That the lawful successor cannot be debarr'd from succeeding to the crown maintain'd against Dolman, Buchannan, and others / by George Mackenzie ...
         Mackenzie, George, Sir, 1636-1691.
      
       
         
           1684
        
      
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             That the lawful successor cannot be debarr'd from succeeding to the crown maintain'd against Dolman, Buchannan, and others / by George Mackenzie ...
             Mackenzie, George, Sir, 1636-1691.
          
           [4], 60, 16 p.
           
             Printed by the heir of Andrew Anderson ...,
             Edinbvrgh :
             1684.
          
           
             Errata: prelim. p. [4].
             R. Doleman was the pseudonym of Robert Parsons.
             Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library.
          
        
      
    
     
       
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         eng
      
       
         
           Parsons, Robert, 1546-1610.
           Kings and rulers -- Succession.
        
      
    
     
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           THAT
           THE
           Lawful
           Successor
           Cannot
           be
           DEBARR'D
           From
           Succeeding
           to
           the
           CROWN
           :
           Maintain'd
           against
           
             Dolman
             ,
             Buchannan
          
           ,
           and
           others
           .
        
         
           BY
           Sir
           
             GEORGE
             MACKENZIE
          
           His
           Majesties
           Advocat
           .
        
         
           EDINBVRGH
           ,
           Printed
           by
           the
           Heir
           of
           
             Andrew
             Anderson
          
           ,
           Printer
           to
           His
           most
           Sacred
           Majesty
           ,
           
             Anno
             DOM.
          
           1684.
           
        
      
       
         
         
         
           King
           James
           In
           His
           Advice
           to
           Prince
           Henry
           .
        
         
           
             Page
             173.
             
          
           IF
           God
           give
           you
           not
           Succession
           ,
           Defraud
           never
           the
           nearest
           by
           Right
           ,
           whatsoever
           conceit
           ye
           have
           of
           the
           Person
           ;
           for
           Kingdoms
           are
           eve●
           at
           Gods
           Disposition
           ,
           and
           in
           that
           Case
           we
           are
           but
           Liferenters
           ,
           it
           lying
           no
           more
           in
           the
           Kings
           ,
           than
           in
           the
           Peoples
           Hands
           to
           Dispossess
           the
           Righteous
           Heir
           .
        
         
           
             Page
             209.
             
             Ibid.
             
          
           FOr
           at
           the
           very
           moment
           of
           the
           Expyring
           of
           the
           King
           Reigning
           ,
           the
           nearest
           and
           Lawful
           Heir
           entereth
           in
           his
           place
           ;
           and
           so
           to
           refuse
           him
           ,
           or
           intrude
           another
           ,
           is
           not
           to
           hold
           out
           the
           Successor
           from
           coming
           in
           ,
           but
           to
           expel
           and
           put
           out
           their
           Righteous
           
           King
           :
           and
           I
           trust
           at
           this
           time
           whole
           France
           acknowledgeth
           the
           Rebellion
           of
           the
           Leaguers
           ,
           who
           upon
           pretence
           of
           Heresie
           by
           force
           of
           Arms
           ,
           held
           so
           long
           out
           ,
           to
           the
           great
           Desolation
           of
           their
           whole
           Countrey
           ,
           their
           Native
           and
           Righteous
           King
           from
           possessing
           his
           own
           Crown
           and
           natural
           Kingdom
           .
        
      
       
         
           ERRATA
           .
        
         
           Page
           5.
           delet
           at
           his
           Majority
           .
           Page
           33.
           for
           Richard
           3d.
           Read
           ad
           .
        
      
    
     
       
         
         
           The
           Right
           of
           the
           Succession
           Defended
           .
        
         
           THe
           fourth
           Conclusion
           to
           be
           cleared
           was
           ,
           that
           neither
           the
           People
           ,
           not
           Parliaments
           of
           this
           Kingdom
           ,
           could
           seclude
           the
           lineall
           Successor
           ,
           or
           could
           raise
           to
           the
           throne
           any
           other
           of
           the
           same
           Royal
           line
           .
        
         
           For
           clearing
           whereof
           ,
           I
           shall
           according
           to
           my
           former
           method
           ,
           first
           clear
           what
           is
           our
           positive
           Law
           in
           this
           case
           ;
           Secondly
           I
           shall
           shew
           that
           this
           our
           Law
           is
           founded
           upon
           excellent
           reason
           ,
           and
           lastly
           ,
           I
           shall
           answer
           the
           objections
           .
        
         
           As
           to
           the
           first
           .
           It
           is
           by
           the
           second
           Act
           of
           our
           last
           Parliament
           acknowledged
           ,
           
             That
             the
             Kings
             of
             this
             realme
             deriving
             their
             Royal
             power
             from
             God
             Almighty
             alone
             ,
             do
             lineally
             succeed
             therto
             ,
             according
             to
             the
             known
             degrees
             of
             proximitie
             in
             blood
             ,
             which
             cannot
             be
             interrupted
             ,
             suspended
             or
             diverted
             by
             any
             Act
             or
             Statut
             whatsoever
             ,
             and
             that
             none
             can
             attempt
             to
             alter
             or
             divert
             the
             said
             Succession
             ,
             without
             involving
             the
             subjects
             of
             this
             Kingdom
             in
             Perjury
             and
             Rebellion
             ,
             and
             without
             exposing
             them
             to
             all
             the
             fatal
             and
             dreadful
             consequences
             of
             a
             civil
             warr
             ,
             Do
             THEREFORE
             from
             a
             hearty
             and
             sincere
             sense
             of
             their
             duty
             Recognize
             ,
             acknowledge
             and
             declare
             that
             the
             right
             to
             the
             Imperial
             Crown
             of
             this
             realme
             ,
             is
             by
             the
             inherent
             
             right
             and
             the
             nature
             of
             Monarchy
             ,
             as
             well
             as
             by
             the
             fundamental
             and
             unalterable
             laws
             of
             this
             realme
             ,
             transmitted
             and
             devolved
             by
             a
             lineal
             Succession
             ,
             according
             to
             the
             proximity
             of
             blood
             .
             And
             that
             upon
             the
             death
             of
             the
             King
             or
             Queen
             ,
             who
             actually
             reignes
             ,
             the
             Subjects
             of
             this
             Kingdom
             are
             bound
             by
             Law
             ,
             duty
             and
             alledgance
             to
             obey
             the
             nixt
             immediat
             and
             Lawful
             Heir
             either
             male
             or
             female
             ,
             upon
             whom
             the
             right
             and
             administration
             of
             the
             Government
             is
             immediatly
             devolved
             .
             And
             that
             no
             difference
             in
             Religion
             ,
             nor
             no
             Law
             nor
             Act
             of
             Parliament
             made
             ,
             or
             to
             be
             made
             ,
             can
             alter
             or
             divert
             the
             right
             of
             Succession
             and
             lineal
             descent
             of
             the
             Crown
             to
             the
             nearest
             and
             Lawful
             Heirs
             ,
             according
             to
             the
             degrees
             foresaids
             :
             nor
             can
             stop
             or
             hinder
             them
             in
             the
             full
             ,
             free
             and
             actuall
             administration
             of
             the
             Government
             according
             to
             the
             Laws
             of
             the
             Kingdom
             .
             LIKE
             AS
             OUR
             SOVERAIGNE
             LORD
             ,
             with
             advice
             and
             consent
             of
             the
             saids
             Estates
             of
             Parliament
             ,
             Do
             declare
             it
             is
             high
             treason
             in
             any
             of
             the
             Subjects
             of
             this
             Kingdom
             ,
             by
             writing
             ,
             speaking
             ,
             or
             any
             other
             manner
             of
             way
             to
             endeavour
             the
             alteration
             ,
             suspension
             or
             diversion
             of
             the
             said
             right
             of
             Succession
             ,
             or
             the
             debarring
             the
             next
             Lawfull
             Successor
             from
             the
             immediat
             ,
             actual
             ,
             full
             and
             free
             
             administration
             of
             the
             Government
             ,
             conform
             to
             the
             Laws
             of
             the
             Kingdom
             .
             And
             that
             all
             such
             attempts
             or
             designes
             shall
             inferre
             against
             them
             the
             paine
             of
             treason
             .
          
        
         
           This
           being
           not
           only
           ane
           Act
           of
           Parliament
           ,
           declaring
           all
           such
           as
           shall
           endeavour
           to
           alter
           the
           Succession
           ,
           to
           be
           punishable
           ,
           as
           Traitors
           ;
           but
           containing
           in
           it
           a
           Decision
           of
           this
           Point
           by
           the
           Parliament
           ,
           as
           the
           Supream
           Judges
           of
           the
           nation
           ,
           and
           ane
           acknowledgement
           by
           them
           ,
           as
           the
           representatives
           of
           the
           people
           ,
           and
           nation
           .
           There
           can
           be
           no
           place
           for
           questioning
           a
           point
           ,
           which
           they
           have
           plac'd
           beyond
           all
           contraversie
           :
           especially
           seing
           it
           past
           so
           unanimously
           that
           there
           was
           not
           only
           no
           vote
           given
           but
           even
           no
           argument
           propon'd
           against
           it
           .
           And
           the
           only
           doubt
           mov'd
           about
           it
           was
           ,
           whither
           any
           Act
           of
           Parliament
           ,
           or
           acknowledgement
           ,
           was
           necessary
           ,
           in
           a
           point
           which
           was
           in
           it self
           so
           uncontraverted
           .
           And
           which
           all
           who
           were
           not
           desperat
           fanaticks
           ,
           did
           conclude
           to
           be
           so
           in
           this
           nation
           ,
           even
           after
           they
           had
           hear'd
           all
           the
           arguments
           that
           were
           us'd
           ,
           and
           the
           Pamphlets
           that
           were
           written
           against
           it
           ,
           in
           our
           neighbour-Kingdom
           .
        
         
           But
           because
           so
           much
           noise
           has
           been
           made
           about
           this
           question
           ,
           and
           that
           blind
           bigotry
           leads
           some
           ,
           and
           humorous
           faction
           drawes
           others
           out
           of
           the
           common
           road
           .
           I
           conceive
           it
           
           will
           be
           fit
           to
           remember
           my
           reader
           of
           these
           following
           reasons
           ,
           which
           will
           I
           hope
           clear
           that
           as
           this
           is
           our
           present
           positive
           Law
           ,
           so
           it
           is
           established
           upon
           the
           fundamental
           constitution
           of
           our
           Government
           ,
           upon
           our
           old
           Laws
           ,
           upon
           the
           Laws
           of
           God
           ,
           of
           Nature
           ,
           of
           Nations
           ,
           and
           particularly
           of
           the
           Civil
           Law.
           
        
         
           As
           to
           the
           fundamental
           constitution
           of
           our
           Government
           ,
           I
           did
           formerly
           remark
           ,
           that
           our
           Historians
           tell
           us
           ,
           that
           the
           Scots
           did
           swear
           alledgeance
           to
           FERGUS
           ,
           who
           was
           the
           first
           of
           our
           Kings
           ,
           and
           to
           his
           Heirs
           .
           And
           that
           they
           should
           never
           obey
           any
           other
           ,
           but
           his
           Royal
           Race
           .
           Which
           Oath
           does
           in
           Law
           ,
           and
           reason
           ,
           bind
           them
           to
           obey
           the
           lineal
           Successor
           ,
           according
           to
           the
           proximity
           of
           Blood.
           For
           ane
           indefinite
           obligation
           to
           obey
           the
           blood
           Royal
           ,
           must
           be
           interpreted
           according
           to
           the
           proximity
           in
           Blood
           ,
           except
           the
           swearers
           had
           reserv'd
           to
           themselves
           a
           power
           to
           choose
           any
           of
           the
           Royal
           Familie
           ,
           whom
           they
           pleas'd
           ,
           which
           is
           so
           true
           ,
           that
           in
           Law
           ,
           ane
           obligation
           granted
           to
           any
           man
           ,
           does
           in
           the
           construction
           of
           Law
           accresce
           to
           his
           Heirs
           ,
           though
           they
           be
           not
           exprest
           .
           
             Qui
             sibi
             providet
             ,
             &
             haeredibus
             providet
             .
          
           And
           Boethius
           tells
           us
           that
           after
           King
           FERGUS'S
           death
           ,
           the
           Scots
           finding
           their
           new
           Kingdom
           infested
           with
           warrs
           ,
           under
           the
           powerful
           influence
           of
           
             Picts
             ,
             
             Romans
          
           ,
           and
           Britans
           ,
           they
           refus'd
           notwithstanding
           to
           preferre
           the
           next
           of
           the
           Royal
           Race
           ,
           who
           was
           of
           perfect
           age
           ,
           and
           a
           man
           of
           great
           merit
           ,
           to
           the
           Son
           of
           King
           FERGUS
           ,
           though
           ane
           infant
           ;
           which
           certainly
           in
           reason
           they
           would
           have
           done
           ,
           if
           they
           had
           not
           been
           ty'd
           to
           the
           lineal
           Successor
           .
           But
           lest
           the
           Kingdom
           should
           be
           prejudg'd
           during
           the
           minority
           ,
           they
           enacted
           ,
           that
           for
           the
           future
           ,
           the
           next
           of
           the
           Blood
           Royal
           should
           alwayes
           in
           the
           minority
           of
           our
           Kings
           administrat
           as
           Kings
           ,
           till
           the
           true
           Heir
           were
           of
           perfect
           age
           .
           But
           this
           does
           not
           prove
           ,
           as
           Buchannan
           pretends
           ,
           that
           the
           people
           had
           power
           to
           advance
           to
           the
           Throne
           ,
           any
           of
           the
           Royal
           Race
           :
           whom
           they
           judg'd
           most
           fit
           ,
           for
           common
           sense
           may
           tell
           us
           ,
           that
           was
           not
           to
           choose
           a
           King
           ,
           but
           a
           Vice-Roy
           ,
           or
           a
           Regent
           .
           For
           ,
           though
           to
           give
           him
           the
           more
           authority
           ,
           and
           so
           to
           enable
           him
           the
           more
           to
           curb
           factions
           ,
           and
           oppose
           enimies
           ,
           he
           was
           called
           King
           ,
           yet
           he
           was
           but
           
             Rex
             fidei
             Commissarius
          
           ,
           being
           oblidg'd
           to
           restore
           it
           to
           the
           true
           Heir
           at
           his
           majority
           :
           and
           so
           Governed
           only
           in
           his
           Vice
           ,
           and
           consequently
           was
           only
           his
           Vice-roy
           .
        
         
           But
           because
           the
           Uncles
           ,
           and
           next
           Heirs
           being
           once
           admitted
           to
           this
           
             fidei
             Commissarie
          
           tittle
           ,
           were
           unwilling
           to
           restore
           the
           Crown
           to
           their
           Nephews
           ,
           and
           sometimes
           murder'd
           
           them
           :
           and
           oftetimes
           rais'd
           factions
           against
           them
           .
           Therefore
           the
           People
           abhorring
           these
           impieties
           ,
           and
           weary
           of
           the
           distractions
           ,
           and
           divisions
           ,
           which
           they
           occasion'd
           ,
           beg'd
           from
           King
           KENNETH
           the
           second
           ,
           that
           these
           following
           Laws
           might
           be
           made
           .
        
         
           1.
           
           That
           upon
           the
           Kings
           death
           the
           next
           Heir
           of
           whatsoever
           age
           should
           succeed
           .
        
         
           2.
           
           The
           Grand-childe
           either
           by
           Son
           or
           Daughter
           should
           be
           preferr'd
           .
        
         
           3.
           
           That
           till
           the
           King
           arriv'd
           at
           14
           years
           of
           age
           ,
           some
           Wise-man
           should
           be
           choos'd
           to
           Govern
           ,
           after
           which
           ,
           the
           King
           should
           enter
           to
           the
           free
           administration
           ,
           and
           according
           to
           this
           constitution
           ,
           some
           fit
           Person
           has
           still
           been
           choos'd
           Regent
           in
           the
           Kings
           minority
           ,
           without
           respect
           to
           the
           proximity
           of
           Blood
           ,
           and
           our
           Kings
           have
           been
           oftentimes
           Crown'd
           in
           the
           Cradle
           .
        
         
           In
           conformity
           also
           to
           these
           principles
           ,
           all
           the
           acknowledgements
           made
           to
           our
           Kings
           ,
           run
           still
           in
           favours
           of
           the
           King
           ,
           and
           his
           Heirs
           .
           As
           in
           the
           first
           Act
           Parl.
           18.
           
           JAMES
           VI.
           and
           the
           II
           ,
           III
           ,
           IV.
           Acts
           Parl.
           1.
           
           CHARLES
           II.
           And
           by
           our
           Oath
           of
           Alledgeance
           ,
           we
           are
           bound
           to
           bear
           faithful
           and
           true
           alledgeance
           to
           his
           Majesty
           ,
           his
           Heirs
           and
           Lawful
           Successors
           ;
           which
           word
           LAWFUL
           ,
           is
           insert
           ,
           to
           cutt
           off
           the
           pretexts
           of
           such
           as
           should
           not
           
           succeed
           by
           Law
           ,
           and
           the
           insolent
           arbitrarieness
           of
           such
           ,
           as
           being
           but
           subjects
           themselves
           ,
           think
           they
           may
           choose
           their
           King.
           viz.
           Act
           1.
           
           Parl.
           21.
           
           JAMES
           6.
           
        
         
           That
           this
           right
           of
           Succession
           according
           to
           the
           proximity
           of
           blood
           ,
           is
           founded
           on
           the
           Law
           of
           God
           ,
           is
           clear
           by
           Num.
           Chap.
           27.
           v.
           9.
           and
           10.
           
           
             If
             a
             man
             hath
             no
             Son
             or
             Daughter
             ,
             his
             inheritance
             shall
             descend
             upon
             his
             Brother
             ,
          
           ;
           by
           Num.
           36.
           
           Where
           ,
           God
           himself
           decides
           in
           favours
           of
           the
           Daughters
           of
           Zelophehad
           ,
           telling
           us
           ,
           it
           was
           a
           just
           thing
           ,
           they
           should
           have
           the
           inheritance
           of
           their
           father
           .
           And
           ordaines
           ,
           that
           if
           there
           were
           no
           Daughters
           ,
           the
           estate
           should
           go
           to
           the
           Brothers
           .
           Saint
           Paul
           likewayes
           concluds
           Rom.
           8.
           
           If
           Sons
           ,
           then
           Heirs
           ,
           looking
           upon
           that
           ,
           as
           a
           necessary
           consequence
           ;
           which
           if
           it
           do
           not
           necessarly
           hold
           ,
           or
           can
           be
           any
           way
           disappointed
           ,
           all
           his
           divine
           reasoning
           in
           that
           Chapter
           falls
           to
           nothing
           .
           And
           thus
           
             Ahaziah
             2
             Chron.
             22.
             v.
          
           1.
           was
           made
           King
           (
           though
           the
           youngest
           )
           in
           his
           Fathers
           stead
           ;
           because
           sayes
           the
           text
           ,
           
             the
             Arabians
             had
             slain
             all
             the
             eldest
             :
          
           which
           clearly
           shews
           that
           by
           the
           Law
           of
           God
           ,
           he
           could
           not
           have
           succeeded
           ,
           if
           the
           eldest
           had
           been
           alive
           .
           We
           hear
           likewayes
           in
           Scripture
           ,
           God
           oft
           telling
           ,
           
             By
             me
             Kings
             reigne
          
           .
           
           And
           when
           he
           gives
           a
           Kingdom
           to
           any
           as
           to
           
             Abraham
             ,
             David
          
           ,
           &c.
           
           He
           gives
           it
           to
           them
           and
           their
           posterity
           .
        
         
           That
           this
           right
           of
           Succession
           flowes
           from
           the
           Law
           of
           nature
           ,
           is
           clear
           ;
           because
           ,
           that
           is
           accounted
           to
           flow
           from
           the
           Law
           of
           nature
           ,
           which
           every
           man
           finds
           grafted
           in
           his
           own
           heart
           ,
           and
           which
           is
           obey'd
           without
           any
           other
           Law
           ,
           and
           for
           which
           men
           neither
           seek
           nor
           can
           give
           another
           distinct
           reason
           ;
           all
           which
           hold
           in
           this
           case
           :
           for
           who
           doubts
           when
           he
           heares
           of
           ane
           hereditary
           Monarchy
           ,
           but
           that
           ,
           the
           next
           in
           blood
           must
           Succeed
           ;
           and
           for
           which
           we
           need
           no
           positive
           Law
           ,
           nor
           does
           any
           man
           enquire
           for
           a
           further
           reason
           ,
           being
           satisfied
           therein
           by
           the
           principles
           of
           his
           own
           heart
           .
           And
           from
           this
           ground
           it
           is
           ,
           that
           though
           a
           remoter
           Kinsman
           did
           possess
           as
           Heir
           ,
           he
           could
           by
           no
           length
           of
           time
           prescribe
           a
           valide
           right
           ;
           since
           no
           man
           ,
           as
           Lawyers
           conclude
           ,
           can
           prescribe
           a
           right
           against
           the
           Law
           of
           nature
           :
           and
           that
           this
           principle
           is
           founded
           thereupon
           is
           confest
           
             l
             :
             cùm
             ratio
             naturalis
             ff
             .
             de
             bonis
             damnat
             :
             cùm
             ratio
             naturalis
             ,
             quasi
             lex
             quaedum
             tacita
             ,
             liberis
             parentum
             haereditatem
             adjecerit
             ,
             veluti
             ad
             debitam
             successionem
             eos
             vocando
             :
             propter
             quod
             suorum
             haeredum
             nomen
             eis
             indultum
             est
             ;
             adeo
             ut
             ne
             a
             parentibus
             
             quidem
             ,
             ab
             eâ
             successione
             amoveri
             possint
             .
             Et
             §
             .
             emancipati
          
           Institut
           :
           de
           haered
           :
           
             quae
             ab
          
           intest
           .
           
