Reflections upon a treasonable opinion, industriously promoted, against signing the National association and the entring into it prov'd to be the duty of all subjects of this kingdom.
         Atwood, William, d. 1705?
      
       
         
           1696
        
      
       Approx. 199 KB of XML-encoded text transcribed from 35 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2008-09 (EEBO-TCP Phase 1).
         A26178
         Wing A4179
         ESTC R16726
         12101405
         ocm 12101405
         54119
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A26178)
         Transcribed from: (Early English Books Online ; image set 54119)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 590:1)
      
       
         
           
             Reflections upon a treasonable opinion, industriously promoted, against signing the National association and the entring into it prov'd to be the duty of all subjects of this kingdom.
             Atwood, William, d. 1705?
          
           [4], 64 p.
           
             Printed and sold by E. Whitlock ...,
             London :
             1696.
          
           
             "The epistle dedicatory" signed: W. Atwood.
             Includes bibliographical references.
             Reproduction of original in Harvard University Libraries.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           Allegiance -- England.
           Treason -- England.
        
      
    
     
        2006-03 TCP
        Assigned for keying and markup
      
        2006-03 Aptara
        Keyed and coded from ProQuest page images
      
        2007-03 Ali Jakobson
        Sampled and proofread
      
        2007-03 Ali Jakobson
        Text and markup reviewed and edited
      
        2008-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
         
           REFLECTIONS
           UPON
           A
           Treasonable
           Opinion
           ,
           Industriously
           promoted
           ,
           Against
           SIGNING
           the
           National
           Association
           :
           AND
           The
           Entring
           into
           it
           prov'd
           to
           be
           the
           Duty
           of
           all
           the
           Subjects
           of
           this
           KINGDOM
           .
        
         
           Hoc
           quidem
           perspicuum
           est
           ,
           eos
           ad
           imperandum
           deligi
           solitos
           ,
           quorum
           de
           justitiâ
           magna
           esset
           opinio
           multitudinis
           ;
           adjuncto
           verò
           ,
           ut
           iidem
           etiam
           prudentes
           haberentur
           :
           nihil
           erat
           quod
           homines
           his
           auctoribus
           non
           posse
           consequi
           se
           arbitrarentur
        
         
           Civ
           .
           de
           of
           .
           lib.
           2.
           
        
         
           LONDON
           ,
           Printed
           and
           Sold
           by
           
             E.
             Whitlock
          
           near
           Stationers-Hall
           .
           1696.
           
        
      
       
         
         
         
           To
           His
           Excellency
           CHARLES
           Duke
           of
           SHREWSBURY
           ,
           one
           of
           the
           Lords
           Justices
           of
           England
           ,
           and
           one
           of
           His
           Majesty's
           Principal
           Secretaries
           of
           State
           ,
           &c.
           
        
         
           May
           it
           please
           your
           Excellency
           .
        
         
           SINCE
           among
           the
           many
           subjects
           of
           just
           Praise
           ,
           which
           make
           up
           Excellency's
           distinction
           ,
           it
           is
           not
           the
           least
           ,
           that
           the
           
             true
             Religion
             ,
             and
             Loyalty
          
           ,
           are
           known
           to
           have
           been
           chosen
           with
           a
           Judgment
           properly
           your
           own
           ;
           my
           ambition
           could
           not
           carry
           me
           to
           a
           fitter
           Patron
           for
           Truths
           ,
           which
           are
           to
           encounter
           a
           strong
           Pre-possession
           ,
           in
           Men
           taught
           to
           object
           novelty
           against
           
             this
             Revolution
          
           :
           tho'
           with
           as
           little
           cause
           of
           triumph
           ,
           as
           the
           Papists
           have
           for
           their
           question
           ,
           
             where
             was
             the
             Protestant
             Church
          
           before
           Luther
           ?
        
         
           As
           your
           Excellency's
           wise
           and
           vigorous
           discharge
           ,
           of
           Offices
           of
           the
           highest
           Trust
           and
           Consequence
           ,
           under
           our
           
             only
             rightful
             Sovereign
             ,
             King
             WILLIAM
             ,
          
           revives
           to
           France
           the
           noted
           Terrors
           in
           the
           name
           of
           Talbot
           ;
           permit
           me
           from
           thence
           to
           take
           an
           Omen
           of
           Success
           ,
           against
           Arguments
           supported
           by
           the
           
             French
             Interest
             ,
             and
             Power
          
           ,
           more
           than
           by
           any
           colour
           of
           reason
           .
        
         
           Yet
           ,
           they
           who
           oppose
           the
           Right
           of
           the
           
             present
             Government
          
           ,
           having
           pretended
           to
           seeming
           Authorities
           ;
           
           I
           have
           used
           that
           method
           ,
           which
           I
           hope
           may
           be
           proper
           for
           their
           conviction
           :
           giving
           a
           short
           view
           of
           what
           ,
           upon
           the
           various
           Exigencies
           of
           the
           Publick
           ,
           in
           all
           Ages
           of
           this
           Monarchy
           ,
           has
           been
           the
           uniform
           Judgment
           ,
           and
           regular
           Practice
           ,
           of
           
             Conventions
             of
             the
             States
          
           ,
           and
           Parliaments
           ,
           of
           this
           Kingdom
           ;
           in
           concurrence
           with
           several
           
             glorious
             Preservers
             of
             the
             English
             Liberties
             .
          
        
         
           But
           ,
           that
           I
           may
           use
           an
           Authority
           ,
           sufficient
           in
           it self
           to
           justifie
           our
           present
           Settlement
           ;
           I
           beg
           leave
           to
           appeal
           to
           Excellency's
           early
           and
           eminent
           Example
           :
           which
           will
           weigh
           more
           ,
           with
           Persons
           acquainted
           with
           so
           illustrious
           a
           Character
           ,
           than
           any
           Argument
           from
           pass'd
           Times
           .
        
         
           And
           yet
           ,
           what
           I
           here
           offer
           ,
           being
           for
           the
           most
           part
           ,
           the
           Result
           of
           the
           
             Collective
             Wisdom
             of
             the
             Nation
          
           ;
           may
           not
           be
           wholly
           undeserving
           of
           your
           Excellency's
           Patrondge
           :
           nor
           can
           I
           apprehend
           ,
           that
           you
           will
           refuse
           these
           Fundamental
           Truths
           ,
           the
           benefit
           of
           being
           recommended
           to
           the
           World
           under
           
             so
             Great
             a
             Name
          
           :
           which
           ,
           tho'
           it
           will
           set
           my
           faults
           in
           the
           clearer
           light
           ;
           if
           your
           Excellency
           shall
           be
           thought
           to
           bear
           with
           'em
           ,
           cannot
           but
           moderate
           the
           Censures
           ,
           against
        
         
           
             Your
             Excellency's
             most
             devoted
             humble
             Servant
             ,
             W.
             Atwood
             .
          
        
      
    
     
       
         
         
           REFLECTIONS
           UPON
           A
           Treasonable
           Opinion
           ,
           &c.
           
        
         
           THE
           Enemies
           of
           the
           Peace
           of
           these
           Realms
           having
           handed
           about
           a
           Paper
           ,
           as
           the
           Opinion
           of
           a
           certain
           
             florid
             Gentleman
          
           of
           the
           long
           Robe
           ,
           eminent
           for
           making
           
             New
             Treasons
          
           ;
           and
           whose
           Authority
           is
           said
           to
           have
           prevailed
           with
           several
           to
           refuse
           Signing
           the
           Associatlon
           for
           the
           defence
           of
           His
           Majesty's
           Sacred
           Person
           ,
           and
           
             Rightful
             Authority
          
           ;
           I
           shall
           offer
           what
           I
           conceive
           a
           sufficient
           Antidote
           to
           the
           Poyson
           he
           would
           spread
           ,
           with
           all
           his
           
             affected
             softness
          
           .
        
         
           The
           words
           of
           the
           Opinion
           ,
           as
           they
           have
           occurr'd
           to
           me
           ,
           are
           these
           :
        
         
           By
           the
           Statute
           of
           Hen.
           7.
           the
           Subjects
           are
           Indemnified
           in
           taking
           an
           Oath
           ,
           
           or
           Fighting
           for
           a
           King
           
             de
             Facto
          
           :
           But
           the
           Association
           is
           not
           within
           the
           Statute
           ,
           but
           an
           
             Overt
             Act
             of
             Treason
          
           against
           the
           King
           
             de
             Jure
          
           ,
           and
           Punishable
           as
           such
           when
           he
           shall
           be
           restored
           .
        
         
           In
           refuteing
           the
           pernicious
           Errors
           contained
           in
           this
           Opinion
           ,
           I
           shall
           evince
           ,
        
         
           First
           ,
           That
           according
           to
           the
           best
           Authorities
           of
           them
           ,
           who
           suppose
           that
           there
           may
           be
           a
           King
           
             de
             Jure
          
           ,
           as
           distinguished
           from
           a
           King
           in
           Fact
           ;
           the
           Right
           of
           the
           supposed
           King
           
             de
             Jure
          
           is
           not
           such
           ,
           as
           makes
           any
           Act
           against
           him
           to
           be
           Treason
           ;
           nor
           is
           he
           King
           ,
           or
           has
           any
           Right
           against
           the
           King
           in
           Possession
           ,
           or
           his
           Issue
           .
        
         
         
           Secondly
           ,
           That
           an
           Association
           for
           the
           Defence
           of
           the
           
             King's
             Person
          
           and
           Right
           ,
           is
           within
           the
           purview
           of
           the
           Stat.
           11
           H.
           7.
           and
           that
           as
           plainly
           as
           an
           Oath
           of
           Allegianee
           .
        
         
           Thirdly
           ,
           That
           it
           is
           not
           supposed
           or
           implyed
           in
           that
           Act
           ,
           that
           there
           was
           or
           might
           be
           a
           King
           
             de
             Jure
          
           ,
           while
           an
           other
           was
           King
           in
           Fact
           ;
           but
           that
           according
           to
           that
           Act
           ,
           the
           King
           for
           the
           time
           being
           ,
           is
           the
           onely
           
             Rightful
             King.
          
           
        
         
           Fourthly
           ,
           That
           the
           Statute
           11
           H.
           7.
           is
           not
           introductory
           of
           any
           new
           Law
           in
           this
           matter
           .
        
         
           Fifthly
           ,
           That
           his
           Present
           Majesty
           is
           the
           only
           King
           
             de
             Jure
          
           ;
           and
           that
           the
           late
           King
           neither
           is
           ,
           nor
           of
           Right
           ought
           to
           be
           ,
           King.
           
        
         
           Sixthly
           ,
           That
           according
           to
           this
           Gentleman
           's
           own
           Law
           ,
           he
           is
           Guilty
           of
           High-Treason
           against
           our
           Sovereign
           Lord
           the
           King.
           
        
         
           1.
           
           
           The
           Lord
           Coke
           ,
           upon
           the
           Statute
           of
           Treason
           25
           E.
           3.
           referring
           in
           the
           Margin
           to
           the
           Statute
           11
           H.
           7.
           says
           ,
        
         
           
             This
             is
             to
             be
             understood
             of
             a
             
               King
               in
               Possession
            
             of
             the
             Crown
             ,
             and
             Kingdom
             :
             For
             if
             there
             be
             a
             
               King
               Regnant
            
             in
             Possession
             ,
             altho'
             he
             be
             
               Rex
               de
               Facto
            
             ,
             and
             not
             
               de
               Jure
            
             ,
             yet
             he
             is
             
               Seignior
               le
               Roy
            
             within
             the
             purview
             of
             this
             Statute
             ;
             and
             the
             other
             ,
             
             who
             hath
             the
             Right
             ,
             and
             is
             
               out
               of
               Possession
            
             ,
             is
             not
             within
             this
             Act.
             
          
        
         
           Sir
           
             Mathew
             Hale
          
           says
           what
           in
           substance
           agrees
           with
           the
           Lord
           Coke
           .
        
         
           
             A
             a
             King
             ,
             says
             he
             ,
             speaking
             of
             the
             Statute
             25
             E.
             3.
             
               de
               Facto
            
             ,
             and
             not
             
               de
               Jure
            
             ,
             is
             a
             King
             withing
             that
             Act
             ;
             and
             Treason
             against
             him
             is
             punishable
             ,
             tho'
             the
             right
             Heir
             get
             the
             Crown
             .
          
        
         
           Indeed
           ,
           both
           those
           Great
           Men
           seem
           to
           suppose
           ,
           or
           admit
           ,
           that
           there
           might
           be
           one
           who
           had
           ,
           or
           at
           some
           time
           or
           other
           might
           have
           ,
           
             a
             sort
             of
             Right
          
           ,
           notwithstanding
           another's
           being
           so
           
             fully
             King
          
           ,
           that
           a
           Conspiracy
           to
           Kill
           ,
           or
           Depose
           him
           ,
           would
           be
           Treason
           .
        
