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A29172 The great point of succession discussed with a full and particular answer to a late pamphlet, intituled, A brief history of succession, &c. Brady, Robert, 1627?-1700. 1681 (1681) Wing B4191; ESTC R19501 63,508 40

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to be Hereditary But our Pamphleteer by a strange way of arguing would make us believe that during the Heptarchy because they were governed by divers Laws that therefore their Rule of Succession must be divers as if because France Spain Moscevia Denmark and Sweden are governed by different Laws that therefore they ought not to be Hereditary however it seems he is convinced that some of those Royalties in the Heptarchy were not Elective and if he would but please to read over the History of those times and not rely too much upon Indexes he would be convinced that the Crown in them all did constantly descend to the next Heir unless he were unjustly put by either by some potent Neighbour or powerful and popular Rebell At length seven Kingdoms were united under Egbert and his posterity who succeeded him successively by Hereditary Right and so far are the Historians from constantly mentioning as we are with a great deal of confidence told pag. 1. that we hear not one word of it in any Historian of Account till Edgar had put himself at the Head of his Brother King Edwy's Subjects and had forced him to divide the Kingdom with him and truly I cannot but admire the impudence or at least ignorance of our Author in telling us that Egbert came to the Kingdom of the West Saxons by Election and that he was no way related to Brithric the last King when I dare confidently affirm that there is not one * M. West f. 145. Rex Brithricus filiam Offae Regis Merciorum in conjugium accepit cujas affinitate fultus Egbertum solum regalis prosapiae superstitem quem regni sui utilitatibus futurum metuebat hostem in Franciam fugavit Idem f. 155. defuncto itaque Rege Brithrico successit ei Egbertus in regnum 36 annis qui ex regali illius gentis prosapiâ originem ducens multa potenter regna suo adjecit imperio H. Huntingd. lib. 5. Flor. Wigorn. f. 563. An. 802. R. de Hoveden Annal. p. priore f. 413. Historian but sayes he was next Heir and only remaining Branch of that Royal Stem and that upon Brithric's death he succeeded him in his Kingdom without the least mention of any Election and I am sure a man can scarce look into any of the Monkish Writers but he shall find a † M. Westm f. 166. cum multis aliis Genealogy of this Egbert one of whose direct Ancestors was Brother to the great Ina King of the West Saxons who was descended in a direct Line from Cerdie the first King of that people in England but these kind of shifts whether ignorant or malicious I determine not are very frequent To Egbert succeeded his Eldest Son ** M. West f. 155. cui sc Egberto succedens Aethelulphus filius ejus 20 annis 5 mensibus imperavit Ethelwolf not by Election but Birth-right who out of a mistaken Devotion went to Rome and carrying his youngest Son † M. West f. 158. Alfred whom he loved above any of his Children with him and designing if possible to make him his Successor he prevailed with the Pope to Anoint and Crown him King which certainly was a very preposterous way of going about it if it had been in the peoples power to chuse their King for then the most natural way had been to make his Address to them that had the power in their hands ‖ Ibidem exorta est contra Regem praedictum magnatum quorundam conspiratio ita quod factâ conjuratione ab Aethelbaldo filio regis primogenito quod à Româ repatrians nunquam reciperetur in Regnum causa erat quod filium juniorem Aelfredum quasi aliis a sorte regni exclusis in Regem Romae secerat Coronari but however this Action of the Fathers so much alarm'd the Eldest Son Ethelbald that rather than he would so unjustly be deprived of his undoubted Right he resolved to deprive his Father of his Kingdom and upon this specious pretence raised so strong a Faction against him that the Father to bring him again to his Duty was forced to share his Kingdom with him and this Prince wisely considering that if he did not contribute toward the avoiding of it his death might be the occasion of a great deal of Bloodshed amongst his four Children by †† M. Westm f. 159. Aethelulphus de suo transitu ad vitam Universitatis cogitans nè filii ejus post obitum suum inter se disceptarent haereditariam scribere imperavit Epistolam in quâ regni inter filios Aethelbaldum Aethelbertum divisionem procuravit c. paulò postea Aethelberto filiorum secundo Regnum Cantiae cum Sussexiâ concessit filius ejus primogenitus Aethelbaldus in West-Saxiâ pro patre regnavit his Will in his life-time he ordained That his Lands should be distributed amongst his two younger Sons and Daughter but his ** H. Huntingd. Hist l. 5. f. 348. Aethelbaldo filio suo reliquit praedictus Rex nobilissimus sc Aethelusphus Regnum Haereditatium Westsexe Adelbricto filio suo alii reliquit Regnum Cantiae Estsexe Sudsexe Hereditary Kingdom of the West Saxons he bequeathed to his Eldest Son Ethelbald and the Kingdoms of Kent Essex and Sussex to his Second Son Ethelbert to be held in Fee of his Elder Brother and upon his death his Eldest Son Ethelbald succeeded him according to his Fathers Will he dying issueless Ethelbert as next in Blood sate upon the Throne and so his two younger Brethren Ethelred and Alfred by right of Inheritance and according to proximity of Blood successively came to the Crown Upon the whole matter it may be I think reasonably concluded not insisting upon the silence of History from these two particulars that the Kingdom was nothing less than Elective first because it is irrational