldest and not a word of Distinction whether born before or after the Father's obtaining the Kingdom Vbi lex non distinguit ibi nec nos distinguere debemus for then the same mischiefs would insue beforementioned of extending a Statute of Treason by Equity which leaves Treason arbitrary to every Judge who will assume to declare it beyond the Letter and to insert as many kinds of Sons and Heirs as he pleased which would make the Law and all the Care and Wisdom of it in ascertaining the Son Heir to be of no Effect and leave the Kingdom in a dangerous Condition that every Prince Married in his Father's life-time and having then some Children and after his Father's Death others might occasion a Civil War who should succeed to the Crown when he died Object 9 Obj. 9. The next Objection That the King 's eldest Son is not yet Declared Prince of Wales or Prince of the Scots The Original of this Title used to be given to the eldest Sons of the Kings of England was from Henry the Third who gave his eldest Son Edward who was afterward King Edward the First on his Marriage to Elianor the Daughter of Spain amongst other Principalities in France England and Ireland likewise that of Wales Hinc natum ut deinceps unusquisque Rex qui secutus est filium majorem natu principem Walliae facere consuevit And in continuance of this Custom Anno 1610. Prince Henry the eldest Son of King James was solemnly created Prince of Wales by his Father As to the Title designing the Prince of Scotland to be next Successor or Heir apparent it seems to have been by their Investiture of Cumberland for saith Buchanan Rer. Scot. lib. 6. p. 175. That Constantine the Third in the Tenth year of his Reign Milcolumbo proximo Regis filio Cumbriam donavit qui honos velut Augurium Argumentum erat eum proxime regnaturum Ac deinceps in proximis aliquot Regibus id fuisse observaturum manifesta adversus veterem Comitiorum rationem fraude quae omnem Liberorum susfragiorum vim prope tollerit non minus quà m Cossâ—à Caesaribus Designatio Constantine the Third in the Tenth year of his Reign gave Cumberland to Malcoliâ— the Son of the last King which Honour was as it were the Inauguration or Sign of him who was next to succeed in the Kingdom and was after observed by some of the next Kings to that end to take away by Fraud the free Election by Parliament no less than did the Designations of the Consuls by the Caesars and after p. 189. he sath That Kenneth the Third being King by Election of the People to make the Kingdom Hereditary to his own Son Malcolm finding it an Impediment in his way that his Brother Duffus his Son Malcolm Cumbriae tum praefectus erat quam Regionem Scoti beneficio Regum Anglorum it a tenebant ut Cumbriae Praefectura velut omen Regni esset atque ita jam per aliquot aetates observatum erat was then Governor of Cumberland which Region the Scots held by Gift from the Kings of England to that intent that the Presidentship of Cumberland should be for a Sign who should be next Successor to the Kingdom and so for divers Ages the same hath accordingly been observed he to inherit his own Poisoned his Brother's Son and p. 190. he saith Milcolumbus regis filius in natura adhuc ad rerum administrationem aetate Cumbriae praefectus et princeps Scotorum est Declaratus quod nomen perinde est Scotis atque apud Gallos Delfinus apud priores Romanorum Imperatores Caesar apud posterio res Rex Romanorum quibus omnibus Successor superiori Magistratui dari intelligitur Malcolm the King's Son in an unripe Age for Publick Affairs is declared President of Cumberland and Prince of the Scots which Name is with the Scots Equipollent to the Daulphin amongst the French to Caesar amongst the Ancient Romans and amongst the Modern to the King of the Romans by all which Titles the Successor to the Superiour Magistracy is understood but notwithstanding for the most part this hath been the Custom yet it hath been likewise often omitted and Admit it had not yet there being no Law requiring it there is no pretence that such Omissions makes any incapacity in the Heir to succeed at Common Law or to be within this Statute for the Statute making no Distinction between the King 's eldest Son when
Answ 'T is acknowledged if the Declaration were to be by the Parliament Sole without the King it might possible make a Kingdom Elective but where by Law the King hath a Negative and the Declaration is not made without his Consent it is otherwise for it is sufficient to make a Kingdom Hereditary if the Law make it descendible to the King's Heirs in Case it be not otherwise by the King himself and Parliament actually disposed of which is seldom done and in Cases of Necessity But yet are they not disabled of the Power to do it when they think necessary as a private Inheritance doth not therefore cease to be Hereditary because the Owner hath Power to Give Sell Alien or otherwise dispose of it 't is sufficient if by Law it descend to his own Heirs unless he Actually happen according to Law to dispose of it from them Obj. 2. Declarations by Act of Parliament are in vain Because Acts of Precedent Parliaments cannot bind the Power of a subsequent Parliament which is shewn by divers Examples Cok. 4 Part. fol. 42. And Grotius speaks to the same intent That Kings Predecessors cannot bind Kings Successors Est autem causa Successionis non subjecta Regi nunc regnanti quod inde apparet quod Rex nunc regnans nulla lege obligare potest Successorem Successio enim Imperii non est de Jure Imperii ac proinde mansit in statn naturali quo nulla erat Jurisdictio Grot. de Jure Bell. Pacis lib. 2. cap. 7. p. 171. That a cause of Succession is not subject to the King now Reigning appears from this that a King now Reigning can by no Law bind his Successor for the Succession to Empire is not of the Right of Empire But the same remains in the state of Nature wherein there was no Jurisdiction Answ Though a King and Parliament present by declaring a Successor cannot bind a Parliament future but they may again Repeal or Abrogate such present Act of Declaration yet doth it not follow that the present Act of Declaration is vain and of no use For first Then by the same Reason it might be said that Magna Charta and the Petition of Right And all the Acts of Parliament we have are vain and of no use because future Parliaments have Power to repeal them notwithstanding which it is manifest such an Act of Declaration would be of great Use and Benefit Secondly An Act though repealable is not vain because such an Act cannot pass without the Major number of Votes which will be an Incouragement to the major number to continue their indeavour to preserve And a Discouragement to the minor part in another Parliament to attempt to repeal Thirdly Because succeeding Parliaments have a Reverence to preceding and though they have Power to repeal yet do they not use to repeal to the utmost of their Power nor can a former Act be repealed but by another Parliament which if a Protestant Successor is Declared must be called by him and he hath then a sufficient Legal Power to Exclude so far Papists from Elections of Members of Parliament as probably they will have no Power to repeal former Protestant Acts. Fourthly Subsequent Parliaments cannot