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A28440 King William and Queen Mary, conquerors, or, A discourse endeavouring to prove that Their Majesties have on their side, against the late king, the principal reasons that make conquest a good title shewing also how this is consistent with that declaration of Parliament, King James abdicated the government, &c. : written with an especial regard to such as have hitherto refused the oath, and yet incline to allow of the title of conquest, when consequent to a just war. Blount, Charles, 1654-1693. 1693 (1693) Wing B3309; ESTC R23388 40,332 68

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Majesties K. William and Q. Mary had a just Ground of War with K. James This hath been endeavoured to be made good from K. James's assaulting and labouring to subvert the Fundamentals of our Constitution which the next Heirs are supposed under obligations of preserving or securing And by passing it over I do not mean to intimate that it is not a good Argument But I shall at this time argue from another Topick which I believe more likely to give satisfaction to the Persons I am dealing with and that is K. James's imposing an Heir to the Crown upon their Majesties and these three Kingdoms Or if not that at the least his carrying of 〈◊〉 so darkly as gave just Ground of Suspicion that he had done it and his refusing to give any reasonable Satisfaction or Proof of the contrary Now for the clearing of this I shall do these two things 1. I shall lay before the Reader some of the many suspicious Circumstances that were previous to this pretended Birth And 2. The much more suspicious Circumstances of it From both which laid together it will be undeniable that there were just Grounds of suspecting foul Play And then that the late King did not give any reasonable Satisfaction under these Suspicions or sufficient Proof of the contrary will appear when I come to answer Objections As to the suspicious Circumstances both preceding and accompanying the Queens pretended lying-in I shall not critically insist upon them nor spend much time in enquiring after and aggravating every Particular For seeing such as this Discourse is intended for are no Strangers to them a Disquisition of that Nature is needless on this occasion And yet it is necessary that I mention some of them in order to my Design of proving that there were just Grounds of suspecting an Imposture As to the suspicious Circumstances previous to this pretended Birth I desire the Reader will call to mind and impartially consider these following 1. That all the Children born of Q Mary before it dyed young and that it was generally said and reported to be the Opinion of the Physicians too That their Majesties could not have a Child that should live for any considerable time and that for a very probable Reason not to be mentioned out of Respect to a Crowned Head once my Sovereign and so nearly related to their Present Majesties 2. The consecrated Linen sent to the Queen just at the time before her supposed Conception deserves to be considered The Story was generally said to be true and never that I know of contradicted Now however this might be intended as an Artifice to make some People believe that it availed their then Majesties by working powerfully upon their Fancies or to make others more Superstitious believe that it supplied them with Strength and Vigour as the Reward of their Faith or Confidence in the blessed Virgin yet wiser Head● who have no great Faith in the Miracles of that corrupt Church and are no Strangers to her holy Cheats will look upon it to be no other than a well timed Trick to make People expect an Heir to the Crown just at the time when they had resolved one should be born 3. That her Majesty had two different Reckonings For altho this of it self be no extraordinary matter yet being attended with other suspicious Circumstances it looked as if the Intriguers were provided of several Women who would fall in Travail at several times that so if the Children born at her Majesty's first reckoning should prove Females that could not inherit before the Princess of Orange they might have other Chances for it at the other Reckoning 4. 'T was notoriously suspected that the Queen was not with Child at all during the time that she pretended to be so b●cause it was otherwise with her than it is usually with Women in th●● Condition And of these Suspicious their then Majesties and the Court were not ign●nt For i● was common Talk and Lampoons slew about ridiculing their Majesties and the pretended Royal Embryo Insomuch that Menaces were published and Rewards promised to any that would discover the Spreaders of such Reports and the Authors and Abettors of such Libels 5. What serves to add great Force to all th●se other Circumstances is the absolute necessity of a Male-Child that should be believed to be Heir Apparent to the Crown This was necessary 1. for the perfecting of that good Work that K. James who was in Years might reasonably be feared to want time to finish I mean the setling of the Catholick Faith in these Kingdoms especially in England This Nation hath long been averse to that Religion and jealous of its return but never more than in the late Reign and therefore this was not like to be the business of a day no nor of a few Autumnal Years 2. Because all this was so well considered by those who are guided chiefly by their Interest in the choice of their Religion who are commonly the far greater numb●r that they made no haste to come over For