         
           But
           it
           is
           to
           be
           consider'd
           ,
        
         
           1.
           
           That
           the
           Lord
           Coke
           does
           not
           suppose
           that
           there
           may
           be
           a
           King
           
             de
             Jure
          
           ,
           while
           another
           is
           King
           in
           Fact
           ;
           unless
           
           this
           supposition
           is
           warranted
           by
           the
           Statute
           11
           H.
           7.
           which
           ,
           as
           I
           shall
           prove
           ,
           it
           is
           not
           .
        
         
           2.
           
           The
           Statute
           ,
           which
           in
           both
           their
           Judgments
           regards
           only
           the
           
             King
             Regnant
          
           ,
           makes
           it
           Treason
           to
           Conspire
           the
           Death
           of
           the
           King
           's
           b
           
             Eldest
             Son
          
           ,
           or
           to
           violate
           his
           
             Eldest
             Daughter
          
           ;
           for
           the
           last
           of
           which
           ,
           the
           Lord
           Coke
           c
           assigns
           this
           Reason
           ,
           That
           
             for
             default
             of
             Issue
             Male
             ,
             she
             only
             is
             Inheritable
             to
             the
             Crown
             .
          
        
         
           So
           that
           the
           supposed
           King
           
             de
             Jure
          
           appears
           to
           be
           barred
           ,
           not
           only
           by
           the
           Possession
           of
           the
           King
           in
           Fact
           ,
           but
           even
           by
           that
           Right
           which
           is
           Vested
           in
           his
           Son
           or
           Daughter
           ,
           before
           either
           of
           them
           have
           Possession
           .
        
         
           And
           ,
           indeed
           ,
           That
           Right
           which
           ordinarily
           would
           descend
           to
           the
           Eldest
           Son
           of
           the
           
             King
             Regnant
          
           ,
           is
           truly
           explanatory
           of
           all
           that
           will
           be
           found
           to
           have
           belonged
           to
           one
           ,
           who
           since
           E.
           4.
           of
           the
           elder
           branch
           of
           the
           Royal
           Stock
           ,
           got
           Possession
           ,
           has
           often
           been
           call'd
           King
           
             de
             Jure
          
           ;
           tho'
           ,
           as
           will
           appear
           ,
           in
           a
           sence
           very
           different
           from
           the
           Modern
           vulgar
           Notion
           :
           Nor
           does
           the
           Judgment
           even
           of
           E.
           the
           4th's
           own
           Parliament
           ,
           in
           the
           least
           favour
           the
           
             late
             King
          
           :
           however
           if
           it
           did
           ,
           later
           Parliaments
           in
           the
           time
           of
           H.
           7.
           have
           taken
           away
           all
           colour
           from
           such
           pretences
           .
        
         
           That
           the
           Eldest
           Son
           even
           of
           the
           most
           Rightful
           
             Regnant
             King
          
           ,
           was
           not
           King
           upon
           the
           Death
           of
           his
           Father
           ,
           without
           a
           Parliamentary
           Settlement
           of
           the
           Crown
           upon
           him
           before
           his
           Fathers
           Death
           ;
           nor
           with
           it
           ,
           till
           the
           States
           of
           the
           Kingdom
           had
           actually
           received
           and
           recognized
           such
           Son
           ,
           will
           appear
           beyond
           contradiction
           :
           And
           that
           the
           Eldest
           Son
           's
           Right
           was
           only
           a
           Right
           to
           be
           
             declared
             King
          
           ,
           unless
           he
           was
           unfit
           to
           Reign
           ,
           or
           the
           exigencies
           of
           the
           Publick
           required
           the
           advancing
           some
           other
           Person
           of
           the
           
             Royal
             Family
          
           .
        
         
           If
           a
           deserving
           Person
           was
           kept
           back
           ,
           or
           one
           so
           judged
           by
           his
           own
           Party
           ,
           or
           the
           Nation
           ,
           when
           he
           prevailed
           ,
           the
           least
           Complement
           they
           could
           make
           him
           was
           ,
           that
           
             of
             Right
          
           ,
           he
           ought
           to
           
             have
             been
             King
          
           ,
           before
           
             he
             was
             King
          
           ;
           but
           farther
           they
           never
           extended
           their
           Transports
           of
           Loyalty
           ,
           nor
           ever
           Authoritatively
           declared
           ,
           That
           he
           had
           such
           a
           Right
           as
           made
           him
           King
           ,
           while
           another
           
             possessed
             the
             Throne
          
           :
           And
           till
           he
           got
           Possession
           ,
           it
           was
           never
           declared
           that
           he
           had
           Right
           .
           Nor
           does
           the
           setting
           one
           aside
           ,
           before
           his
           coming
           to
           Possession
           ,
           or
           after
           ,
           make
           any
           difference
           in
           the
           Nature
           of
           the
           Right
           in
           question
           .
        
         
         
           And
           I
           shall
           put
           it
           beyond
           Controversie
           ,
           that
           whenever
           a
           worthy
           Person
           of
           the
           Saxon
           
             Royal
             Family
          
           ,
           especially
           of
           that
           branch
           ,
           which
           for
           some
           Successions
           had
           been
           settled
           as
           the
           
             Regnant
             Family
          
           ,
           was
           
             solemnly
             recognized
             by
             the
             States
             of
             the
             Kingdom
             ,
          
           upon
           the
           Death
           ,
           or
           disability
           ,
           of
           a
           Person
           who
           stood
           forwarder
           in
           the
           Royal
           Line
           ;
           the
           Person
           
             so
             recognized
          
           became
           King
           
             de
             Jure
          
           ,
           and
           no
           other
           Person
           had
           any
           manner
           of
           Right
           ,
           unless
           such
           as
           was
           in
           Abeiance
           ,
           or
           in
           the
           Clouds
           ;
           and
           ,
           indeed
           ,
           no
           where
           ,
           till
           Possession
           brought
           it
           to
           Light
           and
           Being
           .
        
         
           3.
           
           Fully
           to
           shew
           this
           Gentleman
           his
           mistakes
           ,
           upon
           the
           
           Statute
           11
           H.
           7.
           it
           will
           be
           requisite
           to
           transcribe
           the
           whole
           ;
           which
           is
           as
           follows
           .
        
         
           
             The
             King
             our
             Sovereign
             Lord
             ,
             calling
             to
             remembrance
             the
             Duty
             of
             Allegiance
             of
             his
             Subjects
             of
             this
             his
             Realm
             ,
             and
             that
             by
             reason
             of
             the
             same
             ,
             they
             are
             bound
             to
             serve
             their
             Prince
             and
             
               Sovereign
               Lord
               for
               the
               time
               being
               ,
            
             in
             his
             Wars
             ,
             for
             the
             Defence
             of
             
               him
               ,
               and
               the
               Land
               ,
               against
               every
               Rebellion
               ,
               Power
               and
               Might
               ,
               reared
               against
               him
               ,
            
             and
             with
             him
             ,
             to
             enter
             and
             abide
             in
             Service
             in
             Battle
             ,
             if
             case
             so
             require
             :
             That
             for
             the
             same
             Service
             ,
             what
             Fortune
             ever
             fall
             by
             chance
             in
             the
             same
             Battle
             ,
             
               against
               the
               Mind
               and
               Will
               of
               the
               Prince
               ,
            
             as
             in
             this
             Land
             ,
             some
             time
             passed
             ,
             hath
             been
             seen
             ,
             that
             it
             is
             not
             reasonable
             ,
             but
             against
             all
             Laws
             ,
             Reason
             ,
             and
             good
             Conscience
             ,
             that
             the
             said
             Subjects
             going
             with
             their
             Sovereign
             Lord
             in
             Wars
             ,
             attending
             upon
             him
             in
             his
             Person
             ,
             or
             being
             in
             other
             places
             by
             his
             Commandment
             within
             this
             Land
             ,
             or
             without
             ,
             any
             thing
             should
             leese
             or
             forfeit
             for
             doing
             
               their
               true
               Duty
               and
               Service
               of
               Allegiance
               .
            
             It
             be
             therefore
             Ordained
             ,
             Enacted
             and
             Established
             ,
             by
             the
             King
             our
             Sovereign
             Lord
             ,
             by
             the
             Advice
             and
             Assent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             Commons
             ,
             in
             this
             present
             Parliament
             Assembled
             ,
             and
             by
             the
             Authority
             of
             the
             same
             ,
             That
             from
             henceforth
             ,
             no
             manner
             of
             Person
             or
             Persons
             ,
             whatsoever
             he
             or
             they
             be
             ,
             that
             attend
             
               upon
               the
               King
               and
               Sovereign
               Lord
               of
               this
               Land
               for
               the
               time
               being
               ,
            
             in
             his
             Person
             ,
             and
             do
             him
             
               true
               and
               faithful
               Service
               of
               Allegiance
            
             in
             the
             same
             ,
             or
             be
             in
             other
             places
             ,
             by
             his
             Commandment
             ,
             in
             the
             Wars
             within
             this
             Land
             ,
             or
             without
             ;
             that
             for
             the
             said
             deed
             and
             true
             Duty
             of
             Allegiance
             ,
             he
             or
             they
             be
             in
             no
             wise
             
             Convict
             or
             Attaint
             of
             High-Treason
             ,
             or
             of
             other
             Offences
             for
             that
             Cause
             ,
             by
             Act
             of
             Parliament
             ,
             or
             otherwise
             by
             any
             Proces
             of
             Law
             ,
             whereby
             he
             or
             any
             of
             them
             shall
             now
             forfeit
             Life
             ,
             Lands
             ,
             Tenements
             ,
             Rents
             ,
             Possessions
             ,
             Hereditaments
             ,
             Goods
             ,
             Chatals
             ,
             or
             any
             other
             things
             ;
             but
             to
             be
             for
             that
             Deed
             and
             Service
             utterly
             discharged
             of
             any
             Vexation
             ,
             Trouble
             ,
             or
             Loss
             .
             And
             if
             any
             Act
             or
             Acts
             ,
             or
             other
             Proces
             of
             the
             Law
             hereafter
             thereupon
             for
             the
             same
             happen
             to
             be
             made
             contrary
             to
             this
             Ordinance
             ,
             that
             then
             that
             Act
             or
             Acts
             ,
             or
             other
             Proces
             of
             Law
             whatsoever
             they
             shall
             be
             ,
             stand
             and
             be
             utterly
             void
             .
             Provided
             always
             that
             no
             Person
             or
             Persons
             shall
             take
             any
             Benefit
             or
             Advantage
             by
             this
             Act
             ,
             which
             shall
             hereafter
             decline
             from
             his
             ,
             or
             their
             
               said
               Allegiance
            
             .
          
           Here
           't
           is
           observable
           .
        
         
           1st
           .
           That
           whereas
           
             this
             Gentleman
          
           absurdly
           supposes
           ,
           that
           it
           is
           Treason
           to
           engage
           to
           fight
           against
           one
           whom
           one
           may
           lawfully
           kill
           ;
           and
           that
           one
           may
           enter
           into
           a
           contrary
           Allegiance
           ,
           but
           may
           not
           do
           any
           
             voluntary
             act
             of
             Allegiance
          
           ;
           it
           is
           evident
           by
           the
           Words
           ,
           that
           if
           Swearing
           Allegiance
           is
           safe
           ,
           so
           are
           all
           voluntary
           Acts
           of
           Allegiance
           :
           for
           the
           Swearing
           is
           not
           expresly
           provided
           for
           by
           that
           Act
           ,
           or
           any
           otherwise
           than
           as
           it
           is
           a
           part
           of
           the
           Duty
           and
           Service
           of
           Allegiance
           to
           the
           
             Sovereign
             Lord●
          
           :
           but
           if
           Associating
           for
           the
           Defence
           of
           the
           King's
           Person
           and
           Right
           ,
           be
           part
           of
           the
           Allegiance
           due
           ;
           then
           that
           is
           as
           much
           provided
           for
           as
           the
           Oath
           is
           :
           and
           consequently
           this
           Gentleman
           must
           grant
           ,
           that
           the
           Statute
           11
           H.
           7.
           indemnifies
           the
           present
           Associators
           .
           That
           this
           is
           part
           of
           the
           Allegiance
           due
           ,
           appears
           by
           the
           Common-Law
           Oath
           of
           Allegiance
           affirmed
           in
           the
           Laws
           of
           W.
           1.
           and
           continued
           down
           to
           this
           day
           in
           Substance
           and
           Obligation
           :
           
           according
           to
           which
           ,
           all
           the
           Freemen
           of
           the
           whole
           Kingdom
           are
           to
           affirm
           with
           
             
               a
               League
            
             [
             or
             Association
             ]
             and
             Oath
             ,
             that
             within
             and
             without
             the
             whole
             Kingdom
             of
             England
             ,
             they
             will
             be
             faithful
             to
             
               their
               Lord
               the
               King
            
             ;
             preserve
             his
             Lands
             and
             Honors
             with
             all
             fidelity
             ,
             together
             with
             his
             Person
             ;
             and
             defend
             them
             against
             Enemies
             and
             Strangers
             .
          
