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A46818 The prerogative of primogeniture shewing that the right of succession to an hereditary crown, depends not upon grace, religion, &c., but onely upon birth-right and primogeniture, and that the chief cause of all or most rebellions in Christendom, is a fanatical belief that temporal dominion is founded in grace / by David Jenner ... Jenner, David, d. 1691. 1685 (1685) Wing J661; ESTC R17940 69,745 218

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Party 2. The Vsurper intruded and his Confederates And both sides will plead a just Title to the Crown The Lawfull Heir Excluded will urge and that most truly his Right thereunto by virtue of his Primogeniture according to the Law of God of Natural Reason and of Magna Charta And therefore to be sure He will Fight and that undauntedly for the Crown On the other hand the Vsurper will plead and that not without Reason his Title to the Crown by virtue of the New Law of the Nation to wit the New Statute of Exclusion which has setled the Royal Diadem upon his Head and therefore He will not easily part with it Wherefore no man need doubt but that the Vsurper will fight and that stoutly to keep what by Law he has got Thus any Man that has but half an eye may if he will plainly see That if the Bill of Exclusion should pass into a Law as the Anti-Yorkists so hotly desired that then War and Sedition will be established and continued by Law And now suppose this should ever happen to be which God forbid Then the Great Query and Case of Conscience will be scil Qu. What Party or Side ought the Pious and Dutifull Subject to take and follow Ans To deal plainly and faithfully in this Case where Conscience and Religion I mean Christianity are so deeply concerned We humbly conceive it to be the honest Subject's Duty in this case rather to Obey God and his Law and so to fight More Romano Couragiously for the Right and Lawfull Heir by Primogeniture unjustly Excluded This we ought to doe rather than to Obey Man and his New Law of Exclusion and so to engage for the Vsurper who Reigns and Governs not by Divine but onely by Humane Law and Appointment And we will Appeal to Conscience and Reason Whether it be not safer to follow God and his Law which cannot err than Man who may err and his Law of Exclusion which does grosly err in the very Sanction of it in that it manifestly opposes the above-mentioned Law of God which Commands That the Right Heir by Primogeniture should Reign and Govern although He hateth Right Object If it be as it is by all Anti-Yorkists and Common wealths Men objected That the Law of the Realm is above the King for that the Law made him King And therefore say they the Law has a power to Depose the King and to take away that Regal Authority which it gave him As that Great but to our thinking Factious Lawyer (a) Ipse autem Rex non debet esse sub homine sed sub Deo sub Lege quia Lex facit Regem Non est enim Rex ubi dominatur Volumas non Lex c. Bract. l. 1. c. 8. Bracton argues And as is so often quoted from him and seditiously urged by the Authour of Julian Apostate p. 83. And the very same Argument was pleaded by all the late Regicides particularly by that Grand Regicide Bradshaw the Lawyer who had the Impudence to sit as Judge upon the Bench and to pronounce that Diabolical Sentence of Condemnation upon his own Dread Sovereign King Charles the First of Blessed Memory and he palliated over his and their Horrid Treason with this colour of argument to wit That the Law was above the King Ans It is hoped that all the Gentlemen of the Long-Robe will go on as they already have worthily begun to repair the Honour of their Noble Order and that none of them will any more advise or plead for Treason nor ever again deceive and seduce the silly ignorant People with their specious and fallacious Arguments But that they who have been disloyal will suffer themselves and their Youth to be better Disciplined in the Doctrine of the Church of England The neglect of which has too apparently caused some of that Honourable and most necessary Function and their Clients so grosly to err in point of Obedience But as for the above mentioned Objection it is already pithily Answered by the King 's Learned Sergeants at Law in Hilary-Term 1683 in their truly Loyal Motto A DEO REX A REGE LEX God made the King the King made the Law And therefore very false and Antiscriptural are the forementioned Positions scil 1. That the Law made the King 2. That the Law is above the King For although the Law of God indeed is above all Kings and if they wilfully transgress the same they are all accountable