the Earl of Warwick he leaves Edward and indeavours to restore again the Title of Henry the Sixth and removes him out of the Tower where he had been a Prisoner almost Nine years and Restores him his Crown and all Imperial Ornaments and Officers and King Edward is proclaimed an Usurper and all his partakers Traitors which forced King Edward to fly to the Duke of Burgoign his Brother-in-Law who had Married his Sister but Warwick sending Forces over to Callice to Infest the Dominions of Burgoign for Entertainment of Edward Burgoign being sensible of the storm likely to fall on him wisely so wrought that he made a Truce with King Henry The Duke of Burgoign a Papist Ally forswore himself to Henry the Sixth a Papist King and Ratisied it by Oath that he would give no Aid to his Brother-in-Law Edward against him Yet this Oath he immediately broke and under-hand furnished him with Eighteen tall Ships Two thousand Dutchmen and Fifteen thousand Florens of Gold Here may be seen what little Trust can be had by an English Papist Prince to the Oath of a Foreign Papist Prince though he pretend the common Obligation of the same Religion See here the next Example how little a Papist King can trust the Oath of a Papist Subject or a Papist Subject him After the Second Battel at St. Albans between the Queen and the Forces of Edward Earl of Marsh the Nobles who in outward shew before seemed for the King withdrew themselves from Attending his Person and the Lord Bonvile coming in a Complemental manner to the King saying It grieved him to leave his Majesty Henry the Sixth a Papist King broke his Promise to two Papist Subjects to the loss of their lives but Necessity for the Safeguard of his Life inforced it But at length he was importuned and Sir Thomas Kyviel likewise by the King to stay he passing his Royal Word that their stay should not indanger their Bodies upon which promise they stayed but to their cost for such was the implacable Fury of the Queen that hearing Baron Thorp was by the Commons Beheaded at Highgate she the day after the Battel being Ash-Wednesday caused both their Heads to be struck off at St. Albans Truss Hist 172. If so Saint-like a Papist King or his Queen for him broke his word to those of his own Religion what is to be expected from them who openly appear in the shape of the Father of Lies and care not for Transforming so much as in shew to Saint or Angel As the Duke of Burgoign had contrary to his Oath aided Edward with a Fleet Men and Money against Henry the Sixth so he himself coming over and Landing at Ravenspur in Yorkshire finding but cold Entertainment and having marched to York and finding as little Expression of Welcom he fell on the old Popish shift of swearing and forswearing Edward the Fourth a Papist King forswore himself though he took the Sacrament on it to Papist Subjects He therefore swore deeply and took the Sacrament upon it that he came not to disturb King Henry but only to recover his own Inheritance and for the more shew thereof he wore an Estritch Feather Prince Edward's Livery which Proposition seemed so reasonable that many who resisted him before were as ready to assist him now both Sides seeking to make London their Friend to which end the Earl of Warwick sends to his Brother the Archbishop of York to Labour in it with the City to continue their Fidelity to Henry their King which he did accordingly but could not get above Seven or Eight thousand Men a small proportion to withstand King Edward Comines and Bodin make the Reason why the Citizens were rather inclinable to bring Edward to be because he owed the City great Debts and if he should miss they should lose their Debts Others add another Reason to be Because Edward had been kind to many of the Citizens Wives who importuned their Husbands to receive him but whatever were the cause the Archbishop of York so much doubted of the effect of their being Faithful that he sent secretly to Edward to desire him to receive King Henry into his Grace which on promise of being Faithful thereafcer he obtained and thereupon the Archbishop delivered King Henry into King Edward's hands Edward the Fourth contrary to his Promise suffers Henry the Sixth to be Murdered So here Edward a Papist King promiseth Henry a Papist King on the greatest Consideration one King can give to another the Delivery of his Person into his Competitors hands that he will not hurt him in his Custody yet after he Commands or Suffers him to be Murdered in the Tower by his Brother the Duke of Gloucester where he was Imprisoned A Papist Successor will give no Liberty of Conscience to Papist Subjects 3. A Papist Successor will not give Papists themselves Liberty of Conscience insomuch as a Thought But will force the Conscience either by Imprisonment Inquisitions Racks or Tortures falsly to accuse it self or by Compulsion to Oaths or External Forms and Ceremonies of Worship to betray it self to the Injust punishment of Penal Laws and Statutes He will exercise the Cruelty of the Inquisition on Papists themselves How little the Papist Inquisition spare their own Papists though they have not the least exception against them for their Religion may in part appear by the following Story Father Ephraim a Friar Capuchin was Born at Anxerre in France and was Brother of Monsieur Chateaude Boys Councellor of the Parliament of Paris Father Ephraim was Learned in the Languages and of as great Diligence Learning Eloquence and blind Zeal in Preaching up the Papist Religion as the best of them And to spread the same he Travelled to the Indies and was there entertained at Bagnabar by the Chek who had Married the eldest of the Princesses of Golconda and he Promised to build him an House and a Church gave him an Ox and two Men to carry him to Maslipatan where he stayed to Imbark for Pegu according to the order of his Superiours but finding no Vessel ready to set Sail the English drew him to Madrespatan where they have a Fort called St. George and a General Factory for every thing that Concerns the Countries of Golconda Pegu and Bengala they over-perswaded him that he might reap a fairer Harvest in this place than in any other part of the Indies to which end they built him a very neat House and a Church Madrespatan is but half a League from St. Thomas a Sea-Town on the Coast of Cormandel where was a very great Trade especially for Calecots and a very great Number of Merchants and Workmen lived there the greatest part whereof desired to Inhabit at Madrespatan with the English but that there was no Place for them to Exercise their Religion But when the English had Built a Church and perswaded Father Ephraim to stay many of the Portugueses quitted St. Thomas by reason of
truth in what the Flatterers of Kenneth boast that by this means the Govetousness and Slaughters of Kindred are avoided Neither are the Treacheries of Guardians less to be feared to the Children of Kings left in Minority than of their Kindred wherefore now the Tyrant being fallen who Ravished our Liberty let us valiantly resume the same and his Law Enacted by force and assented to by fear if it be a Law and not rather a selling us for Slaves let us abrogate and repeal the same and Restore again our Ancient Fundamental Laws which brought forth this Kingdom of nothing and from so small beginnings not only advanced to such an height as is inferiour to none of our Neighbours but when cast down hath again raised the same to its former Strength and let us imbrace the present opportunity while it offers it self which if once Elapsed we may in vain seek again The People are by this perswaded and the Twelfth day after the Funeral of Kenneth he is chosen King Anno Domini 994. And was after Slain in Battel in the Town of Vaumond in Louthian in the Second Year of his Reign And though Milcolumbus or Malcolm the second Son of Kenneth the Third who was so tormented in Conscience for Poysoning the first Son of his Brother Duffus to get an Act to Intayl the Grown to his own Posterity made no Conscience to kill Grinius another Son of the same Duffus in Battel Malcolm Son of Kenneth revives and confirms the Law making the Kingdom hereditary and having by the Success gotten the Power of the Sword into his hand in the Same manner as his Father Kenneth had by force Enacted again by force confirmed at the Same Scone by Parliament the Act of Intayl of the Crown to the Issue of Kenneth Buchanan 196. Yet doth Buchanan the same Historian p. 200 201 censure this Act of changing the Ancient Law of Election by Parliament of the Brother or any other person more fit than the Son to be Injust Imprudent and Infortunate Objections against the Reviver 1. Injust 1. Injustice Because he saith Italex enervat vires consilij publici sine quo nullus Legitimus dominatus potest consistere Such a Law enervates the Strength of Parliaments without which no Lawful Government can be for all Government is either by Conquest or Contract As to Conquest there is none demanded or acknowledged on Such a Title As to Contract there can be none without a Parliament who are the Representative of the People to contract for them 2. Imprudent â— Imprudence Because Propinquorum in eos qui Regno potiuntur insidias et Regnantium adversus eos quos et natura et lex voluit â—â—ique esse Charissimos suspitiones nesarias quas narrationis or do Exphrabit tot priorum Seciâ—â—orum clades cum illis collatae calamitatibus quae Alexandri tertij interitum sunt consecutae Leves prae ijs tolerabiles videri possunt The Treacheries of Kindred against those who enjoy the Kingdom and the wicked Suspitions of those who Reign against them who by the Bonds of Nature and Law they ought to esteem most dear as this discourse in order shall declare And the Slaughters of so many former Ages compared with the Calamities which hereby followed the death of Alexander the Third were light and tolerable Note Alexander the Third began his Reign Anno Domini 1649. he Married first Margaret Daughter to Henry the Third King of England by whom he had Alexander the Prince David and Margaret who married Hangonamus or as some call him Ericus Son to Magnus 4th King of Norway who bare him a Daughter commonly called the Maiden of Norway The Maiden of Norway had United England and Scotland if she had lived Skene And concerning this Lady of Norway saith Buchanan Lib. 8. p. 241. Edvardus Anglorum Rex gnarus suae sororis neptem Regis Norvegiae filiam unam Ex Alexandri posteris esse superstitem Eandemque Regni Scotorum Legitimam Heredem Legatos ad eam deposcendam filio suo in Scotiam misit c. Edward the First King of England knowing his Neice the Daughter of the King of Norway to be the only Remaining Issue of Alexander the Third and Lawful Heir to the Crown of Scotland he sent his Ambassadours into Scotland to ask her in Marriage for his Son They when they Argued much in the Publique Gonvention of the Publique Benefit which would ensue such Marriage they found the Minds of the Scots not Dis-inclined from that affinity for Edward was a man of great Courage and of great Power and Ambition of greater And the glory of his Valour in the Holy Warr while his Father was alive and in Subduing Wales after his death shone bright Neither could they ever Remember the Scotish and English name to have been nearer Conjoyned than under the Last Kings Neither could old Hostility be more Commodiously abolished then if there were an Union made of both Nations upon Honest and Equal Conditions The Marriage was therefore Readily Assented unto and Conditions added by Mutual assent of