both in England and Scotland sought to dishonour him with the Name of Nothus for by that name Buchanun Rerum Scot. 175. Stiles him and says Praerat omnibus Anglorum copiis Athelstanus Edwardi Nothus And in the same manner other Writers yet was neither the name nor the thing any bar of his Succession to the Kingdom but he was thereto prefer'd before his younger Brother Edmund whom Papal Laws made Legitimate and accordingly he was Crowned by Athelmus Arch-Bishop of Canterbury at Kingston upon Thames And proved after the most Heroick Victorious Prince that the English ever had before the Conquest for he conquered both the Danes and Scots confederated against him and Subdued the whole Island Edward the Son of Edgar Legitimate per Jus Coronae Ethestede for her excellent Beauty sirnamed the White was a Virgin and not Prohibited by Law of God for King Edgar to Marry but he neglected or despised Pontifical Ceremonies and begot on her without them his eldest Son Edward for which Dunstan Archbishop of Canterbury injoyned him seven years Pennance which he underwent for the Fact After Edgar Married Elfrida the only Daughter and Heiress of Ordganus Duke of Devonshire with the Ceremonies of the Church and made her his Queen and likewise Contracted with her That her Children should be Heirs to the Crown and had Issue by her two Sons Edmund who died young and Ethelred who survived him Edgar dies Note here are all the Objections made against the succeeding to the Crown by Edward which are now made and more for here is an Heir by Marriage-Covenant opposed against the Natural Heir Queen Elfrid excepted against the Succession of Edward the eldest Son That his Mother was no Queen nor Wife Married according to the Ceremonies of the Church and that he was therefore Illegitimate That she her self was King Edgar's Queen and Wife whom he Married Solemnly according to the Rites and Ceremonies of the Church and that by his Marriage-Covenants he bound himself That her Children by him should be Successors to the Kingdom That therefore her Son was both the Legitimate Heir and Heir by Covenant and thereupon drew divers Lords to be of her Party and the two Sons are both produced before the Council assembled to demand their Rights But while the Council sate to Debate the same Dunstan Archbishop of Canterbury came in with his Banner and Cross and not staying for dispute of the Title presented Prince Edward the eldest Son as next right Heir to the Crown and their lawful King and the Assembly consisting most of Clergy-Men drew the Approbation of the Rest whereupon Prince Edward was Admitted and Crowned King being but Twelve years old by Archbishop Dunstan at Kingston upon Thames Anno Dom. 975. and so continued till about Three years and Six Months after King Edward Hunting in the Isle of Purbeck not far from Corf Castle where his Mother-in-Law Queen Elfrid with his Brother Ethelred were then Residing he out of his Love to both would needs go to visit them where the cruel Step-mother out of Ambition to make her own Son King caused one to Stab him in the Back with a Knife as he was Drinking a cup of Wine on Horseback at his departing who feeling himself hurt set Spurs to his Horse thinking thereby to get to his Company but the wound being Mortal and he fainting through loss of so much Blood fell from his Horse and one foot being intangled in his Stirrup he was thereby ruefully dragged up and down and lastly left Dead at Corf Gate in Commiseration of which untimely Death he was ever afterward called Edward the Martyr On which may be noted 1. That notwithstanding the Mother of Edward was no Queen Notwithstanding she was never Contracted nor Married by the Rites and Ceremonies of the then Church Notwithstanding Elfrid was a Queen and solemnly Married by all those Rites and Ceremonies notwithstanding the Kingdom was by Marriage-Covenant setled on her Issue by King Edgar Notwithstanding Ethelred appeared with a Company of Lords Competitors Notwithstanding the accompanying of Edgar with Elfred was through Romish Superstition thought so unlawful as not to be Expiated under seven years Pennance Yet the same Archbishop Dunstan who imposed the same on the Father laid none on the Son but he and the Clergy declared him the Right and Lawful Heir by which they did implicitly confess and acknowledge That the Moral Law of God of Marriage and not any Ceremonial Law of Man is the immutable Law which ought to Govern the Succession of the Crown 2. The opinion of the Possession of the Crown to purge all Treason from him who commits it hath been a great incouragement to the committing of the same 3. That Princes disinheriting the Children of the first Wives and entailing their Kingdoms to the Children of the Second destroying thereby their own Houses 4. That none are more Cruel to the Children of the first Mothers than Step-mothers which it seems makes all Poets so out of Charity with them that they never mention them without some odious Epithet of Injustae mala dirae ferae terribiles Novercae and defame them with Stabbing Poisoning and Witchcraft Pocula si quando Saevae infecere Novercae Miscueruntque herbas non innoxia verba Virg. Georg. 2. When Cruel Step-mothers Poys'ning the Cup Add Herbs and Spells for Right Heirs to drink up I find but one kind of Step-mother excepted by Horace as not apt to be Guilty of these Practices which is she that neither brings Portion nor expects Jointure particularly of the Getick Women of whose Chastity and good Nature he thus writes Illic matre carentibus Privignis mulier temperat innocens Nec dotata regit virum Conjux nec infido fidit adultero Dos est magna parentium Virtus metuens alterius viri Certo foedere castitas Et peccare nefas aut pretium mori The innocent and kind Step-mothers there The Orphans Motherless to hurt forbear And not with Portions o're their Husbands rant Helpt by the Gay adulterous Gallant Vertue is Portion great and Chastity Strange man to touch more fearing than to Die 5. That where Marriage by the Ceremonial Laws of Men is preferr'd before a Marriage by the Moral Law of God this makes way for all Murders by Step-mothers of the Children of first Mothers of which see likewise the Example of Roxalana before related at large Lib. 2. cap. 1. p. 245. William the Conqueror succeeded to his Natural Fathers Dukedom his Mother never Married by a Priest in a Temple William the Conqueror was the Son of Rollo Duke of Normandy by Arlotte a mean Woman whom he made Sa Compaigne or Sociam Thalami without any Ceremonies of a Priest or Temple she was a Person how mean soever yet not Prohibited by the Law of God for him to Marry and though some slander her in hatred to her Son as if by some Lightness of hers all such as were of that Trade
making the Crown Hereditary to the Eldest Son answered ibid. Objections against the being of the King 's Eldest Son within the Statute of 25 E. 3. cap. 2. De Proditionibus Page 20. Obj. 1. That the Lady Mother was not a Queen ibid. Answ 1. The Statute is false Translated by the Lawyers and the Scripture false Translated by the Bishops in the word Queen ibid. Answ 2. Proved that the Lady Mother was Madam sa Compaign according to the Moral Law of God which is all and more than is required to be proved by the Statute ibid. Obj. 2. No Marriage according to the Mass-Book in the time of E. 3. nor by the Modern Common Prayer-Book or Book of Canons Page 23. Answ 1. No Marriage by any Book required by the Statute but only a Lady Companion according to the Moral Law of God Page 24. Answ 2. Marriage by the Common Prayer-Book not Necessary in a time of War when both Books of Common Prayer and of Canons were Prohibited and Abolished by the Power of the Sword ibid. Answ 3. The Legitimation of Children by the Law of God and of the Land ought not to be question'd after the Death of either Parent where not Judicially question'd and sentenced in their life-time Vid. Praeface Page 25. Answ 4. Not Necessary for a King who is Supreme Ordinary to Marry by the Common Prayer Book or Book of Canons Page 26. Answ 5. A King who is Supreme Ordinary may dispence with his own Canons and with any thing that is only Malum Prohibitum in his own Marriage but not with what is Malum in se by the Moral Law of God Page 28. Obj. 