AMONGST all the spurious Brood the Press of late has so nume­rously spawn'd, and wherewith the Town has been so immoderate­ly pester'd, perhaps there is scarce a Pamphlet can pretend to have made a greater noyse, or met with a more general Applause than THE HISTORY OF THE SUCCESSION, &c. Insomuch that having heard it so much and so often commended, and that some people had so great a value for it, that they had taken the pains to get it without Book, I grew not a little desirous of reading what I thought would not have had so wel­come a Reception, if it had not been penn'd with a great deal of Faithfulness and Sincerity: for, tho' I must confess, I have no great opinion of an Argument drawn from matter of Fact, since if that were once allow'd a man of very indifferent Parts, and as slender Reading, would find it no very difficult Task to justifie the blackest Villanies; yet I assured my self, that if our Author did not industriously avoid being sincere and impartial, he could not but conclude the Crown of Eng­land to have always gone in the Sacred Channel of Birth-right and proximity of Blood, and that uninterrupted too, unless put violently out of its Course; either by some manifest Force from without, or some prevailing Faction from within.

But alas! I soon perceived how mightily I was mistaken in the man; for I found him in every Page taking so much pains to catch at every thing that might but any way advance his Design, or seem'd but to lean never so little towards his opi­nion; and every where so deligedly wresting and mis-representing those Authors whose Indexes, I doubt not, but have furnished him with all the Reading he has show'n upon this Occasion: for certainly if he had but taken a little more pains in reading the Authors themselves, he would not have had the Confidence to have so grosly imposed upon the World as he has done. When, I say, I had perceived with [Page 2]what intollerable dis-ingenuity he had all along managed his Design, I could not but conclude with my self, that if his very extraordinary Ignorance has not stood in the way of his Preferment, he had Malice and In pudence enough to entitle him to the honour of a Pillory.

Nor can the man deserve less that goes about to make people believe, that the Kingdom of England, but a few Ages ago was Elective, that His Majesty, (whom God long preserve) holds His Crown upon no surer Title than an Act of Parlia­ment; and that 'tis lawful for the Three Estates of the Realm to depose their King, and call him to an Account of his Stewardship, if he behave not himself to their content and satisfaction: for either this must be the consequ [...]ce of his Discourse, or nothing; for all his Arguments are drawn from matter of Fact (for the most part falsely represented too); and he tells us of two Kings that have been deposed: so that if from thence we may conclude, that because such things have been done they either were then or may now lawfully be done (which either our Author must prove to be true, or else acknowledge his whole Discourse an impertinent Scrible. I have not falsly accused the Writer of this Discourse I amabout to examine.

And although this might be allowed to be a sufficient Answer to this whole Pamphlet, since every one can tell him à facto ad jus non valere consequentiam; yet, because there may be a great many people in the World as willing to be deceived as he is to deceive, for I can believe none to be so ignorant, were they not violently bent upon it, as to suffer themselves to be imposed upon by so irrational and illogi­cal a Discourse, I suppose it will not be an unwelcome performance to those that are Lovers of Truth or Honesty, to see the Mask pull'd off from our Scribler, and his many and unpardonable (because designed) mistakes in his pretended HISTORY OF THE SUCCESSION laid open.

But before I proceed to examine the particulars, I cannot but take notice of one thing that may easily impose upon the unwary Reader in turning over our old Monkish Historians; I mean their very frequent mention of the Election of our Kings; which expression of theirs has given our Pamphleteer the most colourable pretence of any, to assert the Monarchy of this Isle to be an Elective One; but he that has taken the pains to look into the Body of their Writings more carefully than this Gentleman has done, will, I am sure, conclude that no good Argument can be drawn from a loose Expression or careless Word let fall from the Pen of any of our Monks, who must be confess'd by every one to be extreamly ignorant of Latinity, and the true propriety of Words, so that both false Grammar and gross Barbarisms are very frequent amongst them; besides, it will most evidently appear, that what they call'd Electing of a King, amounted to no more than an open acknowledgement or recognition of his Right and Title, since (as I shall make appear from the ensuing Discourse) they, upon several occasions, tell us of the right, precedent to all manner of Ceremony, that Kings of England have to the Crown, and both they and several Parliaments of different Complexlous and In­terests have declared the Kingdom of England to be Hereditary (as appears from se­veral Rot. Parl. 39 H. 6. n. 10, &c. Rot. Parl. 1 E. 4. n. 8, &c. Rot. Parl. tent' apud Westm' die Veneris 23 die Jan. An. Regni Regis Rich. 3. primo, &c. Records) and that the Crown, according to the Laws of God and Nature, does descend according to Birth-right and proximity of Blood; which, how it can do, and yet be Elective, I cannot for my life understand; so that whatever the present use, and the propriety of the word (Election) may make it signifie, yet I am assured the meaning of it in our Records and Historians must be what I have assign'd (to wit) A Recognition and Acknowledgement of the Person said to be elected, to be the true Heir to the Crown, to whom by Birth-right it is due.

But to come closer to the point: I agree that nothing certain has come down to us of the nature of the Government of this Island, before the Romans came hither, who found them governed by several petty Princes: but if we may give any cre­dit to what is related of the old Britains, and some Learned Men Sheringham de Anglorum gentis Origine &c. Hist. Britan. Desensio per J. Priseum Eq. Aurat. are persuaded we may, we shall find the Crown to be Hereditary.

But our Pamphleteer, by a strange way of arguing would make us believe, that during the Heptarchy, because they were governed by divers Laws, that therefore [Page 3]their Rule of Succession must be divers. as if because France, Spain, Moscevia, Den­mark and Sweden are governed by different Laws, that therefore they ought not to be Hereditary; however it seems he is convinced that some of those Royalties in the Heptarchy were not Elective, and if he would but please to read over the History of those times, and not rely too much upon Indexes, he would be convin­ced that the Crown in them all did constantly descend to the next Heir, unless he were unjustly put by either by some potent Neighbour, or powerful and popular Rebell.

At length seven Kingdoms were united under Egbert and his posterity, who suc­ceeded him successively by Hereditary Right, and so far are the Historians from constantly mentioning (as we are with a great deal of confidence told pag. 1.) that we hear not one word of it in any Historian of Account, till Edgar had put himself at the Head of his Brother King Edwy's Subjects, and had forced him to divide the Kingdom with him; and truly I cannot but admire the impudence, or at least ignorance of our Author, in telling us that Egbert came to the Kingdom of the West Saxons by Election, and that he was no way related to Brithric the last King, when I dare confidently affirm, that there is not one M. West. f. 145.—Rex—Brithricus—filiam Offae Regis Merciorum—in con­jugium accepit, cujas affinitate fultus Egbertum solum regalis prosapiae su­perstitem, quem regni sui utilitatibus futurum metuebat hostem, in Franci­am fugavit. Idem f. 155.— defuncto itaque Re­ge Brithrico, successit ei Egbertus in regnum 36 annis, qui ex regali illius gentis prosapiâ originem ducens, mul­ta potenter regna suo adjecit imperio. H. Huntingd. lib. 5. Flor. Wigorn. f. 563. An. 802. R. de Hoveden Annal. p. priore f. 413. Histo­rian but sayes he was next Heir, and only remaining Branch of that Royal Stem, and that upon Brithric's death he succee­ded him in his Kingdom, without the least mention of any Election; and I am sure a man can scarce look into any of the Monkish Writers, but he shall find a M. Westm. f. 166. cum multis aliis. Genealogy of this Egbert, one of whose direct Ancestors was Brother to the great Ina, King of the West Saxons, who was descended in a direct Line from Cerdie the first King of that people in England; but these kind of shifts, whether ignorant or malici­ous I determine not, are very frequent.

To Egbert succeeded his Eldest Son M. West. f. 155. — cui (sc. Eg­berto) succedens Aethelulphus filius ejus — 20 annis & 5 mensibus im­peravit. — Ethelwolf, not by Election but Birth-right, who, out of a mistaken Devotion, went to Rome, and carrying his youngest Son M. West. f. 158. Alfred, whom he loved above any of his Children, with him; and design­ing, if possible, to make him his Successor, he prevailed with the Pope to Anoint and Crown him King; which certainly was a very preposterous way of going about it, if it had been in the peoples power to chuse their King; for then the most natural way had been to make his Address to them that had the power in their hands; Ibidem — exorta est contra Regem praedictum magnatum quorundam con­spiratio, ita quod factâ conjuratione ab Aethelbaldo filio regis primogeni­to — quod à Româ repatrians nun­quam reciperetur in Regnum, causa— erat— quod filium juniorem Aelfre­dum, quasi aliis a sorte regni exclusis in Regem Romae secerat Coronari. but however this Action of the Fathers so much alarm'd the Eldest Son Ethelbald, that rather than he would so unjustly be deprived of his undoubt­ed Right, he resolved to deprive his Father of his Kingdom; and upon this specious pretence raised so strong a Faction against him, that the Father to bring him again to his Duty, was forced to share his Kingdom with him: and this Prince wisely considering that if he did not contribute toward the avoiding of it, his death might be the occasion of a great deal of Bloodshed amongst his four Children, by M. Westm. f. 159. Aethelulphus — de suo transitu ad vitam Universitatis cogitans, nè filii ejus post obitum su­um inter se disceptarent haereditariam scribere imperavit Epistolam, in quâ & regni inter filios Aethelbaldum & Aethelbertum — divisionem — procu­ravit, &c. & paulò postea; Aethelberto filiorum secundo Regnum Cantiae cum Sussexiâ concessit, filius ejus primoge­nitus Aethelbaldus in West-Saxiâ pro patre regnavit. his Will in his life-time he ordained, That his Lands should be distributed amongst his two younger Sons and Daughter, but his H. Huntingd. Hist. l. 5. f. 348. Aethelbaldo filio suo reliquit praedictus Rex nobilissimus (sc. Aethelusphus) Regnum Haereditatium Westsexe; Adelbricto filio suo alii reliquit Regnum Cantiae & Estsexe & Sudsexe. He­reditary Kingdom of the West Saxons he bequeathed to his El­dest Son Ethelbald, and the Kingdoms of Kent, Essex, and Sussex to his Second Son Ethelbert, to be held in Fee of his El­der Brother; and upon his death his Eldest Son Ethelbald suc­ceeded him according to his Fathers Will, & he dying issueless, Ethelbert as next in Blood sate upon the Throne, and so his [Page 4]two younger Brethren Ethelred and Alfred, by right of Inheritance, and according to proximity of Blood successively came to the Crown.

Upon the whole matter it may be, I think, reasonably concluded, not insisting upon the silence of History, from these two particulars, that the Kingdom was no­thing less than Elective; first, because it is irrational to think that Ethelmolf would have pretended to have appointed and nominated a Successor, if the Crown had not gone then by Birth-right. And in the next place I cannot conceive why Alfred, who was a kind of Flor. Wigorn. fol. 587. — Quo (sc. Aethelred) supra memoratus Ael­fredus, qui usque ad id tempus veni­entibus fratribus suis fuerat seconda­rius, totius regni gubernacula divino concedente nutu cum summâ omnium illius regni accolarum voluntate con­festim suscepit. Vicegerent to all his other Brethren, should wait their Death, before he took upon him the Government; for if the Choice of the people had been sufficient to entitle him to the Crown, he had never want­ed that, since he was their Asser. Menevens. in vit. Alfred. f. 7. —Quod (sc. Regnum) etiam vi­vente fratre suo, si dignaretur accipe­re facillimè cum omnium illius gentis accolarum potuerat invenire. Darling all along, especially if the Unction and Coronation by the Pope be considered, for that, though of no force or efficacy in it self, yet might have been easily improved into a most excellent and fair pretence: therefore I persuade my self, it was only the consideration of his Elder Brothers Right, according to the Laws of God and Nature, that deterred this Excellent and Learned Prince from being allured by the inviting and almost irresistable tempta­tions of a Crown, in prejudice of those that had a greater Right than himself.

But if such a Rule of Succession, as I am contending for, were in use at that time, how could Athelstan, Grandchild to Alfred succeed his Father Edward the Elder, to the dis-inherizon of his Brother Edmund, if he, as this Gentleman would have us believe, were a Bastard? but what if there be no such thing? for I for my part cannot find that he was: if our Historiographer have any Author besides Polydor by him that the World has not yet been blest with the sight of, he would do well to produce him for the publick good; but till then, since I have got some Flo. Wigorn. f. 598. M. Westm. f. 184, W. Malmesb. l. 2. c. 6. f. 76. good Writers on my side, I may, without any disparagement to the Gentlemans remark­sincerity and faithfulness, hold Athelstan to be as legitimate as himself.

The next instance he gives us to shew that the Crown descended not according to proximity of Blood is Florent. Wigornens. f. 604. M. Westm. f. 188. Defuncto itaque Edmundo— Edredus frater ejus — regni diade­ma — suscepit — reliquit quoque duos filios haeredes legitimos Edwi­num & Edgarum, qui repugnante illegitimâ aetate patri succedere non valebant. R. Hoveden. par. 1. f. 423. W. Malmesb. l. 2. c. 7. f. 55. Edreds Succession to his Bro­ther Edmond, though the deceased Prince had left two Sons behind him: but he forgets to tell us they were Minors, and upon that account their Uncle (the Office of Protector being not then in use) was Crowned King; tho' by this odd Custom, it often happen'd that the lawfull Heirs were deprived of their Right; for notwithstanding they were under an Obligation to resign as soon as their Kinsmen came to Age, yet so strong were the Temptations, and so sweet the Enjoyment of a Crown, to an ambitious Soul, that rather than they would submit to a just resignation of that which was but committed to them in Trust for another, they would break through all Laws Humane and Divine to maintain that by Force, which, contrary to Reason and Justice, they had usurped.

But however in this case it happen'd otherwise, for Edred dying very opportune­ly, was succeeded by his Nephew Edwy: he after a short, but troublesome Reign, had his Brother Edgar for Successor; who, having governed his Subjects in peace and plenty, and to his own Eternal Honour, left the Crown to his Eldest Son Brompton. f. 872. M. Westm. f. 193. Edward (who on the account of his barbarous and cruel Death contrived by his inhumane Step-mother, was afterwards called the Martyr) But his Coronation was a little obstructed by a Faction of the Nobility, who endeavour'd to advance Ethelred to the Throne, being animated thereto by Alfdritha his Mother, that she, during his minority (for he was but seven years of Age) might satisfie her Ambi­tion by domineering it over the Kingdom, M. Westm. ubi supra. Ʋt potius sub ejus nomine regnare vi­deretur; for they pretended that Edward was illegitimate, and therefore ought not to be preferr'd before his Brother Ethelred, who was the true Heir to his Fa­ther, and to whom therefore the Crown was dire, so that the dispute was not [Page 5]who should, but who ought to be King; nor was it carried by Interest in favour of Edward (as our Pamphleteer would persuade us) but by right; for Dunstan, Archbishop of Canterbury, being fully satisfied of the justness of his Title, without suffering a thing so clear, any longer to be debated, according as his Father had commanded ( M. West [...] ubi supra. Fl. VVigorit. f. 605. ut pater ejus moriens dictitaverat, are the very words of the Historian) consecrated Edward King; which he surely durst never have done, if he could have derived his Right from no other Original than the Choice of the People.

But tho' none of those Instances alledged by him yet are of force enough to prove what he produced them for, yet we are not to suppose a man of his Infinite Reading cannot find out something that, at a dead lift may serve his turn; and truly I cannot but admire his excellence that way: he has had the good luck to hit upon the most admirable passage, and so pat for his purpose, that 'tis impossible to match it in any of those most incomparable and delectable Histories of Montelion, Knight of the Oracle, Amadis of Gaul, Parismus and Parismenus, there's nothing in them either for pleasure or astonishment, but comes a Mile behind what this Gentleman's Author, the Canting Abbot of Rievalis can help us to, and to the everlasting credit of his Wit and Invention be it spoken, his Life of Edward the Confessor, from one end to the other, is as perfect Romance as any of 'em: and truly amongst all his Romantick Tales, and I assure you they amount to no sinall num­ber, this of Choosing of Edward by the Estates, whil'st in his Mothers Womb, is one of the most improbable. For, not to insist upon the universal silence of all our Historians in this matter, which, if any such thing had been, it would have been a most unpardonable fault in them not to have mention'd, not, I say, to insist upon this, No man certainly in his right Wits can think so wise an Assembly, as was composed of all the Noblemen of England, could be guilty of so much folly and madness, as to choose a Child, and that unborn too, for their King, and reject several brave and worthy Princes; since they could not be ignorant how many in­conveniencies and Convulsions a People are subject to whose King is a Child; and they could not rationally expect the Father would live till their future Monarch was past his Minority; besides, the Kingdom being actually invaded by the Danes, stood then in need of a Prince that was Active, Prudent and Valiant: and, as I think, they could not be reasonably suppos'd guilty of so extreamly foolish an Acti­on, so neither in my mind ought we to be so uncharitable as to imagine them so prodigiously wicked, as that, contrary to all Equity and Justice, they should after­wards as basely forsake and reject, as they had rashly, tho' solemnly, chosen the poor Prince; surely none can believe they can stand chargeable with two Crimes of so great a magnitude. For my own part I cannot be persuaded that this Gentle­man can be so senseless as to believe so evident a Forgery, or that he would have had the confidence to have made use of it, had lie not devoted himself to buoy up an Interest, that is able to support it self upon no better grounds than a com­pany of specious and plausible, but for the most part very shallow pretences.

