of GOD and all Natural Laws Which Answer of the Duke of York and h s Claim to the Crown was by the same Parliament expresly recognized and declared to be Good True Just Lawful and Sufficient And when in the same year Edward Earl of March eldest Son to the said Duke of York upon the death of his Father took possession of the Crown by the Name of King Edward the IVth his Title was in full Parliament by all acknowledged in these Words Knowing also certainly and without doubt and ambiguity that by GODs Law and the Law of Nature He viz. the said King Edward and none other is and ought to be true R ghtwise and Natural Liege and Soveraign Lord And that he was in right from the Death of the said Noble and Fam us Prinee his Father very just King of the same Realm of England And so little Respect was given to the aforementioned Act of Entail that it was not so much as repealed being esteemed from the very beginning null and void in it self Nor indeed were any Acts of Henry the IVth Vth. or VIth stiled Kings in Deed and not of Right deemed to be in force but such as were expresly confirmed by Edward the IVth in the same manner as his Sacred Majesty now reigning confirmed the judicial Proceedings of the late Usurpation As little Success had that Monster of Nature Richard Duke of Glocester who being by the Interest of several factious Lords chosen Protector to his Nephew the young King Edward the Vth having by that means gotten into his hands the military Force of the Nation pretending that the Children of his Brother King Edward the IVth were illegitimate laid claim to the Crown which he not only entailed by Act of Parliament upon himself and his Issue but the better to secure it in his Line caused the Innocent young King and his only Brother the Duke of York to be barbarously murthered in the Tower yet did he within three years lose both his Crown and Life to Henry Earl of Richmond on whom and his Heirs it was again by Act of Parliament entailed which yet would little have availed him or his Posterity had he not prudently acording to his promise by which several of the Nobility were induced to assist him married Elizabeth eldest Daughter of King Edward the IVth and immediate Heiress of the Crown whereby happily turning his Usurpation into a lawful Sovereignty he secured himself in the Throne But that his Issue by any other Lady could not have had better Success against the Princely House of York than Adonijah had against Salomon may more than probably be presumed if we shall consider what Fate attended the many mad Acts made by Henry the VIIIth about the Succession This haughty Prince whose capricious Humor none of his Parliaments durst gainsay having after above twenty years Cohabitation divorced his Queen a chast and vertuous Lady did in the twenty fifth year of his Reign disinherit by Act of Parliament the Lady Mary his Daughter by her settling the Crown by special Words for want of Issue Male on his Issue Female by the Lady Anne Bullen To the observation of which Act the whole Nation was obliged by an Oath imposed the year following the Refusal of which Oath was adjudged Misprision of Treason And yet in the twenty eighth year of his Reign he bastardized and made illegitimate to all intents and purposes as he had done formerly the Issue of Queen Katherine the Issue betwixt him and the Lady Anne Bullen barring them to claim challenge or demand any Inheritance as Lawful Heir or Heirs to him by Lineal Descent making it Treason for any one notwithstanding their former Oath by Words Writing Printing or any other exterior Act directly or indirectly to call any of the Children born under the unlawful Marriages of Katharine and Anne Bullen legitimate and enacting that in case he had no Issue by Jane his then Queen he might dispose of the Crown to whatsoever person or persons he pleased the whole Nation being bound to the observance of this Law by the Sanctimony of an Oath the refusal whereof was made High Treason After all this in the thirty fifth year of his Reign he by another Act entailed the Crown on himself Prince Edward and the Princesses Mary and Elizabeth without repealing the former Acts or taking the least notice of their being so signally bastardized and for default of Heirs of their Bodies on such person or persons as he should nominate by his Letters Patents under his Great Seal or by his last Will in writing signed by his most Gracious Hand the whole Nation being again sworn to observe his pleasure herein Consequently whereunto he by such his last Will and Testament solemnly bequeathed the Crown upon failure of his own Issue to the House of Suffolk being the Issue of his younger Sister Mary excluding by that means from the Throne as much as in him and his Act of Parliament lay the Issue of his Elder Sister whose Royal Blood he affirmed the cold Air of Scotland to have frozen up in the North. Yet when after the Death of his three Children reigning successively these disinheriting Statutes the last whereof was confirmed by Act of Parliament in the first year of Queen Elizabeth in whose thirteenth year there passed also an Act That it should be Treason during her Life and a Praemunire afterwards to assert that the Imperial Crown of England could not be disposed of by Act of Parliament came to the Test they had not the Honor to be repealed but were held null and void from the beginning as being notoriously