        
         
           And
           in
           an
           other
           Chapter
           of
           that
           Law
           ,
           after
           Provision
           ,
           that
           all
           Freemen
           shall
           enjoy
           their
           Estates
           ,
           
           as
           
             had
             been
             before
             enacted
             and
             granted
             in
             a
             Common-Council
             of
             the
             whole
             Kingdom
             ,
          
           it
           adds
           ,
           
           We
           also
           enact
           and
           firmly
           enjoyn
           ,
           that
           all
           Freemen
           of
           
             the
             whole
             Kingdom
             be
             
               sworn
               Brethren
            
             [
             or
             Associators
             ]
             to
             defend
             our
             Monarchy
             ,
             and
             
               our
               Kingdom
            
             ,
             according
             to
             their
             Strength
             and
             Faculties
             ,
             and
             manfully
             keep
             the
             Peace
             ,
             and
             preserve
             the
             
               Dignity
               of
               our
               Crown
               entire
            
             :
             and
             constantly
             to
             maintain
             Right
             ,
             and
             just
             Judgment
             
               by
               all
               means
            
             ,
             according
             to
             their
             power
             ,
             without
             fraud
             ,
             and
             without
             delay
             .
          
        
         
           What
           is
           this
           but
           an
           Association
           to
           defend
           
             the
             King
             and
             Kingdom
          
           ,
           against
           any
           Person
           whatever
           ;
           and
           by
           consequence
           ,
           to
           declare
           that
           the
           King
           for
           the
           time
           being
           ,
           is
           the
           only
           
             Rightful
             King
          
           ?
           Since
           his
           Person
           ,
           Crown
           ,
           and
           Dignity
           is
           to
           be
           preserved
           by
           all
           means
           in
           their
           Power
           .
        
         
           This
           part
           of
           the
           Common-Law
           is
           affirmed
           by
           the
           Statute
           11
           H.
           7.
           declaring
           it
           
             the
             Duty
             of
             Allegiance
             to
             defend
          
           the
           King
           ,
           and
           Land
           ,
           
             against
             every
             Power
             and
             Might
          
           :
           and
           therefore
           as
           well
           against
           Pretenders
           to
           Title
           as
           others
           .
        
         
           2.
           
           This
           Act
           ,
           expresly
           indemnifies
           for
           voluntary
           Acts
           of
           Allegiance
           ,
           
             against
             the
             mind
             and
             will
             of
             the
             Prince
             .
          
        
         
           3.
           
           
           It
           can
           by
           no
           means
           have
           been
           intended
           or
           implied
           by
           that
           Statute
           ,
           that
           there
           was
           ,
           or
           could
           be
           ,
           any
           other
           King
           besides
           the
           King
           
             for
             the
             time
             being
          
           :
           For
           ,
        
         
           1.
           
           To
           take
           it
           in
           that
           sense
           ,
           would
           be
           to
           make
           the
           Statute
           fight
           against
           it self
           ;
           and
           not
           only
           to
           admit
           that
           he
           were
           but
           
             [
             a
          
           ]
           King
           not
           [
           the
           ]
           King
           ;
           but
           to
           require
           the
           Subjects
           to
           fight
           ,
           for
           ,
           and
           against
           one
           and
           the
           same
           Person
           .
        
         
           4.
           
           H.
           7.
           
           And
           his
           Parliament
           could
           not
           be
           thought
           to
           admit
           ,
           that
           he
           was
           an
           Usurper
           ,
           or
           a
           King
           contrary
           to
           Law
           ,
           or
           Right
           .
           But
           H.
           7.
           certainly
           intended
           to
           provide
           for
           the
           indempnity
           of
           those
           that
           should
           pay
           Allegiance
           to
           him
           ,
           as
           well
           as
           of
           those
           that
           should
           pay
           Allegiance
           to
           future
           Kings
           for
           the
           time
           being
           .
           And
           indeed
           upon
           some
           of
           the
           Words
           it
           may
           seem
           doubtful
           whether
           the
           enacting
           part
           was
           intended
           to
           reach
           beyond
           his
           time
           ;
           and
           whether
           any
           other
           Sovereign
           Lord
           for
           the
           time
           being
           was
           intended
           ,
           but
           he
           who
           was
           at
           that
           time
           .
           But
           if
           in
           relation
           to
           the
           King
           ,
           whose
           Parliament
           passed
           this
           Act
           ,
           the
           King
           
             for
             the
             time
             being
          
           was
           supposed
           to
           be
           the
           only
           Lawful
           and
           
             Rightful
             King
          
           ;
           it
           must
           be
           so
           taken
           in
           relation
           to
           all
           other
           Kings
           
             for
             the
             time
             being
          
           :
           if
           either
           the
           enacting
           Part
           or
           the
           Preamble
           extend
           to
           '
           em
           .
        
         
         
           5.
           
           If
           this
           Act
           should
           carry
           a
           plain
           implication
           ,
           that
           some
           other
           besides
           
             the
             King
             for
             the
             time
             being
             ,
          
           was
           
             the
             King
             of
             Right
          
           ;
           this
           would
           be
           so
           far
           from
           being
           for
           the
           Security
           of
           
             the
             King
             for
             the
             time
             being
             ,
          
           (
           as
           must
           have
           been
           then
           intended
           as
           well
           as
           the
           indemnity
           of
           his
           Subjects
           ,
           )
           that
           it
           must
           needs
           have
           the
           like
           effect
           with
           their
           Discourses
           ,
           who
           will
           have
           it
           ,
           that
           the
           present
           Government
           is
           not
           Rightful
           ,
           but
           yet
           that
           
             a
             sort
             of
             Allegiance
          
           is
           due
           to
           it
           ,
           because
           
             of
             God's
             Authority
          
           ,
           tho'
           
             contrary
             to
             Right
          
           .
        
         
           Whenever
           these
           Men
           speak
           out
           ,
           it
           appears
           ,
           that
           they
           allow
           no
           Authority
           to
           
             the
             King
             for
             the
             time
             being
             ,
          
           but
           what
           is
           derived
           from
           the
           Tacit
           ,
           or
           implied
           Consent
           ,
           of
           their
           
             King
             of
             Right
          
           .
        
         
           But
           this
           Jesuitism
           was
           not
           thought
           of
           at
           the
           making
           of
           that
           Statute
           .
        
         
           6.
           
           I
           desire
           to
           know
           what
           Person
           besides
           H.
           7.
           was
           so
           much
           as
           imagined
           to
           be
           
             Rightful
             King
          
           ,
           or
           Queen
           ,
           of
           England
           ,
           when
           that
           Act
           was
           made
           ?
           However
           ,
           whether
           it
           can
           be
           thought
           ,
           that
           in
           the
           Judgment
           of
           that
           Parliament
           ,
           any
           Person
           besides
           H.
           7.
           had
           Right
           to
           the
           Crown
           ;
           after
           a
           former
           Parliament
           had
           
             Ordained
             ,
             
             Established
             ,
             and
             Enacted
             ,
             that
             the
             Inheritance
             of
             the
             Crown
             of
             England
             and
             France
             ,
             should
             be
             ,
             stand
             ,
             and
             remain
             ,
             
               in
               King
            
             H.
             7.
             
               and
               the
               Heirs
               of
               his
               Body
               ,
               and
               in
               no
               other
               Person
               ?
            
          
           That
           they
           held
           this
           Settlement
           to
           have
           been
           duely
           
             and
             righfully
          
           made
           ,
           and
           that
           without
           any
           relation
           to
           his
           marrying
           the
           supposed
           Heiress
           to
           the
           Crown
           ,
           appears
           by
           three
           other
           Acts
           of
           the
           same
           Parliament
           .
           One
           of
           which
           attaints
           *
           R.
           3.
           for
           
             traiterously
             conspiring
             against
             their
             Sovereign
             Leige
             Lord
          
           H.
           7.
           
           Another
           †
           indempnifies
           Men
           for
           Trespass
           or
           taking
           Goods
           ,
           in
           maintenance
           
             of
             the
             Title
             of
          
           H.
           7.
           for
           the
           time
           that
           his
           Banner
           was
           displaied
           against
           Richard
           
             late
             Duke
             of
          
           Gloucester
           ,
           
             Usurper
             of
             the
             Realm
          
           .
           ‖
           Another
           goes
           farther
           ,
           and
           indemnifies
           them
           who
           
             came
             from
             beyond-Sea
          
           with
           H.
           7.
           or
           were
           in
           Sanctuary
           ,
           or
           Hidel
           ,
           for
           his
           Quarrel
           ,
           and
           Title
           ;
           and
           speaks
           of
           the
           Battle
           against
           his
           Enemies
           ,
           in
           recovering
           and
           obtaining
           
             his
             Just
             Title
             and
             Right
             to
             his
             Realm
             of
          
           England
           .
        
         
           Wherein
           H.
           
           7
           
             ths
             Right
          
           ,
           and
           R.
           3
           
             ds
             Usurpation
          
           consisted
           ,
           shall
           afterwards
           be
           considered
           .
        
         
         
           7.
           
           When
           the
           Parliament
           11
           H.
           7.
           speaks
           only
           of
           the
           King
           ,
           or
           Prince
           ,
           or
           
             Sovereign
             Lord
             for
             the
             time
             being
             ,
          
           without
           giving
           any
           discription
           whereby
           it
           should
           be
           known
           who
           is
           [
           the
           Prince
           ]
           unless
           what
           relates
           particularly
           to
           H.
           7.
           
           It
           must
           be
           presumed
           that
           no
           King
           is
           intended
           ,
           but
           he
           that
           was
           the
           Sovereign
           ,
           or
           
             Leige
             Lord
          
           ,
           in
           the
           Eye
           and
           Reputation
           of
           Law
           :
           which
           as
           appears
           by
           the
           Case
           of
           R.
           3.
           an
           Usurper
           ,
           continuing
           so
           ,
           was
           not
           then
           taken
           to
           be
           .
           But
           who
           ever
           was
           in
           the
           Possession
           of
           the
           Throne
           without
           Usurpation
           ,
           was
           always
           lawful
           and
           
             rightful
             King.
          
           
        
         
           8.
           
           It
           cannot
           be
           thought
           the
           Parliament
           11
           H.
           7.
           would
           have
           made
           an
           Act
           directly
           contrary
           to
           three
           others
           of
           the
           same
           Reign
           ;
           but
           they
           would
           have
           expresly
           repealed
           the
           former
           Acts
           ,
           or
           have
           offered
           some
           reason
           to
           palliate
           or
           colour
           their
           Proceedings
           to
           the
           contrary
           .
        
         
           But
           take
           the
           Statute
           of
           11
           H.
           7.
           in
           this
           Lawyers
           Sense
           ,
           (
           only
           with
           an
           Exception
           that
           as
           to
           the
           Matter
           in
           Question
           it
           was
           a
           Declaratory
           Law
           ,
           as
           the
           words
           plainly
           shew
           ,
           and
           it
           will
           farther
           appear
           )
           and
           it
           is
           evident
           that
           the
           Statutes
           against
           R.
           3.
           and
           indemnifying
           them
           that
           acted
           for
           H.
           7.
           before
           the
           displaying
           his
           Banner
           ,
           as
           well
           as
           after
           ,
           while
           R.
           3.
           was
           in
           Possession
           of
           the
           Throne
           ,
           were
           contrary
           to
           this
           Lawyer
           's
           Sense
           of
           the
           Statute
           11
           H.
           7.
           according
           to
           which
           ,
           they
           who
           assisted
           H.
           7.
           must
           have
           acted
           contrary
           to
           their
           Duty
           of
           Allegiance
           to
           
             the
             King
             for
             the
             time
             being
             .
          