3. The Lady Mother was not HIS Companion which is the Article of Propriety required by the Statute Page 32. Answ She was HIS and he had the sole Propriety according to the Law of God and the Land Page 33. Obj. 4. There was no Marriage according to the Law of God Page 34. Answ 1. Certain Preparatory Considerations are laid down before the contrary is proved to this Negative By what Law and what Judges shall be judged what is the Law of God by which is after proved here was a Marriage according to the Law of God ib. Answ 2. Of the damnable Effects have followed by the Popish Prohibitions and Nulling of all Marriage not made by a Priest in a Temple Page 35. What is not Marriage by the Moral Law of God Page 39. What is not Matrimony by the Moral Law of God ibid. Answ 3. The Statute requires neither a King De Jure nor a Lady Companion De Jure nor a Son De Jure but only De Facto yet are they all here both De Jure and De Facto Page 40. Dangerous to leave the Succession of a Kingdom on so incertain a word as Lawful yet here both the King the Lady Companion and the Son are all Lawful ibid. Answ 4. A Lawful Successor may be of an unlawful Marriage Page 41. Obj. 5. The Lady Mother was not a Wife according to the Scripture Page 42. Answ 1. The Objection is false and it is after proved she was a Wife according to the Scripture ibid. Answ 2. The Statute requires no Wife according to Scripture but only a lawful Companion yet was she both a Wife and a lawful Wife according to Scripture as will hereafter be proved Page 43. Answ 3. The Bishops have falsly Translated the Scripture in all words relating to Marriage ibid. Of certain Differences between a Wife of the Bishop's making and a Wife of God's making Page 46. Obj. 6. There is no Bishop's Certificate to testifie the Marriage and Filiation Page 48. Answ The Statute requires no Certificate of either ibid. The Forms of Bishops Certificates Page 49. Their Original came from the Priests of Priapus Page 50. Of the Damnable Mischiefs insue from Tryal of Marriage and Filiation by Bishops Certificates ibid. The Certificates of Bishops inconsistent with the Right of Primogeniture Page 58. Of the General Custom of Nations of Successions to Kingdoms by Primogeniture and of the Mischiefs and Civil Wars commonly follow the disinheriting of the Eldest Son Page 62. What is Marriage and what Matrimony de Facto Page 66. What is Marriage De Jure according to the Law of God and of the Nations Page 67. Of the three Lawful Marriages amongst the Romans 1 Usu 2 Confarreatione 3 Coemptione Page 68. Of the three Lawful Marriages amongst the Hebrews 1 Copulatione 2 Coemptione 3 Instrumentis ibid. That Carnal knowledge Chastity and Childbirth between a Man and a Woman not prohibited by the Moral Law to Marry makes a Marriage Lawful Holy and Indissoluble without Banns Licence Priest Temple or any other Ceremony whatsoever Page 71. That the Marriage Coemptione Confarreatione or Instrumentis was not intended by Christ but only the Marriage Copulatione Page 86. An Epithalamium on the Marriage of Nature intended by Christ without a Priest or Temple Page 88. Obj. 7. The King 's Eldest Son is not the Heir intended by the Statute Page 90. Answ Proved he is the Heir both in the Letter and Intention of the Statute ibid. That to compass the Exile or Disinheriting of the King 's Eldest Son is High Treason Page 94. Obj. 8. By the Custom of Nations the Succession goes not to the Eldest Son born when the Father is only a Prince but to a younger Son born when he is a King ibid. Answ This Statute was made to prevent incertainty of this and other Customs and prevent all Cavils and Contentions about Succession by ascertaining the same to the Eldest Son Page 95. Obj. 9. The King 's Eldest Son is not yet declared Prince of Wales or of the Scots ibid. Answ The Statute requires no such thing Page 97. Obj. 10. Illegitimacy deprives of the benefit of the Statute ibid. Answ This Statute declares every Eldest Son of a King Legitimate and Heir to the Crown ibid. The Eldest Son of a King of Great Britain is Legitimate by his Birth-right per Jus Coronae ibid. Examples of the same Jus Coronae in other Nations Page 100. Examples of the same Jus Coronae in the Eldest Sons and Daughters of the Kings of England and Scotland who have thereby succeeded as Heirs to their Fathers Kingdoms on Marriages according to the Moral Law of God without the Ceremonies of a Priest or a Temple Page 102 103. That 't is High Treason for any Subject to slander the King 's Eldest Son with Illegitimacy Page 111. A Comparison of the Popish slanders of Illegitimacy against Queen Elizabeth and the King 's Eldest Son Page 112. A Comparison of the Popish slanders of Illegitimacy against King Edward the Sixth Queen Elizabeth the King 's Eldest Son and the Sons and Daughters of the whole Protestant Clergy Page 114. Of the insolent absurdity of Popish Laws Disinheriting the Lawful Sons of Kings according to the Law of God and inheriting the Bastards of Popes by the Law of the Devil Page 118. CAP. II. WHether necessary in the present juncture of Affairs for the King and Parliament to declare a Protestant Successor to the Three Kingdoms Page
it be said of all the Kings and Queens which succeeded concerning whom any Question of Legitimation was raised as for Example John of Gaunt the fourth Son of Edward the Third because he was a great favourer of the Wicklenites who were in those days most Zealous Protestants was so hated by the Bishops to whom the Doctrine of Wickliff was then terrible that the then Bishop of Winchester John of Gaunt for favouring Protestants falsly slandred by the Bishop of Winchester to be Illegitimate Confessor to his Mother Queen Phillippa falsly slander'd him to make him Illegitimate That he was the Son of a Flemming and not of King Edward though his Mother Queen Phillippa was the most virtuous Wife of a King that was then in the World and to Illegitimate his Posterity by the Lady Katherine Swinford who was a virtuous Lady and not Prohibited by the Law of God to be Married But yet never was Married to him by the Ceremony of a Priest or Temple and by whom he had Issue John Duke of Somerset Thomas Duke of Exceter Henry Bishop of Winchester and Cardinal and Joan a Daughter which Daughter and all her Brethren were sirnamed Beaufort from Beaufort a Castle which he had in France where they were all Born and in regard thereof bare the Portcullis of a Castle for the Cognizance of the Family and these four Children though they were Legitimated by Act of Parliament in the Twentieth year of King Richard the Second and made capable of all Dignities yet by Episcopal Power there was inserted Excepta dignitate Regali which did as much as lay in an Exception so much Illegitimate them to the Crown that Coke says Part 4. fol. 37. Henry the 7th dâ—riveth â—imselâ— from Katherine Swinford 〈◊〉 Maâ—…d by a Priest in a Temple The best Title of Henry the Seventh who derived himself from John de Beaufort Duke of Somerset Son of John of Gaunt by the Lady Katherine Swinford was by Elizabeth his Wife eldest Daughter of Edward the Fourth which Episcopal Opinion of his would not have been taken for Law if he had lived in the time of H. 7. himself who notwithstanding this Episcopal Illegitimation assumed the Title of the House of Lancâ—ster as Legitimate by the Law of God Both York and Lancaster derive the Lines from Persons slander'd to be Illegitimate by Laws of Men but made Legitimate by the Law of God and descending from a Lady not Prohibited to have been Married to John of Gaunt by the Law of God In like manner the Lady Elizabeth eldest Daughter to King Edward the Fourth by the Lady Elizabeth Gray from the House of York claims was declared Illegitimate by Richard the Third because as was allâ—adged E. 4. was praecontracted to the Lady Lucy which Lady Elizabeth was her sâ—lf likewise first promised in Marriage to the Daulphin of France before she was Married to H. 7. yet was she Legitimate and her Issue Legitimate by the Law of God and succeeded United to the House of Lancaster to the Kingdom according to the same Law The same hath been before mentioned of the Lady Elizabeth More her Children by Robert the Second King of Scotland were Born before any Ceremonial