Ethelred being dead, Fl. VVgorn. f. 616. M. VVestm. f, 203. Canutus by the terrour of his Arms, having the greatest part of the Island at his devotion, forced them to acknowledge and receive him for their King, which they being under an apparent Force, could not choose but do, which, notwithstanding this Gentleman is pleas'd to call an Election, but how ridiculously, I leave to every man of sense to judge; but however the City of Soli Cives Londinenses, & pars No­bilium qui tunc temporis ibidem per­manebant, Edmundum filium Regis, ferreum latus in Regem unanimiter exclamaverunt. M. Westm. ubi supra. London, and that part of the No­bility that was there, stood firm to Edmond Ironside, Eldest Son and Heir to the deceased King, and received him for their Sovereign, as they were in Duty bound; but at length these two Princes being grown weary of the War, after a Duel sought between them, to avoid the effusion of more Blood, they came to this M. Westm. f. 205. Con­clusion, That the Kingdom should be divided betwixt them, each peaceably to enjoy his share.

But upon the Death of Edmund, the M. VVestm. ubi supra. Fl. VVigorn. f. 618. — Verum illi, restante Deo, falsum perhibuerunt testimoni­um, & fraudulentes mentiti sunt, ex­istimantes illum sibi & mitiorem esse propter mendacium eorum, & se ab eo praemium sumpturos magnum, ex quibus falsis testibus quidam post non longum tempus ab eodem rege sunt interfecti. Dane, being resolved to admit of no Co-parter in the Government of this Island, summons all the Great Men, and very cunningly (as if he had been ignorant of the matter) demands of them whether or no by the Agreement made betwixt him and the late King, it was Provided, That the Sons or Brethren of Edmond should succeed him during his ( Canutus's) Life; but he was answered by 'em, That they were ignorant of any Provision made for his Brethren at any time; but this they were sure of, That Edmund on his Death-Bed had recommended the Care and Protection of his Children to him, till they came to Age capable of the Government of his King­dom: but, sayes Florence of Worcester, God knows they bore false Testimony, and ly'd falsely; but they thought by this means to intitle themselves to some great re­ward, or at least to a Room in his Favours and Affections; but after by this means he had obtained the Crown, they found themselves mistaken; for, he wisely con­sidering that such Time-serving Polititians as had betray'd their true Master's In­terest, would no longer be true to his than it stood with their convenience, there­fore he soon found means to cut most of 'em off; a true and just reward for their disloyalty.

Canutus being dead, and having appointed his youngest Son Hardicanute for his Successor by his Will (it seems Princes in those days took upon them the disposing of their Crowns, without asking the consent of the people) his Second M. VVestm. f. 209. VV. Malmesb. l. 2. c. 12. f. 76. Flor. VVigorn. 622. Son Ha­rald, as having the advantage by seniority of Birth, laid claim to the Crown, asserting that he being Elder Brother and Legitimate (which, by the by, was false, but however it serv'd his turn for the present) it was not in his Fathers power to rob him of his Birth-right; to determine therefore the justness of his Title, a great Council was assembled, where the business ( viz. who had the greater Right to the Crown) was very warmly debated on both sides, and was at length deci­ded in favour of Harald, he having the greatest part of the Nobility and the City of Qui jam pe­nè in barbaro­rum mores propter fre­quentem con­victum transi­verant. VV. Malmsb. ubi supra. London, which was then by the long continuance of the Danes there, degene­rated into barbarism: and tho' this Gentleman would make us believe this was an Election; yet I am persuaded it was nothing less, because the point in Controversie was, who had the most Right and best Title to the Crown: besides, if we may give Credit to the Brompton f. 932. Historian, who sayes, Placitum magnum de regni Successione apud Oxonium factum est; it was only a bare pleading and arguing the justness of Harald's pretences, — quafi justus haeres (sc. Haral­dus) regnare, nec tamen ita potenter ut Canu'us, quia justior haeres expe­ctabatur Hardicanutus: (which how it could be, and yet the Kingdom be Ele­ctive, I cannot conceive?) F. VVigorn. ubi supra. who by the corruption and partiality of the Judges got the day, notwithstanding all the endeavors of Q. Emma and Earl Godwin, who objected Harald's illegitimacy, and the Will of the deceased King (so far were they from endea­vouring to make any court to the people, for the procuring of theirs, that they only desired their assent to the justness of his Title, which certainly in an Elective Monarchy no man can pretend to:) but Harald being sensible how unjustly he had obtained the Crown, used a great deal of Address and Cunning to cut off all his Competitors; and it was the hard Fortune of poor Alfred to fall into his cruel hands by the treachery of Earl God­win, and was presently after most barbarously murder'd: and yet our Pamphleteer has the impudence to tell us, That the Nobility, after the expulsion of the Danes proceeded to Elect him, which is as notoriously false, as a great many more of his Forgeries.

But Harald Harefoot being dead, to make some amends for their former unduti­ful carriage, they send to M. VVestm' f. 110 Fl. Wigorn. 623. Hardicanute, then at Bruges, an offer of the Crown, which he before had been unjustly deprived of; which he accepts, and comes im­mediately into England to be Crowned; so that all this while we find not so much as one pretence of believing this Kingdom to be Elective.

After his death, the English grown weary of the Danish slavery, at last re­solve [Page 7]to return to their Duty, and restore the Saxon Line to the Crown it had so long been, contrary to all Law and justice, kept from the possession of; in order to which they enter into a joint Brompt [...]. 934 Association, and resolve to stand by one another (as the modern phrase is) with their Lives and Fortunes in depriving, for ever, the Danes of that Government they had no pretence or right to, but what the Sword gave them. Nor can this be any Argument for the Power of Parliaments in dispo­sing of the Succession, for what was done by the Great Council then, was but their Duty, since they were bound in Conscience upon the first opportunity to en­deavour the ejection of an Usurper, and the Restauration of the true Heir to the Throne of his Fathers.

In pursuance to this Resolution, it not being well known what was become of Ironside's Children, or if it were, they being at that time in Hungary, and having few or no Friends to assert their Right, by the Power and Interest of Earl God­win, whose Daughter Edward had married, the F. nigorn. f. 624. M. VVestm. f. 212. VV. Gemiti­cens. de Duci­bus Norman. in vit. Guliel. Conq. c. 9. Confessor as the lawful and next Heir, was advanced to the Crown; but he, good Prince, knowing the Right his Nephew had to the Crown, sends for him home, that after his death he might succeed in that Kingdom, which Jure Haereditario ei debebatur, sayes one of our most considerable M. VVestm. f. 221. Fl. Wigorn. f. 633. W. Malms. c. ult. lib. 2. f. 93. ut aut ille aut filii sui succedant regno Haeredi­tario Angliae. Historians, was due to him by Hereditary Right: and if so, how could the Government be Elective? Nor was there any danger like to accrue to Edward by this, since not only the memory of so great an Obligation as this was, would keep him from attempting any thing in his Uncles prejudice; but if he had any such Design, he being so great a Stranger, would want a sufficient Interest to bear him out. But, he dying presently after his Arrival, his Eldest Son Edgar was look'd upon by every one to be Heir Apparent to the Crown, which all our M. VVest. f. 221. M. Paris. f. 2. &c. Historians with open cry tell us was his due by Birth-right; nay, so com­monly was the opinion received, that he was vulgarly called Atheling, which what it signifies, we shall best be informed by an Old English Poet: speaking of the endeavours of some Honest and Great Men to have had this Edgar crowned ac­cording to Law, Justice and Equity, in this manner:

And since this Edgar had no Title to the Crown, upon the Account of any Election, but by Right or Blood and Inheritance, which are things altogether incompatable with an Elective Government, I cannot for my Life understand, how any man can find any thing to favour my Adversarie's Opinion.

And tho', his Party not being strong enough to assert his Right, he was put by, by M. Paris. f. 2. Fl. wigorn. 633. Harald, Earl Godwin's Son; yet every Body must acknowledge, it was most unjustly done; since Harald could neither pretend right of Blood, nor Ele­ction: For it was so far from that, that he, contrary to the Rights of Holy Church, without any Ceremony, and without expecting either the Votes of the Nobility, or the Assistance of the Prelates, he set the Crown upon his own Head, nor durst any body gain-say it: W. Gemiticens ubi supra. For he had a great part of the Land of England in his own Possession; but were — Extortâ fide a majoribus sibi regnum (ut iujurias suas acumularet ampliores) diadema sine ecclesiasticâ authoritate imponendo asseruit. M. P. ubi supra. forc'd and compell'd for fear, to swear Allegiance to him: But at length, he met with a just Reward for his Disloyalty, losing both his Crown and Life at once, to Duke William, who had as little Right as he.

And thus, I hope, I have made it clearly evident, that my Antagonist has been wretchedly mistaken in all his Instances, during the Saxons Government; and tho' he pretend, he pick'd but a few out of the many he could have produced; yet without disparagement to his exquisite Discernment, I think I may truly say, he must have had a great deal better Eyes than my self, to have found them, and [Page 6]a great deal more Dexterity than I can perceive he is Master of, to have by wrest­ing and Wire-drawing, the meaning of his Authors, made more.

But tho' he may have had ill luck hitherto in his Undertaking; yet perhaps he may succeed better in his Endeavours, after the Normans had made themselves Masters of this Island; but I am afraid, when we come to examine, How, and in what manner, and upon what Grounds, the Natural course of the Descent hath been changed? We shall find very little reason, not still to seem astonished at the boldness of the men, who would persuade us, that a Link of the sacred Chain of Succession may be broke so often as a Parliament thinks fit: For if we look but with an impartial Eye upon the History of those times, we shall find, that such a course of Successi­on as I am contending for, has been constantly conserved, unless diverted out of its duc Channel, by some powerful and ambitious Prince, who by Cunning, Sub­tilty, Artifice and Address, and by the Assistance of some Popular Friend, has jugled himself into the Throne; and tho' we find some of them debasing their Prerogative, truckling to, and courting the People for their Approbation, there­by hoping to strengthen a crack'd Title, and make up in Power, and their Fa­vour what it wanted, as to its Legality, I presume, no man, of even Common Sence, can take that for an Election, since it ought to be a Solemn, Free, Sedate and deliberate Act; which I am sure, none of my Adversaries Instances can pre­tend to be: Besides, it seems very strange to me, that the Kings of those Times, should Intitle themselves to the Crown, only from the Consent of the People; and that we should no where find mention of Vicar Gene­rals, they are stiled in the Empire. Administrators of the Govern­ment, betwixt the Death of the preceding King, and the Election of his Suc­cessor; since, without such a Provision (and such a one, I am sure there never was) the Kingdom must necessarily have run into Anarchy and Confufion; espe­cially if the Crown were engaged in a War at the Death of any King, which has above once happen'd; therefore I think my Lord Coke In the Pre­face to his fourth Book of Reports. had reason for saying, This Kingdom is a Monarchy successive by inherent Birth-right, of all others the most abso­lute and perfect Form of Government, excluding Interregnums, and with it infinite Inconveniencies.

But proceed we now to examine his Proofs; and first he tells us, King William himself being illegitimate, yet succeeded his Father in the Dutchy of Normandy; and therefore had no great reason to set any great value upon that sort of Title, which is derived from Right of Blood. But if he had pleas'd to have examin'd the mat­ter a little more narrowly, he would have found, that M. Westm. f. 208. W. Malmsb. lib. 3. f. 95. Arlotte the Conqueror's Mother, was afterwards lawful Wife to Duke Robert, which subsequent Marriage was according to the then almost univerfally received Canon Law, not only sufficient to render him Legitimate quoad Sacerdotium; but quoad Successionem too; tho' the latter was not allowed of in England, propter consuetudinem regni, quod se ha­bet in contrarium; so that at a Parliament holden Coke 1 Inst. f. 245. a. Anno 20 H. 3. for that to cer­tifie upon the King's Writ, that the Son born before Marriage, is a Bastard, was contra communem formam Ecclesiae, Rogaverunt omnes Episcopi magnates ut consentirent, quod nati ante Matrimonium essent legitimi sicut illi qui nati sunt post Matrimonium, quantum ad Successionem haereditaniam, quia Ecclesia tales habet pro legitimis: & om­nes Comites & Barones una voce responderunt, Quod nolunt leges Angliae mutare, quae hucusque usitatae sunt & approbatae; but how it can reasonably be extended to Nor­mandy, I cannot understand, for then William had been excluded.

But to go on, William having conquer'd this Island, which he pretended to upon the account of the Confessor's donati­on: upon his Death-bed bequeathed the Kingdom of England to his Second Son William, his Eldest Son Robert being then in actual Rebellion against him; but Rufus being too wise to rely upon his Fathers Will, which was contrary to all Right and Justice, M. Par. vit. W. 2. in prin. P. Virg. lib. 10. Posts away out of Normandy immedi­ately into England, seises upon his Fathers Treasure, and ve­ry In pecuniâ dispergendâ neque seg­nis, neque parcus omnem Thesaurum patris Wintoniae accumulatum, in lu­cem proferens Monasteriis Aurum, Ecclesiis Parochianis Argenti Solidos quinque, unicuique provinciae libras centum, egenis dividendas misericordi­ter assignavit. M. P. ubi supra. liberally bestowes it amongst the people, giving Gold [Page 7]to the Monasteries, five shillings to every Parish Church, and a hundred pound to to every Province, to be destributed amongst those that were needy and in want; promises over and above an emendation of the hard Laws his Father had imposed upon his Subjects, and a speedy redress of the Grievances which then the People groan'd under; by which specious pretences, and by the assiduous endeavours and great interest of M. Par. vir. G. 2. in prin. P. Virg. l. 10. Lanfranck Archbishop of Canterbery (for the Clergy in those days had no small influence upon Affairs) he so far prevailed with the generality of peo­ple, that, according to his Fathers will, which was very much urged in his favour, he was received with the Shouts and Acclamations of the Croud; where he was immediately proclaimed, and soon after Crowned King; but in spight of all their endeavours, they were not able to corrupt the Loyalty of some stout and generous M. Paris. ubi supra. M. Westm. f. 231. Normans, who, as in duty they were bound, resolved to stand firm to Robert, to whom by the Laws of God and Nature (supposing the Conqueror had lawfully enjoy'd the Crown) the Royalty was due; but their brave undertaking was ren­dered uneffectual by the policy of William, who found means to take some of them off, and by the assistance of the Sim. Dunelm. anno 1088. fol. 214. English, to reduce the rest. And here this Gentle­man takes occasion to observe, that the Conqueror by his absolute Victory, did not so wholly break the English, that all the Old Laws and Customs were de­stroy'd, because they wanted not hands to use those Weapons which were put into 'em for the defence of Rufus: and thence, I suppose, infers that the Conqueror came not to the Crown, so much by Arms as Consent of the People: but how senseless and rediculous a pretence this is, I leave to himself to judge, since a sure and faithful — Ut commilitonibus Nor­mannis qui in bello Hastingensi patri­am secum subjugaverant, terras An­glorum & possessiones, ipsis expulsis, manu distribuat affiuenti: & modi­cum illud quod eis remaneret subjugo poneret perpetuae servitutis. M. Par. in vit. W. 1. in prin. Historian will inform him, that William having left the English Hostages in safe Custody in Normandy, return'd into England to destribute the Lands of the English amongst his Norman Souldiers that had assisted him to subjugate that Country, which he did very liberally, having expell'd the owners out of their possessions, and that little he was pleas'd to leave to some of 'em, he put under the slavish Tenure of perpetual Villenage; which certainly he never could have done, had he not both obtained and governed the Kingdom Jure gladii. But to return from whence I have digressed; Rufus and his Brother Robert came to this Agreement, at the length that the latter, — Propter manifestum jus quod ha­buit ad Regnum possidendum, Roberto singulis annis tria millia Marcarum Argenti daret ab Anglia, & quis corum diutius viveret Haeres eslet alterius, si absque filio moreretur; Hoc autem per duodecem magnates juratum suit utrin­que — M. Westm. f. 236. because of the manifest right he had to enjoy the Crown, should have a yearly Pension of three thousand Marks out of the Revenue of England; and he that surviv'd the other, if he died without Children, should be Heir to the deceased Brother: and so far were they from thinking this Agreement stood in need of the Ratification of a Great Council, that there was but Twelve of their Principal friends on each side Sworn to see it duly observed.

But Robert being absent in the Holy Land, at Rufus's death the great men of the Kingdom were mightily afraid of being long without a King (it seems they were of opinion that Robert had a right to govern) which Henry his Younger Brother wisely perceiving, resolved to take time by the Fore-top, and improve this Opportunity to the Supplanting of his Brother, and Advancement of himself; therefore to win the Affections of the Great Men, he was very liberal in making them P. Virg. lib. 11. partim dando, partim grandia polli­cendo mune­ra, &c. Presents, and promising larger Rewards (the usual and most prevailing Rhetorick of Competitors) representing to 'em his Brother's Cruel Disposition, and that he himself was their own Country-man, and born after his Fathers coming to the Crown which gave a reasonable pretence to expect to be prefer'd before Robert; and having bound himself by Oath, to make a full Restitution of all their Ancient Laws, and confirm them by his Charter, and abrogate such severe ones as his Father had made, they did — In ipsum consentirent, & in regem u­nanimiter con­secrarent.— M. Par. vit. H. 1. in princi pio. unanimously consent to consecrate him King, and I cannot see how this that was managed with so much Bribery and Corruption can proper­ly be call'd an Election; however, I think we need not wonder to find this King publickly owning the consent of the people to be the foundation of his Advance­ment [Page 10]to the Throne: for he must either acknowledge that, or openly profess himself an unjust Usurper, since he had no other way to entitle himself to it but that. But what his thoughts were, as to the justness of that Title, M. Paris, after he has told us that the Enterview between the King and his Brother Robert, in order to compose their differences (for the latter had laid claim to the Crown as his Birth-right, and had no inconsiderable Party to back him in it) had proved ineffectual, and that the breach was thereby rather widened than lessened, Rex itaque Henricus sentiens Consci­enciam suam in obtentu regni caute­riatam, erat quippe eleganter litera­tus, utpote a primaevâ aetate praecepto Patris addictus literis, & jam in jure quod audiverat, secretò expeditus, cepit iu semetipso impetus insurgen­tium formidare; & Dei justitiam in ipsum fulminare, eo quod fratri suo primogenito, cui Jus Regni manife­stè competebat, temerè usurpando, Injustè nimis abstulerat; sed plus ti­mens homines quam Deum, Regni Nobiles primò subdolis pollicitis in­clinando conciliavit, cogitans postea perfundationem Abbatiae, quam con­struere proposuerat, de tantâ injuriâ Deo satisfacere. M. Par. vit. H. 1 An­no 1104. informs us, that Henry who wasb both lately instructed in the Law concerning this point, and otherwise very learned, feeling the stings of Con­science for his unjust obtaining of the Crown in prejudice of his elder Brother, he began to be afraid of his Adversaries, and to fear the just Judgement of God Almighty, for depriving him of, and wickedly usurping (it seems the Election of the People could not render him guiltless of so foul a Crime) that Kingdom which he had a manifest Right to; (so that the people were ve­ry far from having a power to deprive the one of his Birth right, much less to confer it on another). But he not­withstanding all this, fearing man rather than God, endea­voured to incline the Nobility to his party by crafty promises, hoping to satisfie God for the Commission of so great an In­jury, by founding a Religious House. (A strange way, you will say, of attoning for so horrible Impiety.) And thus you see what a slender Opinion this wise Prince, (who had as much reason to set a Value upon it, as any one) had of a Title that was built upon no surer Bottom, than the Choice of the People.