unto God and unto God onely for the same Yet in this Kingdom of England no Statute-Law is or can be above the King And that because It was the King who first gave Life and Being to the Law of the Land The King by his Royal Assent made the Law Salvâ Regiâ Praerogativâ to be what it is to wit a Law But the Law of the Land did not make the King to be what he is to wit a King For the King was King before the Law And so he became the principal efficient Cause of the Law And therefore the King was before the Law inasmuch as the Cause is ever before the Effect And it is to be noted That although the Law may by Repeal or other ways be abolished and dye Yet in England the King never does nor can dye as long as there is alive any Lawfull Heir by Primogeniture though never so Remote Object But most if not all the Anti-Yorkists did and still do urge in favour of their Bill of Exclusion the Statute of 13 Qu Eliz. c. 1. When a Law was made to this purpose scil That it should be High-Treason for any to affirm the Right in Succession of the Crown to be in some other than the Queen Or to affirm that the Laws and Statutes do not bind the Right of the Crown and the Descent Limitation Inheritance and Governance thereof Whosoever shall during the Queens Life by book or work written or printed expresly affirm before the same be established by Parliament that any one particular person is or ought to be Heir and Successour to the Queen except the same be the natural issue of her body c. shall for the first offence be a whole year Imprisoned and forfeit half his Goods and for the second offence shall incur the penalty of Praemunire Polt Qu. El. 13. c. 1. This is the Act and these are the words of that Act which the Authour of Julian the Apostate and all the Factious Associatours have so stiffly pleaded in Justification of their Bill of Exclusion Ans But a little to undeceive the deluded People and to tell the Truth as far as we apprehend it First There was an Occasion if not a Necessity for such an Act in Queen Elizabeth's days but there is none in these of ours And the Reason for it is this scil Because in Her days many both Papists and Fanaticks disputed Queen Elizabeth's Right and Title to the Crown Nor was it certainly known who by Birth
(a) Ita nihil mali contra Imperatorem faciebat Nicomedensis Patricius qui Edictum publicè propositum concerpsit Melancth in Dan. c. 6. p. 101. Edict although the said Edict was possibly not so good as the generality of Reformers would have had it For that passionate and rash Action was no other than Rebellion against the Emperour's Person and Authority And the man might as Lawfully have torn into pieces the Emperour's Person as his Edict And in truth the countenancing such a Rebellious Action does very much encourage disaffected men unto a General Rebellion For if it be Lawfull for One private man then is it Lawfull for every man to Rebell and in like manner to tear the King's Proclamations Laws and Edicts into pieces Which to affirm or to doe is directly contrary to the Doctrine of the Gospel and to the Profession and Practice of the Apostles and Primitive Christians Unto the above-mentioned Foreign Writers we will add The late and present Covenanters and Fanatical Associatours of both Scotland and England Whose Disloyal and Factious Tenents and Positions the Famous and Loyal Vniversity of Oxford have Sum'd up and have printed them with the Authours of them and have by a Vote of their Congregation on July 24. 1683 Decreed That their said Fanatical and Seditious Positions and Doctrines Oxfords Decree and the Books containing them be publickly Burnt by the hand of their Vniversity-Marshall in the Court of their Schools Some of which Seditious Positions were these that follow 1. That if Lawfull Governours become Tyrants or Govern otherwise than by the Laws of God and Man they ought to do they forfeit the Right they had unto their Government Lex Rex Jo Milton Jo. Goodwin Rich. Baxter H. C. And we will add 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aliàs Jo. Blackbdell 2. That the Sovereignty of England is in the Three Estates scil King Lords and Commons The King has but a co-ordinate Power and may be over-ruled by the other two Lex Rex Hunton of limited and mixed power Rich. Baxter H. C. And note that they took this false Doctrine from Calvin Beza and the rest abovementioned 3. That Proximity of Bloud and Birth-Right give no Title to Rule or Government and that it is Lawfull to preclude the next Heir from his Right and Succession to the Crown Lex Rex Doleman Julian Apostate and we may add the Votes of the late Associatours against the