Marriage of a Priest in a Temple yet were they all Legitimate by the Moral Law of God Edward the Sixth Illigitimated by Papal Laws but Legitimated by the Law of God the eldest succeeded to the Crown In like manner King Edward the Sixth was declared Illegitimate by the Pope and the pretended Ecclesiastical Laws but he was Legitimate by the Moral Law of God and succeeded to the Crown accordingly Lastly Queen Elizabeth was not only declared Illegitimate by the Pope but by the Acts of Parliament of her own Father H. 8. which is above any Declaration or Proclamation of a Privy Council Queen Elizabeth Illegitimated by Papal Laws and Act of Parliament but Legitimated by the Law of God yet no true Protestant doubts but she was Legitimate by Moral Law of God which is above all Laws and happily succeeded to the Crown according to the Law of God to the Comfort of all Protestants From which Examples and Reasons appears the truth of the Thesis before laid down 1. That the Legitimation and Succession of Kings eldest Sons born of Women not Prohibited by the Moral Law of God was never questioned by any Laws except that of Popes and Bishops 2. That Legitimate and lawful Heirs may be Born of unlawful Marriages 3. That the Moral Law of God hath always been and still is the greatest Security of Legitimation and Succession to the Crown of Great Britain and ought to be prefer'd above all Ceremonial Laws of Men. 4. Next to the Moral Law of God the greatest Humane Security of Legitimation and Succession to the Crown is either a general Act of Parliament as this is constituting and ascertaining the Heir by a General or Special Distinction or Description or when any doubt or danger ariseth by Act of Parliament Declaratory of the Particular Successor or Name That 't is High Treason by this Statute for any Subject to slander the King 's eldest Son with Illegitimacy Though Papal and Episcopal Canons have made their ordinary work to Illegitimate the most Sacred Persons of Protestant Princes who disdain to buy their Mercenary Dispensations Faculties Licences and Pardons of Popes or Bishops and particularly the most Pious King Edward the Sixth and Queen Elizabeth And as is said Jude 8. Defile the flesh despise Dominions speak evil of Dignities yet let them know there is this Statute above all their Canons and Synods will punish their wickedness if they presume to Illegitimate any King of England or his eldest Son it seems on these Reasons 1. Because this compasseth the Death of the King himself his Father for who destroys the Kings Armies or Fleets which should defend him compasses his Death but Non legiones non classes aeque firma imperii Munimenta ac numeros Liberorum Not Legions nor Fleets equally defend a Kingdom as Children And above all Children the eldest Son All which is more authentically expressed by a great King and Souldier Psa 127.3 Lo Children are an heritage of the Lord and the fruit of the womb is his reward as arrows are in the hand of a mighty man so are the Children of the youth happy is the man who hath his quiver full of them they shall not be ashamed but they shall speak with the Enemies in the Gate And likewise as to the eldest Son the Scripture it self magnifies him as an high defence to the Father as Jacob expresseth of his Gen. 49.3 My first-born my might and the beginning of my strength the excellency of Dignity and the excellency of Power And who hath Vindicated His Majestie 's Honour and Safety in Wars abroad and against Popish Plots Assassinations Pistols Poniards and Poisons at home with such Fidelity Affection Zeal Constancy Vigillancy and Valour as his eldest Son And
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
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
under Imprudent to seek to perpetuate Races against Nature Fate and Providence which are irresistible few above So in the Ancient Kingdom of the Egyptians there were above Twenty Dynastyes at the Period of every one of which the Race of that King who began to Rule the Dynastye Either Expired or was Extinguished or Destroyed and it is easie to see how many Races and Names of several Kings have in short time worn out and been changed to new both in England Scotland France Spain c. It is in vain therefore by human Laws to seek to resist the Decrees of God and perpetuate a Race which God hath appointed to Determine Seeing as Solomon saith Eccles 9.11 The Race is not to the swift nor the Battel to the strong neither yet Bread to the wise nor yet Riches to men of understanding nor yet Favour to men of skill And it is said Dan. 4. The Most High Ruleth in the Kingdom of men and giveth it to whomsoever he will Better therefore both to Princes and Subjects is the Counsel of Christ Matth. 6.33 Seek ye first the Kingdom of God and his Righteousness and all these things shall be added unto you Dan. 7.27 Whose Kingdom is an Everlasting Kingdom And as is said Psal 16.11 In his Presence is fulness of Joy at his Right Hand are Pleasures for evermore Answ 1 Answ 1. As to the first Objection That the Brother ought to be preferred before the Son and Liberty left according to ancient Custom to the Parliament to Elect him if he is Judged fittest for Succession And that the Brother is alwaies most fit and more for the Safety of the Kingdom he being alwaies of greater Age and Experience than the Son who may chance to be a Child and more need Tutors and Governours himself than to Govern others As to which part of the Reason of possibility of Minority in the Son I answer First That à Posse ad esse non valet Argumentum And with all due Honour had to the Age and Experience of others the Eldest Son is here no Infant or Minor But hath attained to a higher Maturity and Flower of Age and Strength than Alexander the Great who began at Twenty to Conquer the World and hath shewn already the Highest Proof of Valour in War and Affection to Religion and Justice in Peace Secondly admit it should happen the Eldest Son to be an Infant or Minor as the intention of this Statute is it may which make it notwithstanding his Infancy Treason to Practise against him And though an Eldest Son should be left at the Death of any King an Infant or Minor yet by the Mercy of God the Righteousness of the Title and a standing Parliament During the Minority The Infant and Kingdoms are as Safe as if he were of full Age And more Safe than in the hand of a Collateral Heir of full Age whose Guardianship is most dangerous to a Lineal Heir Answ 2 Answ 2. As to the Reason That it is more for the Fame of Vertue for the Father to have none of his name Than to have his name Lost amongst a Multitude of the same names derived from him to numerous Posterity I shall answer in the words of Buchanan in another place on another dispute p. 406. Quod si de honore unus Et non de omnium salute hic esset disputatio Ego quoque facile ac Lubens ad eorum sententiam accederem verum cum de eo Statuendum sit hodie quod omnium privatorum vitam Et fortunam quod totius Regni incolumitatem complectitur huic uni câ—gitationi omnes Singulorum rationes concedere oportet Answ 3 Answ 3. As to that Reason of the Objection That Periods of Royal Races and Successions to Kingdoms are natural in regard the subject matter is so frail as not to be Capable of Perpetuity and fatal in regard God hath appointed the same by an Immutable Decree and Providential in regard it is often likewise effected by a particular Providence and seeing the Laws by which God Governs the World God governs the World by the Lawes of Nature Fate and Providence are the Law of Nature the Law of Fate and the Law of Providence quae supra nos nihil ad nos they are irresistible and all Human Laws to cause or avoid their effects are in vain To which is answer'd and gladly acknowledg'd That God is pleased to Govern the World by all these Three Lawes First the Law of Nature which is his Decree of Subordination of Causes Secondly the Law of Fate which is his Decree of Co-ordination of Causes to such Ends as to his Wisedom seem best These two are the Greatest Imperial and Immutable Law of the World and against these it is not only folly and a Sin to make Common Laws or Acts of Parliament Not lawful to pray against the Law of Nature or Fate but even to pray Desine fata Deum