repeal the Act of a Precedent quoad praeterita for which reason the whole People will act with far greater Courage both in Peace and War in Execution of whatsoever they have a standing Act of Parliament to protect them than where there is none Fifthly Such an Act doth leave the Successor and his Parliament in a Posture and Possession of Arms Lawfully to defend his own Right and the Protestant Religion both against Secret Massacres and Open Rebellions and Invasions by Papists Object 3. Acts of Parliament cannot bind the Power of the Sword or Armies in the Field Answ Though they canot bind such as are Actually Convented without raising other Armies against them Prevents though it binds not the Power of the Sword yet they may take ways both to prevent their Convention and to raise other Armies against them if Convenient and the Success must be left to God Object 4. That a Successor Declared Declaring incites not a Lineal but a Collateral Heir to Rebel and not an eldest Son but a younger wrongfully present before him may prove Rebellious or Disobedient Answ This Objection is made 28 H. 8. cap. 7. But it makes no Danger of it except only in Case it should happen to be of a Collateral Heir when the King should have no Lineal Heir of his Body Concerning which Collateral Heir only and not his Lineal These are the words of the Statute by way of Petition from the Parliament to the King And if your Grace afore it may be certainly known whether ye shall have Heirs or no should suddenly name or declare any Person or Persons to succeed after your Decease and for lack of Heirs of your Body lawfully begotten into the Royal Estate of the Imperial Crown of this Realm then it is to be doubted that such Persons that should be named might happen to take great heart and Courage and by Presumption fall into inobedience and Rebellion by Occasion of which Premisses great Divisions and Dissentions may be and is very likely to Arise and Spring in this Realm to the great Peril and Destruction of us Your Majesties most humble and obedient Subjects and of all our Posterities Whereby it appears This Statute is only afraid of Declaring Collateral Heirs If there should be no Lineal Heir of the Body or they should fail In like manner Queen Elizabeth having no Lineal Heir of her Body was afraid to declare the Collateral But she declared the Natural Heirs of her Body should Succeed as appears 13 Eliz. 1. which are the next Lineal and not Collateral Heirs And the Example of Christian Princes in like manner hath been never to Scruple the Natural affection of their own Natural eldest Sons to declare them Successor after their Death for that gives them no Greater present Power than they had before The Heir as is said Gal. 4.1 Differeth nothing from a Servant So Edward the Third did not doubt to Declare his Eldest Son the Famous Black Prince his Successor by the General name of his Eldest Son in this Statute nor likewise by making him Prince of Wales to declare him by name his Heir Apparent and Successor nor did he ever the less Trust him with the Command of great Armies in France with whom he was Victorious yet did the Son so declared never presume to any higher Title than Prince of Wales nor Motto than Ich Dien I serve as if he studied how to testifie his Obedience to God and his Father and to shew that the Heir differeth nothing from a Servant In like manner did the Old Roman Emperors declare their Eldest Sons Caesars and Principes Juventis The Modern Emperors theirs Kings of the Romans The Kings of England theirs Princes of Wales The Kings of Scotland
making the Crown Hereditary to the Eldest Son answered ibid. Objections against the being of the King 's Eldest Son within the Statute of 25 E. 3. cap. 2. De Proditionibus Page 20. Obj. 1. That the Lady Mother was not a Queen ibid. Answ 1. The Statute is false Translated by the Lawyers and the Scripture false Translated by the Bishops in the word Queen ibid. Answ 2. Proved that the Lady Mother was Madam sa Compaign according to the Moral Law of God which is all and more than is required to be proved by the Statute ibid. Obj. 2. No Marriage according to the Mass-Book in the time of E. 3. nor by the Modern Common Prayer-Book or Book of Canons Page 23. Answ 1. No Marriage by any Book required by the Statute but only a Lady Companion according to the Moral Law of God Page 24. Answ 2. Marriage by the Common Prayer-Book not Necessary in a time of War when both Books of Common Prayer and of Canons were Prohibited and Abolished by the Power of the Sword ibid. Answ 3. The Legitimation of Children by the Law of God and of the Land ought not to be question'd after the Death of either Parent where not Judicially question'd and sentenced in their life-time Vid. Praeface Page 25. Answ 4. Not Necessary for a King who is Supreme Ordinary to Marry by the Common Prayer Book or Book of Canons Page 26. Answ 5. A King who is Supreme Ordinary may dispence with his own Canons and with any thing that is only Malum Prohibitum in his own Marriage but not with what is Malum in se by the Moral Law of God Page 28. Obj. 3. The Lady Mother was not HIS Companion which is the Article of Propriety required by the Statute Page 32. Answ She was HIS and he had the sole Propriety according to the Law of God and the Land Page 33. Obj. 4. There was no Marriage according to the Law of God Page 34. Answ 1. Certain Preparatory Considerations are laid down before the contrary is proved to this Negative By what Law and what Judges shall be judged what is the Law of God by which is after proved here was a Marriage according to the Law of God ib. Answ 2. Of the damnable Effects have followed by the Popish Prohibitions and Nulling of all Marriage not made by a Priest in a Temple Page 35. What is not Marriage by the Moral Law of God Page 39. What is not Matrimony by the Moral Law of God ibid. Answ 3. The Statute requires neither a King De Jure nor a Lady Companion De Jure nor a Son De Jure but only De Facto yet are they all here both De Jure and De Facto Page 40. Dangerous to leave the Succession of a Kingdom on so incertain a word as Lawful yet here both the King the Lady Companion and the Son are all Lawful ibid. Answ 4. A Lawful Successor may be of an unlawful Marriage Page 41. Obj. 5. The Lady Mother was not a Wife according to the Scripture Page 42. Answ 1. The Objection is false and it is after proved she was a Wife according to the Scripture ibid. Answ 2. The Statute requires no Wife according to Scripture but only a lawful Companion yet was she both a Wife and a lawful Wife according to Scripture as will hereafter be proved Page 43. Answ 3. The Bishops have falsly Translated the Scripture in all words relating to Marriage ibid. Of certain Differences between a Wife of the Bishop's making and a Wife of God's making Page 46. Obj. 6. There is no Bishop's Certificate to testifie the Marriage and Filiation Page 48. Answ The Statute requires no Certificate of either ibid. The Forms of Bishops Certificates Page 49. Their Original came from the Priests of Priapus Page 50. Of the Damnable Mischiefs insue from Tryal of Marriage and Filiation by Bishops Certificates ibid. The Certificates of Bishops inconsistent with the Right of Primogeniture