From which Place all the Commentators with one Consent conclude That a Royal Power was due to the Eldest Son by Birth-Right and certainly there must have been something more than ordinary due to the First-Born or Esau could never have deserved the Title of Profane Heb. 12.16 which is bestowed upon him by the Author of the Epistle to the Hebrews I know 't is generally agreed to be upon the Account of the Priesthood which together with the rest was due to the Eldest And since we have so clear Evidence for this Right due to the Eldest by Birth as appears from Numb 3. Vers 12. where God declares he had made Choice of the Levites instead of the First-Born to be Priests I cannot conceive why that Prerogative of a Superiority and Dominion over their Brethren should be denyed to belong to them by the Law of Nature too since we have such clear Intimation of it For when Jacob blessed his Sons and told 'em what would happen to 'em in the latter Dayes Gen. 49.3 he calls Reuben his First-Born The Excellency of Dignity and the Excellency of Power Whereby is signified the Right he had by Birth to the Priesthood and Kingdom and Double Portion to which Sence the Chaldee Paraphrase exactly agrees But because of his Sins and Transgressions God had deprived him of 'em the Priesthood was given to Levi the Kingdom to Judah and the Double Portion to Joseph Nor are we to look upon Jacob as taking upon him to dispose of these Things himself but only fore-telling what would in due time by God Almighty be brought to pass and of which they were patiently and cheerfully to expect the Event But when Moses by God's Command delivered the Law to the Jews this Precept of Nature Of giving a Double Portion to the First-Born is there again repeated and enjoyn'd and so made a Part of the Positive and Revealed Will of God who gives this Reason for it because He is the Beginning of his Father's Strength Deut. 21.17 and the Right of the First-Born is his Which way of Expression is never used but when something is commanded which by the Law of Nature they were obliged to the Observation of before And of this Opinion is the Great Selden who sayes 'T is injoyned in such a manner ‖ Selden de Successionibus c. cap. 5. Ac si recepto antea in gentem more subniteretur as if it had been the Constant Practice and Custom of the Nation to observe it before And in this Precept 't is not to be question'd Succession to the Royalty is included for in the †Titulo de Regibus Talmud 't is said Qui praecipuum jus habet in Haereditate is in possessione Regni ideo filius natu major praeferur minori i. e. Whoever has the greatest Right to Succeed in any Inheritance he ought to be Advanced to the Throne and therefore the Eldest Son is alwayes prefer'd before the Younger And accordingly we are told That Jehoram succeeded Jehosophat and the Reason given 2 Chron 21.3 Because he was the First-Born Which would not have been added if upon that account the Kingdom had not been his due And if we take the pains to look into History we shall find the Practice of the World agreeable in preferring the Eldest Son before his Younger Brethren ‖ In Polyphm Herodotus can tell us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That it was the Custom of all Nations for the First-Born to enjoy the Royalty And consonant to this Lib. 2. is what we are told out of Trogus by Justine Artabazanes Maximus natu aetatis privilegio regnum sibi vindicabat quod ordo Nascendi natura ipsa gentibus dedit Artabazanes the Eldest Son challenged by the Prerogative of Age the Kingdom to which by Priority of Birth and the Law of Nature common to all People he had an Undoubted Right I might here produce a great Multitude of Quotations from these as well as other Authors to shew how Universally this Custom prevailed in all Places how generally it was Received But I shall content my self to take notice of the Unanimous Agreement of the great Doctors of the Civil and Canon Laws in this Matter †Ex hoc jure D. de Justit Jure Baldus sayes positively Semper fuit semper erit ut primogenitus in Regno succedat It alwayes was and ever shall be that the First-Born and next of Blood Succeedeth in the Kingdom And herein he is followed with the full Cry of all the Best and Choice Interpreters of both Laws who with one Voice agree That in Kingdoms and other Dignities which are Indivisible without Dis-membring the Eldest Son doth entirely Succeed And this many of them do call the Law of all Nations derived from the Order of Nature and from the Institution of God and Confirmed by the Canon Civil and other Positive Laws Now what hath been said of Primogeniture in Point of Succession to the Crown doth so evidently by Consequence extend it self to Proximity of blood that I shall say no more of it but proceed to Answer an Objection drawn from the Holy writ For say some If this Birthright be so sacred a thing as I have asserted it to be How comes it to pass that so many have been deprived of it How came the tribe of Judah to get the Scepter from Reuben And Why was Solomon advanced to the Throne to the total disinherison of his elder Brethren I answer That those that make this objection never consider that this was all done by the express command of him who ruleth in the Kingdom of men Dan. 4.25 and giveth it to whomsoever he will t is well known that David of the Tribe of Judah was immediately chosen by God himself and appointed to be Ruler of his own People and it was by an express warrant from the same God 1 Chron. 