             Praetor
             naturalem
             aequitatem
             sequutus
             ,
             iis
             etiám
             bonorum
             possessionem
             contra
             12
             tabularum
             leges
             ,
             &
             contra
             jus
             civile
             permittit
             .
          
           Which
           text
           shewes
           likewayes
           ,
           that
           this
           right
           of
           nature
           was
           stronger
           than
           the
           Laws
           of
           the
           12
           Tables
           ,
           though
           these
           were
           the
           most
           ancient
           and
           chief
           Statutes
           of
           Rome
           .
           Which
           principle
           is
           very
           clear
           likewayes
           from
           the
           Parable
           ,
           Math.
           21.
           
           Where
           the
           Husband-men
           who
           can
           be
           presum'd
           to
           understand
           nothing
           but
           the
           Law
           of
           nature
           ,
           are
           brought
           in
           saying
           ,
           
             this
             is
             the
             Heir
             ,
             let
             us
             kill
             him
             and
             seaze
             on
             his
             inheritance
             .
          
           Nor
           does
           this
           hold
           only
           in
           the
           Succession
           of
           Children
           or
           the
           direct
           line
           ,
           but
           in
           the
           collateral
           Succession
           of
           Brothers
           and
           others
           
             L.
             hac
             parte
             ff
             .
             unde
             cognati
             .
             Hac
             parte
             proconsul
             Naturali
             aequitate
             motus
             ,
             omnibus
             cognatis
             permittit
             bonorum
             possessionem
             quos
             sanguinis
             ratio
             Vocat
             ad
             haereditatem
             .
          
           Vid.
           
             l.
             1.
             ff
             .
             aegrad
             .
             &
             l.
             1.
             
             §
             .
             hoc
             autem
             ff
             .
             de
             bonor
             .
             possess
             .
          
           And
           these
           who
           are
           now
           Brothers
           to
           the
           present
           King
           ,
           have
           been
           Sones
           to
           the
           former
           :
           and
           therefore
           whatever
           has
           been
           said
           for
           Sones
           ,
           is
           also
           verified
           in
           Brothers
           .
           As
           for
           instance
           ,
           though
           his
           Royal
           Highness
           be
           only
           Brother
           to
           King
           
           CHARLES
           the
           II.
           ,
           yet
           he
           is
           Son
           to
           King
           CHARLES
           I.
           and
           therefore
           ,
           as
           Saint
           Paul
           sayes
           ,
           if
           a
           Son
           ,
           then
           ane
           Heir
           ,
           except
           he
           be
           secluded
           by
           the
           existence
           and
           Succession
           of
           ane
           elder
           Brother
           .
        
         
           That
           this
           gradual
           Succession
           is
           founded
           on
           the
           Law
           of
           nations
           ,
           is
           as
           clear
           by
           the
           Laws
           of
           the
           12
           Tables
           ,
           and
           the
           Praetorian
           Law
           of
           Rome
           .
           And
           if
           we
           consider
           the
           Monarchy
           either
           old
           or
           new
           ,
           we
           will
           find
           ,
           that
           wherever
           the
           Monarchy
           was
           not
           elective
           ,
           the
           degrees
           of
           succession
           were
           there
           exactly
           observed
           .
           And
           Bodinus
           de
           Republ.
           lib.
           6
           Cap.
           5.
           asserts
           ,
           that
           ,
           
             Ordo
             non
             tantum
             naturae
             &
             divinae
             sed
             etiam
             omnium
             ubique
             gentium
             hoc
             postulat
             .
          
           From
           all
           which
           ,
           Pope
           Innocent
           in
           c.
           grand
           .
           
             de
             supplend
             .
             neglig
             .
             praelati
          
           concludes
           ,
           
             In
             regnis
             haereditariis
             caveri
             non
             potest
             ne
             filius
             aut
             frater
             succedat
             .
          
           And
           since
           it
           is
           expresly
           determined
           ,
           that
           the
           right
           of
           blood
           can
           be
           taken
           away
           by
           no
           positive
           Law
           or
           Statute
           
             L.
             Jura
             Sanguinis
             ff
             .
             de
             Reg.
             jur
             .
             &
             L.
             4.
             ff
             .
             de
             suis
             legitim
             .
          
           and
           that
           the
           power
           of
           making
           a
           Testament
           ,
           can
           be
           taken
           away
           by
           no
           Law
           
             L.
             ita
             legatum
             ff
             .
             de
             conditionibus
             .
          
           I
           cannot
           see
           how
           the
           right
           of
           Succession
           can
           be
           taken
           away
           by
           a
           Statute
           :
           for
           that
           is
           the
           same
           with
           the
           right
           of
           Blood
           ,
           
           and
           is
           more
           strongly
           founded
           upon
           the
           Law
           of
           nature
           ,
           than
           the
           power
           of
           making
           Testaments
           .
        
         
           Since
           then
           this
           right
           is
           founded
           upon
           the
           Law
           of
           God
           ,
           of
           nature
           and
           of
           nations
           ,
           it
           does
           clearly
           follow
           ,
           that
           no
           Parliament
           can
           alter
           the
           same
           by
           their
           municipal
           Statutes
           ,
           as
           our
           Act
           of
           Parliament
           has
           justly
           observed
           .
        
         
           For
           clearing
           whereof
           ,
           it
           is
           fit
           to
           consider
           ,
           that
           in
           all
           powers
           and
           jurisdictions
           which
           are
           subordinat
           to
           one
           another
           ,
           the
           Inferiour
           should
           obey
           ,
           but
           not
           alter
           the
           power
           to
           which
           it
           is
           subordinat
           ;
           and
           what
           it
           does
           contrary
           thereto
           ,
           is
           null
           and
           void
           .
           And
           thus
           ,
           if
           the
           judges
           of
           England
           should
           publish
           edicts
           contrare
           to
           Acts
           of
           Parliament
           ,
           or
           if
           a
           Justice
           of
           Peace
           should
           ranverse
           a
           decree
           of
           the
           judges
           of
           West-minster
           ,
           these
           their
           endeavours
           would
           be
           void
           and
           ineffectual
           .
           But
           so
           it
           is
           ,
           that
           by
           the
           same
           principle
           ,
           but
           in
           ane
           infinitly
           more
           transcendent
           way
           ,
           all
           Kings
           and
           Parliaments
           are
           subordinat
           to
           the
           Laws
           of
           God
           ,
           the
           Laws
           of
           Nature
           ,
           and
           the
           Laws
           of
           Nations
           :
           And
           therefore
           no
           Act
           of
           Parliament
           can
           be
           binding
           ,
           to
           overturn
           what
           these
           have
           established
           .
        
         
           This
           ,
           as
           to
           the
           Law
           of
           God
           ,
           is
           clear
           ,
           not
           only
           from
           the
           general
           dictats
           of
           Religion
           ,
           
           but
           28
           Hen.
           8.
           cap.
           7.
           the
           Parliament
           uses
           these
           words
           ,
           
             For
             no
             man
             can
             dispence
             with
             Gods
             Laws
             ;
             which
             we
             also
             affirme
             and
             think
             .
          
           And
           as
           to
           the
           Laws
           of
           nature
           ,
           they
           must
           be
           acknowledged
           to
           be
           immutable
           ,
           from
           the
           principles
           of
           reason
           .
           And
           the
           Law
           it self
           confesses
           that
           
             naturalia
             quaedam
             jura
             quae
             apud
             omnes
             gentes
             peraequè
             observantur
             ,
             divina
             quadam
             providentia
             constituta
             semper
             firma
             ,
             atque
             immutabilia
             permanent
             §
             .
             sed
             naturalia
             Institut
             .
             de
             Jur
             ,
             Natural
             .
             &
             §
             .
             singulorum
             de
             rer
             .
             divis
             :
          
           And
           when
           the
           Law
           declares
           ,
           that
           a
           Supream
           Prince
           is
           free
           from
           the
           obligation
           of
           Laws
           ,
           
             Solutus
             legibus
          
           ,
           which
           is
           the
           highest
           power
           that
           a
           Parliament
           can
           pretend
           to
           ,
           or
           arrive
           at
           ;
           Yet
           Lawyers
           still
           acknowledge
           that
           this
           does
           not
           exeem
           these
           Supream
           powers
           from
           being
           lyable
           to
           the
           Laws
           of
           God
           ,
           nature
           and
           nations
           ,
           
             Accurs
             :
             in
             l.
             Princeps
             ff
             .
             de
             Leg.
          
           Clementina
           
             pasturalis
             de
             re
             judicatâ
          
           Bart.
           
             in
             l.
             ut
             vim
             de
             justitiâ
             &
             jure
          
           Voet.
           
             de
             Statutis
          
           Sect.
           5.
           
           Cap.
           1.
           nor
           can
           the
           Law
           of
           nations
           be
           overturned
           by
           private
           Statutes
           ,
           or
           any
           Supream
           power
           .
           And
           thus
           all
           Statuts
           to
           the
           prejudice
           of
           Ambassadours
           ,
           who
           are
           secured
           by
           the
           Law
           of
           nations
           ,
           are
           confess'd
           by
           all
           to
           be
           null
           ,
           and
           the
           highest
           power
           whatsoever
           cannot
           take
           off
           the
           necessity
           
           of
           denuncing
           warr
           before
           a
           warr
           can
           be
           Lawful
           .
           And
           Lawyers
           observe
           verie
           well
           ,
           that
           these
           who
           would
           oppose
           the
           common
           dictats
           of
           mankind
           ,
           should
           be
           look't
           upon
           as
           enemies
           to
           all
           mankind
           .
        
         
           My
           second
           argument
           shall
           be
           ,
           that
           the
           King
           &
           Parliament
           can
           have
           no
           more
           power
           in
           Parliament
           than
           any
           absolute
           Monarch
           has
           in
           his
           own
           Kingdom
           :
           for
           ,
           they
           are
           when
           joyn'd
           ,
           but
           in
           place
           of
           the
           Supream
           power
           ,
           sitting
           in
           judgement
           ;
           and
           therefore
           they
           cannot
           in
           Law
           do
           what
           any
           other
           Supream
           and
           absolute
           Monarch
           cannot
           do
           .
           For
           all
           the
           power
           of
           Parliaments
           consists
           only
           in
           their
           consent
           ,
           but
           we
           must
           not
           think
           ,
           that
           our
           Parliaments
           have
           ane
           unlimited
           power
           
             de
             jure
          
           ,
           so
           ,
           as
           that
           they
           may
           forfeit
           or
           kill
           without
           a
           cause
           or
           decerne
           against
           the
           Subjects
           without
           citing
           or
           hearing
           them
           ;
           or
           ,
           that
           they
           can
           alienat
           any
           part
           of
           de
           Kingdom
           ;
           or
           Subject
           the
           wholl
           Kingdom
           to
           France
           or
           any
           other
           Forraigne
           Prince
           :
           all
           which
           deeds
           would
           be
           null
           in
           themselves
           ,
           and
           would
           not
           hinder
           the
           partie
           injur'd
           from
           a
           due
           redress
           .
           For
           if
           our
           Parliaments
           had
           such
           power
           ,
           we
           would
           be
           the
           greatest
           slaves
           ,
           and
           live
           under
           the
           most
           arbitrary
           Government
           imaginable
           .
           But
           so
           it
           is
           ,
           that
           no
           Monarch
           whosoever
           can
           take
           from
           any
           man
           what
           is
           
           due
           to
           him
           ,
           by
           the
           Law
           of
           God
           ,
           nature
           ,
           and
           nations
           .
           For
           being
           himself
           inferiour
           to
           these
           he
           cannot
           overturne
           their
           statuts
           .
           Thus
           a
           Prince
           cannot
           even
           
             ex
             plenitudine
             potestatis
             legitimat
          
           a
           Bastard
           
             in
             prejudice
          
           of
           former
           children
           though
           they
           have
           only
           but
           a
           hope
           of
           Succession
           
             l.
             4.
             &
             sequen
             de
             natal
             .
             restituend
             .
          
           and
           for
           the
           same
           reason
           ,
           it
           is
           declared
           in
           the
           same
           Law
           ,
           that
           he
           cannot
           restore
           a
           free'd
           man
           
             (
             restituere
             libertum
             natalibus
          
           )
           in
           prejudice
           of
           his
           Patron
           ,
           who
           was
           to
           succeed
           ,
           though
           that
           succession
           was
           but
           by
           a
           municipal
           Law.
           For
           clearing
           which
           question
           ,
           It
           is
           fit
           to
           know
           that
           the
           solid
           lawyers
           who
           treat
           
             jus
             publicum
          
           ,
           as
           ARNISAEUS
           and
           others
           ,
           do
           distinguish
           betwixt
           such
           Kingdoms
           ,
           as
           were
           at
           first
           conferr'd
           by
           the
           People
           ,
           and
           wherein
           the
           Kings
           succeed
           by
           contract
           ,
           and
           in
           these
           ,
           the
           Laws
           made
           by
           King
           and
           People
           can
           exclude
           ,
           or
           bind
           the
           Successor
           .
           And
           yet
           even
           here
           ,
           they
           confess
           ,
           that
           this
           proceeds
           not
           ,
           because
           the
           Predecessor
           can
           bind
           the
           Successor
           ,
           but
           because
           the
           People
           renew
           the
           paction
           with
           the
           succeeding
           King.
           But
           where
           the
           Successor
           is
           to
           succeed
           
             ex
             jure
             regni
          
           ,
           in
           hereditary
           Monarchies
           ,
           there
           they
           assert
           positively
           that
           the
           Predecessor
           cannot
           prejudge
           the
           Successors
           right
           of
           Succession
           .
           Which
           they
           prove
           by
           two
           
           arguments
           .
           First
           ,
           that
           the
           Predecessor
           has
           no
           more
           power
           ,
           nor
           right
           ,
           than
           the
           Successor
           :
           for
           the
           same
           right
           ,
           that
           the
           present
           King
           has
           to
           the
           possession
           ,
           the
           next
           in
           Blood
           has
           to
           the
           Succession
           .
           And
           all
           our
           Laws
           run
           in
           favours
           of
           the
           King
           ,
           and
           his
           Heirs
           ,
           and
           no
           man
           can
           tye
           his
           equal
           ,
           or
           give
           him
           the
           Law
           ,
           
             par
             in
             parem
             non
             habet
             dominium
             .
          
           The
           second
           is
           ,
           that
           it
           were
           unjust
           and
           unequitable
           that
           the
           Predecessor
           should
           robbe
           his
           Successor
           
             nulla
             ergo
          
           (
           sayes
           
             Arnisaeus
             Cap.
             7.
             
             Num.
             5.
             )
             clausula
             Successori
             jus
             auferri
             potest
             ,
             modò
             succedat
             ille
             ex
             jure
             regni
             .
          
           And
           
             Hottoman
             :
             lib.
             2.
             de
             Regno
             Galliae
          
           asserts
           ,
           that
           in
           France
           which
           is
           a
           very
           absolute
           Monarchy
           ,
           
             Eaquae
             jure
             Regio
             primogenito
             competunt
             ,
             ne
             Testamento
             quidem
             patris
             adimi
             possunt
             .
          
           And
           thus
           when
           the
           King
           of
           France
           design'd
           to
           break
           the
           Salique
           Law
           of
           Succession
           ,
           as
           in
           the
           Reigne
           of
           CHARLES
           the
           V.
           It
           was
           found
           impracticable
           by
           the
           three
           Estates
           ,
           and
           when
           Pyrrhus
           was
           to
           preferre
           his
           youngest
           Son
           to
           the
           Crown
           ,
           the
           Epirots
           following
           the
           Law
           of
           Nations
           ,
           and
           their
           own
           ,
           refus'd
           him
           ,
           
             Paus.
             lib.
          
           1.
           
           In
           the
           year
           1649.
           
           Also
           Amurat
           the
           grand
           Seignior
           ,
           having
           left
           the
           Turkish
           Empire
           to
           Han
           the
           Tartarian
           ,
           passing
           by
           his
           Brother
           Ibrahim
           ,
           the
           wholl
           Officers
           ▪
           of
           that
           State
           ,
           did
           unanimously
           Cancel
           that
           
           Testament
           ,
           and
           restore
           Ibrahim
           ,
           the
           true
           Heir
           tho
           a
           silly
           foole
           .
        
         
           Which
           shewes
           the
           opinion
           not
           only
           of
           Lawyers
           but
           of
           whole
           nations
           and
           Parliaments
           ;
           
             Tho
             
               vander
               Graaff
            
             ,
             an
             Hollander
             confesses
             ,
             that
             it
             is
             not
             Lawfull
             to
             choose
             any
             of
             his
             Sons
             to
             succeed
             him
             ,
             in
             which
             ,
             the
             general
             quiet
             of
             the
             Kingdom
             is
             much
             concerned
             .
             And
             therefore
             ,
             tho
             the
             next
             Heir
             were
             wiser
             ,
             braver
             ,
             and
             more
             generally
             beloved
             ;
             Yet
             the
             more
             immediat
             must
             be
             received
             ,
             as
             choos'd
             by
             God
             ,
             whither
             good
             or
             bad
             ,
             and
             as
             honored
             with
             his
             Character
             .
          
           And
           if
           Kings
           could
           have
           inverted
           their
           Succession
           ,
           and
           choos'd
           their
           own
           Successor
           Saint
           Lewis
           had
           preferr'd
           his
           own
           third
           Son
           to
           Lewis
           his
           eldest
           ,
           and
           Alfonsus
           King
           of
           Leon
           in
           Spaine
           ,
           had
           preferr'd
           his
           Daughters
           to
           Ferdinand
           his
           eldest
           Son.
           And
           Edward
           the
           VI.
           of
           England
           had
           preferr'd
           ,
           and
           did
           actually
           preferre
           the
           Lady
           
             Iean
             Gray
          
           to
           his
           Sisters
           Mary
           ,
           and
           Elizabeth
           .
           And
           if
           Successions
           especially
           of
           such
           great
           importance
           ,
           had
           not
           been
           fixed
           by
           immutable
           Laws
           of
           God
           ,
           and
           nature
           ,
           the
           various
           and
           unconstant
           inclinations
           of
           the
           present
           Governours
           ,
           especially
           when
           shaken
           by
           the
           importunity
           of
           Step-mothers
           and
           Mothers
           ,
           or
           clouded
           by
           the
           jealousie
           of
           flatterers
           ,
           or
           favourits
           ,
           had
           made
           the
           Nations
           whom
           they
           
           Governed
           ,
           very
           unhappy
           :
           and
           therefore
           ,
           God
           did
           very
           justly
           ,
           and
           wisely
           setle
           this
           Succession
           ,
           that
           both
           King
           and
           People
           might
           know
           ,
           that
           it
           is
           by
           him
           that
           Kings
           Reigne
           ,
           and
           Kingdoms
           are
           secur'd
           in
           Peace
           against
           faction
           .
           and
           it
           were
           strange
           ,
           that
           this
           should
           not
           hold
           in
           Kings
           ,
           since
           even
           amongst
           subjects
           the
           Honour
           and
           Nobility
           that
           is
           bestow'd
           upon
           a
           Man
           and
           his
           Heirs
           ,
           does
           so
           necessarly
           descend
           upon
           those
           Heirs
           ,
           that
           the
           Father
           ,
           or
           Predicessor
           cannot
           seclude
           the
           next
           Successor
           ,
           or
           derogat
           from
           his
           right
           ,
           either
           by
           renuncing
           ,
           resigning
           ,
           following
           base
           or
           meane
           Trades
           ,
           or
           any
           other
           :
           
             For
             say
             those
             Lawyers
             ,
             since
             he
             derives
             this
             right
             from
             his
             old
             Progenitors
             ,
             and
             owes
             it
             not
             to
             his
             Father
             ,
             his
             Fathers
             deed
             should
             not
             prejudge
             him
             therein
             .
          
           
             Fab.
             Cod.
             9.
             
             Tit.
             28.
             
             Def.
             1.
             
             Warnee
             ;
             Consil.
             20.
             
             Num.
          
           7.
           
           And
           as
           yet
           the
           Estates
           of
           Parliament
           in
           both
           Nations
           have
           no
           legislative
           power
           ,
           otherwayes
           than
           by
           assenting
           to
           what
           the
           King
           does
           ;
           so
           that
           if
           the
           King
           cannot
           himself
           make
           a
           Successor
           ,
           neither
           can
           they
           by
           consenting
           :
           and
           all
           that
           their
           consent
           could
           imply
           wold
           only
           be
           that
           ,
           they
           and
           their
           Successors
           should
           not
           oppose
           his
           nomination
           ,
           because
           of
           their
           consent
           .
           But
           that
           can
           never
           amount
           to
           a
           power
           of
           transferring
           the
           Monarchy
           from
           one
           branch
           
           to
           another
           ,
           which
           would
           require
           ,
           that
           the
           Transferrers
           ;
           or
           bestowers
           had
           the
           Supream
           power
           Originally
           in
           themselves
           ,
           
             nemo
             enim
             plus
             juris
             in
             alium
             transferre
             potest
             quàm
             ipse
             in
             se
             habet
             .
          
           And
           if
           the
           States
           of
           Parliament
           had
           this
           power
           Originally
           in
           themselves
           to
           bestow
           ,
           why
           might
           they
           not
           reserve
           it
           to
           themselves
           ?
           And
           so
           perpetuate
           the
           Government
           in
           their
           own
           hands
           :
           And
           this
           mov'd
           judge
           Jenkins
           in
           his
           treatise
           concerning
           the
           liberty
           and
           freedom
           of
           the
           subject
           ,
           pag.
           25.
           
           To
           say
           ,
           that
           
             no
             King
             can
             be
             Named
             ,
             or
             in
             any
             time
             made
             in
             this
             Kingdom
             ,
             by
             the
             People
             .
             A
             Parliament
             never
             made
             a
             King
             ,
             for
             there
             were
             Kings
             before
             there
             were
             Parliaments
             ,
             and
             Parliaments
             are
             summoned
             by
             the
             Kings
             writtes
             .
          
