c. and under the name of Danes †Aelfred vit f. 10. c. 14. ever since the beginning of King Egbert having by continued Invasions and Piracies harassed and grievously wasted and molested England in the Reign of King Aelfred by pact and bargain between him and Guthran enjoy'd East Saxony or Essex and the County of the East Angles and as * Faedus Aelfr Guthr c. 1. Lamb. fol 36. some say a far greater part of the Nation In King Ethelred's Reign Swane King of Denmark with a great Army Invaded and made himself Master of the whole Nation forcing Ethelred and his Wife Emme Sister to Richard the Second Duke of Normandy with their two Sons Edward and Alfred into that Country The Danish Kings stayed not long here after Swane had conquer'd the Kingdom they all four Reigned not much above 25 years their only Title was the Sword notwithstanding they either brought hither the custom of the Predecessors naming or giving the Kingdom to his Successor as probably it might have been some times practis'd in their own Kingdoms or used it as they found it here practis'd in cases of Necessity and in their Childrens Minority by the Saxon Kings †Encomium Emmae pr. by du Chesn amongst the old French Histor fol. 164. B. Swane made his Son Cnute his Successor He married Emme the Widow of Ethelred by whom he had his Son Harde Cnute To him his half Brother Cnute gave all that had been any ways under his Government but he being then in Denmark * Ibid. C. Harold possessed himself of the Kingdom who was a Bastard Son of a Maid Servant brought into his Concubines Chamber and imposed upon him by her Fol. 174. A. B. and for this reason Elnoth Archbishop of Canterbury refused to Consecrate him King and to deliver him the Crown and Scepter After the death of Harold Harde Cnute called his half Brother Edward by his Mother Emme afterward called the Confessor out of Normandy and caused him to live with him and dying within less than two years after left him Heir of his whole Kingdom Gul. Gemeticens l. 6. c. 9. Totius regni reliquit haeredem And he not long before he died made William the Conqueror his Successor Anno eodem viz. 1065. Note the Reason Rex Edwardus senio gravatus cernens Clitonis Edwardi nuper defuncti filium Edgarum Regio folio minus idoneum tam corde quam corpore Godwinique Comitis multam malamque sobolem Quotidie super terram crescere ad Cognatum suum Wilhelmum Comitem Normanniae animum apposuit eum sibi succedere in regnum Angliae voce flabili sancivit In the same year King Edward growing infirm with Age perceiving Edgar Aetheling the Son of Prince Edward lately Deceased neither in Mind nor Body fit for the Government nor to bear up against the growing Power and Malice of Godwin's Sons thought upon his Cousin William Earl of Normandy Fol. 511. b. n. 30. and by a firm Declaration Decreed he should be his Successor in the Kingdom Ingulph that Reports this was at the very time Secretaty to this William Earl of Normandy and after he had given him a great Character for his Courage Conduct and constant success in War his Justice Religion and Devotion subjoyns that King Edward sent Robert Archbishop of Canterbury as Envoy to him to let him know he was designed his Successor in his Kingdom Which probably he would never have done if this and the like Donations had been question'd in those days Nay †Review of Tyrhs p. 482. Mr. Selden says This Donation was a lawful Title William Rufus had the same Right and Title of Succession by the Donation of his Father and as his Testamentary Heir * Fragmt de vitâ Gul. long f. 32. n. 20. 30. 40. Orde Vit. f. 39. C. D. Ralph de Diceto Dean of St. Paul's who lived in or very near the time says †Col. 505. n. 40. 