28.5 that Solomon was made his successor as appears from the mouth of David himself 1 Chron. 28.5 And of all my Sons saith he for the Lord hath given me many Sons 1 Chron. 29.1 he hath chosen Solomon my Son to sit upon the Throne of the Kingdom of the Lord over Israel So that these and the like Instances and none other can be produced signifie nothing to the purpose And if we do but impartially weigh the Recognitions of so many several Parliaments as I have taken notice of above we shall find this great Truth openly and fully acknowledged 't is unanimously agreed That the King 's of England come to the Crown not by any Human Right but by the Laws of God and Nature And thus I think I have effectually proved my Two First Propositions viz. That Monarchy Jure Divino Naturali is Founded in Paternity and in the next place That the Crown of England is and ought to be inseparably annexed to the Proximity of Blood by the Laws of God and
were they being at that time in Hungary and having few or no Friends to assert their Right by the Power and Interest of Earl Godwin whose Daughter Edward had married the †F. nigorn f. 624. M. VVestm f. 212. VV. Gemiticens de Ducibus Norman in vit Guliel Conq. c. 9. Confessor as the lawful and next Heir was advanced to the Crown but he good Prince knowing the Right his Nephew had to the Crown sends for him home that after his death he might succeed in that Kingdom which Jure Haereditario ei debebatur sayes one of our most considerable ‖ M. VVestm f. 221. Fl. Wigorn. f. 633. W. Malms c. ult lib. 2. f. 93. ut aut ille aut filii sui succedant regno Haereditario Angliae Historians was due to him by Hereditary Right and if so how could the Government be Elective Nor was there any danger like to accrue to Edward by this since not only the memory of so great an Obligation as this was would keep him from attempting any thing in his Uncles prejudice but if he had any such Design he being so great a Stranger would want a sufficient Interest to bear him out But he dying presently after his Arrival his Eldest Son Edgar was look'd upon by every one to be Heir Apparent to the Crown which all our ** M. VVest f. 221. M. Paris f. 2. c. Historians with open cry tell us was his due by Birth-right nay so commonly was the opinion received that he was vulgarly called Atheling which what it signifies we shall best be informed by an Old English Poet speaking of the endeavours of some Honest and Great Men to have had this Edgar crowned according to Law Justice and Equity in this manner The gode tryewomen of the londe wolde aabbe ymade King Rob of Gloucester The kind cir the young child Edgar Atheling Who so were next King by kinde me cluped him Atheling Therefore me cluped him so vor by kind he was King And since this Edgar had no Title to the Crown upon the Account of any Election but by Right or Blood and Inheritance which are things altogether incompatable with an Elective Government I cannot for my Life understand how any man can find any thing to favour my Adversarie's Opinion And tho' his Party not being strong enough to assert his Right he was put by by ††M. Paris f. 2. Fl. wigorn 633. Harald Earl Godwin's Son yet every Body must acknowledge it was most unjustly done since Harald could neither pretend right of Blood nor Election For it was so far from that that he contrary to the Rights of Holy Church without any Ceremony and without expecting either the Votes of the Nobility or the Assistance of the Prelates he set the Crown upon his own Head nor durst any body gain-say it ‖‖ W. Gemiticens ubi supra For he had a great part of the Land of England in his own Possession but were *** Extortâ fide a majoribus sibi regnum ut iujurias suas acumularet ampliores diadema sine ecclesiasticâ authoritate imponendo asseruit M. P. ubi supra forc'd and compell'd for fear to swear Allegiance to him But at length he met with a just Reward for his Disloyalty losing both his Crown and Life at once to Duke William who had as little Right as he And thus I hope I have made it clearly evident that my Antagonist has been wretchedly mistaken in all his Instances during the Saxons Government and tho' he pretend he pick'd but a few out of the many he could have produced yet without disparagement