repugnant to the Laws both of GOD and Nature and the common Customs and Constitutions of the Realm And the Lords Spiritual and Temporal and the Commons assembled in Parliament notwithstanding all these unrepealed Acts having confest the Inestimable and unspeakable Blessings accrewing from the Vnion of England and Scotland under one Imperial Crown in the Person of King James lineally rightfully and lawfully descended of the most Excellent Lady Margaret Eldest Daughter of the most renowned King Henry the VIIth and the high and noble Princess Queen Elizabeth his Wife eldest Daughter of King Edward the IVth proceeded to the Recognition of his Title in these Words We being bounden thereunto both by the Laws of GOD and Man do recognize and acknowledge that immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by inherent Birthright and lawful and undoubted Succession descend and come to your most Excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood Royal of this Realm And that by the Goodness of GOD Almighty and lawful Right of Descent Your Majesty is under one Imperial Crown of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty
had of Proclamations appears by these Words of a Statute made in the one and thirtieth year of King Henry the VIIIth Forasmuch as the King by the Advice of his Councel hath set forth Proclamations which obstinate Persons have contemned not considering what a King by his Royal Power may do Considering that sudden Causes and Occasions fortune many times which do require speedy Remedies and thaâ— by abiding for a Parliament in the mean time might happen great prejudice to ensue to the Realm And weighing also that his Majesty which by the Kingly and Regal Power given him by GOD may do many things in such Cases should not be driven to extend the Liberties and Supremity of his Regal Power and Dignity by wilfulness of froward Subjects It is therefore thought fit that the King with the Advice of his Honorable Councel should set forth Proclamations for the good of the People and Defence of his Royal Dignity as necessity shall require The King only can give Patents in case of Losses by Fire or otherwise to receive the charitable Benevolences of the People without which none may ask it publickly The King by his Prerogative is Vltimus Haeres Regni and the Receptacle of all Estates when no Heir appears For this cause all Estates for want of Heirs or by Forfeiture escheat to the King All Spiritual Benefices for want of Presentation by the Bishop are lapsed at last to the King All Money Gold Silver Plate or Bullion found and the Owners thereof not known belong to the King and so do all Wayfs Strays Wrecks not granted away by him or any of his Predecessors All Wast Ground or Land recovered from the Sea all Land of Aliens dying before Naturalization all things the property whereof is not known and all Gold or Silver Mines in whose Ground soever they are found belong to the King In the Church the Kings Prerogative is very great He only hath the Patronage of all Bishopricks None can be elected Bishop but whom he hath first nominated None can be consecrated or take possession of the Revenues of any Bishoprick without his special Writ or Assent He is the Nursing-Father of the Church and hath Power to call a National or Provincial Synod and with the Advice and Consent thereof to make Canons Orders Ordinances and Constitutions relating to the Government and Polity of the Church wherein as it was affirmed by Christopher Wray Speaker of the House of Commons in the thirteenth year of Queen Elizabeth the Princes Power is absolute The King has Power upon Causes only known to himself to dispence by Non Obstantes with General Laws made in Parliament and with the Penalties for transgressing them where such Penalty is appropriated to himself alone to mitigate the Rigor of the Laws where Equity and Conscience require Moderation to alter or suspend any particular Law that he judges hurtfull to the Commonwealth to pardon a Man legally condemned to grant special Priviledges to particular Persons Colledges and Corporations and if any Doubt arises concerning such Priviledges he only has Right to interpret them To him and the Judges constituted by him does it belong to interpret all Statutes and to determin and pass Sentence in Cases not defined by Law These are some Branches of that Jus Coronae of that Regal Prerogative of the name whereof however some persons are afraid yet may they assure themselves that the Case of Subjects would be desperately miserable without it since the Kings just Rights are the best Preserver of the Peoples Liberties being an impregnable Bulwark against all popular Invasions and illegal Powers Nor have there ever been found any greater Oppressors of the People than those who under pretence of asserting their Liberties have endeavored to lessen the Royal Authority Thus in the great Contest between Henry the IIId King of England and the Barons about the pretended Liberties of themselves and the People the King being forced at length to yield the Lords instead of that glorious Freedom which they promised the Nation ingrossed all Power into their own Hands under the Name of the twenty four Conservators of the Kingdom behaving themselves like so many Tyrants acting all in their own Names and in Juntoes of their own wholly neglecting or else over-ruling Parliaments But then not agreeing among