Selected quad for the lemma: daughter_n
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A50856
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That the lawful successor cannot be debarr'd from succeeding to the crown maintain'd against Dolman, Buchannan, and others / by George Mackenzie ...
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Mackenzie, George, Sir, 1636-1691.
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1684
(1684)
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Wing M206; ESTC R19286
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31,910
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82
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to King Robert the 2d and she bore him David Earl of Strathern and Walter Earl of Athol Alexander Earl of Buchan and Euphan who was married to James Earl of Dowglass after whose deceass he married Elizabeth Muir Daughter to Sir Adam Muir not so much as Buchanan observes from any design to marry a second Wife as from the great love he carried to Elizabeth Muir whom because of her extraordinary Beauty he had lov'd very passionatly in his youth and before he married the Earl of Rosses Daughter and from the love which he bore to the Sons whom Elizabeth had born before that first Marriage who were John Earl of Carrick who thereafter succeeded to the Crown by the Title of Robert the 3d and Robert Earl of Fife and Monteith he prevail'd with the Parliament to prefer John eldest Son by Elizabeth Muir to the two Sons which he had by the Earl of Rosses Daughter who was as they pretend his first lawful Wife In which though I might debate many nice points of Law relating to this Subject yet I choose only to insist on these few convincing Answers 1. That in a Case of so great moment Historians should be little credited except they could have produc'd very infallible Documents and as in general one Historian may make all who succeed him err so in this Case Boetius who was the first liv'd and wrot 200 years after the Marriage of King Robert the 2d and wrot his History at Aberdeen very remote from the Registers and Records by which he should have instructed himself nor did he know the importance of this point having touch'd it only transiently though it has been design'dly press'd by Buchanan to evince that the Parliaments of Scotland might prefer any of the Royal Line they pleas'd and it is indeed probable that King Robert the 2d did for some time make no great noise of his first Marriage with Elizabeth Muir least the meaness of the Match should have weaken'd his Interest upon his first coming to the Crown he being himself the first of the Race of the Stewarts and having so strong Competitors as the Earl of Dowglass who claim'd Right to the Crown in the Right of the Baliol and the Cummings as Boetius himself observes 2. King Robert the 3d. having succeeded as the eldest lawful Son and having been receiv'd as such by that Parliament and his Posterity by all succeeding Parliaments the Possession of the King and the Acquiescence of the People is the most infallible proof that can be adduc'd for proving that Robert was the eldest lawful Son nor have most Kings in Europe or the Heads of most private Families any other proof of their being the eldest and lawful Sons save that they succeeded and were acknowledg'd as such 3. To ballance the authority of these Historians I shall produce the Testimonie of the Learned Sir Lewis Stewart one of the most famous Lawyers we ever had and who ought much more to be believ'd than Buchanan not only because he was more disinterested but because he founds upon Acts of Parliament and old Charters which he himself had seen in the Registers in which Elizabeth Muir is acknowledg'd to have been the first Wife Buchananus lib. 9. in vitam Roberti 2. affirmat Euphaniam Comitis Rossenssis filiam primam Regis Roberti 2. uxorem fuisse eâ mortuâ Regem superinduxisse Elizabetham Moram ex qua prius Liberos ternos mares suscepisset â—am â—xâ—rem duxisse ejusque liberos regno destiâ—â—sse ut postea eorum natu maximus sucâ—â—essit quod quam falsum sit apparet ex archivis in carcere Edinburgensi reconditis ubi exstant separata acta duorum Parliamentorum subscripta manibus Ecclesiasticorum praesulum nobilium baronum aliorum statuum Parliamenti eorum sigillis roborata quibus Elizabetha Mora agnoscitur prima uxor Euphania Rosse secunda liberis ex Elizabetha Mora tanquam justis haeredibus Regni successive regnum dcernitur post eos liberis Euphaniae Rosse nec non ibidem cartae extant plurima factae per Davidem secundum eorum patruum magnum ex diversit terris Ioanni filio primogenito nepotis ejus Roberti dum Euphania Rosse viverit nec non Dar vidi filio natu maximo Euphaniae Rosse quem solum filium indigitat Roberti nepotis quod non fecisset si Elizabetha Mora non prius fuisset nupta Roberto ejus nepoti naâ— primogenitus nunquam attribuitur notho inâ— ego plures quam vigintâ— cartas in archivis inveni ubi etiam eas reliqui ex quibus sole clarius elucessit Elizabetham Moram primaâ—â— fâ—isse uxorem Euphaniam Rosse secundam nam extra contraversiam liberi Elizabethae Morae etate grandiores eraâ—t liberis Euphaniae Rosse which Paper I did get from the Lord Pitmeden who has himself written some learn'd Observations upon this point 4. I have my self seen an Act of Parliament found out by the industry of Sir George Mackenzie of Tarbet now Lord Register having the intire Seals of the Members of Parliament appended thereto by which the Parliament do swear Allegiance to Robert the 2d the first King of the Race of the Stewarts and after him Roberto Comiti de Carrict filio suo natâ— maximo his eldest Son in Anno 1371 which was the first year of his Reign and if