50. That Hugh Bigod Steward of the King made speed out of Normandy where King Henry died into England and made Oath before the Archbishop of Canterbury That upon his Death bed upon some Differences that hapned between him and his Daughter the Empress did disinherit her and made Stephen Earl of Boloign his Heir Whereupon William Archbishop of Canterbury giving too much credit to the Words of the Steward consecrated Stephen Earl of Mortaign King at Westminster If this should be true he succeeded as Testamentary Heir to King Henry King John was Testamentary Heir to his Brother Richard who upon his Death-bed when he despaired of Life devised to his Brother John the Kingdom of England and all other his Lands and made all present swear Fealty to him and commanded that his Castles and Three parts of his Treasure should be delivered to him * f. 449. b. lin 37. Wals Hypodig Neustriae f. 457. n. 40. Roger Hoveden who was a Domestick in the Family of King Henry II. and wrote at this very time delivers this King John before he left the World made Henry his First-begotten Son his Heir Paris who * f. 288. lin 2. Mat. West f. 276. n. 40. writes this was Historian to this Henry After what hath been premised the Author's History comes to be considered upon his first Query which he maintains upon Instances in the Saxon Norman and subsequent times The Author's Words P. 13. As to the former I say the resolution of Conscience in this case doth not depend upon the Will and Pleasure of the Person to whom the former Oath was made but upon the ground on which it was made and from which it had its force to oblige and if those cease the obligation of the Oath ceases together with them And whether they do or not no particular Person is so fit to judge as the Three Estates of the Realm as I shall now prove from several remarkable Instances to this purpose in our Histories and Parliament Records whereby I shall make it appear that when a Dispute hath hapned about the Right of Succession and to whom the Oaths of Allegiance were to be made they have looked on it as their proper Right to limit the Succession and determine the Oaths The Author's Words and Application continued ibid. p. 13. V nder the British Government we find a considerable Instance to our purpose Vortigern A.G. 454. Magnates Brit. Regem Vortigernum penitus deserentes unanimiter filium suum in Regem sublimaverunt Mat. West p. 83. the British King had enter'd into a Secret League to bring over the Saxons upon which the Great Men of the Nation deserted him and chose Vortimer in his room he was his eldest Son Here it is plain they thought the introducing a Foreign Power a sufficient discharge of their Obligation to him it being so directly contrary to the publick Good of the Nation although Vortigern gave them no Discharge In the Desertion of Vortigern
afterward King Stephen and then Robert Duke of Gloucester King Henry's natural Son Anno. 31. Regni sui Rex Henricus rediit in Angliam c. In the thirtyfirst year of his Reign King Henry returned into England and the Empress also and in a great Assembly of the Nobility or Great Men at Northampton those which had sworn before renewed their Oath and those that had not did then swear or give their Faith unto her King Henry died in the Thirty fifth year of his Reign Ibid. b. n. 30. and in his Sickness being asked by Robert Earl of Gloucester and the Nobleman that were then with him about a Successor a quibus de successore interrogatus filiae omnem terram suam citra ultra mare legitima perenni Successione adjudicavit he gave all his Lands every where to his Daughter as to his Lawful Successor After the death of King Henry Ibid. f. 101. a. lin 5. which happen'd upon the first of December that year the Empress Robert Earl of Gloucester with most of the Noblemen delay'd their return for England whereas Stephen made all the haste he could and by the readiest Passage being come the Londoners and People of Winchester own him a King Ibid. n. 10. And he drew unto him Roger Bishop of Salisbury and William de Pont Larch Keeper of the King's Treasure But all his Endeavars had come to nothing Ibid. n. 20. if his Brother Henry Bishop of Winchester and at that time the Pope's Legat had not been his best Assistant William Archbishop of Canterbury required of him an Oath That he would restore and preserve the Liberties of the Church and the Bishop of Winchester became his Suretyâ— for the doing of it He was very sweet in his Promises but they wanted performance He was Crowned the 22 of December there being present only three Bishops the Archbishop the Bishops of Winchester and Salisbury no Abbats and but few Noble or Great Men. Ibidem Coronatus est ergo in regem Angliae Stephanus undeciâ—o Calendâ—â— Januarii 1135. tribus Episcopis prasentibus Archiepiscopo Wintoniensi Saresberiensi nullâ— Abbatibâ—s