Page 58. Of the General Custom of Nations of Successions to Kingdoms by Primogeniture and of the Mischiefs and Civil Wars commonly follow the disinheriting of the Eldest Son Page 62. What is Marriage and what Matrimony de Facto Page 66. What is Marriage De Jure according to the Law of God and of the Nations Page 67. Of the three Lawful Marriages amongst the Romans 1 Usu 2 Confarreatione 3 Coemptione Page 68. Of the three Lawful Marriages amongst the Hebrews 1 Copulatione 2 Coemptione 3 Instrumentis ibid. That Carnal knowledge Chastity and Childbirth between a Man and a Woman not prohibited by the Moral Law to Marry makes a Marriage Lawful Holy and Indissoluble without Banns Licence Priest Temple or any other Ceremony whatsoever Page 71. That the Marriage Coemptione Confarreatione or Instrumentis was not intended by Christ but only the Marriage Copulatione Page 86. An Epithalamium on the Marriage of Nature intended by Christ without a Priest or Temple Page 88. Obj. 7. The King 's Eldest Son is not the Heir intended by the Statute Page 90. Answ Proved he is the Heir both in the Letter and Intention of the Statute ibid. That to compass the Exile or Disinheriting of the King 's Eldest Son is High Treason Page 94. Obj. 8. By the Custom of Nations the Succession goes not to the Eldest Son born when the Father is only a Prince but to a younger Son born when he is a King ibid. Answ This Statute was made to prevent incertainty of this and other Customs and prevent all Cavils and Contentions about Succession by ascertaining the same to the Eldest Son Page 95. Obj. 9. The King 's Eldest Son is not yet declared Prince of Wales or of the Scots ibid. Answ The Statute requires no such thing Page 97. Obj. 10. Illegitimacy deprives of the benefit of the Statute ibid. Answ This Statute declares every Eldest Son of a King Legitimate and Heir to the Crown ibid. The Eldest Son of a King of Great Britain is Legitimate by his Birth-right per Jus Coronae ibid. Examples of the same Jus Coronae in other Nations Page 100. Examples of the same Jus Coronae in the Eldest Sons and Daughters of the Kings of England and Scotland who have thereby succeeded as Heirs to their Fathers Kingdoms on Marriages according to the Moral Law of God without the Ceremonies of a Priest or a Temple Page 102 103. That 't is High Treason for any Subject to slander the King 's Eldest Son with Illegitimacy Page 111. A Comparison of the Popish slanders of Illegitimacy against Queen Elizabeth and the King 's Eldest Son Page 112. A Comparison of the Popish slanders of Illegitimacy against King Edward the Sixth Queen Elizabeth the King 's Eldest Son and the Sons and Daughters of the whole Protestant Clergy Page 114. Of the insolent absurdity of Popish Laws Disinheriting the Lawful Sons of Kings according to the Law of God and inheriting the Bastards of Popes by the Law of the Devil
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 â— Imprudence Because Propinquorum in eos qui Regno potiuntur insidias et Regnantium adversus eos quos et natura et lex voluit â—â—ique esse Charissimos suspitiones nesarias quas narrationis or do Exphrabit tot priorum Seciâ—â—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
ubi Rex pervenerit ipsi sibi curatores Eligere posset That the King being under the Age of Fourteen Years Election should be made of a Guardian of great Estate and Wisdom who should be his Regent in the mean while and Administer his Affairs in the King's Name till he arrived at the Age of Fourteen and when he came to that Age he himself might choose his own Guardians Which Election of a Guardian must be intended to be by Parliament for it appears by the words That the Infant or Minor King must not nor is able to choose himself till he come to the Age of Fourteen And it is contrary to Reason that any other should be his own Judge to choose himself to have to himself to his own use the Custody of the Person of the King Dangerous to Commit the Guardianship of a Minor prince to the next Major in whom all his Subjects have an Interest And it would be very Dangerous to the Infant if he who is next Successor to the Crown should get the Custody of the Heir into his hands There is no Third Power can be therefore above Exception who ought to choose the Guardian of an Infant King but the Parliament And accordingly we find it to be the constant Practice of that Kingdom as appears Buchanan Lib. 19. p. 687. when it is said Sed cum homines usu rerum Edocti Perspicerint vix fieri posse ut in tanta fortunae inconstantia non aliquando in pueros aut alioqui Regno ineundo Impares haeredes jus summi Magistratus inciderit c. But when taught by Experience men saw that it could not be but in so great inconstancy of Fortune but the Right of the Supreme Magistracy might fall amongst Children or other Heirs unfit to Govern a Kingdom they Ordained That in the mean time one should be Elected Regent who Excell'd the rest in Estate and Counsel Guardians chosen by Parliament the only Security of Kings in Minority and our Ancestors following this way for the space of Six hundred Years have transmitted thereby the Kingdom safe to Posterity So Robert Bruce being dead Thomas Randolph Earl of Murray and Donald Earl of Mar Andrew Murray John Randolph Robert Stuart succeeded singly and sometimes more number are by Parliament chosen into that place So James II. being a child Alexander Leviston being of no Kin nor of the chief Rank of Nobility but only a Knight and of more repute for Prudence then Antient Descent was elected to be his Guardian Neither can there be alledged any want of persons of the Royal Stock to have been the cause of such choice for there was at that time John Kennedy chief of his Family and King James his Nephew by his Sister there were his Uncles James Kennedy Archbishop of St. Andrews Primate of the whole Kingdom in all kind of Vertue and his Brother born of the Kings Aunt Douglass Earl of Angus was not remote from the Kings Blood Archibald Earl of Douglas in Power almost equal to the King and superiour to any of the rest yet did none of these complain of any Injustice in the Parliament for making another choice and not long after four Guardians were given to James III. not taken for the Kindred but chosen by Parliament It was but of late that John Duke of Albin was sent for by the Nobility out of France to moderate the Affairs of Scotland James I. being then a child and was confirmed by a publick Act of Parliament Neither was it done because he was next of Kin for he had an Elder Brother called Alexander But James I. being absent Robert his Uncle ruled the Kingdom And with what Right Was he taken for nearness of Blood No he was chosen by the People Nor so neither How then was he created When Robert III. was so sick in body and mind that he was not able to discharge his Office he made his Brother Robert his Vice-Roy and commended his Children to him So his Brother starved to death David his Eldest Son and sought how to destroy likewise James his Younger had he not escaped by slight But he being now placed in possession of his Tyranny and his Brother dead with grief without Parliament or assent of the People he kept it and by force left it to his Son Mordach