to think that Ethelmolf would have pretended to have appointed and nominated a Successor if the Crown had not gone then by Birth-right And in the next place I cannot conceive why Alfred who was a kind of * Flor. Wigorn. fol. 587. Quo sc Aethelred supra memoratus Aelfredus qui usque ad id tempus venientibus fratribus suis fuerat secondarius totius regni gubernacula divino concedente nutu cum summâ omnium illius regni accolarum voluntate confestim suscepit Vicegerent to all his other Brethren should wait their Death before he took upon him the Government for if the Choice of the people had been sufficient to entitle him to the Crown he had never wanted that since he was their † Asser Menevens in vit Alfred f. 7. Quod sc Regnum etiam vivente fratre suo si dignaretur accipere facillimè cum omnium illius gentis accolarum potuerat invenire Darling all along especially if the Unction and Coronation by the Pope be considered for that though of no force or efficacy in it self yet might have been easily improved into
propter consuetudinem regni quod se habet in contrarium so that at a Parliament holden ** Coke 1 Inst f. 245. a. Anno 20 H. 3. for that to certifie upon the King 's Writ that the Son born before Marriage is a Bastard was contra communem formam Ecclesiae Rogaverunt omnes Episcopi magnates ut consentirent quod nati ante Matrimonium essent legitimi sicut illi qui nati sunt post Matrimonium quantum ad Successionem haereditaniam quia Ecclesia tales habet pro legitimis omnes Comites Barones una voce responderunt Quod nolunt leges Angliae mutare quae hucusque usitatae sunt approbatae but how it can reasonably be extended to Normandy I cannot understand for then William had been excluded But to go on William having conquer'd this Island which he pretended to upon the account of the Confessor's donation upon his Death-bed bequeathed the Kingdom of England to his Second Son William his Eldest Son Robert being then in actual Rebellion against him but Rufus being too wise to rely upon his Fathers Will which was contrary to all Right and Justice †† M. Par. vit W. 2. in prin P. Virg. lib. 10. Posts away out of Normandy immediately into England seises upon his Fathers Treasure and very ** In pecuniâ dispergendâ neque segnis neque parcus omnem Thesaurum patris Wintoniae accumulatum in lucem proferens Monasteriis Aurum Ecclesiis Parochianis Argenti Solidos quinque unicuique provinciae libras centum egenis dividendas misericorditer assignavit M. P. ubi supra liberally bestowes it amongst the people giving Gold to the Monasteries five shillings to every Parish Church and a hundred pound to to every Province to be destributed amongst those that were needy and in want promises over and above an emendation of the hard Laws his Father had imposed upon his Subjects and a speedy redress of the Grievances which then the People groan'd under by which specious pretences and by the assiduous endeavours and great interest of * M. Par. vir G. 2. in prin P. Virg. l. 10. Lanfranck Archbishop of Canterbery for the Clergy in those days had no small influence upon Affairs he so far prevailed with the generality of people that according to his Fathers will which was very much urged in his favour he was received with the Shouts and Acclamations of the Croud where he was immediately proclaimed and soon after Crowned King but in spight of all their endeavours they were not able to corrupt the Loyalty of some stout and generous † M. Paris ubi supra M. Westm f. 231. Normans who as in duty they were bound resolved to stand firm to Robert to whom by the Laws of God and Nature supposing the Conqueror had lawfully enjoy'd the Crown the Royalty was due but their brave undertaking was rendered uneffectual by the policy of William who found means to take some of them off and by the assistance of the ‖ Sim. Dunelm anno 1088. fol. 214. English to reduce the rest And here this Gentleman takes occasion to observe that the Conqueror by his absolute Victory did not so wholly break the English that all the Old Laws and Customs were destroy'd because they wanted not hands to use those Weapons which were put into 'em for the defence of Rufus and thence I suppose infers that the Conqueror came not to the Crown so much by Arms as Consent of the People but how senseless and rediculous a pretence this is I leave to himself to judge since a sure and faithful ** Ut commilitonibus Normannis qui in bello Hastingensi patriam secum subjugaverant terras Anglorum possessiones ipsis expulsis manu distribuat affiuenti modicum illud quod eis remaneret subjugo poneret perpetuae servitutis M. Par. in vit W. 1. in prin Historian will inform him that William having left the English Hostages in safe Custody in Normandy return'd into England to destribute the Lands of the English amongst his Norman Souldiers that had assisted him to subjugate that Country which he did very liberally having expell'd the owners out of their possessions and that little he was pleas'd to leave to some of 'em he put under the slavish Tenure of perpetual Villenage which certainly he never could have done had he not both obtained and governed the Kingdom Jure gladii But to return from whence I have digressed Rufus and his Brother Robert came to this Agreement at the length that the latter †† Propter manifestum jus quod habuit ad Regnum possidendum Roberto singulis annis tria millia Marcarum Argenti daret ab Anglia quis corum diutius viveret Haeres eslet alterius si absque filio moreretur Hoc autem per duodecem magnates juratum suit utrinque M. Westm f. 236. because of the manifest right he had to enjoy the Crown should have a yearly Pension of three thousand Marks out of the Revenue of England and he that surviv'd the other if he died