Henry fearing least some body might do as much for his Son William, as he had done for his Brother; having call'd a Council, made all his great Men swear Faith and Allegiance to him ('tis M. P. s 66. Gervas. Chron. 1138. fecit jurare in the Original; tho' our Pam­phleteer would fain insinuate the contrary) But William being dead in the 27th. year of his Reign (as we are inform'd at large from W. Mâlmsb. Hist. Novel. l. 1. f. 175. Malmsbury) Henry calls a Council, and having opened the justness of his Daughter, the Empress Maud's Title to the Crown, as being descended on one side from William the Conqueror, and deriving her self on her Mother's Side, from the Blood Royal of the Saxons, who in a long continued, and uninterrupted Series, of Kings lineally Succeeding one another, had enjoy'd the Crown till the Arrival of the Conqueror; he commands all there present, of any Moment, to swear Fealty to his Daughter: And W. Malmsb. Hist. Nov. f. 177. Anno 31 regni sui Rex Henricus re­diit in Angliam, Imperatrix quoque eodem anno natali solo adventum ex­hibuit, habitoque non parvo proce­rum conventu apud Northampto­nam, priscam fidem apud eos, qui dederant, novavit, ab iis qui non de­derant accepit. again, in his 31. year he called another Council, and made all those that had sworn before, renew their Oath, and took it of those that had neglected it before. Which to me is clear Evidence, that this was nothing less than Election of the Empress for their future Sovereign, since 'tis very unlikely, they needed have perform'd that Ceremony more than once, much less twice in four years: besides, here is no mention of cho­sing, or any thing like it; but only of swearing Faith and Allegiance; to which add, that this Council here, and all along before, spoken of was composed only of such persons as were Tenants in Capite to the King.

Yet notwithstanding all this care, upon the death of the King her Father, Maud was most unjustly deprived of her Right, and by him too that always had been the first man that sware to the contrary: For, Stephen P. Virg. l. 12. M. Par. vit. Steph. An. 1135. being a man of great Resolution, and a very good Souldier; whereby he had acquired no small reputation, and gain'd a very considerable Interest; and being assisted by several of his Friends, and more particularly Henry, Bishop of Winchester, he thought it would prove no hard matter to set the Crown upon his own Head; but at the first discovery of his Design, a great many of the Nobility were extremely startled at the Horrid Impiety of the Man; which, he perceiving, began to soften 'em with fair words and large [Page 11]promises of future rewards; but that which did him the best service, was ready money, a Golden Bait that seldom fails of being swallowed by all to whom 'tis proffer'd. He obliged himself moreover, to consent to such good and gen­tle Laws as they should devise; and so by these Arts, and the restless endeavors of his Friends, he made a shift to squeeze himself into the Throne, contrary to his repeated and solemn Oaths to the contrary, and all Laws Divine and Humane; and yet this has the good luck to pass, with this Gentleman, for an Election; but certainly, he must take his Readers for either Fools or Mad-men, to think they would be imposed on by such silly Cheats as this.

Stephen had come to the Government too unjustly, to be like to continue in it long without Disturbance; for presently the Empress endeavor'd to recover and re­gain that right she was so impiously deprived of; and after various Fortune of War, she having resigned her right to her Son Henry; Stephen and he, by the Interces­sion of several good and Holy Bishops, came to a final Agreement. God looking down upon the Justice of Henry's Cause, Stephen in an Assembly of a great many of the Bishops, and other Great Men, Rex Stephanus— recognovit, in con­ventu Episcoporum & aliorum regni optimatum, quod jus Haereditarium Dux Henricus in regnum habebat: & Dux benignè concessit, ut Rex Ste­phanus totâ vitâ suâ, si vellet, Reg­num pacificè possideret, &c. M. Par. vit. Steph. 1153. f. 86. M. Westm f. 246. acknowledged, that Henry had an Hereditary Right to the Kingdom; (and if so, I would fain know, with what Justice the people can pre­tend to any power of disposing of the Crown?) and he was graciously pleased to grant, that Stephen, as long as he liv'd, if he were so minded, might still enjoy the Government; and then those present, were sworn quietly, upon the Death of Stephen, to receive Duke Henry, as their Natural and Law­ful Sovereign.

And accordingly, upon Stephen's Death, Henry being both lov'd and fear'd by every one, came very calmly to the Throne; and he having sufficiently expe­rienc'd what an alluring Temptation a Diadem is; and that Men of Pride and Ambition, make no Conscience of breaking through all Obligations and Ties, that may obstruct their Advances to so glittering a Bait, thought the only way to secure the Crown, without Dispute, to his Eldest Son Henry, was to set it upon his Head before his Death; but before that time came, he had sufficient cause to repent his Choice of this unfortunate Course. However, this my Anta­gonist would have thought an Election of the Young Prince to succeed his Fa­ther, without which he could not pretend to it; but if he do but look upon that very Author Gervas. H. 2. f. 1412. Ipsâ die Hen­ricum filium suum qui eadem septima­nâ de Normanniâ, militem fecit. sta­timque stupentibus cunctis & miranti­bus in Regem ungui Praecepit & coro­nari — coronatus itaque novus rex ex praecepto patris sui, succepit fide­litates. he has quoted, he will find, if he have any remains of Modesty in him, what Reason he has to blush at his Disingenuity; for he will there find, that the great men were afraid they were call'd to give an account, and suffer the King's Censure for several unjustifiable Neglects they had been guilty of (surely either this Council was very far dif­ferent from what we call a Parliament now; or the Times are strangely alter'd with 'em) but when they found 'twas only to assist at the Coronation of Young Henry, they were right glad; they all the time being filled with Wonder and Amazement; they being so far from pre­tending to any power of Election, that they only look'd on, and then sware Feal­ty. Besides, M. Paris vit. H. 2. Anno. 1170. M. Paris tells us, that the King having call'd his Bishops, com­manded them to set the Crown upon young Henry's head, without taking any notice of any others, as if there had been none present but they; which he cer­tainly would never have done, if so solemn a Ceremony as an Election had been necessary.

Henry was succeeded by Richard his Eldest Son, living at his Death; without any provision made in his Fathers life time, in order thereto from the consent of the people, unless he will call an Article of Peace between King Henry and the King of France one: and certainly he must mean that if any thing, when he sayes his Father was glad to get the Succession confirm'd to him; but by this it [Page 12]was only Provisum est etiam quod Comes Richardus acciperet Homagia homi­num de omnibus terris Patris sui citra mare & ultra. M. Paris f. 151. Provided, That Richard should receive Homage from all his Fathers Subjects: but for all this, he tells us, That he was again Elected after his Fathers Death; which to mee seems very strange, for one would have thought one Election would have serv'd his turn; but 'tis like the rest of his incoherent Discourse: besides, I cannot believe King Richard would after­wards have taken upon himself to declare his Nephew Flor. Hist. Anno 1190. M. Paris vit. R. 1. An. 1190. [...] his Heir, unless he had known that the Kingdom was Hereditary, for in an Elective Monarchy there can be no such thing.

But notwithstanding King Richard being kill'd at Chalize, he was most unnatu­rally put by his Right by his Uncle M. Paris. An. 1199. in. vit. Johan. John, who immediately seized upon his Bro­thers Treasure, and retaining all his Servants and Stipendiary Souldiers in their former Condition, he comes into England after having very generously distributed his Money amongst those, that he thought were capable of doing him any Ser­vice, and having first sent several of his Principal Friends thither, who made the people swear Allegiance to him; tho' at first he met with some rubs in his way, from some Loyal and Brave Persons who adhered to Arthur, as their Natural Liege Lord (as the M. Paris. ubi supra. Historian expresses it) alledging, that, according to the received Custom, Arthur the Son of the Elder Brother ought to succeed into that Heredi­tary Patrimony his Father Geofry should have enjoy'd, had he outliv'd his Brother King Richard; but having call'd a Council of all those, M. Paris ubi supra. Qui ejus Coronationi inter­esse debuerant, Archbishop Hubert made such a Speech to 'em, as (he sayes truly) would have startled the Convocation in 1640; but it sounded as strangely to those then present, to hear him assert, That no one could have any Title to the Crown, Nisi ab universitate Regni unanimiter electus, and to run on at so notori­ously false and extravagant a Rate: but he being a very Potent Man, both the King and the rest were forced to hear him patiently, but with no small concern, that a man of his incomparable Wisdom, and so considerable a Pillar of the Common-wealth should openly maintain so strange a Doctrine; but none were so deeply touched as those good and honest men, who being fully persuaded of the justness of Arthur's Title, were extreamly surprized to find a Clergy­man and Archbishop the principal — Aut fraudandi Arthurum op­timum Adolescentem, avito regno, aut contra jus fasque Johannem regem cre­andi, authorem esse. Pol. Virg. lib. 15. in princ. Actor in depriving the poor Prince of that Hereditary Kingdom, which by Birth-right was his due, contrary to all Law and Justice, setting the Crown on John's Head.

But the business being over, the Achbishop was asked why he would, in the face of the Sun, offer to deliver such false Principles; upon which the Good Man, not well knowing how to give an handsome Reply, ventures up­on defending, or at least excusing one Lye by another; tel­ling them Respondet se praesagâ mente conjecturare, a quibusdam oraculis edoctum & certificatum fuisse, quod ipse Johannes Regnum & Coronam aliquando foret corrupturus, & in magnam Confusionem praecipitaturus, & ne habeat liberas habenas hoc fa­ciendi ipse Electione non Succes­sione Haereditariâ, eligi debere affir­mabat. That his mind did not only forebode it, but he was inform'd in a Dream from God, that one day this John would prove a very ill Prince; and therefore he deliver­ed that Doctrine, tho' false, that John remembring by what Tenure he held his Crown, might have a Check upon him, to prevent his running out too far in his Extravagancies: so that he having acknowledged what he then delivered to be false; the contrary must needs be true; for there is no medium betwixt them; and all this consider'd, you may see how much Reason you have to admire the Gentleman's Candor and Sincerity in relating this Transaction.

But King John had not enjoy'd the Crown long, but he felt the effects of this popular Doctrine, which the Archbishop had instilled into the peoples heads: For they growing weary of his Government, that was partly Arbitrary and Ty­rannical, withdrew their Obedience from him, and elected Lewis Son to the French King (which how they could do, and not be guilty of Rebellion, I am not able to understand) but however, it was not as my Pamphleteer would have it, more easily consented to by Philip his Father, because King John had been condemned [Page 13]and attained for Treason in his Brother Richards time, because he was pardoned all his Crimes by that King, as Vit. R. 1. f. 176. M. Paris will inform him; but because he stood attainted for the Murder of M. Paris. f. 281. M. Westm. f. 275. Duke Arthur, for which he had in France been try'd by his Peers and condemned.

But King John dying in the midst of these Troubles, his Son Henry the Third being then under Age, was advanced to the Throne by the Loyal endeavours of the Earl Marshall and the Legate Walo, with several other Great Men, who, Westmin­ster the usual place of Coronation being in the hands of Lewis and the Rebel Lords, before the great Altar in the Conventual Church at Gloucester, annointed and so­lemnly crowned him, sayes the —Est—Hen­ricus Johannis primogenitus, in regem inun­ctus & solenni­ter coronatus: M. Westm. f. 277. Historian. And tho' from the Speech which was made to that party of the Nobility that was there then, by the Earl Marshall, 'tis pretended that Henry was Elected; yet I dare say, if any one do but impar [...]ly consider the Tenor of it, he will find that the Design of it was rather to per­suade those present to return to their Duty, and acknowledge him for their King whom God and Nature had designed for that great Charge: for he begins his Dis­course to 'em thus H. Knigh­ton. l. 2. c. 15. f. 2426. Ecce Rex Vester (which he certainly then could not be, if their Election were necessary to make him such) and amongst the rest of his Arguments, sayes to 'em thus— hunc igitur libeat regem dicere cui ipsum regnum debetur— You ought to choose him to whom the Kingdom is due (which surely it can be to none, if it be not Hereditary) and what puts all out of doubt that the Kingdom was not then (and if not then, I am sure never since) Elective, is the Ansvver of Hubert de Burgh, that great both Statesman and Souldier, to Lewis vvhen he sum­mon'd him to deliver up Dover to him, since his Master for vvhose use and service he had so long and valiantly defended it, vvas dead; Si Dominus meus mortuus est, habet fili­os & filias qui ei succedere debent. M Par. vit. H. 3. in prin. If my old Master, sayes he, be dead, he has left behind him Sons and Daughters which ought to succeed him. A thing he never vvould have asserted, had he not thought there had been a Divine Right somevvhere else than in the people.

Henry the Third being gone the vvay of all Flesh, his Eldest son Edward suc­ceeded him: a Prince of most extraordinary hopes, and vvhose Life let the World see it vvas not deceived in him; this Prince, at his Fathers death, vvas absent in the Holy Land, in pursuit of Honour there; yet notvvithstanding, in a great Coun­cil held at London, Edwardum absentem Do­minum suum Ligeum recog­noverunt, pa­ternique Suc­cessorem ho­noris ordina­verunt. Tho. Walsingh. vit. E. 1. f. 43. he was recognized and acknowledged to be their Natural Liege Lord, and Lawful Successor to his Fathers Throne. We meet not here vvith any thing like Election, vvhich no doubt vve should not fail to do, if there vvere any such thing practised.

But because we are told (page 6) that whether Edward were the Eldest Son of his Father or no, remains a doubt in History, I shall endeavor, notwithstanding the pretences of the House of Lancaster to the contrary, whose Interest it was, (as the Foundation upon which the Justness to their Claim to the Crown was founded) to have it thought otherwise, assure him from one that had as good an Opportunity, and great Reason to know as any man, that Edmund was six years younger than his Brother Edward: For; says M. Paris, who lived in the Time of Henry the 3 d. and was very great at Court, M. Par. 488. Edward was born the 15th. day of May, An. 1239. at Westm. and upon S. Marcellus's day An. 1245, M. P. f. 654. Queen Elianor pre­sented the King with another Son, who, by his Command, was called Edmund; and tho' it was sometimes said he was put by for his Deformity, yet 'tis well known how notoriously false that Scandal is: For he had his Name Crouch back, not because he was crooked, but by reason of a Cross he used (as did all those that took upon them the Croisado) to wear upon it.

The next was that Unfortunate Prince Edward 2. who suffering himself to be too much guided by his Minions, fell at length into some arbitrary and irre­gular Courses that brought the hatred and ill will of his Subjects to that degree up­on him, that by the disloyal and ambitious Practices of his lustful and lascivious Queen, and undutiful and unnatural Son, he was at last deprived both of his Crown and Life; an Action so inhumane, barbarous and detestable, and every way so unjustifiable, that I cannot but wonder with vvhat Brow and Conference, any man [Page 14]can bring that as an Instance of the Power of Parliaments. At this rate the blackest Villanies that Hell can invent, may be defended, if it be but as sucessful as 'tis impious. Besides, should we but once allow it lawful for Subjects, when they think fit, to depose and murder, or as then 'tis call'd, bring to Justice their Princes, we shall not only undermine the very Foundations of all Government, but give a fatal Blow even to Christianity it self: And well might the poor Prince solace himself, in the midst of all his almost insupportable Afflictions, with the hopes of having his Son (whose Wickedness he was ignorant of) Reign after: For it would be no doubt, no small comfort to him, to think that those Men who in Contempt and open Defiance to the Laws of God and Nature, had proceeded to perpetrate so horrid a Crime, that a Heathen of the true Roman Stamp, would have blush'd at the thoughts of, should not yet so far forget themselves, as to re­ject every Branch of that Tree, at whose Root they had struck so great a Blow. Surely from Times so disturbed and unsettled as these, Men of either Honesty or Common Sence, will not offer to bring Presidents to direct themselves by.