c. Buchanan proceeds p. 688. Quid enim minus justum esse poterat quam aetatem innoxiam atque infirmam ejus fidei committere qui pupilli sibi crediti mortem semper expectat optat What can be more injust then to commit the innocent and weak Age to one who always hopes for or wishes the death of the Pupil intrusted in his hands And after he saith Laodice the Queen of the Cappadoceans is related to have killed every one of her children as in order they arrived at fourteen years of age to gain thereby a little more time to reign If a Mother will destroy her Children to get the use of a little time what shall we think will their old Enemies dare yea will they not dare to do inflamed with the Brands of Covetousness to cruelty against a Child hindering their hopes of a perpetual Kingdom If this Example seems old and obscure or far-fetch'd I will add more clear and nearer home For who is so ignorant of things so lately acted as he knows not Galeacius Sfortia though at mans Estate though married and the Son in Law of a Potent King to be killed by Lodowick his Uncle Or to whom are the Calamities unknown which ensued that cruel Parricide the most beautiful Region of Italy brought almost to a Devastation the Sfortian Family The not abolishing Episcopal Laws which pretend to Illegitimate whom they please the sense of the Murder of Edward V. and his Brother so fruitful of valiant men destroyed Barbarians let into the most pleasant Country watered by Po. Against whose Rapine nothing was safe against whose Cruelty nothing was secure Who hath been born in the soil of Great Britain and hath not heard of the cruel Murder by Richard III. King of England of the Sons of his Brother Edward IV A great cause of the murder likewise of these Princes was that Papal and Episcopal Laws were not abolished which pretend to illegitimate whom they please Answ 5 Making a Kingdom hereditary to the eldest Son weakens not the Power of Parliaments And 5. as to the Reason against these Statutes which maketh the Crown hereditary to the eldest Son that the same enervate the strength of Parliaments and without a Contract made by every Prince with a Parliament no Government can be just in regard if he receives not the Kingdom by Contract he assumes it by Conquest which over a Free Nation is unjust To which is answered First that these Acts of Parliament of England and Scotland which entail the Crown to the Eldest Son do no way weaken but confirm and establish the Power of Parliaments and
Exercise of the same for the Publick safety 1 In regard the Entail being made to the Eldest Son by Act of Parliament the same declares that what is given by Act of Parliament may be taken by Act of Parliament and that every former Act inacted may by a latter Act be repealed according to the known Rule Vnumquodque dissolvitur eodem modo quo conflatum est Secondly according to the General Examples of Acts of Parliament amongst which nothing is more common than for later Acts to change the Entails of the Crown made by former Acts. Thirdly This Power of Parliaments is expresly declared by Act of Parl. 13 El. 1. still in force by which it is enacted that to affirm that the Laws and Statutes do not bind the Right of the Crown and the Descent Limitation Inheritance and Governance thereof is High Treason Fourthly All the Reason alledged of the Antient Custom of New Election of the Successor on every Descent is only lest the Eldest Son should happen to be an Infant or otherwise unfit for Government that the Parliament might choose the fittest which here is satisfied in the Eldest Son who is above all exception known to be the fittest who can be chosen Fifthly though this reserve of Power remain naturally in Parliaments to repeal and change former Acts concerning Succession by new Acts when there is just and necessary cause yet it is necessary likewise there should be a praevious Act to mark out the Heir in whose name the Parliament shall be called to declare the Succession or Guardianship if he happen to be an Infant And what if after a King happens to die there happen a Rebellion or Invasion which makes it impossible to assemble a Parliament will it not be a great safety to the People that a standing Act of Parliament hath before hand appointed the Successor to take care of the Kingdoms till he can call a Parliament to give their assistance therein There is nothing therefore can be justly excepted against these two Acts of Parliament of England and Scotland for ascertaining by Law the Eldest Son to be Heir to the Crown The excellency of the two said Acts of Parliament of England and Scotland which ascertain the Succession of the Crown to the Kings Eldest Son But it were a great unthankfulness to the Providence of God to undervalue such Laws whereby all Accidents are obviated Questions and Doubts resolved and Objections answered by so few words as two Lines in each and the Peace of Succession preserved in Great Britain for so many hundred years which in other Empires and Kingdoms cannot be effected without those horrid Murders of Younger Brothers by Elder or Elder Brothers by Younger of lineal Heirs by collateral or collateral Heirs by lineal of Sons by Fathers or of Fathers by Sons whereby Civil Wars Devastations and Ruines of Kingdoms have ensued and that the want of such Statutes or the Breach of them have been causes of these Evils and Enjoyment of them hath been the Cure will I hope appear in the Objections and Answers following Objections first against the not being of the Kings Eldest Son within these Statutes answered Object Obj. 1. That the Lady his Mother was not a Queen therefore the Kings Eldest Son is not within the Statute Answ Statute false translated in the word Queen Answ To this the answer is easie and clear that the word Madame sa Compaigne are falsly translated our Lady his Queen and ought to have been translated our Lady his Companion which is proved by the Reasons following 1. Because 't is manifest sa Compaigne signifies not the word Queen in specie but any Lady Companion in general 2. Because it is manifest the makers of this Act of Parliament intended not to restrain their several meaning onely to a Queen for they knew Royne was French for Queen as well as Roy for King and if they had intended so could have more certainly and easily said Compas le mort nostre Seignior le Roy sa Royne than Madame sa Compaigne 3. Because at the time of making this Statute the famous Black Prince being the Eldest Son to Edward III. was married to Joan Daughter to Edmund Earl of Kent and had Issue by her Richard of Bourdeaux after King of England and none doubts but it was the intention of the King Edward III. who passionately affected his Grandchild Richard that in case the Princes Wife should happen to die in his life time whereby she should not have been a Queen but that notwithstanding if the Black Prince had happened to have survived him which he did not and been King his Eldest Son Richard should have benefit of this Statute 4. It would have been made doubtful by the Bishops who usurped then the Papal Supremacy over Princes of giving or refusing to give them Coronation when they pleased whether the Kings Wife should be titled Queen if the Bishop refused her