without Children should be Heir to the deceased Brother and so far were they from thinking this Agreement stood in need of the Ratification of a Great Council that there was but Twelve of their Principal friends on each side Sworn to see it duly observed But Robert being absent in the Holy Land at Rufus's death the great men of the Kingdom were mightily afraid of being long without a King it seems they were of opinion that Robert had a right to govern which Henry his Younger Brother wisely perceiving resolved to take time by the Fore-top and improve this Opportunity to the Supplanting of his Brother and Advancement of himself therefore to win the Affections of the Great Men he was very liberal in making them ‖‖ P. Virg. lib. 11. partim dando partim grandia pollicendo munera c. Presents and promising larger Rewards the usual and most prevailing Rhetorick of Competitors representing to 'em his Brother's Cruel Disposition and that he himself was their own Country-man and born after his Fathers coming to the Crown which gave a reasonable pretence to expect to be prefer'd before Robert and having bound himself by Oath to make a full Restitution of all their Ancient Laws and confirm them by his Charter and abrogate such severe ones as his Father had made they did * In ipsum consentirent in regem unanimiter consecrarent M. Par. vit H. 1. in princi pio unanimously consent to consecrate him King and I cannot see how this that was managed with so much Bribery and Corruption can properly be call'd an Election however I think we need not wonder to find this King publickly owning the consent of the people to be the foundation of his Advancement to the Throne for he must either acknowledge that or openly profess himself an unjust Usurper since he had no other way to entitle himself to it but
THE Great Point OF SUCCESSION DISCUSSED With a Full and Particular ANSWER To a late PAMPHLET Intituled A Brief HISTORY OF Succession c. LONDON Printed for H. Rodes next door to the Bear Tavern near Bride-Lane in Fleetstreet 1681. THE Great Point OF SUCCESSION DISCUSSED In a full ANSWER to a late PAMPHLET Intituled A Brief History of the SUCCESSION c. AMONGST all the spurious Brood the Press of late has so numerously spawn'd and wherewith the Town has been so immoderately pester'd perhaps there is scarce a Pamphlet can pretend to have made a greater noyse or met with a more general Applause than THE HISTORY OF THE SUCCESSION c. Insomuch that having heard it so much and so often commended and that some people had so great a value for it that they had taken the pains to get it without Book I grew not a little desirous of reading what I thought would not have had so welcome a Reception if it had not been penn'd with a great deal of Faithfulness and Sincerity for tho' I must confess I have no great opinion of an Argument drawn from matter of Fact since if that were once allow'd a man of very indifferent Parts and as slender Reading would find it no very difficult Task to justifie the blackest Villanies yet I assured my self that if our Author did not industriously avoid being sincere and impartial he could not but conclude the Crown of England to have always gone in the Sacred Channel of Birth-right and proximity of Blood and that uninterrupted too unless put violently out of its Course either by some manifest Force from without or some prevailing Faction from within But alas I soon perceived how mightily I was mistaken in the man for I found him in every Page taking so much pains to catch at every thing that might but any way advance his Design or seem'd but to lean never so little towards his opinion and every where so deligedly wresting and mis-representing those Authors whose Indexes I doubt not but have furnished him with all the Reading he has show'n upon this Occasion for certainly if he had but taken a little more pains in reading the Authors themselves he would not have had the Confidence to have so grosly imposed upon the World as he has done When I say I had perceived with what intollerable dis-ingenuity he had all along managed his Design I could not but conclude with my self that if his very extraordinary Ignorance has not stood in the way of his Preferment he had Malice and In pudence enough to entitle him to the honour of a Pillory Nor can the man deserve less that goes about to make people believe that the Kingdom of England but a few Ages ago was Elective that His Majesty whom God long preserve holds His Crown upon no surer Title than an Act of Parliament and that 't is lawful for the Three Estates of the Realm to depose their King and call him to an Account of his Stewardship if he behave not himself to their content and satisfaction for either this must be the consequ●●ce of his Discourse or nothing for all his Arguments are drawn from matter of Fact for the most part falsely represented too and he tells us of two Kings that have been deposed so that if from thence we may conclude that because such things have been done they either were then or may now lawfully be done which either our Author must prove to be true or else acknowledge his whole Discourse an impertinent Scrible I have not falsly accused the Writer of this Discourse I amabout to examine And although this might be allowed to be a sufficient Answer to this whole Pamphlet since every one can tell him à facto ad jus non valere consequentiam yet because there may be a great many people in the World as willing to be deceived as he is to deceive for I can believe none to be so ignorant were they not violently bent upon it as to suffer themselves to be imposed upon by so irrational and illogical a Discourse I suppose it will not be an unwelcome performance to those that are Lovers of Truth or Honesty