themselves four of them viz. the Earls of Leicester Glocester Hereford and Spencer defeated the other twenty and drew the entire Management of Affairs into their own hands Yet it continued so not long Leicester getting all into his own Power who being slain in Battle the King recovered his Authority and the People their true Liberty Many of these Prerogatives those especially that concern Justice and Peace are so essential to Royalty that they cannot be separated from it but by the destruction of the Monarchy it self Not without reason therefore did the Estates of England assembled in Parliament in the Reign of King Edward the IIId declare that they could not tho the King himself should desire it assent to any thing which tended to the Disherison of the King and his Crown whereunto they were sworn The King therefore as he is by his Office Debitor Justitiae obliged to administer Justice to his People so is he in Conscience bound to maintain the Rights of the Crown in possession and to endeavour the recovery of those whereof it has been dispossest And how dismal the Effects have been whenever any King neglecting the religious observance of this part of his Duty has been prevailed upon to give way to the lessening of his Royal Prerogative we have a sad Example in his Majesties Father of Blessed Memory who parting tho but only Pro illa vice with his absolute Power of dissolving Parliaments and giving it to the two Houses they never ceased farther incroaching upon his Prerogatives till he himself was barbarously murthered the Government wholly subverted and all the Liberties of the People trampled under foot To him therefore that shall seriously consider the many fatal Mischiefs and Inconveniences which necessarily follow the Diminution of the Kings Prerogative it will seem no Paradox to affirm that it is the Subjects great Interest to be far more sollicitous that the King maintain and uphold his own Prerogative and Preeminence than their Rights and Liberties which as they had no other Original but the Grace and Bounty of the Prince so must they of necessity perish when he is no longer able to protect them It is not thefore to be wondred that a right Apprehension of such pernicious Consequences made his Sacred Majesty refuse his Royal Assent to a Bill presented him for the raising of the Militia tho it was if passed into an Act to have continued in force but six Weeks Because the Tendency of the Bill being to put out of his Possession the Posse Regni or absolute command over the Forces of the Realm he could not answer unto GOD by whom alone he is intrusted with his Regal Power
named Lucius whence the Title of Primogenitus Ecclesiae rightfully belongs to the King of Great Britain but given to the Church the first Christian Emperor even the famous Constantin here born of there-nowned British Lady St Helena by whose Example and Encouragement the Faith was generally received throughout the whole Empire The Independency and Absoluteness of his Authority holding of none but GOD and having in his own Dominions neither Superiour nor Equal The Eminence of his Royal Dignity State and Titles his Realm not having been only stiled an Empire and his Crown Imperial but this Island both in antient and later Times having been regarded as another World whereof the Monarch is sole Lord and Emperor The Martial Exploits and Achievements of his Ancestors abroad amongst whom is the first Christian Worthy and first Founder of Martial Knighthood the famous King Arthur in whose Heroick Acts there is Truth enough all that is thought fabulous being rejected to render him renowned to all posterity The Gallantry and and Stoutness of his People arising from their Freedom the Plentifulness of their Country and Generality of their Wealth His long-lined Royal Extraction wherein His Majesty now Reigning excels all the Monarchs of the Christian if not of the whole World The Hospitality and Magnificence of his Court than which no Court in Christendom is served with more punctual Attendance and State The Diversity of Nations and differing maternal Tongues subject to his Command The admirable Laws and Constitutions of his Government The Greatness of his Power by Sea and Land both Offensive and Defensive These and many other his Prerogatives considered We may well be permitted to affirm that besides the Preeminence he may challenge by his just Right to the Crown of France the Monarch of Great Brittain except the Precedency which he as all other Christan Princes acknowledges to the Emperor if he go not before yet at least ought not to come behind any King whatsoever CHAP. XII Of Succession to the Crown of Great Britain THE Monarch of Great Brittain has Right to the Imperial Crown of this Island by Inheritance according to the Laws of GOD and Nature and the fundamental Constitutions of the Realms of England and Scotland which both agree in this That upon the Death of the King the next of Kindred tho born out of the Dominions of Great Britain or born of Parents not Subjects of Great Britain is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Rule of Inheritance given by GOD himself to the People of Israel is this If a man dy and have no Son then he shall cause his Inheritance to pass unto his Daughter And if he have no Daughter then ye shall give his Inheritance unto his Brethren Agreeably to which Rule the Crown of Great Britain descends as an inalienable