Coronation Ralph of Canterbury refuseth to Crown Adeliza Queen unless he should first discrown the King as Ralph Archbishop of Canterbury did to Adeliza the second Wife of H. I. unless the Kings would suffer him to pull off the Crown first from the Kings head and new Crown him in acknowledgment that the Supremacy of the Coronation Office belonged to Ralph the Archbishop Bak. Hist 43. Touching which Office of Coronation of Kings and Queens that it belongs to Parliaments and not to Bishops and that David himself was both crowned and anointed by his Parliament and not by the Priest is shewn lib. 2. cap. 1. p. 169 c. 5. The Law of Saxons and Scots that no Wife of a King should be called Queen Because the Title of Queen was then under Envy and doubtful whether not against the antient Law both of England and Scotland the same not appearing to have been repealed by any Act of Parliament Bak. Hist fol. 6. saith a Law was made by the West Saxons that no Wife of a King should be called a Queen fol. 8. that it was so rigorously observed that when Ethelwolph had married Judith the Beautiful Daughter of the Emperour Charles the Bald in honour of whom in his own Court he ever placed her in a Chair of State with all other Majestical Complements of a Queen contrary to the Law of the West Saxons made to avoid the great Expence of Treasure incident to great Titles and Ceremonies and against other inconveniences and so much displeased his Lords thereby that they were ready to have Deposed him but were prevented by his death not long after Buchanan Rev. Scot. 407. takes notice of this Law and says Saxones lege caverunt ne ulla deinceps Regis Vxor Regina vocaretur aut in sede honoris in publico Regi assideret And 406. mentions the like Law in Scotland Quas Reginas alii suo quisque sermone nos Regum uxores appellamus nec altioris fastigii nomen ullum in iis agnoscimus
that have insued by disinheriting of Primogeniture either wholly or by Division of Succession into several Kingdoms have been Infinite Amongst the Persians Cyrus the younger Brother by the assistance of Parisatis the Queen Mother contending for Succession against Artaxerxes the eldest raised such Wars and drew in such Foreign Forces of Greeks as the same ceased not till himself was slain by the Army of Artaxerxes The Civil Wars between Hircamus the eldest and Aristobulus the younger Son could not be ceased till Pompey by the Roman Power restored the Kingdom to Hircanus the eldest Disinheriting the eldest Son causeth Patricides Matricides and Fratricides How many Patricides or Matricides or Fratricides this hath caused appears as to the first two by the Examples of Alphonsus the Tenth King of Castile of Gabriel the younger Son of the Marquess of Salusse who by assistance of his Mother cast his elder Brother into Prison pretending he was out of his Wits who breaking out of Prison recovered his Principality and having chased out his Brother Coupt up his Mother in the same Prison wherein she had before Coupt him The like appears in several Persians Turks and Africans And for Fratricides which it causeth Bodin Lib. 6. cap. 5.735 736. saith Foolishly therefore do those Parents who overcomed with the flattery of their younger Sons and disinheriting the elder of their Kingdom have incensed their Children most cruelly to Murder one another so as did the Father of Atreus and Thyestes who willing to prefer the younger before the elder as more sit to manage Affairs of State so silled and foyled his House with many Tragedies And not to seek farther from home we have seen all this Realm on sire with Civil Wars for that Lewis the Devout at the intreaty of his second Wife had preferred Charles the Bald before Lothayr his elder Brother wherefore Pope Pius the Second did wisely in Rejecting the Request of Charles the 7th the French King desirous to have preferred Charles his younger Son before Lewis the Eleventh his elder Brother howbeit that the King had Reason so to do considering that Lewis had without any just occasion twice taken Arms against him so to have taken from him the Crown and to have taken the Scepter out of his hand And as Bodin saith of France he need not look far from home so may we say of England we need not look far from home for the said Events of disinheriting Primogeniture For what caused all those cruel Wars between the House of York and Lancaster from Generation to Generation whereby the English lost both all their Conquests and Hereditary Possessions in France and so many Princes of the Blood and Nobles and Commons were slain but that the Line of a younger Brother contended to be preferred before the Line of an elder And have not as bad Effects happen'd when the Successions of Kingdoms have been joyn'd or divided to more Sons or Heirs than one Division of Kingdoms or part of them or of the Treasure from the eldest to younger Sons destructive to Kingdoms The Father of Jugurtha made him and his two Brothers Associates but he killed his two Brothers and took all himself Constantine divided the Empire to his three Sons they destroyed each other till one had all James King of Aragon appointed Peter his eldest Son to be King of Aragon and James his younger Son to be King of Majorca yet afterwards the elder Brother took the younger Prisoner and in Prison starved him So it befell also the Children of Botislaus the Second King of Polonia who having divided the Kingdom unto his four Sons and having left nothing unto his fifth kindled such a fire of Sedition as could not be after quench't without much Blood of his Subjects So William the Conqueror left the Dutchy of Normandy to Robert his eldest and England to William Rufus and his youngest Son Henry a Pension Robert after the Death of Rufus raising a War to recover his Right of Primogeniture in England from his younger Brother lost the Battel was taken Prisoner by Henry and deprived of his Sight cast into Prison and there died miserably It had been safe therefore for the Preservation of his House and Kingdom to have left the Dominions intirely to the eldest and to have left not one only but both his younger Sons Pensions A multitude of other Examples there are of the ill success where Primogeniture is deprived not only of the whole but of any considerable-part or member of the Inheritance either in Land or Treasure which appears in the forementioned example of the Treasure and fenced Cities given to the younger Sons of Jehosophat therefore destroyed by the eldest Primogeniture not to have the same Prerogative in Private Families as in Kingdoms 2 Chro. 21.2 3 4. Which is to be intended only of Succession to Kingdoms And as to private Families both Equity and Policy is clean contrary and that there ought not to be left above a Scripture double Portion to the eldest where there are more than one which is agreeable with the Examples of most Nations Certificates introduce forein Laws and destroy the Laws of the Land 21. The Certificate Introduces foreign Laws and destroys Magna Charta and the Petition of Right The Foreign Laws it introduces on the Subjects as to Marriage Filiation and Succession and Religion and Liberty and Propriety all thereon depending have been already mentioned are the Imperial and French and of