After a long and Glorious Reign, Edward the Third, who, after the Death of Edward the Black Prince, had in Parliament created Richard of Burdeaux, Earl of Chester, and Prince of Wales, in a short time after, left the Crown to this Young Prince, another of our unfortunate Kings; P. Virg. lib. 19. & 20. and so far is it from being true, that his Title to the Crown was questioned by John of Gaunt, the great Duke of Lancaster, that he was, at the latter end of his Father's Reign, in­trusted with the Lieutenancy of the Realm; and after his Death, was Protector to the Young King, during his Minority: which certainly had never been if John of Gaunt, jure propinquitatis, had claim'd the Crown, it being dangerous to put so great a Trust and Power into the hands of a Competitor: Nor was ever the Succession confirm'd to him by Parliament, any otherwise than I have mention­ed. Neither can Polydore's Regem dicunt, if you leave out this Gentleman's disin­genuous Addition of [by their Common Suffrages] for there is no such thing in the Original, signifie any more, than that he was proclaimed King; But it would be well for this unhappy Prince, if he might but as quietly quit, as he enter'd into the Throne; but alas! it fell out quite otherwise: For King Richard being made Prisoner by his Cousin Henry of Lancaster, a Parliament was Summoned by him in the King's Name, in the one and twentieth year of his Reign, to meet at Westminster. An action certainly illegal in it self; for if the Kings Summons were necessary, as it appears it was, I would gladly know how it can be pretended, in this Case, that this Parliament did convene by his Authority? for tho' the Writs were issued out in his Name; yet was he so far from consenting to it, that if it had lay'n in his power he would have prevented it. But this Assembly or Parlia­ment, call it what you will, being got together, I would fain be inform'd upon what Law or Authority (I mean Legal) they grounded their following Proceed­ings? for if the Breath of the Kings Nostrils was necessary to give them their Be­ing, it is a little irrational to suppose, they could thence derive a Lawful Power to destroy the Author of their Life: besides, how can it be supposed they could pro­ceed justly to pass a Final Sentence upon Him whose concurrance was absolutely required to give birth to any Law which might concern his meanest Subjects, tho' they thought it ne're so convenient? and why should we believe it in the Power of the Estates of the Realm to impose any thing upon the King, when he could bind them to observe nothing without their consent first obtained? and yet our Pamphleteer is not ashamed to avouch this as a President of Parliamentary Power, in the Point of Succession. But if we do but examine the matter a little more nar­rowly, we shall find it makes very little for his purpose, unless it be his Design (and a man must have a great deal of Charity to believe it is not) to instruct the people how to proceed in case their King will not do as they would have him; for we shall find, that tho' they usurped the exorbitant Power of Deposing Ri­chard; yet did they not pretend to the power of Electing who they pleas'd, but thought themselves in duty bound to submit to him to whom by Right of Blood [Page 15]the Crown did belong. And this evidently appears from Henry, Duke of Lancaster's manner of laying Claim to the Crown; for no sooner was the Throne void by the pretended voluntary Resignation of King Richard, but Henry, first having fortified himself with the sign of the Cross, stood up and made his de­mand of the Crown in his Mother-Tongue in this form of Word; (as I have ex­tracted them out of the Rot. Parl. 1 H. 4. memb. 20. Parliament Roll:)

‘ After which Chalenge and Claim (says the Record) as well the Lords Spi­ritual as Temporal, all and all the States there present, being severally and all interrogated what they thought of the aforesaid Challenge and Claim: The above­named States, with all the Commonalty, without any difficulty or delay, unanimously agreed, that the aforesaid Duke should reign over them.’ And this being the Na­ked Truth of the matter, I cannot imagine with what propriety of Speech this can be called an Election; or what reason this Gentleman had for to say, that the above-mentioned Title was the least of all insisted on; when it appears from the Roll (as I have faithfully translated it) that no other was so much as men­tioned.

And thus we have heard how the poor and unfortunate Prince, Richard the Second (from whose Actions, if they be but examined with an impartial Eye, we cannot conclude him to have been either very insufficient or evil; if we so­berly weigh the Imputations that were objected against him, we shall find no­thing of any truth, or at least any moment) was, in a tempestuous Rage, depri­ved of his Right; and upon what Grounds Henry 4. mounted his Throne.

But how justly, even in the Opinion of some at that time, you will best be in­form'd from Thomas Merks, Bishop of Carlisle, a wise and Learned man, and of no less Courage; who, when it was moved in Parliament what should be done with King Richard? He boldly stood up, and spoke to this Effect (as it is set down by Bak. Chron. f. 158. Sir Richard Baker; and since it is so much to the purpose, I hope the reader will not be displeased with the length of it.)

Thus spoke that Loyal and Good Prelate, but to little purpose, though there was neither Protestation nor Exception made against this Speech, which certainly there would have been, had there not been as much Truth as Boldness in vvhat he said.

And tho' Henry the Fourth did afterwards get the Inheritance of the Crown and Realm of England setled upon himself for Life, and the Remainder entailed upon his four Sons by Name, and the Issue of their Bodies, yet that cannot at all make for my Adversaries purpose, since it amounted to no more than a Confirma­tion of him in the Throne; or if it did, vve may vvell suppose that a Prince that vvas conscious to himself hovv unjustly he had gain'd his Crown, would not be very unwilling to take such a way, tho' in derogation to his Prerogative, to se­cure himself, if possible, tho' not out of an Opinion that they could give him a better Right than they had; but because 'tis natural to suppose they would, upon any occasion, be ready to defend what they so solemnly had enacted

Come we next to Henry the Fifth, who, this Gentleman says, was Elected: But how notoriously false that Assertion of his is, will appear from hence, that first there was no Parliament called till after his Coronation; and in the next place, that if the Act of Parliament, made in the Seventh Year of Henry the Fourth, had so great a Force and Vertue as he says it had, it was needless; nor can he prove any such thing from that careless, and negligent Historian Polydore: For Concilium Principum, with him, does not always signifie a Parliament; as any one that has read him, which I dare say he never did, will perceive; nor does his Phrase, creare Regem, import any more than the King's Coronation; besides, 'tis most untrue which he affirms, that Allegiance was never sworn before his Time, till after a King was Crowned: For the contrary appears from King John and Edward the First: Nay, 'tis undeniably true, that the Kings of Eng­land have exercised all manner of Royal Jurisdiction, precedent to all Ceremo­ny, or any Formality whatsoever; and that the Death of one King, has, in that very Moment, given Livery and Seisin of the Royalty to the next Heir; and by vertue of that, Richard the First, as a Mark of his Sovereignty, immediately on his Father's Death, restor'd the Earl of Leicester to his whole Estate.

Henry the Fifth being dead, he was without any Opposition, admitted to the Throne, although but an Infant; but in the Thirty Ninth Year of this King, in open Parliament, Richard, Duke of York, the true and rightful Heir to the Crown of England and France, made his Challenge and Demand of it, as being next Heir to Lionell, Duke of Clarence, Elder Brother to John of Gaunt, from [Page 17]whom descended the House of Lancaster; but to this Claim of his, it was an­swered, by the King's Friends, That the same Crowns, were, by Act of Parlia­ment, Entailed upon Henry the Fourth, and the Heirs of his Body, from whom King Henry the Sixth did lineally descend. Rot. Parl. 39 H. 6. n. 10. &c. ‘ The which Act (say they, as it is in the Record) is of Authority to defeat any manner of Title made to any Person.’ To which the Duke of York answerably replies, ‘ That if King Henry the Fourth might have obtained and enjoyed the said Crowns of England and France by title of Inheritance, De­scent or Succession, he neither needed, nor would have desired, or made them to be granted to him in such wise as they be by the said Act; the which taketh no place, nor is of any Force or Effect; (mind that) against him that is Right Inheritor of the said Crowns, as it accordeth with God's Laws and all Natural Laws:’ And this Claim and Answer of the Duke of York, is expresly acknowledged and recogni­zed by this Parliament, to be Good, True, Just, Lawful and Sufficient; and 'tis agreed that Henry shall hold the Crown during his Life; and the Duke of York, in the mean time, to be reputed and proclaimed Heir Apparent.

So that we have here (as much as can be desired) a Parliament, not only declaring, that a Title to the Crown, ought to derive it self only from the Laws of God and Nature; and not from any Civil Sanction; and acknowledging in at the Bargain, that it is beyond the Reach of any Humane, Legislative Power, to debar and exclude any one that justly claims by such a Right.

But to [...] proceed upon Edward the Fourth's coming to the Crown, a Parliament conven'd in the first year of his Reign, does acknowledge and recognize his Title in these words (as the Rot. Parl. 1 Ed. 4. n. 8. &c. Record has it) ‘ Knowing also certainly without doubt and ambiguity, that by Gods Law and Law of Nature, He (h. e. Edward the Fourth) and none other is and ought to be true, right-wise, and natural Liege and Sovereign Lord. And that he was in Right from the Death of the said Noble and Famous Prince his Father, very just King of the same Realm of England.’ So here again we have an­other Parliament of the same mind with the last, and I doubt not but we shall meet with more of 'em e're we have done.

When King Edward the Fourth was droven out of his Kingdom by Henry the Sixth, 'tis true the Crown was again entail'd (if it may be properly so call'd) upon him and his Heirs, &c. but still the proceeding was grounded upon the same Bottom with the former.

Here our Pamphleteer is pleased to make this drowsie Observation, that both the Families of York and Lancaster claim'd a Title by Act of Parliament: 'tis true the latter did, because they had no other that would carry Water, but as false that the former ever did; for they, as you have seen before, founded their preten­ces upon the sound Bottom of Divine and Natural Law. Besides Richard, Duke of York challenged the Crown as his just Right before any Act pass'd in his fa­vour; nor was it the want of a Parliamentary Title which he stood in need of that kept him off but because he had not Power and Interest enough to assert the justness of his Title: and therefore 'tis no wonder he deferr'd the making of his Claim so long; for to have done it sooner, would but have riveted the Usurper more firmly in his Throne.

But Edward having regain'd his Kingdom as quickly as he lost it, left it at his death to his unfortunate Son Edward the Fifth, who was soon deprived both of that and his Life, by his barbarous, inhumane, and ambitious Uncle Richard, Duke of Gloucester, who having persuaded some, and forced others to believe, or at least seem to believe, that all his Brother Edwad's Children were Bastards, did, by a kind of pretended Election, and at the instance of all the Great Men, take (or [Page 18]rather usurp) the Crown. But that the mystery of that subtle Transaction may be fully discovered, I shall transcribe that Petition and Election, as they call it, out of the Parliament Roll, as much as is necessary, and opitomize the rest, and then I will leave the Reader to judge how dis-ingenuously (not to call it worse) tho' according to his Custom, this Gentleman would insinuate, as if in the midst of their highest flatteries and courtship to him, they tell him only of this great and sure Title by Act of Parliament. An untruth, if he had had the least grain of Modesty, he could not have had the confidence to assert; but by this time, I suppose, you know what a man I have to deal with.

But I hope the Roll will convince him, and make him asham'd of his dis-in­genuity. ‘ Rot. Parl. tent apud We [...]im die Ven. 23 die Jan. 1 R. 3. In this Petition and Election (but that Election imports not what he would have it, I hope, will evidently appear from the sequel) they set forth the many Grievances and Oppressions the Kingdom groan'd under, through the dissolute Government of the late King, Edward the Fourth: they say farther, That the King was never married to his pretended and reputed Queen, or if he was, that upon the account of a Precontract to another Lady, that Marriage was unlawful, and, ipso facto, void: and so either way all his Children were illegi­timate. They say farther, That George, the late Duke of Clarence being attainted of High Treason, and his Blood corrupted, by reason thereof his issue are de­barred or all Right and Claim to the Crown: (But the reasonableness and law­fulness of this Position I shall take the Liberty to examine hereafter.)’ ‘ Over this (I give you the Words of the Record in English.) We consider that you be the un­doubted Son and Heir of Richard late Duke of York, very Inheritor of the said Crown and Dignity Royal, and, as in Right, King of England by way of Inheritance; (how then can the Parliament challenge a power of Election in the modern sense of the words?) and that at this time the premises duly considered, there is none other person living, but You only, that, by Right, may Claim the said Crown and Dignity Royal by way of Inheritance —’ ‘And then they go on in a most abject way of Flattery to recount his excellent Parts, and extraordinary Qualifications for the Govern­ment—’ ‘ Wherefore (say they) these premises by us diligently considered, we desiring effectually the Peace, Tranquillity, and Weal-publick of this Land, and the reduction of the same to the ancient honourable Estate and Presperity; and having in your great Pru­dence, Justice, Princely Courage and excellent Vertue, singular Confidence, have cho­sen in all that in us is, and by this our Writing choose you High and Mighty Prince our King and Sovereign Lord— to whom we know of certain it appertaineth to be chosen.’ (From whence it appears, that what they call Election, amounts to no more than a Ceremony or formality of acknowledging their Prince,) ‘Therefore they desire him as his true Inheritance (which 'tis impossible in an Elective Kingdom the Royalty can be) to accept of the said Crown and Dignity, according to this Election of the Three Estates.’ (Surely then the King vvas none.) They add soon after: ‘ Albeit that the Right, Title, and Estate which our Sovereign Lord the King, Richard the Third, hath to and in the Crown and Royal Dignity of this Realm of England— be just and lawful, as grounded upon the Laws of God and of Nature, (mind that): and also upon the ancient Laws and landable Customes (and therefore not upon any Statute, but Common-Lavv) of this said Realm: and so taken and reputed by all such persons, as be Learned in the abovesaid Laws and Customes: yet nevertheless, (Here once for all take notice of the true Reason of the Parliaments medling vvith the Succession.) for as much as it is considered, that the most part of the people is not sufficiently Learned in the abovesaid Laws and Customes, whereby the Truth and Right in this behalf of likelyhood may be hid, and not clearly known to all the people, and thereupon put in doubt and question. And over this, how that the Court of Parliament is of such Authority, and the people of this Land of such a Nature and Disposition, as experience teacheth, that Manifestation and Declaration of any Truth or Right made by the Three Estates of this Realm Assembled in Parliament— maketh be­fore [Page 19]all other things most Faith and Certainty, and quieting of Mens Minds, removeth the occasion of all Doubts and Seditious Language: And therefore at the Request, and by the Assent of the three Estates of this Realm, (the King cannot be one) that is to say, the Lords Spiritual ('tis they are one of the Estates) and Temporal, and Commons of this Land Assembled in this present Parliament, and by Authority of the same, be it pronounced, decreed and declared, That our said Sovereign Lord the King, was and is the very undoubted King of this Realm of England, &c.— as well by right of Consanguinity and Inheritance, as by lawful Election, Consecration and Coro­nation.’ And since the two latter, as all the World knows, do give no new right, but are only Ceremonies, and bare Formalities of State; I can see no reason why what they call Election (which certainly must not be strain'd to Propriety) should be reputed any other: because, it not only is joyned with the rest, without any Distinction; but likewise, Election in the usual Sence, is incompatible with an Hereditary Monarchy, such as this is over and over proved to be.

To all which, the King assented in these words, ‘ Et idem Dominus Rex de as­sensis dictorum trium Statuum Regni, & Authoritate praedicta, omnia & singula Prae­missa in Billa praedicta contenta concedit, ac ea pro vero & indubio pronunciat, decer­nit & declarat.’

So here we have as much as can be desired; a Parliament that had assumed a very extravagant Power; yet declaring that the Kings of England do derive their Titles from God and Nature only; and that this was consonant to the known Custom, and Ancient Practice of the Realm.

But the innocent Blood of this barbarous and cruel Tyrant's Nephews, whom he had caus'd inhumanely to be murder'd, crying to Heaven for Vengeance, God raised up one to deprive him at once both of his Grown and Life. I mean Hen­ry, Duke of Richmond, of whom the judicious 7 Book in fine. Comines says, Qu' il n' avoit Croix, ne Pile, ne nul Droit, (come Ico croy) al a Corone d' Angleterre. Come we now to the Consideration of the Methods he used to establish himself in his new-gotten Kingdom after the Death of Bacon's Hist. of H. 7. f. 4. Edit. London. 1622. Richard; and we shall learn that from the best of our Historians, in his Life, of that wise Prince, who tell us, that the King, after his Victory at Bosworth Field, being come to London, was very much distracted in his Choice of a Title to the Crown, as whether he should claim it by Right of Conquest? but that he judged a very dangerous and unsatisfactory way, or in Right of the Lady Elizabeth, Heiress to the House of York, whom he had pro­mised and intended to marry? But as to this, he considered, that he should be a King only by Courtesie, and ‘ Tho' he should obtain by Parliament (says my Lord Bacon) to be continued (for otherwise, he must upon his Queen's Death have resign'd) yet he knew there was a very great difference between a King that holdeth his Crown by a Civil Act of the Estates, and one (mind that) that holdeth it Originally, by the Law of Nature, and Descent of Blood:’ So far he. Therefore upon those Considerations, he resolv'd to rest upon the Title and Right of the House of Lancaster, as the Main, as that which would prove his surest Card: For tho' he could not be ignorant, that upon several Accounts, that Title could not stand the Test of a severe and legal Tryal; yet he knew very well, that it was not only very foolish to dispute such things with a man that had thirty Le­gions at his Beck; but that there could be no occasion for it, during the Life of his Queen, who was true Heir to the Kingdom; and after her Death, he might hope the Sence of Filial Duty, would deter her Children from any Attempt, to disturb him; yet however his opportune Death vvas look'd upon, by many, as his greatest Happiness, vvhereby he vvas vvithdravvn from any future Blovv of Fortune, which certainly, (in regard of the great hatred of his People, and the Title of his Son, being then come to Eighteen years of Age; and being a bold Prince and [Page 20]liberal, and that gain'd upon the People by his very Aspect and Presence) had not been impossible to have come upon him; as the Judicious Bacon Hist. of H. 7. f. 231. words it.

With this Resolution he was Crown'd; and having call'd a Parliament (you see he did think an Act of theirs necessary to make him King, tho' he thought it convenient to confirm him) where an Act was pass'd for settling the Crown up­on him Hist. of H. 7. f. 11. which he did not press to have pen'd by way of Declaration, or Recognition of Right; as on the other side, he avoid to have it by new Law or Ordinance; but chose rather a kind of middle way, by way of Establishment; and that under covert and indifferent words, That the Inheritance of the Crown, should rest, remain and abide in the King, &c. which words might equally be applied, that the Crown should continue to him; but whether, as having former Right to it (which was doubtful) or having then in Fact or Possession (which no man denied) was left fair to Interpretation either way. And this Statute he procured to be confirm'd by the Pope's Bull, the year following; which is a plain Proof, he relied not so much upon the Power of a Parliament, as this Gentleman would persuade us; nor can there be drawn from this proceeding of King Henry's, any thing that makes more for the Authority of a Parliament in these matters, than for the Popes, which I am sure no Sober man, but must allow to be none at all.