to what purpose was it for Knaves to turn Papists when they might in Reason expect that was not like to be long a thriving Religion But let them but see a Prince of Wales and then well were he that could first declare himself And when Mens interests had once prevailed with them to declare themselves Papists they would likewise engage them to do all they could to introduce Popery or to maintain it when it was introduced So that you see it was highly conducing to the good of the Catholick Cause as they call it that there should be a Prince of Wales either Real or Pretended And when a Man considers the s●●ming Zeal that the late King had ever shewn for it the mighty Hazards he had already run and was still running and the Pains he was taking to introduce it and what a glorious Piece of Self-denial it would be to disinherit his own Children for the sake of it and for how many Sins it would compensate I say when a Man considers this Temper in a Prince not over apt to look a great way before him managed to the height by subtle Priests many of which were of the most cunning intriguing Order of Men in the whole World he will conclude that greater matters than this in Question would not be stuck at when conducing to this glorious end And when he joyns hereunto the Consideration of the concurring suspicious Circumstances already mentioned and several others that may probably come into his Mind he will be very apt to fear a Trick But it will be said here are only Grounds for violent Presumptions but none for concluding It might be a real Prince still and consequently here was no just cause for the Prince of Orange to draw his Sword and drive his Royal Father out of his Kingdoms This is more than ought to be granted from bare Circumstances however suspicious they were I grant it is so and it is more
his Royal Highness the Prince of Watos Of all which a particular Relation was published by the King's Order and this ought to have satisfied the Prince and Princess But I answer This was not reasonable Satisfaction for 1. It was not as it ought to have been the Satisfaction that the Prince desired 2. Nor was it sufficient in it self 1. It was not as it ought to have been the Satisfaction that the Prince desired He had just cause to suspect a Trick as hath been proved and therefore it cannot be denied but that he ought to have had the Privilege of chusing how he would have the Truth found out provided the Method he pitched upon were possible and reasonable Now it was both for he offered to refer the Matter in dispute to a Free Parliament The King might have called a Parliament had he pleased and have made it Free so that it was possible And who might more reasonably judg of the Matter than a Parliament The King and Prince were too much Parties to be either of them Judges And who then so fit as the Nation 's Representatives to decide a Controversy about the Succession Had not they formerly been the usual Umpires in parallel Cases And if they might not be so in this I know no other but the Sword For 2. The Satisfaction that the King gave by examining Witnesses was not sufficient in it self 1. Because few were called to the Queen's Labour but such as were either Papists or obnoxious to the Laws or absolute Creatures of the Court And the few disinterested Protestants that were there were not able to speak home to the Matter in question 2. The Witnesses were under too great an Awe to have their Evidence accounted free they were all the King's Subjects and his Majesty had all along before and did at that instant shew himself too passionately concerned to have it believed a Genuine Prince Had the King himself desired Satisfaction or but stood Neuter they might have been supposed to speak freely But it was quite otherwise for besides what he had done before to discourage all such as were dissatisfied there is one material Circumstance previous to the Depositions of the Witnesses which hath not as yet been taken notice of in Print that I know of that deserves to have a particular Remark set upon it and it is this Before the Examination of any one Witness his Majesty was pleased to express himself to this purpose I would have set down his Words but that I could not procure the Depositions however I believe I shall not vary from the Sense in any thing material to my present Design I was always with the Queen during her Bigness I constantly lay with her I could not possibly be imposed upon I knew her to be with Child And therefore if there were any foul Play I must needs be a Party to it And having said this he bids the Withesses speak their Knowledg Which was as much as to say Is there ever a Person here that dare accuse me of the greatest Folly and Injustice in the World Come tell me Am I your Soveraign guilty of this unnatural Villany Or have I so little common Sense as to be imposed on in a thing of this Nature I use these Expressions because his Majesty afterwards used them I confess I lay great Stress upon this and think this one Circumstance enough in all Reason to set aside all that was then sworn and make it go for nothing Indeed had the Prince been there as well as the King with a number of Guards equal to his Majesty's and the two Armies at equal distance as the Prince required in his Answer to the Lords sent by the King to adjust Preliminaries in order to the holding of a Parliament and consequently able to have protected any that should have given Evidence on his side as well as the King was to protect those that gave Evidence for the Party he was pleased to