to see the Mask pull'd off from our Scribler and his many and unpardonable because designed mistakes in his pretended HISTORY OF THE SUCCESSION laid open But before I proceed to examine the particulars I cannot but take notice of one thing that may easily impose upon the unwary Reader in turning over our old Monkish Historians I mean their very frequent mention of the Election of our Kings which expression of theirs has given our Pamphleteer the most colourable pretence of any to assert the Monarchy of this Isle to be an Elective One but he that has taken the pains to look into the Body of their Writings more carefully than this Gentleman has done will I am sure conclude that no good Argument can be drawn from a loose Expression or careless Word let fall from the Pen of any of our Monks who must be confess'd by every one to be extreamly ignorant of Latinity and the true propriety of Words so that both false Grammar and gross Barbarisms are very frequent amongst them besides it will most evidently appear that what they call'd Electing of a King amounted to no more than an open acknowledgement or recognition of his Right and Title since as I shall make appear from the ensuing Discourse they upon several occasions tell us of the right precedent to all manner of Ceremony that Kings of England have to the Crown and both they and several Parliaments of different Complexlous and Interests have declared the Kingdom of England to be Hereditary as appears from several * Rot. Parl. 39 H. 6. n. 10 c. Rot. Parl. 1 E. 4. n. 8 c. Rot. Parl. tent ' apud Westm ' die Veneris 23 die Jan. An. Regni Regis Rich. 3. primo c. Records and that the Crown according to the Laws of God and Nature does descend according to Birth-right and proximity of Blood which how it can do and yet be Elective I cannot for my life understand so that whatever the present use and the propriety of the word Election may make it signifie yet I am assured the meaning of it in our Records and Historians must be what I have assign'd to wit A Recognition and Acknowledgement of the Person said to be elected to be the true Heir to the Crown to whom by Birth-right it is due But to come closer to the point I agree that nothing certain has come down to us of the nature of the Government of this Island before the Romans came hither who found them governed by several petty Princes but if we may give any credit to what is related of the old Britains and some Learned Men † Sheringham de Anglorum gentis Origine c. Hist Britan. Desensio per J. Priseum Eq. Aurat are persuaded we may we shall find the Crown
but for the most part very shallow pretences Ethelred being dead † Fl. VVgorn f. 616. M. VVestm f 203. Canutus by the terrour of his Arms having the greatest part of the Island at his devotion forced them to acknowledge and receive him for their King which they being under an apparent Force could not choose but do which notwithstanding this Gentleman is pleas'd to call an Election but how ridiculously I leave to every man of sense to judge but however the City of † Soli Cives Londinenses pars Nobilium qui tunc temporis ibidem permanebant Edmundum filium Regis ferreum latus in Regem unanimiter exclamaverunt M. Westm ubi supra London and that part of the Nobility that was there stood firm to Edmond Ironside Eldest Son and Heir to the deceased King and received him for their Sovereign as they were in Duty bound but at length these two Princes being grown weary of the War after a Duel sought between them to avoid the effusion of more Blood they came to this ‖ M. Westm f. 205. Conclusion That the Kingdom should be divided betwixt them each peaceably to enjoy his share But upon the Death of Edmund the * M. VVestm ubi supra Fl. VVigorn f. 618. Verum illi restante Deo falsum perhibuerunt testimonium fraudulentes mentiti sunt existimantes illum sibi mitiorem esse propter mendacium eorum se ab eo praemium sumpturos magnum ex quibus falsis testibus quidam post non longum tempus ab eodem rege sunt interfecti Dane being resolved to admit of no Co-parter in the Government of this Island summons all the Great Men and very cunningly as if he had been ignorant of the matter demands of them whether or no by the Agreement made betwixt him and the late King it was Provided That the Sons or Brethren of Edmond should succeed him during his Canutus's Life but he was answered by 'em That they were ignorant of any Provision made for his Brethren at any time but this they were sure of That Edmund on his Death-Bed had recommended the Care and Protection of his Children to him till they came to Age capable of the Government of his Kingdom but sayes Florence of Worcester God knows they bore false Testimony and ly'd falsely but they thought by this means to intitle themselves to some great reward or at least to a Room in his Favours and Affections but after by this means he had obtained the Crown they found themselves mistaken for he wisely considering that such Time-serving Polititians as had betray'd their true Master's Interest would no longer be true to his than it stood with their convenience therefore he soon found means to cut most of 'em off a true and just reward for their disloyalty Canutus being dead and having appointed his youngest Son Hardicanute for his Successor by his Will it seems Princes in those days took upon them the disposing of their Crowns without asking the consent of the people his Second † M. VVestm f. 209. VV. Malmesb l. 2. c. 12. f. 76. Flor. VVigorn 622. Son Harald as having the advantage by seniority of Birth laid claim to the Crown asserting that he being Elder Brother and Legitimate which by the by was false but however it serv'd his turn for the present it was not in his Fathers power to rob him of