Besides, this Prudent King was so conscious of the Weakness of his own Ti­tle, notwithstanding this Act of Parliament, that in the Troubles that happen'd very often in his Reign, to prevent the Peoples prying and enquiry into the Just­ness of it, he got an an Act to pass Lord Bacon's History of H. 7. f. 144. in the Eleventh year of his Reign, that no man that assisted him in Wars, should afterwards be deem'd or taken for a Traytor; nor should be impeach'd therefore, or attainted, either by the Course of the Law, or by Act of Parliament; and truly it was agreable to good Conscience, that whatsoever the Fortune of the War were, the Subject should not suffer for his Obedience.

His Argument drawn from the Oath of Allegiance, and other Publick Test and Securities, after what I have said already, will appear so ill considered a pretence, that I should but lose time in standing to confute it.

I shall then proceed to Henry the 8th. his Son and Successor, and see if any thing can be gathered from thence, that may make for our Pamphleteer's purpose.

And I doubt not, but it will appear, that whatever was done in that Great Prince's Reign, was rather the Effect of his extravagant Capricious Lust, or Revenge, than founded upon the true Maxims of Justice, Equity, or Lawful Authority.

For Sir W. R. in his Preface to the History of the World, can tell us, that his violent Hatred to the Elder House of Scotland, was the cause of most of those Acts, using, says he, his sharpest Weapons, to cut off, and hew down those Branches which sprang from the same Root that himself did: but yet that Blood which the same King affirm'd, that the Cold Air of Scotland had frozen up in the North, God hath diffus'd, by the Sun-shine of his Grace; from whence His Majesty now living, and whom God grant long to live, is descended.

And as for the rest, they were consented to; or rather, to speak Truth, forced from the Parliament by the King (for he used to make them do what he had a mind to) to satisfie some wild Humor of his, though to the prejudice of his Prerogative.

For the legality and unlawfulness of his second Marriage, depending upon the validity or weakness of the Popes Dispensation, which by the generality of the World was then thought unexceptionable, it is no wonder if Henry the Eighth, contrary to the natural greatness of his Soul, call'd to his Assistance his Parliament (with which his ipse dixi was a Law) to cut that Gordian Knot asunder, which he was not able to unty.

But it is time now to examine the palpable contradictions of those several mad and extravagant Acts that he made, and first in the Stat. 25. H. 8. c. 22. 25th year of his Reign, after he [Page 21]was Divorced from Queen Katherine, and had married Queen Anne: The Parlia­ment having in the Preamble to the following Act, declared what great miseries, and how many troubles had befallen this Realm, by reason of the ambiguity of the several Titles to the Crown, do think themselves bound in duty, by a Declaration of the true Heir, to avoid the causes of such Distractions for the future, ‘It is therefore Enacted and Ordained, That the Kings Marriage with the late Queen Katherine is void, as directly contrary to the Laws of God, and therefore not dispensable with by the Pope, or any Humane Power whatsoever.’ They there­fore bastardize Mary, and declare the Marriage between his Majesty and Queen Anne to be just and lawful; and that the Children of their two Bodies begotten shall be and are legitimate, and then, in default of Issue Male, entail the Crown upon the Lady Elizabeth, &c. and every one by the Sanctimony of an Oath, is bound to the observation and performance of this. And the next Parliament does Enact a par­ticular Oath for that purpose, whereby every one is bound to bear Faith; Truth and Obedience only to the King's Majesty, and to his Heirs of his Body of his most Dear and entirely beloved lawful Wife Queen Anne, begotten or to be begotten.

But mark what follows; a few years after 'tis Enacted. St. 28. H. 8. c. 7. That the people shall forswear themselves, the late Marriage is declared unlawful, null and void; the Lady Elizabeth is Bastardized (as the Lady Mary was in the former Parliament) and the King's Marriage with Queen Jane is acknowledged consonant to the Law of God; the Crown entailed upon their Issue, and for failure of them, the King is impowred to dispose of the Crown to whom he please by his Letters Patents, or his last Will: and the whole Nation was obliged by the Sanctimony of an Oath to the observation of this Law.

So that you have at once not only Swearing backward and forward, but the Crown made Elective (if Act of Parliament can make it so) which had always hitherto been Hereditary, which so many unbiassed Parliaments had declared was due to the next Heir by Inherent Birth-right, and by the Laws of God and Na­ture; a Title sure unimpeachable by any Civil Power, and all this in open de­fiance of all Equity, Justice, and Common Reason, on purpose to dis-inherit the House of Scotland (which as much as Humane Power could do, it was by this Act done) and to advance his Bastard Son Henry Fitz-Roy, whom he most entirely loved, to the Throne.

But not yet content to put a period to his extravagancy, in the 35th year of his Reign, he caus'd it to be Enacted, That after his Death, and the Death of Prince Edward, without Issue, the Crown should be to the Lady Mary, and the Heirs of her Body; but subject to such Conditions as the King should limit by his Letters Patents, or by his last Will: and if the Lady Mary performed not those Conditi­ons, that then the Crown should go to the Lady Elizabeth; and if the Lady Eli­zabeth neglected to perform such Conditions, then it should go to such other per­son as the King should appoint. And he was again impowred by his Letters Pa­tents, or last Will, to grant the Remainder or Reversion of the Crown to what person he should appoint: and the whole Nation is again bound to the observation thereof By an Oath.

But surely no man will argue from these contradictory and wild Acts, that the King and Parliament have any power to limit and alter the Succession, since, if we believe those Parliaments I have before mentioned, 39 H. 6. 1 E. 4.1 R. 3. we shall find that to be removed beyond the reach of any mortal Arm, and reserved to the only disposal of Him by whom Kings Reign and Princes Decree Justice: And certain­ly we have as much reason to believe them as can be rationally expected, since 'tis very natural for those that assume so much power to themselves as they did, to screw it up, when their hands are in, to the highest pin; for 'tis not likely that they, if they could have found the least shadow of Evidence to the contrary, would, out of a Complement to God Almighty, have thrown back that Power into his hands, which he had once pleased to bestow upon, and invest in them.

Nor need we at all wonder to find a Prince of King Henry's Spirit and Native greatness of mind, fall so beneath his usual Majesty in such things, since perhaps no Prince can be met withall, in whom there concenter'd a greater number of odd and anomalous Circumstances, which did incline him to crave in Aid of his Par­liament; for he being one that would sacrifice every thing to his Humour, Lust, or Revenge, he was forced to take this course, to remove all the Letts that stood in his way, as far as Humane Power could carry them.

Therefore I am persuaded these Acts of Parliament ought no more to be urged as Precedents for us to guide our selves by, than his Arbitrary and Illegal Methods of bringing those that had the misfortune to fall into his hatred, to the Block, without being once heard, or suffer'd to make their defence. And as these are not permitted to be drawn into practice, tho' done by the Legislative Power as well as the other, because of their manifest injustice and illegality, I cannot for my Life see why the other should, 'tis a Riddle beyond my skill to unfold.

I shall pass by some of this Gentleman's Paragraphs, as not worh insisting up­on; and come to his Proofs drawn from Queen Elizabeth's Reign; and indeed 'tis in an Act made the 13th of that Princess, that the whole Party place their main strength: but I hope I shall be able to make it appear, if every Circumstance be duly considered, that induced that Glorious Queen to do some things that tend­ed highly to the manifest derogation of her Prerogative, which at other times she was so tender of, that nothing can be gather'd from thence, which will really do any service to my Adversaries Opinion. For, if as all Casuists hold, those Oaths and Promises which are extorted by fear or force, are not Obligatory; I cannot tell why those things which by meer necessity upon those very accounts she was compell'd to, as well for the preservation of her Body Natural as Politick, should be denied the priviledge of being dissolved upon that very score, that other things of the same Nature are.

And that they were no other things than what I have before mentioned, that caused this Great Queen to fall beneath her self, and court her people for her esta­blishment, will clearly appear to any one that considers the state of Affairs, and the History of those Times, the only true Touchstone to try matters of this Na­ture by. For, if we consider how questionable Her Birthright was then generally esteemed, we cannot at all admire, if for her own Interest and Security she attri­buted much more to an Act of Parliament, than otherwise she would have done. For tho' in the Act of Recognition 'tis said that her Majesty is, and in very deed, and of most meer Right ought to be by the Laws of God, Queen of this Realm, yet the dubiousness of her Legitimacy, and her being solemny Bastardiz'd by her own Fa­ther by Act of Parliament, might very well necessitate her to call in the Aid and Assistance of her people for her defence and establishment; since the greatest part of Europe, did not only look upon the Title of Mary Queen of Scotland to be much the clearer and juster than Hers: and therefore since Queen Elizabeth's Title de­pended so very much upon Statute Law, the most part of the World allowing her no other, and a great many too disputing the validity of that, she was necessitated to make that as strong as possibly she could; and therefore made it Treason for any one during her Life to affirm, That Our Sovereign Lady the Queen's Majesty that now is, with and by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient Force and Validity to limit and bind the Crown of this Realm, and the Descent, Limitation, Inheritance and Government thereof— which tho' as we shall afterwards endeavour to prove, was not in their power to do; yet she knew very well, that her people would be very apt to defend what they had then so solemnly Enacted, and so thereby she should gain her end, viz. her Preservation, which was the great thing she aimed at, as appears by this, that the punishment to be inflicted upon them that broke this Law, was to abate very much of its rigor after her death; for then it was but to be forfeiture of goods: a certain Argument that it was only Temporary, Enacted pro re nata: for if the Reason of [Page 23]it did continue the same; so ought surely the Punishment, since they should al­vvays stand and fall vvith one another; tho' no doubt another, tho' less conside­rable, reason might be the Malaversions she inherited from her Father, to the House of Scotland, vvhich thereby she did certainly endeavor for ever to deprive of the Imperial Crown of England. As evidently appears from this Clause in it, viz. That every person or persons of what Degree and Nation soever they he, shall, during the Queens Life, declare or publish that they have any Right to enjoy the Crown of England, during the Queen's Life, shall be dis-inabled to enjoy the Crown in Succession, Inheritance, or otherwise after the Queen's Death. For this was most apparently contriv'd against Mary, Queen of Scots, and her Son K. James For since almost all Europe spoke open­ly of the greater Right that Mary had to the Crown than Elizabeth, it might ve­ry probably be expected, that not only as she thought so, so she might upon an occasion offer'd not only speak but act up to her Persuasion; and then by this Statute she was as much disabled as Statute could do it. But, besides all this, I am inclin'd to believe there was something more in the bottom of it than this, of the contrivance of that subtle and cunning Statesman, the Earl of Leicester, which I ga­ther from this Clause, That whoever shall affirm during the Queens Life, either in Writing or in Print, that any one is or ought to be the Queens Heir or Successor besides the NATURAL ISSUE OF HER BODY BEGOTTEN, &c. SHALL, &c. For in Law none are call'd the Natural Issue of any one but those that are Illegi­timate, Vit: Eliz. Adeo ut (sayes Camden) tunc juvenis audiveram dictitantes verbum illud à Lei­cestrio in Legem ingestum eo consilio, ut aliquem ipsius filium spurium pro reginae Sobole naturali Angles tandem aliquando obtruderet. Insomuch that when I was a young man (sayes he) I have often heard it said, that Leicester caused that expression to be foisted in, that thereby he might have a pretence to impose, one time or other, upon the English one of his own Bastards for the Queens Natural Issue. A Design truly not unlikely for him to have, who always measured the Publick by his pro­per Interest, and sacrificed every thing else to his own ends: and then certainly it will never be denied but such an Act of Parliament was necessary to give co­lour of breaking so ancient and fundamental a Law of the Land, as the advancing a Bastard must needs be.

How contrary to all the Obligations of Justice and Humanity the unfortunate Queen of Scots was treated by her Kinswoman Queen Elizabeth, upon the pre­tended breach of a Statute made in the 27th of her Reign, I shall not trouble my Reader or my Self with the recital of; which rigorous proceeding, as it was chiefly grounded upon her violent hatred to the House of Scotland, so I could heartily wish for the Honour of that Great and Glorious Queen, under whose Reign this Island so long and happily flourished, were razed out the Annals of Time, so that there might be nothing left to stain the Reputation of that otherwise unble­mishable Princess.

But tho' the Mother had the misfortune to fall so ignominiously, yet the Son King James had not the wisdom to strive fruitlesly against the Stream, but pru­dently never gave an opportunity of finding a colour to resist him, who never laid Claim to a Crown, till Heaven call'd him to the Enjoyment of it.

But no sooner was he come into England, but having call'd a Parliament, his Title to the Crown is solemnly acknowledged and recognized in these words: 1 Jac. c. 1. We being bound thereunto, both by the Laws of God and man, do with unspeakable Joy, recognize and acknowledge, That immediately upon the decease of Elizabeth late Queen of England, the Imperial Crown of the Realm of England, &c. did, by inherent Birth­right, lawful and undoubted Succession descend and come to your Majesty, as being line­ally, justly and lawfully next and sole Heir of the Blood Royal of this Realm— And thereunto we most humbly and faithfully do submit, and oblige our selves, our Heirs and [Page 24]Posterities for ever. And now if King James came to the Crown by inherent Birth-right and undoubted Succession, I cannot see any thing that makes more against this Gentleman than this; for 'tis plain the old Entail made by Henry the Seventh cannot be pretended, because that Act was, tho' not expresly, yet tacitly & effectually repeal'd by 28. H. 8. c. 7. & 35 H. 8. c. 1. for King Henry could not have a power to appoint who he vvould for his Successor, if that Act of Henry the Seventh remain'd in force: For then he could not have disinherited the House of Scotland, and prefer'd the Younger House of Suffolk to the Remainder of the Crown; which, 'tis notoriously known, if he did not, yet he intended, and was sufficiently (as far as Acts of Parliaments could reach) impowered to do it; and therefore, the other must necessarily have been revoked and repealed: A thing so clear, that it were needless to spend more time or words to prove it.

So that King James's Title to the Crown (or else he had none) must owe its Original to the Laws of God and Nature, and the Ancient and Laudable Cu­stomes of this Realm, ( Rot. Parl. 1 R. 3. ut sup. as 'tis elsewhere worded) and then, what madness is it to think, that any Humane Power upon Earth, can change those immutable Laws (for such they are) and with what color of Justice, or good Conscience they can pretend to debar any one of his Right; or give a better Title to another, than the late Usurper had to the Sovereignty, is beyond the Wit of Man to demonstrate, unless we impiously deny there is a God in Heaven, or any such thing as Right or Wrong upon Earth?

And thus I have gone through all the Historical part of this Gentleman's Dis­course, as far as it concerns England; and I doubt not but every one must make this Conclusion upon the vvhole Matter, that tho' he tells us he hath done it faith­fully; yet it vvill appear, by the foregoing Examination, vvherein I have rather endeavored to lay dovvn the Naked Truth, vvithout the least Disguise, than fol­lovv him through all his impertinent Ramblings, that never more unpardonable Mistakes and Falsities, never more gross Prevarications, and malicious Misrepre­sentations of the plain sence and Meaning of good Authors, vvere amassed toge­ther, under so solemn and pompous a pretence. For my ovvn part, I cannot but admire, vvith vvhat Confidence any man could offer to obtrude such trash upon the World, and vent such notorious Untruths. Surely a Man must have bid a fi­nal Adieu to all Sincerity and Common Honesty; tho' perhaps (for I vvill be as charitable as I can) his over much Credulity may have been his greatest Misfor­tune: For though he vvould fain insinuate, in several places, as if every man must needs be a Papist, that should go about to unmask him; yet good man, he has been beholden, for the most part of his Discourse, to one of the greatest Villains of that Society; vvhich by their prodigiously vvicked, both Tenets and Practices, deserve to be the horror and detestation of all Mankind. Nor has he had the De­scernment, to distinguish betvveen vvhat vvas false, and vvhat vvas true; but has extracted it (at least as to the Substance) just as he found it, from a Conference concerning the Succession, written by Parsons; one of the most pernitious Books, that, perhaps, ever savv Light; and tho' he be so ungrateful, as not to own his great Benefactor, yet he blushes not to maintain and publish the same destructive Principles; a clear Evidence, that so many of those, that would have us believe they abhor Popery, yet are content, not only to entertain, but hug and cherish their most destructive Opinions, disguised under other Names.

But you are not to think this Gentleman less acquainted with the History of o­ther Nations than our own; and that he is not able to give you many Instances from thence, that the next of Blood, has been frequently excluded from the Succession: But really, I cannot but pity his ill Judgment, in pitching upon one so little for his purpose; when his Author could have furnish'd him with such plenty of better Choice.

For since no man can deny, but that it both is, and ever was, a Fundamen­tal Law of the French Monarchy to be Hereditary, I leave it to any man of Common Sence, to judge whether those silly Reasons, mention'd in the Let­ter to Charles of Lorrain, were a sufficient ground to debar him of that Right which God and Nature had given, him; and to whom (says De Serres) I say the Fundamental Law did adjudge the Crown, for want of Heirs Males, Lawful Sons of Kings. But the French being displeased with Charles, upon some fri­volous Accounts, Hugh Capet embraces so fair an opportunity, and foments their Discontents to that Degree, and so politickly plays his own Game, that having insinuated himself into the Affections of most People, without very much difficulty, he first screw'd himself into the Throne; and then, to con­solidate and establish himself in his ill-acquired Greatness, by a pretty kind of Pageantry, he called the Estates to elect him into that Throne he already had the Possession of; which being met, they did accordingly: And having thus forfeited their Allegiance and Duty to Charles, 'tis no wonder if they squeezed their Brains, to find out a plausible, though never so shallow a Pre­tence, to avoid the Imputation of Disloyalty. Not to take Notice, that most Writers stick not to call this Hugh an Sigeb. Gem­blac. in Chron. ad An. 987. Usurper. Besides, 'tis well known, that Lewis the Godly, never enjoyed the Crown with a quiet Conscience, till it was proved, that he was descended from the Right Heirs of Charles of Lorrain. So mean an Opinion had that good Prince of the Power of the States, in altering the Course of Succession.