both That the Scots should so long use their own Laws and Magistrates till such Children should be born of the same as were able to Reign And if none should happen to be procreated or being born should dye before their Lawful age Then the Kingdom of Scotland should go to the next of the Blood-Royal Things being thus Agreed Michael or as others mention Daevid Wemes and Michael Scot two Knights of Fife of great Repute for their Prudence with their Country in those Times were sent Embassadors to Norway but they because Margaret for that was the Young Ladies Name dyed before their Arrival returned home sad and nothing done by whose immature death there arose such Controversie as vehemently shook England and almost destroyed the Name of the Scots For to go on with the History as he and other Writers Relate it not withstanding this new Act of Intayling the Crown Ten Competitors arose to the Crown of Scotland notwithstanding the Act of Reviver making the same hereditary there arose Ten Competitors for the Succession Erick King of Norway Florence Earl of Holland Robert Bruce Earl of Anandale John de Baliol Lord of Galloway John de Hastings Lord of Abergaveny John Cumyn Lord of Badenair Patrick de Dunbar Earl of March John de Vesey Nicholas de Hues William de Ross All or the most part of them alledging themselves descended from David Earl of Huntingdon Younger Brother to William King of Scots and Great Uncle to the late King Alexander But the Principal and most Potent Factions which contended were that of Balyol and Bruce On which saith Sir Richard Baker Hist 96. broke out the Mortal Dissention between the Two Nations which consumed more Christian Blood and continued longer And the Wars between the Factions of Baliol and Bruce then any Quarrel we read of ever did between any Two People in the
disinherits the true Children and Aliments and Inherits the false For shame take away such wickedness amongst Christians which is not to be found among Infidels This hath already been shewn to be the wicked Practice of Episcopal and Common Lawyers Paâ—oâ—nized by Judge Rikhil Littleton and Coke contrary to the Law of God where the Husband is within the Four Seas at the time of begetting the Child and gives power to disinherit the right and intrude Adulterous Heirs not only into private Families but Kingdoms Of which take a strange attempt emboldened on this absur'd Popish Principle That adulterous Children born within Matrimony are inheritable to the Husband of the Adulteress and not to the Adulterer Anno 1459. Henry of Spain being himself unable for generation persuaded his Queen to be got with Child by Bertrand of Guttua Joane thus gotten is Proclaimed Heir and Bertrand is made Earl of Ledesma and Duke of Albuquerk Hist Hisp The People force him to reject his supposed Daughter and to declare his Brother Alphonsus and he refusing they Depose him and Crown Alphonsus Hist Hisp Henry overcometh Queen Joane hath two Children more by another Minion Alphonsus dieth Isabel the King's Sister refuseth the Kingdom she is declared Heir and Marrieth Ferdinand of Aragon Hist Hisp Anno 1474. Divers joyn for Joane with Alf. of Portugal who meant to Marry her But Anno 1480. she entreth into a Monastery and Alf. of Portugal Here Joane was born within Matrimony and the Certificate of the Bishop and the Doctrine of Judge Rikhil if it had been sent for would have made Joane Heir but the very light of Nature taught the People though in a Countrey blinded with Popish Superstition that she was not the true Heir by the Law of God but by Fiction therefore they would not bear it Bishops Certificates make adulterous Children honorable and true Children base 18. The Certificate slanders and dishonours the true and makes honourable the false and Adulterous Children as appears in the before-mentioned form of Certificate of Bastardy That the under-named N. H. of T. A. H. of P. J. H. of P. and E. H. of P. are Bastards and every of them a Bastard He makes Bastards by Bundles 't is as easie to him as cracking of Nuts and though 1 Cor. 6.10 after other bad Company mentioned it is said No Revilers shall inherit the Kingdom of God yet the mouth of this Certificate is full of Revilings and devours no less than four Innocents at once who against others might have had their Actions of Slander but against a pretended Jure Divino of an Episcopen Slander there 's no Remedy to be had Certificates destroy Truth and found on Fictions and Lies 19. The Certificates undermine the Pillar of Truth and lays the Foundation of Marriage and Filiation on Fictions and Lies As that Sponsa before a Priest in a Temple is Vxor That Verba De Praesenti are Facta de praeterito futuro That Prohibited Marriages are Null and void That feigned and void Marriages are by Licence and Dispensation true and valid That Intention is Contract Contract is Tradition Obligation is Propriety and Promise is Gift Si donare vocas promittere nec dare Cai Vincam te donis muneribúsque mâ—is Mart. That a Child is not Sib or Kin or of Consanguinity or the Child of the Father who begot or the Mother who bare him or they of him of which see more Lib. 2. p. 154 155. That Children begot by Adulterers were begot by the Husband within the four Seas That two Persons are Transubstantiated into one Person by the words of Priests pronouncing them Man and Wife L. 1. p. 66. with many other which I forbear here to repeat All which are meer Fictions and Falsities and to be Abhorred to be Tolerated to support Ceremonial Mock-Marriage against the true Marriage according to the Moral Law of God Bishops Certificates inconsistent with the right of Primogeniture 20. The Certificate disinherits Primogeniture in Succession to Kingdoms contrary to this Statute and contrary to the Law of God and Nature Patritius Lib. 9. De Regn. T. 22. says Jus naturae exigit Gentium Consuetudo confirmat ut Maximus natu Ex filiis Mortuo Regi succedat And Tiraquel in Praefat. de Jure Primog with this agrees the Rule that Deus facit Haeredes And no other sign can be in the Law of Nature interpreted to come from God but Primogeniture of a Son with which likewise agrees the Scripture Deut. 21.15 If a man have two women for that 's the Original and it is falsly Translated Si fuerit alicui duae Vxores one beloved and another hated and they have born him Children both the beloved and the hated And if the first born Son be hers that is hated Then it shall be when he shall make his Sons to inherit that which he hath That he may not make the Son of the beloved First born before the Son of the hated which is indeed the First born But he shall acknowledge the Son of the hated for the First born by giving him a double Portion of all that he hath for he is the beginning of his Strength the Right of the First born is his The other Text of Scripture is Jehosophat gave the Kingdom to his eldest Son and Gifts to his younger 2 Chro. c. 21.1 Now Jehosophat slept with his Fathers and was buried with his Fathers in the City of David and Jehoram reigned in his stead And he had Brethren the Sons of Jehosophat Azariah and Jehiel and Zechariah and Azariah and Michael and Sephatiah all these were the Sons of Jehosophat King of Israel and their Father gave them great Gifts of Silver and of Gold and of precious things with fenced Cities in Judah But the Kingdom he gave to Jehoram because he was his First born Now when Jehoram was risen up to the Kingdom of his Father he strengthned himself and slew all his Brethren with the Sword and divers also of the Princes of Israel And 2 King 8.18 And he walked in the ways of the Kings of Israel as did the House of Ahab for the Daughter of Ahab was his Wife and he did evil in the sight of the Lord. Which Texts the one for Primogeniture in private Families the other for the same in Successions to Kingdoms make such Right appear very strong in both and these Observations tending to the same may be taken from them 1. That though the Eldest Son be the Son of a second Woman Married after the first yet if the Son of the second be the Son First born before the Son of the first he shall be preferred in the Succession 2. Though the second Woman is an unlawful Woman for here are the highest Circumstances which can make a Woman unlawful for the first Woman is still alive and hath born the Husband Children as well as the second For the words of the Text are They have born
Eldest Son the only Heir intended 4. 'T is manifest this Statute intended no kind of Heir but the eldest Son and Heir First Because the Natural affection of the Father directs his intention irresistably to his eldest Son Secondly Because his Wisdom and Self-Preservation leads to the eldest Son who as is before shewn is above all other Children the chiefest Defence of the Father Thirdly Because the Black Prince who was intended to have the benefit of this Statute was the eldest Son and Heir of Edward the Third the maker of this Statute Haeres Sanguinis non Haereditatis intended 5. 'T is manifest this Statute intended Haeres Sanguinis and not Haeres haereditatis Heir of Blood and not Heir of Goods and Haeres viventis and not Haeres Defunâ—ti Except before he is Born and not after And though John-an-Oaks who hath been so long the Parret of Littleton and Coke's Law will stomach it very much to be taught a new Lesson yet under his favour his Tutors in these matters of Marriage Filiation and Succession were very much Mistaken or Partial in this as other Matters and many of them in the two former Books have been already shewn And I shall as to the two particulars here mention'd further shew first therefore That Haeres Sanguinis is intended in this Statute and not Hares Haereditatis 1. Because Haeres Sanguinis is Haeres designans Haeres Haereditatis Haeres designatus to be known by the other 2. Because the words of the Statute are our Lord the King the Lady his Companion or their Eldest Son and Heir Now the Heir of the Inheritance of a Kingdom cannot be intended Because he derives his Title to the same only from the King and not from the Lady Companion unless a Queen Regnant therefore he cannot be the Heir of both of them as he is Haeres Hereditatis but as he is Haeres Sanguinis he is Heir of the Blood of both of them which is the only Heir intended by this Statute Secondly seeing the Heir of Blood is in the Express words of the Statute And no words at all of the Heir of the Inheritance therefore the Heir of Inheritance ought not to be put in the intention otherwise than as Haeres designatus marked to be known by the first knowing who is Haeres Sanguinis because then a Penal Statute would be extended by Equity And as to the other Particular It is manifest That Haeres viventis is intended in this Statute and not Haeres defuncti except before he is born and not after First because the eldest Son who is Haeres Sanguinis most times happens to be born in the life-time of his Father and not to be a Rosthume and ad ea quae frequentius accidunt Jura adaptantur Therefore Posthumes which do rarely happen to be eldest Sons shall not be only intended to be within the Statute and the eldest Son on whom the Royal Blood descended en ventre sa mere And he was Heir to the same before he was born be therefore excluded because he is Haeres viventis to the same after he is born and his Father died not before his Birth Secondly The words of the Statute Restrain not the Heir to be Haeres defuncti before he is born or after he is born therefore to restrain by the intention of either is to extend a Penal Statute by Equity which ought not to be