his Birth-right to determine therefore the justness of his Title a great Council was assembled where the business viz. who had the greater Right to the Crown was very warmly debated on both sides and was at length decided in favour of Harald he having the greatest part of the Nobility and the City of ‖ Qui jam penè in barbarorum mores propter frequentem convictum transiverant VV. Malmsb ubi supra London which was then by the long continuance of the Danes there degenerated into barbarism and tho' this Gentleman would make us believe this was an Election yet I am persuaded it was nothing less because the point in Controversie was who had the most Right and best Title to the Crown besides if we may give Credit to the ** Brompton f. 932. Historian who sayes Placitum magnum de regni Successione apud Oxonium factum est it was only a bare pleading and arguing the justness of Harald's pretences †† quafi justus haeres sc Haraldus regnare nec tamen ita potenter ut Canu'us quia justior haeres expectabatur Hardicanutus which how it could be and yet the Kingdom be Elective I cannot conceive F. VVigorn ubi supra who by the corruption and partiality of the Judges got the day notwithstanding all the endeavors of Q. Emma and Earl Godwin who objected Harald's illegitimacy and the Will of the deceased King so far were they from endeavouring to make any court to the people for the procuring of theirs that they only desired their assent to the justness of his Title which certainly in an Elective Monarchy no man can pretend to but Harald being sensible how unjustly he had obtained the Crown used a great deal of Address and Cunning to cut off all his Competitors and it was the hard Fortune of poor Alfred to fall into his cruel hands by the treachery of Earl Godwin and was presently after most barbarously murder'd and yet our Pamphleteer has the impudence to tell us That the Nobility after the expulsion of the Danes proceeded to Elect him which is as notoriously false as a great many more of his Forgeries But Harald Harefoot being dead to make some amends for their former undutiful carriage they send to * M. VVestm ' f. 110 Fl. Wigorn. 623. Hardicanute then at Bruges an offer of the Crown which he before had been unjustly deprived of which he accepts and comes immediately into England to be Crowned so that all this while we find not so much as one pretence of believing this Kingdom to be Elective After his death the English grown weary of the Danish slavery at last resolve to return to their Duty and restore the Saxon Line to the Crown it had so long been contrary to all Law and justice kept from the possession of in order to which they enter into a joint * Brompt●● 934 Association and resolve to stand by one another as the modern phrase is with their Lives and Fortunes in depriving for ever the Danes of that Government they had no pretence or right to but what the Sword gave them Nor can this be any Argument for the Power of Parliaments in disposing of the Succession for what was done by the Great Council then was but their Duty since they were bound in Conscience upon the first opportunity to endeavour the ejection of an Usurper and the Restauration of the true Heir to the Throne of his Fathers In pursuance to this Resolution it not being well known what was become of Ironside's Children or if it
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
of Stephen to receive Duke Henry as their Natural and Lawful Sovereign And accordingly upon Stephen's Death Henry being both lov'd and fear'd by every one came very calmly to the Throne and he having sufficiently experienc'd what an alluring Temptation a Diadem is and that Men of Pride and Ambition make no Conscience of breaking through all Obligations and Ties that may obstruct their Advances to so glittering a Bait thought the only way to secure the Crown without Dispute to his Eldest Son Henry was to set it upon his Head before his Death but before that time came he had sufficient cause to repent his Choice of this unfortunate Course However this my Antagonist would have thought an Election of the Young Prince to succeed his Father without which he could not pretend to it but if he do but look upon that very Author † Gervas H. 2. f. 1412. Ipsâ die Henricum filium suum qui eadem septimanâ de Normanniâ militem fecit statimque stupentibus cunctis mirantibus in Regem ungui Praecepit coronari coronatus itaque novus rex ex praecepto patris sui succepit fidelitates he has quoted he will find if he have any remains of Modesty in him what Reason he has to blush at his Disingenuity for he will there find that the great men were afraid they were call'd to give an account and suffer the King's Censure for several unjustifiable Neglects they had been guilty of surely either this Council was very far different from what we call a Parliament now or the Times are strangely alter'd with 'em but when they found 't was only to assist at the Coronation of Young Henry they were right glad they all the time being filled with Wonder and Amazement they being so far from pretending to any power of Election that they only look'd on and then sware Fealty Besides ‖ M. Paris vit H. 2. Anno. 1170. M. Paris tells us that the King having call'd his Bishops commanded them to set the Crown upon young Henry's head without taking any notice of any others as if there had been none present but they which he certainly would never have done if so solemn a Ceremony as an Election had been necessary Henry was succeeded by Richard his Eldest Son living at his Death without any provision made in his Fathers life time in order thereto from the consent of the people unless he will call an Article of Peace between King Henry and the King of France one and certainly he must mean that if any thing when he sayes his Father was glad to get the Succession confirm'd to him but by this it was only * Provisum est etiam quod Comes Richardus acciperet Homagia hominum de omnibus terris Patris sui citra mare ultra M. Paris f. 151. Provided That Richard should receive Homage from all his Fathers Subjects but for all this he tells us That he was again Elected after his Fathers Death which to mee seems very strange for one would have thought one Election would have serv'd his turn but 't is like the rest of his incoherent Discourse besides I cannot believe King Richard would afterwards have taken upon himself to declare his Nephew † Flor. Hist Anno 1190. M. Paris vit R. 1. An. 1190. 