pancissimus Optimatibus Ibid. n. 40. Having made the Treasurers of his Party he immediately became Master of the Treasure which was near 100000 l. in ready Money besides Gold and Silver Vessels of great weight and inestimable value Having so great Treasure he could not want Assistants Ibidem hanc copiâ—m Gazarum habenti auxiliatores dâ—esse non poterant especially being very profuse in his Gifts All sorts of Soldiers stock'd to him out of Flanders and Britany most notorious Plunderers Ibid. n. 50. and cruel People who robbed Churches and pulled Men of Religious Orders from their Horses and imprisoned them without regard Erat genus hominum rapacissimum violentissimum qui nil pensi haberent vel caemeteria frangere vel Ecclesias expilare Religiosi quinetiam ordinis viros non solùm equis proturbare sed etiam indigenae militer c. Ibidem Neither were Strangers only but home-bred Soldiers or Knights who hated Times of Peace toward the end of King Henry's Reign because then they lived meanly easily brought to his Party raising thereby their Fortunes from the Loss and Ruin of the People Ibid. b. lin 2. Ibid. lin 3 4. Provineialium dispendio suas fortunas urgentes Further Stephen when he was Earl by his easie and jocular Conversation and his Familiarity with ther meanest Persons had wonderfully gain'd the Affections of the People Ibid. lin 5. so that all the Noblemen of England came readily in to him In the mean time the wise Earl of Gloucester was folic ous how he might shew them their Faults and by Discourse bring them back to a better Opinion for there was nothing to be attempted by Force Ibid. lin 7. for the Causes before mentioned nor was it free for him to come into England unless for a time he could dissemble and appear as if he were a Party in the Defection quasi defectionis eorum particeps wherefore he did Homage to the King upon Condition Ibid. n. 10. that is to say so long as he kept his Dignity entire and performed his Agreement and Covenants scilicet quamdiu ille dignitatem suam integre custodiret sibi pacta servaret For long before he knew the Temper of the King and foresaw the Instability of his Faith spectato enim jamdudum regis ingenio instabilitatem fidei praevidebat In the same Year Ibidem not much after the coming of the Earl the Bishops sware Fealty to the King so long as he should preserve the Liberty and strict Discipline of the Church Ibid. n. 20. 30. which he then swore to do according to his Charter that consists mostly of Privileges granted to the Clergy and is there repeated and is dated 1136 in the first Year of his Reign But the Historian says He disdain'd to put the Names of the Witnesses which were many because he changed all things so perversly as if he had only sworn that he might shew the whole Kingdom he had sworn to what he never intended to perform Ibid. n. 40. nomina Testium qui multi fuêrunt apponere fastidio quia pene omnia ita perperam mutârunt quasi ad hoc tantum jurâsset ut praevaricatorem sacramenti se regno toti ostenderet In this Grant he says he was chosen King by the Clergy and Laity crowned by William Archbishop of Canterbury and afterwards confirmed by Pope Innoeent the Bull of which Confirmation may be seen in the History of Richard Prior of Hagulstad col 313. n 30. The Witnesses to his Charter or Grant were most of the Bishops Earls and Noblemen and all Normans and may be found in the same History Col. 314. n 60. This is the true History how Stephen came to be King taken from William of Malmsbury who lived and wrote at the very time these things were done and wrote them at the Request of Robert Earl of Gloucester The Author's Words p. 20. The first Observation upon his own History of Maud's Title and Stephen's coming to the Crown before noted is That if it hold that an Oath was first taken to Maud by the Bishops and Nobility and afterwards to King Stephen an Oath of Allegiance may cease without Discharge from the Party to whom it was made and so the Archbishop of Canterbury and the Bishops of Winchester and Salisbury as well as the Nobility thought themselves at liberty to take a new Oath of Allegiance without a Release from the Party concerned in the former Oath What may be said to this 'T is not to be doubted but the Author knows what Religion was profest in this Nation at that time and only that and knows also those of that Persuasion did and do believe the Head of their Church had and hath Power to make an Oath cease without discharge from the Party to whom it