done Thirdly my Lord Coke himself 3 part fol. 9. in his Exposition on this Statute says That Heir is here taken for Heir apparent for he cannot be Heir in the life of the Father Haeres viventis intended Haeres Sanguinis and not Haeres Haereditatis It is a clear mistake for first an Heir apparent can only be of the King but the Statute makes him Heir both to King and Lady and the catch which they have got of Haeres non est viventis was never intended to be any other than Haeres Haereditatis which kind of Heir is before unanswerably Proved not to be intended within this Statute And if it had the Statute had served to little purpose to ascertain the Heir of the Crown so many sorts of Laws and Customs pretending to be the Rule of Judgment of Haeres Haereditatis but the eldest Son who is Haeres Sanguinis as is already shewn can be but one in the Three Kingdoms and that the King 's eldest Son who is Haeres Sanguinis the Chief Heir of his Blood by the Law of Nature and not him who is made Haeres Haereditatis by Papal and Episcopal Laws When Theseus had occasioned the Death of his Vertuous Valiant and eldest Son Hippolitus by the false Calumnies of Phaedra his Stepmother he crys out O nimium Potens Quanto Parentes Sanguinis vinclo tenes Natura quam te colimus inviti quoque Occidere volui noxium amissum fleo Seneca in Hippol. I cannot oh too potent Nature shun The Bonds of blood 'twixt Father and a Son His blood his blood I in my anger shed For whom I now shed Tears when he is dead And did not David fall into a greater Passion of Love for Absolon though the most Unnatural Ingrateful and Traiterous Son that ever was 2 Sam. 18.32 And the King said unto Cushi Is the young man Absolon safe and Cushi answered The enemies of my Lord the King and all that Rise against thee to do the hurt be as that young man is And the King was much moved and went up to the Chamber over the Gate and wept and as he wept thus he said Oh my Son Absolon would God I had died for thee oh Absolon my Son my Son But what would David have done if Absolon had been a Loyal and Obedient Son Oh! where he now only wished he had died once he would then have cryed out and wished he had died twice for him 7. All Heirs are either Lineal or Collateral unless therefore one of these Kinds are intended the Statute can intend none at all Collateral Heirs of the Crown not within this Statute now that Collateral Heirs are not intended is expresly delivered by Coke 3 Part. fol. 9. where he saith if the Heir apparent to the Crown be a Collateral Heir apparent he is not within this Statute as he saith Roger Mortimer Earl of March was Anno Dom. 1487. 11. R. Proclaimed Heir apparent Anno 39. H. 6. Richard Duke of York was likewise Proclaimed Heir apparent so was John de la Poole Earl of Lincoln by R. 3. and Henry Marquess of Exceter by King Henry the Eight but none of these or of the like are within this Statute if only Lineal Heirs are within the Statute there can be none but the eldest Son can be Heir intended the eldest being expresly named Heir and none besides named at all That to compass the Exile or Disinheriting of the King 's eldest Son is High Treason To Exile or Disinherit the King 's eldest Son High Treason
Illegitimate alike how he pleaseth for Filiation and Legitimation The Power of Alienation by the Father of the Goods neither Legitimates or Illegitimates the Child are Jure naturae and Jura Sanguinis and Jura naturae sunt immutabilia and Jura Sanguinis nullo Jure Civili divini possunt Upon the whole I conclude that were there no other Example but this it utterly overthrows all manner of Objections whatsoever can be invented against the Right of Primogeniture and makes ridiculous all Popish Fictions of Illegitimation The Marriages of the Kings of Judah and Israel and all the Ebrews might be Copulatione without Ceremony Godw. Antiq. Selden As to the Laws of the other Nations besides the Hebrews first to touch on the Greeks Jus Coronae of Greece as to Legitimation Eustatheus on Homer concerning Teucer who was a Natural Son affirms That whosoever is born of a Prince is lawfully Born and so Teucer was held in as great Esteem as any other and injoyed his Inheritance for as Servius saith in Greece Consuetudinis Regiae fuit ut Legitimam Vxorem non habentes aliquam licet Captivam tamen pro Legitima haberent ut Liberi Ex ipsanati succederent The Common Law of Greece was That if a King had not a Lawful Wife any Woman he had a Captive Slave should be accounted Lawful and his Children by her should be his Successors So this was the Jus Coronae of Greece though it was otherwise as to Succession amongst the Subjects Children for they had only a Filial Portion of a Thousand Drachmae which they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not Illegitimated or left without Portion Amongst the Roman Emperors there was no such thing ever heard of as Illegitimation of the Emperors Children Jus Coronae of Great Britain as to Succession differs from the Law of Succession as to Subjects till the Papal and Episcopal Laws overtopt the Imperial nor any such thing ever heard of except falsly Translated amongst the Kings of Israel or Judah or in the whole Scripture nor in the Ottoman Empire nor in any Nation except where Popes and Bishops have set their foot and as to the Jus Coronae of Great Britain as 't is well known the same is necessarily in many things as to Succession different from the Common Law of Succession to the Subject So it is as well known that neither the Romish nor Brittish Bishops have dared though they have Usurped on the Subjects to invade the Legitimation of the Crown in Great Britain and if they have as in the famous Prince Edward the Sixth and Queen Elizabeth it hath been fruitless First Constantine the Great was the Natural Son of Constantius Sorus by Helena a Brittish Lady who is called his Concubine and whom after the Birth of his eldest Son the said Constantine he repudiated and after Married Theodora the Daughter-in-Law of Maximinianus the Emperor yet Constantius Clorus dying here in Britain his eldest Son Constantine the Great without Scruple made by any succeeded his Father in the Government of Britain and all other Western Provinces belonging to his Father's share of Empire in Scotland Gillus Nothus Gillus Nothus succeeded to his Father Evenus notwithstanding that false name of Nothus cast on him by the Romish Episcopal Laws contrary to the Law of God which Evenus was a Wife and a good Prince yet he never contracted the Mother of his eldest Son Gillus by the Ceremonies of a Priest or Temple yet was this in a time of Christianity and not of Paganism for Donald was the first Christian King of Scotland Anno Domini 199. which was long before Gillus Buch. Rer. Scot. 103. Et Skene in his Table of Kings Robert the Second of Scotland Robert the Second of Scotland Elizabeth More and Eufemia a good and peaceable Prince for those Atticbules doth Skene in his Table of Kings give him took to him according to the words of this Statute to be the Lady his Companion Elizabeth More the Beautiful Daughter of Sir Adam More his Subject without any Ceremonies of Priest or Temple and had Issue by her John Robert and Alexander after he deserts Elizabeth and Marries her to Giffard a Nobleman of Louthean And by the Ceremonies of a Priest and a Temple Marries Euphemia the Daughter of Hugh Earl of Ross and had Issue by her Walter after Earl of Jearne David after Earl of Athol and Euphemia after Married to James Douglas after Euphemia the Queen dies and much about the same time Gyford dies King Robert resumes Elizabeth and Marries her by the Ceremonies of a Priest and Temple as appears by Buch. Rer. Scot. p. 107. where he saith that after the Death of Euphemia Robertus non tam impatientia Coelibatûs quam Amore filiorum ex Elizabetha Mora prius Genitorum ipsam Vxorem duxit hanc enim eliganti forma Adami Mori illustris Equitis filiam adhuc adolescen◠vehementer amarat Ex eaque tres filios duas filias susceperat eamque Gifardo viro nobili in Lothiana curaverat collocandam verum sub idem fere tempus Eufemia Regina Gifardo Elizabethae Marito Defunctis Rex sene vetere consuetudine Morae inductus sive quod a multis traditur ut filios quos ex ea genuerat Legitimos faceret matrem eorum sibi Matrimonio junxit filios statim divitiis honoribus auxit Johannes natu Maximus Carictae Robertus Tinchi◠Alexander Buchaniae Comites sunt facti adjecta etiam Badenach nec munificatione Contentus Comitiis ad Sconam indictis obtinuit ut praeteritis Eufemiae Liberis in Rege creando gradus aetatis observaretur Whence may be observed 1. That the Sons of a Lady born before any Marriage of her with the Ceremonies of a Priest or Temple succeeded to the Crown of Scotland 2. That she was a Lady not Prohibited by the Law of God for the King to Marry 3. That she was the Daughter of a Subject 4. That the Subsequent Marriage by the Papal Law signified nothing for no stress is laid on it but the Confirmation and Declaration of the Successors sought from the Parliament 5. Though there were other Sons born of Euphemia the Queen who was Ceremoniously Married by a Priest in a Temple yet the Parliament thought just to pass by her Sons and to settle the Succession on the Sons of Elizabeth Athelstanus Nothus Legitimate per Jus Coronae Athelstan was the eldest Son of King Edward the Elder before the Conquest by a Lady his Companion to whom he was never Contracted by the Ceremonies of a Priest in a Temple but a Lady not Prohibited by the Law of God to have Married King Edward had after him five younger Sons by two Wives whom he had Ceremoniously Married by a Priest in a Temple and died after his Death notwithstanding the fourth Son of King Edward by one of his Episcopal Wives was left alive and notwithstanding the Priests and others
of him as he did his Dutchy of Normandy and do him Homage for it which would add a great Honour to that Crown Then was he be-before-hand with Pope Alexander to make Religion give Reputation to his Pretended Right he promised likewise to hold it of the Apostolick See if he prevailed in his Enterprize whereupon the Pope sent him a Banner of the Church with an Agnus of Gold and one of the hairs of Saint Peter And he likewise by great Promises got his own Brother Odo Bishop of Baieux to furnish him with Forty Ships for his Expedition After William had with great difficulty got the Battel at Hastings wherein King Herold happen'd to be kill'd with an Arrow in his Eye some of his Nobility with all their Power strove to establish Edgar Atheling the next of the Royal Issue in his Right to the Crown but the false Bishops rather bent to let in a Foreign Enemy being fool'd by him with fair Promises than to assist the Native Prince and by their Example drew in the Nobility to trust to his Personal Oath made at his Coronation before the Altar of St. Peter to defend the Holy Church that was the Papist Church and the Rectors and to Govern the Universal People according to the Laws but this Oath and his Promises were as weak to bind him as the single hair of St. Peter he had got from the Pope for as soon as he had Establish'd himself he was not such a Fool to do Homage for England to the French King nor to hold the same of the Apostolick See nor to defend the Bishops and Abbots in their fat Bishopricks and Abbies but as Cambden saith He made such clear work with them that he did not leave one English Ecclesiastick whom he thrust not out of his place and fill'd their Rooms with Erench Sr. Johns And for the English Nobility he drove