        
         
           Fourthly
           ,
           A
           King
           cannot
           in
           Law
           alienat
           his
           Crown
           ,
           as
           is
           undenyable
           in
           the
           opinion
           of
           all
           Lawyers
           ,
           and
           if
           he
           do
           ,
           that
           deed
           is
           voyd
           and
           null
           ,
           nor
           could
           he
           in
           Law
           consent
           to
           an
           Act
           of
           Parliament
           declaring
           that
           he
           should
           be
           the
           last
           King.
           And
           if
           such
           consents
           and
           Acts
           had
           been
           sufficient
           to
           bind
           Successors
           ,
           many
           silly
           Kings
           in
           several
           parts
           of
           Europe
           had
           long
           since
           been
           prevail'd
           upon
           ,
           to
           alter
           their
           Monarchy
           from
           Haereditarie
           to
           Elective
           ;
           or
           to
           turn
           it
           in
           a
           Common-wealth
           ;
           and
           therefore
           by
           the
           same
           reason
           ,
           they
           cannot
           consent
           
           to
           exclude
           the
           true
           Successor
           :
           For
           if
           they
           may
           exclude
           one
           they
           may
           exclude
           all
           .
        
         
           5.
           
           In
           all
           Societies
           and
           Governments
           ,
           but
           especially
           where
           there
           is
           any
           association
           of
           powers
           ,
           as
           in
           our
           Parliaments
           ,
           there
           are
           certain
           fundamentals
           ,
           which
           like
           the
           Noble
           parts
           in
           the
           Body
           are
           absolutly
           necessar
           for
           its
           preservation
           ;
           for
           without
           these
           ,
           there
           would
           be
           no
           Ballance
           ,
           or
           certainty
           .
           And
           thus
           with
           us
           ,
           if
           the
           King
           and
           each
           of
           the
           Estates
           of
           Parliament
           had
           not
           distinct
           and
           known
           limits
           (
           sett
           by
           the
           gracious
           concessions
           of
           our
           Monarchs
           )
           each
           of
           them
           would
           be
           ready
           to
           invade
           one
           anothers
           Priviledges
           .
           And
           thus
           I
           conceive
           that
           if
           the
           Parliament
           should
           consent
           to
           alienate
           the
           half
           of
           the
           Kingdom
           ,
           or
           to
           subject
           the
           whole
           to
           a
           Stranger
           ,
           as
           in
           King
           Johns
           case
           in
           England
           ,
           and
           the
           Baliols
           in
           Scotland
           ,
           it
           has
           been
           found
           by
           the
           respective
           Parliaments
           of
           both
           Kingdoms
           ,
           that
           ,
           that
           Statute
           would
           not
           oblidge
           the
           Successor
           .
           Or
           if
           the
           House
           of
           commons
           in
           England
           ,
           or
           the
           Burrowes
           of
           Scotland
           should
           consent
           to
           any
           Act
           excluding
           their
           Estate
           and
           respresentatives
           from
           the
           Parliament
           ,
           doubtlesse
           that
           Statute
           excluding
           them
           would
           not
           prejudge
           their
           Successors
           ;
           because
           that
           Act
           was
           contrare
           to
           one
           of
           the
           fundamental
           Laws
           of
           the
           Nation
           .
           And
           
           the
           late
           Acts
           of
           Parliaments
           excluding
           Bishops
           ,
           were
           reprobated
           by
           the
           ensuing
           Parliaments
           ,
           as
           such
           ;
           and
           therefore
           by
           the
           same
           rule
           ,
           any
           Statute
           made
           excluding
           the
           legal
           Successor
           ,
           would
           be
           null
           and
           voyd
           ,
           as
           contrare
           to
           one
           of
           the
           great
           Fundamental
           Rights
           of
           the
           Nation
           .
           And
           what
           can
           be
           call'd
           more
           a
           Fundamental
           Right
           than
           the
           Succession
           of
           our
           Monarchy
           ?
           Since
           our
           Monarchy
           in
           this
           Isle
           ,
           has
           ever
           been
           acknowledg'd
           to
           be
           hereditary
           .
           And
           that
           this
           acknowledgment
           is
           the
           great
           Basis
           whereupon
           most
           of
           all
           the
           positions
           of
           our
           Law
           run
           ,
           and
           are
           established
           :
           such
           as
           ,
           that
           the
           King
           never
           dyes
           ,
           since
           the
           very
           moment
           in
           which
           the
           last
           King
           dyes
           ,
           the
           next
           Successor
           in
           Blood
           is
           Legally
           King
           ,
           and
           that
           without
           any
           expresse
           recognizance
           from
           the
           People
           ,
           and
           all
           that
           oppose
           him
           are
           Rebells
           ,
           His
           Commissions
           are
           valide
           ,
           He
           may
           call
           Parliaments
           ,
           dispose
           the
           Lands
           pertaining
           to
           the
           Crown
           ,
           all
           men
           are
           lyable
           to
           do
           him
           homage
           ;
           and
           hold
           their
           Rights
           of
           him
           and
           his
           Heirs
           .
           And
           generally
           this
           principle
           runs
           through
           all
           the
           veins
           of
           our
           Law.
           It
           is
           that
           ,
           which
           gives
           life
           and
           Authority
           to
           our
           Statutes
           ,
           but
           receives
           none
           from
           them
           ;
           which
           are
           the
           undenyable
           marks
           and
           Characters
           of
           a
           Fundamental
           Right
           in
           all
           Nations
           .
           But
           that
           this
           right
           of
           lineal
           Succession
           
           is
           one
           of
           the
           Fundamental
           ,
           and
           unalterable
           Laws
           of
           the
           Kingdom
           of
           Scotland
           ,
           is
           clear
           ,
           by
           the
           Commission
           granted
           by
           the
           Parliament
           for
           the
           union
           in
           Anno
           1604.
           
           
             In
             which
             these
             words
             are
             ,
             his
             Majesty
             vouchsafeing
             ,
             to
             assure
             them
             of
             his
             sincere
             disposition
             and
             clear
             meaning
             ,
             no
             way
             by
             the
             foresaid
             Union
             to
             prejudge
             or
             hurt
             the
             Fundamental
             Laws
             ,
             ancient
             Priviledges
             ,
             Offices
             and
             Liberties
             of
             this
             Kingdom
             ;
             whereby
             not
             only
             the
             Princely
             Authority
             of
             his
             most
             Royal
             descent
             hath
             been
             these
             many
             ages
             maintain'd
             ,
             but
             also
             his
             Peoples
             securities
             of
             their
             Lands
             and
             Livings
             ,
             Rights
             ,
             Liberties
             ,
             Offices
             and
             dignities
             preserv'd
             :
             Whilks
             if
             they
             should
             be
             innovated
             ,
             such
             confusion
             should
             ensue
             ;
             as
             it
             could
             no
             more
             be
             a
             free
             Monarchy
             .
          
        
         
           6.
           
           There
           would
           many
           great
           inconveniencies
           arise
           ,
           both
           to
           King
           and
           People
           ,
           by
           the
           Parliaments
           having
           this
           power
           :
           For
           weak
           Kings
           might
           by
           their
           own
           simplicity
           ,
           and
           Gentle
           Kings
           by
           the
           rebellion
           of
           their
           Subjects
           be
           induced
           to
           consent
           to
           such
           Acts
           ,
           in
           which
           their
           Subjects
           would
           be
           tempted
           to
           cheat
           in
           the
           one
           case
           ,
           and
           rebell
           in
           the
           other
           .
           Many
           Kings
           likewise
           might
           be
           wrought
           upon
           ,
           by
           the
           importunity
           of
           their
           Wives
           ,
           or
           Concubins
           ,
           or
           by
           the
           misrepresentations
           of
           Favourits
           ,
           to
           disinherit
           the
           true
           Successor
           ;
           and
           he
           likewise
           to
           prevent
           this
           arbitrarienesse
           ,
           would
           be
           oblidg'd
           
           to
           enter
           in
           a
           faction
           for
           his
           own
           support
           ,
           from
           his
           very
           infancy
           .
           This
           would
           likewise
           animate
           all
           of
           the
           Blood
           Royal
           ,
           to
           compete
           for
           the
           Throne
           ,
           and
           in
           order
           thereto
           ,
           they
           would
           be
           easily
           induc'd
           to
           make
           factions
           in
           the
           Parliament
           ,
           and
           to
           hate
           one
           another
           ;
           whereas
           the
           true
           Successor
           would
           be
           ingadg'd
           to
           hate
           them
           all
           ,
           and
           to
           endeavour
           the
           ruine
           of
           such
           as
           he
           thought
           more
           popular
           than
           himself
           .
           Nor
           would
           the
           people
           be
           in
           better
           case
           ,
           since
           they
           behov'd
           to
           expect
           upon
           all
           these
           accompts
           ,
           constant
           civil
           warres
           and
           animosities
           ,
           and
           by
           being
           unsure
           whom
           to
           follow
           ,
           might
           be
           in
           great
           hazard
           by
           following
           him
           who
           had
           no
           Right
           .
           And
           their
           rights
           bearing
           to
           hold
           of
           the
           King
           and
           his
           Heirs
           ,
           it
           would
           be
           dubious
           to
           the
           vassals
           ,
           who
           should
           be
           their
           superiour
           ,
           as
           well
           ,
           as
           who
           should
           be
           their
           King.
           It
           is
           also
           in
           reason
           to
           be
           expected
           ,
           that
           Scotland
           will
           ever
           owne
           the
           legal
           descent
           :
           and
           thus
           we
           should
           under
           different
           Kings
           of
           the
           same
           Race
           ,
           be
           involv'd
           in
           new
           and
           constant
           civil
           warrs
           ;
           France
           shall
           have
           a
           constant
           door
           open'd
           ,
           by
           allyances
           with
           Scotland
           ,
           to
           disquiet
           the
           peace
           of
           the
           whole
           Isle
           ;
           and
           England
           shab
           loose
           all
           the
           endeavours
           it
           used
           to
           unite
           this
           Isle
           within
           it self
           .
           Another
           great
           absurdity
           and
           inconveniency
           which
           would
           follow
           upon
           the
           exclusion
           of
           the
           lineal
           Successor
           
           would
           be
           ,
           that
           if
           he
           had
           a
           Son
           ,
           that
           Son
           behoov'd
           certainly
           to
           succeed
           ;
           and
           therefore
           after
           the
           next
           Lawful
           Heir
           were
           brought
           from
           abroad
           to
           Reigne
           ,
           he
           behov'd
           to
           return
           upon
           the
           Birth
           of
           this
           Son
           ;
           and
           if
           he
           dyed
           he
           would
           be
           again
           call'd
           home
           ,
           and
           would
           be
           sent
           back
           by
           the
           Birth
           of
           another
           Son
           :
           which
           would
           occasion
           such
           affronts
           ,
           uncertainties
           ,
           divisions
           ,
           factions
           ,
           temptations
           ,
           that
           I
           am
           sure
           ,
           no
           good
           nor
           wise
           man
           could
           admit
           of
           such
           a
           project
           .
        
         
           I
           find
           also
           ,
           that
           as
           the
           debarring
           the
           Righteous
           Heir
           ,
           is
           in
           reason
           ,
           the
           fruitful
           seed
           of
           all
           civil
           warr
           and
           misery
           ,
           (
           for
           who
           can
           Imagine
           that
           the
           Righteous
           Heir
           will
           depart
           from
           his
           Right
           ,
           or
           that
           wise
           men
           will
           endanger
           their
           lives
           and
           fortunes
           in
           opposition
           to
           it
           ?
           )
           so
           experience
           has
           demonstrated
           ,
           how
           dangerous
           ,
           and
           bloody
           this
           injustice
           has
           prov'd
           .
           Let
           us
           remember
           amongst
           many
           Domestick
           examples
           ,
           the
           miseries
           that
           ensu'd
           upon
           the
           exclusion
           of
           Mordredus
           the
           Son
           of
           Lothus
           ;
           the
           destruction
           of
           the
           Picts
           for
           having
           secluded
           Alpinus
           the
           Righteous
           Heir
           ;
           the
           warrs
           during
           the
           reigne
           of
           William
           the
           Conquerour
           ;
           these
           betwixt
           King
           Stevin
           and
           Henry
           the
           II.
           betwixt
           the
           Houses
           of
           Lancaster
           and
           York
           ;
           betwixt
           the
           Bruce
           and
           the
           Baliol
           ;
           the
           murther
           
           of
           
             Arthur
             Duke
          
           of
           Britanny
           ,
           true
           Heir
           of
           the
           Crown
           of
           England
           ,
           with
           many
           other
           forreigne
           Histories
           ,
           which
           tell
           us
           of
           the
           dreadfull
           michiefs
           arising
           from
           Pelops
           preferring
           his
           youngest
           Son
           to
           the
           Kingdom
           of
           Micene
           ;
           from
           Aedipus
           commanding
           that
           Polinices
           his
           youngest
           Son
           should
           reigne
           alternatly
           with
           the
           eldest
           ;
           from
           Parisatis
           the
           Queen
           of
           Persia's
           preferring
           her
           youngest
           Son
           Cyrus
           ,
           to
           her
           eldest
           Artaxerxes
           ,
           from
           Aristodemus
           admitting
           his
           two
           Sons
           Proclus
           ,
           and
           Euristhenes
           to
           an
           Equall
           share
           in
           the
           Lacedemonian
           Throne
           .
           The
           like
           observations
           are
           to
           be
           made
           in
           the
           Succession
           of
           
             Ptolemaeus
             Lagus
          
           and
           
             Ptolemaeus
             Phisco
          
           ,
           In
           the
           Sons
           of
           Severus
           ,
           in
           the
           Succession
           of
           Sinesandus
           who
           kill'd
           his
           Brother
           Suintilla
           Righteours
           Heir
           of
           Spaine
           ,
           And
           that
           of
           Francis
           and
           
             Fortia
             Duke
          
           of
           Millan
           with
           thousands
           of
           others
           :
           In
           all
           which
           ,
           either
           the
           usurpers
           or
           the
           Kingdom
           that
           obey'd
           them
           ,
           perish'd
           utterly
           .
           To
           prevent
           which
           differences
           and
           mischiefs
           ,
           the
           Hungarians
           would
           not
           admitte
           Almus
           the
           younger
           Brother
           ,
           in
           exclusion
           of
           the
           elder
           Colomanus
           ,
           though
           a
           silly
           deform'd
           creature
           ,
           albeit
           Almus
           was
           preferr'd
           by
           Ladislaus
           (
           the
           Kings
           elder
           Brother
           )
           to
           both
           .
           Nor
           would
           France
           acquiesce
           in
           
             St.
             Lewis
          
           his
           preferring
           
           CHARLES
           his
           3
           Son
           ,
           to
           Lewis
           the
           eldest
           .
           And
           the
           English
           refus'd
           to
           obey
           
             Lady
             Iean
             Gray
          
           ,
           in
           prejudice
           of
           Queen
           Marie
           ,
           though
           a
           Papist
           and
           persecuter
           .
           
             Tali
             &
             constanti
             veneratione
             nos
             Angli
             legitimos
             Reges
             prosequimur
          
           &c.
           sayes
           an
           English
           Historian
           .
        
         
           7.
           
           If
           Parliaments
           had
           such
           powers
           as
           this
           ,
           then
           our
           Monarchy
           would
           not
           be
           hereditary
           ,
           but
           elective
           ;
           the
           very
           essence
           of
           ane
           hereditary
           Monarchy
           consisting
           in
           the
           right
           of
           Succession
           ,
           according
           to
           the
           contingency
           of
           blood
           .
           Whereas
           if
           the
           Parliament
           can
           preferre
           the
           next
           ,
           save
           one
           ,
           they
           may
           preferre
           the
           last
           of
           all
           the
           line
           :
           for
           the
           next
           save
           one
           ,
           is
           no
           more
           next
           than
           the
           last
           is
           next
           .
           And
           the
           same
           reason
           by
           which
           they
           can
           choose
           a
           Successor
           (
           which
           can
           only
           be
           that
           they
           have
           a
           power
           above
           him
           )
           should
           likewayes
           in
           my
           opinion
           justifie
           their
           deposing
           of
           Kings
           .
           And
           since
           the
           Successor
           has
           as
           good
           Right
           to
           succeed
           ,
           as
           the
           present
           King
           has
           to
           Govern
           (
           for
           that
           Right
           of
           blood
           which
           makes
           him
           first
           ,
           makes
           the
           other
           next
           ,
           and
           all
           these
           Statuts
           which
           acknowledge
           the
           present
           Kings
           Prerogatives
           ,
           acknowlege
           that
           they
           belong
           to
           him
           and
           his
           Heirs
           .
           )
           It
           followes
           clearly
           ,
           that
           if
           the
           Parliament
           can
           preclude
           the
           one
           ,
           they
           
           may
           exclude
           the
           other
           .
           And
           we
           saw
           even
           in
           the
           last
           age
           ,
           that
           such
           reasons
           as
           are
           now
           urged
           to
           incapacitat
           the
           children
           of
           our
           last
           Monarch
           ,
           from
           the
           hope
           of
           Succession
           .
           viz.
           Popery
           ,
           and
           arbitrary
           Government
           ,
           did
           embolden
           men
           to
           Dethrone
           ,
           and
           Murder
           the
           Father
           himself
           who
           was
           actual
           King.
           
        
         
           8.
           
           That
           such
           Acts
           of
           Parliament
           ,
           altering
           the
           Succession
           are
           ineffectual
           ,
           and
           null
           ,
           Is
           clear
           from
           this
           ,
           that
           though
           such
           an
           Act
           of
           Parliament
           were
           made
           ,
           it
           could
           not
           debarre
           the
           true
           Successor
           :
           because
           by
           the
           Laws
           of
           all
           Nations
           ,
           and
           particularly
           of
           these
           Kingdoms
           ,
           the
           Right
           of
           Succession
           purges
           all
           defects
           ,
           and
           removes
           all
           impediments
           ,
           which
           can
           prejudge
           him
           who
           is
           to
           Succeed
           .
           And
           as
           Craig
           one
           of
           our
           learn'd
           lawyers
           has
           very
           well
           express'd
           it
           ,
           
             Tanta
             est
             Regii
             sanguinis
             praerogativa
             ,
             &
             dignitas
             ,
             ut
             vitium
             non
             admittat
             ,
             nec
             se
             contaminari
             patiatur
             .
          
           And
           thus
           though
           he
           who
           were
           to
           succeed
           ,
           had
           committed
           murther
           ,
           or
           were
           declar'd
           a
           traitour
           formerly
           to
           the
           Crown
           for
           open
           Rebellion
           against
           the
           King
           ,
           and
           Kingdom
           ;
           yet
           he
           needed
           not
           be
           restor'd
           by
           Act
           of
           Parliament
           upon
           his
           comming
           to
           the
           Crown
           :
           But
           his
           very
           Right
           of
           blood
           would
           purge
           all
           these
           imperfections
           .
           Of
           which
           there
           are
           two
           reasons
           given
           by
           Lawyers
           ,
           
           one
           is
           ,
           that
           no
           man
           can
           be
           a
           Rebel
           against
           himself
           ,
           nor
           can
           the
           King
           have
           a
           Superior
           .
           And
           consequently
           ,
           there
           can
           be
           none
           whom
           he
           can
           offend
           .
           And
           it
           were
           absurd
           that
           he
           who
           can
           restore
           all
           other
           men
           ,
           should
           need
           to
           be
           restored
           himself
           .
           The
           second
           reason
           is
           ,
           because
           the
           punishment
           of
           crimes
           ,
           such
           as
           confiscations
           ,
           &c.
           
           Are
           to
           be
           inflicted
           by
           the
           Kings
           Authority
           ,
           or
           to
           fall
           to
           the
           Kings
           Thesaury
           ;
           and
           it
           were
           most
           absurd
           ,
           that
           a
           man
           should
           exact
           from
           himself
           a
           punishment
           .
           Likeas
           ,
           upon
           this
           account
           it
           is
           ,
           that
           though
           in
           the
           Canon
           Law
           ,
           Bastards
           cannot
           be
           promov'd
           to
           sacred
           orders
           without
           dispensation
           ,
           nor
           can
           
             alibi
             nati
          
           ,
           that
           is
           to
           say
           ,
           people
           born
           out
           of
           England
           be
           admitted
           to
           succeed
           in
           England
           ,
           by
           express
           Act
           of
           Parliament
           there
           ;
           Yet
           
             Agapaetus
             ,
             Theodorus
             ,
             Gelasius
          
           and
           many
           others
           ,
           have
           been
           admitted
           to
           be
           Popes
           without
           any
           formal
           dispensation
           ,
           their
           election
           clearing
           that
           imperfection
           .
           And
           the
           Statute
           of
           
             alibi
             nati
          
           ,
           has
           been
           oft
           found
           not
           to
           extend
           to
           the
           Royal
           line
           .
        
         
           That
           the
           Succession
           to
           the
           Crown
           purges
           all
           defects
           ,
           is
           clear
           ,
           by
           many
           instances
           ,
           both
           at
           home
           and
           abroad
           .
           The
           instances
           at
           home
           are
           ,
           in
           
             England
             Henry
          
           the
           VI.
           Being
           disabled
           and
           attainted
           of
           high
           treason
           by
           Act
           
           of
           Parliament
           ,
           it
           was
           found
           by
           the
           Judges
           ,
           notwithstanding
           that
           from
           the
           moment
           he
           assum'd
           the
           Crown
           ,
           he
           had
           Right
           to
           succeed
           without
           being
           restored
           .
           And
           the
           like
           was
           resolved
           by
           the
           Judges
           in
           the
           case
           of
           Henry
           the
           VII
           ,
           As
           Bacon
           observes
           in
           his
           History
           of
           Henry
           the
           VII
           .
           fol.
           13.
           