And after all this, I think, it cannot reasonably be pretended, by any one that any thing can be drawn from History, which can at all countenance the Proceedings of those men, who so industriously endeavor, to cry up the Justice and Advantage of the Bill of Exclusion, as the only Expedient, say they, that can secure us from Ruin, and prevent our Destruction; un­less they will say, that because such things as fill'd the Age, they were done in with Shame and Horror; were done, that therefore they were justly done; and so may as justly be acted over again. An Opinion of such dis­mal Consequence, that should it once prevail in the World, all Mankind would be presently turned into one great Den of Thieves and Robbers, that might plunder, spoil, murder and ravish, with Impunity, and without Controul; and then we should every day see Hobs's Senceless Notion of a State of War, proved to us with a Witness: Nay, what Wickedness is there not, which at this rate we might not justifie from Scripture it self? Which gave occasion to Saint Augustine, excellently to say, Haec quae in Scripturis sanctis legimus, non ideo quia facta legimus, etiam facienda creda­mus: ne violemus praecepta, dum passim sectamur Exempla. The true State of the Question, either is, or at least ought to be, not what has been done; but what in Justice and Equity ought to be done in the Case of his R. H. which is not to be determined by Examples, but Law and Raeason. Non Exemplis, sed Legibus judicandum, is the Golden Rule of the Great Lib. 13. C. de Sen. Justinian.

In order therefore to the clearing of this great and so much agitated Point, I shall endeavour to prove;

First, That not only all Government, but particularly Monarchy does owe its immediat Foundation and Constitution to God Almighty.

Secondly, That by the Law of God, Nature and Nations the Crown ought to descend according to Priority of Birth, and Proximity of Blood.

Thirdly, That if an Act of Parliament were obtained to exclude his R. H. would be unjust, unlawful, and ipso facto void, as contrary both to the Law of God and Nature; and the known Fundamental Laws of the Land. And in the course of my Reasoning, I shall not forget any thing this Gentleman has said against any of these things in the Argumentative part of his Discourse.

I am sensible it will make a great many Smile to see me undertake to prove so many, in their own Opinion, irrational Tenets. And I doubt not but some too will be displeased to find me endeavouring to strike at the Root of their darling Notions; they know very well, should this be admitted, they could find no pretence to adhere to their Republican Principles, and not become the scandal and aversion of all Good and Honest Men: but, 'tis not their frowns or their railing will trouble me; for 'tis not that I measure Truth by, but Reason; and by that I am content the Cause I have espoused, should stand or fall. I would not be misunderstood, as if I had the Vanity to think it would receive any Advantage by my Management of it; but I am so confi­dent of the over-ballance of Reason and Truth I have on my side, that I doubt not but it will even make it self appear, notwithstanding my want of Parts (which no man is more conscious of than my self) and Ability to set it out to the best advantage.

In order then to the first Point, it will not be amiss to examine what Rea­son can be shown to induce a man that has lay'd aside Prejudice and Partiali­ty, to embrace that so commonly received Opinion of a Natural Freedom and Equality: for my own part I take it to be a Proposition not altoge­ther so clear, and self-evident, but that it requires a little better Proof than I ever yet saw offer'd for it.

I am not at all concerned for those many Sentences the Assertors of this Doctrine are able to pelt me withall from Poets, Orators, Historians, and God knows who; for I answer with Lactantius, they ought not to be so understood, as if there were in those early dayes no Proper­ty, Non ut existimemus nihil omnino tum suisse privati, sed more Poe­tico figuratum, ut intelligamus tam liberales suisse homines ut natas sibi fruges non includerent, nè soli absconditis incubarent, sed pauperes ad communionem pro­prii laboris admitterent. Lactant. de Justit. c. 5. nothing that Man could call his own; but those ex­pressions are to be look'd upon as Figuratively spoken, after the manner of the Poets, thereby to give us to understand, that men were then so liberal, that they did not covetously ingross all their store to themselves, but were generously content to ad­mit their poor Neighbours to a communication of their proper Labours and Income. Besides 'tis very observable, that at the very same time we are told of this Community and Natu­ral Freedom the whole World is supposed to be under the Government of Sa­turn, who was succeeded by his Son Jupiter.

And tho' the Poets call 'em Gods, yet we are surely to under­stand, that Earthly Kings are thereby meant; so that from hence nothing can be gathered to favour that Original of Government, that those that urge these things are the great Patrons of.

If indeed a Set of full grown Men had dropt out of the Clouds, or like Mushrooms sprung out of the Earth; I should not be much averse no the notion of Natural freedom and equality: and that those being in some great Wind furnished with a convenient number of Women, had propagated their Species; but I much fear whether there would not have been many bloody Noses before they could have come to any Agreement, if it had not been altogether impossible; for, How long a time, and how great experience would be requisite to put the thoughts of entring into a settled Society in­to their Heads? Or having found out the Conveniency and Method of do­ing it, How easily would such a hopeful project be dash'd in pieces by some surly, ill-natur'd fellow, or at least a party of such? For since no such thing could be effected without the joynt Consent of all, How difficult a thing would it prove to bring such a Business about; many out of Pride being unwilling to submit themselves to this or that Man, they might perhaps have a particular pique against, and as many resolved not to admit of any such thing, unless they be advanced to that Supreme Magistracy, which no doubt others as ambitiously Thirsted after as they; and what could be the Issue of this, but Blood and Rapine, War and their former Confusion? But granting that all those Arrived to Maturity, should be grown so sensible of those many insupportable Miseries, that they were every Minute exposed to, should be content to submit to any thing, rather than continue in their pre­sent Condition: What must be done with their Children? Must they be ensla­ved by their Fathers, that have, according to these Men, no more Power over them, than any of their Neighbours? Surely by that time, they should be­come sensible of that priviledge Nature had so bountifully given them, they would be found unwilling to stand to that blind Bargain, that had been made without their Knowledge and Consent: And how that could ever be had I am altogether to seek, unless in those Days, they could have spoke as soon as come out of their Mothers Womb; which I take to be every whit as likely as the other: And no doubt from hence a justifiable pretence may be taken at any time to disturst any Government upon Earth, when the incon­stant and giddy-headed Multitude, or any part of them should in their great Wisdom think fit.

Besides, nothing seems more Derogatory to the Goodness, Wisdom, and Providence of God Almighty, than to send Man into the World, and expose him to so many inconveniencies for the want of that; without which, it is impossible for Mankind long to subsist, or answer the Ends of their Creation; to leave them Destitute of that which was so necessary to their well being: for we cannot without impiety suppose, but God foresaw the many Ills that would accompany such a Condition; and if so, how it can be reconciled to his Goodness and Wisdom, I must profess my self Igno­rant.

But to let this Opinion of the Origination of Mankind pass, Calculated rather according to the Fancy of the Poets, or Notion of some of the old Heathen Philosophers, than Truth. If we Consult God's Sacred Oracles, it will be found that He sufficiently provided for the Safety and Happiness of those, upon whom He hath Stamped his own Image, by instituting a par­ticular form of Government immediately upon the Creation of the First Man, the great Fore-Father of Us all. I know I shall here be told, that 'tis gran­ted me, God did institute Government in General; but as to the distinct Species thereof, He left it to the choice of Men, as they should think most Convenient for themselves; but Did not God know better than they, what was most fit and requisite for them? And, Is it not then very likely that they should be accordingly Provided for? And not to insist that it is hardly conceivable, how Government could be instituted by God, and yet none of the particular Forms be at that time existent; not to insist, I say, [Page 28]how any thing can be in Genere, and not in Specie, I think 'tis clear from 1.28. Genesis, that God gave Adam the Dominion and Empire over all the World, when he so solemnly blessed him: Be Fruitful, and Multiply, and Replenish the Earth, and Subdue and have Dominion over the Fish of the Sea, and over the Fowl of the Air, and over ever living thing that moveth upon the Earth. A Text so express and clear, that even the great Mar. Claus. l. 1. c. 4. Selden is forced to acknowledge, there could not before the Flood be any such thing as Com­munity; Gen. c. 4. v. 2. but that Adam is made hereby sole Proprietor of the World; and by his Donation or Cession, no doubt it was that we find Abel pos­sessed of Cattle and Pastures, and Cain Master of his Corn-Fields; and cer­tainly Cain cannot be supposed so very Foolish, as to have Built a City, and call'd it by the Name of his Son Enoch, Gen 4.17. unless he could have lest it to his Posterity, which he could not pretend to do, if there had not been such a thing as Property.

But if Adam thus expresly had not been made Soveraign Lord of the Universe; yet could not the Government of Mankind be denied him, with­out offering force to Reason, and bidding open defiance to Nature; for all the World being sprung from his Loins, the Tye of Filial duty would bind all to Obedience; for no doubt as Father, he might claim a Dominion and Regal Power over his Children; and from hence we may very well derive the Original of Government, and that particular form of it call'd Monarchy; nor will it appear at all irrational upon that account to assert Monarchy to have been founded, and instituted by God and Na­ture.

For no Man could be Born free, since all Mankind must owe both their being, and subjection to their Natural Parents, by the Law of God and Na­ture: So that upon this account, Adam being invested with a Patriarchal and uncontrolable Power, not only over his Children, but those that were Descended from them, during his Life, which being transmitted to his Eldest Son after his Death, and so on, there could never be any time when there was no Government, since there were any to be Gover­ned.

Perhaps it may be Objected, that though Adam might have a Power over his Children, whilst they continued in his Family; yet when that grew too Nar­row for them, and they were removed, and had formed distinct Ones of their own, he could not pretend to any Jurisdiction there. But I would fain know of these Men whether the Obligation to be Obedient to Parents does not continue still in full force, notwithstanding their removal; and if it does, as I am sure no Man in his right Wits can deny, why the Father's Power of Commanding, and Governing them, as he shall see most conve­nient for the Interest of himself, and the rest of his Children, should be re­trenched, I cannot conceive; nor can it reasonably be pretended, that he should not have the same Jurisdiction over his Grand-Children, &c. that he had over their Fathers; for it is very irrational to suppose them exempt from Obedience to the Commands of that Man, their Parents were Naturally and Originally subject to.

And if we enquire but into the nature of this Paternal Power, we shall find it to have been purely Monarchical: We are told how Abraham made Peace and War, and we shall see Jacob exercising the Power of Life and Death over his Daughter-in-Law Thamar, or at least pretending to it, without a­ny question made of his Power: and if these great Prerogatives were in their Hands, 'tis not to be doubted, but they were Kings in their Families, which we are not to suppose to be independent from one another, but sub­ject and subordinate to either the Father of them all, or him, whoever he be, that is Successour to him, and Lord of the eldest Family.

And that this is no new Opinion, as some People would have us believe, [Page 29]but at least Older than Aristotle, appears from hence, that he dates the Original of all Society from hence. The First Society (sayes he) made up of many Houses, for the sake of a lasting and durable Benefit, is a Village, [...] — Aristot. de Repub. l. 1. c. 2. which seems most agreeable to Na­ture; as being a certain Colony of a House, which some Men call Foster-Brethren, or Children, and Children's Chil­dren: And therefore, at first, Cities were, and now Na­tions are, under Kings; because such as came toge­ther, were under Kingly Government; for every House is under the Empire of him that is Eldest: and so, for Kin­dred sake, it is in Colonies; that is, in more Families, which Descended from the same House. For which Rea­son Homer sayes, Every Man gives Laws to his Wife and Children: And this, no doubt, he had from his Master, the Divine Plato, in whose Judgment the True and Pri­mary Reason of all Authority is, That the Father, A.H. [...]. and the Mother, and generally all those that Engender & Beget, do Command and Rule over their Off-spring. And this, I think, is both sufficient to vindicate this Doctrine from the Imputation of Novelty, and Recommend it too; since those Great and Excellent Philosophers were Patrons of it.

And I am sure if that be true which the Roman Orator sayes: Cicero 3. de Legib. In re con­sensio omnium gentium lex Naturae putanda est; That the Consent and Agree­ment of all Nations is to be reputed the Law of Nature; every one must allow Monarchy to have been Founded by vertue of that: For without Va­nity, I dare confidently aver, That there was no other Government seen, un­less perhaps at Sicyon, for the First Three Thousand Years: Nay, the Learned Priest of Belus, the true and genuine Berosus gives an Account of Ten Kings of Chaldea, before the Flood, of whom Xisuther (in whose time, they say, the Deluge happen'd) was the last: And the Egyptian Records could sur­nish us with a Catalogue of Kings, that would reach as high as the Creati­on. In Baeoticis. Pausanius tells us, That Greece so Fruitful afterwards in Aristocracies and Democracies, that teeming Africa never bred more Monsters, was Anti­ently under Regal Government: [...], are his Words. But Tully goes further, and boldly asserts if for a certain Truth, That all the Nations of Old were under Monarchial Re­giment: Cicero 3. de Leg. ‘ Certum est (sayes he) omnes antiquas Gentes regibus paruisse.’

And when the Ʋniversal Deluge had put a Period to all Mankind, except Noah, and his Three Sons, by whom the World was to be Re-peopled; I think we may with Reason enough look upon Noah as the Universal Mo­narch; notwithstanding the Learned Selden would have us believe, that God by his Blessing, recorded Gen. 9.2. made him Tenant in Common with his Children: For besides that, this Benediction seems most-likely to be rather an Enlargement of the Charter that was given to Adam, than any thing else. It appears something Unreasonable to suppose, that God Almighty should Dis­inherit Noah, whom for his Justness and Piety, he had Chosen to be the Restaurator of Mankind: Nor do the Words necessarily imply any such thing, since the Promise of God would no doubt be fulfil'd, if his Sons, after his Death, or in his Life time, by his Consent, enjoy'd and possess'd the World, as their Property; which, 'tis certain, they did. Gen. 10.9. ‘ By these (sayes the Divine Historian) were the Isles of the Gentiles divided in their Lands; every one after his Tongue, after their Families, in their Nations:’ Which is not to be understood, as a Mr. Med [...]. Learned Man (in his Discourse upon this Place) assures, as if it were a Scattering and Consusion; but a most distinct and orderly Division, because the Original Word ( [...]) alwayes bears the latter Sig­nification: [Page 30]And that there was such a Partition, and that made by Noah, we are assured also from Eusebius; and Cedrenus, who tells us, That Twen­ty Years before his Death, [...]. Cedren. f. 9. according to an Oracle Received from Heaven, he Divided the whole World amongst his Sons, assigning to every one his seve­ral Share: And this he Confirm'd by his Last Will; and being about to Dye, he gave it into the Hands of Sem, and admonished them to Live peace­ably, and not to Invade one anothers Territories.

I might now proceed to those Texts of Scripture, wherein Monarchy is de­clared to have been instituted by God. But they have been so often insisted on by Others, and those learned Persons, that I shall pass them over, only there is one which I cannot but take notice of, wherein God by the Royal Prophet sayes of Kings, Psalm 82.7. I have said [...] Ye are Gods, or (more consonant to the Original, and expresly according to the Chaldee Paraphrase) Angels, by which Phrase is not only signified the Office of Princes (viz.) That they are God's Vicegerents, but the manner of their Mission, that is by the immediate Com­mission and Constitution of God Almighty; from whom alone, and not from the People they derive their power. Which origine of theirs I think is further evident from hence, that the Supreme Governour is invested with such an Authority as does include in it a Power of Life and Death; for which single Prerogative we must have recourse to the Fountain and Source of all Power: for seeing we nei­ther have, nor ever had a power over our own Lives, but on the contrary God has expresly told us, That he that sheddeth Man's Blood, of Man shall his Blood be shed; it is impossible that Kings should derive their Power from the Peo­ple, for 'tis an infallible Maxim, Nemo plus Juris in alium transferre potest quam ipse habet. So that it must necessarily follow from hence. That Kings must have been instituted by God; for 'tis He and He only could bestow this great Priviledge upon them; and since we find the Fathers of Families Ex­ercising this Power, we may assure our selves that originally Patriarchal and Regal Jurisdiction were all one; as likewise appeares from this, that Obedience and Submission to Magistrates is commanded us by the Fifth Commandment, where it is only said, Honour thy Father, &c. So that as Paternal Power was from the Begining, so must Regal too.

Besides from hence I take it to be plain, that even at that time that God gave his blessing to Noah, Gen. 9.6. there was a Regiment established; (which could be no other than Monarchy) for else that command of putting the murderer to death given at that very time, could not have been put in Exe­cution, but must needs for a long time have continued ineffectual: for had any private man assumed that Power, he must necessarily have been guilty of the same crime; so that either we must allow of Magistracy at that time, or else make God command a thing, and not appoint means for the execution of it.

And I cannot see why we should date the original of Government any la­ter than the Creation; for certainly we cannot perswade our selves that Na­ture, that so carefully provides for the preservation and well-being of all Crea­tures, should only be defective in her care for the noblest Animal in the uni­verse, since nothing can be more necessarily required for the happiness of any thing than Government for mankind: Cicero 3. de Leg. for, sine imperio nec domus ulla, nec civi­tas, nec gens, nec hominum universum genus stare, nec ipse denique mundus potest, without Empire, neither the whole nor any the least part of the world could be conserved in peace and order, but all would immediately run into Ruin and Confusion.