some to fly to Scotland some to Norway some to Hungary and any other Places where they could be received till in the end he had totally destroyed them and filled their Places with French Contes and to shew himself no partial Dealer with those who would trust his word he spared not his own Brother Odo the Bishop of Baieux but notwithstanding the Forty Ships with which he had Supplied him on promise of better dealing he seized and Confiscated all his Treasure which he had which was very great and hoarded up with an Intention to have bought the Papacy And it is no wonder if mali Corvi malum ovum And he practised the same deceit against themselves and their false Religion had taught him towards others for let a Papist Prince swear never so many Oaths to Papists of his own Religion and break them all the same Religion fits him with Popes enough at his Elbow to Confess and Absolve him instantly or if he doubts his Trencher-Popes cannot do it he can have for Money his Unholiness himself to Absolve him from any Oath Covenant or League with any other Papist Prince whether of Peace or War and how many Examples are there of the same And more easily can he do it with his own Subjects as Dan. Hist fol. 143. King John a Papist King forswore himself to Papist Subjects being Absolved from his Oath by the Pope King John for the Glory of God and Emendation of the Kingdom in Parliament makes Articles of Agreement between him and the Barons wherein are Confirmed all the Laws and Liberties of the Kingdom and Mutual Oaths taken on both sides by the King and Barons in Solemn manner for the Observation of the same Articles The King likewise sends his Letters Patents to all Sheriffs of the Kingdom to cause all Men of what degree soever within their several Shires to Swear to observe the Laws and Liberties thus granted by his Charter There we see a Papist King agrees with Papist Subjects on Oath in the highest manner and both the King and Barons and the whole Body of the People of what degree soever are solemnly Sworn before God And the Laws and Liberties are likewise Confirmed by Act of Parliament But the next News in the History we hear of is He hath some Papist evil Councellors who tell him he was now a King without a Kingdom a Lord without a Dominion and a Subject to his Subjects whereon this Papist King sends to the Pope and by Bribery he Absolves the King from his Oath Nullifies the Act of Parliament and Excommunicates the Lords Now therefore let it be shewn how these Papist Lords being laid in the Pickle of Excommunication and not having Personam standi in Judicio could have done to have bound the Conscience of their Papist King to have performed to them his Contract Covenant League and Oath or let it be no wonder if Protestants are very fearful to have a Successor of such a Religion or if they think that these Lords had not been more happy if they had had a Protestant King or of any Religion which would have bound his Conscience to have kept his Word and much more his Oath to his Subjects The Papist Lords grown Desperate of Right from their English Papist King run into the other Extreme and will Trust themselves to the Oath of a Foreign Papist King seeing their own would not keep his they send therefore over-Sea and go in great haft to Louys the French Kings Son to Sollicit him to take upon him the Crown of England who is their tres humble Serviteur and as ready to Swear to them as they to him A French Oath pretended surer than an English and to make wise to them that a French Oath was surer than an English over therefore he comes to England in Person with as great a Fleet and Army as the Power of France could make on so likely hopes of a Conquest incouraged by so great a Power of the English Barons who call'd them in and joyned with them and being Landed in Kent in May the Lords bring him to London where he takes his Solemn Oath to Restore their Laws and Liberties and recover their right for them King John who had first forsworn himself was notwithstanding in the Field with another Army against King Louys but fell into a Feaver and Died or as some say was poisoned On his Death many of the English Lords hoping to find more Truth in the Son than in the Father returned from Louys to their Native King and suddenly Crowned Henry the Third the eldest Son of King John being then but Nine years old in a great Parliament Assembled at Gloucester 28 Octob. by which Parliament his Tutelage by Reason of his Minority was Committed to the Great Marshal William Earl of Pembrook a Man Eminent both in Courage and Council And it is likewise to be noted That this Henry was begotten by King John of Isabel the Daughter and Heir of Aymer Earl of Angloulesm who was before the Marriage pre-contracted to Hugh le Brun Earl of March
injoyed near Threescore years after Had Antonio been allowed equal Judges or the Law of God been the Rule of their Judgment or had he been allowed to have pleaded the Law of the Land and Custom of both Portugal or Spain for Natural Sons to succeed the Crown he needed not have looked for more Examples of Natural Children than those from whom King Philip himself derived his many Spanish Kingdoms and according to the Customs of Portugal Don Antonio a Natural Son Crowned King of Portugal Don Antonio was on the Death of Henry chosen and Crowned King of Portugal at Lisbon their chief City till Philip sent the Duke of Alva thither with a greater Army than the Portuguese had put Don Antonio to flight Overcome by Philip flyes to England whom the People had Elected King and within Seventeen Days subdued all Portugal Don Antonio thereon flyes into England where he is kindly received of Queen Elizabeth as descended of English Blood and of the House of Lancaster and having entertained him here divers years his Title of being right Heir to the Crown of Portugal is so far approved by the Queen and Council Queen Elizabeth approves his Title as right Heir to Portugal and the Protestant Doctrine That she gave leave to Sir John Norris and Sir Francis Drake to undertake an Expedition at their own private Charges requiring nothing of her but a few Ships of War who took along with them Don Antonio the Heir of the Kingdom of Portugal and of Souldiers Eleven Thousand and of Seamen about Fifteen Hundred And setting Sail from Plimouth the Fifth day of April they arrived at the Groyne of Galizia whereof with great Valour they took first the Lower Town and afterwards the Higher and after Sailing towards Portugal they met Robert Earl of Essex who without the Queens leave had put to Sea after two days they arrive at Penycha a Town of Portugal which they took and left the Castle to Don Antonio And from thence they march by Land towards Lisbon Threescore Miles off the Foot Companies led by Norris whom Drake promised to follow with the Fleet being come to the West Suburbs of Lisbon they found no body there but a few poor disarmed Portugals who cryed out God save King Antonio The day following the Spaniards made a Sally in which Skirmish Bret Caresly and Carre three stout Commanders were Slain yet did the Earl of Essex drive the Spaniards to the very Gates of the City And now having tarried here two Days and no likelihood of the Portugals revolting which Don Antonio had hoped but was not probable that the strict hand of the King of Spain then in full Possession on them should give them that Liberty sinding fresh Supplies to come into the Town their own Army Sickly Victuals and Powder failing and what was most of all Sir Francis Drake not bringing the great Ordnance as he promised They departed from the Suburbs of Lisbon towards Caseais a little Town at the Mouth of the River Tagus which Town Drake had taken this mean while who excused his not coming to Lisbon by reason of the Flats he must have passed and the Castle of St. Julian Fortified with Fifty Pieces of great Ordnance Near this Place they found Threescore Hulks of the Hans-Towns of Germany Laden with Corn and all manner of Munition which they took as good Prize towards their Charges in regard the Queen had forbidden them to carry Victual and Munition to the Spaniard From hence they sailed to Virgo a Forlorn Town by the Sea side and Pillaging all along that Quarter returned for England having lost in the Voyage Soldiers and Marriners about Six thousand yet not so much by the Enemy as eating strange Fruit and Distemper of the Climate on which I shall only further observe That Kingdoms are not so easily got again as they are lost and that the Disinheriting of the Natural Heir of the Crown of Portugal was the cause of the seizure and Conquest by the Spaniard of that Kingdom Foreign Princes when the Successor is uncertain will stir up so many antiquated Genealogies Antiquated Genealogies used to be raked up by Foreign Princes that every one may pretend a right to the Crown and it hath been already mentioned that there were no less than Five or Six to the Crown of Portugal no less than Ten Titles Foreign and Domestick in Scotland in the time of Basiel and Bruce and no less than Sixteen in England before the Death of Queen Elizabeth and how far Papist Foreign Princes will go when they have none nearer to draw Genealogies as high as the Man in the Moon and when they have no substance to raise the Ghosts of Titles again from their old Purgatories nor Kif nor Kin to the last Possessors appears by the next Example Hacket endeavours to raise a Papist Title to the Crown Richard Hacket was sent from the English Fugitives beyond Sea in the Reign of Queen Eliz. to perswade Ferdinando Stanly E. of Derby Son to Henry newly Deceased to assume the Title of the Kingdom of England by right of Descent from Mary Daughter to Henry the Seventh and threatning him unless he undertook the Enterprize and withal concealed him the Abettor he should shortly die in a most wretched manner But the Earl fearing a Trap was laid for him revealed it and Hacket was thereon Condemned and Executed for Treason but this Fellow's Threatnings proved not vain four Months after for then the Earl being in the Flower of his Age was miserably Tormented and Vomited Stuff of a dark rusty Colour being thought to be Poisoned or Bewitched There was found in his Chamber a little Image of Wax with Hairs of the Colour of his Hair which some thought was done on purpose that men should not suspect him to be Poisoned his Vomit so stained the Silver Andirons that it could never be gotten out and his Body though put in Cere-Cloths and wrapped in Lead did so stink and putrifie that for long time none could endure to come near where he was Buried Bak. Hist 402. When good Correspondence between Queen Elizabeth and King James of Scotland gave the Papists small hopes that ever he would prove an Instrument to restore the Catholick Religion they begun thereupon to bethink themselves of some English Papist that might succeed the Queen but finding none of their own Sect a fit Person they fixed their thoughts on the Earl of Essex who always seemed a very moderate Man and him they advised to have some right to the Crown by Descent from Thomas of Woodstock King Edward the Third's Son But the English Fugitives were for the Infanta of Spain English Fugitives seek to seâ— up a Title for the Infanta of Spain and to exclude all Protestants from the Crown and desiring to set the King of Scots and the Earl of Essex at odds they set forth a Book which they Dedicated to Essex under the Name of Doleman but