espouse all this had been no great matter But that the King should express himself in this Sense and with so much Warmth when he alone was present able to crush any Man that should offend him and the Prince with his Army on the other side the Sea is I think such a mighty Prejudice against all was thereafter sworn at that time that no wise Man will much regard it but will conclude that the Prince had still reason to adhere to his first Demand of having it lost to a Free Parliament He did so First he signified his Dissatisfaction in these Words There are great and violent Presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves more time for the effecting of them for the encouraging of their Complices and for the discouraging of all good Subjects have published that the Queen hath brought forth a Son though there have appeared both during the Queen's pretended Bigness and in the manner in which the Birth was managed so many just and visible Grounds of Suspicion that not only we our selves but all the good Subjects of those Kingdoms do vehemently suspect that the pretended Prince of Wales was not born by the Queen And it is notoriously known to all the World that many both doubted of the Queen's Bigness and the Birth of the Child and yet there was not any one thing done to satisfy them or to put an end to their Doubts Then he declares for a Free Parliament and saith To this Parliament he will also refer the Enquiry into the Birth of the pretended Prince of Wales and of all things relating to it and to the Right of Succession But is K. James likewise willing to stand to their Determination No he is so far from it that whereas immediately after notice of the Prince's intended Expedition he endeavoured to wheedle the Nation with hopes of a Parliament by his Proclamation of September the 20th and did issue out Writs accordingly Having received more certain Intelligence of the Prince's coming he recalled the Writs by his Declaration of the 28th of September and could never be induced to consent to a Parliament until the Prince should be driven out of the Nation And how could a Parliament then have been Free or with what Freedom could they then have enquired into the Birth of the Child However in this fatal Resolution he persisted to the last And what was this but to decline the Decision of a Parliament and to put it to the Sword All his Proclamations are in pursuance of this Resolution And from it not the seasonable Advice of the Bishops nor the earnest Petition of several Lords both Temporal and Spiritual presented to him by the two Archbishops and the Bishops of Ely and Rochester nor the rising of several Bodies up and down the Nation who all declared for a Free Parliament can divert him But down he follows a
For both these suppose Men are obliged to be undone for no Reason and to no End Nor are we bound to be undone at the present in hopes that hereafter his late Majesty may recover his Throne For another Reason and indeed the chief why such a Conquest as we now speak of gives the Subject a Right to transfer his Allegiance is Because the ejected Prince cannot be restored without the very great Misery if not the utter Ruin of his Country But of this I shall say more in answer to the next Objection to the which I now proceed 4. It must not be dissembled that some are of an Opinion that it is no Conquest or rather that no Right to a Crown is acquired by Conquest without either the Death or at the least the Cession of the vanquished Prince And since this is a Scruple that mainly sticks with some that refuse the Oath I will give as full an Answer to it as I can Cession is either voluntary or forced The former of these is the same with voluntary Resignation and has no place here For whatever Prince being conquered resigns his Crown to the Conqueror it is against his Will it is not to be thought a voluntary Resignation The latter I think sufficient to give the Victor a Right to a Crown and to give the Subject a Right of transferring his Allegiance to him but I believe a great many are of an opinion that such a Resignation or Cession will bind the vanquished Prince no longer than he is under Force or Necessity For has it not been frequently said That whatever Promises a Prince makes for fear when under Force or for the gaining of his Liberty are all void as soon as the Necessity ceases Thus Francis the First King of France being the Prisoner of the Emperor Charles the Fifth bound himself by the Concord of Madrid solemnly swore to That when at liberty he should perform divers Conditions and amongst the rest restore the Dutchy of Burgundy not withstanding any Decrees of Parliaments Pretence of the Salique Law or other Claim whatsoever or else return a Prisoner to Charles And at their parting when he was dismissed Charles demanded of him If he well remembred all that was capitulated bet wixt them Francis answered Yes for further Confirmation repeating the most particular Articles Charles then demanded Are you willing to perform them Francis answered again Yes adding He knew no Man in his Kingdom would hinder him And when you find I do not keep my Word with you I wish and consent that you hold me for Laschs and Meschant By this Account it is manifest that Francis bound himself as falt as a King under restraint could and yet afterwards in a Cartel sent to Charles he thought it a good Excuse to say That no Man under Restraint can plight his Faith It is true the same Historian adds that this Answer was generally not approved of but yet he also says that if