Heritage from the Father to the eldest Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brethren to the Sister and her Heirs And so unalterable is this Course of Descent that no Act no Crime no Attainder of Treason can bar the next of Blood from being King in the instant of Time his Predecessor does not so much dye as by a State Metempsychosis transmit his Life his Breath or his Soul into the Nostrils the Body of his Successor For Hereditary Monarchy being as it has been clearly demonstrated an immediate Ordinance of GOD founded in the Prime Laws of Nature and the Laws of GOD and Nature being as all Christians acknowledge absolutely immutable it is a Madness to think that any Act of Parliament can change this unchangeable Law or with the least Color of Justice alter the Right of Succession This was well known to all our ancient Parliaments that were neither over-awed by any prevailing Faction seduced by designing Intreaguers nor yet vainly flattered themselves with an Omnipotent Power to create and annihilate Kings In one of which the States of the Realm unanimously answered King Edward the IIId asking their Advice in matters relating to the Crown That they could not consent to any thing in Parliament that tended to the Disherison of the King and his Heirs or the Crown whereunto they were sworn From whence Sir Edward Cook concludes That it is a Law and Custom of Parliament that no King can alien the Crown from the right Heir tho by consent of the Lords and Commons And elsewhere affirming King Johns Resignation of the Crown to the Pope to have been utterly void he alledges this Reason Because the Royal Dignity is an Inherent inseparable to the Royal Blood of the King descendable to the next of Blood to the King and cannot be transferd to another And altho by the Treasons and Conspiracies of ambitious disloyal and designing Persons the Crown has now and then been transferred from one Family to another yet does it appear in Story that since the time of the Norman Conquest the right Heir was never yet kept out beyond the second Descent And to the Honor of English Parliaments we can aver that never any Usurper tho armed with Power laid claim to the Crown in Parliament but by pretending to be of the Right Line nor did ever the Parliament allow of such Pretence if false but when awed by Fear and a vast Army And whenever the Terror of such armed violence being removed the true Heir was enabled to claim his Right the Parliament notwithstanding all such pretended Acts readily submitted themselves to their legitimate Prince as being bound thereunto by the Laws of GOD and Nature Thus altho Henry Duke of Lancaster backt by an Army of fourty or fifty thousand men under Pretence of a feigned Title from Edmund Crouch-back forced his Natural Soveraign King Richard the IId first to resign and afterwards to be deposed from his Crown which waving his former pretended Title he caused to be entailed upon himself his four Sons and the Heirs of their Bodies by Act of Parliament whereby he thought to have secured it to his Posterity for ever Yet notwithstanding these cautious Provisions seconded by the Valor and prodigious Success of that noble Prince Henry the Vth. when in the year 1460. this Entail was alledged against Richard Duke of York laying claim in Parliament to the Crowns of England and France as being the next Heir to Lionel Duke of â—larence elder Brother to John of Gaunt of whom the House Lancaster was descended the Duke of York unanswerably replied That if King Henry the IVth might have obtained the said Crowns of England and France by Title of Inheritance Descent or Succession he neither needed nor would have desired or made them to be granted to him in such wise as they be by that Act Which said he taketh no place neither is of any force or effect against him that is right Inheritor of the said Crowns as accordeth with the Laws
Insinuations have continually labored to disquiet the Minds of the People with pretended Fears of Popery and ungrounded Jealousies of I know not what Arbitrary Power have so far of late prevailed that the Loyalty of many unthinking persons has been strangely staggered and their Spirits so exasperated that several of the English Commonalty have by the Artifices of these Seditious Boutefeus been brought to such a forgetfulness of the Duty which by all Divine and Humane Laws they ow unto their Prince that some Parliaments have of late seemed perfect States of War wherein a prevalent Faction in the House of Commons instead of readily affording their Assistance to their Soveraign for the strengthning and supporting of his Government against Forreign and Domestick Enemies have under Pretence of securing the Priviledges and Liberty of the People been tugging and contending to ravish away the Regal Prerogatives from the Crown and by importuning his Majesty contrary to his often-declared Resolutions of never consenting to so great an Injustice to alter the Succession of the Crown from its lineal and legal Descent to subvert this ancient and hereditary Monarchy by ruining its firmest Foundation But the Intrigues of the Faction having been laid open by his Majesties Gracious Declaration of the Reasons inducing him to dissolve the two last Parliaments and by the seasonable Publication of that Horrid Association a Copy whereof was produced at the late Proceedings against the Earl of Shaftsbury in