Princes upon pain of Excommunication to impose new Impositions upon their People without great necessitie and free Consent of the givers Nay why be all Princes at this day prohibited to alienate any thing of their own Crown without consent of their People if they be Lords of all and the People have interest in nothing Answer to the Allegations out of the Prophet SAMUEL Touching the words of Samuel they are not to allow or authorise Injustice or Wickedness in any King But to threaten the Jews with the disorders of Kings for that they rejected the moderate Government of their High Priests and had demanded as a matter of more Pomp and Glorie to be ruled by Kings as other Heathen Nations about them were which did suffer great extortions and tyrannies of their said Kings For the principal points recorded to all Princes throughout the whole course of Scripture are Diligere Judicium Justitiam apprehendere Disciplinam facere veritatem And for not observing them many Princes have been punished by God himself By what Law Princes are punished Now to know by what Law the Common-wealths do punish their Kings It is by all Law both Divine and Humane Divine for that God doth approve that form conditions and limitations which every Common-wealth doth chuse unto it self Humane for that all Law both natural national and positive doth teach us That Princes are subject to Law and Order And it is not so of a Common-wealth as it is of a private man because a private man's voice being but one doth not make the Prince wholly as the Common-wealth doth Besides having once given his voice to make his Prince he remaineth subject and inferior to the same But the whole Bodie superior who giving his authoritie up to the Prince doth not deprive her self of it but may use it when need shall require for his own defence for which he gave it Where one of the Contractants breaketh the other is no more bound And then that power which the Prince hath from the Common-wealth is in very truth but potestas vicaria or delegata given with such restrictions cautels conditions and oaths on both parts the Prince and the Common-wealth as if the same be not kept on either part the other is not bound to observe his promise neither And this is among the very rules of both the Civil and Canon Law Frustrà fidem sibi quis postulat servari ab eo cui fidem à se praestitam servare recusat And again Non abstringitur quis juramento ad implendum quod juravit si ab aliâ parte non impletur cujus respectu praebuit juramentum In things evil promised Oath bindeth not Moreover where the fulfilling of our Oath doth contain any notable hurt or inconvenience against Religion Pietie Justice Honestie or the Weal-publick or against the partie himself to whom it was made it is both lawful honest and convenient to leave the performance thereof As for example In that Herod commanded St. John Baptists head to be cut off which he did for his Oaths sake to the Daughter of Herodias no man will deny but that the thing had been far better left unperformed and the Oath better broken than fulfilled according to another rule of the Law In malis promissis fidem non expedit observari Two principal Cases when Oaths hold not towards a Prince So in these two Cases Subjects Oaths may be left unperformed towards the Prince First when the Prince observeth not at all his promise made to the Common-wealth at his admission And then when the performing of their oath should turn to the notable damage of the Weal-publick These Two Cases touched in the Deprivation of Childerick of France These Two Cases were touched in the Deposition of Childerick when the Bishop of Woitsburg in the Name of all the Nobilitie and Common-wealth of France made this Speech to Zacharie the Pope Truth it is that the French have sworn Fidelitie to Childerick as to their natural King but yet with Condition that he on his part should also perform the Points that are incident to his Office as to defend the Common-wealth protect the Church of Christ c. which if he doth the French are ready to continue their obedience and allegiance unto him But if he be apt for none of these things and nothing else may be expected whilest he is King but detriment to the State ignominie to the Nation danger to Christian Religion and destruction to the Weal-publick Then it is lawful for you no doubt most holy Father to deliver the French from this band of their Oath c. The difference between a King and a Tyrant When a King declineth once from his Dutie he becometh a Tyrant And as a good King's end and Office is to make happie his Common-wealth so the Butt of a Tyrant is to destroy the same A King ruleth according to equitie oath conscience justice and law prescribed unto him and a Tyrant is enemy to all these conditions Vt populo Magistratus ità Magistratui praesunt leges saith Cicero Theodosius and Valentinianus two worthie Emperors Digna vox est said they Majestate Regnantis legibus se alligatum fateri But the Tyrant Caligula is justly detested who said Memento mihi omnia in omnes licere And the Emperor Trajan certainly is to be immortally commended who delivering the Sword to a Praetor or Governor in Rome Take this Sword said he and if I do reign justly use it for me and if not then use it against me Which in effect and substance are the same words that our Christian Princes use at this day at their enterance when they promise to rule justly and according to the Laws of their Country and upon