           Wherefore
           it
           plainly
           follows
           ,
           that
           R.
           3.
           was
           not
           King
           for
           the
           time
           being
           ,
           according
           to
           the
           true
           meaning
           of
           the
           Statute
           11
           H.
           7.
           and
           yet
           H.
           6.
           who
           was
           of
           the
           younger
           House
           ,
           was
           in
           his
           time
           the
           only
           King
           
             for
             the
             time
             being
          
           ,
           in
           the
           Judgment
           of
           that
           very
           Parliament
           which
           supposes
           R.
           3.
           not
           to
           have
           been
           so
           ;
           
           as
           appears
           by
           their
           reversing
           the
           Attainder
           of
           H.
           6.
           and
           declaring
           the
           Act
           of
           Attainder
           ,
           to
           have
           been
           
             contrary
             to
             the
             Allegiance
          
           of
           the
           Subject
           ,
           
             against
             all
             right
             wiseness
             ,
             honour
             ,
             nature
             ,
             and
             duty
             ,
             inordinate
             ,
             seditious
             ,
             and
             slanderous
          
           ;
           and
           reversing
           the
           Attainders
           of
           others
           for
           their
           true
           and
           
             faithful
             Allegiance
             and
             Service
             to
          
           Hen.
           6.
           and
           yet
           those
           Attainders
           were
           in
           a
           Parliament
           of
           a
           King
           by
           many
           supposed
           to
           be
           the
           only
           Person
           that
           had
           Right
           to
           be
           King
           ,
           and
           that
           after
           his
           being
           formally
           recognized
           by
           the
           States
           ,
           and
           then
           in
           Possession
           of
           the
           Power
           of
           the
           Kingdom
           .
           
        
         
         
           Obj.
           But
           it
           may
           be
           objected
           ,
           if
           the
           Act
           11
           H.
           7.
           was
           made
           only
           to
           indemnifie
           them
           that
           paid
           Allegiance
           to
           
             Rightful
             Kings
          
           ,
           there
           was
           no
           manner
           of
           need
           of
           it
           .
        
         
           Answ
           .
           1.
           
           Many
           needless
           Statutes
           have
           been
           made
           in
           affirmance
           of
           the
           Common-Law
           ,
           out
           of
           abundant
           caution
           .
        
         
           2.
           
           It
           could
           not
           be
           needless
           to
           obviate
           mens
           fears
           ,
           upon
           pretences
           which
           might
           be
           set
           up
           against
           the
           King
           
             for
             the
             time
             being
          
           ;
           by
           removing
           the
           supposal
           that
           Allegiance
           could
           be
           due
           to
           any
           body
           else
           .
        
         
           3.
           
           The
           enacting
           part
           extends
           to
           indemnifie
           Men
           ,
           for
           what
           they
           out
           of
           Loyalty
           should
           do
           in
           time
           of
           War
           ,
           
             against
             the
             mind
             and
             will
             of
             the
             Prince
             :
          
           for
           which
           the
           caution
           was
           but
           reasonable
           .
        
         
           Effectually
           to
           prove
           ,
           
           that
           the
           Judgment
           of
           Hen.
           7
           ths
           Parliament
           ,
           That
           there
           could
           be
           but
           one
           
             Rightful
             King
          
           at
           a
           time
           ,
           except
           where
           they
           were
           Partners
           in
           Power
           ;
           is
           according
           to
           the
           fix'd
           and
           known
           Constitution
           of
           this
           Monarchy
           ;
           and
           that
           this
           manifests
           
             His
             present
             Majesty
          
           to
           be
           our
           only
           lawful
           and
           
             rightful
             Sovereign
             Lord
          
           ;
           and
           that
           the
           
             late
             King
          
           neither
           ,
           is
           ,
           nor
           
             of
             Right
          
           ,
           ought
           to
           be
           King
           ;
           I
           shall
           as
           briefly
           as
           well
           as
           I
           can
           ,
           give
           an
           Abstract
           of
           what
           will
           appear
           to
           any
           Man
           ,
           who
           shall
           with
           me
           carefully
           compare
           Records
           ,
           Histories
           ,
           Law-Books
           ,
           Charters
           ,
           and
           Authentick
           Manuscripts
           ,
           from
           before
           the
           fixation
           of
           the
           Monarchy
           downwards
           .
        
         
           The
           most
           antient
           uncontested
           Authority
           of
           this
           kind
           which
           is
           allowed
           us
           even
           by
           the
           Scotch
           Writers
           ,
           who
           think
           themselves
           concerned
           to
           blemish
           our
           Antiquities
           ,
           
           is
           the
           
             Venerable
             Bede
          
           ,
           who
           died
           in
           the
           year
           735.
           
           He
           ,
           speaking
           of
           the
           coming
           of
           the
           Picts
           into
           the
           Northern
           Parts
           of
           Britanny
           ,
           says
           ,
           The
           Scotch
           gave
           them
           Wives
           ,
           on
           condition
           that
           when
           any
           Controversie
           arose
           ,
           they
           should
           
             chuse
             themselves
             a
             King
          
           of
           the
           
             Female
             Stock
          
           of
           Kings
           ,
           rather
           than
           of
           the
           Male.
           
        
         
           Whereby
           it
           appears
           what
           was
           his
           Judgment
           of
           the
           Successions
           ,
           where
           they
           have
           seemed
           most
           fond
           of
           an
           
             Inherent
             Right
             of
             Birth
          
           .
        
         
           But
           as
           to
           England
           ,
           where
           a
           King
           has
           lest
           three
           Sons
           ,
           a
           Bede
           calls
           them
           all
           Heirs
           .
        
         
         
           Accordingly
           ,
           he
           more
           than
           once
           mentions
           Brothers
           reigning
           together
           as
           b
           Sighard
           and
           Frede
           among
           the
           East-Saxons
           ;
           
           while
           c
           the
           West-Saxon
           Kingdom
           was
           govern'd
           by
           several
           
             petty
             Kings
          
           ,
           in
           distinct
           Divisions
           .
           These
           Kings
           probably
           at
           that
           time
           were
           Tributary
           or
           Feudatory
           Kings
           ,
           under
           the
           Mercian
           Kingdom
           :
           for
           in
           the
           year
           d
           730
           I
           find
           King
           Aetilbalt
           ,
           stiles
           himself
           not
           only
           King
           of
           the
           Mercians
           ,
           but
           also
           of
           all
           the
           Counties
           which
           by
           the
           general
           name
           are
           call'd
           South-Angles
           ,
           
           subscribing
           King
           of
           Britanny
           .
           And
           in
           the
           same
           year
           I
           find
           an
           Offa
           ,
           who
           stiles
           himself
           King
           of
           the
           Mercians
           ,
           and
           also
           of
           the
           other
           Nations
           where
           ever
           round
           about
           .
           By
           reason
           of
           the
           Inheritance
           of
           Crowns
           belonging
           to
           several
           Sons
           of
           Kings
           ,
           the
           Kings
           were
           so
           numerous
           that
           Bede
           mentions
           two
           Brothers
           Crown'd
           Kings
           even
           of
           the
           
             Isle
             of
             Wight
          
           .
           But
           when
           any
           were
           Constituted
           Kings
           to
           the
           setting
           aside
           all
           the
           old
           
             Regnant
             Family
          
           of
           that
           particular
           Kingdom
           ,
           the
           Persons
           so
           constituted
           were
           according
           e
           to
           
             Bede
             ,
             Strangers
          
           ,
           or
           doubtful
           ,
           by
           way
           of
           distinction
           from
           
             Lawful
             Kings
          
           .
           And
           yet
           all
           the
           Kings
           of
           the
           several
           Kingdoms
           were
           descended
           from
           Woden
           ,
           from
           which
           Common-Stock
           they
           all
           took
           their
           Qualifications
           for
           an
           Election
           ,
           as
           afterwards
           the
           West-Saxon
           Kings
           did
           from
           Cerdic
           ,
           then
           from
           Ina
           ,
           and
           after
           that
           from
           Egbert
           .
        
         
           But
           generally
           ,
           I
           take
           it
           ,
           regard
           was
           had
           to
           that
           part
           or
           branch
           of
           Woden's
           Family
           ,
           which
           was
           the
           
             regnant
             Family
          
           within
           the
           particular
           Kingdom
           ,
           where
           one
           of
           that
           branch
           was
           advanced
           ;
           according
           to
           that
           Charter
           of
           an
           Offa
           ,
           where
           he
           is
           stiled
           f
           
             King
             of
             the
          
           Mercians
           ,
           
             descended
             from
             the
          
           Mercian
           
             Royal
             Stock
          
           .
        
         
           About
           which
           time
           I
           find
           two
           Kings
           g
           of
           
             Kent
             ,
             Sigered
          
           ,
           and
           Eadberht
           ,
           
           governing
           in
           severalty
           .
           These
           't
           is
           likely
           were
           Brothers
           ,
           
           but
           Eadberht
           ,
           who
           became
           King
           of
           all
           Kent
           ,
           upon
           Sigered's
           death
           ,
           or
           amotion
           ,
           was
           h
           constituted
           King
           and
           Prince
           
             by
             the
             whole
             County
          
           .
           This
           was
           above
           60
           years
           before
           the
           Foundation
           of
           the
           Monarchy
           was
           laid
           i
           by
           the
           West-Saxon
           King
           Ina.
           Tho
           most
           of
           the
           Moderns
           ,
           and
           many
           of
           the
           Ancients
           ,
           lay
           it
           as
           late
           as
           Egbert's
           time
           ;
           the
           Confessors
           Laws
           received
           and
           sworn
           to
           by
           William
           the
           I.
           and
           following
           Kings
           ,
           say
           of
           Ina
           ,
           k
           
             he
             was
             elected
             King
             throughout
             England
             ,
             and
             
               first
               obtained
               
               the
               Monarchy
            
             since
             the
             coming
             of
             the
             English
             into
             Britanny
             .
          
        
         
           His
           qualification
           for
           an
           Election
           ,
           the
           Saxon
           k
           Cronicle
           places
           in
           a
           Descent
           from
           Cerdic
           .
           But
           l
           Malmsbury
           assures
           us
           he
           was
           advanced
           rather
           for
           his
           Merit
           ,
           than
           his
           being
           of
           the
           Successive
           or
           Inheritable
           Family
           ,
           
           and
           that
           from
           him
           m
           to
           Brictric
           ,
           the
           Kings
           were
           far
           out
           of
           the
           
             Royal
             Line
          
           .
        
         
           That
           Brictric
           was
           truly
           elected
           ,
           appears
           not
           only
           in
           his
           bare
           qualification
           from
           the
           n
           Stock
           of
           Cerdic
           ;
           but
           as
           he
           was
           immediate
           Successor
           to
           Kenwolf
           o
           elected
           upon
           the
           like
           qualification
           ;
           and
           in
           whose
           Reign
           it
           was
           p
           ordained
           ,
           in
           a
           National
           and
           
             Legantine
             Council
          
           ,
           
             that
             no
             man
             suffer
             the
             assent
             of
             Wicked
             men
             to
             prevail
             ,
             but
             that
             Kings
             be
             lawfully
             elected
             ,
             by
             the
             
               Priests
               and
               Elders
               of
               the
               People
               :
            
          
           where
           't
           is
           manifest
           ,
           that
           lawfully
           does
           not
           limit
           the
           Election
           to
           any
           other
           Rule
           than
           what
           follows
           in
           that
           Law
           ,
           viz.
           to
           avoid
           electing
           Persons
           born
           in
           Adultery
           or
           Incest
           .
           The
           Person
           
             lawfully
             Elected
          
           ,
           is
           there
           called
           
             Heir
             of
             the
             Country
          
           .
           Where
           [
           Heir
           ]
           is
           plainly
           used
           in
           the
           Sense
           both
           of
           the
           q
           Civil
           ,
           and
           of
           ,
           our
           Common
           r
           Law
           ,
           for
           the
           Person
           that
           comes
           duely
           to
           the
           Inheritance
           :
           
           in
           this
           sense
           all
           that
           have
           been
           elected
           Kings
           ,
           have
           been
           held
           to
           succeed
           by
           
             Hereditary
             Right
          
           .
           And
           thus
           in
           numbers
           of
           Charters
           in
           the
           Saxon
           Times
           ,
           and
           after
           ,
           Private
           Inheritances
           are
           granted
           to
           Men
           ,
           to
           leave
           
             to
             what
             Heir
             they
             please
          
           ;
           
           to
           the
           Church
           and
           
             its
             Sacred
             Heirs
          
           ;
           and
           to
           the
           Barons
           ,
           or
           Citizens
           of
           
             London
             ,
             and
             their
             Heirs
          
           .
        
         
           To
           Brictric
           the
           first
           
             West-Saxon
             King
          
           ,
           after
           the
           Peoples
           Right
           to
           Elect
           ,
           had
           been
           declared
           by
           National
           Authority
           ,
           succeeded
           Egbert
           ,
           
           who
           derived
           after
           several
           degrees
           pass'd
           from
           Ina's
           Brother
           .
        
         
           It
           may
           well
           be
           thought
           ,
           that
           he
           was
           Elected
           with
           a
           Consent
           no
           less
           full
           and
           formal
           ,
           than
           was
           held
           essential
           to
           his
           Grants
           of
           Lands
           ,
           one
           of
           which
           was
           s
           with
           
             the
             License
             and
             Consent
             of
             all
             his
             Nation
             ,
             and
             the
             unanimity
             of
             all
             the
             Great
             men
             .
          