whose Closet it was proved to have been found the Mists which these Religious Juglers for the better concealing their damnable Designs had cast before the Eyes of the People are so far dissipated that whenever his Majesty shall in his Princely Wisdom think fit to call another Parliament it may well be hoped that the People from whose Eyes the Scales which have so long blinded them begin now to drop off will choose themselves such Representatives as in their Testimonies of Loyalty and Submission to their Soveraign will eagerly strive to outgo the very best of their Predecessors such as will by their unanimous Acknowledgment of the unalterableness of the Succession as has been lately done in Scotland assert the Sacredness of the British Monarchy by their Care to put a Stop to the Debauchery of the Press whose prolifick Womb daily teeming with new Monsters fills every Corner of the Nation with Seditious Pamphlets will take away those continual Incentives to Rebellion by undeceiving the deluded Vulgar will free us from that Charm under which we have now almost these four years lain as it were bewitched and by readily complying with all his Majesties just and honorable Desires and Designes will enable him to vindicate his own and the Nations Honor against all external Oppositions or internal Rebellions And then it will not be easy to comprehend what great things his Majesty so Loyally assisted may attempt and effect especially if we shall but consider how the mighty Power of the King of England before the Conjunction of Scotland and total Subjection of Ireland both which were usually at enmity with him has been notoriously known to the World and sufficiently felt by our Neighbor-Nations The Island of Great Britain is by a present learned Writer to whose Collections I am not a little indebted not unfitly said to resemble a great Garrison-Town not only fenced with strong Works her Port-Towns and environed with a vast and deep Ditch the Sea but guarded with excellent Outworks the strongest and best built Ships of War in the World and so abundantly furnished within with Men and Horses with Victuals and Ammunition with Cloaths and Money that if all the Potentates of Europe should which GOD forbid conspire against it they could hardly distress it Insomuch that we may well be permitted to affirm that as her own Natural Commodities are sufficient to maintain her so nothing but her own unnatural Seditions is capable to destroy her Thus admirable is the Defensive Strength of the Monarch of Great Britain nor can his Offensive Puissance but be formidable to the World when it shall be considered that being Master of the Sea as if he be not wanting to himself or his Subjects to him he must be he may in some sort be said to be Master of every Countrey bordering thereupon and is at liberty where when and upon what Terms he pleaseth to begin or end a War for the carrying on of which he is well able whenever he shall think fit so to do to raise of Englishmen besides Auxiliaries of valiant Scots and Irish two hundred thousand Foot and fifty thousand Horse so many having been computed during the late Rebellion to have been in Arms on both sides and that without any considerable miss of them in any City Town or Village whose natural Agility of Body Patience Hardiness and Resolution is so great and their fear of Death so little that scarce any Nation of the World upon equal Terms and Number has ever been able to stand before them either at Sea or Land For the transporting of an Army his Majesty hath at command neer two hundred Ships of War and can hire as many or more stout English Merchant Ships not much inferior to Ships of War all which he can soon Man with the best Sea Souldiers if not the best Mariners in the World And for the maintaining so vast a Fleet sufficient Money may for a competent Time be raised by a Moderate Land-Tax and for a long time by an easy Excise to be laid only upon such Commodities as naturally tend to the occasioning of Pride Idleness Luxury Wantonness and the Corruption of good Mannâ—râ—s Person That the Persons of Monarchs have in all Ages of the World been esteemed sacred and as such received a more than ordinary Respect and Veneration from their Subjects is so manifest from the concurrent Practice of ancient and present Times that it cannot with any shew of Truth be contradicted The Patriarchs of the old World were not only Kings but Priests having in themselves all Fulness of Jurisdiction and taking no less Care for the instructing of those whom GOD had subjected to them in the manner of performing their Adorations to their Creator than in teaching them the Laws and Institutes of a Civil Life And tho the Almighty was pleased amongst his own peculiar People the Israelites after their Departure out of the Land of Aegypt to separate the Spiritual and Temporal Functions entailing the Priesthood upon Aaron and his Posterity into whose Office it was not lawful for their Kings themselves to intrude yet were they in all Civil matters subject to the Kings Authority who was as were also the Priests anointed with Oyl to intimate the Sacredness of his Person When the Kings and Princes of the World began to submit their Crowns and Scepters to the Cross of our Redeemer and instead of Persecutors to become Protectors of the Church this sacred Ceremony of Anointing was again restored and Monarchs thereby admonished