the Council of Trent That by the Ceremony of a Priest in a Temple the Adulterous Children of the Wife shall disinherit the Natural Children of the Husband The Trent Law That all Marriages without that Ceremony shall be Null and void and the Children Illegitimate The French Foppery That Natural Children shall not be Natural Children Excommunication Penance Absolution Commutation-Money twice punishing for one Offence and many other Popish foreign Laws all which destroy Magna Charta and the Petition of Right and are inconsistent with the Protestant Religion Liberty and Propriety Praemunire incurred by Certificates 22. That the Certificate Episcopal Introducing such foreign Laws incurr a Praemunire is proved before in the Case of Cardinal Woolsey Lib. 1. cap. 5.37 38. High Treason incurred by Certificates 23. The Certificate if it imposes those Foreign Imperial Papal French or Trent Laws of Marriage or Filiation on the Succession of the Crown or Certifie the King's eldest Son not to be Heir contrary to this Statute of 25 E. 3. incurrs the Penalty of High Treason Certificates not to be traversed or diputed nor under Appeal 24. The Certificate though utterly false and unjust is neither Traversable nor admits Probation to the Contrary nor is under Appeal either of Fact or Law nor is he bound to give any Reason of it But Sie volo sic Jubeo stat pro Ratione voluntas Of which see more at large Lib. 2. p. 175 176 177 178 179. 25. The Certificate causeth
made Prince of Wales and when not Vbi Lex non distinguit ibi nec nos distinguere Debemus Besides the Kingdoms being now United a Title common to both were more convenient than several Titles The Roman Title Princeps Juventutis extended to the whole Empire Object 10 The Objection of Illegitimation answered I think the Objector hath now spit his Venom Of Illegitimation but let him take heed it doth not Poison himself for first I answer it is already proved That the Marriage of the Lady-Mother was Lawful Holy and Indissolvable according to both Precepts and Example of Scripture and that no Humane Power can Prohibit such Marriages which the Law of God hath not Prohibited Marriage a thing not indifferent not to be limited by the Laws of Men. and that Marriage is not a thing indifferent but necessary and Commanded by God and therefore what are made Actus Legitimi by God non recipiunt modum aut Conditionem from Men nor ought the Holy Ordinance of God be compelled to be prophaned by Papal Ceremonies and dare any then Illegitimate that Law of God by a Law Papal or an Act of Parliament by a Law Episcopal and vend such an Act as will hereafter be shewn to make it High Treason for any Subject to affirm the King 's eldest Son Illegitimate but before I proceed to that I shall first prove the following Thesis The eldest Son of a King of Great Britain Legitimate by his Birthright That not only by this Statute but by the Law of God the Law of Nations and the Jus Coronae of Great Britain Primogeniture in Succession hath been prefer'd and such Issue adjudged Legitimate Though procreated of unlawful Marriages and Persons Prohibited to Marry but was never question'd by any Law except that of Popes and Bishops in the Issue of Persons not Prohibited by the Law of God to Marry Concerning Legitimation by the Law of God and Nature there is more than enough already spoken Lib. 1. p. 79. to 83. and several other places already mentioned concerning the Laws declared in Scriptures this Right of Primogeniture and Legitimation was always observed amongst the Kings of Israel and Judah Primogeniture succeeded amongst the Patriarchs though no Marriage by a Priest in a Temple even in their most unlawful Marriages and without Ceremonies with strange Women of foreign Nations though expresly Prohibited to them by the Law of Moses as appears by Maimonides Godwyn's Jew Antiq. Selden and others but as to the same to be as brief as possible I shall only insist on one Example though not a Prince yet a Patriarch amongst them It is said Gen. 29.16 Laban had two Daughters the name of the Elder was Leah and the name of the younger was Rachel Leah was tender-eyed but Rachel was beautiful and well favoured And Jacob loved Rachel and said I will serve thee-seven years for Rachel thy younger daughter And Laban said It is better that I give her unto thee then that I should give her to another man abide with me And Jacob served seven years for Rachel and they seemed unto him but a few days for the Love he had unto her And Jacob said unto Laban Give me my Wife for my days are fulfilled that I may Go in unto her And Laban gathered together all the men of the place and made a feast and it came to pass in the evening that he took Leah his daughter and brought her in unto him and he went in unto her Et Vers 25. And it came to pass in the Morning behold it was Leah And he said to Laban What is this thou hast done unto me Did not I serve with thee for Rachel wherefore then hast thou beguiled me Et Ver. 32. And Leah conceived and bare a Son and she called his name Reuben Gen. 49.3 Jacob saith Reuben thou art my first born my might and the beginning of my strength the excellency of Dignity and the excellency of Power From whence may be observed That if it were possible for any Objections to be of weight against the Right of Primogeniture and Legitimation in any it might have been made against this of Reuben For First Here is no Intent nor Consent no Contract no Espousal of Marriage by Jacob with Leah 2. There is no Banns no Leadings to Church no Ceremony no Joyning by the Priest no Benediction by him of Jacob and Leah 3. What is worse than the want of all these Here is 1 a meer Cheat a Woman that is hated in the dark clapt into the Bridegroom's Bed instead of her that is beloved 2 Here is the true Bride Robbed of her seven years expected Enjoyment by a false 3 Here is the Marriage-Covenant most perfidiously broken 4 The Labourer is defrauded of his hire for seven years Labour 5 Here is Adultery and Incest committed by the eldest Sister with the contracted Husband of the younger Sister 6 The elder Sister her self knows and is accessary to all these Crimes yet hath the Impudence to Rest all Night Acting them in a stoln Bed and to out-face them in the Light of the Rising Sun for behold in the Morning it was Leah notwithstanding all which Reuben is not punished for the Crimes of Leah nor doth he lose thereby the Right of his Primogeniture but Jacob declares him as aforesaid Gen. 49.3 Reuben thou art my first born my might and the beginning of my strength the excellency of Dignity and the excellency of Power And though he likewise express for the great Crime of Reuben himself the forfeiture of his Birth-right and that excellency which thereby belonged unto him and saith Vers 4. Thou shalt not excel because thou wentest up to thy Father's Bed then defiled'st thou it And the same is likewise declared 1 Chron. cap. 5.1 Now the sons of Reuben the first-born of Israel for he was the first-born But forasmuch as he defiled his fathers bed his Birth-right was given unto the sons of Joseph the son of Israel Yet doth this prove the stronger that notwithstanding the unlawful Marriage and Crimes of Leah his Mother the Birth-right belonged unto him till he forfeited the Priviledge of it by so great a Crime as he himself Committed Legitimation impossible to be forfeited or to be taken from the Child or the Incidents to the same and notwithstanding he forfeited the Priviledge of his Birth-right yet he forfeited not his Legitimation but inherited an equal filial Portion with his younger Brethren for Legitimation is impossible to be forfeited taken away or destroyed unless it were possible to make the Son begot of such a Father not to have been begotten by him for if he was begot by him Filiation includes Legitimation and Aliment sufficient if the Child want it and the Father hath it in Possession and Succession ought to be given him though as to the Superalimentary Quantity of his Goods the Father hath Liberty to dispose them or alienate them from Legitimate and