〈◊〉 his Heir unless he had known that the Kingdom was Hereditary for in an Elective Monarchy there can be no such thing But notwithstanding King Richard being kill'd at Chalize he was most unnaturally put by his Right by his Uncle ‖ M. Paris An. 1199. in vit Johan John who immediately seized upon his Brothers Treasure and retaining all his Servants and Stipendiary Souldiers in their former Condition he comes into England after having very generously distributed his Money amongst those that he thought were capable of doing him any Service and having first sent several of his Principal Friends thither who made the people swear Allegiance to him tho' at first he met with some rubs in his way from some Loyal and Brave Persons who adhered to Arthur as their Natural Liege Lord as the ** M. Paris ubi supra Historian expresses it alledging that according to the received Custom Arthur the Son of the Elder Brother ought to succeed into that Hereditary Patrimony his Father Geofry should have enjoy'd had he outliv'd his Brother King Richard but having call'd a Council of all those †† M. Paris ubi supra Qui ejus Coronationi interesse debuerant Archbishop Hubert made such a Speech to 'em as he sayes truly would have startled the Convocation in 1640 but it sounded as strangely to those then present to hear him assert That no one could have any Title to the Crown Nisi ab universitate Regni unanimiter electus and to run on at so notoriously false and extravagant a Rate but he being a very Potent Man both the King and the rest were forced to hear him patiently but with no small concern that a man of his incomparable Wisdom and so considerable a Pillar of the Common-wealth should openly maintain so strange a Doctrine but none were so deeply touched as those good and honest men who being fully persuaded of the justness of Arthur's Title were extreamly surprized to find a Clergy-man and Archbishop the principal *** Aut fraudandi Arthurum optimum Adolescentem avito regno aut contra jus fasque Johannem regem creandi authorem esse Pol. Virg. lib. 15. in princ Actor in depriving the poor Prince of that Hereditary Kingdom which by Birth-right was his due contrary to all Law and Justice setting the Crown on John's Head But the business being over the Achbishop was asked why he would in the face of the Sun offer to deliver such false Principles upon which the Good Man not well knowing how to give an handsome Reply ventures upon defending or at least excusing one Lye by another telling them ††† Respondet se praesagâ mente conjecturare a quibusdam oraculis edoctum certificatum fuisse quod ipse Johannes Regnum Coronam aliquando foret corrupturus in magnam Confusionem praecipitaturus ne habeat liberas habenas hoc faciendi ipse Electione non Successione Haereditariâ eligi debere affirmabat That his mind did not only forebode it but he was inform'd in a Dream from God that one day this John would prove a very ill Prince and therefore he delivered that Doctrine tho' false that John remembring by what Tenure he held his Crown might have a Check upon him to prevent his running out too far in his Extravagancies so that he having acknowledged what he then delivered to be false the contrary must needs be true for there is no medium betwixt them and all this consider'd you may see how much Reason you have to admire the Gentleman's Candor and Sincerity in relating this Transaction But King John had not enjoy'd the Crown long but he
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 We●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
praedicta contenta concedit ac ea pro vero indubio pronunciat decernit declarat So here we have as much as can be desired a Parliament that had assumed a very extravagant Power yet declaring that the Kings of England do derive their Titles from God and Nature only and that this was consonant to the known Custom and Ancient Practice of the Realm But the innocent Blood of this barbarous and cruel Tyrant's Nephews whom he had caus'd inhumanely to be murder'd crying to Heaven for Vengeance God raised up one to deprive him at once both of his Grown and Life I mean Henry Duke of Richmond of whom the judicious * 7 Book in fine Comines says Qu' il n' avoit Croix ne Pile ne nul Droit come Ico croy al a Corone d' Angleterre Come we now to the Consideration of the Methods he used to establish himself in his new-gotten Kingdom after the Death of † Bacon's Hist of H. 7. f. 4. Edit London 1622. Richard and we shall learn that from the best of our Historians in his Life of that wise Prince who tell us that the King after his Victory at Bosworth Field being come to London was very much distracted in his Choice of a Title to the Crown as whether he should claim it by Right of Conquest but that he judged a very dangerous and unsatisfactory way or in Right of the Lady Elizabeth Heiress to the House of York whom he had promised and intended to marry But as to this he considered that he should be a King only by Courtesie and Tho' he should obtain by Parliament