And now, if I had a mind to enter into so large a Common-Place, it were ve­ry easie to cloy, even the most greedy of such kind of Pedantry, with senten­ces from the Fathers and other Primitive writers, to show with what full Cry they all assert Monarchy to be sounded by God and Nature; but waving a thing so obvious to every body, I shall take notice that this opinion is so far [Page 31]from being a Stranger to our Laws, that it is expresly resolved by all the Judges in England, in Calvin's case, that subjection is from no Humane Law, Co. 7. Rep. 1. but from the Law of Nature: and if so, then of necessity must Regal Right be from the same Law, because no man supposeth subjection where he does not presuppose power. Besides, you cannot but have observed above, Rot. Parl. 39. H. 6. Rot. Parl. 2. E. 4. Rot. Parl. 1. R. 3. how many Parliaments of different Interests and Tempers have agreed in this, that the Kings of England hold their Crowns by the Laws of God and Nature, and therefore cannot be reputed of Humane Institution, and hence it is that the King is stiled in our Statutes, our Natural Liege Lord, and his People like­wise Natural Liege Subjects, and the fidelity owing to the Crown, Natural Obedience; which manifestly also appears from all Indictments of Treason, that of all other things are pen'd with the greatest niceness, wherein the persons indicted are charged whith Treason against — their Supreme and Natural Lord, contra Dominum Regem Supremum, & Naturalem Dominum suum. Nor will any of their trifling evasions serve them to evade this: for to an impar­tial Judge, Herod. lib. 1. it will no doubt appear that no other sence ought to be put upon it, but what was meant and expressed by Commodus, the Son or Marcus, when he closed his Oration thus, Jure principem colite non datum sed natum.

But if, will some say, Monarchy be Jure Divino, why were not Gods own People governed according to that sacred Form? and why are we told in the Scripture that when that Regiment was introduced first, it came in by the Peo­ples Choice and Consent? I answer first, that God out of his extraordinary kindness to the Jewish Nation above any other, was of his goodness pleased to reserve the immediate Government and peculiar Care of them to himself, whereas he governed all the rest of the World by his Vice-Roys: so that pro­perly it was a Theocracy, wherein God himself did immediately preside, whilst other Countryes were made, as it were, Provinces of. But when the Jews, a people most inordinately bent upon change and novelty, were grown weary of this excellent Administration of their affaires, and desirous to be go­verned after the manner of the Neighbouring Nations, they came to Samuel and said, make us a King to Judg us, &c. 1 Sam. S. 5. which 'tis not likely they would have done if the choyce had been in them. And when God Commanded Samuel to yield to their Importunity, he said, 1 Sam. 8.22. hearken unto their voice and make them a King, and accordingly he anointed Saul, without so much as acquaint­ing them. And consonant to this Interpretation is the sence of their great Rab­bies: Vie Schickardi Juris Regi [...] Hebraorum. c. 1. for Aben-Ezra immediatly adds upon the mention of — Whom the Lord shall Choose? Scilicet per Os Prophetae vel indicio Ʋrim; adeoque sensus est non quem tutemet elegeris ipse. 1. e. either by the mouth of a Prophet, or by the direction of the Vrim; so that the meaning is not, that the people should have the Choice of him: And as for what followed, it was nothing more than a Solemn and Ceremonious acknowledgment of Saul, whom God had ap­pointed over them.

But the strongest Objection is drawn from, 1 Pet. 1 Pet. 2.13.14. Submit your selves to every Ordinance of Man for the Lords sake, whether it be to the King, as supreme: Or unto Governours, as unto them that are sent by Him, &c. 2.13. where Kings are called an Ordinance of Man, for if so, then are they far from being Jure Divino. But if this be duly considered, I am perswaded that it will appear of no force at all: because in this Text there is a signal chara­cter which keeps it from concluding the Supreme Power to be Originally in the People, not only by calling the King Supreme, such as in St. Pauls Divinity, Rom. 13.1. are affirmed to be Ordained of God, [...]. Rom. 13.1. From whence the excellent Grotius (what ever his opinion might have been in his younger dayes) Concludes, that all Kings do receive their Power from God, and not the People, as much as if they were immediately nominated and anointed by a Prophet; and that the Power distinct from the Person of the King, is not here meant, is clear from hence, that v. 3. it is added, [...], for he (that must needs be the Person of the Magistrate) is a Minister to thee for Good—Nor can the Power abstracted from the Magistrate do what is here attributed to him, to commend and incourage, v. 3. Avenge or Punish, v. 4. And the Matter is clear from, v. 3. where [...] being afraid of the Power, is all one with [...] the Rulers are a Fear or Terror in the begining of the Verse, and that [...], ought to be rendred Supreme, and not higher, it's evident from comparing it with, 1 Pet. 2.13. where the King is called [...] as having his Commission from God, whereas the rest are appointed by him. ‘ Certum est (sayes Grotius) hac voce [...] designari ab Apostolo summum Magistratum.’ and so no Humane Ordinance: but also by distinguishing the Governours, v. 14. from the Supreme, v. 13. by this that the Governours are sent by, i.e. have [Page 32]Commission from the King, which might, and doubtless would be said of the King, that he were commissionated or sent by the People, if he were of their Creation; but of this there is not to be found the least hint or intimation: but this is evident beyond contradiction from the signification of the Phrase [...] (be subject [...]) which according to all analogy ought to be rendred Humanae Creaturae: Thereby meaning any part of Mankind; not Ordinance of Man, thereby signifying a thing of Man's Creating; for then the Phrase to express it, would be [...]; because if we compare one place of the New Testament with another, we shall find that [...], signifies generally Pro humano omnigenere accipitur, sive pro gentibus omnibus, ut lo­quuntur Mat­theus & Lucas. Theod. Beza. in loc. citat. all Mankind, as appears from this, that the Creation and the World are all one; and all the Creation or every Creature, Mar. 16.15. are the same with the whole World, in the beginning of the verse, and all Nations in the paral­lel places of St. Matthew and St. Luke; and thus Rom. 8.19. The expectation of the Creature or Creation, is the hope which the Heathen World had, that they i. e. the Gentiles as the manifestation of the gracious Priviledge of the Messias, should also be freed from the slavery of Corruption unto the Liberty, &c. Now there is but one colourable Objection to be made to this Explication, as if this precept were thereby so extended, as to command obedience to every Man. But to this, I Answer, That the word, Be subject, generally relating to the Magi­strate, will require our Obedience to none but such; and St. Peter, as if he had foreseen this difficulty, has restrained the general signification of that Word, by enumerating the particulars to whom Subjection is due, viz. the King and his Ministers, to whom only, our Obedience is limited and enjoyned.

I can scarce think our Pamphleteer's Objection, pag. 15. worth the con­sidering, where he sayes, that since there can be according to the Opinion I have advanced, but one rightful Monarch in the Universe, viz. he who is the direct, and lineal Heir of Adam; because no Prince can make out any such Title; therefore, their Thrones instead of being supported, are hereby very much shaken: for a Man need but a small stock of Judgment to dis­cern his premises to be as true as his inference is false; for where-ever the Lawful Heirs are supposed to be dead or unknown, the actual Possessour has the greatest Right, and can with as little Justice be dispossessed of what he enjoys, as if he were the rightful owner; for even as Robbers and Thieves, while they are possessed of Stolen Goods, have a Title in Law, against all others but the true Proprietors; insomuch, that it is a Sin for any other to deprive them of such Goods: So Usurpers have a Title in the Government against all Persons, but the true Heirs; who alone, and those impowered by them, can legally and justly go about to molest and disturb them: And where the Usurpation has continued so long, that the knowledge of the right Heir is lost by the People, it is no longer to be look'd upon as such; but every one is obliged to comply with the Government, and Governours then established; so that no Prince has any reason to be Alarm'd at this Doctrine, unless this Gentleman can produce the Lawful, and Lineal Heir to Adam, which I am perswaded will be somewhat an hard matter to do. Nor are either the Properties or Laws of any Countries endangered, since they have all the Security that Oaths and Promises can give them for them, and greater Security Subjects cannot have from their Prince, unless they had a Power to call their Soveraign to an account for the Male-administra­tion of his Trust; a thing no Men in their right Wits can pretend to. As for the [Page 33]rest of our Gentleman's impertinent Cavils about this Matter, I shall not give them the Honour of an Examination: for he may as well undertake to prove Marriage to be no Institution of God, because not observed by some Nations, where the Men and Women without any Ceremony accompany one ano­ther promiscuously, as from the Practice of the Venetians, Netherlands, Poland, Germany, and Aragon (where by the By, the Case is quite alter'd from what it once was, by the Conquest of that Country, by Philip the Second) conclude Monarchy to be a humane Invention. And thus I think I have sufficiently made out my First Proposition, that Monarchy is a Divine Ordinance, and undoubted Institution of Nature.

The Second thing I undertook to prove, was, that the Crown according to the Law of God, Nature and Nations, ought to Descend according to Primo­geniture, and Proximity of Blood; which will, I doubt not, very Evidently ap­pear from the foregoing Discourse: for if Monarchy be of Divine Right, as I think I have made more than probable, and that Adam was during his Life Uni­versal Monarch, there is no question to be made, but that Right was by his Death transfer'd to his Eldest Son, and Successor Seth (I call him Eldest, tho Born after Cain, because God, who as He hath given, can take away, had dis­inherited the latter, for the Murder of his Innocent Brother Abel; so that, be­ing Excommunicated, and made a Vagabond, driven from his Parents, and turn'd into the wide World (as we say) to seek his Fortune: I reckon of him as if he were not in being.) Nor is this bare Conjecture, for Cedrenus can tell us, that as [...]. Ce­dren. f. 9. Adam was Emperour of the World during his Life, so was [...]. Ce­dren. ubi su­pra. Seth after his Decease, his Successor in the Dominion over all Mankind. And that the rest of the Patriarchs Succeeded, and Governed the World by the same Right, I take to be beyond Dispute, if this be admitted, as I can see no Reason why it should not. I am sure of Canaan the Son of Enoch, and Grand-Child of Seth, We have a very remarkable and express Testimony; he was Emperour over all the World, and lies Buried in an Island of the East-Indian Sea; the Memory whereof remained there in Tables of Stone in Alexander's time, as Alexander relates in his Letter to Aristotle, Recorded by lib. 2. cap. 11. Josephus Ben-Gorion. When after the Universal Deluge, Noah remained Master of the whole Earth: he by that Right which God and Nature had invested in him, divided the World a­mongst his Children, to every one he gave their share, but over and above that, a kind of Supremacy over the whole, as Lord in chief, after the old Patriarch's Death, was transfer'd to his Eldest Son Sem, of whom his younger Brethren held their Kingdoms in Fee, [...]; sayes the Cedren [...] sol. 12. Hi­storian, speaking of Sem.

Tho perhaps this Notion of an Universal Empire may seem strange to some; yet 'tis the Opinion of not a few Learned Men, That Babel was designed for the Chief Seat of it: And if Melchisedec be, as I think the Learned Dr. Willet, in his Commentary on Genesis, has made more than probable, no other than Sem; I think the Scripture will afford us some very considerable Hints of it, from the great Respect paid, and offering of part of his Sub­stance to him, as an Acknowledgment of his Supremacy over the Uni­verse.

But tho there be so good Evidence for this Opinion in History; yet I can­not think, that it stands in need of it; for 'tis so expresly and clearly laid down in several Places of Scripture, that he must industriously shut his Eyes against Truth, that cannot see it: For, Can any thing be more plain, than this Text, where God Almighty sayes to Cain of his Younger Brother Abel; Gen. 4.7. Ʋnto thee shall be his Desire, and thou shalt Rule over Him? Unless by the Divine Law of Nature such a Right had been annexed to Primogeniture, Would God have put him in mind of such a Prerogative? We cannot suppose, he did then bestow it upon him, lest he should take Pet, because his Offering was Rejected, and his Brother's Accepted: Certainly, there is more Reason to [Page 34]believe, God would at that time have deprived him of that Preheminence, which belong'd to him by Birth-Right; and that, no doubt, he was afraid would be the Consequence, from whence sprung the Hatred he bare to Abel: But God was graciously pleas'd to remove that Distrust from him, by telling him, That tho he had offended, yet should not that Prerogative be taken, from him; he should still continue to be Lord over his Brother: Vid. Cal­vin, in loc. & S. Chry [...]st. Homi [...]. 18. To thee shall be his Desire, and thou shalt Rule over him. A clearer-Proof than this perhaps cannot be shewn, for Honouring and Obeying Parents, or any o­ther Moral Duty, except that of doing no Murder, before the Promulgation of the Decalogue. But if this be not sufficient, it will further appear from the Blessing given to Jacob by Isaac his Father; where he tells him, He shall be Lord over his Brethren, Gen. 27.29. and his Mother's Sons shall how down before him: From which Place, all the Commentators with one Consent conclude, That a Royal Power was due to the Eldest Son by Birth-Right; and certainly, there must have been something more than ordinary due to the First-Born, or Esau could never have deserved the Title of Profane, Heb. 12.16. which is bestowed upon him by the Author of the Epistle to the Hebrews. I know, 'tis gene­rally agreed to be upon the Account of the Priesthood, which, together with the rest, was due to the Eldest: And since we have so clear Evidence for this Right, due to the Eldest by Birth, as appears from Numb. 3. Vers. 12. where God declares, he had made Choice of the Levites, instead of the First-Born, to be Priests; I cannot conceive; why that Prerogative of a Superiority and Do­minion over their Brethren, should be denyed to belong to them by the Law of Nature too, since we have such clear Intimation of it: For when Jacob blessed his Sons, and told 'em what would happen to 'em in the lat­ter Dayes, Gen. 49.3. he calls Reuben his First-Born, The Excellency of Dignity, and the Excellency of Power: Whereby is signified the Right he had by Birth to the Priesthood and Kingdom, and Double Portion; to which Sence the Chal­dee Paraphrase exactly agrees: But because of his Sins and Transgressions, God had deprived him of 'em, the Priesthood was given to Levi, the King­dom to Judah, and the Double Portion to Joseph. Nor are we to look up­on Jacob, as taking upon him to dispose of these Things himself; but only fore-telling, what would in due time, by God Almighty, be brought to pass, and of which they were patiently and cheerfully to expect the Event. But when Moses, by God's Command, delivered the Law to the Jews, this Pre­cept of Nature, Of giving a Double Portion to the First-Born, is there again repeated and enjoyn'd, and so made a Part of the Positive and Revealed Will of God, who gives this Reason for it; because He is the Beginning of his Father's Strength, Deut. 21.17. and the Right of the First-Born is his: Which way of Expression is never used, but when something is commanded, which by the Law of Nature they were obliged to the Observation of before. And of this Opinion is the Great Selden; who sayes, 'Tis injoyned in such a manner, Selden, de Successionibus, &c. cap. 5. Ac si recepto antea in gentem more subniteretur, as if it had been the Constant Practice and Custom of the Nation to observe it before. And in this Pre­cept 'tis not to be question'd, Succession to the Royalty is included; for in the Titulo de Re­gibus. Talmud, 'tis said, Qui praecipuum jus habet in Haereditate, is & in posses­sione Regni: ideo filius natu major praeferur minori: i. e. Whoever has the greatest Right to Succeed in any Inheritance, he ought to be Advanced to the Throne; and therefore, the Eldest Son is alwayes prefer'd before the Younger. And accordingly we are told, That Jehoram succeeded Jehosophat; and the Reason given, 2 Chron 21.3. Because he was the First-Born: Which would not have been added, if upon that account the Kingdom had not been his due.

And if we take the pains to look into History, we shall find the Practice of the World agreeable in preferring the Eldest Son, before his Younger Brethren. In Polyphm. Herodotus can tell us; [...]; That it was the Custom of all Nations, for the First-Born [Page 35]to enjoy the Royalty: And consonant to this, Lib. 2. is what we are told out of Tro­gus by Justine; Artabazanes Maximus natu aetatis privilegio regnum sibi vin­dicabat, quod & ordo Nascendi & natura ipsa gentibus dedit: Artabazanes, the Eldest Son, challenged by the Prerogative of Age, the Kingdom; to which, by Priority of Birth, and the Law of Nature common to all People, he had an Undoubted Right. I might here produce a great Multitude of Quotations from these, as well as other Authors, to shew how Universally this Custom prevailed in all Places; how generally it was Received: But I shall content my self to take notice of the Unanimous Agreement of the great Doctors of the Civil and Canon Laws, in this Matter: Ex hoc jure. D. de Justit. & Jure. Baldus sayes posi­tively; Semper fuit, & semper erit, ut primogenitus in Regno succedat: It alwayes was, and ever shall be, that the First-Born, (and next of Blood) Succeedeth in the Kingdom. And herein he is followed with the full Cry of all the Best and Choice Interpreters of both Laws; who, with one Voice, agree, That in Kingdoms, and other Dignities, which are Indivisible without Dis-membring, the Eldest Son doth entirely Succeed: And this, many of them, do call the Law of all Nations, derived from the Order of Nature, and from the Institution of God, and Confirmed by the Canon, Civil, and other Positive Laws.

Now, what hath been said of Primogeniture, in Point of Succession to the Crown, doth so evidently, by Consequence, extend it self to Proximity of blood, that I shall say no more of it, but proceed to Answer an Objection drawn from the Holy writ; For say some, If this Birthright be so sacred a thing, as I have asserted it to be; How comes it to pass, that so many have been deprived of it? How came the tribe of Judah to get the Scepter from Reuben? And, Why was Solomon advanced to the Throne, to the total disinherison of his elder Brethren?

I answer, That those that make this objection, never consider that this was all done by the express command of him, who ruleth in the Kingdom of men, Dan. 4.25. and gi­veth it to whomsoever he will: tis well known that David of the Tribe of Judah was immediately chosen by God himself, and appointed to be Ruler of his own People; and it was by an express warrant from the same God, 1 Chron. 28.5. that Solomon was made his successor, as appears from the mouth of David himself; 1 Chron. 28.5. ‘ And of all my Sons (saith he) for the Lord hath given me many Sons,’ 1 Chron. 29.1. he hath chosen Solomon my Son, to sit upon the Throne of the Kingdom of the Lord over Israel. So that these and the like Instances (and none other can be produced) signifie nothing to the purpose.