arose the Royal Race of the Northumbers Eod Anno. Florence of Worcester says In provincia Berniciorum Ida regnum suscepit 12 annis regnavit hic ex Reginis sex filios habuit sex habuit ex Pellicibus Ex Quibus Regalis Northanhymbrorum prosapia propagata est In the Province of Bernicia part of the Kingdom of Northumberland Ida took the Kingdom He had six Sons by his Queens and as many by his Harlots from whom the Royal Stock was propagated Malmsbury says Ida Reigned the first in the Kingdom of Northumberland Fol. 8 â— n. 40. but whether he made himself King verum atrum ipse per se Principatum invaserit or took it by the consent of others he could not define parum definio quid Veritas in abdito est In Brompton whom he cites in the Margent there is nothing to be found of an Election but only that the Northumbers tumultuously set up some Kings and Murther'd and Dethroned others which was a common Practice in most Kingdoms during the Saxon Heptarchy and the same Reason the Author gives that he would not meddle with this Kingdom might have been given for the passing by all the other except the Kingdom of the West Saxons The Author's words p. 15. But if by the Fundamental Constitution Allegiance were indispensably due to the next Rightful Heir in this Monarchy how came Aethelsian to be Crowned magno consensu Optimatum says Malmsbury when he was not the rightful Heir HISTORY â—lor Wiâ—rn A D. 24. f. â—2 Invictissimus rex Edwardus senior ex hâc vitâ transiens Aethelstano filio regni gubernacula reliquit nec multo post filius ejus Aelfwardus alias Edwardus apud Oxenfordam decessit sepultus est ubi pater illius Aethelstanus vero in Kingestune i. e. in Regiâ Villâ in regem elevatur honorificie ab Athelmo Dorobernensi Archiepiscopo consecratur The invincible King Edward the Elder passing out of this World left the Government of his Kingdom to his Son Aethelstan and not long after him his Son Aelward or Edward died at Oxford and was buried where his Father was but or then Aethelstan was saluted King and was honourably Consecrated or Anointed and Crowned by Athelm Arch-Bishop of Canterbury at Kingston Anno Dominicae Incarnationis 924. â—lms f. â— n. 10. Aethelstanus filius Edwardi regnare coepit frater ejus Ethelwardus alias Edwardus paucis diebus post patrem vita decedens sepulturam cum eodem Wintoniae meruerat This is what Florence of Worcester says and needs no Translation â—dem Itaque magno consensu optimatum Electus apud Regiam villam Quae vocatur Kingston Coronatus Therefore being Elected or Recognized by full consent of the Great Men he was Crowned at Kingston and in another Place â— f. 27. â— 30. Westm 84. n. Post mortem Patris Interitum Fratris in Regem apud Kingston coronatus est Anno. Gratiae 924. Rex Anglorum Edwardus cognomento senior diem clausit extremum Aethelstanus quoque filius ejus primogenitus apud Kingstonam rex creatus ab Athelmo Dorobernensi Archiepiscopo consecratur Here Mat. Westm says Aethelstan was King Edward's Eldest Son which was true after his Brother was dead If the Author had taken notice of these Historians especially of Malmsbury whom he cites he would have known how Aethelstan came to be rightful Heir The Authors words p. 15. Some say from an old Monk in Malmsbury that his Father left him his Crown by his Testament which doth not clear the difficulty as to the inviolable right of Succession by the Constitution But this cannot be true for his Elder Brother Edward died after his Father and none pretend that his Father disinherited him History and Inquiry into these Words A pretty Story This old Monk in Malmsbury was William of Malmsbury himself whom he cited but two Lines before Jussu Patris in Testamento Aethelstanus in Regem acclamatus est This the Historian says of himself without vouching any old Monk for it By the command of his Father in his Testament Aethelstan was Proclaimed or Saluted King Which clears the difficulty about Election and the States having power to dispose of the Crown As to the truth of it no body can doubt that observes