in England or Scotland makes the Children either of Papist or Protestant born of Marriages not prohibited by the Law of God Illegitimate Therefore all Children born of Marriages not prohibited by the Law of God are Legitimate by the Law of the Land for though some Penal Laws have been by Pontifical pretences procured which have presumed too far to prohibit contrary to the Divine Ordinance Marriages and Meats not prohibited by the Law of God yet none but the Pope and Council of Trent who in their Luciferian Pride pretend to power above God's Law ever transgress'd so far in these Kingdoms as by such penal Laws to null or make void such Marriages or to Illegitimate their Children or though they imposed penalties on the Parents to impose any on the Children as may appear by the Statutes 3 Jac. 5. for England prohibiting Popish Recusants to Marry otherwise than by a Minister lawfully authorized in some open Church or Chappel according to the Orders of the Church of England And the Act Car. 1. Par. 2. Sess 2. Act 8. fol. 88. for Scotland prohibiting any to Marry in another Kingdom without the Banns first proclaimed in Scotland And that the Omission of Ceremonies contrary to a penal Law neither Nulls the Marriage nor Illegitimates the Issue Vid. proved before Lib. 1. p. 110 111. 7. Frustra probatur quod probatum non relevat It were time mispent to prove Ceremonies which when they are proved prove nothing to the Matters in question which are a lawful Lady Companion as intended by this Statute and an eldest Son by her of the Blood of King Charles the Second the rightful present Possessor of the Three Kingdoms and of the Blood and of his two special Predecessors King Edward the Third of England and King Fergusius of Scotland as to which Probation of the Ceremonies of a Marriage proves nothing of the Truth or Lawfulness of the Marriage for many Ladies have been Married with all the Ceremonies the Priest could lay on them yet have their Marriages been utterly unlawful and prohibited by the Law of God nor do they prove the Truth or Lawfulness of the Lineal Blood derived from the Possessors or Predecessors As for Example The Kings of Sparta were to be of no other Blood but of the race of Hercules these were Married with all the Ceremonies accustomed in that Kingdom yet did not those Ceremonies preserve the Chastity of the Queen from being so over-familiar with Alcibiades her Husband 's ingrateful Guest and whom he had hospitably entertain'd when fled from his own Country of Athens but he having got her with Child boasted when he was gone from thence that he had left Heirs of his Blood to the Kingdom of Lacedaemon So Henry of Spain Anno Dom. 1459. having Married his Queen with all the Ceremonies accustomed in that Kingdom but being unable himself perswaded her to be got with Child by Bertrand of Guttua Joan thus gotten is proclaimed Heir but refused by the people Bertrand is made Earl of Ledesma and Duke of Alburquerk Sp. Hist Canutus the Dane Married here in England Algine who was Barren she to oblige the love of her Husband feigned her self with Child and packt one that was Suppositions on her Husband King Canutus was very joyful of his supposed Son and called his Name Sweno and after gave him the Kingdom of Norway Philip the Second of Spain was Ceremoniously Married to Queen Mary for whose being with Child as was supposed a Day of Publick Thanksgiving was kept and the Bells rang with Joy through all England but as is said King Philip was Jealous of the like Issue with Canutus what had the proof of the Ceremonies of Marriage been to the purpose to prove Adulterous Children to be of the race of Hercules or Henry or such as had been Suppositions of the Danish or Spanish Races 8. It were a Dishonour to the Holy Protestant Religion and the Professors thereof to be able to Establish the Lawfulness and Validity of their Marriages on no more Sacred Principles than Ceremonies of so unclean an Original as Popes Common Prostitutes Magicians Aruspices Astrologers Southsayers Priests of Priapus and Venus Pagan Gods and Goddesses and Daemons themselves as is already proved Lib. 1. p. 43 44.51 52. Then as to Witnesses It were an unnecessary Tempting of God to cast what is not the cause of a single person but of all the Protestants in the Three Kingdoms on the hazard of such Witnesses as the Probation of Ceremonies Thirty years since and in a Foreign Catholick Country will require for it is certain the Bishops and Magistrates of that Countrey are Papists and therefore no equal Witnesses may be had thence but such as may think it is Meritorious to overthrow the Protestants right or wrong and the same Danger is of Witnesses at home obnoxious to as great Temptations of Papists here whose Religion is not to keep Faith with Hereticks as they call Protestants whereby they may as is commonly practised be corrupted with Money either in a counterfeit manner to offer their Testimonies and when they have Sworn to Recant and Reprobate themselves whereby the Truth shall be betrayed or a greater Number of false Witnesses be Suborned to Swear against the Truth then may be got to Swear for it whereby the Truth shall be destroyed or such Judges may be as will hear no Witnesses but such as are right for the turn whereby the Truth will be suppressed of which Popish practices too much hath appeared fresh before our Eyes in the Examination of the late Horrid Plot. Therefore no Prudence to give them opportunity to do the like or worse by joyning Issue with them on the Impertinent point of Ceremonies of Marriage wherein only they are able to corrupt Witnesses But it is more secure to stand on the points of Substance of Marriage according to the Law of God which are these viz. Cohabitation Conjugal Society Chastity Children and acknowledgment of them by the Father to be his of which God's Providence hath provided so many Witnesses as will be in vain for them to Suborn or Corrupt false Witnesses to the contrary Besides if Witnesses may be had yet alive after Thirty years time yet they may Die or be Poison'd or otherwise made away when known before they come to Hearing or so terrified that they will not dare to testifie the Truth why then shall all be put in danger by Ceremony when Substance Places all in Security and it were an injust thing Three Kingdoms should be hazarded on the Lives of two or three Witnesses To speak at last in reference to the Judges and Court by whom this Marriage ought to be judged which ought to be only by the King and Parliament both as to the Fact and the Law for as to both the same as alleadged being made beyond Sea in a Foreign Catholick Country not under the Jurisdiction of the King and Parliament nor where his Writ runneth The Archbishop of
what not and what lyable to the Lawes of Nature Fate and Providence whereas the Laws of Fate and Nature may be Exercised both over these and over Subjects Ignorant Insensible Irrational Foolish Mad-men and deprived of all Intellect alike Secondly in regard of their ability as the Law Moral can be only Exercised on persons able to perform it but the Laws of Nature Fate and Providence over Babes new born Blind Deaf Dumb Maimed and the Dead themselves Thirdly in regard of Liberty as the Law Moral can only be Exercised over free Agents but the Lawes of Nature Fate and Providence may be Exercised over necessary Agents forced Agents Bond-men Slaves Captives Prisoners and persons in Chains and Fetters Though therefore all humane Actions are under one of these four Laws a Man is a necessary Agent as to the Law of Nature and a forced Agent to the Law of Fate and Providence and a free Agent as to the Moral Law yet seeing he may be in many things Ignorant when he is Ruled by Nature when by Fate when by Providence Not revealed to Man by which of these four Laws he doth Act in any particular Action and when by the Moral Law and consequently it may be secret and not revealed unto him when he is a necessary agent when a forced agent and when a free agent or in the more Common word when his Will is free and when Bond In this Ignorance therefore of all the other Three Secret Laws he ought to act according to the Moral Law which God hath revealed and promulgated alwaies and according to the other Three when God hath in particular Acts of his own manifested his Will in them as it is an Act of God that an Eldest Son is born who is an Infant or Minor And a Brother born who is a Major and this Act of God is good and of great Mercy but that on this Act of God Murder should be Committed or Civil Wars be unjustly Raised is Evil and an Act of Man and God is not the Author of this Sin and though no humane Law could have caused or prevented this of the Infancy of a Son or Majority of a Brother yet may and ought human Laws prevent or punish the wicked acts of men which may ensue thereon in attempts to Murder either and seeing God by his Moral Law hath Commanded Powers to be a Terror to Evil Doers it is their Duty therefore And if they neglect it the bear the Sword in vain to make Laws to prevent and punish them and not to leave Infants and Subjects Exposed in such a Wilderness of Dangers as this is of Succession because its possible Fate may destroy them notwithstanding the greatest human care and Providence may without any such care taken at all preserve them Which Stoical and Epicuraean Follies of fata regunt homines fatis agimur Cedite fatis or Res humanas ordine nullo fortuna regit or vita regitur Fortuna non Sapientia to Extend beyond their Bounds prescribed by God or to all humane Actions because ordained and permitted in some were like the Ridiculous Pagan Divinity derived from none but such Authors Not to sow because Fate may destroy the Harvest with it and Providence may give an Harvest without it Not to wear Arms in War because Fate may destroy with them and Providence may preserve without them Not to do good Works because if Predestinated to be Damn'd thou shalt be Damn'd with them And if Predestinated to be Saved thou shalt be saved without them I should not have thought this of Fate worth the objecting or answering had I not found the same Actually press'd in the most Excellent Historian and Statist that ever writ in the Isle of Great Britain for such was Buchanan out of whom I have recited it Answ 4 To the Objection of the Civil Wars between Baliol and Bruce and York and Lancaster notwithstanding the Succession of the Crown ascertained to the Kings Eldest Son Answ 4. As to the Calamities of Civil Wars which followed between Baliol and Bruce in Scotland and the Houses of York and Lancaster in England notwithstanding the Laws in both Kingdoms making the Crown Hereditary to the Eldest Son And that such Lawes did not prevent the same I Answer first As to Scotland the effect of the Law of Primogeniture could not be expected where there was no Eldest Son surviving nor on the Death of Margaret of Norway so much as an Heir Lineal Male or Female left but if there had been an Eldest Son left there is no appearance of any thing against it but the Crown of Scotland had never Returned to the Line of the Earl of Huntingdon but remained in the Line of King Alexander the Third who was the last Possessor which would have prevented all those Ten Competitors to claym from Huntingdon and consequently the Wars between Baliol and Bruce Then as to the Civil Wars in England if Richard the Second had left a Son there appears no probability that ever there had been a Civil War between York and Lancaster Besides if when there is an Eldest Son left as was by Edward the Fourth and an younger Son with him and notwithstanding there followed a new Civil War between York and Lancaster in the Persons of Richard the Third and Henry the Seventh first though this Law of Primogeniture in Succession did not prevent it And though the Law make it High Treason to Compass the death of the Eldest Son yet could it not prevent the Murder of both the Sons To which I answer That it is not to be Imputed as a fault to the Statute or Law that some wicked persons dare break it but is notwithstanding of greater use as the Statutes which make it High Treason to Counterfeit the Kings Seal or to Clip Money and Felony to Rob on the High-Way Though many have notwithstanding Counterfeited the Seal Clipt Money and Rob'd on the High-way yet are not these Statutes Useless but a great Security to the People for though there are now a few if there were no such Statute at all there would be multitudes of Malefactors Richard the Third designing to Murder his Brother's Sons first slandered them with Illegitimacy Besides as to the Particular Instance of Edward the Fourth it was his Inadvertency and indeed Imprudence to Commit the Guardianship of his Son in Minority to his Brother who thereupon forged Illegitimacy against them and Murdered them And it was done for want of such a Law of Succession as was Enacted by Kenneth the Third and Malcolme Mackenneth the Second in Scotland which according to Buchanan lib. 6. p. 191. was A Guardian by the Law of Scotland to be Elected by Parliament during the Minority of the Prince Vt Rege Impubere Tutor qui pro Rege esset interea Eligeretur vir prudentia opibus insignis qui ad quartodecimum usque Annum Regis nomine rem administraret Ad id aetatis