flecti sperare precando Hope not from Prayers thou Thy Fate from God canst bow Thirdly The Law of Providence which is the Regulation of Accidents which are neither Decreed nor Immutable And this is the Law Paternal Prayers not only Lawful but necessary in matters reserved to Providence by which he Governs all his Creatures sensible of Good and Evil. And as to this Law of Providence human Laws Endeavours and Prayers are not only Lawful in such as are Capable to Pray but necessary to obtain the good and to avert the evil and both these are acknowledged by the Heathen Poets themselves Sed satis est orasse Jovem qui donat et aufert Det vitam Det opes aequum mî animum ipse parabo Hor. lib. 1. ad Lollium Epist Flectitur Iratus voce Rogante Deus Ovid. But if we will take our Limitations of Prayer from Christians they must have alwaies these two That they must be Lawful that is not contrary to any revealed Law or Will of God and likewise be alwaies with submission to his Secret Will The Law Moral a Fourth Law by which God governs the World I Answer therefore That though the Three Laws mentioned are great and wonderful Wages by which God governs the World in general and Successions to Kingdoms in particular yet they are not the only Lawes by which he doth it but there is a Fourth Law as great as any of the former which is the Law Moral the obligation of which is Reward and Punishment which not Improperly may be called a Law Magistratical for as God is the Supreme King and Father so is he likewise Supreme Magistrate of the World and beareth not the Sword in vain And this Law may only be Exercised and the Obligations thereof laid on the most Noble Subjects who are so in Three respects First In regard of their Knowledg as the Law Moral can only be Exercised over the Subjects Sensible and Intellectual What Subjects liable to the Law Moral and
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
him Children both the beloved and the hated Yea it may often fall out That the Children of the first Woman may be first born and elder than the Children of the second Woman yet if the first and the Lawful man hath an eldest Daughter and the second and unlawful Woman hath an eldest Son The Son of the second unlawful and hated Woman shall succeed before the Daughter of the first Lawful and beloved Woman à Fortiore shall the eldest Son if born of the first Woman succeed Primogeniture to be in Marriage though without Ceremonies 3. Though there is no Ceremonial but only the Moral Marriage yet shall the eldest Son of the Moral Marriage inherit For it is not mentioned nor is it that the Woman who brought forth the First born should be first carried before a Priest in a Temple before the Woman who had a younger Son for that would be repugnant to the Law of Succession by Primogeniture and impossible to consist with it and the Israelites never used any such Ceremony or other But used the first Solemnity of Marriage when they used any except Sub Dio where they might see the Heavens in Memory of the Promise made to Abraham Gen. 15.5 That his Seed should be in Number as the Stars 4. 'T is to be observed That not an eldest Son by Fiction of an Husband who was within the Four Seas but the truly first begotten Son shall succeed for the words are he may not make the Son of the beloved first born but the Son of the hated which is indeed the first born so not the eldest Son by Fiction but the eldest Son indeed is here only both expressed and intended 5. That the Right of Primogeniture extends not only to Aliment for that all Children elder and younger Sons and Daughters have an equal right to But the right of Primogeniture extends in private Families amongst the Israelites to a double Portion and in Succession to Kingdoms to the whole For the words in Deut. are A double Portion of all that he hath and the words of Chro. are The Kingdom he gave to Jehoram because he was his first born 6. That the reason why a greater Portion is given to the eldest of what is Superalimentary than to the younger Children is That he is the Chief strength of the Family to defend the Father when Aged and the Children when left in Minority and the Inheritance it self when Invaded by Pretenders The words therefore are for he is the beginning of his strength the Right of the first born is his 7. That the Bishop ought not be witness of the Filiation or Primogeniture of the Son Feminine Popes if any and not Male ought to make Certificates of Primogeniture But the Matter being in the Israelites Countrey the same ought to be testified by two or three witnesses as Deut. 19.15 and more modestly by Faeminine witnesses than Per Papas mares as likewise appears by the Example Gen. 38.27 And it came to pass in the time of her Travail that behold Twins were in her womb And it came to pass when she Travailed that the one put out his hand and the Midwife took and bound upon his hand a Skarlet Thread saying This came out first and it came to pass as he drew back his hand that behold his Brother came out and she said How hast thou broken forth This breach be upon thee therefore his name was called Pharez And afterward came out his Brother that had the Skarlet Thread upon his hand and his name was called Zarah 8. That the Bishop ought not to be Judge of the Filiation or Primogeniture but the Father himself for the words are He shall acknowledge the Son of the hated for the first born which is the Natural Father shall acknowledge or Cognosce him to be his first born 9. That in Countries under Arbitrary Power and the Regal Power not limited by Laws both the Royal Issue and Nobles lye commonly under great Danger of being cut off by new Successors unless they are of the true Religion and fear God 10. That such Successors are often set on to great Cruelties by Idolatrous Wives as appears in this Example of Jehoram who as is mentioned in the Text slew all his Brethren with the Sword and divers also of the Princes of Israel And he walked in the way 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 God 11. That in such Countries where Religion and Laws bear not sway the more Rich and Potent the younger Sons of Princes are made the more danger they incur of losing all 1 Because the Treasury of the Crown is thereby Exhausted and Impoverished as here Jehosophat gave his younger Sons great gifts of Silver and Gold and of Pretious things The great value of which after his Death did but accelerate the Resumption of them by him who succeeded in his Throne and shewed the Truth of what is said by Solomon Eccles 5.18 There is a sore evil which I have seen under the Sun namely Riches kept for the owners thereof to their hurt 2 Because great Military Power is commonly joyn'd with Treasure as here appears Excess of Treasure and fenced Cities left to younger Sons of Princes commonly destroys them Together with the same he gave them fenced Cities both which many times make the Supreme fearful of such Power not only too great to be subject but greater than his own whereas if they had been left what was Moderate below Envy and above Contempt as the younger Sons of the China Emperors are and thereby enjoy more secure and happy fates than the Sons of the Grand Seignior Persian Negus and Mogul ever attain they might probably have lived and though their Brother Jehoram was wicked never had his hands embrued in their Blood Of the General Custom of Nations of Succession to Kingdoms by Primogeniture and of the Mischief and Civil Wars which have followed by Disinheriting the eldest Son Having shewn the Right of Primogeniture in Successions to Kingdoms from the Law of Nature and Scripture the same likewise appears to be generally the Custom of all Nations That the same Custom was amongst the Aegyptians as we has the Israelites is inferred by Lyra from Exod. 12.29 And it came to pass that at Midnight the Lord smote all the first born of the Land of Aegypt from the first born of Pharoah that sate on his Throne unto the first born of the Captive that was in the Dungeon And that the same Custom continued in the times of the Ptolomies appears Justin 16. So was it amongst the Trojans and Hus succeeded to Troyas as Dares to Phrygius in Lib. De Excid Tro. The same Custom of Succession to Kingdoms by Primogeniture was amongst the Persians Syrians Macedonians Parthians Cretans Rhodians Albans Romans Sicilians Goths Franks Tartars Turks English Scots Hungarians Spaniards and French and the mischiefs