what is said before of his Elder Brother Edward The Author's Words p. 15. And if Athelstan was Lawful Heir M. Westm A. D. 934. A. D. 939. what made him to dispatch his Brother Edwin out of the way and to build two Monastries for expiation of that Guilt HISTORY Florence of Worcester hath nothing of this Idle Story and Malmsbury from whom Matt. Westminster transcribed the very words of it and added something of his own did not believe it and tells it as a Fable but before he begins it he Apologizes for telling it and after he had reported the Design and Conspiracy of Alfred against King Athelstan who would have made him a Bastard and so kept him from the Throne saith thus Et haec quidem fide integra de rege conscripsi Malmg f. 29 a. n. 10 l. 2. c. 6. sequentia magis Cantilenis per Successiones temporum detritis quam libri ad Institutiones posterorum elucubratis didicerim Quae ideo apposui non ut earum veritatem defendam sed ne Lectorum scientiam defraudem ac primum de Nativitate dicendum And these things I have written concerning the King may intirely be believed Those which follow I rather learnt from old Songs and Tales then Books written for the Information of Posterity which I have inserted here Ibid. n. 20 30 40. not that I shall defend the truth of them but that I may not keep from the Readers what is to be known and then proceeds to tell a Romantick Prodigy of a Shepherds Beautiful Daughter out of whose Womb a Moon shone that irradiated all England c. With this Virgin Edward the Elder stole a leap by the assistance of his sometime Nurse and upon the first Enjoyment of her begat Aethelstan c. And goes on to tell Edwin his Brother was accused by some to have been in the Conspiracy with Alfred and for that Reason out of Jealously he was by order of Aethelstan put into a small Pinnace without either Tackle or Oars accompanied only with one Page with grief whereof he leaped into the Sea and drowned himself After this he immediately subjoyns Haec de fratris nece etsi verisimilia videantur eò minùs corrobero quod mirabilem suae pietatis diligentiam in reliquos fratres intenderet Quos cum pater pueros admodum reliquisset ille parvos magnâ dulcedine fovit adultos regni consortes fecit Although these things concerning the death of his Brother may seem probable yet I esteem them less firm by reason of the admirable Piety he shew'd towards his other Brothers whom he cherisht with great kindness when his Father left them very
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 â—uke 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
the Nation which shâ—ws how far the publick Good was thought to be the Measure of the Obligation of these Oaths Gâ—â— Newburgeâ—sis saith L. 1. c. 30. the Bâ—num publicum was the Foundation of this Agreement A. 1153. And M. Westminster that the King and Lords did all swear to it and a solemn Charter was made of it and kâ—pt in a most secure place HISTORY M. W stm A. D. 1153 f. 246. n. 10 Diligentia Theobaldi Archiepiscopi Cantuartensi Episcoporum râ—gni Rex Anglorum Stephanus D x Nâ—â—mannorum Hâ—nricus apud Waâ—ingford talem concordiam inierunt c. By the D ligence of Theobald Archbishop of Canterbury and the Bishops of the Kingdom the following Agreement was made between King Stephen and Henry Duke of Normandy at Walingford King Stephen not having an Heir except only Duke Henry did acknowledge in an Assembly of the Bishops and other chief Men of the Kingdom that Duke Henry had the hereditary Right to the Kingdom of England and the Duke kindly granted that King Stephen should during his Life peaceably enjoy his Kingdom The Agreement was so co firmed that the King him elf and the Bishops then present with the rest of the best Men of the Kingdom sware that Duke Henry after the Death of the King if he should outlive him should enjoy the Kingdom without all Contradiction Oâ— which Agreement there was a Charter made which was kept in a most secure place Ibid. n. 20. This is what the Historian hath in both places cited by the Author The whole Charter is in Brompton Brompton col 1037. n. 60. and begins thus Stephanus Râ—x Angliae Archiepiscopis Episcopis Abbatibus Comitibus Justitiariis Vicecomitibus Bâ—ronibus omnibus fidelibus suis salutem Sciatis quod Ego Rex