that Condition take the Oaths of their Subjects Obedience Protesting That if they perform not this that then their Subjects are free as before from all Allegeance Of the Coronation of Princes and manner of their Admission to their Authoritie and the Oaths which they do make in the same unto the Common-wealth for their good Government CAP. V. Since the People made the Prince it is likely he did it with Conditions for his own good FOrasmuch as not Nature but the Election and Consent of the People hath made the first Princes from the beginning of the world It appeareth most certain and conform to all reason That they were not admitted to that Power and Dignity without some Conditions and Promises also on their parts for using it well because it is not likely that any people would ever put their lives goods and liberties in the hands of another without some assurance of justice and equity And hereof came to pass that both the Romans and Greecians prescribed to their Kings those limits before mentioned More Religiously observed among Christians than other Nations And the more orderly the Prince cometh to his Crown the more express and
or three S 7. yet 't is plain it was his own Will because he commanded it to be drawn written and sealed and never revoked it Besides it is subscribed by many witnesses and inrolled in the Chancery by his own command enough to make it good against the assertion of those few who to please the time wherein they spake in Queen Maries time might say and ghess the King was past memory when his stamp was put to it Now to make good what he did two Acts of Parlaments 28 35. of his Reign gave him full authoritie to dispose of this Point of Succession as he and his learned Council should think best for the Common-wealth By a Statute made in the 27th of Elisabeth 27. Elisah a Statute was made That whosoever shall be convinced to conspire attempt or procure the Queens death or is privie or accessary to the same shall loose all right title pretence claim or action that they or their heirs have or may have to the Crown of England Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament and for breach of the said Statute 't is easie to determine what Title her Son hath claiming only by her The Uniting of Scotland with England dangerous to the English or like to be 1. Only the increase of Subjects but those rather to participate the Commodities of England than to impart any from Scotland 2. The natural hatred of that People unto us and their ancient inclination to joyn with our enemies the French and Irish against us are Arguments of great mischiefs likely to ensue by that conjunction 3. The Scot must needs hold in jealousie so many Englishmen competitors of the Blood Royal and therefore will fortifie himself against them by those Forrein Nations of whom he is discended with whom he is allyed as the Scots French Danes and uncivil Irish which will prove intolerable to the English 4. The King both for his own safety and for the love he beareth to his own Nation will advance them and plant them about him in chief Places of credit which must needs breed Emulations and Controversies between them and the English Then must he of Force secretly begin to favor and fortifie his own to the incredible calamitie of the other as Canutus did his Danes and William the Conqueror his Normans neither of them enemies to the English blood nor evil Kings but careful of their own safeties for herein it is impossible to be neutral 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace nor hold the Scots and North-Irish in obedience of any authority residing in England What then are we to hope for of this King herein The Religion of Scotland unpleasing to our State His Religion is neither fit for our State wherein Archbishops c. and Officers of Cathedral Churches are of much dignitie and there suppressed nor will be pleasing to our Nobilitie to be subject to the exorbitant and popular authoritie of a few ordinary Ministers which the King himself is there content to yield unto And therefore it is likely that few will be forward to entertain that King for the reforming of Religion here that hath no better Order in his own at home For the Ladie Arabella For the Ladie Arabella is alleged her being an equal degree of Discent with the King of Scots Her being above him in all hopes for herself or benefit to the English that can be expected in an English Prince and a Prince born in England Against Her Neither she nor the Scot are properly of the House of Lancaster and the Title of Lancaster is before the Pretence of York ut suprà 2. The testament of King Henry 8. barreth her as well as the Scot 3. Her Discent is not free from Bastardie for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale who was alive long after her marriage with Anguis and it is most certain also That Anguis had another Wife alive when he married the said Queen All this confirmed by the Lord William Howard Father to the now Admiral sent into Scotland by Henry 8. of purpose to enquire thereof who reported it to King Henry Queen Mary and divers others For this cause King Henry would have letted the marriage between Anguis and his Sister and chiefly caused him to exclude her issue 4. She is a Woman and it were perhaps a great inconvenience that three of the weak sex should succeed one the other 5. All her Kindred by her Father is meer Scotish In England she hath none but by her Mother the Candishes a mean Familie and Kindred for a Princess CAP. VI Examination of the Title of the House of Suffolk being Darby and Hartford Sect. 29. 