ubi Rex pervenerit ipsi sibi curatores Eligere posset That the King being under the Age of Fourteen Years Election should be made of a Guardian of great Estate and Wisdom who should be his Regent in the mean while and Administer his Affairs in the King's Name till he arrived at the Age of Fourteen and when he came to that Age he himself might choose his own Guardians Which Election of a Guardian must be intended to be by Parliament for it appears by the words That the Infant or Minor King must not nor is able to choose himself till he come to the Age of Fourteen And it is contrary to Reason that any other should be his own Judge to choose himself to have to himself to his own use the Custody of the Person of the King Dangerous to Commit the Guardianship of a Minor prince to the next Major in whom all his Subjects have an Interest And it would be very Dangerous to the Infant if he who is next Successor to the Crown should get the Custody of the Heir into his hands There is no Third Power can be therefore above Exception who ought to choose the Guardian of an Infant King but the Parliament And accordingly we find it to be the constant Practice of that Kingdom as appears Buchanan Lib. 19. p. 687. when it is said Sed cum homines usu rerum Edocti Perspicerint vix fieri posse ut in tanta fortunae inconstantia non aliquando in pueros aut alioqui Regno ineundo Impares haeredes jus summi Magistratus inciderit c. But when taught by Experience men saw that it could not be but in so great inconstancy of Fortune but the Right of the Supreme Magistracy might fall amongst Children or other Heirs unfit to Govern a Kingdom they Ordained That in the mean time one should be Elected Regent who Excell'd the rest in Estate and Counsel Guardians chosen by Parliament the only Security of Kings in Minority and our Ancestors following this way for the space of Six hundred Years have transmitted thereby the Kingdom safe to Posterity So Robert Bruce being dead Thomas Randolph Earl of Murray and Donald Earl of Mar Andrew Murray John Randolph Robert Stuart succeeded singly and sometimes more number are by Parliament chosen into that place So James II. being a child Alexander Leviston being of no Kin nor of the chief Rank of Nobility but only a Knight and of more repute for Prudence then Antient Descent was elected to be his Guardian Neither can there be alledged any want of persons of the Royal Stock to have been the cause of such choice for there was at that time John Kennedy chief of his Family and King James his Nephew by his Sister there were his Uncles James Kennedy Archbishop of St. Andrews Primate of the whole Kingdom in all kind of Vertue and his Brother born of the Kings Aunt Douglass Earl of Angus was not remote from the Kings Blood Archibald Earl of Douglas in Power almost equal to the King and superiour to any of the rest yet did none of these complain of any Injustice in the Parliament for making another choice and not long after four Guardians were given to James III. not taken for the Kindred but chosen by Parliament It was but of late that John Duke of Albin was sent for by the Nobility out of France to moderate the Affairs of Scotland James I. being then a child and was confirmed by a publick Act of Parliament Neither was it done because he was next of Kin for he had an Elder Brother called Alexander But James I. being absent Robert his Uncle ruled the Kingdom And with what Right Was he taken for nearness of Blood No he was chosen by the People Nor so neither How then was he created When Robert III. was so sick in body and mind that he was not able to discharge his Office he made his Brother Robert his Vice-Roy and commended his Children to him So his Brother starved to death David his Eldest Son and sought how to destroy likewise James his Younger had he not escaped by slight But he being now placed in possession of his Tyranny and his Brother dead with grief without Parliament or assent of the People he kept it and by force left it to his Son Mordach c. Buchanan proceeds p. 688. Quid enim minus justum esse poterat quam aetatem innoxiam atque infirmam ejus fidei committere qui pupilli sibi crediti mortem semper expectat optat What can be more injust then to commit the innocent and weak Age to one who always hopes for or wishes the death of the Pupil intrusted in his hands And after he saith Laodice the Queen of the Cappadoceans is related to have killed every one of her children as in order they arrived at fourteen years of age to gain thereby a little more time to reign If a Mother will destroy her Children to get the use of a little time what shall we think will their old Enemies dare yea will they not dare to do inflamed with the Brands of Covetousness to cruelty against a Child hindering their hopes of a perpetual Kingdom If this Example seems old and obscure or far-fetch'd I will add more clear and nearer home For who is so ignorant of things so lately acted as he knows not Galeacius Sfortia though at mans Estate though married and the Son in Law of a Potent King to be killed by Lodowick his Uncle Or to whom are the Calamities unknown which ensued that cruel Parricide the most beautiful Region of Italy brought almost to a Devastation the Sfortian Family The not abolishing Episcopal Laws which pretend to Illegitimate whom they please the sense of the Murder of Edward V. and his Brother so fruitful of valiant men destroyed Barbarians let into the most pleasant Country watered by Po. Against whose Rapine nothing was safe against whose Cruelty nothing was secure Who hath been born in the soil of Great Britain and hath not heard of the cruel Murder by Richard III. King of England of the Sons of his Brother Edward IV A great cause of the murder likewise of these Princes was that Papal and Episcopal Laws were not abolished which pretend to illegitimate whom they please Answ 5 Making a Kingdom hereditary to the eldest Son weakens not the Power of Parliaments And 5. as to the Reason against these Statutes which maketh the Crown hereditary to the eldest Son that the same enervate the strength of Parliaments and without a Contract made by every Prince with a Parliament no Government can be just in regard if he receives not the Kingdom by Contract he assumes it by Conquest which over a Free Nation is unjust To which is answered First that these Acts of Parliament of England and Scotland which entail the Crown to the Eldest Son do no way weaken but confirm and establish the Power of Parliaments and
Exercise of the same for the Publick safety 1 In regard the Entail being made to the Eldest Son by Act of Parliament the same declares that what is given by Act of Parliament may be taken by Act of Parliament and that every former Act inacted may by a latter Act be repealed according to the known Rule Vnumquodque dissolvitur eodem modo quo conflatum est Secondly according to the General Examples of Acts of Parliament amongst which nothing is more common than for later Acts to change the Entails of the Crown made by former Acts. Thirdly This Power of Parliaments is expresly declared by Act of Parl. 13 El. 1. still in force by which it is enacted that to affirm that the Laws and Statutes do not bind the Right of the Crown and the Descent Limitation Inheritance and Governance thereof is High Treason Fourthly All the Reason alledged of the Antient Custom of New Election of the Successor on every Descent is only lest the Eldest Son should happen to be an Infant or otherwise unfit for Government that the Parliament might choose the fittest which here is satisfied in the Eldest Son who is above all exception known to be the fittest who can be chosen Fifthly though this reserve of Power remain naturally in Parliaments to repeal and change former Acts concerning Succession by new Acts when there is just and necessary cause yet it is necessary likewise there should be a praevious Act to mark out the Heir in whose name the Parliament shall be called to declare the Succession or Guardianship if he happen to be an Infant And what if after a King happens to die there happen a Rebellion or Invasion which makes it impossible to assemble a Parliament will it not be a great safety to the People that a standing Act of Parliament hath before hand appointed the Successor to take care of the Kingdoms till he can call a Parliament to give their assistance therein There is nothing therefore can be justly excepted against these two Acts of Parliament of England and Scotland for ascertaining by Law the Eldest Son to be Heir to the Crown The excellency of the two said Acts of Parliament of England and Scotland which ascertain the Succession of the Crown to the Kings Eldest Son But it were a great unthankfulness to the Providence of God to undervalue such Laws whereby all Accidents are obviated Questions and Doubts resolved and Objections answered by so few words as two Lines in each and the Peace of Succession preserved in Great Britain for so many hundred years which in other Empires and Kingdoms cannot be effected without those horrid Murders of Younger Brothers by Elder or Elder Brothers by Younger of lineal Heirs by collateral or collateral Heirs by lineal of Sons by Fathers or of Fathers by Sons whereby Civil Wars Devastations and Ruines of Kingdoms have ensued and that the want of such Statutes or the Breach of them have been causes of these Evils and Enjoyment of them hath been the Cure will I hope appear in the Objections and Answers following Objections first against the not being of the Kings Eldest Son within these Statutes answered Object Obj. 1. That the Lady his Mother was not a Queen therefore the Kings Eldest Son is not within the Statute Answ Statute false translated in the word Queen Answ To this the answer is easie and clear that the word Madame sa Compaigne are falsly translated our Lady his Queen and ought to have been translated our Lady his Companion which is proved