           And
           in
           the
           case
           of
           Queen
           Elizabeth
           ,
           who
           was
           declar'd
           Bastard
           by
           Act
           of
           Parliament
           ,
           as
           is
           clear
           by
           Cambden
           anno
           2.
           
           Elizabeth
           .
           And
           though
           in
           Scotland
           there
           be
           no
           express
           instances
           of
           this
           ,
           because
           though
           some
           Rebellious
           Ring-leaders
           in
           Scotland
           ,
           have
           often
           in
           a
           privat
           capacity
           been
           very
           injurious
           to
           their
           King
           ;
           Yet
           their
           Parliaments
           have
           been
           ever
           very
           tender
           of
           attainting
           the
           blood
           Royal
           ,
           or
           presumptive
           Heirs
           .
           But
           
             Alexander
             Duke
          
           of
           Albanie
           ,
           and
           his
           Succession
           being
           declared
           traitours
           ,
           by
           his
           Brother
           King
           James
           the
           IV.
           his
           Son
           John
           was
           notwithstanding
           called
           home
           from
           France
           upon
           his
           Uncles
           death
           ,
           and
           declar'd
           Tutor
           and
           Governour
           ,
           without
           any
           remission
           ,
           or
           being
           restor'd
           :
           that
           employment
           being
           found
           to
           be
           due
           to
           him
           by
           the
           right
           of
           blood
           :
           therefore
           he
           had
           been
           much
           more
           declared
           the
           true
           Successor
           of
           the
           Crown
           if
           his
           Cousin
           King
           Iames
           the
           V.
           had
           died
           .
        
         
           These
           being
           sufficient
           to
           establish
           our
           
           design
           ,
           I
           shall
           mention
           only
           some
           forraigne
           stories
           .
        
         
           CHARLES
           the
           VII
           .
           of
           France
           who
           though
           banish'd
           by
           Sentence
           of
           the
           Parliament
           of
           
             Paris
             ▪
          
           did
           thereafter
           succeed
           to
           the
           Crown
           .
           And
           though
           Lewis
           the
           XII
           .
           was
           forfeited
           for
           taking
           up
           armes
           against
           CHARLES
           the
           VIII
           .
           Yet
           he
           succeeded
           to
           him
           without
           restitution
           .
           And
           Lewis
           the
           II.
           his
           Son
           being
           declared
           a
           Rebel
           ,
           whom
           his
           Father
           desiring
           to
           disinherit
           ,
           and
           to
           substitut
           in
           his
           place
           Charles
           Duke
           of
           Normandie
           ,
           that
           Son
           had
           succeeded
           if
           he
           had
           not
           been
           hindered
           by
           the
           Nobility
           ,
           who
           plainly
           told
           him
           it
           was
           impossible
           to
           exclude
           his
           Sone
           from
           the
           Succession
           .
        
         
           My
           next
           task
           shall
           be
           to
           satisfy
           the
           arguments
           brought
           for
           mantaining
           this
           opinion
           ,
           whereof
           the
           first
           is
           .
        
         
           That
           God
           himself
           has
           authorised
           the
           inverting
           the
           Right
           of
           Succession
           ,
           by
           the
           examples
           of
           
             Esau
             ,
             Salomon
          
           ,
           and
           others
           .
        
         
           To
           which
           I
           answer
           ,
           that
           these
           instances
           which
           are
           warranted
           by
           express
           commands
           from
           God
           ,
           are
           no
           more
           to
           be
           drawn
           into
           example
           ,
           than
           the
           robbing
           of
           the
           Aegyptians
           ear-rings
           .
           And
           it
           's
           needing
           an
           express
           command
           ,
           and
           the
           expressing
           of
           that
           command
           ,
           does
           evince
           ,
           that
           otherwayes
           Iacob
           ,
           
           nor
           Salomon
           could
           not
           have
           succeeded
           against
           the
           priviledge
           of
           birth-Right
           and
           possession
           .
        
         
           The
           next
           objection
           ,
           is
           that
           it
           is
           naturally
           imply'd
           in
           all
           Monarchies
           ,
           that
           the
           people
           shall
           obey
           whilst
           the
           Prince
           Governs
           justly
           ,
           As
           in
           the
           paction
           betwixt
           David
           ,
           and
           the
           people
           2
           Sam.
           5.
           
           Which
           is
           most
           suitable
           to
           the
           principles
           of
           justice
           ,
           and
           Government
           :
           Since
           relations
           cannot
           stand
           by
           one
           side
           ;
           so
           that
           when
           the
           King
           leaves
           off
           to
           be
           King
           ,
           and
           becomes
           a
           Tyrant
           ,
           the
           people
           may
           consult
           their
           own
           security
           in
           laying
           him
           aside
           ,
           as
           Tutors
           may
           be
           remov'd
           when
           they
           are
           suspect
           .
           And
           that
           this
           is
           most
           just
           when
           Kings
           are
           Idolaters
           since
           God
           is
           rather
           to
           be
           obey'd
           then
           men
           .
        
         
           To
           all
           which
           it
           is
           answered
           ,
           that
           God
           who
           loves
           order
           ,
           and
           knows
           the
           extravagant
           levity
           ,
           and
           insolence
           of
           men
           ,
           especially
           when
           baited
           by
           hope
           of
           prey
           ,
           or
           promotion
           ,
           did
           wisely
           think
           fit
           to
           ordain
           under
           the
           paine
           of
           eternal
           damnation
           ,
           that
           all
           men
           should
           be
           subject
           to
           Superiour
           powers
           for
           conscience
           sake
           .
           1
           Pet.
           2.
           13.
           and
           that
           whoever
           resists
           the
           power
           ,
           resists
           God
           ,
           Rom.
           13.
           2.
           reserving
           the
           punishment
           of
           Kings
           to
           himself
           ,
           as
           being
           only
           their
           Superiour
           .
           And
           thus
           
             David
             ,
             Asa
          
           ,
           and
           others
           ,
           committed
           
           crimes
           ,
           but
           were
           not
           depos'd
           ,
           nor
           debart'd
           by
           the
           people
           .
           Nor
           were
           even
           the
           Idolatrous
           Kings
           such
           as
           
             Achab
             ,
             Manasse
             ,
             &c.
          
           judged
           by
           their
           subjects
           ,
           nor
           did
           the
           Prophets
           exhort
           the
           people
           to
           rise
           against
           them
           ,
           though
           they
           were
           opposing
           Gods
           express
           ,
           and
           immediat
           will.
           And
           overturning
           the
           uncontraverted
           fundamentals
           of
           Religion
           .
           Nor
           did
           the
           Fathers
           of
           the
           primitive
           Church
           ,
           excite
           the
           Christians
           to
           oppose
           the
           Heathen
           ,
           and
           Idolatrous
           Princes
           ,
           under
           which
           they
           lived
           :
           and
           Paul
           commands
           them
           to
           pray
           for
           these
           Heathen
           Emperours
           .
           Nor
           was
           the
           Emperour
           Basilicus
           depos'd
           for
           abrogating
           the
           Council
           of
           Chalcedon
           ,
           as
           is
           pretended
           by
           some
           Republicans
           ,
           but
           was
           turn'd
           out
           by
           the
           just
           Successor
           Zeno
           ,
           whom
           he
           had
           formerly
           dethron'd
           .
           Nor
           were
           Zeno
           or
           Anastasius
           degraded
           for
           their
           errors
           in
           Religion
           ,
           or
           their
           vices
           by
           the
           ancient
           Christians
           :
           but
           were
           opprest
           by
           private
           faction
           .
           And
           sure
           they
           must
           think
           God
           unable
           to
           redress
           himself
           ,
           who
           without
           warrand
           ,
           and
           against
           his
           expresse
           warrand
           ,
           will
           usurpe
           so
           high
           a
           power
           .
           And
           we
           in
           this
           rebellious
           principle
           ,
           owne
           the
           greatest
           extravagancy
           with
           which
           We
           can
           charge
           the
           Pope
           and
           Jesuits
           ,
           and
           disowne
           not
           only
           our
           own
           Confession
           of
           faith
           which
           Article
           1.
           
           Chap.
           22.
           acknowledges
           ,
           
           
             that
             infidelity
             ,
             or
             difference
             in
             Religion
             doth
             not
             make
             void
             the
             Magistrats
             just
             ;
             or
             legal
             authority
             ,
             nor
             free
             the
             People
             from
             their
             due
             obedience
             to
             him
             ,
          
           but
           contradict
           the
           best
           Protestant
           divines
           ,
           as
           
             Musculus
             ,
             Melancthon
          
           and
           others
           
             vid.
             libell
             .
             de
             vitand
             ,
             superstit
             .
          
           Anno
           1150.
           
           
             &
             Consil.
             Biden
             .
             Dec.
             1.
             
             Consil.
             10.
             
             &
             Decad.
             10.
             
             Consil.
          
           5.
           nor
           can
           the
           subterfuge
           us'd
           by
           Buchanan
           ,
           and
           others
           satisfie
           ,
           whereby
           they
           contend
           that
           the
           former
           Texts
           of
           Scripture
           prove
           only
           that
           the
           Office
           ,
           but
           not
           the
           Persones
           of
           Kings
           are
           Sacred
           ▪
           so
           that
           Parliaments
           or
           People
           may
           lay
           aside
           the
           Persons
           ,
           though
           not
           the
           Office
           ,
           seing
           the
           Sacred
           Text
           secures
           oftner
           the
           Person
           ,
           than
           the
           Office
           as
           I
           have
           formerly
           more
           fully
           prov'de
           .
           And
           if
           this
           principle
           prevail'd
           as
           to
           the
           differences
           in
           the
           Theory
           of
           Religion
           ,
           it
           would
           in
           the
           next
           step
           be
           urg'd
           as
           to
           the
           practice
           of
           Religion
           ;
           and
           we
           would
           change
           our
           Kings
           ,
           because
           we
           thought
           them
           not
           pious
           ,
           as
           well
           as
           Protestant
           .
           And
           did
           not
           our
           Sectarians
           refine
           so
           far
           ,
           as
           to
           think
           dominion
           founded
           on
           grace
           ?
           and
           this
           opinion
           seems
           to
           my self
           more
           solide
           than
           the
           other
           ,
           for
           certainly
           an
           impious
           Protestant
           ,
           is
           a
           worse
           Governour
           ,
           and
           less
           Gods
           Vicegerent
           ,
           and
           image
           ,
           than
           a
           devout
           Papist
           .
           And
           amongst
           Protestants
           ,
           every
           
           Secte
           will
           reject
           a
           King
           ,
           because
           he
           is
           not
           of
           their
           opinion
           .
           And
           thus
           our
           Covenanters
           ,
           by
           the
           Act
           of
           the
           West-kirk
           Anno
           1650.
           declar'd
           ,
           they
           would
           disown
           our
           present
           Monarch
           ,
           if
           he
           did
           not
           own
           the
           Covenant
           .
           And
           though
           a
           King
           were
           Protestant
           ,
           yet
           still
           this
           pretext
           that
           he
           design'd
           to
           introduce
           Popery
           ,
           would
           raise
           his
           People
           against
           him
           ,
           if
           differences
           in
           Religion
           could
           Lawfully
           Arme
           subjects
           against
           their
           King
           ,
           or
           did
           empower
           them
           to
           debar
           his
           Successor
           .
           And
           when
           this
           cheat
           prevail'd
           against
           devout
           King
           Charles
           the
           I
           ,
           the
           Martyr
           of
           that
           Orthodox
           Faith
           to
           which
           he
           was
           said
           to
           be
           enemie
           ,
           what
           a
           madness
           is
           it
           to
           allow
           this
           fatall
           error
           ,
           which
           was
           able
           to
           ruine
           us
           in
           the
           last
           age
           ,
           and
           went
           so
           near
           to
           destroy
           us
           in
           this
           ?
           This
           is
           indeed
           ,
           to
           allow
           that
           arbitrariness
           against
           our
           Kings
           ,
           which
           we
           would
           not
           allow
           in
           them
           to
           us
           .
        
         
           The
           second
           Objection
           is
           ,
           that
           in
           England
           the
           Parliament
           has
           frequently
           devolv'd
           the
           Crown
           and
           Government
           upon
           such
           as
           were
           not
           otherwayes
           to
           have
           succeeded
           ,
           as
           in
           the
           instances
           of
           Edward
           the
           II.
           and
           Richard
           the
           III
           ,
           the
           first
           of
           whom
           was
           most
           unjustly
           depos'd
           ,
           for
           making
           use
           of
           Gavestoun
           ,
           and
           the
           Spencers
           ;
           which
           shewes
           how
           extravagant
           the
           People
           ar
           in
           their
           humours
           ,
           rather
           than
           how
           just
           their
           power
           is
           :
           for
           besides
           ,
           that
           
           do
           not
           read
           ,
           that
           these
           Counsellors
           were
           unsufferable
           ,
           there
           is
           no
           good
           Christian
           that
           can
           say
           ,
           that
           a
           King
           can
           be
           depos'd
           for
           using
           ill
           Counsellors
           .
           And
           as
           to
           Richard
           the
           III.
           his
           case
           is
           so
           fully
           examined
           ,
           and
           all
           the
           Articles
           brought
           both
           against
           him
           ,
           and
           Edward
           the
           II.
           so
           fully
           answered
           by
           the
           learn'd
           Arnisaeus
           a
           Protestant
           Lawyer
           ,
           (
           and
           who
           had
           no
           other
           interest
           in
           that
           debate
           than
           a
           love
           to
           Truth
           and
           Law
           )
           in
           that
           treatise
           ,
           
             Quod
             nullâ
             ex
             causâ
             subditis
             fas
             sit
             contra
             legitimum
             principem
             arma
             sumere
             ,
          
           that
           we
           Protestants
           should
           be
           asham'd
           to
           bring
           again
           to
           the
           field
           such
           instances
           ,
           upon
           which
           Arnisaeus
           ,
           in
           answer
           to
           the
           14.
           
           Article
           against
           Richard
           the
           II
           ,
           viz.
           that
           he
           refus'd
           to
           allow
           the
           Lawes
           made
           in
           Parliament
           ,
           does
           very
           well
           remark
           ,
           that
           this
           was
           in
           effect
           to
           consent
           to
           their
           being
           King
           ,
           and
           to
           transferre
           upon
           them
           the
           Royal
           power
           ,
           and
           this
           will
           be
           the
           event
           of
           all
           such
           undertakings
           .
        
         
           The
           instances
           of
           Henry
           the
           IV.
           and
           Henry
           the
           VII
           .
           ,
           are
           of
           no
           more
           weight
           than
           the
           other
           two
           ,
           since
           these
           were
           likewayes
           only
           Kings
           
             de
             facto
          
           ,
           till
           King
           Henry
           the
           VII
           .
           by
           his
           marriage
           with
           the
           Lady
           Elizabeth
           ,
           eldest
           Daughter
           to
           King
           Edward
           the
           IV.
           ,
           did
           by
           her
           transmit
           a
           just
           title
           to
           his
           Successor
           :
           &
           therefore
           it
           was
           not
           strange
           ,
           that
           either
           of
           
           these
           should
           allow
           the
           Parliament
           to
           interpose
           ,
           when
           they
           behov'd
           to
           owe
           to
           them
           the
           possession
           of
           the
           Throne
           .
           But
           yet
           Henry
           the
           VII
           .
           himself
           (
           as
           the
           Lord
           Bacon
           relates
           in
           his
           Historie
           )
           shunn'd
           to
           have
           the
           Parliament
           declare
           his
           title
           to
           be
           just
           ,
           being
           content
           with
           these
           ambiguous
           words
           ,
           
             viz.
             that
             the
             inheritance
             of
             the
             Crown
             should
             rest
             ,
             remain
             and
             abide
             in
             the
             King
             ,
             &c.
             
          
           And
           upon
           this
           accompt
           it
           was
           ,
           that
           the
           same
           King
           caus'd
           make
           a
           Law
           ,
           that
           such
           as
           should
           serve
           the
           King
           for
           the
           time
           ,
           being
           in
           his
           warrs
           ,
           could
           not
           be
           attainted
           or
           impeach'd
           in
           their
           persons
           or
           Estates
           .
        
         
           As
           to
           Henry
           the
           VIII
           .
           his
           procuring
           an
           Act
           ,
           whereby
           the
           Parliament
           declares
           that
           in
           case
           he
           had
           no
           issue
           by
           the
           Lady
           
             Jean
             Seymour
          
           ,
           he
           might
           dispose
           of
           the
           Crown
           to
           whatsoever
           person
           he
           should
           in
           his
           own
           discretion
           think
           fit
           .
        
         
           It
           is
           answered
           ,
           that
           by
           a
           former
           Statute
           in
           the
           25
           year
           of
           his
           Reigne
           ,
           he
           by
           Act
           of
           Parliament
           setles
           the
           Crown
           upon
           the
           Heirs
           male
           of
           his
           own
           body
           ,
           and
           for
           lack
           of
           such
           issue
           ,
           to
           Lady
           Elizabeth
           ,
           and
           for
           lack
           of
           such
           issue
           also
           ,
           to
           the
           next
           Heirs
           of
           the
           King
           ,
           who
           should
           for
           ever
           succeed
           according
           to
           the
           right
           of
           Succession
           of
           the
           Crown
           of
           England
           ;
           which
           shewes
           that
           the
           Succession
           to
           the
           
           Crown
           of
           England
           is
           establish't
           by
           the
           Law
           of
           Nature
           ,
           and
           the
           Fundamental
           Laws
           of
           England
           ,
           upon
           the
           Heirs
           of
           Blood
           ,
           according
           to
           the
           proximity
           of
           degrees
           ;
           so
           that
           though
           that
           King
           did
           afterwards
           prevaile
           with
           the
           Parliament
           to
           declare
           this
           Elizabeth
           a
           Bastard
           ,
           as
           he
           did
           also
           his
           Daughter
           Mary
           ,
           by
           another
           Act
           ,
           and
           resolve
           to
           setle
           the
           Crown
           ,
           upon
           Henry
           Fitz
           Roy
           ,
           Duke
           of
           Richmond
           ,
           yet
           these
           Acts
           teach
           us
           how
           dangerous
           it
           is
           to
           leave
           Parliaments
           to
           the
           impression
           of
           Kings
           in
           the
           case
           of
           naming
           a
           Successor
           ,
           as
           it
           is
           to
           expose
           Kings
           to
           the
           arbitrariness
           of
           Parliaments
           .
           But
           such
           care
           had
           God
           of
           his
           own
           Laws
           ,
           that
           Mary
           succeeded
           notwithstanding
           She
           was
           Papist
           ,
           and
           Elizabeth
           succeeded
           her
           ,
           though
           she
           was
           declar'd
           Bastard
           ;
           the
           Rights
           of
           Blood
           prevailing
           over
           the
           formalities
           of
           divorce
           ,
           and
           the
           dispensations
           of
           Popes
           :
           as
           the
           strength
           of
           Nature
           does
           often
           prevaile
           over
           poisons
           .
           And
           God
           remov'd
           the
           Duke
           of
           Richmond
           by
           death
           ,
           to
           prevent
           the
           unjust
           competition
           ,
           and
           so
           little
           notice
           was
           taken
           of
           this
           ;
           and
           the
           subsequent
           Act
           
             Anno
             1535
          
           ,
           that
           the
           Heirs
           of
           Blood
           succeeded
           without
           repealing
           of
           that
           Act
           ,
           as
           ane
           Act
           in
           it self
           invalide
           from
           the
           beginning
           :
           for
           only
           such
           Acts
           are
           past
           by
           ,
           without
           being
           repeal'd
           .
           And
           
             Blackwood
             pag.
          
           45.
           observes
           very
           well
           ,
           
           that
           so
           conscious
           were
           the
           Makers
           of
           these
           Acts
           ,
           of
           the
           illegality
           thereof
           ,
           and
           of
           their
           being
           contrarie
           to
           the
           immutable
           Laws
           of
           God
           ,
           Nature
           and
           Nations
           ,
           that
           none
           durst
           produce
           that
           Kings
           Testament
           wherein
           he
           did
           nominat
           a
           Successor
           ,
           conform
           to
           the
           power
           granted
           by
           these
           Acts
           ,
           that
           how
           soon
           they
           were
           freed
           by
           his
           death
           from
           the
           violent
           oppressions
           that
           had
           forced
           them
           to
           alter
           a
           Successor
           three
           several
           times
           ,
           and
           at
           last
           to
           swear
           implicitly
           to
           whomever
           he
           should
           nominat
           ,
           (
           a
           preparative
           which
           this
           age
           would
           not
           well
           bear
           though
           they
           cite
           it
           )
           they
           proclamed
           first
           Queen
           Mary
           their
           Queen
           though
           a
           Papist
           ,
           and
           thereafter
           Queen
           Elizabeth
           ,
           whom
           themselves
           had
           formerly
           declared
           a
           Bastard
           .
           And
           as
           in
           all
           these
           Acts
           there
           is
           nothing
           declaring
           the
           Parliaments
           to
           have
           power
           to
           name
           a
           Successor
           ,
           but
           only
           giving
           a
           power
           to
           the
           King
           ,
           for
           preventing
           mischiefs
           ;
           that
           might
           arise
           upon
           the
           dubiousness
           of
           the
           Succession
           ,
           to
           nominat
           a
           Successor
           ;
           two
           of
           the
           legal
           Successors
           having
           been
           declar'd
           Bastards
           upon
           some
           niceties
           ,
           not
           of
           nature
           ,
           but
           of
           the
           Popes
           Bulls
           for
           divorcing
           their
           Mothers
           :
           so
           ,
           this
           instance
           can
           only
           prove
           ,
           that
           the
           King
           may
           nominat
           a
           Successor
           ,
           and
           that
           the
           Parliament
           may
           consent
           ,
           not
           to
           quarrell
           it
           ,
           (
           which
           is
           all
           that
           they
           do
           )
           but
           does
           not
           at
           all
           prove
           ,
           
           that
           where
           the
           Right
           of
           Nature
           is
           clear
           ,
           the
           Parliament
           may
           invert
           the
           same
           .
           And
           strangers
           who
           considered
           more
           the
           dictats
           of
           Law
           than
           of
           Passion
           ,
           did
           in
           that
           age
           conclude
           ,
           that
           no
           Statute
           could
           be
           valide
           when
           made
           contrare
           to
           the
           fundamental
           Law
           of
           the
           Kingdom
           ,
           
             
               Arnisaeus
               Cap.
               7.
               