30. The Earle of Hartford's Children illegitimate THe Children of the Earle of Hartford Discending of Ladie Frances the eldest Daughter of Charles Brandon are proved illigitimate 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke when they were born not separated from him by lawful authority or for any just cause but abandoned by him because her House was come into misery and disgrace 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married but only by their own Assertions not sufficient in Law Therefore was the marriage disannulled in the Arches by publick and definitive sentence of Parker Archbishop of Canterbury not long after the Birth of the said Children 3. When the Marquess of Dorset married their Grandmother the Ladie Frances he had another lawful Wife sister to H. Fitz-allen Earle of Arundel whom he put away to obtain so great a marriage as was the Lady Frances This bred much hate between the Marquess and Earle ever after but the Marquess favor with K. Henry deprived the other of all remedy And therefore may their Mother the Lady Katharine seem illegitimate too Bastardie in the issue of Charles Brandon Charles Brandon had a wife alive when he married the Queen of France by which wife he had issue the Ladie Powyse wife of the Lord Powyse and this wife of his lived some time after his marriage with the Queen Darby's Evasion This Wife say the Friends of Darby died before the birth of the Lady Eleonor the yonger daughter their ancestor though after the Birth of the Lady Francis Hartford's ancestor Hartford's Confutation of the first Bastardie To the first Bastardy of Hartford their Friends affirm That the Contract between the Lady Katharine and the Earl of Pembrook was dissolved lawfully and judicially in the time of Queen Mary Hartford's evasion of the second Bastardie in the behalf of his Second born Edward Seymore The Lady Katharine being found with Child affirmed the Earle of Hartford to be the Father Hereupon he being sent for out of France where he was with Sir N. Throgmorton and had got leave to
to be for all the time that Alexander lived he continued in banishment Answer to the Objection out of Deut. S. 90. When the Command was given in Deut. no Nation besides the Jews had true Religion among them the chiefest and highest think to be expected in the admission of any Magistrate for that it concerneth the true and highest end of a Common-wealth and of all humane society but Christ's coming into the world took away this restraint So that all Christian Nations are alike for so much as belongeth unto Government CAP. XI Examination of the likelihood of each Pretender to the Crown of England Whereby a Pretender may soonest prevail THe prevailing or not prevailing consisteth either in the Religion of the Pretender or in the Strength of his particular Familie Friends and Allies both at home and abroad Every one will prefer a Prince of his own Religion Religion being at this day threefold viz. Protestancy Puritanism and Papistrie is likely to be of much respect in the Advancement or Depression of each Pretender And albeit in the entrance of King Ed. 6. Queen Mary and her Majestie divers men of different Religions for other respects concurred together in those Princes Advancement which many of them repented after at better leisure yet t is now likely to be otherwise 1 Because the Titles of Pretenders are now more doubtful 2 Men are become more resolute in matters of Religion and by long contending the greater enemies 3 Men of a good Conscience will hold it a point of little zeal at least if not of Atheism to set their hands to the Advancing of a Prince of contrary Religion to themselves 4 Men of discretion hold it to be against all Rules of Policie to promote to a Kingdom in which themselves must live one of a contrary Religion for let what bargains agreements vain hopes promises soever be made before hand yet the Princes once settled they are sure to be opprest by degrees So that they must either dissemble or suffer persecution The likelihoods of the Protestant partie The Protestant that hath the power and authority of the State in his hands is likely to do much especially if he can conceal for a time the decease of her Majestie until he may put his Affairs in order but this is held to be either impossible or very hard so ardent are men's minds in such occasions and so capable of new designments impressions and desires are all kinde of subjects upon such great changes The most wealthy and strong Member of this Bodie is the Clergie as Bishops c. and their followers the Nobilitie and Privie Council are uncertain The House of Hertford was wont to be in their favor but of late they are the more devoted to Arabella and the House of Derby Privie Council out of office during the vacancie of Princes Though the authority of the Privie Council be supreme during the Prince's life yet it is not so afterwards nor have they any publick authority at all but according to their several former callings of Noblemen and Gentlemen Then is every man free until a new Prince be established by the Common-wealth which establishment dependeth not upon the appointment or will of any few or upon any man's proclaiming of himself for divers are like to do so but upon a general Consent of the whole bodie of the Realm The Strength and