by the Reasons following 1. Because 't is manifest sa Compaigne signifies not the word Queen in specie but any Lady Companion in general 2. Because it is manifest the makers of this Act of Parliament intended not to restrain their several meaning onely to a Queen for they knew Royne was French for Queen as well as Roy for King and if they had intended so could have more certainly and easily said Compas le mort nostre Seignior le Roy sa Royne than Madame sa Compaigne 3. Because at the time of making this Statute the famous Black Prince being the Eldest Son to Edward III. was married to Joan Daughter to Edmund Earl of Kent and had Issue by her Richard of Bourdeaux after King of England and none doubts but it was the intention of the King Edward III. who passionately affected his Grandchild Richard that in case the Princes Wife should happen to die in his life time whereby she should not have been a Queen but that notwithstanding if the Black Prince had happened to have survived him which he did not and been King his Eldest Son Richard should have benefit of this Statute 4. It would have been made doubtful by the Bishops who usurped then the Papal Supremacy over Princes of giving or refusing to give them Coronation when they pleased whether the Kings Wife should be titled Queen if the Bishop refused her Coronation Ralph of Canterbury refuseth to Crown Adeliza Queen unless he should first discrown the King as Ralph Archbishop of Canterbury did to Adeliza the second Wife of H. I. unless the Kings would suffer him to pull off the Crown first from the Kings head and new Crown him in acknowledgment that the Supremacy of the Coronation Office belonged to Ralph the Archbishop Bak. Hist 43. Touching which Office of Coronation of Kings and Queens that it belongs to Parliaments and not to Bishops and that David himself was both crowned and anointed by his Parliament and not by the Priest is shewn lib. 2. cap. 1. p. 169 c. 5. The Law of Saxons and Scots that no Wife of a King should be called Queen Because the Title of Queen was then under Envy and doubtful whether not against the antient Law both of England and Scotland the same not appearing to have been repealed by any Act of Parliament Bak. Hist fol. 6. saith a Law was made by the West Saxons that no Wife of a King should be called a Queen fol. 8. that it was so rigorously observed that when Ethelwolph had married Judith the Beautiful Daughter of the Emperour Charles the Bald in honour of whom in his own Court he ever placed her in a Chair of State with all other Majestical Complements of a Queen contrary to the Law of the West Saxons made to avoid the great Expence of Treasure incident to great Titles and Ceremonies and against other inconveniences and so much displeased his Lords thereby that they were ready to have Deposed him but were prevented by his death not long after Buchanan Rev. Scot. 407. takes notice of this Law and says Saxones lege caverunt ne ulla deinceps Regis Vxor Regina vocaretur aut in sede honoris in publico Regi assideret And 406. mentions the like Law in Scotland Quas Reginas alii suo quisque sermone nos Regum uxores appellamus nec altioris fastigii nomen ullum in iis agnoscimus
The Mother of Henry the 3d. pre-contracted when King John Married her So if the World had been so much given to slander the Legitimation of the King 's Eldest Son as it is now here had been a greater Exception against the Succession of the Crown to him than can be now in the least shadow pretended for Isabel being pre-contracted to a former Man was a Woman Prohibited by the Law of God to be Contracted or Married by another Man Yet did neither this nor his Minority nor the amazing Danger of a Foreign Enemy Landed assisted by the Native Nobles possessed of the Royal City and entred into the Bowels of the Kingdom Deter this Wise and Noble Parliament for making use of the Coronation of the King 's Eldest Son Coronation of the King 's eldest Son the best remedy against the Barons calling in the French as the best Remedy against it and to Commit his Guardianship to a Person of Courage and Council they Succeeded accordingly for Louys was beaten in a Battel at Lincoln by the Protector and sending back for Recruits into France which were with great Expedition there provided and sent with a Mighty Fleet which Fleet was likewise met and beaten by the English Fleet at Sea and the Army therein Vanquished by God's great Providence which News coming to the Ears of Lovys made him hopeless of any longer Subsistance here with Safety and thereupon makes a Composition for his passage home abjures his Claim to the Kingdom and returns to France But if Louys had prevailed here wiâ—â— Security had the English Nobles had in his French Oath for within a little while after he had taken it he made spoil and plunder of all he could lay hands on Louys a Papist King breaks his French Oath to the Papist Subjects of England Friend or Foe which made many of the English he breaking his Oath to them to think themselves disobliged thereby from the Oath they had given him and to forsake his Party and more would have forsaken him had it not been for shame of Inconstancy and that he had their Hostages in France whom he would have on their Revolt Destroyed And to shew his Intention of perfecting his Perjury to the height if he could have got Power there was a constant Report and generally divulged concerning the Confession of the Viscount Melun a Frenchman who lying at the point of Death touch't with Compunction is said to reveal the Intention and Vow of Louys which was not only to Destroy the English Nobility but if he could the whole Nation Dan. Hist 148. The like Example is of the French Catholick more properly Papist Faith to the Nobility and People of Scotland Buchan Rer. Scot. Lib. 17. p. 156. where appears The French Papists were called into Scotland by the Scotch Papists to assist them against the Protestants there on Mutual Agreement on Oaths between the Papist of both Nations but when the French Army came they spoyl'd alike both Papist and Protestant And the French Garison at Leith destroy all with Fire and Sword as far as they could reach A French Papist King forsworn to the Papist Nobility of Scotland Clades autem Ex vastatione Agrorum non minus ad Papanos sine discrimine Scotorum Nobilitatem Extinguendam esse in corum autem praediis mille Catraphractos Equites Gallos collocari posse reliquam Multitudinem Servorum Loco habendam id Consilium literis ejus ad Gallum interceptis divulgatum mirum quantum Gallorum odium Jam aliis de Causis natum auxit Ambianus autem Episcopus non modo Romane Cause minus aequos sed etiam Gallorum partibus minus quam ipse Censebat aequum addictos in dicta causa agere rapere truci dare jubebat The Devastation of the Countrey about Leith by the French fell no less on the Papist than Protestant Labross advised that the whole Scottish Nobility was without any Difference made to be destroyed and a Thousand French Barbed Horse to be planted on their Estates and the rest of the Multitude to be kept for Slaves which Council his Letters being intercepted wherein he had sent the same to the French King after it was divulged 't is wonderful how it increased the hatred against the French which for other Causes was already sufficiently begun The Bishop of Amiens likewise without over hearing the Cause Commanded not only those who favoured not the Romish Religion but the French Cause as much as he would have them to be pursued taken by Force and Killed Henry the 3d. a Papist King forsworn to Papist Subjects To return again to England we left where King John having broken his Oath to the Nobility and Parliament being dead the same Oath of preserving the Laws and Liberties was again obtained of his Son Henry the Third who in the Barons Wars wanting Money a Tenth is granted him by the Clergy and a Scutage by the Layity of Three Marks of every Knights Fee yet with this Agreement That the often Confirmed Charter of Magna Charta and Charta Forestae should be again Rectified Confirmed and Sworn to and that in the most Solemn and Ceremonial manner as Religion or State could ever devise to do The Solemn manner of giving his Oath by Henry the Third to confirm his Subjects Liberties The King therefore with all the great Nobility of England all the Bishops and Chief Prelats in their Pontificalibus with burning Candles in their hands assemble to hear and pronounce the Terrible Sentence of by-Excommunication against the Infringers of the Charters and at the lighting of one of those Candles the King having received one in his hand gives it to a Prelate who stood by saying It becomes not me who am no Priest to hold this Candle my heart shall be a greater Testimony and withal laid his hand spread on his Breast the whole time the Sentence was Read which was thus pronounced Authoritate Dei Omnipotentis c. which done he caused the Charter of King John his Father granted by his free Consent to be likewise openly Read in the end having thrown away their Candles which lay smoaking on the ground they cryed out So let them who incur this Sentence be extinct and stink in Hell And the King with a loud voice said As God me help I will as I am a Man a Christian a Knight a King Crowned and Anointed inviolably observe all these things And therewithal the Bells rung out and all the people shouted for Joy Dan. Hist 169. but his Oath came to nothing Henry the 3d. secretly Absolved from his Oath to his Subjects by the Pope for he secretly sent to the Pope for his Absolution from them and the Pope for Money by his Apostolick Sentence Absolves the King from his Oath to his Subjects whence insued great Wars and Miseries in the Land Bac. Hist. 86. and though Magna Charta was in his time granted yet he never kept it but
of his dead Father but his Oath to his Loving Subjects which was his Ruine for his entertainment of French Councels endammaged his English Subjects and his nearest French Relation Isabel his own Queen Persidiously by the help of her Brother the French King raised a Rebellion here of his own Subjects against him which caused him to be Deposed from his Kingdom and shortly after to be Murdered in an hideous manner in Barckly Castle So here are four Kings Great Grandfathor Grandfather Father and Son all Papists all Confirming and Breaking Magna Charta and their Oaths and their Subjects to whom they have broken them have been all Papists Magna Charta no less than Thirty times Sworn or confirmed and forsworn or broken by Papist Kings to Papist Subjects and the same Papist Religion gives no Mutual obligation of an Oath though to Men of the same Religion Yea this Magna Charta of Liberties hath been Thirty times Confirmed by King and Parliament while the Papist Religion lasted which shews the Oath hath been more than Thirty times broken by some or other of their Papist Princes for otherwise it would not need so many new Confirmations and Oaths In the Protestant Religion it is held That once forsworn ever-forlorn In the Papist it appears he is not so thought though Thirty times forsworn but he may still swear and forswear and begin again anew as many times as he will were it not therefore more secure for the Papist himself to Covenant with a Protestant Successor who dares not break his Oath lying under so great a Penalty of Conscience than with a Papist who makes Perjury not to be Penal and whose Religion it self teaches the wicked Doctrine of Lysander that Children ought to be deceived with Promises and Men with Oaths for what Commerce or