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A29174
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An inquiry into the remarkable instances of history and Parliament records used by the author of The unreasonableness of a new separation on account of the oaths, whether they are faithfully cited and applied.
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Brady, Robert, 1627?-1700.
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1690
(1690)
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Wing B4193; ESTC R7290
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59,327
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44
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them shall be reversed cancelled void undone revoked repealed and of no foâce nor effect Henry VI. was a King de facto according to the Author's Description as well before at and after this Parliament in the Ninth of Edward IV. and Forty ninth of Henry VI. and is said to be in this Statute yet in all these Times he is declared an Vsurper at this time a Rebel and his Reign a pretensed Reign and this Parliament is also declared a pretensed Parliament Statutes at large 1. Hân VII cap. 6. Richard III. was acknowledged to be a King by a Parliament of his own calling and was according to the Author's description a King de facto yet in the First of Henry VII he is declared an Vsurper of the Realm and not so much as allowed the name of King or pretensed King in that Statute After the King de facto and Vsurper Enquiry is to be made what Right and Title a King de jure may pretend to the Crown accordiâg to the Constitution Law and Statutes of thâ Kingdom and it appears by the following plain Proofs that it is onây by Descent and not oâherwise This is an hereditary successive Moâarchy and immediately upon the Death oâ Cession of th Predecessor the Crown is vested in the lawful Successor by Inheritance and Proximity of Blood Which appears 1. By the Record before cited of the Compromâse and Agreement between Râchard Duke of Yo k and Henry VI. in the Thiâty âinth Yâar of his Râign wherein he makes his Claâm only by lineal Dâscent He exhibited only a bare Title by Descent and Proximity of Bâ od which could not be denied and upon such shewing of his Right the Lârds concluded it could not be defeatâd Rot. Parl. 1. Edw. IV. n. 10. This was pâ t of the Petâtion and Declaration of the Commons before mentioned and pâssed into an Act. n. 15. notwithstanding what King Henry's Council could say againââ it 2. By the Râcord of the First of Edward IV. Thâ Commyns being in this present Parlement having sufficient and evident knâwlege of the seid unrightw se Vsurpation and Intrusion by the sâid Henry late Erle of Derby upon the s ââ Cârone of Englond knowing also certaiâly without doubte or ambiguite thâ Right and Title of our seid Soverayne Lord therunto true and that by God's Law Manne's Law and Law of Nature he anâ none other is and owe to be their true rightwise and natural Liege and Soveraign Lord and that he was in Right from the deth of the seid noble and famous Pâiâce his Fader very just King of the seid Reaume of England And yet his Father was never possâssed of the Crown 3. Ibid. n. 10. And that the Takeing of Possession and Entree into the Exercise of the Roiall Estate Dignite Reign and Governaunce of the seid Reaume of Englond and Lordship of Irelond of our seid Soverayne Liege Lord King Edward IV. the seid 4th Day of March That Day he took Possession of the Crown and Government Ibid. n. 11. and the Amocion of the seid Henry late called King Henry VI. from the Exercise Occupaâion Usurpation Intrusion Reigne and Gâvernaunce of the seid Reaume and Lordship doon by our seid Soverayne and L ege Lord King Edward IV. the seid 4th Day of March was and is rightwiâe lawfull and according to the Lawes and Cu âumes of the seid Reaume and soe owe to be taken holden reputed and accep ed. And over that that our seid Sovârayne and Liege Lord King Eâward IV. the seid 4 h Day of March was lawfully seaâed and possessed of the seid Corone of Englond in his seid Right and Title and from thenceforâh hâve to hym and his Heires K ngs of Eâglond all such Manners Castells Lordships Honoures Londs Tenements Rentes Services Fees Fee-farm Rentes Knights Fâes Avousons Gyftes of Offices to yere at his pleasure Feires Markets Iss es Fynes and Amerciamentes Libertees Franchises Prerogatifs Eâchetes Custumes Reversions Remeyâders and all other Hereditamentes with her Appurtenaunces whatsoever they bâ in Englond Wales and Irelond and in âaleys and the Marches therof as the seid King Richard had in the Feââ of S. Matthew the Apostle about three Weeks before he was deposed the Twenty third Yere of his Reigne in the Right and Tâtle of the Corone of Englond and Lordship of Iâelond and shâld afâer his Decesse have descended to the sâid Edmund Mortymer Erle of Marche Sonne of the seid Roger Mortymer Erle of Marche as to the next Heire of Blode of the same King Richard after his deth yf the seid Usurpation had not been committed or after the seid Edmund to his next Heire of Blode by the Lawe and Custume of the seid Reaume of Englond 4. The general Opinion of the Nâtion in these Times that the Right and Title to the Crown was by Inheritance only and Proximity of Blood caused Henry IV. âo claim it Rot. Parâ 1. Hen. IV. n. 53. Rot. Parl. 1 Râc III. in Exact Abridgment fol. 712 713 714. al 's descendit be ryght Lyne of the Blâde comeynge fro the gude Lord Henry Therde And for the same Reason Richard III. was by the three Estates that is to say