        
         
           Egbert
           was
           alive
           in
           the
           year
           838
           tho'
           Historians
           generally
           suppose
           him
           to
           have
           died
           two
           years
           before
           .
           His
           Sons
           t
           
           
           Ethelstan
           the
           Eldest
           ,
           and
           Ethelwolf
           ,
           were
           Kings
           in
           his
           life
           time
           :
           As
           I
           might
           prove
           by
           several
           Charters
           ,
           but
           shall
           here
           mention
           but
           two
           ;
           one
           in
           the
           year
           x
           827.
           where
           an
           Ethelstan
           subscribes
           as
           
             Monarch
             of
             all
             Britanny
          
           ;
           y
           an
           other
           An.
           836.
           where
           Egbert
           grants
           with
           the
           Consent
           of
           his
           Son
           
             Ethelwolf
             ,
             King
             of
             Kent
          
           .
        
         
           In
           the
           year
           z
           838.
           
           Ethelwolf
           succeeded
           Egbert
           in
           the
           Kingdom
           of
           West-Saxony
           ,
           
           by
           a
           manifest
           Election
           ,
           his
           eldest
           Brother
           Ethelstan
           being
           then
           alive
           ,
           and
           continuing
           a
           the
           Monarch
           or
           chief
           King
           of
           all
           Britanny
           .
        
         
           Besides
           the
           Evidences
           above
           ,
           that
           there
           was
           not
           at
           that
           time
           such
           a
           fix'd
           rule
           of
           descent
           in
           the
           West-Saxon
           Royal
           Family
           ,
           as
           made
           the
           Kings
           eldest
           Son
           to
           be
           King
           ,
           or
           to
           have
           a
           certain
           and
           indefesible
           Right
           to
           be
           King
           ,
           may
           appear
           by
           the
           Law
           or
           Custom
           of
           that
           Kingdom
           mentioned
           by
           b
           Asser
           ,
           and
           c
           Nicolas
           of
           Gloster
           ,
           and
           others
           ;
           not
           to
           suffer
           the
           King's
           Wife
           to
           be
           
             called
             Queen
          
           ,
           or
           to
           sit
           near
           her
           Husband
           :
           which
           seems
           to
           have
           occasioned
           
             the
             Ritual
          
           for
           the
           Consecrating
           the
           Wife
           in
           d
           
             consortium
             regalis
             thori
          
           ,
           for
           the
           consortship
           of
           the
           Royal
           Bed.
           Till
           she
           was
           so
           Consecrated
           ,
           which
           was
           to
           be
           in
           a
           Convention
           of
           the
           States
           ,
           or
           coming
           from
           it
           ,
           she
           had
           no
           more
           right
           to
           the
           Kings
           Bed
           than
           a
           Concubine
           .
           Of
           this
           doubtless
           W.
           1.
           was
           aware
           ,
           when
           he
           e
           expressed
           a
           desire
           to
           have
           his
           
             Wife
             Crowned
             with
             him
          
           .
           Certain
           ,
           it
           is
           that
           the
           Sons
           of
           Kings
           begotten
           on
           Conubines
           ,
           after
           they
           had
           been
           elected
           or
           adopted
           by
           
             the
             States
          
           ,
           were
           always
           held
           to
           have
           succeeded
           as
           Rightfully
           ,
           and
           to
           have
           been
           as
           legitimate
           Heirs
           ,
           as
           the
           Sons
           begotten
           in
           Wedlock
           ;
           the
           Mother's
           being
           Queen
           ,
           and
           by
           consequence
           the
           legitimation
           of
           the
           issue
           ,
           and
           capacity
           to
           inherit
           the
           Crown
           ,
           having
           depended
           upon
           the
           will
           of
           the
           States
           .
        
         
           But
           that
           in
           Ethelwolf's
           time
           ,
           the
           word
           Elected
           was
           duely
           applied
           to
           English
           Kings
           ,
           and
           upon
           what
           qualification
           ,
           may
           farther
           appear
           by
           an
           Author
           of
           the
           Saxon
           time
           ,
           who
           speaking
           of
           Eastengle
           ,
           where
           Sr.
           Edmund
           was
           Crownd
           King
           ,
           f
           two
           or
           three
           years
           before
           Ethelwolf's
           death
           ,
           says
           ,
           g
           
             Over
             this
             Province
             reigned
             the
             most
             holy
             
               Eadmund
               ,
               descended
               from
               the
            
             h
             
               Noble
               Stock
               of
               the
               Ancient
               Saxons
               ,
            
             &c.
             who
             coming
             
               from
               Kings
               his
               Ancestors
            
             ,
             being
             eminent
             
               for
               his
               vertue
               ,
               with
               the
               unanimous
               favour
               of
               all
               the
               People
               of
               
               the
               Province
               ,
            
             i
             is
             not
             so
             much
             elected
             ,
             by
             reason
             of
             *
             the
             Succession
             ,
             or
             Inheritance
             
               of
               the
               Stock
            
             ,
             as
             he
             is
             forced
             to
             reign
             over
             them
             .
          
        
         
           With
           in
           this
           time
           Ethelwolf's
           eldest
           Son
           reigned
           in
           his
           Father's
           life
           time
           ,
           and
           retained
           West-Saxony
           to
           his
           share
           ,
           whilst
           the
           bigotted
           Father
           having
           i
           withdrawn
           to
           Rome
           ,
           tho'
           
             animo
             revertendi
          
           ,
           was
           held
           to
           have
           abdicated
           ,
           and
           with
           much
           ado
           prevailed
           with
           his
           Son
           and
           the
           People
           ,
           to
           let
           him
           be
           an
           underling
           King
           of
           an
           inferior
           Kingdom
           .
        
         
           Besides
           other
           objections
           to
           any
           right
           of
           descent
           from
           him
           ,
           according
           to
           a
           good
           k
           Authority
           ,
           his
           elder
           Brother
           Ethelstan
           survived
           .
           However
           one
           or
           more
           Acts
           of
           Parliament
           in
           his
           life
           time
           had
           provided
           for
           three
           Successions
           after
           him
           ,
           as
           appears
           by
           the
           Will
           of
           his
           fourth
           Son
           Alfred
           ,
           made
           in
           the
           Presence
           and
           with
           the
           Consent
           of
           
             all
             West-Saxony
          
           .
        
         
           That
           Will
           recites
           what
           l
           Dr.
           Brady
           calls
           Ethelwolf's
           Will
           ,
           but
           was
           a
           m
           Charter
           passed
           in
           a
           n
           
             General
             Council
          
           ,
           for
           Alfred
           is
           express
           ,
           that
           the
           Inheritance
           of
           King
           Ethelwolf
           came
           to
           him
           by
           Charter
           thereof
           ,
           made
           o
           
             in
             a
             general
             Council
             at
             Langedene
             .
          
           Yet
           that
           Charter
           was
           but
           recommendatory
           to
           a
           future
           relection
           ;
           for
           Ethelbert
           ,
           who
           is
           not
           named
           in
           Alfred's
           Account
           of
           that
           Settlement
           ,
           was
           upon
           the
           Fathers
           death
           p
           ordained
           King
           of
           several
           of
           the
           Kingdoms
           :
           and
           succeeded
           his
           Uncle
           Ethelstan
           in
           q
           Kent
           .
           
        
         
           Alfred's
           Will
           shews
           that
           by
           the
           Parliamentary
           Settlement
           of
           the
           Crown
           ,
           he
           was
           to
           be
           Partner
           in
           Power
           ,
           when
           his
           Brother
           Ethered
           should
           succeed
           :
           r
           for
           which
           he
           appeals
           to
           the
           Testimony
           of
           all
           West-Saxony
           ;
           accordingly
           they
           are
           both
           represented
           s
           as
           Kings
           at
           the
           same
           time
           .
           
        
         
           Alfred
           was
           Ethelwolf's
           fourth
           Son
           :
           
           which
           soever
           therefore
           of
           his
           three
           Brothers
           left
           Sons
           ,
           every
           one
           of
           'em
           according
           to
           the
           vulgar
           notion
           ,
           had
           Right
           to
           the
           Crown
           before
           him
           ;
           and
           yet
           that
           great
           and
           good
           Prince
           ,
           in
           the
           last
           Publick
           Act
           of
           his
           Life
           ,
           expresses
           a
           satisfaction
           in
           that
           Inheritance
           ,
           which
           t
           
             God
             and
             the
             Princes
             ,
             with
             the
             Elders
             of
             the
             People
             ,
             mercifully
             and
             bountifully
             gave
             him
             .
          
        
         
         
           That
           Will
           shews
           that
           he
           had
           two
           Nephews
           then
           alive
           ,
           Athelm
           ,
           and
           Ethelbalt
           :
           who
           were
           not
           regarded
           in
           the
           Succession
           ;
           but
           s
           Alfred
           was
           upon
           his
           Brother
           Ethered's
           death
           elected
           by
           all
           the
           Saxons
           .
        
         
           To
           Alfred
           succeeded
           his
           Son
           Edward
           ,
           by
           a
           manifest
           Election
           ,
           having
           
             Cousin
             Germans
          
           of
           at
           least
           one
           Elder
           House
           :
           t
           Ethelbald
           or
           Ethelwold
           ,
           who
           was
           one
           of
           them
           ,
           was
           a
           Competitour
           with
           Edward
           ,
           and
           was
           elected
           by
           the
           Danes
           .
        
         
           Ethelwerd
           (
           who
           himself
           descended
           from
           Ethered's
           Elder
           House
           )
           says
           of
           Edward
           ,
           u
           
             Indeed
             the
             then
             Successor
             of
             the
          
           Monarchy
           ,
           Edward
           ,
           
             Son
             of
             the
             above-mentioned
             King
             ,
             is
             Crowned
             after
             him
             .
             He
             ,
             being
          
           of
           the
           Royal
           Stem
           ,
           was
           Elected
           
             by
             the
          
           Nobility
           at
           Whitsuntide
           ,
           
           one
           hundred
           years
           
             being
             pass'd
             since
             his
             Ancestor
          
           Egbert
           
             had
             his
             present
             Dominion
          
           .
           
        
         
           Where
           the
           Right
           of
           the
           Saxon
           Crown
           to
           the
           Monarchy
           ,
           
           or
           Primacy
           ,
           for
           even
           Edward
           had
           no
           more
           ,
           was
           laid
           in
           perscription
           :
           but
           his
           Right
           to
           the
           Crown
           ,
           
           in
           an
           Election
           upon
           a
           qualification
           from
           
             the
             Royal
             Stem
          
           .
        
         
           Edward's
           Son
           and
           Successor
           Athelstan
           was
           a
           x
           Bastard
           ,
           tho'
           Dr.
           Brady
           would
           have
           the
           contrary
           believ'd
           ,
           from
           Malmsbury's
           tenderness
           in
           the
           Matter
           ;
           least
           it
           should
           diminish
           that
           King's
           Glory
           .
           
        
         
           The
           Saxon
           y
           Cronicle
           mentioning
           the
           Father's
           death
           in
           Mercia
           ,
           says
           ,
           Ethelstan
           was
           elected
           King
           by
           the
           
             Mercians
             .
             Huntingdon
          
           says
           ,
           in
           Mercia
           :
           whither
           they
           might
           have
           flock'd
           from
           other
           Kingdoms
           .
        
         
           To
           Athelstan
           succeeded
           his
           Father's
           eldest
           lawfully
           begotten
           Son
           ,
           Edmund
           .
           
        
         
           Tho'
           Edmund
           had
           Sons
           ,
           
           Eadred
           z
           his
           Brother
           succeeded
           :
           and
           that
           as
           an
           Author
           of
           those
           Times
           affirms
           ,
           
             in
             the
             Right
             of
             a
             Brother
             .
          
           
        
         
           And
           an
           a
           Author
           of
           like
           antiquity
           ,
           whose
           words
           are
           transcribed
           by
           others
           since
           
             the
             reputed
             Conquest
          
           ,
           says
           ,
        
         
           The
           next
           Heir
           Eadred
           ,
           
             took
             upon
             him
          
           the
           Natural
           ,
           
             or
             Hereditary
             Kingdom
             ,
             by
             succeeding
             his
             Brother
             .
          
        
         
           Where
           the
           Uncle
           is
           plainly
           accounted
           the
           
             next
             Heir
          
           fit
           to
           Reign
           .
           
        
         
         
           And
           yet
           the
           c
           Enquirer
           and
           Dr.
           Brady
           ,
           absurdly
           suppose
           ,
           that
           Eadred
           was
           only
           Tutor
           ,
           Curator
           ,
           Regent
           ,
           or
           Protector
           ,
           of
           the
           young
           Princes
           ,
           and
           Kingdom
           .
        