               Num.
            
             11.
             
             Henricus
             VIII
             .
             
               Angliae
               Rex
            
             Eduardum
             
               filium
               primò
               ,
               deinde
            
             Mariam
             ,
             denique
             Elizabetham
             
               suos
               haeredes
               fecerat
               ,
               verùm
               non
               aliter
               ea
               omnia
               valent
               quàm
               sicum
               jure
               Regni
               conveniant
               ,
            
             Vid.
             
               Curt.
               Tract
               .
               Feud
               .
               Par.
               4.
               
               Num.
            
             129.
             
          
        
         
           There
           seems
           greater
           difficulty
           to
           arise
           from
           the
           13
           Elizabeth
           c.
           2.
           by
           which
           it
           is
           enacted
           ,
           that
           if
           any
           persone
           shall
           affirme
           ,
           that
           the
           Parliament
           of
           England
           has
           not
           full
           power
           to
           bind
           and
           Governe
           the
           Crown
           in
           point
           of
           Succession
           and
           descent
           ,
           that
           such
           a
           persone
           ,
           during
           the
           Queens
           life
           ,
           shall
           be
           guilty
           of
           high
           treason
           .
        
         
           But
           to
           this
           Act
           it
           is
           answered
           ,
           that
           this
           Act
           does
           not
           debarre
           the
           next
           legal
           and
           natural
           Successor
           .
           And
           these
           words
           ,
           
             That
             the
             Parliament
             has
             power
             to
             bind
             and
             Govern
             the
             Succession
             ,
          
           must
           be
           ,
           as
           all
           other
           general
           expressions
           in
           Statutes
           ,
           interpreted
           and
           restricted
           by
           other
           uncontraverted
           Laws
           ;
           and
           so
           the
           sense
           must
           be
           ,
           that
           the
           Parliament
           are
           Judge
           
           where
           there
           are
           differences
           betwixt
           Competitors
           in
           nice
           and
           contravertable
           points
           which
           cannot
           be
           otherwise
           decided
           :
           and
           both
           this
           and
           the
           former
           Acts
           made
           in
           Henry
           the
           VI.
           time
           ,
           are
           not
           general
           Laws
           but
           temporarie
           Acts
           and
           personal
           Priviledges
           ;
           and
           so
           cannot
           overturn
           the
           known
           current
           of
           Law.
           
             Quod
             verò
             contrà
             rationem
             juris
             receptum
             est
             ,
             non
             est
             producendum
             ad
             consequentias
             .
          
           And
           in
           all
           these
           instances
           it
           is
           remarkable
           ,
           that
           the
           restriction
           was
           made
           upon
           the
           desire
           of
           the
           Soveraigne
           ,
           and
           not
           of
           the
           Subject
           .
           And
           if
           we
           look
           upon
           this
           Act
           as
           made
           to
           secure
           against
           Mary
           Queen
           of
           Scotland
           ,
           and
           to
           let
           her
           know
           ,
           that
           it
           was
           to
           no
           purpose
           for
           her
           to
           designe
           any
           thing
           against
           the
           Right
           ,
           or
           Person
           of
           Queen
           Elizabeth
           ,
           as
           being
           declar'd
           a
           Bastard
           ,
           by
           Act
           of
           Parliament
           in
           England
           ;
           since
           her
           other
           right
           as
           next
           undoubted
           Heir
           by
           Blood
           to
           the
           Crown
           ,
           might
           be
           altered
           ,
           or
           Govern'd
           :
           we
           must
           acknowledge
           it
           to
           be
           only
           one
           of
           these
           Statutes
           ,
           which
           the
           Law
           sayes
           ,
           are
           made
           
             ad
             terrorem
             &
             ex
             terrore
          
           only
           .
           Nor
           was
           there
           ever
           use
           made
           of
           it
           by
           Queen
           Elizabeth
           ,
           nor
           her
           Parliaments
           ;
           so
           fully
           were
           they
           convinc'd
           ,
           that
           this
           pretended
           power
           was
           so
           unjust
           ,
           as
           that
           it
           could
           not
           be
           justified
           by
           an
           Act
           of
           Parliament
           ,
           being
           contrair
           to
           the
           
           Laws
           of
           God
           ,
           of
           Nature
           ,
           of
           Nations
           ,
           and
           of
           the
           Fundamental
           Laws
           of
           both
           Kingdoms
           .
           But
           this
           Law
           being
           made
           to
           exclude
           Queen
           Mary
           ,
           and
           the
           Scotish
           line
           ,
           as
           is
           clear
           by
           that
           clause
           ,
           wherein
           it
           is
           declared
           that
           every
           Person
           or
           Persones
           of
           what
           degree
           or
           Nation
           soever
           they
           be
           ,
           shall
           during
           the
           Queens
           life
           declare
           or
           publish
           ,
           that
           they
           have
           Right
           to
           the
           Crown
           of
           England
           during
           the
           Queens
           life
           ,
           shall
           be
           disinabled
           to
           enjoy
           the
           Crown
           in
           Succession
           ,
           inheritance
           ,
           or
           otherwayes
           ,
           after
           the
           Queens
           death
           ;
           It
           therefore
           followes
           ,
           that
           it
           was
           never
           valide
           :
           For
           if
           it
           had
           ,
           King
           Iames
           might
           have
           thereby
           been
           excluded
           by
           that
           person
           who
           should
           have
           succeeded
           next
           to
           the
           Scotish
           race
           .
           For
           it
           's
           undeniable
           ,
           that
           Queen
           Marie
           did
           ,
           during
           Queen
           Elizabeths
           life
           ,
           pretend
           Right
           to
           the
           Crown
           ,
           upon
           the
           account
           that
           Queen
           Elizabeth
           was
           declared
           Bastard
           .
           And
           therefore
           the
           calling
           in
           of
           King
           Iames
           after
           this
           Act
           ,
           and
           the
           acknowledging
           his
           title
           ,
           does
           clearly
           evince
           ,
           that
           the
           Parliament
           of
           England
           knew
           ,
           that
           they
           had
           no
           power
           to
           make
           any
           such
           Act.
           The
           words
           of
           which
           acknowledgement
           of
           King
           
           James's
           Right
           ,
           I
           have
           thought
           fit
           to
           set
           down
           ,
           as
           it
           is
           in
           the
           statute
           it self
           ,
           1.
           
           
             Ja.
             Cap.
          
           1.
           
           
             That
             the
             Crown
             of
             England
             did
             
             descend
             upon
             King
             James
             by
             inherent
             Birthright
             ,
             as
             being
             lineally
             ,
             justly
             ,
             and
             Lawfully
             next
             ,
             and
             sole
             Heir
             of
             the
             Blood
             Royal.
             And
             to
             this
             recognition
             they
             do
             submit
             themselves
             ,
             and
             posterities
             for
             ever
             ,
             untill
             the
             last
             drop
             of
             their
             Blood
             be
             spilt
             .
             And
             further
             doth
             beseech
             his
             Majesty
             to
             accept
             of
             the
             same
             recognition
             ,
             as
             the
             first
             Fruits
             of
             their
             Loyalty
             ,
             and
             Faith
             to
             his
             Majesty
             ,
             and
             to
             his
             Royal
             progeny
             ,
             and
             posterity
             for
             ever
             .
          
        
         
           It
           may
           be
           also
           objected
           ,
           that
           by
           the
           8
           ,
           Act.
           Parl.
           1.
           
           Ja.
           6.
           
           It
           is
           provided
           in
           Scotland
           ,
           that
           all
           Kings
           ▪
           and
           Princes
           that
           shall
           happen
           to
           reigne
           and
           bear
           Rule
           over
           that
           Kingdom
           ,
           shall
           at
           the
           time
           of
           their
           Coronation
           ,
           make
           their
           faithfull
           promise
           by
           Oath
           in
           presence
           of
           eternal
           God
           ,
           that
           they
           shall
           mantaine
           the
           true
           Religion
           of
           
             Iesus
             Christ
          
           ,
           the
           preaching
           of
           the
           Holy
           Word
           ,
           and
           due
           and
           Right
           Administration
           of
           the
           Sacraments
           now
           received
           and
           preach'd
           within
           this
           Kingdom
           ;
           from
           which
           two
           conclusions
           may
           be
           inferr'd
           ,
           1.
           
           That
           by
           that
           Act
           the
           Successor
           to
           the
           Crown
           may
           be
           restricted
           .
           2.
           
           That
           the
           Successor
           to
           the
           Crown
           must
           be
           a
           Protestant
           ,
           that
           being
           the
           Religion
           which
           was
           Professed
           and
           established
           the
           time
           of
           this
           Act.
           
        
         
           To
           which
           it
           is
           answered
           ,
           that
           this
           Act
           relates
           
           only
           to
           the
           Crowning
           of
           the
           King
           ,
           and
           not
           to
           the
           Succession
           .
           Nor
           is
           a
           coronation
           absolutly
           necessar
           ,
           
             Coronatio
             enim
             magis
             est
             ad
             ostentationem
             ,
             quàm
             ad
             necessitatem
             .
             Nec
             ideo
             Rex
             est
             quia
             coronatur
             ,
             sed
             coronatur
             quia
             Rex
             est
             .
             Oldard
             :
             consil
             .
          
           90.
           num
           .
           7.
           
           
             Balbus
             lib.
             de
             coronat
             .
             pag
          
           40.
           
           Nor
           do
           we
           read
           that
           any
           Kings
           were
           Crown'd
           in
           Scripture
           except
           Ioas.
           And
           Clovis
           King
           of
           France
           was
           the
           first
           ,
           who
           was
           Crown'd
           in
           Europe
           .
           Nor
           are
           any
           Kings
           of
           Spaine
           Crown'd
           till
           this
           day
           .
           Neither
           is
           ane
           Coronation
           Oath
           requisit
           ;
           Sisenandus
           being
           the
           first
           who
           in
           the
           4.
           
           Tolletan
           Councel
           gave
           such
           an
           Oath
           amongst
           the
           Christians
           ,
           as
           Trajan
           was
           the
           first
           amongst
           the
           heathen
           Emperours
           .
           And
           we
           having
           had
           no
           Coronation
           Oath
           till
           the
           Reigne
           of
           King
           Gregorie
           ,
           which
           was
           in
           Anno
           879
           ,
           he
           having
           found
           the
           Kingdom
           free
           from
           all
           Restrictions
           ,
           could
           not
           have
           limited
           his
           Successor
           ,
           or
           at
           least
           could
           not
           have
           debarr'd
           him
           by
           an
           Oath
           .
           
             Nullam
             enim
             poterat
             legem
             dictare
             posteris
             ,
             cum
             par
             in
             parem
             non
             habeat
             imperium
             ,
          
           as
           our
           Blackwood
           observes
           .
           pag.
           13.
           
           (
           2.
           )
           There
           is
           no
           clause
           irritant
           in
           this
           Act
           debarring
           the
           Successor
           ,
           or
           declaring
           the
           Succession
           null
           in
           case
           his
           Successor
           gave
           not
           this
           Oath
           .
           3.
           
           The
           Lawfull
           Successor
           though
           he
           were
           of
           a
           different
           Religion
           from
           his
           
           People
           (
           as
           God
           forbid
           he
           should
           be
           )
           may
           easily
           swear
           ,
           that
           he
           shall
           mantaine
           the
           Laws
           presently
           standing
           .
           And
           any
           Parliament
           may
           legally
           secure
           the
           Successor
           from
           overturning
           their
           Religion
           or
           Laws
           ,
           though
           they
           cannot
           debarre
           him
           .
           And
           though
           the
           Successor
           did
           not
           swear
           to
           mantaine
           the
           Laws
           ,
           Yet
           are
           they
           in
           litle
           danger
           by
           his
           Succession
           ;
           since
           all
           Acts
           of
           Parliament
           stand
           in
           force
           ,
           till
           they
           be
           repeal'd
           by
           subsequent
           Parliaments
           :
           And
           the
           King
           cannot
           repeale
           an
           Act
           without
           the
           consent
           of
           Parliament
           .
           But
           to
           put
           this
           beyond
           all
           debate
           ,
           the
           2.
           
           Act
           of
           this
           current
           Parliament
           is
           opponed
           ,
           whereby
           it
           is
           declared
           ,
           
             that
             the
             Right
             and
             administration
             of
             the
             Government
             is
             immediatly
             devolv'd
             upon
             the
             nixt
             Lawfull
             Heir
             after
             the
             death
             of
             the
             King
             or
             Queen
             ,
             and
             that
             no
             difference
             in
             Religion
             ,
             nor
             no
             Law
             nor
             Act
             of
             Parliament
             can
             stop
             or
             hinder
             them
             in
             the
             free
             and
             actual
             administration
          
           ;
           which
           is
           an
           abrogation
           of
           the
           foresaid
           Act
           concerning
           the
           Coronation
           as
           to
           this
           point
           ;
           for
           how
           can
           the
           administration
           be
           devolv'd
           immediatly
           upon
           the
           Successor
           ,
           if
           he
           cannot
           administrat
           till
           he
           be
           Crown'd
           ,
           and
           have
           sworn
           this
           Oath
           .
        
         
           The
           next
           objection
           is
           ,
           that
           since
           the
           King
           and
           Parl.
           may
           by
           Act
           of
           Parl.
           alter
           the
           Successions
           of
           privat
           families
           though
           transmitted
           by
           
           the
           Right
           of
           blood
           ,
           why
           may
           they
           not
           alter
           the
           Succession
           in
           the
           Royal
           family
           ?
        
         
           To
           which
           it
           is
           answered
           ,
           that
           the
           reason
           of
           the
           difference
           lyes
           in
           this
           ,
           that
           the
           Heirs
           of
           the
           Crown
           owe
           not
           their
           Succession
           to
           Parliaments
           :
           for
           they
           succeed
           by
           the
           Laws
           of
           God
           ,
           nature
           ,
           and
           the
           Fundamental
           Laws
           of
           the
           nation
           ;
           whereas
           privat
           Families
           are
           Subject
           to
           Parliaments
           ,
           and
           inferiour
           to
           them
           ,
           and
           owe
           their
           privat
           Rights
           to
           a
           municipal
           Law
           ,
           and
           so
           may
           and
           ought
           in
           point
           of
           Right
           to
           be
           regulated
           by
           them
           .
           And
           yet
           I
           am
           very
           clear
           ,
           that
           a
           Parliament
           cannot
           arbitrarly
           debarr
           the
           eldest
           Son
           of
           a
           privat
           Family
           ,
           and
           devolve
           the
           Succession
           upon
           the
           younger
           :
           and
           if
           they
           did
           so
           ,
           their
           Acts
           would
           be
           null
           .
           But
           if
           this
           argument
           were
           good
           ,
           we
           might
           as
           well
           conclude
           by
           it
           ,
           that
           no
           persone
           born
           out
           of
           England
           ,
           or
           attainted
           of
           treason
           could
           succeed
           to
           the
           Crown
           ;
           Because
           he
           could
           not
           succeed
           to
           a
           privat
           Estate
           .
           All
           which
           and
           many
           moe
           instances
           do
           clearly
           demonstrat
           that
           the
           Successor
           to
           the
           Crown
           cannot
           be
           debarr'd
           ,
           nor
           the
           Succession
           to
           the
           Crown
           diverted
           by
           Act
           of
           Parliament
           .
        
         
           The
           last
           objection
           is
           ,
           that
           Robert
           the
           III.
           King
           of
           Scotland
           ,
           was
           by
           ane
           Act
           of
           Parliament
           preferr'd
           to
           David
           and
           Walter
           ,
           who
           
           (
           as
           he
           pretends
           )
           were
           truly
           the
           eldest
           lawful
           Sons
           of
           Robert
           the
           2d
           .
           because
           Euphan
           Daughter
           to
           the
           Earl
           of
           Ross
           was
           first
           lawful
           Wife
           to
           King
           Robert
           the
           2d
           ,
           and
           she
           bore
           him
           David
           Earl
           of
           Strathern
           ,
           and
           Walter
           Earl
           of
           
             Athol
             ,
             Alexander
          
           Earl
           of
           Buchan
           ,
           and
           Euphan
           who
           was
           married
           to
           James
           Earl
           of
           Dowglass
           ,
           after
           whose
           deceass
           he
           married
           
             Elizabeth
             Muir
          
           ,
           Daughter
           to
           Sir
           
             Adam
             Muir
          
           ;
           not
           so
           much
           (
           as
           Buchanan
           observes
           )
           from
           any
           design
           to
           marry
           a
           second
           Wife
           ,
           as
           from
           the
           great
           love
           he
           carried
           to
           
             Elizabeth
             Muir
          
           ,
           whom
           because
           of
           her
           extraordinary
           Beauty
           he
           had
           lov'd
           very
           passionatly
           in
           his
           youth
           ,
           and
           before
           he
           married
           the
           Earl
           of
           Rosses
           Daughter
           ,
           and
           from
           the
           love
           which
           he
           bore
           to
           the
           Sons
           whom
           Elizabeth
           had
           born
           before
           that
           first
           Marriage
           ,
           who
           were
           John
           Earl
           of
           Carrick
           (
           who
           thereafter
           succeeded
           to
           the
           Crown
           by
           the
           Title
           of
           Robert
           the
           
             3d
             ,
          
           )
           and
           Robert
           Earl
           of
           Fife
           and
           Monteith
           ,
           he
           prevail'd
           with
           the
           Parliament
           to
           prefer
           John
           eldest
           Son
           by
           
             Elizabeth
             Muir
          
           ,
           to
           the
           two
           Sons
           which
           he
           had
           by
           the
           Earl
           of
           Rosses
           Daughter
           ,
           who
           was
           (
           as
           they
           pretend
           )
           his
           first
           lawful
           Wife
           .
        
         
           In
           which
           though
           I
           might
           debate
           many
           nice
           points
           of
           Law
           relating
           to
           this
           Subject
           ,
           
           yet
           I
           choose
           only
           to
           insist
           on
           these
           few
           convincing
           Answers
           .
        
         
           1.
           
           That
           in
           a
           Case
           of
           so
           great
           moment
           Historians
           should
           be
           little
           credited
           ,
           except
           they
           could
           have
           produc'd
           very
           infallible
           Documents
           ;
           and
           as
           in
           general
           one
           Historian
           may
           make
           all
           who
           succeed
           him
           err
           ,
           so
           in
           this
           Case
           Boetius
           (
           who
           was
           the
           first
           )
           liv'd
           and
           wrot
           200
           years
           after
           the
           Marriage
           of
           King
           Robert
           the
           2d
           ,
           and
           wrot
           his
           History
           at
           Aberdeen
           ,
           very
           remote
           from
           the
           Registers
           and
           Records
           by
           which
           he
           should
           have
           instructed
           himself
           ;
           nor
           did
           he
           know
           the
           importance
           of
           this
           point
           ,
           having
           touch'd
           it
           only
           transiently
           ,
           though
           it
           has
           been
           design'dly
           press'd
           by
           Buchanan
           ,
           to
           evince
           that
           the
           Parliaments
           of
           Scotland
           might
           prefer
           any
           of
           the
           Royal
           Line
           they
           pleas'd
           ;
           and
           it
           is
           indeed
           probable
           that
           King
           Robert
           the
           2d
           .
           did
           for
           some
           time
           make
           no
           great
           noise
           of
           his
           first
           Marriage
           with
           
             Elizabeth
             Muir
          
           ,
           least
           the
           meaness
           of
           the
           Match
           should
           have
           weaken'd
           his
           Interest
           upon
           his
           first
           coming
           to
           the
           Crown
           ,
           he
           being
           himself
           the
           first
           of
           the
           Race
           of
           the
           Stewarts
           ,
           and
           having
           so
           strong
           Competitors
           as
           the
           Earl
           of
           Dowglass
           ,
           who
           claim'd
           Right
           to
           the
           Crown
           in
           the
           Right
           of
           the
           Baliol
           and
           the
           Cummings
           ,
           as
           Boetius
           himself
           observes
           .
        
         
         
           2.
           
           King
           Robert
           the
           3d.
           having
           succeeded
           as
           the
           eldest
           lawful
           Son
           ,
           and
           having
           been
           receiv'd
           as
           such
           by
           that
           Parliament
           ,
           and
           his
           Posterity
           by
           all
           succeeding
           Parliaments
           ,
           the
           Possession
           of
           the
           King
           and
           the
           Acquiescence
           of
           the
           People
           is
           the
           most
           infallible
           proof
           that
           can
           be
           adduc'd
           for
           proving
           that
           Robert
           was
           the
           eldest
           lawful
           Son
           ,
           nor
           have
           most
           Kings
           in
           Europe
           ,
           or
           the
           Heads
           of
           most
           private
           Families
           any
           other
           proof
           of
           their
           being
           the
           eldest
           and
           lawful
           Sons
           ,
           save
           that
           they
           succeeded
           and
           were
           acknowledg'd
           as
           such
           .
        
         
           3.
           