the Lords Spi itual and Temporal and Commons in Parliament assembled declared to be undoubted Heir of Richard Duke of York Father to Edward IV. very Inheriter of the Crown of England and Dignity Royal and as in Right King oâ England by way of Inheritance Tâ ssel's Cântân fol. 231. All this was insinuated by himself in his Answer to Buckingham's Speech when he took upon him Kingship Likewise Henry VII upon the same Account prefers his Title by Conquest and Succession before that by Act of Parliament which Pope Innocent VIII In Cotton's Library Cleopatra E. 3. in his Bull of Confirmation of his Title says belonged to him non modo jure belli ac notorio indubitato proximo successionis titulo verum etiam omnium Praelatorum Procerum Magnatum Nobilium totiusque ejusdem regni plebis Electione noch decreto statuto ordinatione ipsius Angliae regni trium Statuum in ipsorum Conventu Parlamento nuncupato Bacon's History of Henry VII f. 1. 3. Not only by Right of War being saluted King by the Army in Bosworth-Field and had there King Richard's ornamental Crown put on by Sir William Stanley and the notorious and indubitable next Title of Succession but also by the Election of all the Prelates and Great Men of the who e Commonalty of the Kingdom of England and by a known and decreed Statute and Ordinance of the three Estates of the same Kingdom of England in their Meeting called a Parliament But that he thought himself most safe in the Pope's Confirmation is clear for that in the Thirteenth Year of his Reign he procured the Bull to be renewed and the Act of Parliament confirmed by Pope Alexander VI. Cotton Lib. ut supra under pain of Excommunication and Curse to such as should upon any pretence whatsoever disturb the Peace of the Nation and create Troubles against the Title of Henry VII Henry VIII in all his extravagant Acts concerning his Queens and the Succession founded them in pretended legal Proximity of Blood according to the due course of Inheritance the pretended want of which was the Ground and Suggestion still for passing those Acts. See 25 Hen. VIII cap. 22. 28. Hen. VIII cap. 7. And 35. Hen. VIII cap. 1. 5. Statut. 1. Mar. Sess 2. cap. 4. Where it hath pleased Almighty God the 6th Day of July last past to call out of this transitory Life unto his Mercy our late Sovereign Lord King Edward VI. by and immediately after whose decease the Imperial Crown of this Realm with all Dignities Dominion Hânours Pre-eminencies Prerogatives Stiles Authorities and Jurisdictions to the same united annexed or belonging did not only descend remain and come unto our most dread Sovereign Lady the Queen's Majesty but also the same was then immediately and lawfully invâsted deemed and adjâdged in Her Highness's most Royal Person by the due Course of Inheritance and by the Laws and Statutes of this Râalm 6. Stat. 1. Jac. cap. 1. The Act of Recognition in the First of King James doth not take notice of Henry VII his Title but of his Daughter Margaret's as descended from Elizabeth her Mother Daughter and Heir to Edward IV. and declare that he was lineally rightfully and lawfully descended or the Body of the most excellent Lady Margaret eldest Daughter of the most renowned King Henry VII and the high and noble Princess Queen Elizabeth his Wife eldest Daugâter of King Edward IV. In consideration whereof the Parliament doth acknowledge King James their onây rightful Liege Lord and Sovereign and further say as being bound thereunto both by the Laws of God and Man they do recognize and acknowledge that immediately upon the Dâssolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belongâng to the same did bâââerent Birth-right and lawful and undoubted Succession desâând and come to His most Excellent Majesty as being lineaâly justly and âlawfully next and sole Heir of the Blood Royal of this Realm as it is aforesaid In the First of the same King there was a Conspiracy formed against him by Persons of divers Persuasions Term. Miâ 1. Jac. kept at Winchester Watson and Clerk two Priests pleaded it could not be Treason because he was not crowned All the Judges resolved That King James being right Heir to the Crown by Descent was immediately upon the death of Queen Elizabeth actually pâssâssed of the Crown and lawful Kâng of Eâgland before any Proclamation or Coronation of him which were but Ceremonies For their Treason they were condemned and executed at Winchester the 29th of November These are impregnable Proofs from thâ Constitution Laws and Statutes of this Nation what the Right and Title to the Crown is and to whom the Succession is due FINIS
were his Saxon and Danish Instances and whatever appears by those Instances to have been done was done by a Party as hath been shewn from undoubted History and not by Representatives of the Nation yet such Party or Parties he calls the States of the Realm as his Tutor Robert Parsons the Jesuit alias Doleman hath taught him especially in the 4th 7th 8th and 9th Chapters of the first part of his Conference about the Succession to the Crown of England where are to be found all the Author 's Saxon and Danish Instances urged and applied in the same manner and to the same purpose as they are in this Author and also his two Norman Instances that of Maud the Empress Hen. 2 and King Stephen the other of the two Houses of Tork and Lancaster in his Second Part of the Conference cap. 2. and 3. and likewise in Mr. Pryns first Part of the Sovereignty of Parliament and Kingdom p. 7 8 9. and the two Norman Instances p. 94 95. Mr. Pryn followed Doleman who says all Kings that take Coronation