fallen on the younger Sons of Jehosaphat by his leaving them overmuch Treasures and fenced Cities to the Diminution and Power of the eldest Son Jehoram 2 Chron. 21.1 2 3 4. Object 6. Queen Elizabeth Refused to Declare a Successor Osburne saith Q. Eliz. why she refused to declare a Suocessor The proposing any thing of Declaring a Successor was so ingrateful to Queen Elizabeth that the moving of the same cost Pigot and Wentmorth their Liberty though they proposed it in Parliament and others Dearer what were her Reasons against it may be partly drawn from Buchanan Lib. 17. p. 603. who saith on an Embassy sent from Scotland to her to desire she would Declare Mary Queen of Scots Successor to the Kingdom of England to which he saith Queen Elizabeth p. 606. answered to this Effect There are many Reasons saith she draw me away from this Transaction Primum quod non ignorem quam sit periculosum hanc movere camarimam ac jure mihi semper abstinuisse videor ne jus Regni in disceptationem vocarem Toties enim jam Sermonibus multorum Jactata est Controversia de Matrimonio justo deque nothis Legitimis Liberis dum pro ingenio quisque aut huic aut illi parti studet ut ego ipsa hactenus ob has Disputationes ad nubendum suerim Cunctatior c. First I am not Ignorant how dangerous it is to move this Contention and I seem to my self most Justly to abstain from Calling a Kingdom in Possession into Dispute concerning the Right for it is so often already Controverted what is Lawful Matrimony who are Legitimate and who are Illegitimate Children according to every man's Opinion and as he favours this or that Party That I my self by Reason of these Disputes have been hitherto more slow to Marry once when I Publickly received the Crown I was Married to my Kingdom and as a pledge of which I always wear this Ring And howsoever these Affairs stand I will as long as I live be Queen of England when I am dead let who hath the best Right be my Successor If your Queen is she I will no way be against her if another hath Right I will not do him wrong If there is a Law against your Queen it is unknown to me for I do not make willingly any curious Inquisition after this matter But if there is any such Law I took an Oath when I took the Kingdom that I will not Change my Subjects Laws without their assent But as to what you have alleadged in the second place That this Declaring a Successor will contract a straighter Friendship between us I rather fear it will sow hatred for do you think that I shall take any Delight to have my Funeral prepared always set before me It is a Peculiar of Kings that they have no friendly mind to Children who by Birth-right claim to be their Successors when they are dead Of what mind was Charles the Seventh the French King against Lewis the Eleventh and he against Charles the Eighth or Francis lately against Henry Of what mind therefore is it likely I shall be against my Neighbour when once Declared my Successor To this may be added what I think of very great weight I know the Peoples inconstancy I know how full they are of the present state of things I know what prying eyes they have into the next Successor The Dangerous Rising Sun is only a younger Brother or a Collateral Heir I know it is natural for more to adore the Rising than the Setting Sun And to omit other Examples I have seen enough in my own Time when my Sister Mary held the Kingdom what Prayers and they make to see me set in her Throne With what eagerness were my Concerns carried on neither am Ignorant to undergo what dangers they would have hazarded if I would have joyned with them according to their desire But now perhaps the same Men have not the same Mind towards me Like Children who in sleep rejoyce for Apples off'red them in a Dream and presently awaked in the Morning when deceived in their hopes Change their Joy into Weeping So they who with great Good will applied to me while I was called Elizabeth and if I beheld any with a more smiling Countenance they forthwith thought with themselves that as soon as I obtained the Kingdom they should be rewarded rather according to the measure of their Desires than of the good they had done me but now when the Event answers not their Expectation many of them would be ready to Change to any state of things so they might but gain a better fortune For no Riches of any Prince though never so great are sufficient to satisfie the insatiable desires of Men. Now if the affections of our People will Languish either for Moderate gifts or any other Light cause what will such Malevalents do if they have a certain Successor to whom to carry their grievances or go themselves when they are angry In what Danger do you think I shall be near so Potent a Prince my Successor to whom how much strength I add so much I take from my own Security This Danger by no Cautions or Bonds of Laws can be averted neither will Princes who fail of their hopes of a Kingdom easily contain themselves within the Bounds of Right and Equity And for my own Part if the world were certain of my Successor I shall never think my Affairs in Safety We see here the very Considerations we are now on of Declaring a Successor is in Debate by Embassador between these two great Queens Elizabeth of England and Mary of Scotland One the Head of the Protestants the other of the Papists in their two Kingdoms Queen Elizabeth was the Lineal Heir to the Kingdom of England to the last Possessor Queen Mary derived her self to be the Collateral Queen Elizabeth as it is before mentioned had been Declared Illegitimate by the Pope and Popish Laws and Canons and by her own Father And a Popish Act of Parliament she was not only Declared Illegitimate but the Marriage of the Lady Ann her Mother to her Father to be void with the Penalty of High Treason added on any who should affirm Contrary to the first or believe Contrary to the latter 1. Therefore it is to be observed That Queen Elizabeth being a Protestant thought it not wise or safe to Declare a Papist for her Successor yet she after Declared King James her Son who was a Protestant her Successor and it pleased God to make him an Happy Instrument to Unite both Kingdoms in the Protestant Religion 2. That she being the Lineal Heir thought it not wise or safe to Declare a Collateral Heir her Successor in her own Life-time Therefore thought she had a great Affection to make King James who was her Godson her Successor yet she forbare to Declare him so till on her Death-Bed she perceived her self past all hopes of having Lineal Heirs
of her own Body but while there was a possibility she might she Declared by 13 Eliz. 1. They should be her Successor and Enacts a Penalty of High Treason against those who should affirm the contrary 3. That Queen Elizabeth doth not think it fit that her Legitimation should be Judged by Popish Laws as she could expect no other would endeavour to be done if she permitted a Contest between her and a Papist What Shall a Virgin Queen be Judged by Laws which as is already shewn came from the Priests of Priapus and Venus Shall a Protestant Queen be Judged and Shot to Death by the Cannons and Constitutions of the Strumpets Theodora Marozia and the Whore of Babylon No she was Judged Legitimate by the Holy Moral Law of God and the Protestant Religion to be Successor to her Natural Father and though he forsook her God took her up and by his assistance the Gates of Hell were not able to prevail against the truth of the same And let any Papist now if he can shew any Reason or Scripture why he should with foul mouth asperse the Legitimation of King Edward the Sixth or Queen Elizabeth or the Kings Eldest Son or why the latter ought not to be Successor as well as was the former and Print the same with his Name subscribed And no question there are Protestants enough will answer him Yea The Interest of a Prince Legitimate by the Moral Law of God and the Protestant Religion to maintain both against Popish Ceremony and Superstition let him prove if he can That 't is not only the Greatest Honour to a Protestant Prince himself but a great Mercy and Providence