theirs Princes of the Scots The French Kings theirs Dauphins with so little doubt of Danger thereby that they rather look on the same as the greatest Security of themselves their Families and Kingdoms to have their Eldest Sons declared Successors in their Life-time but always as is said this is true only where the Eldest Sons are declared and not where contrary to the order of Nature Younger Sons or Collateral Heirs are prefer'd before them or to disherit them Object 5. The Ottoman Emperors never declare a Successor Answ They are ill Presidents to be followed for the not declaring of a Successor causeth all those Bloody Butcheries of Fathers of their own Sons And Brothers one of another and gives the Janizaries Power to sell the Empire to that Son or Brother who will give most Money for the same which the Emperors would gladly reform if they were able and declare their Successors as other Princes do were they not over-power'd by their own Slaves as appears Turk Hist 479. Selymus The Ottoman Emperors why they declared no Successors a Younger Son of Bajazet the Second was made by his Father Governor of the Kingdom of Trapezond and Married without his Fathers liking the Daughter of Mahometes a mighty King of the Tartars called Precopenses Selymus by the assistance of his Father-in-Law provided a great Fleet and Army Pretending but not Intending War on Hungary Bajazet receiving Advertisement of Selymus his Army and that he had left Trapezond and was come over into Europe suspecting his Design notwithstanding his Pretences to be against himself yet not seeming to take notice thereof sends Embassadors to disswade him from the Hungarian War and to perswade him to return peaceably to his former Government but without effect for he continues his March onwards towards his Father In the mean time Bajazet moved the rather with the fear of Selymus resolved on that which he had long time in his Mind deeply Consider'd in regard he was aged and sickly to resign the Empire to Achomates his eldest Son and proposeth the same to the Soldiers but they being Corrupted before with Money by Selymus Cunningly seeming to commend Achomates yet would neither yield that Bajazet should resign or nominate him for his Successor And the chief Reasons they alleadged were That the same was neither according to the Custom of the Ottoman Kings nor for the behoof of the Men of War who should thereby be defrauded of the Rewards usually granted unto them during the time of vacancy of the Empire arising from the Spoil taking of them who are of Religions different from the Turks for it is a Custom that immediately on the Death of the Turkish Emperors all the Jews and Christians which dwell at Constantinople Pera Hadrianople Thessalonica and Prusa especially Merchants Exposed unto the Injuries of the Turks are by the Janizaries and other Soldiers of the Court spoiled of all their Wares and Goods and became unto them a Prey neither will they give their Oath of Allegiance unto the new Emperor until he grant them their Prey and Swear by his Head to Pardon all their Outrages before Committed When Bajazet saw his Men of War generally to oppose themselves against the Nomination of his Successor he tryed what Money would do with them and promise them Five hundred Thousand Duckets if they would stand favourable to Achomates and accept him for their Soveraign but he could not move them for they assured themselves of greater Rewards in Pay and Plunder from Selymus So with Grief and Patience he put up the Matter hoping for a fitter Opportunity to effect what he desired Selymus in the mean time under divers pretences marcheth on towards his Father and Corrupted the greatest part of his Council with Money and great Promises to betray him and advance Selymus to the Empire only Cherseogleson and old faithful Bassa adviseth Bajazet to Chastise the Rebellion of his unnatural younger Son and to give him Battel wherein Selymus was overthrown and the greatest part of his Army Slain Achomates hearing of all the trouble had happened between his Father and Brother Selymus writes to him desiring him to dispatch his long Determin'd and Promised Resignation of the Empire Bajazet of himself still continued desirous of the Translating the Empire to Achomates and making no great Secret of it Commanded Galleys to be provided to Transport Achomates for that end from Scutari where he then was to Constantinople but the Bassa's and Souldiers Corrupted by Selymus's Money would not suffer him whereupon he writes to Achomates how the matter stood and that he should therefore return from Scutari to his old Charge of Amasia until he might with bounty win the Minds of the Souldiers and great Men to effect his advancement with less Danger Achomates thus deceived of his hopes Complained of his Father how he had deceived him and made him a By-word and Laughing-stock to the World and meditating either Revenge or Defence against his Brother raiseth an Army and on Contumacy when Commanded to Disband is by the Incitation of Selymus with his Party proclaimed Traitor by his Father and Bajazet is so over-persuaded by the Conspirators That he sends home for his younger traiterous Son Selymus Pardons him and makes him General of his Armies against Achomates the elder Son Selymus having received the Army they Corrupted by him Proclaim him Emperor Selymus thereupon Poisons his Aged Father Bajazet being almost Fourscore years of Age and Murders his Brothers and Five of his eldest Brother's Sons From whence may be observed 1. The Great Error of Bajazet who gave his younger Son Selymus a Kingdom and so great Power with it that he was able to be a Competitor against his eldest Son and to raise a Rebellion against himself which is Inconsistent with the Right of Primogeniture and Divides the Empire into many Empires 2. That Excessive Treasure given to a younger Brother gives him Power to Corrupt both the Council and Army of his Father who gave it him 3. Bajazet by setting the younger Son in Contention with he eldest he lost the Fidelity of both and was destroyed between them 4. He did very imprudently to promise his eldest Son the Resignation of the Empire and ought only to have declared him Successor after his Death 1 Bajazet by preferring his younger Son before his eldest exposed him to be Murdered unless he took Arms in defence of his Life but more Imprudently to break his Promise to him and thereby to Expose him a Publick Laughing-stock to the World and a certain mark to be Murdered by his Brother Selymus unless he took Arms in his own Defence to prevent it 5. That by probabillity if he could have effected the Declaring of his eldest Son Successor and given only Moderate Portions to his younger Sons as the Chynoys and Aethiopians Emperors gives theirs such miserable Murders might not have fallen on himself his Sons and Nephews The like Destruction is before observed to have