to his exquisite Discernment I think I may truly say he must have had a great deal better Eyes than my self to have found them and a great deal more Dexterity than I can perceive he is Master of to have by wresting and Wire-drawing the meaning of his Authors made more But tho' he may have had ill luck hitherto in his Undertaking yet perhaps he may succeed better in his Endeavours after the Normans had made themselves Masters of this Island but I am afraid when we come to examine How and in what manner and upon what Grounds the Natural course of the Descent hath been changed We shall find very little reason not still to seem astonished at the boldness of the men who would persuade us that a Link of the sacred Chain of Succession may be broke so often as a Parliament thinks fit For if we look but with an impartial Eye upon the History of those times we shall find that such a course of Succession as I am contending for has been constantly conserved unless diverted out of its duc Channel by some powerful and ambitious Prince who by Cunning Subtilty Artifice and Address and by the Assistance of some Popular Friend has jugled himself into the Throne and tho' we find some of them debasing their Prerogative truckling to and courting the People for their Approbation thereby hoping to strengthen a crack'd Title and make up in Power and their Favour what it wanted as to its Legality I presume no man of even Common Sence can take that for an Election since it ought to be a Solemn Free Sedate and deliberate Act which I am sure none of my Adversaries Instances can pretend to be Besides it seems very strange to me that the Kings of those Times should Intitle themselves to the Crown only from the Consent of the People and that we should no where find mention of * Vicar Generals they are stiled in the Empire Administrators of the Government betwixt the Death of the preceding King and the Election of his Successor since without such a Provision and such a one I am sure there never was the Kingdom must necessarily have run into Anarchy and Confufion especially if the Crown were engaged in a War at the Death of any King which has above once happen'd therefore I think my Lord Coke †In the Preface to his fourth Book of Reports had reason for saying This Kingdom is a Monarchy successive by inherent Birth-right of all others the most absolute and perfect Form of Government excluding Interregnums and with it infinite Inconveniencies But proceed we now to examine his Proofs and first he tells us King William himself being illegitimate yet succeeded his Father in the Dutchy of Normandy and therefore had no great reason to set any great value upon that sort of Title which is derived from Right of Blood But if he had pleas'd to have examin'd the matter a little more narrowly he would have found that ‖ M. Westm f. 208. W. Malmsb lib. 3. f. 95. Arlotte the Conqueror's Mother was afterwards lawful Wife to Duke Robert which subsequent Marriage was according to the then almost univerfally received Canon Law not only sufficient to render him Legitimate quoad Sacerdotium but quoad Successionem too tho' the latter was not allowed of in England
had no other that would carry Water but as false that the former ever did for they as you have seen before founded their pretences upon the sound Bottom of Divine and Natural Law Besides Richard Duke of York challenged the Crown as his just Right before any Act pass'd in his favour nor was it the want of a Parliamentary Title which he stood in need of that kept him off but because he had not Power and Interest enough to assert the justness of his Title and therefore 't is no wonder he deferr'd the making of his Claim so long for to have done it sooner would but have riveted the Usurper more firmly in his Throne But Edward having regain'd his Kingdom as quickly as he lost it left it at his death to his unfortunate Son Edward the Fifth who was soon deprived both of that and his Life by his barbarous inhumane and ambitious Uncle Richard Duke of Gloucester who having persuaded some and forced others to believe or at least seem to believe that all his Brother Edwad's Children were Bastards did by a kind of pretended Election and at the instance of all the Great Men take or rather usurp the Crown But that the mystery of that subtle Transaction may be fully discovered I shall transcribe that Petition and Election as they call it out of the Parliament Roll as much as is necessary and opitomize the rest and then I will leave the Reader to judge how dis-ingenuously not to call it worse tho' according to his Custom this Gentleman would insinuate as if in the midst of their highest flatteries and courtship to him they tell him only of this great and sure Title by Act of Parliament An untruth if he had had the least grain of Modesty he could not have had the confidence to assert but