he had excused his not returning by his being a Publick Person and had said that his Obligation by Oath when he was crowned unto his People and Kingdom was a greater Tie than that of his particular Honour And together had alledged That he could not obtain their Consent either to perform his Promise for Restitution of Burgundy or to go single out of his Kingdom it was thought by some he might have vindicated himself in great part and even laid some Imputation on Charles for demanding things impossible to be performed The same Account as to the Substance of it is likewise given by the French Historian although he gloss over the matter as well as he can and he makes much what the same Excuse for Francis So that some for one Reason and some for another have been of opinion That whatever Promises are made and Engagements entred into by Kings under Force are not binding when they are at liberty and consequently if a Prince in such a Condition shall resign his Crown he may whenever he finds an Opportunity re-assert his Right and the Subject will be bound to assist him against the Victor So that the Cession of the Prince conquered will give some Men as little Satisfaction as his being reduced to such a Condition as to be unable to help his Friends gives those that pretend they would be satisfied with such a Cession As to those that would be satisfied with the Death of the conquered Prince although he should not resign his Crown but will be satisfi'd with no less the necessary Consequence of their Opinion is That one Prince must never take another Prisoner nor give him leave to escape if he aims at his Crown because while he is alive he can have no Assurance of the Subjects Loyalty And such Protestants as are of this Opinion must say That had K. William dispatched K. James when he was in his Power he had likewise dispatched all their Scruples nay and they will be tempted to wish he had done so How kindly K. James will take it I know not But I am perswaded if it ever is in his Power he will reward them for it partly after the same rate as for their other Services Having thus shewn my Reader some Inconveniences that seem to attend or follow from the Opinion that the Objection supposes to be true I now proceed to a direct Answer K. James is still alive and has not resigned his Kingdoms but has escaped out of the Victor's Hands who as soon as he was possessed of his Dominions required an Oath of Allegiance of the Subjects who have generally submitted and accordingly sworn Allegiance K. James in the mean time is in such a Condition and has been ever since his Flight that he is not able to protect those that refuse the Oath but their Lives and Safety are owing purely to the Mercy of the present Government The Question is Whether may those that have hitherto refused the Oath now suppose both their late King and themselves to be as to all the Ends of Government in the State of Conquest and so take the said Oath and pay Allegiance to K. William and Q. Mary Or on the contrary are they still to believe it no Conquest and consequently to adhere to K. James Now when I say K. William and Q. Mary conquered K. James I do not mean nicely to consider the Meaning of the words Conquered and Conquest Nor to determine whether or no a Man may properly be said to be conquered who although he be fled away yet lies at all Advantages seeking for Opportunities of fighting with those that have brought him to this Necessity These are Niceties not necessary to be discussed at this time All I mean by it is That their Present Majesties have on their side the great Reason that makes Conquest a good Title and without which it would not be a good Title And if this appear to be true certainly it is in all reason sufficient for
against him amounts as to Matter of Right to a Conquest over him it must follow that they have acquired as great a Right against him as ever any Conquerors against such as they have vanquished and that is to all they can get the possession of In many Cases Conquest will justify the Subjects in transferring their Allegiance to the Victor when he had not a just Quarrel against the Vanquished although in such a Case the Victor sins in accepting of it But now in the Case of a just Quarrel both the Conqueror and the Subjects are justified the latter in transferring their Allegiance and the former in accepting And the Reason is plain When a Prince refuses to give Satisfaction to an injured Neighbouring Prince he puts the Matter to the Decision of the Sword For Princes have not like Subjects Courts of Law to implead each other in where the Injured may try their Cause and recover their Right Their Sword is their only Remedy nor can they have any other Redress than it gives And he that has once injured his Neighbour gives him to understand how he will use him if he overcomes him that he will follow his Fortune and extort from him all he can And therefore if he himself is overcome the same Measure may justly be meeted out to him Nor must it be said that the Conqueror in such a Case gains a Right only to what he demanded before the War for that was his Due before the Hazard and Expence of it and he is not only to be satisfied for that first Injury but also for the Hazard his Enemy has unjustly made him run and the Expence he hath put him to and he has Reason to be very well paid for both Nay as his Enemy hath unjustly made him run the Hazard of his own Life so has it always been understood that if afterwards he comes into his Hands he forfeits his Life in lieu of it And if so