Humane Society can there be had with those who will keep neither whether they be Kings or Subjects or of what Degree or Religion soever they be 2. Seeing a Papist Successor can be obliged by no Contract or Oath Only two ways of Succession Contract or Conquest therefore he cannot Succeed by Contract And if he Succeed not by Contract then he will Succeed by Conquest for there are but two ways of Succession either by Contract or by Conquest And if he Succeed therefore by Conquest such Power he will say 't is Diis aequa Potestas Deus est Imperator in Coelis and Imperator est Deus in Terris Jure Divino is above all Humane Laws he will therefore be Lawless and no Law shall be but his Will But a Protestant Successor claims only to the Rule according to Laws agreed and assented to by the Subjects themselves by their Representative in Parliament Can any Sober Papist deny it is not better to have his equal Laws than as a Slave to be destroyed at Pleasure by a cruel unjust and lawless Will as they are generally by their Princes in all Catholick Countries Further Examples of the Perfidiousness of Papist Princes to Papist Subjects Henry the Fourth a Papist King forswore himself to papist Subjects HEnry the Fourth was a Papist and a Violent Enemy against the Wicklenite Protestants yet perfidious to his own Papists too as appears Truss Hist fo 73. there are Articles made against him and the first of them is That when he return'd from his Exilement he made Faith only to Challenge and Recover his Inheritance and his Wives and not to intermeddle with the King nor with his Crown by reason of which Oath divers Loyal and good Subjects to King Richard resorted unto him not having any Treasonable intent but after when he saw his Powers so much increased that he might do what he pleased he wickedly brake his Oath and without any Right or colour like Right procured himself to be made and Crowned King Another Article was That no Justice could be expected from his hand because that contrary to the Oath he had taken when he was Crowned he had by Letters sent into sundry Shires thereby procured certain Burgesses of the Parliament Knights of the Shire to be Chosen whom he knew would not fail to serve his turn as occasion should be offered Here we see is a Papist King and Papist Subjects and he takes an Oath to them concerning the greatest Liberty the Subjects can enjoy which is the free Election of their Representative in Parliament yet this Papist King breaks this very Oath not only to his Papist Subjects but to that very party who were of his own party and Crowned him Richard Duke of York a papist Subject forswore himself to Henry the Sixth a papist King Henry the Sixth and Richard Duke of York were both Papists and the Duke of York took his Oath of Allegiance to King Henry After taking King Henry Prisoner He Calleth a Parliament in the King's Name by which Parliament terrified by the Duke's Sword it was agreed and Enacted That Henry during his Life should retain the Name and Honour of a King and that the Duke of York should be proclaimed Heir Apparent to the Crown and Protector to the King's Person his Land Dominions and Countrey And that if at any time King Henry's Friends Allies Favourites in his behalf should attempt the Disanulling this Act that then the Duke should have present possession of the Crown No sooner was the Parliament Dissolved but the Duke by vertue of his Protectorship esteeming himself a King in Office and Power though not in Name dispatcheth Letters to the Queen the Duke of Somerset Exceter and other Nobility who were then in Scotland with all speed to repair to his presence at London they knowing their own Security lay only in keeping out of his Power marched towards him but Guarded with an Army of Eighteen thousand Men and met him at Wakefield who had there but a small Army of Five thousand to oppose them on whose Valour notwithstanding the Duke relying and though advised by his Council to forbear Fight till his Son the Earl of March could bring up his Forces to joyn with him yet the Pride of his former Victoriâ—s make him deaf to good Advice and therefore rashly joyned 〈◊〉 whereby he hasten'd his own Destiny and was Slain on the place with Three thousand of his Men after which Overthrow of the Father his Son the Earl of March and his Confederates having overthrown the Queens Army at the Battel of Mortimor's Cross and fought the Battel of St. Albans and the Earl of Warwick's Forces joyned with him is proclaimed King but before he could be Crowned he was forced to Fight again with another Army which King Henry had raised in the North which Battel continued doubtful with eager Resolution on both Sides the space of Ten hours whereby there were above Six and thirty thousand Men Slain Bak. Hist 203. But in the end the Day fell to Edward and the King flying to Barwick and her Son to France Edward is Crowned King but after Disobliging
Contention and by courting the vulgar seek the secret favour of the Souldiers and afterwards Canton'd out to themselves severally all the Provinces of the Empire Ptolomy seized Egypt and Cyrene Laomedon Syria Phylotus Cilicia Pitho Media Eumenes Capadocia Antigonus Pamphilia Licia and Phrigia major Cassander Caria Minander Pontus and Phrigia minor Leonatus Assyria Seleucus Persis Lysimachus Thrace Antipater Macedonia The other Parts of the Persian Empire being left in their hands unto whom Alexander in his life-time had intrusted them And the reason of this pulling to pieces of the Empire was because as Curtius saith Sine certo Regis Haerede sine Haerede Regin ' Publicas vires ad se quemque tracturum without a declaring in certain of the Heir of the King and of the Heir of the Kingdom every one will catch what he can of the Publick strength to himself and to what purpose but to destroy himself by destroying the Publick For this Division continued not long neither would it have done though they had been all Brothers for every one thinks his share is not equal to his worth when they have no publick Judge to judge equally between them and in the end the greatest part of them by Mutual Wars destroyed one another and left their shares for a prey to their Enemies Clapmarius as to this Destruction ensuing the not declaring of a Successor saith farther Sumo hoc pro arcano Regio adversus Regni Proceres ubi enim Successor in incertò est ibi facile ad pristinum statum relabitur ut olim Caroli Magni stirpe sublata cum postremus Germanorum Rex Neminem adoptasset Regnum momento Devolutum est ad quinquaginta quatuor Imperii Principes Sic Longobardi Mortuo sine Legitimo haerede Cleophonio in Populi potestateni lapsi sunt Et in Polonia post quam stirps Lechi defecisset Comitiis de Constituenda Republica habitis Regnum duodecim invaserunt Nobiles Et rursum cum stirps Craeci defecisset ad eandem Oligarchiam eadem occasione reversi sunt I take this for an Arcanum of Kings against their great Men for where the Successor is not declared in certain a Common-wealth doth easily relapse to its Original confusion As when the Issue of Charles the Great failed and the last Emperor of the Germains had Adopted no Successor the Empire in a Moment fell into the hands of Four and fifty Princes of the Empire So the Lombards Cleophonius their King being dead without Lawful Heir fell into the hands of the People And in Poland after the Issue of Lechus failed there being a Convention of Estates to constitute a Common-wealth Twelve Nobles seized on the Kingdom And again when the Issue of Cracus failed they fell back again on the same occasion into an Oligarchy It Exposeth the Succession of Kingdoms to Sale 15. Danger of exposing the Succession to Sale Buch. Rer. Scot. lib. 7. pag. 206. saith Mackbethus ut Regnum male partum stabiliret potentiores Magnis Largitionibus sibi conciliat securus de Regis liberis ob aetatem de vicinis Regibus ob Mutuas simultates Potentioribus delenitis Populi favorem aequitate parare severitate retinere decrevit Mischiefs of buying Crowns to Princes themselves Mackbeth that he might Establish his ill-got Kingdom binds to himself the great Men by great Gifts being at that time secure from the King's Children in regard they were under Age and from the Neighbouring Kings by their mutual Quarrels one with another having obliged the great Ones he resolved to catch the People with Equity and to keep them with Severity In the time of H. 3. Richard Earl of Cornwall begging the King's Brother and Alphonsus King of Spain Empire of Germany exposed to Sale to Richard Earl of Cornwall and Alphonsus King of Spain were each Competitors to be elected to the Empire of Germany And the Seven Electors were ready to elect him who would give most to Buy it In the end Richard being in Person in Germany and nearest at hand and his Money readiest he is preferred by the Bishop of Ment◠the Bishop of Cologne and the Palsegrave whose Voices he is said to have bought and was thereupon Crowned Emperor at Aquisgrave And to reimburse himself of the great Sums he had disburst and to confirm his Estate he was set on by his Salesmen and Courtiers who expected likewise to have a share in Purchase And proceeded in all Violent and Hostile manner against those who opposed his Election and having consumed himself by excessive Gifts to Buy Suffrages and Assistants and by this Prosecution he came to be again dispossessed and forsaken and with the loss of his Money and contracting Debts besides he was forced to return home to England to his Brother who was then in War with his Nobles Simony in Churches and Kingdoms corrupts Religion and Justice in both Dan. Hist. 174. It were infinite to recite all the Buyers and Sellers of Successions to Kingdoms there having rarely been any Age or Nation wherein the Simony of Churches and Kingdoms hath not been alike common either by the Priest Nobles or Souldiers and corrupted both the Divinity and Justice of both except where an House of Commons hath had an hand in the Actual declaring the Successor when therefore a Successor is not declared by Act of Parliament but left to buy his Right these horrible Mischiefs ensue First To the Prince himself Secondly To the People As to the Prince himself these Mischiefs ensue 1. If to buy a Kingdom he is known to give Donatives or Pensions he raises a greater Party against him than he can oblige for him for if he give a Donative or Pension to one he can oblige only that one but for him disobliges an hundred 2. No Person that receives a Bribe can be obliged by that Bribe because what he doth is for Money and not for Conscience and if any offer him another Bribe he will as readily be for the last giver as he was for the first for the first giver of Money cannot take his Gift from him again And the Mercenary if he hath but half so much giver by the second giver as the first will think he shall be richer with a Gift and half than only with a single Gift Hence it is that Perdurat non empta fides nec Pectora merces Alligat Claudian Bought Faith indures not nor will hire bind The Traitor's heart if greater hire he find And the Roman Mercenaries who were corrupted with great Donatives by one Emperor before he was scarce warm in his seat used to kill him and if a new offered another Donative set up him for the like time till another offered them a new Donative And so they perpetually Murdered them from Generation to Generation It 's true many good Princes have been compelled to buy their Rights and better it were they did so than the same should be taken from them by one that hath no Right but this