           
             To
             ballance
             the
             authority
             of
             these
             Historians
             ,
             I
             shall
             produce
             the
             Testimonie
             of
             the
             Learned
             Sir
          
           Lewis
           Stewart
           ,
           
             one
             of
             the
             most
             famous
             Lawyers
             we
             ever
             had
             ,
             and
             who
             ought
             much
             more
             to
             be
             believ'd
             than
          
           Buchanan
           ,
           
             not
             only
             because
             he
             was
             more
             disinterested
             ,
             but
             because
             he
             founds
             upon
             Acts
             of
             Parliament
             and
             old
             Charters
             which
             he
             himself
             had
             seen
             in
             the
             Registers
             ,
             in
             which
          
           Elizabeth
           Muir
           
             is
             acknowledg'd
             to
             have
             been
             the
             first
             Wife
             .
          
           Buchananus
           lib.
           9.
           in
           vitam
           Roberti
           2.
           affirmat
           Euphaniam
           Comitis
           Rossenssis
           filiam
           primam
           Regis
           Roberti
           2.
           uxorem
           fuisse
           &
           eâ
           mortuâ
           ,
           Regem
           superinduxisse
           
             Elizabetham
             Moram
          
           ex
           qua
           prius
           Liberos
           ternos
           mares
           suscepisset
           ,
           &
           ●am
           ●x●rem
           
           duxisse
           ,
           ejusque
           liberos
           regno
           desti●●sse
           ,
           ut
           postea
           eorum
           natu
           maximus
           suc●●essit
           quod
           quam
           falsum
           sit
           ,
           apparet
           ex
           archivis
           in
           carcere
           Edinburgensi
           reconditis
           ,
           ubi
           exstant
           separata
           acta
           duorum
           Parliamentorum
           ,
           subscripta
           manibus
           Ecclesiasticorum
           praesulum
           ,
           nobilium
           ,
           baronum
           ,
           &
           aliorum
           statuum
           Parliamenti
           ,
           &
           eorum
           sigillis
           roborata
           ,
           quibus
           
             Elizabetha
             Mora
          
           agnoscitur
           prima
           uxor
           ,
           &
           
             Euphania
             Rosse
          
           secunda
           ,
           &
           liberis
           ex
           
             Elizabetha
             Mora
          
           tanquam
           justis
           haeredibus
           ;
           Regni
           ,
           successive
           regnum
           dcernitur
           ,
           &
           post
           eos
           liberis
           
             Euphaniae
             Rosse
          
           nec
           non
           ibidem
           cartae
           extant
           plurima
           factae
           per
           Davidem
           secundum
           ,
           eorum
           patruum
           magnum
           ex
           diversit
           terris
           .
           Ioanni
           filio
           primogenito
           ,
           nepotis
           ejus
           Roberti
           ,
           dum
           
             Euphania
             Rosse
          
           viverit
           nec
           non
           
             Dar
             vidi
          
           filio
           natu
           maximo
           
             Euphaniae
             Rosse
          
           quem
           solum
           filium
           indigitat
           Roberti
           nepotis
           ,
           quod
           non
           fecisset
           si
           
             Elizabetha
             Mora
          
           non
           prius
           fuisset
           nupta
           Roberto
           ejus
           nepoti
           ,
           na●
           primogenitus
           nunquam
           attribuitur
           notho
           in●
           ego
           plures
           quam
           vigint●
           cartas
           in
           archivis
           inveni
           ,
           ubi
           etiam
           eas
           reliqui
           ,
           ex
           quibus
           sole
           clarius
           elucessit
           ,
           
             Elizabetham
             Moram
          
           prima●●
           f●isse
           uxorem
           ,
           &
           
             Euphaniam
             Rosse
          
           secundam
           ,
           nam
           extra
           contraversiam
           ,
           liberi
           
             Elizabethae
             Morae
          
           etate
           grandiores
           era●t
           liberis
           
             Euphaniae
             Rosse
             :
             which
             Paper
             I
             did
             get
             
             from
             the
             Lord
          
           Pitmeden
           ,
           
             who
             has
             himself
             written
             some
             learn'd
             Observations
             upon
             this
             point
             .
          
        
         
           4.
           
           I
           have
           my self
           seen
           an
           Act
           of
           Parliament
           (
           found
           out
           by
           the
           industry
           of
           Sir
           
             George
             Mackenzie
          
           of
           Tarbet
           ,
           now
           Lord
           Register
           )
           having
           the
           intire
           Seals
           of
           the
           Members
           of
           Parliament
           appended
           thereto
           ,
           by
           which
           the
           Parliament
           do
           swear
           Allegiance
           to
           Robert
           the
           2d
           .
           the
           first
           King
           of
           the
           Race
           of
           the
           Stewarts
           ;
           and
           after
           him
           Roberto
           
             Comiti
             de
          
           Carrict
           ,
           
             filio
             suo
             nat●
             maximo
          
           (
           his
           eldest
           Son
           )
           in
           Anno
           1371
           ,
           which
           was
           the
           first
           year
           of
           his
           Reign
           ;
           and
           if
           the
           pretended
           defect
           be
           true
           ,
           it
           was
           a
           very
           palpable
           ,
           and
           a
           very
           undenyable
           one
           ,
           and
           could
           not
           but
           have
           been
           unanswerably
           known
           to
           the
           whole
           Nation
           .
           And
           how
           can
           we
           imagine
           ,
           that
           the
           whole
           Parliament
           would
           have
           unanimously
           drawn
           upon
           themselves
           so
           dreadful
           a
           Perjury
           ,
           by
           excluding
           the
           lawful
           Heir
           ,
           against
           their
           National
           Oath
           in
           the
           Reign
           of
           K.
           Kenneth
           the
           3d
           ,
           whereby
           they
           swore
           to
           own
           ▪
           always
           the
           immediate
           Heir
           ,
           or
           that
           they
           would
           have
           entail'd
           upon
           themselves
           a
           Civil
           War
           ,
           by
           preferring
           even
           a
           questionable
           Heir
           ,
           after
           the
           Miseries
           which
           they
           had
           lately
           then
           felt
           ,
           in
           the
           competition
           betwixt
           the
           Bruce
           and
           
           the
           
             Baliol
             ▪
          
           Amongst
           which
           Seals
           ,
           the
           Seal
           of
           James
           Earl
           of
           Dowglass
           is
           one
           ,
           and
           how
           ridiculous
           is
           it
           to
           think
           ,
           that
           he
           would
           sit
           and
           declare
           a
           Bastard
           preferable
           to
           the
           Brother
           of
           his
           own
           Lady
           ,
           and
           to
           his
           own
           Lady
           who
           would
           have
           succeeded
           if
           her
           Brothers
           had
           died
           without
           Succession
           :
           Which
           Act
           of
           Parliament
           does
           also
           clearly
           prove
           ,
           that
           Buchanan
           did
           not
           at
           all
           understand
           matters
           of
           Fact
           in
           this
           part
           of
           the
           History
           ,
           for
           he
           asserts
           ,
           that
           after
           the
           death
           of
           
             Euphan
             Ross
          
           ,
           the
           King
           married
           
             Elizabeth
             Muir
          
           ,
           and
           did
           by
           Act
           of
           Parliament
           obtain
           the
           Crown
           to
           be
           settled
           upon
           Robert
           the
           3d
           ,
           Son
           to
           the
           said
           
             Elizabeth
             Muir
          
           ,
           upon
           whom
           he
           also
           bestow'd
           the
           Title
           of
           Carrick
           ;
           all
           which
           is
           most
           false
           ,
           for
           this
           Act
           of
           Parliament
           is
           dated
           in
           Anno
           1371
           ,
           and
           King
           Robert
           the
           2d
           .
           succeeded
           to
           the
           Crown
           that
           year
           ,
           nor
           did
           
             Euphan
             Ross
          
           die
           till
           the
           3d.
           year
           after
           he
           succeeded
           to
           the
           Crown
           ,
           and
           so
           not
           till
           the
           Year
           1374
           ,
           and
           yet
           in
           Anno
           1371
           this
           Act
           is
           past
           ,
           designing
           him
           Heir
           to
           the
           Crown
           ,
           and
           Earl
           of
           Carrick
           ,
           and
           consequently
           he
           was
           so
           design'd
           before
           the
           death
           of
           
             Euphan
             Ross.
          
           
        
         
           5.
           
           I
           have
           seen
           a
           Charter
           granted
           by
           King
           Robert
           the
           2d
           ,
           when
           he
           was
           only
           Steward
           of
           Scotland
           ,
           granted
           in
           anno
           1165
           ,
           
           and
           so
           long
           before
           he
           was
           King.
           In
           which
           Charter
           likewise
           ,
           John
           ,
           thereafter
           King
           ,
           by
           the
           name
           of
           Robert
           the
           3d
           ,
           is
           a
           conjunct
           Disponer
           with
           him
           ,
           under
           the
           express
           designation
           of
           the
           eldest
           Son
           and
           Heir
           .
           Robertus
           Senescallus
           Scotiae
           ,
           
             Comes
             de
          
           Strathern
           ,
           &
           Ioannes
           
             Senescallus
             primogenitus
             &
             haeresipsius
             Dominus
             Baroniae
             de
          
           Kyle
           ,
           &c.
           which
           Charter
           confirms
           to
           the
           Abbacy
           of
           Pasley
           several
           Lands
           disponed
           to
           them
           ,
           by
           
             Reginaldus
             More
          
           ,
           Father
           to
           Sir
           
             William
             More
          
           of
           Abercorn
           .
           And
           I
           find
           that
           David
           Duke
           of
           Rothsay
           ,
           was
           always
           in
           the
           Charters
           granted
           by
           his
           Father
           King
           Robert
           the
           first
           ,
           called
           Primogenitus
           ,
           and
           he
           was
           no
           Bastard
           ,
           nor
           can
           this
           designation
           be
           given
           to
           a
           Bastard
           ,
           as
           is
           clear
           by
           
             Covar●v●as
             de
             Matrim
             .
             part
             .
             2.
             cap.
          
           8.
           
           §
           .
           2.
           num
           4.
           
           But
           how
           can
           it
           be
           imagined
           that
           the
           Monks
           of
           Pasley
           would
           have
           taken
           a
           Right
           from
           a
           person
           as
           Heir
           to
           the
           Crown
           ,
           who
           was
           not
           :
           for
           this
           would
           have
           infer'd
           Treason
           against
           them
           ,
           beside
           the
           annulling
           their
           Right
           ,
           or
           who
           could
           understand
           better
           the
           lawfulness
           of
           a
           Marriage
           ,
           than
           a
           body
           of
           Church-men
           ,
           living
           in
           the
           time
           ,
           and
           very
           near
           to
           the
           Residence
           of
           the
           married
           Persons
           ,
           and
           in
           whose
           Conventual-Church
           the
           said
           King
           Robert
           and
           
             Elizabeth
             Muir
          
           ly
           buried
           together
           .
        
         
         
           Item
           ,
           I
           have
           seen
           in
           the
           Registers
           another
           Charter
           granted
           by
           King
           Robert
           the
           2.
           in
           the
           first
           year
           of
           his
           Reign
           ,
           with
           the
           consent
           of
           John
           Earl
           of
           
             Carrick
             ,
             primogenitus
             &
             haeres
          
           ,
           Allano
           de
           Lavidia
           
             terrarum
             de
          
           Whitslet
           ;
           And
           an
           other
           granted
           by
           the
           said
           King
           ,
           1.
           
           
             June
             ,
             anno
             primo
             regni
          
           ,
           confirming
           to
           
             Paulo
             M
             
             ctire
          
           a
           Charter
           granted
           by
           the
           Earl
           of
           Ross
           ,
           Father
           to
           Euphan
           ,
           wherein
           the
           said
           
             John
             primogenitus
             &
             hares
          
           ,
           is
           a
           Witness
           :
           And
           to
           shew
           that
           the
           said
           
             Euphan
             Ross
          
           was
           then
           living
           when
           he
           was
           so
           design'd
           Heir
           ,
           there
           is
           a
           Charter
           to
           her
           by
           the
           King
           upon
           the
           very
           same
           day
           of
           the
           Lands
           of
           Lochleaven
           .
           As
           also
           ,
           there
           is
           a
           Charter
           granted
           by
           King
           Robert
           the
           2d
           ,
           the
           first
           year
           of
           his
           Reign
           ,
           to
           Alexander
           his
           Son
           ,
           and
           another
           to
           
             John
             Kennedy
          
           of
           the
           Barrony
           of
           Dalrymple
           ,
           in
           both
           which
           the
           said
           John
           Earl
           of
           Carrick
           is
           call'd
           primogenitus
           ,
           and
           is
           Witness
           with
           the
           Earl
           of
           Dowglass
           ;
           so
           that
           he
           has
           been
           design'd
           eldest
           Son
           and
           Heir
           ,
           openly
           ,
           uncontravertedly
           ,
           and
           in
           all
           Papers
           ,
           and
           with
           the
           consent
           of
           the
           second
           Wife
           and
           her
           Relations
           .
        
         
           6.
           
           In
           the
           Parliament
           1372
           ,
           the
           said
           John
           Earl
           of
           Carrick
           is
           design'd
           to
           be
           Lieutenant
           of
           the
           Kingdom
           ,
           and
           all
           the
           Estates
           
           of
           Parliament
           swear
           to
           own
           him
           in
           his
           Government
           ,
           and
           which
           Statute
           is
           printed
           amongst
           the
           Satutes
           of
           King
           Robert
           the
           2d
           ,
           Father
           to
           the
           said
           John
           ,
           and
           which
           must
           be
           during
           the
           Marriage
           with
           
             Euphan
             Ross
          
           ,
           for
           she
           liv'd
           three
           years
           after
           her
           Husband
           was
           King
           ,
           and
           he
           succeeded
           to
           the
           Crown
           anno
           1371
           :
           And
           this
           also
           confutes
           Buchanan
           ,
           who
           asserts
           ,
           that
           he
           was
           created
           Earl
           of
           Carrick
           after
           the
           death
           of
           
             Euphan
             Ross
          
           ,
           and
           it
           is
           against
           all
           sense
           and
           reason
           to
           think
           that
           he
           could
           have
           been
           acknowledg'd
           during
           her
           life
           ,
           if
           he
           had
           not
           been
           the
           true
           Apparent
           Heir
           of
           the
           Crown
           and
           a
           lawful
           Son.
           
        
         
           7.
           
           Walter
           (
           who
           they
           pretend
           should
           have
           succeeded
           to
           the
           Crown
           ,
           )
           having
           kill'd
           his
           Nephew
           King
           James
           the
           first
           ,
           Son
           to
           King
           Robert
           the
           3d
           ;
           He
           was
           not
           only
           not
           own'd
           after
           the
           death
           of
           the
           said
           King
           James
           ,
           as
           certainly
           he
           had
           been
           if
           his
           Title
           had
           been
           good
           ,
           and
           his
           Right
           so
           recent
           and
           demonstrable
           ,
           having
           so
           many
           great
           and
           powerful
           Relations
           ,
           that
           his
           Father
           was
           induc'd
           upon
           their
           account
           to
           marry
           his
           Mother
           ;
           but
           yet
           the
           said
           Walter
           was
           by
           all
           the
           Parliament
           unanimously
           condemn'd
           as
           a
           Traitor
           ,
           for
           having
           conspir'd
           the
           death
           of
           his
           lawful
           Prince
           .
           Nor
           does
           
           Boetius
           justifie
           
           Walter
           's
           Title
           in
           the
           least
           ,
           but
           on
           the
           contrary
           ,
           magnifies
           the
           Parliament
           for
           their
           just
           Sentence
           .
           As
           did
           likewise
           
             Aeneas
             Silvius
          
           the
           Popes
           learned
           Legat
           ,
           who
           exhorted
           the
           Parliament
           to
           condemn
           him
           .
        
         
           8.
           
           How
           is
           it
           imaginable
           ,
           that
           King
           Robert
           who
           had
           so
           lately
           ,
           and
           after
           a
           strong
           competition
           come
           to
           the
           Crown
           ,
           would
           have
           adventur'd
           to
           make
           his
           Title
           yet
           more
           disputable
           ,
           by
           preferring
           a
           Bastard
           to
           the
           true
           Heir
           ,
           who
           had
           so
           many
           Friends
           by
           his
           Mother
           ,
           and
           who
           being
           an
           Infant
           had
           never
           disoblig'd
           him
           .
        
         
           9.
           
           If
           we
           will
           consider
           the
           opinion
           of
           the
           Civilians
           ,
           whom
           we
           and
           almost
           all
           Nations
           follow
           in
           the
           Cases
           of
           Succession
           ,
           we
           will
           find
           ,
           that
           the
           said
           King
           Robert
           the
           3d
           was
           the
           eldest
           and
           lawful
           Son
           of
           King
           Robert
           the
           
             2d
             .
             filius
             legitimus
             ,
             &
             non
             legitimatus
             .
          
           For
           ,
           1.
           
           They
           conclude
           ,
           that
           a
           Son
           is
           prov'd
           to
           be
           a
           lawful
           Son
           by
           the
           Assertion
           of
           the
           Father
           ,
           
             Alciat
             tract
             praesumpt
             .
             Reg.
             2
             ,
             praesumpt
             .
             2.
             num
             .
          
           6.
           and
           certainly
           the
           Father
           is
           the
           best
           Judge
           in
           such
           Cases
           ;
           but
           so
           it
           is
           we
           have
           the
           Father
           owning
           the
           said
           Robert
           the
           3d.
           to
           be
           his
           eldest
           Son
           and
           Heir
           ,
           both
           in
           Charters
           and
           Acts
           of
           Parliamnets
           ,
           which
           are
           the
           most
           solemn
           of
           all
           Deeds
           .
           2.
           
           
             Quando
             
             pater
             instituit
             aliquem
             tanquam
             filium
             s●um
             ,
          
           which
           holds
           in
           this
           Case
           ,
           where
           the
           Father
           institutes
           and
           leaves
           him
           Heir
           ,
           and
           the
           Parliament
           swears
           Allegiance
           to
           him
           as
           the
           Heir
           ,
           
             Mascard
             .
             de
             prob
             .
             vol.
             2.
             conclus
             .
          
           799.
           
           And
           in
           dubious
           Cases
           ,
           the
           Father's
           naming
           such
           a
           man
           as
           a
           Son
           ,
           presumes
           him
           to
           be
           a
           lawful
           Son
           ,
           
             nominatio
             parentis
             inducit
             filiationem
             in
             dubio
             ,
             l.
             ex
             facto
          
           §
           .
           
             si
             quis
             Rogatus
             ff
             .
             ad
             trebell
             .
          
           3.
           
           Even
           Fame
           ,
           and
           the
           common
           opinion
           of
           the
           People
           ,
           do
           in
           favours
           of
           these
           that
           are
           in
           Possession
           ,
           and
           in
           ancient
           Cases
           ,
           prove
           
             &
             filiationem
             ,
             &
             legitimationem
             ,
             Mascard
             .
             conclus
             .
          
           792.
           but
           much
           more
           ,
           where
           the
           Fame
           and
           common
           Opinion
           is
           adminiculated
           by
           other
           Arguments
           ,
           
             fulgos
             consil
             .
             128.
             
             Panorm
             .
             in
             cap.
             transmiss
             ,
             qui
             filii
             sunt
             ligittimi
             .
          
           4.
           
           When
           Writs
           are
           produc'd
           ,
           calling
           a
           man
           a
           Son
           ,
           the
           Law
           concludes
           him
           to
           be
           a
           lawful
           Son.
           
             Mascard
             .
             vol.
             2.
             conclus
             .
             800.
             num
          
           15.
           all
           which
           can
           be
           easily
           subsum'd
           in
           our
           Case
           .
           In
           which
           Robert
           the
           3d.
           is
           nam'd
           not
           only
           Son
           ,
           but
           Heir
           ,
           and
           Allegiance
           sworn
           to
           him
           ,
           even
           in
           the
           lifetime
           of
           the
           second
           Wife
           and
           her
           Relations
           sitting
           in
           Parliament
           ,
           and
           all
           this
           acquiesc'd
           in
           for
           many
           hundreds
           of
           years
           ,
           and
           the
           Competitors
           punish'd
           as
           Traitors
           by
           the
           unanimous
           consent
           of
           all
           the
           Parliament
           .
        
         
         
           I
           know
           that
           Buchanan
           does
           most
           bitterly
           inveigh
           against
           those
           Laws
           made
           by
           King
           Kenneth
           the
           3d
           ,
           as
           Laws
           whereby
           the
           ancient
           Right
           of
           Succession
           was
           innovated
           ,
           and
           whereby
           the
           Government
           was
           settled
           upon
           Children
           who
           were
           neither
           able
           to
           consult
           with
           the
           People
           ,
           nor
           to
           defend
           them
           ,
           and
           whereby
           those
           had
           the
           Government
           of
           the
           Nation
           conferr'd
           upon
           them
           who
           were
           not
           capable
           to
           govern
           themselves
           .
        
         
           To
           which
           my
           answer
           is
           ,
           That
           in
           this
           
           Buchanan's
           Malice
           contradicts
           his
           History
           ,
           for
           his
           own
           History
           tells
           us
           ,
           that
           the
           Scots
           swore
           Allegiance
           to
           Fergus
           and
           his
           Posterity
           ;
           and
           consequently
           
           Fergus's
           Son
           ought
           by
           Law
           to
           have
           succeeded
           ,
           and
           not
           his
           Brother
           ,
           for
           his
           Brother
           was
           none
           of
           his
           Posterity
           ,
           and
           therefore
           those
           Laws
           made
           by
           K.
           Kenneth
           did
           but
           renew
           the
           old
           Law
           ,
           and
           the
           innovation
           introduc'd
           in
           favours
           of
           the
           Uncles
           ,
           was
           a
           subversion
           of
           the
           fundamental
           Law
           to
           which
           they
           had
           sworn
           .
           2.
           