         
           Which
           was
           far
           from
           the
           meaning
           of
           that
           ancient
           Author
           ,
           who
           blames
           the
           eldest
           of
           those
           Princes
           for
           pretending
           to
           succeed
           his
           Uncle
           d
           before
           he
           had
           been
           elected
           ;
           tho'
           both
           with
           
             Clergy
             and
             Laity
          
           ,
           
           one
           Elected
           supplied
           the
           Numbers
           and
           Names
           of
           the
           Kings
           :
           
           that
           is
           ,
           
             no
             Man
             was
             accounted
             King
          
           ,
           who
           was
           not
           Elected
           ;
           speaks
           of
           the
           day
           of
           the
           
             common
             Election
          
           ;
           what
           Authority
           
             the
             States
          
           exercised
           over
           him
           for
           his
           egregious
           folly
           on
           that
           day
           ;
           and
           his
           being
           cast
           off
           by
           the
           Northern
           Part
           of
           the
           Nation
           e
           
             because
             he
             foolishly
             administer'd
             the
             Government
             committed
             to
             ,
             or
             entrusted
             with
             him
             .
          
        
         
           He
           being
           forsaken
           by
           an
           f
           Universal
           Conspiracy
           or
           Agreement
           ,
           they
           ,
           says
           that
           Author
           ,
           
             the
             Lord
             so
             dictating
          
           ,
           Elected
           
             his
             Brother
          
           Edgar
           .
        
         
           After
           Eadwig's
           death
           ,
           the
           same
           Author
           says
           ,
           Edgar
           g
           
             took
             his
             Kingdom
             upon
             him
             ,
             being
          
           Elected
           
             by
             the
             People
             of
             both
             Kingdoms
             ,
             as
          
           equal
           Heir
           
             to
             both
          
           .
        
         
           As
           an
           other
           h
           Author
           has
           it
           ,
           
             he
             was
             elected
             by
             all
             the
             People
             of
          
           England
           .
        
         
           To
           Edgar
           succeeded
           i
           his
           eldest
           Son
           Edward
           the
           Martyr
           :
           who
           ,
           whatever
           many
           of
           the
           Moderns
           ,
           and
           some
           of
           the
           Ancients
           may
           have
           thought
           ,
           was
           undoubtedly
           a
           Bastard
           :
           which
           is
           not
           only
           shewn
           by
           an
           k
           Author
           of
           the
           Time
           ;
           
           but
           is
           confirmed
           by
           the
           Brother
           Ethelred's
           Charter
           :
           which
           informs
           us
           that
           the
           Election
           of
           the
           States
           preferred
           his
           Brother
           :
           as
           the
           Charter
           has
           it
           .
        
         
           l
           The
           Great
           Men
           of
           both
           Orders
           elected
           my
           Brother
           King
           :
           
           and
           gave
           me
           Livery
           of
           the
           Lands
           belonging
           to
           the
           Kings
           Sons
           :
           
           which
           plamly
           proves
           that
           Edward
           was
           a
           Bastard
           ,
           the
           Private
           Inheritance
           having
           fallen
           to
           the
           Father's
           younger
           Son.
           However
           ,
           this
           is
           an
           undeniable
           President
           ,
           of
           an
           Election
           :
           
           and
           yet
           for
           the
           reason
           above
           ,
           it
           may
           well
           be
           said
           ,
           that
           Edward
           was
           left
           m
           
             Heir
             of
             his
             Father's
             Kingdoms
             ,
             as
             well
          
           as
           Vertues
           :
           which
           Historians
           since
           
           
           the
           time
           of
           W.
           
           1.
           transcribed
           from
           one
           of
           the
           Writers
           of
           Sr.
           Dunstan's
           Life
           .
        
         
           That
           Ethelred
           who
           succeeded
           the
           Martyr
           was
           truly
           elected
           ,
           appears
           beyond
           contradiction
           ,
           by
           the
           *
           Ritual
           of
           his
           Coronation
           :
           
           which
           requires
           that
           the
           King
           being
           elected
           by
           the
           Bishops
           and
           the
           Plebs
           ,
           or
           Commonalty
           ,
           take
           his
           Coronation
           Oath
           :
           after
           the
           Oath
           taken
           ,
           the
           People
           are
           solemnly
           ask'd
           ,
           whether
           they
           will
           have
           him
           to
           be
           King
           :
           they
           answer
           ,
           m
           
             we
             will
             and
             grant
          
           ;
           they
           pray
           to
           God
           to
           bless
           his
           Servant
           ,
           whom
           they
           have
           elected
           King
           ;
           and
           in
           an
           other
           place
           ,
           they
           pray
           God
           to
           bless
           this
           n
           
             purely
             elected
             Prince
          
           .
        
         
           To
           this
           time
           the
           Danes
           possessed
           great
           part
           of
           England
           ;
           and
           Swane
           ,
           
           King
           of
           Denmark
           ,
           Landing
           with
           an
           additional
           Force
           ,
           this
           ,
           with
           Ethelred's
           sloath
           and
           unacceptableness
           to
           his
           own
           People
           ,
           drove
           him
           to
           an
           Abdication
           .
        
         
           Upon
           Swane's
           death
           ,
           the
           English
           invited
           back
           the
           
             Abdicated
             King
          
           ,
           o
           on
           condition
           he
           would
           govern
           better
           than
           he
           had
           done
           :
           for
           which
           his
           Son
           Edward
           undertook
           .
           Ethelred
           returning
           ,
           as
           an
           Author
           who
           lived
           about
           the
           time
           has
           it
           ,
           a
           
             contract
             was
             established
             between
             the
             King
             and
             his
             People
             ;
             and
             
               firm
               friendship
            
             ;
             and
             it
             was
             enacted
             
               with
               an
               Oath
            
             ,
             that
             there
             never
             more
             should
             be
             a
             Danish
             King
             in
             England
             .
          
        
         
           After
           p
           this
           Cnute
           the
           Son
           of
           Swane
           laid
           claim
           to
           the
           Crown
           of
           England
           as
           a
           Saxon
           ,
           as
           well
           as
           Dane
           ,
           deriving
           from
           King
           q
           Ethelbald
           ;
           who
           ,
           doubtless
           was
           that
           Son
           of
           an
           elder
           Brother
           of
           King
           Alfred
           ,
           who
           oppos'd
           Edward
           the
           elder
           .
        
         
           Notwithstanding
           this
           ,
           tho'
           the
           r
           Danes
           elected
           Cnute
           ,
           the
           English
           adhered
           to
           Ethelred
           .
        
         
           Upon
           whose
           death
           they
           chose
           his
           Son
           
             Edmund
             Ironside
          
           ,
           who
           ,
           as
           s
           appears
           by
           the
           stream
           of
           ancient
           Authorities
           ,
           
           was
           a
           Bastard
           .
        
         
           Upon
           (
           i
           )
           Edmund's
           death
           ,
           Cnute
           was
           Crown'd
           King
           of
           
             England
             by
             the
             Election
             of
             all
          
           ;
           and
           according
           t
           to
           Florence
           of
           Woster
           ,
           he
           swore
           to
           be
           
             Faithful
             Lord
          
           ,
           as
           the
           People
           did
           to
           be
           
             Leige
             Subjects
          
           .
           
        
         
         
           At
           Cnute's
           death
           ,
           his
           two
           Sons
           ,
           Harold
           ,
           who
           was
           a
           a
           Bastard
           ,
           or
           rather
           ,
           Spurious
           ,
           and
           Hardecnute
           his
           legitimate
           Son
           by
           Ethelred's
           Widow
           ,
           were
           b
           by
           Leofric
           and
           all
           the
           Nobility
           on
           the
           North-side
           of
           the
           River
           
             Thomes
             ,
             elected
             Kings
          
           over
           all
           England
           ;
           as
           partners
           in
           Power
           ,
           and
           co-heirs
           .
           But
           Duke
           Godwin
           and
           other
           Noblemen
           in
           West-Saxony
           opposed
           ,
           and
           prevailed
           .
        
         
           It
           appears
           by
           an
           Author
           who
           wrote
           in
           the
           Confessor's
           Time
           ,
           and
           whose
           words
           are
           transcrib'd
           by
           several
           ,
           that
           they
           prevailed
           for
           the
           total
           rejection
           of
           Hardecnute
           ;
           because
           he
           made
           not
           sufficient
           haste
           to
           take
           the
           Administration
           upon
           him
           .
           Therefore
           Harold
           ,
           (
           who
           ,
           however
           ,
           would
           have
           been
           King
           of
           Mercia
           ,
           
           and
           the
           Northumbrian
           Kingdom
           )
           was
           elected
           over
           all
           England
           ,
           
           by
           the
           Princes
           ,
           and
           all
           the
           People
           :
           
           or
           c
           as
           an
           other
           of
           like
           antiquity
           has
           it
           ;
           
           is
           elected
           King
           by
           all
           the
           People
           of
           England
           .
           Upon
           Harold's
           death
           ,
           
           and
           not
           before
           ,
           Hardecnute
           was
           received
           :
           in
           what
           manner
           appears
           by
           the
           then
           standing
           Ritual
           ,
           for
           the
           Coronation
           of
           Kings
           .
        
         
           But
           Emmae's
           Sons
           by
           
             Ethelred
             ,
             Alured
          
           and
           Edw.
           d
           as
           Malms
           .
           observes
           ,
           were
           despised
           almost
           by
           all
           ;
           rather
           through
           the
           remembrance
           of
           their
           Fathers
           sloathfulness
           ;
           than
           by
           reason
           of
           the
           Power
           of
           the
           Danes
           .
           Yet
           they
           two
           ,
           without
           preference
           of
           one
           before
           the
           other
           ,
           were
           accounted
           e
           Heirs
           of
           the
           Kingdom
           ;
           and
           accordingly
           Cnute
           ,
           f
           while
           he
           was
           in
           fear
           of
           the
           then
           Duke
           of
           Normandy
           ,
           offer'd
           half
           his
           Kingdom
           to
           Edward
           ,
           and
           his
           Brother
           Alured
           .
           g
           Upon
           Hardecnute's
           death
           ,
           Earl
           Godwin
           was
           chosen
           Administrator
           or
           Protector
           of
           the
           Kingdom
           ,
           during
           the
           vacancy
           ,
           and
           till
           a
           
             fit
             Person
          
           should
           be
           elected
           King.
           
           Godwin
           summons
           a
           Convention
           of
           the
           States
           ,
           where
           he
           nominated
           Ethelred's
           only
           surviving
           Son
           by
           Emma
           ,
           whom
           the
           Saxons
           call'd
           Elgive
           .
           After
           some
           debates
           ,
           all
           consented
           to
           the
           election
           of
           Edward
           .
           He
           being
           so
           elected
           ,
           was
           in
           the
           sense
           of
           those
           times
           h
           Heir
           of
           the
           Kingdom
           to
           the
           last
           
             Possessor
             Hardecnute
          
           ,
           his
           Brother
           by
           the
           half
           blood
           .
           And
           yet
           it
           is
           observable
           ,
           
           that
           a
           according
           to
           a
           Charter
           of
           Edward's
           pass'd
           in
           Parliament
           ,
           at
           the
           latter
           end
           of
           his
           Reign
           ,
           the
           
             Hereditary
             Succession
          
           was
           hazarded
           by
           the
           Danes
           :
           that
           is
           ,
           according
           to
           what
           I
           before
           observ'd
           ,
           
           the
           
             Anglo-Saxon
             regnant
             branch
          
           of
           the
           
             Royal
             Family
          
           was
           kept
           back
           ,
           and
           was
           likely
           never
           to
           have
           been
           restored
           .
           'T
           is
           evident
           that
           it
           was
           not
           for
           Edward
           to
           carry
           this
           Point
           farther
           ;
           for
           besides
           the
           Danish
           Royal
           Family
           ,
           claiming
           from
           King
           Ethelbald
           ;
           and
           b
           Fretheric
           ,
           Abbot
           of
           St.
           Albans
           in
           his
           time
           ,
           coming
           from
           the
           ancient
           Saxons
           and
           Danes
           ,
           and
           lineally
           descended
           from
           
             King
             Cnute
          
           ;
           there
           was
           the
           Historian
           c
           Ethelwerd
           ,
           or
           his
           immediate
           Ancestor
           ,
           of
           the
           Family
           of
           King
           Ethered
           :
           and
           in
           all
           probability
           ,
           
           there
           were
           several
           descendants
           either
           from
           
             Ethelstan
             ,
             Ethelwolfs
          
           elder
           Brother
           ,
           or
           from
           his
           Sons
           Ethelbald
           ,
           and
           Ethelbert
           .
        
         
           What
           was
           the
           known
           Law
           in
           the
           
             Confessor's
             time
          
           ,
           both
           as
           to
           the
           Succession
           ,
           and
           the
           continuing
           King
           ,
           besides
           the
           former
           Evidences
           ,
           appears
           beyond
           contradiction
           from
           that
           King's
           Laws
           :
           according
           to
           which
           .
        