then if he escapes either with or without his Leave yet must the Victor have a Right to all of his that he can get possession of I grant what Grotius saith that in many Cases a Prince should be so merciful as not to make use of his Victory with Rigour but to accept of moderate Satisfaction and to take from the Vanquished nothing but the Power of Injuring as he cites it out of Crispus Sallustius But what if the Vanquished will rather give up or desert all than be abridged of that Power Was i● not so in the Case we are speaking of And what shall the Victor do in such a Case Certainly he should rather take all than leave the Vanquished still the Power of injuring For I assert what Grotius also grants that the Right I plead for is acquired and may be made use of Quatenus fert aut poenae nascent is ex delicto aut alterius debiti modus and that in using of a Victory all Circumstances are to be considered It is one thing to say a Man hath or hath not a Right and another to say Humanity or Christianity obliges him either to make use of it or not to make use of it A Man has a Right to every Penny of his Estate and if he will not give any thing to a poor Man he doth not injure him But yet may he be obliged upon the Score of Humanity or of Christianity to give largely And yet some Circumstances may free him from the Obligation of giving to that particular Man by laying greater upon him as in case his Father or other near Relation be fallen into such a Condition as to want every Penny that he can spare Or if that be the very Condition of his King or of his Country In such a Case he is excused from giving to that poor Man although in Want So here a Conqueror gains as I have said a Right to all of the Conquered that he gets possession of but yet it is a Point of Humanity and which is more of Christianity not to make use of his Fortune rigorously in ordinary Cases but still there may be Circumstances that free him from these Obligations yea and that do so alter the Case that it becomes a Point both of Humanity and Christianity to do it And that must be if ever when the Publick Good requires it when to leave the Vanquished the Possession of his Dominions would be to their apparent great Hurt and much more when it would also be to the Detriment of a considerable part of the World and to the Interest of the true Religion In such a Case the Conqueror not only may but ought to stand upon his rigorous Right against the Conquered yea although he be obliged to him in the strictest Bonds of Nature to speak plainly although the Vanquished be the Victor's Father For whatever Women or Children may think I hope no wise Man will say that a Man's Obligations to his Father are such as that for his single Interest he ought to do an Act highly prejudicial in its Consequences to the Good of a Kingdom to the Civil Rights and Liberties of Europe and which ought to weigh most to the Interest of the true Religion It is true I may not for all these put together do an Act in point of strict Right injurious to my Father or to any Man else For I may not do Evil that Good may come of it But I may go as far for the sake of these as strict Right will allow of and ought not to shew Favour or Kindness to any particular Man no not to my Father when the doing of it would be Cruelty to so many Millions Natural Affection is an indispensable Duty and is owing in an especial manner to a Father but it must not be indulged in this Instance for that would be against Reason that is against Nature I add that to ease a Man of the Cares that attend a Crown and reduce him to a private Life when at the same time you take from him the Power of oppressing and the Temptation to it is no such great Harm to a Man if he has but Philosophy enough to conquer his own Temper But some may say We grant the Prince and Princess had a just Quarrel against King James and conquered him And we also grant that Conquest would have been in this Case a good Title had it been stood upon But they have lost that Right for want of claiming and by leaving the Matter to the Determination of the Convention They did not as they should have done ascend the Throne as Conquerors but suffered themselves to be elected and made Soveraigns by the People So that they have now no Right of Conquest because they have receded from it 1. Although they should not formally insist upon that Title with the Subject yet it is not therefore destroyed When a Prince gains a Crown by Conquest and has other concurring Titles that I like not I think I may swear
out as appears by his many gracious Concessions at that time and especially to name no more by his passing the Bill for the Continuance of the Parliament not to be Prorogued or Adjourned but by Act of Parliament 3. If he would make any use of his Success it should have been to the Good of the Nation as settled under her lawful Prince But what had he and his Creatures to do to dissolve the Government especially to usurp the Supreme Power himself since he got it not either by the Consent of the King or of the Nation both which had been in his Case necessary A great deal more might be said to shew the Disparity between that and our present Settlement but I refer the Reader to Dr. Sherlock's Case of Allegiance due to Sovereign Powers where he will find the Prejudices raised from the Rump Parliament the Protector and the Committee of Safety removed Nor doth my asserting their Majesties Right acquired by Conquest at all thwart the Determination of the Convention viz. That the late King James Abdicated the