says my Lord Bacon to be continued for otherwise he must upon his Queen's Death have resign'd yet he knew there was a very great difference between a King that holdeth his Crown by a Civil Act of the Estates and one mind that that holdeth it Originally by the Law of Nature and Descent of Blood So far he Therefore upon those Considerations he resolv'd to rest upon the Title and Right of the House of Lancaster as the Main as that which would prove his surest Card For tho' he could not be ignorant that upon several Accounts that Title could not stand the Test of a severe and legal Tryal yet he knew very well that it was not only very foolish to dispute such things with a man that had thirty Legions at his Beck but that there could be no occasion for it during the Life of his Queen who was true Heir to the Kingdom and after her Death he might hope the Sence of Filial Duty would deter her Children from any Attempt to disturb him yet however his opportune Death vvas look'd upon by many as his greatest Happiness vvhereby he vvas vvithdravvn from any future Blovv of Fortune which certainly in regard of the great hatred of his People and the Title of his Son being then come to Eighteen years of Age and being a bold Prince and liberal and that gain'd upon the People by his very Aspect and Presence had not been impossible to have come upon him as the Judicious Bacon * Hist of H. 7. f. 231. words it With this Resolution he was Crown'd and having call'd a Parliament you see he did think an Act of theirs necessary to make him King tho' he thought it convenient to confirm him where an Act was pass'd for settling the Crown upon him † Hist of H. 7. f. 11. which he did not press to have pen'd by way of Declaration or Recognition of Right as on the other side he avoid to have it by new Law or Ordinance but chose rather a kind of middle way by way of Establishment and that under covert and indifferent words That the Inheritance of the Crown should rest remain and abide in the King c. which words might equally be applied that the Crown should continue to him but whether as having former Right to it which was doubtful or having then in Fact or Possession which no man denied was left fair to Interpretation either way And this Statute he procured to be confirm'd by the Pope's Bull the year following which is a plain Proof he relied not so much upon the Power of a Parliament as this Gentleman would persuade us nor can there be drawn from this proceeding of King Henry's any thing that makes more for the Authority of a Parliament in these matters than for the Popes which I am sure no Sober man but must allow to be none at all Besides this Prudent King was so conscious of the Weakness of his own Title notwithstanding this Act of Parliament that in the Troubles that happen'd very often in his Reign to prevent the Peoples prying and enquiry into the Justness of it he got an an Act to pass ‖ Lord Bacon's History of H. 7. f. 144. in the Eleventh year of his Reign that no man that assisted him in Wars should afterwards be deem'd or taken for a Traytor nor should be impeach'd therefore or attainted either by the Course of the Law or by Act of Parliament and truly it was agreable to good Conscience that whatsoever the Fortune of the War were the Subject should not suffer for his Obedience His Argument drawn from the Oath of Allegiance and other Publick Test and Securities after what I have said already will appear so ill considered a pretence that I should but lose time in standing to confute it I shall then proceed to Henry the 8th his Son and Successor and see if any thing can be gathered from thence that may make for our Pamphleteer's purpose And I doubt not but it will appear that whatever was done in that Great Prince's Reign was rather the Effect of his extravagant Capricious Lust or Revenge than founded upon the true Maxims of Justice Equity or Lawful Authority For Sir W. R. in his Preface to the History of the World can tell us that his violent Hatred to the Elder House of Scotland was the cause of most of those Acts using says he his sharpest Weapons to cut off and hew down those Branches which sprang from the same Root that himself did but yet that Blood which the same King affirm'd that the Cold Air of Scotland had frozen up in the North God hath diffus'd by the Sun-shine of his Grace from whence His Majesty now living and whom God grant long to live is descended And as for the rest they were consented to or rather to speak Truth forced from the Parliament by the King for he used to make them do what he had a mind to to satisfie some wild Humor of his though to the prejudice of his Prerogative For the legality and unlawfulness of his second Marriage depending upon the validity or weakness of the Popes Dispensation which by the generality of the World was then thought unexceptionable it is no wonder if Henry the Eighth contrary to the natural greatness of his Soul call'd to his Assistance his Parliament with