Affection of the Puritans The Puritans whose profession seemeth to be the more perfect are more generally favored throughout the Realm if not of Papists than the Protestant which make's even all those Protestants who are less interessed in Ecclesiastical livings or other preferments depending on the State very much affected to them Their side is held to be the most ardent quick bold resolute of any other as those which have a great part of the best Captains and Souldiers and great Towns where Preachers have made the more impression in the Artificers and Burgesses much devoted to them Nor want they probabilities of having the City of London the Tower and most part of the Navie much enclined to them Their Forrein partie will be the reformed Churches of France now not many and of the Low Countries The Earle of Huntington was the Lord Beacham by reason of his marriage is most affected by them The King of Scots if not a stranger would also be for his Religion very plausible The Strength and Affection of the Papists The Papists least in shew because held under yet are of small consideration in respect of their home and forrein partie At home they are either Recusants or such as accommodate themselves for wordlie respects unto all external proceedings of the time and State of which sort are the most part of the Countrie People of whom the contrarie Preachers are not so frequent To them such as are discontented do easily joyn also omnes qui amaro animo sunt cum illis se conjungunt 1 Reg. 22. 2. as the most afflicted by the present state Besides there is ever likely a certain natural compassion in most men towards those that suffer and of compassion cometh affection of affection desire to help Moreover the persecution against the Papists hath much stirred them up to far more eager defence of their Cause and hath wrought a great impression in their hearts Their affection is thought indifferent towards any one be he Stranger or Domestical who is likest to restore their religion not much inclined to any one of the pretenders in particular a point of great Consequence by reason of the incertainty and likely to give them great sway wheresoever they shall bend at that day The Forrein Strength of the Papists very great and important The Forrein Helps are besides the exiled English who have both Friends and Kindred at home the affections of Forrein Princes States Favorers of their Religion whose Ports Towns and Provinces be near upon England round about and for such a time and purpose cannot want commoditie to give succor which thing weighed together with the known inclination that way of Ireland and the late declaration made by many of the Scottish Nobilitie and Gentrie to favor that Cause are arguments that this Bodie is also great and strong and likely to bear no small sway in the deciding of this Countroversie For and Against the King of Scots Likelihoods of the Scot besides the Prioritie of his Title in vulgar opinion are his Youth his being a King his moderate Nature having shed little blood hitherto his affection in Religion to such as like thereof On the other-side the Reasons of State before alleged against him especially his Alliance with the Danes and dependance of the Scottish Nation seem to weigh much with Englishmen S. 53. For and Against the Lady Arabella For Arabella is alleged her being a yong Ladie and thereby fit to procure affections and that by her marriage she may joyn some other title with her own and therby friends Against her her being
certain are their Conditions between him and the People As on the other side the more violent he getteth his authority as those ancient Tyrants of Assyria Nemrod and Belus did and at this day is done among the Turks the less Conditions of just dealing may be expected Therefore among the Christians this point of Mutual Oaths between Prince and Subjects hath been much more established made clear and reduced to a more sacred and Religious kinde of Union than before for that the whole action hath been done by Bishops and Prelats and the astipulation on both sides hath passed and been Regestred in sacred places and with great solemnitie of Religious Ceremonies The manner of Admitting Greek Emperors Anastatius The East or Greek Emperors of Constantinople after the Empire was translated from Rome thither by Constantine the great first Christian Emperor though their coming to the Crown were nothing so orderly as at this day it is used yet they were wont above a thousand years agone to have an Oath exacted at their hands by the Patriarch of Constantinople As of Anastatius the first writeth Zonaras Antequam coronaretur inquit fidei confessionem scriptam quâ polliceatur se in dogmatibus Ecclesiasticis nihil esse novaturum ab eo exegit Patriarcha Euphemius vir Sanctus Orthodoxus And divers other Conditions also did he promise before he could be Crowned as the taking away of some Tributes the giving of Offices without Money and other like points appertainting to reformation and good government Michaël Of Michael the first writeth the same Author in these words Michaël ubi diluxit magnam Ecclesiam ingressus à Patriarcha Nicephoro Imperatorio diademate est ornatus postulato priùs scripto quo promitteret se nulla Ecclesiae instituta violaturum neque Christianorum sanguine manus contaminaturum The Latine Emperors Otho 1. In the West Empire given to Charles the great and his posteritie this Point is yet more settled and more