by this time I suppose you know what a man I have to deal with But I hope the Roll will convince him and make him asham'd of his dis-ingenuity * Rot. Parl. tent apud Weâ—im die Ven. 23 die Jan. 1 R. 3. In this Petition and Election but that Election imports not what he would have it I hope will evidently appear from the sequel they set forth the many Grievances and Oppressions the Kingdom groan'd under through the dissolute Government of the late King Edward the Fourth they say farther That the King was never married to his pretended and reputed Queen or if he was that upon the account of a Precontract to another Lady that Marriage was unlawful and ipso facto void and so either way all his Children were illegitimate They say farther That George the late Duke of Clarence being attainted of High Treason and his Blood corrupted by reason thereof his issue are debarred or all Right and Claim to the Crown But the reasonableness and lawfulness of this Position I shall take the Liberty to examine hereafter Over this I give you the Words of the Record in English We consider that you be the undoubted Son and Heir of Richard late Duke of York very Inheritor of the said Crown and Dignity Royal and as in Right King of England by way of Inheritance how then can the Parliament challenge a power of Election in the modern sense of the words and that at this time the premises duly considered there is none other person living but You only that by Right may Claim the said Crown and Dignity Royal by way of Inheritance And then they go on in a most abject way of Flattery to recount his excellent Parts and extraordinary Qualifications for the Government Wherefore say they these premises by us diligently considered we desiring effectually the Peace Tranquillity and Weal-publick of this Land and the reduction of the same to the ancient honourable Estate and Presperity and having in your great Prudence Justice Princely Courage and excellent Vertue singular Confidence have chosen in all that in us is and by this our Writing choose you High and Mighty Prince our King and Sovereign Lord to whom we know of certain it appertaineth to be chosen From whence it appears that what they call Election amounts to no more than a Ceremony or formality of acknowledging their Prince Therefore they desire him as his true Inheritance which 't is impossible in an Elective Kingdom the Royalty can be to accept of the said Crown and Dignity according to this Election of the Three Estates Surely then the King vvas none They add soon after Albeit that the Right Title and Estate which our Sovereign Lord the King Richard the Third hath to and in the Crown and Royal Dignity of this Realm of England be just and lawful as grounded upon the Laws of God and of Nature mind that and also upon the ancient Laws and landable Customes and therefore not upon any Statute but Common-Lavv of this said Realm and so taken and reputed by all such persons as be Learned in the abovesaid Laws and Customes yet nevertheless Here once for all take notice of the true Reason of the Parliaments medling vvith the Succession for as much as it is considered that the most part of the people is not sufficiently Learned in the abovesaid Laws and Customes whereby the Truth and Right in this behalf of likelyhood may be hid and not clearly known to all the people and thereupon put in doubt and question And over this how that the Court of Parliament is of such Authority and the people of this Land of such a Nature and Disposition as experience teacheth that Manifestation and Declaration of any Truth or Right made by the Three Estates of this Realm Assembled in Parliament maketh before all other things most Faith and Certainty and quieting of Mens Minds removeth the occasion of all Doubts and Seditious Language And therefore at the Request and by the Assent of the three Estates of this Realm the King cannot be one that is to say the Lords Spiritual 't is they are one of the Estates and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same be it pronounced decreed and declared That our said Sovereign Lord the King was and is the very undoubted King of this Realm of England c. as well by right of Consanguinity and Inheritance as by lawful Election Consecration and Coronation And since the two latter as all the World knows do give no new right but are only Ceremonies and bare Formalities of State I can see no reason why what they call Election which certainly must not be strain'd to Propriety should be reputed any other because it not only is joyned with the rest without any Distinction but likewise Election in the usual Sence is incompatible with an Hereditary Monarchy such as this is over and over proved to be To all which the King assented in these words Et idem Dominus Rex de assensis dictorum trium Statuum Regni Authoritate praedicta omnia singula Praemissa in Billa