the pretended defect be true it was a very palpable and a very undenyable one and could not but have been unanswerably known to the whole Nation And how can we imagine that the whole Parliament would have unanimously drawn upon themselves so dreadful a Perjury by excluding the lawful Heir against their National Oath in the Reign of K. Kenneth the 3d whereby they swore to own always the immediate Heir or that they would have entail'd upon themselves a Civil War by preferring even a questionable Heir after the Miseries which they had lately then felt in the competition betwixt the Bruce and the Baliol Amongst which Seals the Seal of James Earl of Dowglass is one and how ridiculous is it to think that he would sit and declare a Bastard preferable to the Brother of his own Lady and to his own Lady who would have succeeded if her Brothers had died without Succession Which Act of Parliament does also clearly prove that Buchanan did not at all understand matters of Fact in this part of the History for he asserts that after the death of Euphan Ross the King married Elizabeth Muir and did by Act of Parliament obtain the Crown to be settled upon Robert the 3d Son to the said Elizabeth Muir upon whom he also bestow'd the Title of Carrick all which is most false for this Act of Parliament is dated in Anno 1371 and King Robert the 2d succeeded to the Crown that year nor did Euphan Ross die till the 3d. year after he succeeded to the Crown and so not till the Year 1374 and yet in Anno 1371 this Act is
by the Pagans as has been fully prov'd though it cannot be pretended that they rely'd upon any such miraculous assistance 3. It cannot be deny'd but the Fathers of the Primitive Church did recommend and justifie themselves in their Apologies to the Heathen Emperors for bearing patiently when they were able not only to have resisted but to have overthrown their Persecuters as is clear by the Citations out of Tertullian Cyprian Lactantius Augustine and others to be seen in Grotius De Jure Belli lib. 1. cap. 4. num 7. And it had been great impudence as well as sin in them to have boasted of a recent matter of Fact which was not true nor could there be a greater injury done to the Primitive Christians as Grotius observes than to ascribe that to their Weakness which they consider'd as an effect of Duty and why should the Heathen Emperors have suffered those to multiply who obey'd only because Disobedience was not safe for they might have certainly concluded that by the same Principle that they obeyed only because they were weak they would disobey how soon they were able 4. If the first Christians in general had obeyed only because they were not able to resist then any private Christian had resisted when he was able or would have fled or conceal'd himself whereas it it acknowledg'd in the other Answer press'd by Gronovius himself that they sought for Martyrdom and so these two Answers are inconsistent and the Thebean Legion and others did submit themselves voluntarly to Martyrdom with their Arms in their hands and when they were able to have overthrown the Emperor And lastly If this Doctrine were allow'd no Society could subsist for when Dissenters grew strong the lawful Magistrat behov'd to perish whereas Jesus Christ did contrive the Christian Religion so as that all Governours should reasonably wish their Subjects to be Christians and so as no Christian should attempt to overthrow the order and establishment of Civil Government and that they should not be drawn away from the practice of Christian Devotion by the carnal desires of being great and strong in the World nor have any hopes in the Arm of Flesh to the lessening of their immediate dependence upon him His third shift is That his Doctrine of Submission and of dying for the Christian Religion without making Resistance was only the Practice but not the Command of the Primitive Church and proceeded from their immoderat affection of the Crown of Martyrdom as Milntoun also pretends But since the express Command of Scripture is founded upon such clear Reason and since as Grotius well observes the Practice of the Primitive Christians who liv'd so near the Age wherein these Scriptures were pen'd is the best Interpreter of the Scripture it is horrid Impiety to make those blessed Martyrs pass for vain Hypocrites and distracted Self-murderers and it becomes us with holy reverence to imitate those whom the Christian Church has ever admir'd The fourth shift is That the Protestant Churches have been reform'd by such Insurrections as these contrary to the Royal Authority But this is fully answered by the learned Henry More in his Divine Dialogues and by Du Moulin in his Philanax Anglicus where likewise are to be found the many Testimonies of Protestant Churches and Protestant Divines condemning positively the taking up of Arms against the Soveraign Power even for the defence of Religion and the very Presbyterian Confession of Faith at Westminster is so positive as to this point that the Presbyterians themselves can never answer it The sum of which answer is That the King of Spain coming by Marriage in place of the Duke of Burgundy the said King of Spain could pretend to no more power than they had nor could the House of Burgundy pretend to any more power by marrying the Heirs of the Counts of the several Provinces than these Counts had over their Provinces and therefore since none of these were Soveraigns over their Provinces the Provinces might have resisted the King of Spain when he oppress'd them and consequently that Resistance cannot defend such as resist Supream Powers upon pretence of Religion Grotius de Antiq. Reipub. Baâ—av cap. 7. The opposition made by the Protestants in France was not