inviolably kept For albeit it went by succession for the most part at the beginning yet were they never admitted to the same without this circumstance of swearing to Conditions of righteous Government As Otho 1. who being Son and Heir to Emperor Henry 1. Duke of Saxonie sirnamed the Faulkner and named by him to the inheritance of the said Crown of Germanie did nevertheless make his Oath and received his new approbation of the People for the Archbishop of Moguntia chief Primate of all Germanie bringing him to the Altar where he must swear said these words unto the people Behold I bring you here Otho chosen by God and appointed out by his Father Henry our Lord and now made King by all the Princes of this Empire if this Election please you do you signifie the same by holding up your hands to heaven Which being done he thereupon tooke the Ornaments and Ensigns of the Empire and put them upon the Emperor telling him the signification of each thing and what it did binde him unto and taking his promise to perform all And after all includeth the storie Rex perfusus oleo Sancto coronatur Diademate aureo ab Episcopis ab eisdem ad solium Regale ducitur in eo collocatur Institution and manner of the Emperor's Creation used at this day In the year 996. Pope Grerory 5. in a Synod holden in Rome did by the consent of Otho 3. Emperor and Nephew unto this other Otho appoint this form of Election for the time to come of the Germane Emperors That he should be chosen by six Princes of Germanie Three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and Three Temporal to wit the Duke of Saxonie the Count Palatine of the Rhene and the Marquess of Brandeburge and when these six voices should happen to be equally divided that then the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election which was approved by all the Princes of Germanie and other Christian Princes and Estates of the world And Sleydan writeth the manner and conditions of the said Election to be these First of all that after any man is chosen Emperor he is to be called only Caesar and the King of the Romans and not Emperor until he be Crowned and presently after his Election he sweareth these Conditions To defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to minister justice equally to all to follow peace to keep all Laws rights and priviledges of the Empire not to alienate or engage the Possessions of the Empire to condemne no man without hearing his Cause but to suffer the course of law to have his place In all and whatsoever he shall do otherwise that it be void and of no validitie at all Whereunto he sweareth first by his Legates and then giveth a coppie of his Oath in writing to every one of the six Electors and after this goeth to the Citie of Aquis-gran to be Crowned in the great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh Whether he be ready to swear and promise to observe the Catholick Religion defend the Church minister justice protect the Widdows and Fatherless and yield dutiful honor and obedience to the Pope of Rome Whereunto he answering That he is ready to do all this the Archbishop leadeth him to the high Altar where he sweareth in express all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to swear Obedience and Fealtie unto him who answering Yea he is anointed by the said Archbishop before the Altar and then do come the other two Archbishops of Moguntia and Treveris and lead him into the Vesterie where certain Deacons apparel him in his robes and do set him in a Chair upon whom the Archbishop of Colen saith certain Prayers and then delivereth him a Sword drawn and putteth a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparelled unto the high Altar again he sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Imperial Seat and Throne where all the Princes of the Empire do swear Obedience and Faith unto him beginning with the Electors and so to all the rest in order And it is to be marked That the Emperor sweareth three times once by his Deputies and twice by himself before his subjects swear once unto him The manner used in Polonia In Polonia which being first a Dukedom was made a Kingdom about the year 1000 the manner of the Coronation of their
preferred for the elder brother cannot give or transmit that thing to his Son which is not in himself before his Father die nor can his son represent what the Father never had The Common-Law dealeth not with the Point of Succession to the Crown Touching the Common Law the right and interest to the Crown is not expresly decided in it nor is it a Plea subject to the rules thereof but superior and more eminent nor are the Maxims thereof alwayes of force in this as in others As in the case of Dower Copercenars and Tenancie by the courtesie No more ought they to be in this case of inheritance as by the former eight Presidents hath been shewed The Common Lawyers then refer this point of the Crown to Custom nothing being in effect written by them touching it Only the best of our old ones favored that title of Lancaster and Chancelor Fortescue and Sir Tho. Thorope chief Baron of the Exchequer in Henry 6. his time were much afflicted for it by the contrary faction The Princes of York often Attainted The Princes of York forfeited their Right by their Conspiracies and Attainder thereupon as R. Earle of Cambridge put to death therefore by the Judgment of his Peers his elder brother the Duke of York being one of the Jury that