Stephanus Henricum Ducem Normanâ—â—ae post me Successorem regni Angliae hae edem meum jâ—re haereditario constitus sic e haeredibus suis regnum Ang iae donavi consiâ—mavi Dâ—x vero propter hunc honorem Donationem Confirmationem sibi a me factam Homagio michi Sacramento securitatem fecit scilicet qâ—od fidelis mâ—chi erit vitam honâ—rem meum pro suo posse custodiet per Convâ—ntiones inter nos praelocâ—tas quae in hac Charta continentur Stephen K ng of England c Know ye that I have appointed Henry Duke of Normandy Successor of the Kingdom of England after me and my Heir by hereditary Righâ— and so have given and confirmed the Kingdom of England to him and his Heirs For which Honour Donation and Confiâ—mation made by me to him he gave me Security by Homage and Oath that he would be faithful to me and preserve my Life and Honour to the utmost of his power according to the Agreements made by us which are contained in this Charter Neubrigensis speaking of this Treaty says L. 1. c 30. p. 104. In Paris Ed. 1610. Pâ—acuâ—t inter eos that is the King and Duke solemne salubre colleqâ—ium celebrari ubi amicis mediantibus circa bonum publicum pia prudenti provisione satagentibus pâ—x inter eos caute formata solide firmata est Tâ—ey agreed to have a solemn and wholsome Treaty where by the Mediation of Friends having a pious and prudent respect to the common Good a Peace was warily made and solidly confirmed Ibidem p. 105. Quibus Deo propitio salâ—briter actis Rex Angliam Anglia pacem recepit annis enim jamplurimis fere nudo regis nomine insignis tunc recipere visus est hujus rem nominis quasi tunc primo regnare coepit quia tunc primo purgata Invasionis Tyrannica macula legitimi principis justitiam induit Which things being done by God's Assistance the King received England and England received Peace for having had the bare name of King for many Years now he enjoyed the thing it self and began then first to reign because then the Blot of Tyrannical Invasion being first wiped out he exercised the Justice of a lawful King The Author 's further Words about this Accord p. 22. And thus the Oaths of Allegiance were continued to one that had no Right for his Life and made to one who predended to no R ght but after his Mother who was set aside in this Agreement for we never read that she was present at the Agreement or resigned her Right to the Crown So that here were three Oaths of Allegiance at once that to Maud the Empress that to King Stephen and to Henry II. and yet the general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides The Answer to what the Author says about this Agreement and the Exclusion of Maud c. By this Accord it was owned by King Stephen Bishops and Barons which were then the Parliament or Colloquium as the Author confesseth that thâ— hereditary Right was in Duke Henry and he granted that King Stephen during his Life should peaceably enjoy his Kingdom And if the Right was in Henry might he not recede from it if he pleased And the Agreement says he did during Stephen's Life This Retrocession made the Bishops and Barons Oaths to the Agreement lawful and if he had not some testimony of a Cession or Resignation by and from his Mother though not mentioned in the Agreement this Convention could not upon Stephen's Acknowledgment only have own'd his hereditary Right upon Oath And that by Cession or some other way she did quit and leave her Right to govern to her Son 't is most probable from what follows Mâ—nd the Empress Malmâ—b f. 104. a.n. 10. upon the death of her Father and the Invasion of Stephen on the 30â—h of September in the Year 1139 came into England with her Brother Robert and managed the War against him in her own Person her Son being but a Child He was born A.D. 1133. and her Husband engaged in the Defence of Normandy Anjon c. against the King of France Her three great Supports were her half Brother Robert Earl of Gloucester Ranulph Earl of Chester and Milo Earl of Hereford the last Chaon Gervas Col. 1359. n. 10 Col. 1361. n. 10. Col. 1362. n. 10. lin 1. to her very great Grief died in the Year 1143. the second made his Peace with King Stephen 1145. and the first Robert Earl of Gloucester died in the beginning of November in the Year 1146. of an high Fever after he had sent Henry then being about thirteen Years of Age over to his Father into Normandy After the loss of these Friends and Supports the Empress Ibidem Col. 1363. lin 1. wearied out with these Commotions and Wars in England before Lent in the Year 1147. passed over into Normandy chusing rather to live there with her Husband in Peace than undergo so many Troubles In the Year 1149. Ibidem Col. 1366.