           That
           the
           old
           Law
           was
           not
           abrogated
           ,
           but
           was
           in
           Being
           by
           vertue
           of
           the
           first
           Oath
           ,
           appears
           very
           clear
           by
           Buchanan
           himself
           ,
           who
           confesses
           ,
           that
           upon
           the
           death
           of
           Durstus
           ,
           a
           wicked
           Prince
           ,
           it
           was
           debated
           whether
           his
           Son
           should
           not
           succeed
           
           
             juxta
             sacramentum
          
           Fergusio
           
             prestitum
             veteremque
             esse
             morem
             servandum
          
           ,
           which
           acknowledgeth
           that
           the
           Succession
           was
           even
           in
           these
           days
           established
           by
           Law
           ,
           by
           Oath
           ,
           and
           by
           Custom
           ;
           and
           after
           the
           death
           of
           Fergus
           the
           2d
           ,
           his
           Son
           Eugenius
           (
           though
           a
           Minor
           )
           was
           crown'd
           ,
           and
           his
           Uncle
           Graemus
           allow'd
           to
           be
           his
           Tutor
           .
           And
           Buchanan
           also
           brings
           in
           Bishop
           
             Kennedy
             ,
             lib.
          
           12.
           praising
           this
           Law
           as
           made
           by
           Kenneth
           ,
           a
           most
           wise
           and
           glorious
           Prince
           ,
           with
           advice
           of
           all
           his
           Estates
           of
           Parliament
           ;
           and
           which
           rather
           confirms
           (
           as
           he
           says
           )
           the
           old
           Law
           than
           introduces
           a
           new
           one
           ,
           so
           far
           did
           
           Buchanan's
           rage
           against
           Queen
           Mary
           prevail
           with
           him
           ,
           to
           praise
           and
           rail
           at
           the
           same
           individual
           Law
           ;
           and
           it
           is
           observable
           ,
           that
           it
           is
           very
           dangerous
           to
           recede
           once
           from
           fundamental
           Laws
           ,
           for
           Buchanan
           makes
           not
           only
           the
           Succession
           Elective
           ,
           but
           he
           makes
           no
           difference
           betwixt
           lawful
           Children
           and
           Bastards
           ,
           and
           excludes
           not
           only
           Minors
           during
           the
           Uncles
           life
           ,
           but
           Women
           for
           ever
           .
           3.
           
           In
           all
           Nations
           where
           the
           Monarchy
           is
           Hereditary
           ,
           Minors
           succeed
           ,
           and
           so
           this
           innovation
           of
           causing
           the
           next
           Male
           succeed
           for
           all
           his
           Life
           ,
           was
           contrary
           to
           the
           nature
           of
           the
           Monarchy
           and
           to
           the
           Customs
           of
           all
           Nations
           ,
           and
           God
           in
           Scripture
           
           gives
           us
           many
           instances
           of
           it
           :
           J●as
           succeeded
           when
           he
           was
           seven
           years
           of
           Age
           ,
           Josiah
           when
           he
           was
           eight
           ,
           Manasseh
           in
           twelve
           ,
           and
           Azariah
           in
           sixteen
           ;
           and
           yet
           in
           those
           days
           ,
           God
           is
           said
           to
           have
           chosen
           the
           King
           ,
           for
           it
           is
           said
           in
           
             Deut.
             Thou
             shalt
             set
             over
             thee
             ,
             the
             King
             whom
             I
             have
             chosen
             ,
          
           and
           consequently
           the
           choice
           of
           Minors
           cannot
           be
           ill
           ,
           since
           God
           Almighty
           us'd
           to
           make
           such
           a
           choice
           .
           I
           know
           that
           Eccless
           .
           10.
           16.
           says
           ,
           
             Woe
             unto
             the
             land
             when
             thy
             King
             is
             a
             child
             ,
          
           but
           the
           Criticks
           interpret
           this
           of
           a
           King
           that
           is
           childish
           ,
           
             puen
             intellectu
             &
             moribus
          
           ,
           or
           because
           Factions
           arise
           by
           the
           opposition
           to
           his
           Regents
           ,
           and
           this
           inconveniency
           did
           more
           necessarily
           attend
           the
           allowing
           a
           Regent
           King
           during
           Life
           ,
           for
           both
           the
           Subjects
           and
           the
           true
           Heir
           rais'd
           Factions
           in
           that
           Case
           ,
           whereas
           the
           Subjects
           only
           are
           factious
           in
           the
           other
           ,
           and
           yet
           even
           they
           are
           no
           more
           factious
           for
           that
           short
           time
           ,
           than
           they
           are
           always
           in
           Common-wealths
           .
           4.
           
           The
           reason
           why
           the
           Minor
           King
           was
           to
           have
           one
           to
           supply
           his
           Nonage
           ceasing
           with
           his
           Majority
           ,
           it
           was
           unreasonable
           that
           the
           Remedy
           should
           have
           lasted
           beyond
           the
           Disease
           ,
           and
           the
           worst
           effect
           that
           could
           have
           been
           occasion'd
           by
           the
           Infant
           King's
           Minority
           was
           ,
           that
           the
           
           Kingdom
           should
           have
           been
           during
           that
           time
           govern'd
           by
           joynt
           advice
           of
           Parliament
           ,
           Councils
           ,
           and
           Officers
           of
           State
           ,
           which
           in
           
           Buchanan's
           opinion
           in
           other
           places
           of
           his
           History
           and
           Book
           
             De
             Jure
             Regni
          
           ,
           is
           so
           excellent
           a
           Model
           ,
           that
           he
           decrys
           Monarchy
           as
           much
           inferior
           to
           it
           .
           5.
           
           It
           was
           most
           inconvenient
           to
           accustom
           any
           private
           Family
           to
           live
           in
           the
           quality
           of
           a
           King.
           6.
           
           It
           could
           not
           but
           occasion
           many
           Murders
           ,
           and
           much
           Faction
           ,
           for
           the
           true
           Heir
           could
           not
           live
           peaceably
           under
           this
           Eclipse
           and
           Exclusion
           ,
           nor
           could
           the
           Uncle
           live
           without
           making
           a
           Party
           to
           secure
           his
           pleasant
           Usurpation
           .
           7.
           
           As
           these
           Divisions
           and
           Factions
           were
           the
           natural
           and
           necessary
           Effects
           that
           were
           to
           be
           expected
           from
           this
           irregular
           Succession
           ,
           so
           it
           is
           very
           observable
           ,
           that
           from
           King
           Fergus
           to
           King
           Kenneth
           the
           3d
           ,
           we
           had
           79.
           
           Kings
           ,
           amongst
           whom
           ,
           almost
           the
           half
           were
           the
           most
           impious
           ,
           tyranical
           ,
           or
           lazie
           Kings
           that
           ever
           we
           had
           ,
           according
           to
           
           Buchanan's
           character
           of
           them
           ;
           so
           happy
           and
           wise
           a
           thing
           is
           this
           (
           so
           much
           magnified
           )
           Election
           of
           a
           Successor
           by
           the
           People
           and
           their
           Representatives
           ,
           to
           supply
           the
           defects
           of
           the
           lawful
           Heir
           ,
           whereas
           from
           King
           Kenneth
           the
           3d
           ,
           to
           King
           CHARLES
           the
           
             2d
             ,
             inclusivè
          
           ,
           we
           
           have
           had
           3●
           .
           Kings
           ,
           26.
           of
           whom
           have
           succeeded
           by
           a
           due
           lineal
           Right
           ,
           and
           have
           prov'd
           vertuous
           Princes
           ,
           greater
           by
           their
           Merit
           than
           their
           Birth
           ,
           as
           if
           God
           had
           design'd
           to
           let
           us
           see
           ,
           that
           though
           most
           of
           them
           succeeded
           whilst
           they
           were
           very
           young
           ,
           yet
           that
           he
           can
           choose
           a
           fitter
           Successor
           than
           Parliameuts
           can
           do
           ;
           whereas
           the
           other
           5.
           
           Kings
           who
           came
           to
           the
           Crown
           against
           that
           Law
           of
           Kenneth
           the
           
             3d
             ,
             viz.
             Constantine
          
           the
           bald
           ,
           
             Grimus
             ,
             Mackbeath
             ,
             Donal
             Bain
             ,
          
           and
           Duncan
           the
           2d
           ,
           were
           all
           persons
           who
           deserved
           very
           ill
           to
           be
           preferred
           to
           the
           true
           Heir
           ,
           and
           who
           ,
           as
           they
           came
           to
           the
           Crown
           against
           Law
           ,
           so
           govern'd
           without
           it
           :
           And
           it
           is
           very
           strange
           ,
           that
           the
           Fanaticks
           ,
           who
           think
           that
           every
           throw
           of
           the
           Dice
           is
           influenc'd
           by
           a
           special
           Providence
           ,
           will
           not
           allow
           ,
           that
           God
           does
           by
           a
           special
           Providence
           take
           care
           who
           shall
           be
           his
           Representative
           ,
           who
           shall
           be
           the
           Pastor
           of
           his
           Flock
           ,
           and
           nursing
           Father
           of
           his
           Church
           ;
           let
           us
           therefore
           trust
           his
           Care
           more
           than
           our
           own
           ,
           and
           hope
           to
           obtain
           more
           from
           him
           by
           Christian
           Submission
           ,
           Humility
           and
           Obedience
           than
           we
           can
           by
           Caballing
           ,
           Rebelling
           ,
           and
           Sacrilegious-Murdering
           ,
           or
           Excluding
           the
           true
           Successor
           .
        
         
           FINIS
           .
        
      
       
         
         
           What
           follows
           is
           immediatly
           to
           be
           subjony'd
           to
           the
           Testimony
           of
           Calvin
           ,
           Page
           90.
           
        
         
           
             I
             Know
             that
             to
             this
             it
             may
             be
             answered
             ,
             That
             the
             same
          
           Calvin
           
             does
             qualifie
             his
             own
             words
             ,
             which
             I
             have
             cited
             with
             this
             following
             Caution
             ,
          
           Si
           qui
           sunt
           
             (
             saith
             he
          
           )
           populares
           Magistratus
           ,
           ad
           moderandam
           Regum
           libidinem
           constituti
           (
           quales
           olim
           erant
           qui
           Lacedemoniis
           regibus
           oppositi
           erant
           ephori
           ;
           &
           quâ
           etiam
           fortè
           potestate
           (
           ut
           nunc
           res
           habent
           )
           fuguntur
           in
           singulis
           regnis
           ,
           tres
           ordines
           ;
           quum
           primarios
           conventus
           perag●nt
           )
           adeo
           illos
           ferocienti
           Regum
           licentiae
           ,
           pro
           officio
           intercedere
           non
           veto
           ;
           ut
           si
           Regibus
           impotenter
           grassantibus
           ,
           &
           humili
           plebeculae
           insultantibus
           conniveant
           ,
           eorum
           dissimulationem
           nefariâ
           perfidiâ
           non
           carere
           affirmam
           ;
           quia
           populi
           libertatem
           ,
           cujus
           se
           tutores
           Dei
           ordinatione
           positos
           nôrunt
           ,
           frandulenter
           produnt
           .
        
         
           To
           which
           my
           reply
           is
           ,
           That
           these
           words
           must
           be
           so
           constructed
           ,
           as
           that
           they
           may
           not
           be
           incosistent
           with
           his
           former
           clear
           and
           
           Orthodox
           Doctrine
           ,
           of
           not
           resisting
           Supream
           Powers
           ,
           the
           former
           being
           his
           positive
           Doctrine
           ,
           and
           this
           but
           a
           supervenient
           Caution
           ,
           and
           they
           do
           very
           well
           consist
           ▪
           for
           though
           Calvin
           be
           very
           clear
           ,
           that
           Kings
           cannot
           be
           resisted
           ,
           yet
           he
           thinks
           that
           this
           is
           only
           to
           be
           mean'd
           of
           those
           Kings
           who
           have
           no
           Superiors
           to
           check
           them
           by
           Law
           ,
           as
           the
           Kings
           of
           the
           Lacedemonians
           had
           ,
           who
           by
           the
           fundamental
           Constitution
           of
           their
           Monarchy
           ,
           might
           have
           been
           call'd
           to
           an
           accompt
           by
           the
           Ephori
           ,
           and
           so
           in
           effect
           were
           only
           Titular
           Kings
           :
           Or
           of
           such
           Monarchs
           as
           had
           only
           a
           co-ordinate
           Power
           with
           the
           States
           of
           their
           own
           Kingdom
           ;
           and
           even
           in
           these
           Cases
           ,
           he
           does
           not
           positively
           assert
           ,
           that
           these
           Monarchs
           may
           be
           resisted
           ,
           but
           does
           only
           doubt
           whether
           
             if
             there
             be
             any
             such
             Superior
             or
             co-ordinate
             Magistrate
             representing
             the
             People
          
           they
           may
           not
           restrain
           the
           Rage
           and
           Licentiousness
           of
           their
           Kings
           :
           But
           that
           Caution
           does
           not
           at
           all
           concern
           the
           
             Jus
             Regni
             apud
             Scotos
          
           ,
           because
           this
           cannot
           be
           said
           of
           the
           Kings
           of
           Great
           Britain
           ,
           since
           the
           States
           of
           Parliament
           are
           only
           call'd
           by
           the
           King
           ,
           and
           derive
           their
           Authority
           from
           him
           ,
           and
           the
           Legislative
           Power
           is
           solely
           in
           the
           King
           ,
           the
           States
           of
           Parliament
           being
           only
           Consenters
           ,
           
           he
           and
           not
           they
           can
           only
           make
           Peace
           and
           War
           ,
           and
           grant
           Remissions
           ,
           and
           against
           him
           and
           not
           them
           Treason
           only
           is
           committed
           ,
           and
           the
           Law
           Books
           of
           both
           Nations
           do
           affirm
           ,
           that
           the
           King
           is
           Supream
           ,
           and
           consequently
           even
           according
           to
           
           Calvin's
           Doctrine
           ,
           neither
           his
           People
           ,
           nor
           any
           of
           their
           Representatives
           ,
           can
           justly
           oppose
           ,
           and
           much
           less
           punish
           him
           .
        
         
           I
           know
           that
           Grotius
           is
           by
           the
           Republicans
           ,
           and
           the
           Fanaticks
           ,
           oft-times
           cited
           to
           defend
           this
           their
           Doctrine
           ,
           of
           opposing
           Princes
           ;
           but
           though
           his
           Testimony
           might
           be
           justly
           rejected
           ,
           as
           being
           himself
           born
           under
           a
           Commonwealth
           ,
           yet
           he
           is
           most
           impudently
           cited
           ,
           for
           he
           
             lib.
             1.
             cap.
          
           4.
           does
           positively
           lay
           down
           as
           a
           general
           and
           undoubted
           Rule
           ,
           that
           
             Summum
             imperium
             tenentibus
             ,
             resisti
             non
             potest
             ,
             Those
             who
             have
             the
             Supream
             Power
             cannot
             lawfully
             be
             resisted
          
           ;
           whilch
           Rule
           he
           founds
           upon
           the
           Principles
           of
           Reason
           ,
           the
           Authority
           of
           Scripture
           ,
           and
           the
           Practice
           of
           the
           Primitive
           Church
           ;
           and
           though
           he
           limits
           the
           same
           thereafter
           by
           some
           exceptions
           ,
           yet
           it
           will
           easily
           appear
           ,
           that
           these
           exceptions
           extend
           not
           at
           all
           to
           our
           Case
           .
        
         
           For
           the
           first
           relates
           only
           to
           such
           Kings
           ,
           as
           have
           receiv'd
           their
           Power
           with
           express
           
           condition
           ,
           that
           they
           may
           be
           try'd
           by
           other
           Magistrats
           .
        
         
           The
           second
           to
           such
           as
           have
           voluntarily
           resign'd
           their
           Empire
           ,
           as
           Charles
           the
           5th
           .
           did
           ;
           and
           so
           the
           one
           may
           be
           oppos'd
           ,
           because
           they
           were
           only
           Titular
           Kings
           :
           and
           the
           other
           ,
           because
           they
           left
           off
           to
           be
           Kings
           ,
           and
           consequently
           we
           are
           concerned
           in
           neither
           of
           these
           Cases
           .
        
         
           The
           third
           limitation
           is
           only
           in
           the
           Case
           where
           he
           who
           was
           truly
           a
           King
           ,
           has
           alienated
           his
           Kingdom
           to
           Strangers
           ;
           In
           which
           Case
           ,
           Grotius
           does
           contend
           ,
           that
           Subjects
           may
           refuse
           to
           obey
           ,
           because
           he
           ceaseth
           to
           be
           their
           King.
           But
           as
           this
           is
           not
           our
           Case
           ,
           so
           even
           in
           that
           Case
           Grotius
           is
           very
           clear
           ,
           that
           if
           this
           alienation
           be
           made
           by
           an
           Hereditary
           Monarch
           ,
           the
           alienation
           is
           null
           ,
           as
           being
           done
           in
           prejudice
           of
           the
           lawful
           Successor
           ,
           but
           he
           does
           not
           at
           all
           assert
           that
           the
           Monarch
           may
           be
           thereupon
           depos'd
           by
           his
           People
           .
        
         
           The
           fourth
           relates
           only
           to
           such
           Kings
           ,
           as
           from
           a
           hatred
           to
           their
           Countrey
           ,
           design
           its
           Destruction
           and
           utter
           Ruine
           ;
           but
           as
           he
           confesseth
           himself
           ,
           
             Id
             vix
             accidere
             potest
             in
             Rege
             mentis
             compote
          
           ;
           and
           consequently
           can
           take
           only
           place
           in
           a
           mad
           Man
           ,
           in
           which
           Case
           all
           Laws
           allow
           the
           Kingdom
           to
           be
           
           rul'd
           by
           Governours
           ,
           and
           Administrators
           in
           the
           King's
           Name
           ,
           if
           the
           Madness
           be
           Natural
           ,
           and
           a
           total
           depravation
           of
           Sense
           .
           But
           if
           by
           Madness
           be
           mean'd
           a
           moral
           Madness
           ,
           and
           design
           to
           ruine
           the
           Kingdom
           and
           the
           Subjects
           ,
           as
           was
           ,
           and
           is
           most
           impiously
           pretended
           against
           King
           CHARLES
           the
           first
           ,
           and
           King
           CHARLES
           the
           2d
           ,
           the
           best
           and
           most
           reasonable
           of
           Kings
           ;
           then
           Opposition
           in
           such
           Cases
           is
           not
           at
           all
           warranted
           by
           Grotius
           ,
           who
           speaks
           only
           of
           a
           Physical
           and
           Natural
           Madness
           ;
           for
           else
           ,
           every
           thing
           that
           displeaseth
           the
           People
           should
           be
           call'd
           Madness
           ;
           and
           so
           the
           exception
           should
           not
           limit
           but
           overturn
           the
           general
           rule
           ,
           and
           should
           arm
           all
           Subjects
           to
           rebel
           against
           their
           Princes
           ,
           and
           make
           them
           the
           Soveraign
           Judges
           in
           all
           Cases
           .
           Which
           is
           inconsistent
           with
           
           Grotius's
           own
           Doctrine
           ,
           and
           is
           excellently
           refuted
           by
           his
           own
           Reasons
           .
        
         
           The
           fifth
           relates
           only
           to
           Kings
           ,
           who
           by
           the
           fundamental
           Laws
           of
           the
           Kingdom
           are
           ty'd
           to
           such
           and
           such
           Conditions
           ,
           so
           as
           that
           if
           they
           fail
           in
           them
           ,
           they
           may
           be
           oppos'd
           .
        
         
           The
           sixth
           relates
           only
           to
           Kingdoms
           where
           the
           Power
           is
           equally
           devided
           betwixt
           the
           King
           and
           the
           Senate
           .
        
         
           The
           seventh
           is
           incase
           the
           King
           was
           at
           first
           invested
           by
           the
           People
           ,
           with
           express
           reservation
           
           to
           them
           to
           resist
           in
           such
           and
           such
           Cases
           ,
           and
           so
           is
           almost
           the
           same
           with
           the
           fifth
           ,
           and
           all
           these
           three
           differ
           little
           from
           the
           first
           .
           And
           with
           Grotius
           good
           leave
           ,
           they
           err
           also
           in
           this
           ,
           that
           they
           are
           not
           properly
           exceptions
           from
           his
           own
           rule
           ,
           for
           the
           rule
           being
           only
           ,
           that
           Supream
           Powers
           cannot
           be
           resisted
           ,
           these
           Powers
           are
           not
           Supream
           ,
           and
           they
           needed
           not
           be
           caution'd
           by
           an
           exception
           ,
           since
           they
           did
           not
           fall
           under
           the
           rule
           .
           But
           neither
           of
           these
           Cases
           extend
           to
           us
           ,
           since
           our
           King
           is
           by
           the
           Acts
           of
           Parliament
           fomerly
           cited
           ,
           declared
           
             to
             be
             Supream
             over
             all
             Persons
             and
             in
             all
             Causes
             ,
          
           nor
           made
           our
           Predecessors
           any
           such
           express
           reservations
           at
           the
           first
           erection
           of
           the
           Monarchy
           ,
           and
           consequently
           by
           Grotius
           own
           positive
           Doctrine
           cannot
           be
           resisted
           .
           And
           so
           far
           is
           Grotius
           an
           enemy
           to
           such
           Fanatical
           Resistance
           ,
           upon
           the
           pretence
           of
           Liberty
           and
           Religion
           ,
           that
           num
           .
           6.
           he
           calls
           the
           Authors
           of
           these
           Opinions
           ,
           Time
           Servers
           only
           .
           And
           Gronovius
           a
           violent
           Republican
           and
           Fanatick
           ,
           taxes
           him
           extreamly
           for
           it
           ,
           in
           his
           Observations
           upon
           that
           fourth
           Chapter
           ,
           whose
           Arguments
           adduc'd
           against
           Grotius
           I
           shall
           answer
           amongst
           the
           other
           Objections
           .
        