         
           1.
           
           The
           d
           Monarchy
           was
           founded
           in
           election
           :
           which
           explains
           in
           what
           Sense
           a
           King
           is
           there
           taken
           to
           be
           Constituted
           .
        
         
           2.
           
           If
           the
           King
           do
           not
           answer
           the
           end
           for
           which
           he
           had
           been
           Constituted
           ;
           e
           
             not
             so
             much
             as
             the
             name
             of
             King
             shall
             continue
             in
             him
             .
          
        
         
           3.
           
           It
           receives
           as
           a
           f
           Rule
           in
           all
           Kingdoms
           ,
           and
           particularly
           here
           ,
           the
           Judgment
           of
           
             Pope
             Zachary
          
           ,
           encouraging
           the
           Franks
           to
           depose
           their
           King
           Childeric
           .
        
         
           With
           Edward
           the
           Confessor
           ,
           end
           the
           Saxon
           and
           Danish
           Successions
           of
           Kings
           :
           Harold
           ,
           the
           Son
           of
           Earl
           Godwin
           ,
           as
           I
           shall
           shew
           ,
           never
           was
           King
           ,
           nor
           reputed
           King
           by
           any
           ,
           but
           his
           own
           Party
           .
        
         
           Here
           I
           may
           observe
           .
        
         
           1.
           
           That
           Dr.
           Brady
           is
           mightily
           mistaken
           in
           his
           assertion
           ,
           that
           
             
             the
             Saxons
             did
             in
             their
             subjection
             ,
             owning
             of
             ,
             and
             submission
             to
             their
             Princs
             ,
             acknowledge
             both
             
               proximity
               of
               blood
               ,
               and
               nomination
            
             of
             their
             Princes
             ,
             often
             both
             ,
             sometimes
             only
             one
             of
             them
             ;
             but
             
               never
               followed
               any
               other
               rule
            
             .
          
        
         
           2.
           
           The
           chief
           rule
           of
           Succession
           ,
           upon
           the
           death
           ,
           or
           disability
           of
           any
           King
           ,
           was
           a
           proper
           election
           of
           a
           worthy
           Person
           ,
           of
           the
           
             Regnant
             Branch
          
           of
           the
           Royal
           Family
           .
        
         
         
           3.
           
           
           Dr.
           Bradie's
           notion
           ,
           that
           
             Elegerunt
             ,
             signifies
             no
             more
             than
             recognoverunt
             ,
             they
             acknowledged
             ,
             owned
             ,
             submitted
             unto
             him
             as
             their
             King
             ,
             is
             by
             no
             means
             true
             ;
          
           the
           recognition
           being
           manifestly
           subsequent
           to
           ,
           or
           in
           consequence
           of
           the
           election
           :
           nor
           is
           any
           thing
           more
           plain
           ,
           than
           that
           the
           States
           did
           from
           the
           beginning
           of
           the
           Monarchy
           downwards
           ,
           
             rightfully
             declare
             an
             Heir
          
           to
           the
           Kingdom
           ,
           and
           then
           acknowledge
           his
           Right
           :
           tho'
           neither
           next
           upon
           the
           Royal
           Line
           ,
           nor
           representing
           the
           next
           ;
           nor
           yet
           nominated
           by
           the
           Predecessor
           .
           And
           indeed
           till
           a
           rare
           and
           noted
           instance
           in
           the
           case
           of
           Hen.
           5.
           on
           whom
           the
           Crown
           had
           before
           been
           entailed
           in
           Parliament
           ;
           no
           Prince
           was
           known
           to
           have
           been
           formally
           recogniz'd
           ,
           till
           he
           had
           taken
           the
           Coronation
           Oath
           .
           
        
         
           4
           If
           according
           to
           any
           good
           authority
           of
           the
           Saxon
           or
           Danish
           Times
           ,
           
           it
           should
           seem
           ,
           that
           any
           man
           came
           to
           the
           Crown
           by
           the
           Gift
           of
           his
           Predecessor
           ;
           
           it
           must
           have
           been
           made
           with
           such
           solemnity
           as
           was
           requisite
           ,
           even
           for
           the
           granting
           of
           Lands
           .
           As
           that
           of
           a
           Egbert's
           above-mentioned
           ,
           
           or
           b
           Athelstan's
           in
           an
           Assembly
           of
           the
           
             Bishops
             ,
             Abbots
          
           ,
           
           Dukes
           ,
           or
           Earls
           ,
           and
           the
           Procurators
           ,
           or
           Representatives
           ,
           
             of
             the
             Country
          
           ;
           
           or
           an
           c
           other
           before
           the
           Plebs
           ,
           
           or
           Commons
           ;
           or
           Edgar's
           d
           in
           the
           
             open
             air
          
           ,
           with
           the
           privity
           of
           the
           Great
           ,
           or
           Wisemen
           ,
           of
           his
           
             whole
             Kingdom
          
           .
        
         
           In
           the
           Confessor's
           life
           time
           ,
           there
           were
           three
           Competitors
           for
           the
           Crown
           ,
           Atheling's
           Father
           ,
           and
           Son
           to
           
             Edmund
             Ironside
             ;
             Harold
          
           ,
           who
           was
           
             High
             Steward
          
           of
           England
           ,
           and
           the
           most
           powerful
           of
           any
           Man
           ,
           tho'
           not
           his
           Fathers
           eldest
           Son
           ;
           and
           William
           Duke
           of
           Normandy
           ,
           Grand
           Nephew
           to
           Emma
           ,
           who
           had
           been
           Crown'd
           Queen
           of
           England
           ,
           nor
           as
           has
           appear'd
           above
           ,
           was
           William
           under
           any
           incapacity
           from
           his
           Bastardy
           .
           Besides
           his
           Wife
           Maud
           was
           descended
           from
           a
           Daughter
           of
           King
           Alfred
           ,
           married
           to
           Baldwin
           Earl
           of
           Flanders
           :
           upon
           which
           account
           ,
           a
           Commentator
           on
           the
           
             Grand
             Custumary
          
           of
           Normandy
           ,
           held
           him
           to
           be
           the
           first
           ,
           or
           chief
           Heir
           .
        
         
           Edward
           ,
           e
           Son
           to
           
             Edmund
             Ironside
          
           ,
           was
           at
           one
           time
           designed
           by
           the
           Confessor
           for
           his
           Successor
           ,
           if
           he
           could
           prevail
           with
           the
           Nation
           to
           consent
           ;
           but
           that
           Edward
           dying
           before
           the
           Confessor
           ,
           his
           Son
           being
           a
           Minor
           ,
           seems
           never
           then
           to
           have
           been
           thought
           of
           .
        
         
         
           Harold's
           design
           was
           covert
           ;
           nor
           does
           he
           appear
           to
           have
           been
           a
           Pretender
           ,
           till
           the
           Confessor
           lay
           upon
           his
           death-bed
           .
        
         
           But
           Duke
           William
           had
           long
           been
           promis'd
           his
           Cousin
           King
           Edward's
           interest
           :
           in
           order
           whereunto
           ,
           we
           may
           well
           believe
           ,
           he
           in
           a
           the
           year
           1651.
           came
           over
           to
           England
           ,
           and
           ,
           doubtless
           ,
           to
           ingratiate
           him
           to
           the
           Nation
           ,
           was
           by
           the
           Confessor
           carried
           up
           and
           down
           the
           Kingdom
           .
           In
           the
           year
           1657.
           or
           1658.
           the
           design
           was
           brought
           to
           bear
           ;
           and
           in
           a
           
             Great
             Council
          
           of
           the
           whole
           Nation
           ,
           William
           was
           
             declared
             Successor
          
           ;
           or
           as
           the
           Law
           b
           received
           by
           him
           has
           it
           ,
           agreeing
           with
           a
           Charter
           pass'd
           in
           Parl.
           15.
           of
           his
           Reign
           ,
           c
           was
           adopted
           Heir
           ;
           or
           as
           another
           Charter
           has
           it
           ,
           Edward
           instituted
           him
           d
           
             adopted
             Heir
          
           .
           That
           this
           Adoption
           or
           Institution
           of
           an
           Heir
           to
           the
           Crown
           ,
           was
           with
           a
           Consent
           truly
           National
           ,
           I
           shall
           elsewhere
           have
           occasion
           to
           prove
           at
           large
           :
           at
           present
           ,
           shall
           only
           observe
           ,
           that
           the
           above-cited
           Law
           says
           ,
           
           that
           
             Edward
             caused
             the
             Kingdom
             to
          
           e
           
             swear
             to
          
           William
           ;
           
           that
           Wilnot
           Earl
           Godwin's
           Son
           ,
           and
           Hacun
           ,
           his
           Grandson
           ,
           were
           sent
           Hostages
           to
           William
           ,
           to
           secure
           the
           future
           Allegiance
           of
           that
           Family
           ;
           that
           Robert
           ,
           Archbishiop
           of
           Canterbury
           ,
           and
           Harold
           ,
           were
           successively
           with
           the
           Duke
           to
           assure
           him
           of
           his
           being
           declared
           Heir
           to
           the
           Crown
           ;
           which
           Harold
           swore
           to
           endeavour
           to
           preserve
           to
           William
           .
           But
           notwithstanding
           the
           Nations
           and
           his
           own
           Oath
           ;
           while
           the
           Nobility
           and
           People
           were
           at
           the
           Confessor's
           Funeral
           at
           
             Westminster
             ,
             Harold
          
           got
           a
           Party
           together
           at
           Lambeth
           ,
           where
           ,
           as
           some
           have
           it
           ,
           he
           set
           the
           Crown
           upon
           his
           own
           Head.
           The
           mad
           Englishman
           ,
           f
           as
           a
           contemporary
           Writer
           has
           it
           ,
           would
           not
           stay
           to
           see
           what
           the
           Publick
           Election
           would
           appoint
           .
        
         
           Harold's
           Possession
           whatever
           it
           was
           ,
           prov'd
           very
           short
           ,
           lasting
           but
           nine
           Months
           :
           nor
           was
           he
           ever
           fully
           recogniz'd
           or
           submitted
           to
           by
           the
           States
           ,
           or
           the
           Body
           of
           the
           Nation
           :
           he
           never
           held
           any
           Parliament
           or
           Convention
           of
           the
           States
           ;
           which
           I
           take
           to
           be
           the
           reason
           that
           no
           Charter
           of
           his
           is
           to
           be
           seen
           ,
           nor
           have
           I
           met
           with
           any
           mention
           of
           one
           :
           They
           who
           fought
           for
           him
           against
           William
           ,
           were
           judged
           Traytors
           ,
           and
           their
           Estates
           g
           forfeited
           :
           and
           it
           is
           rightly
           observ'd
           by
           the
           
             Lord
             Coke
          
           ,
           that
           
             in
             Demesday
          
           ,
           
           Harold
           ,
           
             who
             usurped
             the
             Crown
             of
          
           England
           
             after
             the
             decease
             of
             King
          
           Edward
           the
           Confessor
           ,
           
             is
             never
             named
          
           per
           nomen
           Regis
           ,
           sed
           per
           nomen
           Comitis
           Haroldi
           .
        
         
           Wherefore
           he
           leaves
           him
           out
           of
           his
           Lift
           of
           our
           Kings
           .
        
         
           William
           ,
           according
           to
           some
           Authors
           was
           encouraged
           to
           his
           attempt
           ,
           from
           the
           consideration
           that
           Harold
           was
           neither
           of
           the
           Saxon
           ,
           nor
           
             Danish
             Royal
             Stock
          
           .
        
         
           When
           William
           Landed
           ,
           
           he
           claimed
           the
           Crown
           from
           his
           Cousins
           Gift
           ,
           
           with
           the
           consnt
           of
           the
           Nobility
           of
           the
           Kingdom
           ,
           confirmed
           by
           Oath
           :
           and
           lays
           his
           qualification
           in
           being
           thought
           the
           
             most
             deserving
             of
             all
             that
          
           were
           nearly
           related
           to
           the
           
             Confessor
             .
             Harold
          
           had
           nothing
           to
           plead
           against
           that
           ,
           but
           the
           suggestion
           ,
           that
           the
           Crown
           had
           not
           been
           setled
           by
           a
           Consent
           sufficiently
           formal
           ;
           
           that
           it
           was
           made
           without
           a
           
             Convention
             ,
             and
             Law
             ,
             of
             the
             Senate
             and
             People
             :
          
           which
           't
           is
           no
           wonder
           that
           he
           should
           pretend
           ,
           
           tho'
           there
           were
           never
           so
           formal
           an
           Election
           .
        