of God to a Protestant People to offer them such a Prince whom he hath made Legitimate by his own Holy Law and the Protestant Religion and permitted him to be Declared Illegitimate by the Papist unholy Law and Superstition and thereby laid on him the highest Obligation of his own Interest to maintain the Holy Moral Law of God and Protestant Religion against the Popish Ceremonial Laws and Superstition and far worse it had been for the Protestants if Queen Elizabeth had not been made Illegitimate by the Papists then that she was To Conclude a full answer hath been therefore already given the Objection That Queen Elizabeth never refused to Declare a Protestant and Lieal Successor but only such as were either Papist or Collateral Obj. 7. A Protestant Successor will not be equal to Papists who are not only a Considerable but a great and potent Party of the People of the Three Kingdoms Answ This is fully answered already before Lib. 2. p. 401 402 403 c. where it is shewn to be the Interest of the Protestant Religion to abolish all Laws of Recusancy equally which are Penal to the Consciences either of Protestants or Papists except as to Mass Idols and Popish Priests This is likewise answered in the following Reasons wherein it is shewn That not only Protestants but Papists themselves except Popish Priests may hope for greater Security and Happiness from a Protestant Successor than they ever had or 't is possible for them to have from Papist Predecessors or Successors to which I therefore desire to refer Reasons for Declaring a Protestant Successor by the King and Parliament HAving answered all Objections against Declaring of a Protestant Successor I shall now only add some few Reasons for the same arising from the Great and manifold Dangers caused by the Neglect 1. Danger to the Conscience of a Prince 1. The first Danger is to the Conscience of a Prince when he shall give Account to God of the Neglect of so great a Duty to him and so great a Trust reposed in him by the People as to which There is none doubts but every private Father is by his Duty to God bound while it shall please God to lend him Life and Health and before Death with a sudden Arrest hurry him hence to give an account of his Stewardship to make Provision according to his Power for the leaving his Family in Peace after his Decease much more it is the Duty of all Princes who ought to be the Publick Father of their Countries who have so great Account to Give not only for their own Families but for Nations and Kingdoms and all the Wars Murders Massacres and Devastations which by their default shall happen after their Death To provide while God gives them Life and Health for prevention of such Calamities amongst their People and for the Peace of Succession in the Government over them And in the Statute of 35 H. 8. cap. 1. This great Trust Reposed in the King by the People is exprest a Chief Consideration of Declaring a Successor and setling the Succession of the Crown by King and Parliament in these words in the Preamble of the Act viz. Forasmuch as our most Dread Soveraign Lord the King upon good and just Grounds and Causes Intendeth by God's Grace to make a Voyage Royal in his most Royal Person into the Realm of France against his ancient Enemy the French King his Highness most Prudently and Wisely Considering and Calling to his Remembrance how this Realm standeth at this present time in the Case of Succession and poising and weighing further in himself the great Trust and Confidence that his Loving Subjects have had and have in him c. And to the Intent his Majestie 's Disposition and Mind therein should be openly Declared and manifestly known and Notified as well to the Lords Spiritual and Temporal as to all other his Loving and Obedient Subjects of this Realm to the Intent of their Assent and Consent might appear to Concur with thus far as followeth of his Majestie 's Declaration in the behalf and thereupon makes Provision for the Succession of the Crown in the same Act. In like manner it is provided by the Law of Persia as saith Herod Lib. 7. That whensoever the King goeth to War abroad he ought first to Declare his Successor that he may leave Peace at home 2. Danger by the incertainty of the Laws of Succession of the Crown 2. The Danger caused by Incertainty of the Laws of Succession of the Crown and that this is a Great Danger and necessary to be Remedied by a Declaration by King and Parliament appears likewise by the Preamble of the Statute of 25 H. 8. cap. 22. in these words viz. Wherefore we your said most humble and Obedient Subjects in this present Parliament Assembled calling to our Remembrance the great Divisions which in time passed have been in this Realm by reason of several Titles pretended to the Imperial Crown of the same which sometime and for the most part insued by Reason of Ambiguity and Doubts then not so perfectly Declared but that men might upon froward intents expound them to every man's sinister Appetite and Affection after their Sons Contrary to the Right Legalty of the Succession and Posterity of the Lawful Kings and
done with greater gravity And presenting unto him the point of the Sword said Repent thee of thy former wicked Life but especially of the shedding of blood of that notable Instrument of God Mr. George Wischard which albeit the fire Consumed before Men cryes for Vengeance before God on thee And we from God are sent to revenge him for here before God I Protest That neither hatred of thy Person nor love of thy Riches nor the fear of any Trouble thou couldst have done me in particular moved or moveth me to strike thee but only because thou hast been an obstinate Enemy of Jesus Christ his Holy Gospel and so he struck him twice or thrice through with a Stog-Sword and so he fell and never a word heard out of his mouth but I am a Priest fie fie all is gone While they were busied with the Cardinal the Fray rose in the Town the Provost Assembles the Commonalty and comes to the House side crying What have you done with my Lord Cardinal Where is my Lord Gardinal Have you slain my Lord Cardinal They were first answered gently Best it were for you to return to your own Houses for the man you call the Cardinal hath received his Reward and will trouble the World no more But then more inragedly they cry We shall never depart till we see him on which Shewed dead from the place whence he had proudly viewed the burning of Mr. Wischard his Body is shewn dead over the Wall from the place whence he had so proudly fed his Eyes with the burning of Mr. Wischard So hear appears to the full the sad Story of a Pious Protestant Minister betrayed by breach of the Faith of a perfidious Papist to be miserably Burnt and the Judgment of God on him who betrayed and Burnt him And can any Protestant Minister who is so truly in Heart as well as in Name whoever reads the Persecutions under Emperors and the Perfidious Murders by Popes and Papist Princes give Faith again to a Papist Successor Of the Cruelties of Popish Prelates against Protestants It would amaze the most barbarous Nations in the World should they but hear of the Cruelties of Papist Priests towards Protestants yea those Indian and American Nations themselves who are immediatly governed by Apparitions or Oracles of the Devil or Pontifical Magicians inspired by him for we do not hear in History that they burn alive any for difference in Religion or difference in Conscience from themselves nor put them to such Racks or Tortures or to double Deaths of Strangling and Burning or Strangling and Disemboweling for the very Mexican Priests They think one Death not sufficient unless it be double so abhorred for their Butcheries of Sacrificing their Enemies to the Sun do only speedily cut open their Breasts and neither Strangle nor Dismember them The Persians in the height of their Empire though in High Treason did only Strangle and neither Burn Disembowel nor Dismember as appears in the Example mentioned Hist Cap. 2.21 In those days when Mordecai sat in the King's Gate Two of the King's Chamberlains Bigthan and Teresh of those who kept the Door were wroth and sought to lay Hands on the King Ahasuerus and the thing was known to Mordecai who told it to Esther the Queen and Esther certified