Law ever since I cannot but wonder this Gentleman should go about to call in question the Judgment of so Many and so Great Lawyers by his Impertinent Cavils for 't was upon this Precedent that the Lord Keeper Bacon did advise Q. Elizabeth not to Repeal that Statute wherein she was made Illegitimate Nor was it upon the Account of any Attainder that the House of York forbore so long time to pursue their Claim to the Crown but want of Interest And when he tells us The King of France was the more inclined to send over his Son Lewis because King John was Attainted of Treason and so uncapable of taking the Crown he must certainly have forgot himself or he would not have made use of an Instance granting it to be true so contrary to his Purpose For it seems the English when he came to the Crown had but a very slender Opinion of such a Bar or else they would never have admitted him But the King of France was glad of any Pretence tho never so Ridiculous So that we see the Judges were not without Precedent to direct their Proceedings by and such a one if the Story be true as had the Approbation of the whole or greatest part of the Kingdom But that Objection which has most shew of Force is drawn from the Recognition of Richard the Third's Title which he takes a great deal of Pains to set off to the best Advantage But I think he might have spared his Pains if he had but considered that those Men that to Advance an Usurper to the Throne had contrary to their Knowledge declared all the Late King's Children to be Bastards would scarce stick at Declaring contrary to all Right and Justice which they had already so notoriously violated an Attainder of Treason to be of sufficient Force to debar the Issue of the Duke of Clarence who were not in a Condition to assert their Title for the Crown without considering the Truth of it And it is considerable that all those Acts made in Contradiction of one another were never heeded or esteemed by either Party or ever deter'd either the Heads of 'em from pursuing their Claim or the People from assisting them in it the End of all such Statutes was to vanish into Smoak and come to nothing and for the most part never to have the Honour of a Repeal Besides a Thing done in Tempestuous and Turbulent Times is not to Guide and Direct our Actions now especially since we have the Sense of so many several and different Parliaments and therefore the more Remarkable to the contrary wherein it is declared That the Succession of the Crown of England is inseparably Annexed to Proximity of Blood and That a Title of this Sublimity and Grandeur is not at all Impeachable even by Act of Parliament And besides the Parliament of 39. H. 6. doth make their Declaration to the manifest Prejudice of the King in Possession who was Ordained also by the same Accord then made to Reign over them during his Life and whom for that Reason it must be presum'd they would have favoured if they had found but the least colour so to have done And if the Actual Possession of the Throne as has been so often Recognized by our Antient Parliaments which were neither over-aw'd by a prevailing Faction nor seduced by the plausible Pretences of designing Demagogues be by the Law of God and Nature invested with the Soveraignty it does most evidently follow that the Heir Apparent or Next of Blood is by the same Laws entituled to the Crown and consequently the People have no more Right to Dis-inherit the One than to Depose the Other and doubtless it is the same Sin As to cause the Abortion of an Embryo and to take away the Life of a Child already Born are both alike Murder for both have an equal Right to Life tho they differ in the Time of the Enjoyment of it And so have the Possessor and the Heir to the Throne only One is actually Master of it and the Other in due Time must and ought so to be But to affirm sayes this Gentleman that the King and Parliament have not a Power to Change the Direct Order of Succession is to deny the Government a Power to Defend it self To this I Answer 'T is much more likely that altering the Course of the Legal Descent of the Crown is the more probable way of bringing us into Anarchy and Confusion Besides acording to his Notion of Self-preservation a Prince that Governs not according to the pleasure and good liking of the People may be Deposed or else they would be deprived of a power of preserving themselves A very peaceable Notion I assure you and such as would render every Government where it was admitted most extreamly Happy But it ought to be proved That the admitting of a Popish King would be an Infallible Cause of the Ruin of us all or else I much fear this adored principle of Self-preservation will not Justify the Exclusion of his R.H. For nothing less than absolute Necessity will authorize a Man to kill his Enemy as when he endeavours by violence to Rob him of his Life and 't is then only he can lawfully Kill him se Defendendo But that he should be allow'd to destroy any that out of a Groundless Jealousie he apprehends may do him a Prejudice is the Highest Degree of Madness and Destructive of all Humane Society For if it were allowed for one to Kill all he is afraid of we could expect nothing but Murders and Massacres nothing but unavoydable Confusion and Ruin 'T is convenient I grant to bind such as we have just Ground to be apprehensive of to their good Behaviour and tye up their Hands according to the Laws of the Land And certainly one would think this would be sufficient Security in the Case of his R.H. if too many of those that so zealously stickle for the Bill had not a deeper Design than that they give out even to Lay the Axe to the Root of Monarchy it self 'T is that they aim at and have such a Thirst to destroy under this specious pretence and set up their adored Idol their beloved Common-Wealth And if they had not this colour for their Proceedings I am very much afraid they would be guilty of some what worse Nor am I in this at all Uncharitable since this Gentleman has pag. 19. given a very excellent Hint to Justify such a Design For he tells us That the Crown is not a bare Inheritance but an Inheritance accompanying an Office of Trust that if a Mans Defects render him incapable of the Trust he has also Forfeited the Inheritance Can any thing be more full and plain May not upon this account the King in Possession be Removed as well as an Heir secluded So true is that Observation That all the Pamphlets writ upon this Subject tho they begin with the Duke yet constantly End with the King