Government and left the Throne Vacant For that the late King was Conquered and that he Abdicated the Government are not inconsistent It was by his own fault that he fell into such a Condition as that he thought it unsafe to stay in England yea and even to the last if he would have consented that the Ends of the Prince's Declaration might have been gained he needed not to have left us And since he rather chose to go away than to do Right either to Us or the Prince and did so without deputing a Vice-Roy what was this but to Abdicate us For certainly if a Prince rather chooseth to desert his People than to do what is just and reasonable when that and no more is made the Condition of his continuing with them he may be truly said to throw up the Government and to leave them to shift for themselves But of this enough That Vote of the Convention and the Methods of settling the Government thereupon taken have been justified by other Pens and the doing of it is not now my Province But then since it was the Success of the Prince's Arms that made him go away or rather since he would not have gone away had it not been for that Success it might be a Conquest too and I think I have proved it to have been so in the Sense I have explained my self that is it had attending it the principal Reasons that make Conquest a good Title and that is enough for our Satisfaction SECT IV. Concluding with some necessary Consequences of the three foregoing Propositions I Must now draw towards a Conclusion I hope I have proved my three Propositions 1. That King William and Queen Mary had a just Quarrel against King James 2. That they conquered him And 3. That Conquest is in this case a good Title I am sure I have offered nothing but what I thought to be Reason Nor have I baulk'd any Objection because it was too hard to be answered I will conclude with some Inserences from what I have written And 1. It follows That our most gracious Soveraigns King William and Queen Mary in order to gain these Kingdoms and in ascending the Throne have done nothing but what is consistent with Justice and Honour For if they had a just Cause of War with King James and have conquered him in the Sense I have said and Conquest be in this Case a good Title and it were absolutely necessary not only for the Interest of these Kingdoms but also for that of Europe and the Protestant Religion that they should make use of their Success then have they in so doing acted nothing but what became them And the asserting of this since it is true is a necessary piece of Gratitude to our glorious Deliverers And I the rather do it because I observe that many of the Tracts that have been written on the behalf of the Oath of Allegiance are rather in desence of the Subjects Submission and taking of it than of their Majesties Title So that the Authors seem rather concerned for their own than their Majesties Vindication and however glad they are of the unexpected Deliverance that hath been wrought for them yet are they over-regardless of the Honour of those blessed Princes who have been in God's Hands the Instruments of it 2. The Subject is justified in swearing and paying Allegiance to them and that as to Princes de jure For they have on their side all the Right of Conquest consequent to a just War and at a time when it was absolutely necessary to insist upon it 3. Those that refuse to swear Allegiance to their Majesties thereby doing what in them lies to weaken their Hands and so to hinder their good Purposes are guilty of a very great Sin And I the rather say this because I am apt to think a great many honest Men who are not very confident of the Unlawfulness of the Oath do judg it however best to refuse it because they believe they cannot sin in so doing but may in taking it Whereas whoever well considers our present Circumstances and the Matters depending must grant that if it be lawful to swear not-swearing is a Sin attended with much more dangerous Consequences than is Swearing supposing it to be unlawful And a Man's erring in the Negative has greater Aggravations than in the Affirmative 4. That King James hath totally lost his Right to these Kingdoms and therefore if he comes again with an Army he is to be looked upon by the Subjects with no other Eyes than any other Invader but is to be resisted by them Our Fleets and Armies without any scruple of Conscience to weaken their Hands may and ought to fight as becomes valiant Men in the defence of their present Soveraigns and their Countrey and that not only against the French King but likewise against the late King James if he should come along with a Fleet or head an Army against us 5. No Man need trouble himself with any Scruple as touching any Right of the Prince of Wales supposing him to be Genuine or of whatever other Issue the late King may since his Birth have had or may hereafter have For as to the pretended Prince his Birth being doubtful his Father declined the Arbitrement of a Parliament and put it to the Decision of the Sword and the Sword hath determined against him and therefore if he hath any Wrong done him he hath no body to blame but his Father And here I cannot but take notice of the Folly of some People who after King James was conquered and gone expected the Parliament should have examined the Birth of the Child as if when Princes fall out and the Injurer is utterly vanquished the injured Victor is still obliged to accept of the same Satisfaction that would have contented him before he drew his Sword Or as if when a Doubt about the Succession is