occasion'd by Religion but upon a Quarrel betwixt the Princes of the Blood and the House of Guise in the Minority of Francis the 2d and is defended most excellently by King James himself not to have been Rebellion in his Defence of the Right of Kings pag. 14. The Opposition made by the Princes of Germany to the Emperor was founded upon the inherent Right in the Princes by the golden Charter of the Empire And Luther himself declar'd that Magistratâ—â— non erat resistendum and has written a Book to that purpose nor would he engage in the Confederacy for Defensive Arms at Smalcald until the Lawyers declared that that Resistance was lawful by the Laws of the Empire Vide Slydan Hist. lib. 8. anno 1531. The War that arose in Switzerland was not occasion'd by Religion for the Reformation was once establish'd with the con-consent of the Magistrat And the Eruption that was made by other Cantons upon the Reform'd Cantons eleven years after that Establishment Vide Slydan anno 1522. Nor was it Calvin who banish'd the Prince and Bishop of Geneva for he fled eight Months before upon the detecting of a Conspiracy by which that Bishop was to deliver over the Liberties of that City to the Duke of Savoy and for which his Secretary was hang'd Vide Turretin Annal. Reformationis anno 1529. And albeit those who Reform'd in Scotland in the Reign of Queen Mary pretended Authority from the King yet they were certainly Rebels and are condem'd by Rivet a famous Protestant Divine who also inveighs bitterly against this Principle Castiga Not. in Epist. ad Balsac cap. 13. num 14. sub finem From all which I observe First That all the Protestant Divines by making Apollogies for such of their Profession as have risen in Arms against Supream Powers must be thereby concluded to be asham'd of the Principle 2. Immediatly upon the quieting those Rebellions all the Protetestant Churches have in their Confessions of Faith declared their abhorrence of that Principle which being the product of Conviction and Experience joyn'd with Duty must be the most judicious and sincere Testimony of all others 3. All these Rebellions have been occasion'd by a mistake in point of Law and not in point of Religion for the Divines as I have related have been abused by the Lawyers And therefore since in the Isle of Britain the Laws of both Kingdoms have declared the Rising in Arms against the King to be Treason albeit for the defence of Religion it necessarily follows that this must be unlawful in point of Conscience in this Kingdom 4. Though good things may be occasion'd by a Rebellion yet that does not justifie a Rebellion for though Jeroboam was allow'd by God to rise against Rehoboam yet God Almighty himself calls his revolt Rebellion 1 Kings 12. 19. and 2 Chron. 10. 19. and it is observable that after this Revolt there was but one good King amongst all the rebellious Kings of Israel whereas amongst the Kings of Judah who were lawful Kings there was but one or two who were any ways impious so far does God bless a lawful Succession Some also use as a shift against this Orthodox Doctrine that the reason why the Primitive Christians did not oppose their Emperors in the defence of the Christian Religion was because they had not been secured at that time in the Exercise of their Religion by the Laws of the Empire and therefore the practice of those Christians can be no Argument why we may not now rise to defend the Orthodox Religion since it is now established by Law But this Objection is fully answered by that great great Antiquary Samuel Pelit Diatriba de Iur. Principum edictis Ecclesiae quaesito where he clearly proves that they were actually secured by the Edicts of the Emperors in the days of the Emperor Tiberius and downward and yet they would not rise in Arms though they were persecuted under these same Emperors because the Word of God and the Christian Religion did command Obedience under Persecution and discharged Resistance and taking up of Arms. Add to Page 73. I have also seen in Fordon's History lib. 14. pag. 73. a Charter granted by King David to the Bishops with the consent of Robert his Nephew and his Sons giving power to the Bishops to dispone in Testament upon their own Moveables which before that time did by a corrupt custom fall to the King in which Charter the Witnesses are Robertus Senescallus Comes de Strathern Nepos noster Ioannes Senescallus Comes de Carrict filius suus primogenitus haeres Thomas Comes de Mar Georgius de Dunbar Comes de March Gulielmus Comes de Dowglass so that here is not only the attestation of the Father before he was King naming John Earl of Carrick thereafter King Robert the 2d his eldest Son and Heir but the attestation of the Grand-Uncle King David who could be no ways byassed in the Affair and here he is ranked before the three eldest Earls in the Nation who were then the three first Subjects therein and it is against all Sense to think that the whole Bishops would have sought the consent of the said John as Apparent Heir of the Crown if he had not been Apparent Heir I find also that Fordon calls him when he is crown'd King Primogenitus Roberti secundi nor was there the least opposition made to his Coronation nor to the Coronation of Annabella Drummond his Queen a Daughter of the House of Stob-hall now Pearth though both the Sons of the second Marriage were then alive I sind also that Boetius himself acknowledges that the Earl of Marches Son George being pursu'd for having married clandestinly one of the Daughters of Elizabeth Muir his defence was that he married her when she was the Daughter of a private Subject and before King Robert was King whereas if she had been only a Bastard-Daughter it could have been no Crime to have married her