And if we do but impartially weigh the Recognitions of so many several Parliaments; as I have taken notice of above, we shall find this great Truth openly and fully acknowledged; 'tis unanimously agreed, That the King's of England come to the Crown, not by any Human Right, but by the Laws of God and Nature.

And thus, I think, I have effectually proved my Two First Propositions, viz. That Monar­chy, Jure Divino & Naturali, is Founded in Paternity; and, in the next place, That the Crown of England is, and ought to be inseparably annexed to the Proximity of Blood, by the Laws of God and Nature, and this Realm, Cons. Rot. Parl. 1. E. 4. Rot. Parl. 1. R. 3. 1 Jac. c. 1. (if we may give Credit to the Declarations of so many Parliaments, of different Humours and Tempers.) So that, it will prove no very hard Matter, to make good what I undertook in the Third place; to wit, That an Act to Exclude his R.H. would be utterly Unlawful, and ipsofacto, void; because, contrary to all Laws, Divine, Natural, and Humane; and so it ought to be adjudged, when ever it comes to the Question before the Reverend Judges; For the Laws of God & Nature are the Rays and Emanations of the Divinity, they are Undeniable, Eternal, and Immutable, and therefore cannot be Alte­red or Impeached by any Humane Power or Authority, but only by the God of Nature it self, who did Originally ordain them; and so many and plentiful are the Instances of Statutes ex­pounded void, because contrary to the Law of Nature, that it would be loss of time to take notice of, or enumerate any of them, & no doubt upon this ground it is, that those two great and learned Dectors of the Law, Jason and Angelus, do positively aver, that tho the Eldest Son of a King be either a Fool or a Madman (either of which qualifications are as pernicious to the Government, every whit as being a Papist) yet can he not be excluded from Succession.

And I doubt not, it may be made evidently appear, that Succession of the Crown to the next Heir of the Blood Royal, is so Fundamental and Primary a Constitution of this Realm, so antient and received a Custome, that against it There never hath been, nor ought to be any dispute: as His Argu­ment of the Case of the Postnati, pag. 36. the Lord Chancellor Egerton will inform us: and if we look into our [Page 36]Antient Records we shall find more than one Parliament declaring, that Jura Sanguinis nullo Jure civili dirimi possunt. And it is held by several great Lawyers, that a Prerogative in Point of Government, cannot be restrained or bound by Act of Parliament: And surely then much less can such an Act he of any force in so high a case as this of Succession; for certain­ly, if this were once allowed, the Government would cease to be Hereditary, and degene­rate into an Elective One; And 'tis not to be question'd, but such a Power as enables the Parliament to break off one link, may give them a sufficient Authority to shatter in pie­ces the whole sacred Chain, and totally exclude the present Line, and together with that, Monarchy; which, I pray God, may not be the bottom of too many Men's designs, let them gild over their proceedings with never so specious and popular Pretences; and no doubt, out of a provident Foresight of the Calamity, and dismal consequence of such designes, it was that the Lords, and Commons did declare, That they could not assent in Parliament to any thing that tended to the Disinherison of the King, Rot. Parl. 42. E. 3. Num. 7. and the Crown (which this Bill of Exclusion evidently does) whereunto they were sworn; no, tho the King himself should desire it. But what comes more home to the point, is the answer of Richard Duke of York, to the Kings Friends, who urged an Act of Parliament against him; who told them, That such an Act was to take no place, Rot. Parl. 39. H. 6. Numb. 10, &c. nor was of any force or effect against Him, the Right Inheritor of the Crown, as it accorded with God's Laws, and all Natural Laws. And this Answer of the Duke's, is, by express Act of Parliament then assembled, recognized and acknowledged to be Good, True, Just, Lawful, and Sufficient: so that, in effect, we have an ingenuous and full Decla­ration as can be, that the Right of Succession is absolutely unimpeachable by any Humane Power; and that the Kings of England in possession, their Heirs and Successors in reversi­on, have an indefeasible right to the Crown, which they cannot be deprived of by any Au­thority, less than that which invested them therewith.

Besides, 'tis a Maxim of our Law, That as the King never Dyes, (which is meant of that Po­litical Capacity; which, in that very Moment one King Expires, is Superadded to the Body Natural of the Next Heir, whereby he immediately becomes King: And this Political Capa­city being of that Sublimity, that it is no wayes subject to any Human Imbecilities of Infa­my, Crime, or the like, it draweth all Imperfections and Incapacities whatsoever from that Natural Body, where with it is Consolidate, & (as it were) Consubstantiate; so the Crown, once gain'd, takes away all Defects, removes all manner of Bars and Lets laid in the way to the Succession: For 'tis impossible to hinder the Descent to the Next Heir; because that being removed be­yond the Reach of a Mortal Arm, must go exactly in that Course prescribed by God and Na­ture; and being joyn'd to, and indivisible in one Royal Person thereby, this later Capacity being added to the former, purgeth, eo instante, all Obstructions of what Nature soever: And tho his Natural Body, before this Union, was subject to the Lash of the Law; yet, upon the Conjunction of this Political and Immortal Capacity with it, they grow inseparable: And consequently, by reason of those Divine Perfections inherently and indubitably annexed to that Coalition, the Prince, what ever Crimes he might have formerly been guilty of, is now placed above Humane Justice, and answerable solely to God Almighty; to whom, and none other, he owes Subjection.

And thus it has been expresly resolved by all the Judges of England, in the Case of Two Princes, who were as much Disabled, as an Act of Parliament could [...]o it: The First was, when Henry the Sixth, by the Assistance of the Great Earl of Warwick, re-assumed the Crown; for Edward the Fourth had pass'd an Act to disable him from all Regiment, and attaint him of High Treason: But notwithstanding all this, the Judges were of Opinion, That in the same Mo­ment that Henry Re-assumed the Crown, the said Parliamentary Incapacities were (to all In­tents) discharged and avoided; not because (as our Pamphletier, pag. 17. would have us be­lieve) Edward was not Lawful King: For if either Right of Blood, or an Act of Parliament could give him a Just Title, there's no doubt to be made, but he had One: But for this very Reason, That the Crown, once gain'd, taketh away all Defects.

The next Instance is of Henry the Seventh, who being once possessed of the Throne, the Reversal of his Parliamentary Attainder was unanimously agreed by the Judges to be unneces­sary; for That the Crown takes away all Defects in Blood, and Incapacities by Parliament: And that from the Time the King did assume the Crown, 1 H. 7.4. Fitz. Parl. pl. 2. Plowdens Com. 238. Co. 1. In. stit. 16. a. the Fountain was cleared, and all the said At­tainders and Corruptions of Blood, and other Impediments absolutely discharged. And this being constantly received for Law ever since, I cannot but wonder this Gentleman should go about to call in question the Judgment of so Many, and so Great Lawyers, by his Impertinent Cavils; for 'twas upon this Precedent, that the Lord Keeper Bacon did advise Q. Elizabeth, not to Repeal that Statute, wherein she was made Illegitimate. Nor was it upon the Account of any Attainder, that the House of York forbore so long time to pursue their Claim to the Crown; but want of Interest: And when he tells us, The King of France was the more in­clined to send over his Son Lewis, because King John was Attainted of Treason, and so, unca­pable of taking the Crown, he must certainly have forgot himself, or he would not have made use of an Instance (granting it to be true) so contrary to his Purpose: For it seems, the English, when he came to the Crown, had but a very slender Opinion of such a Bar, or else they would never have admitted him; But the King of France was glad of any Pretence, tho never so Ridiculous: So that, we see the Judges were not without Precedent to direct their Proceedings by; and such a one (if the Story be true) as had the Approbation of the whole, or greatest part of the Kingdom.

But that Objection which has most shew of Force, is drawn from the Recognition of Richard the Third's Title, which he takes a great deal of Pains to set off to the best Advantage: But I think, he might have spared his Pains, if he had but considered, that those Men that, to Advance an Usurper to the Throne, had (contrary to their Knowledge) declared all the Late King's Children to be Bastards, would scarce stick at Declaring (contrary to all Right and Justice, which they had already so notoriously violated) an Attainder of Treason to be of sufficient Force to debar the Issue of the Duke of Clarence, who were not in a Condition to assert their Title for the Crown, without considering the Truth of it.

And it is considerable, that all those Acts made in Contradiction of one another, were ne­ver heeded or esteemed by either Party, or ever deter'd, either the Heads of 'em from pursu­ing their Claim, or the People from assisting them in it; & the End of all such Statutes was to vanish into Smoak, and come to nothing; and, for the most part, never to have the Honour of a Repeal. Besides, a Thing done in Tempestuous and Turbulent Times, is not to Guide and Direct our Actions now, especially since we have the Sense of so many several and diffe­rent Parliaments; and therefore the more Remarkable, to the contrary; wherein it is de­clared, That the Succession of the Crown of England, is inseparably Annexed to Proximity of Blood; and, That a Title of this Sublimity and Grandeur, is not at all Impeachable even by Act of Parliament. And besides, the Parliament of 39. H. 6. doth make their Declaration to the manifest Prejudice of the King in Possession, who was Ordained also by the same Ac­cord then made, to Reign over them during his Life; and whom, for that Reason, it must be presum'd, they would have favoured, if they had found but the least colour so to have done.

And if the Actual Possession of the Throne, as has been so often Recognized by our Anti­ent Parliaments, which were neither over-aw'd by a prevailing Faction, nor seduced by the plausible Pretences of designing Demagogues, be by the Law of God and Nature, invested with the Soveraignty; it does most evidently follow, that the Heir Apparent, or Next of Blood, is, by the same Laws, entituled to the Crown; and consequently, the People have no more Right to Dis-inherit the One, than to Depose the Other; and doubtless, it is the same Sin: As to cause the Abortion of an Embryo, and to take away the Life of a Child already Born, are both alike Murder; for both have an equal Right to Life, tho they differ in the Time of the Enjoyment of it: And so have the Possessor, and the Heir, to the Throne; on­ly One is actually Master of it, and the Other in due Time must and ought so to be.

‘ But to affirm, (sayes this Gentleman) that the King and Parliament have not a Power to Change the Direct Order of Succession, is to deny the Government a Power to Defend it self.’ To this I An­swer. 'Tis much more likely, that altering the Course of the Legal Descent of the Crown, is the more probable way of bringing us into Anarchy and Confusion: Besides, acording to his Notion of Self-preservation, a Prince that Governs not according to the pleasure and good liking of the People, may be Deposed, or else they would be deprived of a power of preserving them­selves: A very peaceable Notion, I assure you; and such as would render every Government, where it was admitted, most extreamly Happy. But it ought to be proved, That the ad­mitting of a Popish King would be an Infallible Cause of the Ruin of us all; or else, I much fear, this adored principle of Self-preservation, will not Justify the Exclusion of his R.H. For no­thing less than absolute Necessity, will authorize a Man to kill his Enemy, as when he endea­vours by violence to Rob him of his Life: and 'tis then only he can lawfully Kill him se Defen­dendo: But that he should be allow'd to destroy any, that out of a Groundless Jealousie he apprehends may do him a Prejudice, is the Highest Degree of Madness, and Destructive of all Humane Society: For if it were allowed for one to Kill all he is afraid of, we could expect nothing but Murders and Massacres, nothing but unavoydable Confusion and Ruin. 'Tis convenient, I grant, to bind such as we have just Ground to be apprehensive of, to their good Behaviour, and tye up their Hands according to the Laws of the Land: And cer­tainly, one would think, this would be sufficient Security in the Case of his R.H. if too many of those that so zealously stickle for the Bill, had not a deeper Design, than that they give out, even to Lay the Axe to the Root of Monarchy it self: 'Tis that they aim at, and have such a Thirst to destroy under this specious pretence, and set up their adored Idol, their beloved Common-Wealth: And if they had not this colour for their Proceedings, I am very much afraid, they would be guilty of some what worse. Nor am I in this at all Uncharitable, since this Gentle­man has pag. 19. given a very excellent Hint to Justify such a Design: For he tells us, That the Crown is not a bare Inheritance, but an Inheritance accompanying an Office of Trust; & that if a Mans Defects render him incapable of the Trust, he has also Forfeited the Inheritance. Can any thing be more full and plain? May not, upon this account, the King (in Possession) be Removed, as well as an Heir secluded? So true is that Observation, That all the Pamphlets writ upon this Subject; tho they begin with the Duke, yet constantly End with the King: They would have us believe, they only aim at the preservation of His Majesty, their Religion, Lives, and Liber­ties; when in truth, they are so resolutely bent upon the Destruction of Monarchy it self, that in spight of all their art, they are not able to disguise their Intent; but let such things slip from their pens unawares, that at once makes a perfect Discovery of their Hypocrisie and Vil­lany. But if this will not do, he can tell us. That there is a Supreme, Ʋncontroulable Power lodg­ed in the King and Parliament; from whence he collects, if he intends to prove any thing, That they have a power to command, and exact our Obedience to every thing they enjoyn: An Opinion, I assure you, that were there neither Heaven nor Hell, God nor Devil, would very much con­duce to the Peace and good Government of Mankind; and you know, Mr. Hobbs has done ve­ry [Page 38]fair for one, towards the driving such Scare-Crows out of the World. But you see, by this how strangely he is put to it, to bouy up his sinking Cause; but he does as well as he can Drowning Men catch hold of any thing.

But above all things, I cannot sufficiently admire his Confident challenge of producing any one instance where ever any Nation, not under the immediate force of a Conqueror, did admit of a Prince, of a Religion contrary to that established; when Scriptures the History of the Byzantine Empire, and the Annals of our own Country, could have furni­shed him with so many examples: for how many Idolatrous Kings, do we read of its Ho­ly-Writ, that without any disturbance of opposition succeeded and governed in Israel, tho' their inclinations were well known before their coming to the Crown? but we hear not one word of Disinheriting or Deposing them, (unless by such as are there bran [...]ed with the Name of Traytors and Villains,) except by the immediate and most visible Act and Finger of God himself, who being the Creator of Nature, can alone (when it pleaseth him) con­troul her Methods and Operations; and certainly if any such Power there, had been lodg­ed any where in the Jewish Government, we should have found it put in Execution, I doubt not, by that People, whose Religion was much more inconsistent with the I [...]olatry of the Heathens, than ours with that of Rome, and so they had the greater Obliga [...]i [...]ns to endeavour to prevent the Succession of an Idolatrous Prince: and if we may ta [...]e any measure from the Primitive Christians, we shall not find any thing to countenance our present proceedings; for after their Religion was become the established one of the Em­pire, I cannot hear that they endeavoured to seclude Julian the Apostate [...] the Im­perial Diadem, tho' they were no less acquainted with his Inclination to these Religion, than his natural Temper. Nor do I ever find the Orthodox party talking of impeaching the Right of Succession, when an Arrian (under whom they were som [...]times as severely per­secuted, as ever their Ancestors were in the time of the Heathens) Was the Heir Apparent; 'twas a Doctrine unheard and unthought of amongst them. They had recourse only to the true Christian Arms of Prayers and Tears for their Defe [...]ce: For the Church in those dayes was not so literally Militant, as it has been of late. And in our own Country, have we not seen a Mary and Elizabeth, Princesses of a contrary Religion to that established, Succeed to the Throne without any resistance, or at least such as rather strengthen'd, than shook their Throne. Queen Elizabeth met with none, and that against Queen Mary was rather an Offer, than any thing else.

But here I cannot sufficiently wonder at the disingenuity of this Pamphleteer, who has in more places than one endeavoured to insinuate, that all those who either oppose or are perswaded of the Injustice and illegality of the Bill of Exclusion, are Patists, or at least Popishly Affected; and therefore he cites the Opinion of two great Romanists, hoping thereby to convince them of the Truth of his Assertion; but he either forgets, or rather maliciously conceals, that the Doctrine of disinheriting and deposing Kings, and of the Natu­ral freedom of the People, is rank Popery: first broached and introduced by the Schoolmen, and since zealously maintained by the Jesuits, and other great Men of the Papal Faction; and I much fear whether if he would ingenuously confess the Truth, he must not acknowledge himself beholden to one of them for the greatest part of his Discourse; So true is it, that tho our Phanaticks (amongst whom, if I am not misinformed, our Author is or at least once was a leading man) and the Papists, tho they look contrary wayes; yet like Sampsons Foxes, they are tied together at the tailes, they are alike the firebrands and disturbers of all Coun­tryes where they come; So that I think I need not be concerned at the Sentiments of men so devoted to the Roman See, as Card. Fisher Sir, Thomas More. those he mentions. But for Sr. W. Raleigh; whose Testimony, both as a Protestant and a Judicious, Learned Man, I very highly value, I am not at all in pain; for if a Man do but look into the Quoted place (to which I refer my Reader) he will find him of quite another opinion than this Gentleman, who has strangely misrepresented him, would have us believe; from whence you may take the measure of this Man's Ingenuity, his Candor and Integrity; but by this time I think you are well enough acquainted with him.

And thus I have run through this whole Pamphlet, and I hope given a clear answer to every thing of any moment by him advanced; and as for some few little trifling passages not worth considering, I have passed them over, without taking any notice of them. And from a due Consideration of the whole matter, every man must infer, that the Kingdom of Eng­land is an Hereditry Monarchy, wherein the Succession of the Crown is inseparably by all Laws Divine, Natural and Humane, annexed to Proximity of Blood, and that all the Humane Acts and Powers in the World cannot hinder the Descent of it to the next Heir. And that whoever does but consult and examine impartially the History and Records of this Nati­on, must conclude, That nothing can be drawn from thence to savour the contrary opinion, which was the thing I undertook to prove.