Oaths are Elected Conf. of Success part 1. cap. 5. and all Invaders or Intruders that set up themselves by the help of a Party only were Elected and set up by the States or Commonwealth Those Parties the Jesuit calls the State or Commonwealth Mr. Pryn calls Parliament or Kingdom in the very same Instances but this Author is best pleased with the Jesuits Expressions and useth them most frequently But if he had consider'd what Mr. Pryn hath written since the year 1648. and in that year against his own former Notions and Opinions about the Sovereignty of Parliament and Kingdom c. especially his Plea for the House of Lords his four Parts of a brief Register of Parliament Writs his Animadversions upon Coke's 4th Institute and many other Writings and the Epistles to them He would never have Publisht such Instances baffled by him and many others If the States as he calls them had had upon the Consideration of Publick Good the Power he speaks of and that it was known and legal or if the Crown had according to the Constitution been at their Disposal supposing the Saxon Estates had freely chosen Canutus as he vainly Asserts what could prompt him to cause Edwin Flor. Wig. A. D. 1016. Edmond Ironside's Brother to be murder'd and to send his two Sons Edward and Edmond to the King of Sweves that they also might be murder'd And if the Succession had not been notoriously wholly and completely Hereditary what need he to have feared the Title and Succession of the Sons and Brother of Edmond if it had been true what the Author insinuates that he was legally Elected and upon account of the Publick Good Besides imposing Parties small Numbers and Factions upon his Readers and calling them the States he hath another pretty knack of imposing upon them by telling them Oaths made to foreign Kings such as the Danes were and forced upon the Nation by Foreign Armies was transferring of Allegiance as if the People then were wonderfully pleased and satisfied with their new Masters From these Instances and Topicks he might as well have proved that because this Nation hath been overrun and possest by Saxons and Danes with their miscellaneous Assistants therefore it may be expedient it should be so again They seem to be Arguments to encourage such another undertaking rather than any thing else After the Saxon Constitution he comes to the Norman and there makes only two Instances The words of the Author p. 20. The first Instance I shall bring is in the Case of the Oath taken to Maud the Daughter of Hen. 1. in the Thirty first year of his Reign and there is no question but he designed signed her to succeed him Malmsb. Hist novest l. 1. p. 100. 105. 2. legitima perenni successione as Malmsbury's words are but Stephen who had before sworn Allegiance to her watched his opportunity and by the help of a Party made by his Brother the Bishop of Winchester he was Crowned King and although at first Malmsbury saith but three Bishops and very few Noblemen joyned with him yet he soon after saith that most of them went into him and even Robert of Gloucester King Henry the first 's natutural Son took an Oath to him but with the Condition of his preserving his Honour and Covenants There are several things worth our observation in this affair with respect to the Oaths of Allegiance HISTORY Malmsb. f. 99. a. n. 30. Anno 27. Regni sui Rex Henricus Angliam venit mense Septembri adducens secum filiiam suam c. In the 27th year of his Reign King Henry came to England in the Month of September and brought with him his Daughter He called together at Christmas a great number of the Clergy and chief Men of the Kingdom at London and being much grieved he was like to have no Children by his Second Wife the âuke of Lorrain's Daughter he was very thoughtful about a Successor and having a long time before deliberated about that matter Tunc in eodem Concilio omnes totius Angliae Optimates Episcopos etiam Abbateâ sacramento adegit obstrinxit ut si ipsi sine haerede masculo decederet Matildam filiam suam quondam Imperatricem incunctanter sine ulla retractatione Dominam reciperent Then in the same Council he bound all the chief men of England the Bishops also and Abbats by Oath that if he should die without Heir Male they should forthwith without retraction or revoking their Oath receive his Daughter Maud late Empress for their Queen Having before told them what a great loss the Nation sustein'd by the death of his Son William to whom by right the Kingdom belonged and now that his Daughter survived to whom only the lawful Succession was due from her Grandfather Uncle and Father that were Kings and from the Stock of her Mother many Ages Ibid. n. 40. cui soli legitima debeatur successio ab avo avunculo patre regibus a materno genere multis retro seculis siquidem ab Egbirtho West-Saxonum rege c. For from Egbert King of the West-Saxons who first subdued the other Saxon Kings in the year 800 during the Reign of * The Historian doth not reckon the Danish Kings amongst them there were 14 Saxon Kings beside them Ibid. n. 50. b. lin 1. c. Ibid. f. 100. a. n. 40. Fourteen Kings unto the year 1043. when Edward the Confessor was Crowned King the Line of the Royal Blood never failed nor was there one wrong step or halt made in the Succession nec unquam ejusdem regalis sanguinis linea defecit nec in Successione regni claudicavit All Persons of any moment in this Council did take the Oath first William Archbishop of Canterbury then the other Bishops and Abbats The first of the Lay-men that took it was David King of Scors the next Stephen Earl of Mortaign and Bologn