condemned him His son Richard Duke of York was also attainted of treason after many oaths to Henry 6. sworn and broken by him and his son Ed. 4. with the rest of his off-spring to the ninth degree at a Parlament at Coventry Anno 1459. But the House of Lancaster was never attainted of any such crime The Hous of York came to the Crown by Violence and Crueltie Edward 4. entred by violence wilfully murthering besides divers of the Nobilitie Henry 6. a good and holy King and his son Prince Edward dispossessing the Hous that had held the Crown about 60 years together in which time their Title had been confirmed by many Parlaments Oaths Approbations and publick Acts of the Common-wealth and the consent of all forreign Nations All which had been enough to have autorized a bad Title Those of Lancaster better Princes than those of York The 4 Henries of the hous of Lancaster were far more worthie Princes then the 4 Princes of the Houses of York as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former especially the 3d succeeded not the chief caus thereof was the sedition rebellion and troubles raised by those of York and their contention against the Princes of the Houses of Lancaster The Cruelty of the Princes of York one to the other The Princes of York have not been onely cruel to their enemies but to themselvs too embrewing their hands in their own blood Then when they had ruined th'other George Duke of Clarence conspired against Edw. 4. his own brother with whom reconciled Edw. caused him afterwards to bee murthered at Calis Rich. 3. murthered his two young Nephews and Henry 8. a great number of that Hous as Edmund de la Poole his Cousin German Henry Duke of Buckingham his great Ant 's son extinguishing that and ruining this familie Also Henry Courtney Marquis of Exceter his own Cousin german the Ladie Margaret Countess of Salisbury and daughter to George D. of Clarence and her son the L. Montague c. The kindness of the Princes of Lancaster But the Love Union Confidence Faithfulness Kindeness and Loialtie of the Princes of Lancaster towards th'other was very notable as in the 2 brothers of Henry 4 and the 3 brothers of Henry 5. and in five or six Dukes of Somerset their near Cosens which argueth both a marvellous confidence those Princes had in that quarrel and a great blessing of God unto the whole familie that agree'd so well The Successes of such noble Houses as followed either partie Another blessing seemeth to bee bestowed on them That no antient great Houses are remaining at this day in England but such as chiefly took their parts as Arundel Oxford Northumberland Westmerland and Shrewsbury whereas the chief partakers of the other Faction are all destroied as Mowbray Duke of Norfolk De la Poole Duke of Suffolk th' Earl of Salisbury th' Earl of Warwick and many others CAP. III. Examination of the Title of the Hous of Scotland Sect. 28. Allegations for the K. of Scots 1. THat hee is descended of the eldest daughter of Henry 7. without bastardie or other lawful impediment and therefore hath the right of prioritie 2. The benefit would accrew unto the Common-wealth by the uniting of England and Scotland a point long sought for 3. The establishing of true Religion in England Hee is not of the Hous of Lancaster but rather of York Hee is not descended truly of the Hous of Lancaster becaus not of the Ladie Blanch the true heir thereof but of Kathathine Swinford whose children were unlawfully begotten though afterwards legitimated by Parlament so that his best Title is by York inferior to that of Lancaster and therefore is to com in after them of that Hous Forrein birth not just impediment in Succession to the Crown of England Hee is Forrein born and therefore excluded by the Laws of England from inheriting within the land Answ 1. This Assertion in an universal sens is fals for a stranger may purchase and inherit by the right of his wife 7 9 Edw. 4. 11 14 Henrie 7. 2. The Statute of 25 Edw. 3. is to bee restrained unto proper inheritance onely viz. That no person born out of the Allegiance of England whose father and mother were not of the same Allegiance at the time of his birth shall not demand inheritance within the same Allegiance 3. This Statute toucheth not the Crown nor any except express mention bee made thereof 4. The Crown cannot properly bee called an inheritance of Allegiance or within Allegiance beeing held immediately from God 5. The Statute meaneth inheritance by descent onely but the Crown is a thing incorporate and therefore goeth as by Succession Now if a Prior Dean c. or other head incorparate though an alien may inherit or demand Lands in England notwithstanding the Statute much more may the Inheritor to the Crown 6. Express exception is made in the Statues of Enfants du Roi which word cannot but include all the King's off-spring and blood-Roial 7. King Stephen and Henry 2. born out of the Realm and of parents that were not of the Allegiance of England when they were born were yet admitted to the Crown without contradiction which argueth that by the cours of the Common Law there was no such stop against Aliens and that if the Statute would have abridged the antient libertie in this case of Succession it would have made special mention there which it doth not The King of Scots excluded by the last Will of Henry 8. Henry 8. his Will whereby he excludeth the off-spring of Margaret S. 4. Which though somwhat infringed by the testimony of two