         
         
           
           Gronovius's
           first
           Argument
           why
           it
           should
           be
           lawful
           to
           resist
           the
           Supream
           Magistrate
           in
           defence
           of
           Religion
           ,
           is
           ,
           because
           if
           it
           be
           not
           lawful
           for
           Subjects
           to
           Arm
           themselves
           for
           Religion
           against
           their
           Prince
           ,
           it
           should
           not
           be
           lawful
           for
           their
           Prince
           by
           the
           same
           rule
           to
           defend
           himself
           against
           Turks
           and
           Infidels
           ,
           who
           would
           endeavour
           to
           force
           him
           to
           comply
           with
           their
           Impieties
           .
           But
           to
           this
           it
           is
           answered
           ,
           That
           Resistance
           to
           Superiors
           is
           expressly
           discharg'd
           by
           the
           Laws
           of
           God
           and
           Nature
           ,
           as
           said
           is
           ,
           but
           this
           cannot
           be
           extended
           to
           Cases
           where
           there
           is
           no
           Subjection
           nor
           Allegiance
           ;
           and
           it
           may
           be
           as
           well
           argu'd
           ,
           that
           because
           one
           private
           man
           may
           beat
           another
           who
           offers
           to
           strike
           him
           ,
           that
           therefore
           a
           Child
           may
           beat
           his
           Parent
           ,
           or
           a
           Servant
           his
           Master
           ,
           or
           that
           because
           I
           may
           violently
           resist
           a
           private
           man
           who
           offers
           to
           take
           away
           my
           Goods
           unjustly
           ,
           that
           therefore
           I
           may
           oppose
           the
           Sentence
           of
           the
           Magistrat
           ,
           because
           I
           forsooth
           do
           not
           think
           the
           same
           just
           .
        
         
           His
           second
           shift
           is
           ,
           That
           our
           Saviour
           commanded
           only
           absolute
           submission
           without
           resistance
           in
           the
           Infancy
           of
           the
           Church
           when
           he
           himself
           was
           miraculosly
           to
           assist
           his
           own
           Servants
           ,
           but
           this
           Submission
           was
           to
           end
           with
           the
           Miracles
           ,
           to
           which
           it
           related
           .
           
           As
           to
           which
           ,
           my
           answer
           is
           ,
           1.
           
           That
           all
           the
           Commands
           in
           Scripture
           may
           be
           so
           eluded
           ,
           nor
           is
           there
           any
           Duty
           more
           frequently
           and
           fully
           inculcated
           than
           this
           is
           ,
           and
           that
           too
           in
           the
           same
           Chapters
           amongst
           other
           Duties
           ,
           which
           are
           to
           last
           for
           ever
           ,
           such
           as
           submission
           to
           Parents
           ,
           and
           Masters
           ,
           and
           this
           is
           founded
           upon
           plain
           reason
           and
           conveniency
           ,
           and
           not
           upon
           Miracles
           .
           2.
           
           This
           was
           receiv'd
           and
           acknowledg'd
           by
           the
           Pagans
           ,
           as
           has
           been
           fully
           prov'd
           ,
           though
           it
           cannot
           be
           pretended
           that
           they
           rely'd
           upon
           any
           such
           miraculous
           assistance
           .
           3.
           
           It
           cannot
           be
           deny'd
           but
           the
           Fathers
           of
           the
           Primitive
           Church
           did
           recommend
           and
           justifie
           themselves
           in
           their
           Apologies
           to
           the
           Heathen
           Emperors
           for
           bearing
           patiently
           ,
           when
           they
           were
           able
           not
           only
           to
           have
           resisted
           ,
           but
           to
           have
           overthrown
           their
           Persecuters
           ,
           as
           is
           clear
           by
           the
           Citations
           out
           of
           
             Tertullian
             ,
             Cyprian
             ,
             Lactantius
             ,
             Augustine
             ,
          
           and
           others
           ,
           to
           be
           seen
           in
           
             Grotius
             ,
             De
             Jure
             Belli
             ,
             .
             lib.
             1.
             cap.
             4.
             num
             .
          
           7.
           
           And
           it
           had
           been
           great
           impudence
           as
           well
           as
           sin
           in
           them
           ,
           to
           have
           boasted
           of
           a
           recent
           matter
           of
           Fact
           ,
           which
           was
           not
           true
           ;
           nor
           could
           there
           be
           a
           greater
           injury
           done
           to
           the
           Primitive
           Christians
           ,
           as
           Grotius
           observes
           ,
           than
           to
           ascribe
           that
           to
           their
           Weakness
           ,
           which
           they
           consider'd
           as
           an
           effect
           
           of
           Duty
           ;
           and
           why
           should
           the
           Heathen
           Emperors
           have
           suffered
           those
           to
           multiply
           ,
           who
           obey'd
           only
           because
           Disobedience
           was
           not
           safe
           ,
           for
           they
           might
           have
           certainly
           concluded
           ,
           that
           by
           the
           same
           Principle
           that
           they
           obeyed
           only
           because
           they
           were
           weak
           ,
           they
           would
           disobey
           how
           soon
           they
           were
           able
           .
           4.
           
           If
           the
           first
           Christians
           in
           general
           had
           obeyed
           only
           because
           they
           were
           not
           able
           to
           resist
           ,
           then
           any
           private
           Christian
           had
           resisted
           when
           he
           was
           able
           ,
           or
           would
           have
           fled
           or
           conceal'd
           himself
           ,
           whereas
           it
           it
           acknowledg'd
           in
           the
           other
           Answer
           press'd
           by
           Gronovius
           himself
           ,
           that
           they
           sought
           for
           Martyrdom
           ,
           and
           so
           these
           two
           Answers
           are
           inconsistent
           ;
           and
           the
           
             Thebean
             Legion
          
           ,
           and
           others
           ,
           did
           submit
           themselves
           voluntarly
           to
           Martyrdom
           with
           their
           Arms
           in
           their
           hands
           ,
           and
           when
           they
           were
           able
           to
           have
           overthrown
           the
           Emperor
           .
           And
           lastly
           ,
           If
           this
           Doctrine
           were
           allow'd
           ,
           no
           Society
           could
           subsist
           ,
           for
           when
           Dissenters
           grew
           strong
           ,
           the
           lawful
           Magistrat
           behov'd
           to
           perish
           ;
           whereas
           Jesus
           Christ
           did
           contrive
           the
           Christian
           Religion
           ;
           so
           as
           that
           all
           Governours
           should
           reasonably
           wish
           their
           Subjects
           to
           be
           Christians
           ;
           and
           so
           as
           no
           Christian
           should
           attempt
           to
           overthrow
           the
           order
           and
           establishment
           of
           Civil
           Government
           ,
           and
           that
           they
           
           should
           not
           be
           drawn
           away
           from
           the
           practice
           of
           Christian
           Devotion
           by
           the
           carnal
           desires
           of
           being
           great
           and
           strong
           in
           the
           World
           ,
           nor
           have
           any
           hopes
           in
           the
           Arm
           of
           Flesh
           to
           the
           lessening
           of
           their
           immediate
           dependence
           upon
           him
           .
        
         
           His
           third
           shift
           is
           ,
           That
           his
           Doctrine
           of
           Submission
           and
           of
           dying
           for
           the
           Christian
           Religion
           without
           making
           Resistance
           ,
           was
           only
           the
           Practice
           ,
           but
           not
           the
           Command
           of
           the
           Primitive
           Church
           ,
           and
           proceeded
           from
           their
           immoderat
           affection
           of
           the
           Crown
           of
           Martyrdom
           ,
           as
           Milntoun
           also
           pretends
           .
           But
           since
           the
           express
           Command
           of
           Scripture
           is
           founded
           upon
           such
           clear
           Reason
           ,
           and
           since
           (
           as
           Grotius
           well
           observes
           )
           the
           Practice
           of
           the
           Primitive
           Christians
           ,
           who
           liv'd
           so
           near
           the
           Age
           wherein
           these
           Scriptures
           were
           pen'd
           ,
           is
           the
           best
           Interpreter
           of
           the
           Scripture
           ,
           it
           is
           horrid
           Impiety
           to
           make
           those
           blessed
           Martyrs
           pass
           for
           vain
           Hypocrites
           ,
           and
           distracted
           Self-murderers
           ;
           and
           it
           becomes
           us
           with
           holy
           reverence
           to
           imitate
           those
           whom
           the
           Christian
           Church
           has
           ever
           admir'd
           .
        
         
           The
           fourth
           shift
           is
           ,
           That
           the
           Protestant
           Churches
           have
           been
           reform'd
           by
           such
           Insurrections
           as
           these
           ,
           contrary
           to
           the
           Royal
           Authority
           .
           But
           this
           is
           fully
           answered
           by
           
           the
           learned
           
             Henry
             More
          
           in
           his
           
             Divine
             Dialogues
          
           ,
           and
           by
           
             Du
             Moulin
          
           in
           his
           
             Philanax
             Anglicus
          
           ;
           where
           likewise
           are
           to
           be
           found
           the
           many
           Testimonies
           of
           Protestant
           Churches
           ,
           and
           Protestant
           Divines
           ,
           condemning
           positively
           the
           taking
           up
           of
           Arms
           against
           the
           Soveraign
           Power
           ,
           even
           for
           the
           defence
           of
           Religion
           ;
           and
           the
           very
           
             Presbyterian
             Confession
             of
             Faith
             at
             Westminster
             ,
          
           is
           so
           positive
           as
           to
           this
           point
           ,
           that
           the
           Presbyterians
           themselves
           can
           never
           answer
           it
           .
           The
           sum
           of
           which
           answer
           is
           ,
           That
           the
           King
           of
           Spain
           coming
           by
           Marriage
           in
           place
           of
           the
           Duke
           of
           Burgundy
           ,
           the
           said
           King
           of
           Spain
           could
           pretend
           to
           no
           more
           power
           than
           they
           had
           ,
           nor
           could
           the
           House
           of
           Burgundy
           pretend
           to
           any
           more
           power
           by
           marrying
           the
           Heirs
           of
           the
           Counts
           of
           the
           several
           Provinces
           ,
           than
           these
           Counts
           had
           over
           their
           Provinces
           ;
           and
           therefore
           since
           none
           of
           these
           were
           Soveraigns
           over
           their
           Provinces
           ,
           the
           Provinces
           might
           have
           resisted
           the
           King
           of
           Spain
           when
           he
           oppress'd
           them
           ;
           and
           consequently
           that
           Resistance
           cannot
           defend
           such
           as
           resist
           Supream
           Powers
           upon
           pretence
           of
           Religion
           ,
           
             Grotius
             de
             Antiq.
             Reipub.
             Ba●av
             .
             cap.
          
           7.
           
        
         
           The
           opposition
           made
           by
           the
           Protestants
           in
           France
           ,
           was
           not
           occasion'd
           by
           Religion
           ,
           but
           upon
           a
           Quarrel
           betwixt
           the
           Princes
           of
           
           the
           Blood
           and
           the
           House
           of
           Guise
           in
           the
           Minority
           of
           Francis
           the
           2d
           ,
           and
           is
           defended
           most
           excellently
           by
           King
           James
           himself
           ,
           not
           to
           have
           been
           Rebellion
           ,
           in
           his
           
             Defence
             of
             the
             Right
             of
             Kings
             ,
          
           pag.
           14.
           
        
         
           The
           Opposition
           made
           by
           the
           Princes
           of
           Germany
           to
           the
           Emperor
           ,
           was
           founded
           upon
           the
           inherent
           Right
           in
           the
           Princes
           ,
           by
           the
           golden
           Charter
           of
           the
           Empire
           .
           And
           Luther
           himself
           declar'd
           ,
           that
           
             Magistrat●●
             non
             erat
             resistendum
          
           ,
           and
           has
           written
           a
           Book
           to
           that
           purpose
           ;
           nor
           would
           he
           engage
           in
           the
           Confederacy
           for
           Defensive
           Arms
           at
           Smalcald
           ,
           until
           the
           Lawyers
           declared
           that
           that
           Resistance
           was
           lawful
           by
           the
           Laws
           of
           the
           Empire
           ,
           Vide
           Slydan
           
             Hist.
             lib.
             8.
             anno
          
           1531.
           
        
         
           The
           War
           that
           arose
           in
           Switzerland
           ,
           was
           not
           occasion'd
           by
           Religion
           ;
           for
           the
           Reformation
           was
           once
           establish'd
           with
           the
           con-consent
           of
           the
           Magistrat
           .
           And
           the
           Eruption
           that
           was
           made
           by
           other
           Cantons
           upon
           the
           Reform'd
           Cantons
           eleven
           years
           after
           that
           Establishment
           ,
           Vide
           Slydan
           ,
           anno
           1522.
           
           Nor
           was
           it
           Calvin
           who
           banish'd
           the
           Prince
           and
           Bishop
           of
           Geneva
           ,
           for
           he
           fled
           eight
           Months
           before
           upon
           the
           detecting
           of
           a
           Conspiracy
           ,
           by
           which
           that
           Bishop
           was
           to
           deliver
           over
           the
           Liberties
           of
           that
           City
           to
           the
           Duke
           
           of
           Savoy
           ,
           and
           for
           which
           his
           Secretary
           was
           hang'd
           ,
           Vide
           Turretin
           .
           
             Annal.
             Reformationis
             ,
             anno
          
           1529.
           
           And
           albeit
           those
           who
           Reform'd
           in
           Scotland
           ,
           in
           the
           Reign
           of
           Queen
           Mary
           ,
           pretended
           Authority
           from
           the
           King
           ,
           yet
           they
           were
           certainly
           Rebels
           ,
           and
           are
           condem'd
           by
           Rivet
           ,
           a
           famous
           Protestant
           Divine
           ,
           who
           also
           inveighs
           bitterly
           against
           this
           Principle
           ,
           
             Castiga
             Not.
             in
             Epist.
             ad
             Balsac
             .
             cap.
             13.
             num
             .
             14.
             sub
             finem
             .
          
        
         
           From
           all
           which
           ,
           I
           observe
           ,
           First
           ,
           That
           all
           the
           Protestant
           Divines
           by
           making
           Apollogies
           for
           such
           of
           their
           Profession
           as
           have
           risen
           in
           Arms
           against
           Supream
           Powers
           ,
           must
           be
           thereby
           concluded
           to
           be
           asham'd
           of
           the
           Principle
           .
           2.
           
           Immediatly
           upon
           the
           quieting
           those
           Rebellions
           ,
           all
           the
           Protetestant
           Churches
           have
           in
           their
           
             Confessions
             of
             Faith
          
           ,
           declared
           their
           abhorrence
           of
           that
           Principle
           ;
           which
           being
           the
           product
           of
           Conviction
           and
           Experience
           ,
           joyn'd
           with
           Duty
           ,
           must
           be
           the
           most
           judicious
           and
           sincere
           Testimony
           of
           all
           others
           .
           3.
           
           All
           these
           Rebellions
           have
           been
           occasion'd
           by
           a
           mistake
           in
           point
           of
           Law
           ,
           and
           not
           in
           point
           of
           Religion
           ;
           for
           the
           Divines
           ,
           as
           I
           have
           related
           ,
           have
           been
           abused
           by
           the
           Lawyers
           :
           And
           therefore
           ,
           since
           in
           the
           Isle
           of
           Britain
           ,
           the
           Laws
           of
           both
           Kingdoms
           have
           declared
           
           the
           Rising
           in
           Arms
           against
           the
           King
           ,
           to
           be
           Treason
           ,
           albeit
           for
           the
           defence
           of
           Religion
           ;
           it
           necessarily
           follows
           ,
           that
           this
           must
           be
           unlawful
           in
           point
           of
           Conscience
           in
           this
           Kingdom
           .
           4.
           
           Though
           good
           things
           may
           be
           occasion'd
           by
           a
           Rebellion
           ,
           yet
           that
           does
           not
           justifie
           a
           Rebellion
           ;
           for
           though
           Jeroboam
           was
           allow'd
           by
           God
           to
           rise
           against
           Rehoboam
           ,
           yet
           God
           Almighty
           himself
           calls
           his
           revolt
           Rebellion
           ,
           1
           Kings
           12.
           19.
           and
           2
           Chron.
           10.
           19.
           and
           it
           is
           observable
           ,
           that
           after
           this
           Revolt
           ,
           there
           was
           but
           one
           good
           King
           amongst
           all
           the
           rebellious
           Kings
           of
           Israel
           ;
           whereas
           amongst
           the
           Kings
           of
           Judah
           ,
           who
           were
           lawful
           Kings
           ,
           there
           was
           but
           one
           or
           two
           who
           were
           any
           ways
           impious
           ;
           so
           far
           does
           God
           bless
           a
           lawful
           Succession
           .
        
         
           Some
           also
           use
           as
           a
           shift
           against
           this
           Orthodox
           Doctrine
           ,
           that
           the
           reason
           why
           the
           Primitive
           Christians
           did
           not
           oppose
           their
           Emperors
           in
           the
           defence
           of
           the
           Christian
           Religion
           ,
           was
           ,
           because
           they
           had
           not
           been
           secured
           at
           that
           time
           in
           the
           Exercise
           of
           their
           Religion
           by
           the
           Laws
           of
           the
           Empire
           ;
           and
           therefore
           the
           practice
           of
           those
           Christians
           can
           be
           no
           Argument
           why
           we
           may
           not
           now
           rise
           to
           defend
           the
           Orthodox
           Religion
           ,
           since
           it
           is
           now
           established
           by
           Law.
           But
           this
           Objection
           is
           fully
           answered
           by
           that
           great
           
           great
           Antiquary
           
             Samuel
             Pelit
             .
             Diatriba
             de
             Iur.
             Principum
             edictis
             Ecclesiae
             quaesito
             ,
          
           where
           he
           clearly
           proves
           ,
           that
           they
           were
           actually
           secured
           by
           the
           Edicts
           of
           the
           Emperors
           in
           the
           days
           of
           the
           Emperor
           Tiberius
           ,
           and
           downward
           ,
           and
           yet
           they
           would
           not
           rise
           in
           Arms
           though
           they
           were
           persecuted
           under
           these
           same
           Emperors
           ,
           because
           the
           Word
           of
           God
           and
           the
           Christian
           Religion
           did
           command
           Obedience
           under
           Persecution
           ,
           and
           discharged
           Resistance
           and
           taking
           up
           of
           Arms.
           
        
      
       
         
           Add
           to
           Page
           73.
           
        
         
           I
           have
           also
           seen
           in
           
           Fordon's
           History
           ,
           
             lib.
             14.
             pag.
          
           73.
           a
           Charter
           granted
           by
           King
           David
           to
           the
           Bishops
           ,
           with
           the
           consent
           of
           Robert
           his
           Nephew
           ,
           and
           his
           Sons
           giving
           power
           to
           the
           Bishops
           to
           dispone
           in
           Testament
           upon
           their
           own
           Moveables
           ,
           which
           before
           that
           time
           did
           by
           a
           corrupt
           custom
           fall
           to
           the
           King
           ,
           in
           which
           Charter
           ,
           the
           Witnesses
           are
           ,
           
             Robertus
             Senescallus
             Comes
             de
             Strathern
             ,
             Nepos
             noster
             Ioannes
             Senescallus
             Comes
             de
             Carrict
             ,
             filius
             suus
             primogenitus
             &
             haeres
             ,
             Thomas
             Comes
             de
             Mar
             ,
             Georgius
             de
             Dunbar
             ,
             Comes
             de
             March
             ,
             &
             Gulielmus
             Comes
             de
             Dowglass
          
           ;
           so
           that
           here
           is
           not
           only
           the
           attestation
           of
           the
           Father
           before
           he
           was
           King
           ,
           naming
           John
           Earl
           of
           Carrick
           ,
           thereafter
           King
           Robert
           
           the
           2d
           .
           his
           eldest
           Son
           and
           Heir
           ,
           but
           the
           attestation
           of
           the
           Grand-Uncle
           King
           David
           ,
           who
           could
           be
           no
           ways
           byassed
           in
           the
           Affair
           ;
           and
           here
           he
           is
           ranked
           before
           the
           three
           eldest
           Earls
           in
           the
           Nation
           ,
           who
           were
           then
           the
           three
           first
           Subjects
           therein
           ;
           and
           it
           is
           against
           all
           Sense
           ,
           to
           think
           that
           the
           whole
           Bishops
           would
           have
           sought
           the
           consent
           of
           the
           said
           John
           as
           Apparent
           Heir
           of
           the
           Crown
           ,
           if
           he
           had
           not
           been
           Apparent
           Heir
           .
           I
           find
           also
           ,
           that
           Fordon
           calls
           him
           when
           he
           is
           crown'd
           King
           ,
           
             Primogenitus
             Roberti
             secundi
          
           ;
           nor
           was
           there
           the
           least
           opposition
           made
           to
           his
           Coronation
           ,
           nor
           to
           the
           Coronation
           of
           
             Annabella
             Drummond
          
           his
           Queen
           (
           a
           Daughter
           of
           the
           House
           of
           Stob-hall
           ,
           now
           
             Pearth
             ,
          
           )
           though
           both
           the
           Sons
           of
           the
           second
           Marriage
           were
           then
           alive
           .
           I
           sind
           also
           ,
           that
           Boetius
           himself
           acknowledges
           ,
           that
           the
           Earl
           of
           Marches
           Son
           George
           ,
           being
           pursu'd
           for
           having
           married
           clandestinly
           one
           of
           the
           Daughters
           of
           
             Elizabeth
             Muir
          
           ,
           his
           defence
           was
           ,
           that
           he
           married
           her
           when
           she
           was
           the
           Daughter
           of
           a
           private
           Subject
           ,
           and
           before
           King
           Robert
           was
           King
           ,
           whereas
           if
           she
           had
           been
           only
           a
           Bastard-Daughter
           ,
           it
           could
           have
           been
           no
           Crime
           to
           have
           married
           her
           .