the King thereof in Mordecai's Name and when Inquisition was made of the matter it was found out therefore they were both Hanged on a Tree Et Cap. 7.10 Haman was Hanged on his own Gallows So the Turk Strangles Offendors so did the Jew but neither Jew Mahometan or Pagan Strangle and Burn or Strangle and Disembowel or Strangle and Dismember or lay two kinds of Deaths on the same Person at the same time but those were Inventions of Papist Priests though to the Dishonour of the Protestant Religion in some of them their Example is too much followed so that Papist Priests against Religion are worse than the Jew Mahometan Pagan yea than the very Indians and Americans the Devil himself for though it may be doubted whether he exceed them in good Nature Truth and Honesty yet 't is clear he doth in Wit not to draw the Infamy of so much Cruelty and Perjury on his Kingdom as they do on theirs Sir John Oldcastle Lord Cobham was Cruelly Burnt by the Papist Prelats In the Time of Henry the Fifth Sir John Oldcastle Lord Cobham was censured by the Bishops at a Synod in London for maintaining of Wickliff's Doctrine which was the Protestant Religion and after in a Synod at Rochester was by the Arch-Bishop of Canterbury pronounced to be an Heretick and the same Arch-Bishop then Enacted by Decree That the Scripture should not be Translated into English But some mark it as a Judgment of God upon him That his Tongue both the Root and Blade swelled so big that he could not long speak the English Tongue with it for the swelling hindred him from swallowing his meat whereby he was at last starved and miserably died In the mean time Sir John Oldcastle Lord Cobham presents his Belief to the King himself in Writing who being then a Papist and ruled by the Bishops they supplying him with great Sums of Money refused it and suffered him to be Condemned for an Heretick and Committed to the Tower of London whence making an Escape The King promised a Thousand Marks to any that should bring him But the Protestant Doctrine of Wickliff was then so much favour'd by the People that he continued 4 years after undiscovered till at length being taken on the Borders of Wales he was brought to London where he was Drawn from the Tower to St. Giles's Fields The Prelates thought Phalaris Brazen Bull not sufficient Torment for a poor Protestant Mrs. Anne Askew first rackt tortur'd and her bones distorted and then Burnt and there Hanged in a Chain by the Middle and afterwards Consumed by Fire the Gallows and all Bak. Hist 177. Another of the Followers of Wickliff was Burnt by the Bishop's Sentence in Smithfield in an Iron Pipe or Butt They thought Phalaris Brazen Bull not Torment enough for a poor Protestant Mrs. Anne Askew a Protestant in the time of H. 8. was Condemned by the Bishops see herein the Romish Episcopal Mercy they caused her one of that weak Sex twice to be so miserably Rackt and Tortured that her Bones thereby was so disjoynted that she was not able to go to the place of Execution in Smithfield whither they had Condemned her but they carried her thither in a Chair and set her to the Stake and cruelly Burnt her Neither doth the Cruelty of these Monsters spare the Innocent Babes any more than the Mothers A Babe Burnt with the Mother The Acts and Monuments relate of a poor Protestant Woman great with Child whom the Bishop had Condemned to be Burnt for an Heretick and whilst she was Burning in the violent Flames the Child miraculously sprang from her beyond the Fire and might
which were Five viz. 1. Don Antonio Son of Lewis second Son of Emanuel 2. Philip the Second King of Spain Grandchild to Emanuel by his eldest Daughter Isabella 3. Philibert Duke of Savoy Grandchild to Emanuel by his second Daughter Beatrix 4. Mary Dutchess of Rarma eldest Daughter of Edward youngest Son of Emanuel 5. Katherine Dutchess of Brigance youngest Daughter of Edward youngest Son of Emanuel Of the Exceptions Declinatory Don Antonio might have made to this Judicatory 1. That 't was no Convention of Estates Elected by the People 2. That the Judges were Elected by the King who became thereby Judge in his own Case for King Henry was only the third Son of Emanuel whereas Antonio's Father Lewis was second Son to Emanuel so he being Son of Henry's elder Brother Henry would be adjudged to restore the Kingdom to him if the Judges were equal and not of Henry's choosing 3. That the Pope and Bishops were inequal Judges they assuming the only Jurisdiction of Marriage and Succession according to the Papal Laws who take Bribes and Sell the Successions of the Kingdom and so become Judges in their own Causes as 't is well known in the Case of the Natural Son of Henry King of Castile who bought a Legitimation of the Pope and thereby excluded his Brother Peter born of a Canonical Marriage after Peter had been admitted to the Throne and acknowledged for King divers years 4. That Pope Julius the Third put forth a Decree against the Promotion of Bastards without the Assent of Don Antonio or the people of Portugal he ought not to be Judged by the Law of a Foreign Prelate who thereby makes himself a Judge in his own Case The Reasons pretended why King Henry 's Judges Adjudged Don Antonio Illegitimate 1. Because he was a Bastard in Reputation but what is this to the purpose what the vulgar think who are Educated and blinded in Popish Superstition and thereby neither understand what Legitimation or Illegitimation means Judges of Legitimation ought to be Wise men and not Fools 2. Because when Pope Julius the Third put forth a Decree against the Promotion of Bastards Don Antonio sued to be exempted and thereby owned his Bastardy and what is it to the purpose what a Foreign Pope who ought to have no Jurisdiction in Portugal Decrees there without the Assent of the People or what Antonio did terrified with the superstitious fear of his Excommunications 3. Because Lewis his Father declared him by his last Will and Testament his Bastard Son To which it may be said That it was Testamentum inofficiosum against the Law of God and against the Law of Nature and void and he himself was therein worse than an Infidel to Illegitimate him whom in the same Testament he acknowledges to be his Son 4. Because Lewis never acquainted any of his Friends with his Marriage nor told his Brother Henry in his Sickness To which it may be said Marriage or no Marriage is a Matter of Law and not of Fact and Lewis being a Papist understood not what it was but according to the Papist Laws which are contrary to the Law of God But 't is manifest he acquainted his Friends and Lewis himself with what was Marriage and what was not according to the Law of God viz. Carnal Knowledge of the Mother with whom he was not Prohibited to Marry by the Law of God and begetting Don Antonio of her besides Henry was no Competent witness in his own Case of what his Brother told him or not 5. Because the witness brought to prove the Marriage of his Mother with his Father Confessed they were suborned thereunto To which may be said These Witnesses prove themselves to be Witnesses Incompetent and are of no value for a suborned Witness will as well Swear false in his Recantation as in his first Testimony It being the common practice of wicked Persons to hire Knights of the Post to testifie at first the same which true Witnesses or other Lawful Probation have proved and after discover they were suborned to draw Suspition on the true Testimony Too much of the same wicked practices have been to dishonour the true Evidence hath been given against the late Horrid Popish Plotters The Reasons alleadged by the other Pretenders to the Crown of Portugal 1. Grandchild by a Daughter and great Grandchild by a Son Couzin German of the first Degree by a Daughter and of the Second by a Son The King of Spain by his Learned Lawyers alleadged against the Dukes of Parma and Brigance that he was Grandchild to Emanuel whereas the two Dukes were great Grand-children and he was Couzin German of the first Degree to Henry the present King in Possession whereas they were only Couzin Germans of the second Degree and so the next Degree of Consanguinity was to be preferred before a more remote Degree and this the Civilians pretended to be a strong Argument in their Law 2. That