them shall be reversed cancelled void undone revoked repealed and of no foâ—ce 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. Hâ—n 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 accordiâ—g to the Constitution Law and Statutes of thâ— Kingdom and it appears by the following plain Proofs that it is onâ—y by Descent and not oâ—herwise This is an hereditary successive Moâ—archy 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 Compromâ—se and Agreement between Râ—chard Duke of Yo k and Henry VI. in the Thiâ—ty â—inth Yâ—ar of his Râ—ign wherein he makes his Claâ—m only by lineal Dâ—scent 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 Lâ—rds concluded it could not be defeatâ—d Rot. Parl. 1. Edw. IV. n. 10. This was pâ— t of the Petâ—tion and Declaration of the Commons before mentioned and pâ—ssed into an Act. n. 15. notwithstanding what King Henry's Council could say againâ—â— it 2. By the Râ—cord of the First of Edward IV. Thâ— Commyns being in this present Parlement having sufficient and evident knâ—wlege of the seid unrightw se Vsurpation and Intrusion by the sâ—id Henry late Erle of Derby upon the s â—â— Câ—rone of Englond knowing also certaiâ—ly 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 Pâ—iâ—ce his Fader very just King of the seid Reaume of England And yet his Father was never possâ—ssed 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 Occupaâ—ion Usurpation Intrusion Reigne and Gâ—vernaunce 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 rightwiâ—e lawfull and according to the Lawes and Cu â—umes of the seid Reaume and soe owe to be taken holden reputed and accep ed. And over that that our seid Sovâ—rayne and Liege Lord King Eâ—ward IV. the seid 4 h Day of March was lawfully seaâ—ed and possessed of the seid Corone of Englond in his seid Right and Title and from thenceforâ—h hâ—ve to hym and his Heires K ngs of Eâ—glond all such Manners Castells Lordships Honoures Londs Tenements Rentes Services Fees Fee-farm Rentes Knights Fâ—es Avousons Gyftes of Offices to yere at his pleasure Feires Markets Iss es Fynes and Amerciamentes Libertees Franchises Prerogatifs Eâ—chetes Custumes Reversions Remeyâ—ders and all other Hereditamentes with her Appurtenaunces whatsoever they bâ— in Englond Wales and Irelond and in â—aleys and the Marches therof as the seid King Richard had in the Feâ—â— of S. Matthew the Apostle about three Weeks before he was deposed the Twenty third Yere of his Reigne in the Right and Tâ—tle of the Corone of Englond and Lordship of Iâ—elond and shâ—ld afâ—er his Decesse have descended to the sâ—id 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 Nâ—tion in these Times that the Right and Title to the Crown was by Inheritance only and Proximity of Blood caused Henry IV. â—o claim it Rot. Parâ— 1. Hen. IV. n. 53. Rot. Parl. 1 Râ—c III. in Exact Abridgment fol. 712 713 714. al 's descendit be ryght Lyne of the Blâ—de 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 Câ—ntâ—n 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 Hâ—nours 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 invâ—sted deemed and adjâ—dged in Her Highness's most Royal Person by the due Course of Inheritance and by the Laws and Statutes of this Râ—alm 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 Daugâ—ter of King Edward IV. In consideration whereof the Parliament doth acknowledge King James their onâ—y 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 Dâ—ssolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belongâ—ng to the same did bâ—â—â—erent Birth-right and lawful and undoubted Succession desâ—â—nd and come to His most Excellent Majesty as being lineaâ—ly justly and â—lawfully 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 pâ—ssâ—ssed of the Crown and lawful Kâ—ng of Eâ—gland 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