present Duke of York's Succession to the Crown of England 4. That it is Lawfull for the Subjects without the Consent and against the Command of the Supreme Magistrate to enter into Leagues Covenants Associations for defence of themselves and their Religion Solemn League and Covenant and the late Association 5. That the Presbyterian Government is the Sceptre of Christ's Kingdom to which Kings as well as others are bound to submit And the King's Supremacy in Ecclesiastical Affairs asserted by the Church of England is injurious to Christ the sole King and Head of his Church Altare Damascenum Cartwright Travers add Presbyt General Assembly in Scotaland 1592. Jam. Guthry's first Speech to the Parliament in Scotland 6. That wicked Kings and Tyrants ought to be put to death and if the Judges and Inferiour Magistrates will not doe their Office the power of the Sword devolves to the People if the major part of the people refuse to exercise this power then the Ministers may excommunicate such a King after which it is Lawfull for any of the Subjects to kill him as the people did Athaliah and Jehu Jezabell Buchanan Knox Goodman Gilby 7. That King Charles the First was Lawfully put to death and his Murtherers were the Blessed Instruments of God's glory in their generation Jo. Milton Jo. Goodwin Jo. Owen and we will add John Blackbdell aliàs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By these and the like Instances which may be brought it is proved to a very Demonstration That the wicked Doctrine and Practice of Resisting Lawfull Kings and of Deposing and Killing them and of Excluding their Right Heirs from Succeeding in their Thrones for ill Government Heresie or want of Grace is Grounded on Fanaticism And was never preached nor practised by any Episcopal Protestants but onely by the Papists and Fanaticks who ever denied The King's Supremacy The English Churche's Episcopacy CHAP. VI. A Paralle or A Brief and True Account of some Plots and Treasons of Papists and Fanaticks against the Kings and Queens of England since the Reformation and Abrenunciation of Popery EVER since the Abrenunciation of the Pope's Jurisdiction in England the Papists and Fanaticks have gone hand in hand in plotting and raising Sedition and Rebellion against our Kings and Queens upon the Pretence of Religion As for instance The Papists having Sir Francis Bygott for their General raised War against King Henry the Eighth for his being a Protestant and for Marrying a Lutheran The Fanaticks having Sir Thomas Wyat for their Commander made War against Queen Mary for her being a Papist and for Marrying a Papist The Papists Humfrey Arundell being their chief Captain Rebelled at Excester in Devonshire upon the account of Religion in King Edward the Sixth's Reign exclaiming bitterly against Protestantism The Fanaticks Robert Kett being their chief Leader made War and Rebelled at Norwich in Norfolk against the same King Edw. the Sixth under the pretence of Religion exclaiming Loudly against Popery The Papists plotted several times but were not able to effect the Deposition and Death of Queen Elizabeth a Protestant The Fanaticks plotted and effected the Deposition and Expulsion of Mary Queen of Scotland a Papist The Papists plotted the Alteration of the Protestant Religion that they might introduce Popery in Queen Elizabeth's Reign The Fanaticks in her Reign plotted the Alteration of the established Protestant Religion Some as Cartwright Travers c. that they might bring in their Genevan-Discipline Others as Hacket Barrow Brown Coppinger Penry Thacker c. that they might usher in their Libertinism Enthusiasm and Donatism The Papists plotted to alter Religion and to destroy King James by Gunpowder and other ways The Fanaticks particularly George Brook Henry Brook Lord Cobham Lord Gray of Wilton c. joyning in Conspiracy with the two Popish Priests Watson and Clark plotted to destroy King James to alter Religion to subvert the State and to procure Foreign Invasion The Papists in Ireland upon the account of Religion openly Rebelled against King Charles the First and most barbarously Massacred thousands of his Protestant Subjects thereby endeavouring to bring in Popery The Fanaticks in England and Scotland upon the account of Religion openly Rebelled against the same King Charles the First and caused a bloudy Civil War in which thousands of the King 's Loyal Subjects were Butchered and Murthered they hoping thereby to extirpate the established Protestant Religion and to bring in their Genevan Presbytery or Belgick Consusion The Papists in France Murthered King Henry the Third and King Henry the Fourth of that