when John the Base Son of Pedro was Crowned King of Portugal it was to the Injury of the King of Castile the right being in him as having then Married Beatrix the Legitimate Daughter and Heir of Ferdinando King of Portugal Legitimate Son of Pedro and Bastard Brother to Ferdinando Father to Beatrix 3. Because Portugal was given away by a former King of Castile in Marriage with one of his Daughters contrary to the Law of the Land Son of the eldest Daughter of the Son and Son of the eldest Daughter of the Father The Duke of Parma pleaded by Farneso Bishop of Parma That being Son of the eldest Daughter of Edward fourth Son of Emanuel he ought to be preferred before the King of Spain being but Son of a Daughter of Emanuel and therefore he deriving from the Male Line ought to be preferred before him who derives only from the Female Alien and Native Born The Duke of Brigance pleaded his Cause himself and against Spain alleadged the same as Parma did and to Bar Parma who was descended from the eldest Daughter as himself was from the younger Pleaded that Parma was an Alien because an Italian and he a Natural-born Portuguese The Duke of Savoy pleaded his Cause by Charles Renero afterwards a Cardinal but he being descended from a younger Daughter of Emanuel as the King of Spain was from the eldest he was presently excluded as having no colour of Right Besides these Pretenders Queen Catherine of France would have put in her Claim as descended by her Mother from Alphonse but the Claim being groundless they denyed to receive it and so the dispute remained between the King of Spain and the two Dukes of Parma and Brigance But King Henry dying while the business was in hot debate and before he had decided the Controversie the King of Spain making himself Judge in his own Case King Philip Claimed his own Kingdoms from Natural Children but would not allow it in others seized on the Kingdom which he his Son and Grandson
121. Objections against it Answer'd Obj. 1. Declaring a Protestant Successor by the King and Parliament makes a Kingdom Elective and not Hereditary ibid. Obj. 2. Acts of Precedent Parliaments cannot bind Subsequent from repeal Page 122. Obj. 3. Acts of Parliament cannot bind the Power of the Sword from cutting off those Acts by Conquest Page 123. Obj. 4. Declaring a Successor by Act of Parliament incites him to be disobedient and rebellious ibid. Obj. 5. The Ottoman Emperors never declare a Successor Page 124. Obj. 6. Queen Elizabeth refused to Declare a Successor Page 127. Reasons for declaring a Protestant Successor by the King and Parliament with the Great Dangers insue the neglect Page 132. 1. Danger to the Conscience of the Prince ibid. 2. Danger by the incertainty of the Laws of Succession of the Crown Page 133. 3. Danger of the Arbitrary disposing of the Crown by Rome or Canterbury Page 134. 4. Danger of the Predominancy of Papal and Episcopal Laws of Marriage Filiation and Succession above the Moral Law of God and the Laws of the Land ibid. 5. Danger to the King's Person his Lineal Heirs and House Page 135. 6. Danger of Lineal and Collateral Heirs to destroy one another ibid. 7. Danger if the King 's Eldest Son should happen to die before his Father leaving his Heir and younger Children in Minority ibid. 8. Danger of a Successor without Assent of the People Page 137. 9. Danger of a Papist Successor Page 138. A Papist Successor more dangerous to Papists themselves than a Protestant Successor ibid. A Papist Successor or Male utterly Destructive to Protestants and a Female doubly Destructive Page 160. 10. Danger in regard of Foreign Princes Page 182. 11. Danger of exposing Succession to Counterfeit Wills and Testaments Page 190. 12. Danger of incouraging Vsurpers Page 191. 13. Danger in doubtful Titles of Interregnums Page 192. 14. Danger of Cantonizing the Kingdoms ibid. 15. Danger of Exposing the Succession of the Kingdoms to Sale Page 193. 16. Danger of Exposing the Succession of the Kingdoms to Conquest Page 197. LIB III. CHAP. I. The words of the Statute 25 E. 3. cap. 2. De Proditionibus as in the Original French AUxint pur ceo que divers Opinions ont estre eins ceax heurs quel Case doit estre dit Treason et en quel nemy le Roy a le request des Seigniors et Commons ad fait declarisment que ensuist cestassavoire quant home fait compasser ou imaginer la Mort nostre Seignior le Roy Madame sa compaigne ou de lour fits Eigne et Heir The words as Translated by Pulton and Coke into English WHereas divers Opinions have been before this time in what case Treason shall be said and in what not the King at the request of the Lords and Commons hath made a Declaration in the manner as hereafter followeth That is to say When a man doth Compass or Imagine the Death of our Lord the King of our Lady his Queen or of their Eldest Son and Heir The Statutes of Kenneth the Third and Malcolm Mackenneth the Second as related by Buchanan Lib. 6. Rer. Scot. p. 191 196. Adjectae sunt Aliae leges ut quemadmodum Regi maximus natu filius in regnum Succederit ita filio ante Patrem defuncto nepos avo subrogaretur Englished There were other Lawes also added That as the Eldest Son of the King should succeed to him in his Kingdom So if such Son dyed before the Father the Nephew should succeed in his stead to his Grandfather Another Law of Scotland mention'd by Skene Reg. Majest Lib. 2. cap. 33. De Nepote ex Primogenito filio Nepos ex filio Primogenito mortuo jure representationis succedit Avo suo filium postnatum Avi id est Avunculum suum excludit Englished The Eldest Son being dead before the Father the Nephew by the Eldest Son shall in right of Representation Succeed to his Grandfather and exclude any Younger Son of his Grandfather that is to say his Uncle This Law of Scotland was taken out of Glanvil Lib. 7. c. 3. which shews it is the unquestionable Law of England as well as of Scotland and likewise out of the Civil Law L. 3. C. de suis legit Haered l. Posthumorum 13. H. de Injust Testamento c. 33. ex l. 1. § 6. H. de Haered Skene saith further That of this Question between the Son of the Eldest Son and the Uncle Franciscus Vinius Treats at large Lib. 3. Decisionum Decis 501. and he allcadgeth Alciat Cons 101. Bartol in l. post fratres C. 1. de legit haered Bald. Salyc Doctores in l. si viva Mater C. de Bon. Pater The Statute made 10 H. 7. in a Parliament of Ireland called Poyning's Law The words of which are these It is Enacted That all Statutes late made within the Realm of England concerning or belonging to the Common or Publick Weal of the same from henceforth be deemed Good and Effectual in the Law and ever that be accepted used and executed within this Land of Ireland in all Points and at all times requisite according to the Tenor and Effect of the same Coke saith 4 Part 351. That Hil. 10. Jac. Regis it was resolved by the Two Chief Justices and Chief Baron that this word late in the beginning of this Act had the sense of before so that this Act extended to Magna Charta and to all Acts of Parliament made in England before this Act of 10 H. 7. And by the same Reason extends to the Statute of 25 E. 3. cap. 2. De Proditionibus on which this Discourse is founded from whence will be after proved these Conclusions Conclusion 1. This being granted That if the Eldest Son had happen'd to Die in the Life of his Father the Eldest Son of the Prince who died should have Succeeded Jure Representationis of his own Father as Heir Lineal to his Grandfather and excluded the Grandfather's Younger Son who is his Uncle à fortiori must it be granted that if both Grandfather and Father die the Eldest Son who is the Grandchild Surviving he ought to exclude his Uncle for he now comes in Jure proprio which is a greater Right than Jure representationis and if the less Right exclude the Uncle much more must the greater Conclusion 2. When the Right of the Crown shall actual descend from the King in Possession on the Eldest Son in Possession who is the next Lineal Heir of his Blood then is the Son Actually King both De Facto and De Jure as was his Father who died in Possession of the Kingdoms And therefore all the forementioned Acts of Parliament and Common Laws of England Scotland and Ireland and the Imperial Laws with them unanimously declare It will be