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
injoyed near Threescore years after Had Antonio been allowed equal Judges or the Law of God been the Rule of their Judgment or had he been allowed to have pleaded the Law of the Land and Custom of both Portugal or Spain for Natural Sons to succeed the Crown he needed not have looked for more Examples of Natural Children than those from whom King Philip himself derived his many Spanish Kingdoms and according to the Customs of Portugal Don Antonio a Natural Son Crowned King of Portugal Don Antonio was on the Death of Henry chosen and Crowned King of Portugal at Lisbon their chief City till Philip sent the Duke of Alva thither with a greater Army than the Portuguese had put Don Antonio to flight Overcome by Philip flyes to England whom the People had Elected King and within Seventeen Days subdued all Portugal Don Antonio thereon flyes into England where he is kindly received of Queen Elizabeth as descended of English Blood and of the House of Lancaster and having entertained him here divers years his Title of being right Heir to the Crown of Portugal is so far approved by the Queen and Council Queen Elizabeth approves his Title as right Heir to Portugal and the Protestant Doctrine That she gave leave to Sir John Norris and Sir Francis Drake to undertake an Expedition at their own private Charges requiring nothing of her but a few Ships of War who took along with them Don Antonio the Heir of the Kingdom of Portugal and of Souldiers Eleven Thousand and of Seamen about Fifteen Hundred And setting Sail from Plimouth the Fifth day of April they arrived at the Groyne of Galizia whereof with great Valour they took first the Lower Town and afterwards the Higher and after Sailing towards Portugal they met Robert Earl of Essex who without the Queens leave had put to Sea after two days they arrive at Penycha a Town of Portugal which they took and left the Castle to Don Antonio And from thence they march by Land towards Lisbon Threescore Miles off the Foot Companies led by Norris whom Drake promised to follow with the Fleet being come to the West Suburbs of Lisbon they found no body there but a few poor disarmed Portugals who cryed out God save King Antonio The day following the Spaniards made a Sally in which Skirmish Bret Caresly and Carre three stout Commanders were Slain yet did the Earl of Essex drive the Spaniards to the very Gates of the City And now having tarried here two Days and no likelihood of the Portugals revolting which Don Antonio had hoped but was not probable that the strict hand of the King of Spain then in full Possession on them should give them that Liberty sinding fresh Supplies to come into the Town their own Army Sickly Victuals and Powder failing and what was most of all Sir Francis Drake not bringing the great Ordnance as he promised They departed from the Suburbs of Lisbon towards Caseais a little Town at the Mouth of the River Tagus which Town Drake had taken this mean while who excused his not coming to Lisbon by reason of the Flats he must have passed and the Castle of St. Julian Fortified with Fifty Pieces of great Ordnance Near this Place they found Threescore Hulks of the Hans-Towns of Germany Laden with Corn and all manner of Munition which they took as good Prize towards their Charges in regard the Queen had forbidden them to carry Victual and Munition to the Spaniard From hence they sailed to Virgo a Forlorn Town by the Sea side and Pillaging all along that Quarter returned for England having lost in the Voyage Soldiers and Marriners about Six thousand yet not so much by the Enemy as eating strange Fruit and Distemper of the Climate on which I shall only further observe That Kingdoms are not so easily got again as they are lost and that the Disinheriting of the Natural Heir of the Crown of Portugal was the cause of the seizure and Conquest by the Spaniard of that Kingdom Foreign Princes when the Successor is uncertain will stir up so many antiquated Genealogies Antiquated Genealogies used to be raked up by Foreign Princes that every one may pretend a right to the Crown and it hath been already mentioned that there were no less than Five or Six to the Crown of Portugal no less than Ten Titles Foreign and Domestick in Scotland in the time of Basiel and Bruce and no less than Sixteen in England before the Death of Queen Elizabeth and how far Papist Foreign Princes will go when they have none nearer to draw Genealogies as high as the Man in the Moon and when they have no substance to raise the Ghosts of Titles again from their old Purgatories nor Kif nor Kin to the last Possessors appears by the next Example Hacket endeavours to raise a Papist Title to the Crown Richard Hacket was sent from the English Fugitives beyond Sea in the Reign of Queen Eliz. to perswade Ferdinando Stanly E. of Derby Son to Henry newly Deceased to assume the Title of the Kingdom of England by right of Descent from Mary Daughter to Henry the Seventh and threatning him unless he undertook the Enterprize and withal concealed him the Abettor he should shortly die in a most wretched manner But the Earl fearing a Trap was laid for him revealed it and Hacket was thereon Condemned and Executed for Treason but this Fellow's Threatnings proved not vain four Months after for then the Earl being in the Flower of his Age was miserably Tormented and Vomited Stuff of a dark rusty Colour being thought to be Poisoned or Bewitched There was found in his Chamber a little Image of Wax with Hairs of the Colour of his Hair which some thought was done on purpose that men should not suspect him to be Poisoned his Vomit so stained the Silver Andirons that it could never be gotten out and his Body though put in Cere-Cloths and wrapped in Lead did so stink and putrifie that for long time none could endure to come near where he was Buried Bak. Hist 402. When good Correspondence between Queen Elizabeth and King James of Scotland gave the Papists small hopes that ever he would prove an Instrument to restore the Catholick Religion they begun thereupon to bethink themselves of some English Papist that might succeed the Queen but finding none of their own Sect a fit Person they fixed their thoughts on the Earl of Essex who always seemed a very moderate Man and him they advised to have some right to the Crown by Descent from Thomas of Woodstock King Edward the Third's Son But the English Fugitives were for the Infanta of Spain English Fugitives seek to seâ— up a Title for the Infanta of Spain and to exclude all Protestants from the Crown and desiring to set the King of Scots and the Earl of Essex at odds they set forth a Book which they Dedicated to Essex under the Name of Doleman but