         
           Notwithstanding
           the
           Right
           ,
           with
           which
           the
           Norman
           Duke
           Landed
           ,
           he
           proffered
           to
           submit
           to
           what
           the
           English
           should
           decree
           ;
           and
           therefore
           to
           
             a
             new
             election
          
           if
           they
           thought
           fit
           .
           Upon
           Harold's
           death
           ,
           some
           of
           the
           English
           who
           dreaded
           the
           consequence
           of
           receiving
           William
           after
           a
           bloody
           Battle
           ,
           set
           up
           
             Edgar
             Atheling
          
           for
           King
           :
           who
           ,
           tho'
           but
           the
           second
           degree
           from
           a
           Bastard
           ,
           and
           tho'
           his
           Father
           never
           had
           Possession
           ,
           was
           look'd
           upon
           as
           the
           
             true
             Heir
          
           of
           the
           Crown
           :
           that
           is
           the
           Person
           of
           the
           last
           
             Regnant
             Branch
          
           of
           the
           Royal
           Family
           ,
           who
           ordinarily
           would
           have
           succeeded
           by
           common
           consent
           of
           
             the
             States
          
           ,
           if
           of
           sufficient
           Merit
           ;
           and
           reasons
           of
           State
           ,
           or
           other
           obligations
           did
           not
           interpose
           .
           But
           the
           learned
           a
           Monk
           Guitmond
           ,
           who
           could
           bot
           but
           know
           the
           constitution
           in
           this
           matter
           ,
           c
           held
           him
           to
           be
           but
           
             one
             Heir
          
           among
           many
           
             of
             the
             Line
             of
             the
             Royal
             Family
             .
          
           However
           the
           generallity
           of
           the
           Clergy
           thought
           themselves
           bound
           to
           maintain
           the
           Title
           with
           which
           King
           William
           Landed
           ,
           and
           that'twas
           b
           Rebellion
           to
           oppose
           him
           :
           yet
           before
           his
           being
           received
           for
           King
           ,
           he
           at
           Berkhamsted
           made
           a
           League
           ,
           
           or
           Contract
           with
           the
           People
           ,
           headed
           by
           the
           Great
           Earls
           ,
           
           Edwin
           ,
           and
           Morcar
           ;
           who
           came
           up
           with
           the
           Forces
           from
           the
           North
           ,
           which
           had
           never
           been
           in
           the
           Battle
           
           against
           the
           Duke
           .
           a
           Part
           of
           the
           League
           made
           with
           the
           People
           of
           England
           ,
           was
           ,
           that
           he
           should
           be
           Crown'd
           
             as
             the
             manner
             of
             the
             English
             Government
             requires
             :
          
           at
           his
           Coronation
           ,
           the
           consent
           of
           the
           People
           was
           ask'd
           in
           the
           due
           and
           accustomed
           manner
           :
           and
           the
           account
           Historians
           give
           of
           the
           Oath
           he
           then
           took
           ,
           shews
           it
           to
           be
           that
           which
           stood
           in
           the
           
             Saxon
             Ritual
          
           .
        
         
           After
           which
           ,
           he
           more
           than
           once
           received
           and
           swore
           to
           that
           Body
           of
           the
           Common-Law
           of
           England
           ,
           which
           had
           obtain'd
           the
           name
           of
           King
           Edward's
           Laws
           :
           which
           ,
           as
           has
           been
           observ'd
           ,
           declare
           the
           end
           for
           which
           a
           King
           is
           Constituted
           ,
           and
           that
           he
           
             loses
             the
             Name
          
           ,
           or
           ceases
           to
           be
           King
           ,
           when
           he
           answers
           not
           ,
           that
           end
           .
        
         
           Indeed
           Dr.
           
           Brady
           ,
           who
           is
           as
           free
           with
           his
           Conquerors
           Memory
           ,
           as
           with
           the
           Liberties
           of
           England
           ;
           b
           which
           he
           calls
           the
           Grants
           and
           Concessions
           of
           the
           King
           of
           this
           Nation
           ;
           will
           have
           it
           ,
           that
           William
           the
           I.
           regarded
           his
           Oath
           only
           in
           the
           beginning
           of
           his
           Reign
           ,
           and
           that
           by
           notorious
           violations
           of
           his
           contract
           ,
           with
           the
           People
           of
           England
           ,
           he
           acquired
           the
           Right
           of
           a
           Conqueror
           ;
           and
           thereby
           put
           an
           end
           to
           the
           ancient
           Constitution
           of
           this
           Monarchy
           ,
           and
           those
           Liberties
           and
           Priviledges
           of
           the
           Subject
           ,
           which
           manifestly
           appear
           to
           have
           been
           of
           elder
           date
           than
           the
           Monarchy
           .
           
        
         
           Upon
           which
           ,
           
           if
           one
           would
           return
           the
           Freedom
           of
           his
           c
           Censures
           against
           others
           ,
           it
           might
           be
           said
           ,
           that
           this
           was
           not
           only
           to
           make
           the
           then
           King
           the
           Successor
           of
           a
           Conqueror
           ;
           but
           with
           a
           prospect
           of
           applying
           the
           Rights
           which
           he
           ascribes
           to
           a
           supposed
           Qonquest
           ,
           to
           justifie
           what
           should
           be
           practised
           upon
           the
           late
           intended
           Conquest
           of
           this
           Nation
           .
        
         
           That
           the
           Judgment
           and
           Practice
           of
           William
           the
           I.
           
           was
           very
           contrary
           to
           the
           Doctor
           's
           Imaginations
           ,
           will
           be
           
           
           proved
           by
           numerous
           Instances
           ;
           and
           that
           it
           was
           so
           as
           to
           that
           part
           of
           the
           Constitution
           which
           concerns
           the
           Succession
           to
           the
           Crown
           ,
           appears
           by
           that
           King's
           Death-bed
           Declaration
           :
           which
           some
           would
           set
           up
           for
           a
           will
           ,
           disposing
           of
           the
           Crown
           at
           that
           very
           time
           when
           he
           owns
           that
           it
           is
           not
           his
           to
           give
           .
        
         
           I
           ,
           says
           he
           ,
           a
           
             appoint
             no
             Heir
             of
             the
             Crown
             of
             England
             ,
          
           but
           to
           the
           Universal
           Creator
           ,
           whose
           I
           am
           ,
           and
           in
           whose
           hands
           are
           all
           things
           ,
           I
           commend
           it
           ;
           for
           I
           did
           not
           possess
           so
           great
           Honour
           by
           
             Hereditary
             Right
          
           :
           but
           with
           direful
           conflict
           ,
           and
           much
           effusion
           of
           Humane
           Blood
           ,
           I
           took
           it
           from
           the
           perjured
           
             King
             Harold
          
           ,
           and
           brought
           it
           under
           subjection
           to
           me
           .
        
         
           He
           adds
           .
        
         
           Therefore
           I
           dare
           not
           bequeath
           the
           Scepter
           of
           this
           Kingdom
           to
           any
           body
           ,
           
             but
             to
             God
          
           alone
           ;
           least
           after
           my
           death
           ,
           worse
           troubles
           happen
           in
           it
           by
           my
           occasioning
           .
           For
           my
           Son
           William
           ,
           (
           always
           as
           became
           him
           obedient
           to
           me
           )
           I
           wish
           that
           God
           may
           give
           him
           his
           favour
           ,
           and
           that
           ,
           
             if
             it
             so
             please
             the
             Almighty
             ,
          
           he
           may
           Reign
           after
           me
           .
        
         
           According
           to
           this
           .
        
         
           1.
           
           He
           had
           no
           right
           ,
           or
           pretence
           ,
           to
           dispose
           of
           the
           Crown
           .
        
         
           2.
           
           If
           some
           would
           have
           regarded
           his
           disposition
           ;
           so
           many
           would
           have
           been
           likely
           to
           assert
           their
           liberty
           ,
           that
           it
           might
           occasion
           great
           troubles
           .
           
        
         
           3.
           
           Providence
           only
           could
           determine
           who
           should
           succeed
           :
           
           which
           is
           almost
           as
           much
           as
           if
           he
           said
           ,
           there
           is
           no
           fix'd
           or
           certain
           right
           in
           any
           body
           .
           
           One
           reason
           why
           he
           pretended
           not
           to
           dispose
           of
           the
           Crown
           ,
           
           was
           ,
           that
           he
           had
           it
           not
           by
           
             Hereditary
             Right
          
           ,
           
           that
           is
           ,
           as
           it
           came
           not
           to
           him
           by
           discent
           ,
           neither
           was
           it
           disposable
           like
           common
           Inheritances
           :
           not
           but
           that
           after
           he
           was
           
             declared
             Heir
          
           ,
           and
           
             admitted
             King
          
           ,
           he
           had
           as
           true
           an
           Hereditary
           Right
           in
           the
           Crown
           ,
           as
           any
           of
           his
           Predecessors
           had
           :
           and
           this
           is
           justified
           by
           his
           own
           and
           other
           Charters
           .
           In
           b
           one
           ,
           he
           stiles
           himself
           
             by
             the
             Providence
             of
             God
             ,
             and
             Inheritance
             of
             Consanguinity
             ,
          
           King
           of
           the
           English
           .
           In
           another
           ,
           he
           says
           ,
           he
           was
           c
           
             made
             King
             by
             Hereditary
             Right
          
           .
           In
           another
           ,
           he
           is
           call'd
           Heir
           to
           Edward
           by
           stock
           and
           gift
           :
           and
           in
           Charters
           of
           W.
           2.
           and
           
           H.
           1.
           their
           Father
           is
           said
           to
           have
           succeeded
           by
           a
           
             Hereditary
             Right
          
           .
        
         
           Indeed
           one
           b
           of
           the
           Charters
           of
           W.
           1.
           seems
           to
           contradict
           his
           Death
           bed
           Declaration
           ,
           or
           the
           sense
           I
           have
           given
           of
           it
           :
           
           for
           speaking
           of
           his
           victory
           over
           Harold
           ,
           he
           says
           ,
           he
           
             acquired
             the
             Kingdom
             due
             to
             him
             and
             his
             Successors
             ,
             to
             be
             possessed
             for
             ever
             by
             Hereditary
             Right
             .
          
           
        
         
           Yet
           this
           if
           duely
           considered
           is
           no
           more
           ,
           than
           that
           by
           his
           Rightful
           Possession
           ,
           his
           became
           the
           
             Regnant
             Family
          
           ;
           and
           the
           Successions
           were
           to
           be
           derived
           from
           him
           .
        
         
           His
           Son
           W.
           
           2.
           being
           ,
           through
           the
           prevalence
           of
           the
           English
           against
           the
           
             Normans
             ,
             elected
          
           soon
           after
           the
           Father's
           ddeath
           ;
           truly
           succeded
           upon
           the
           
             old
             Hereditary
             Right
          
           :
           and
           ,
           indeed
           stood
           fairer
           for
           a
           recognition
           than
           his
           elder
           Brother
           Robert.
           
        
         
           Dr.
           
           Brady
           observes
           out
           of
           Knighton
           ,
           that
           the
           Barons
           of
           England
           ,
           
           with
           the
           
             plenary
             consent
             and
             counsel
          
           of
           all
           the
           Community
           of
           the
           Kingdom
           ,
           branded
           Robert
           with
           illegitimacy
           ,
           because
           he
           came
           not
           from
           a
           
             lawful
             Bed.
          
           No
           Man
           ,
           I
           believe
           ,
           has
           imagin'd
           that
           Robert
           was
           not
           the
           Son
           of
           W.
           1.
           by
           Maud
           ,
           and
           that
           after
           Marriage
           :
           but
           ,
           as
           has
           appeared
           above
           ,
           till
           she
           had
           been
           
             Crowned
             Queen
             of
          
           England
           ,
           she
           was
           but
           as
           a
           Concubine
           ;
           and
           her
           Issue
           illegitimate
           :
           and
           thus
           the
           very
           qualification
           to
           be
           elected
           ,
           proceeded
           from
           that
           election
           which
           made
           the
           Wife
           Queen
           .
        
         
           H.
           
           1.
           
           Upon
           this
           account
           was
           to
           be
           preferred
           upon
           the
           death
           of
           W.
           1.
           before
           the
           eldest
           Brother
           Robert
           ,
           then
           alive
           :
           yet
           he
           did
           not
           scruple
           to
           own
           by
           his
           c
           Charter
           ,
           that
           next
           to
           God's
           mercy
           ,
           this
           was
           owing
           to
           the
           Common-Council
           of
           the
           Barons
           .
        
         
           The
           Ritual
           d
           for
           his
           Coronation
           shews
           ,
           that
           he
           had
           been
           elected
           in
           a
           Convention
           of
           the
           States
           ;
           
           prays
           to
           God
           to
           bless
           him
           whom
           they
           have
           
             elected
             King
          
           ;
           
           and
           declares
           his
           Authority
           to
           be
           delegated
           to
           him
           
             haeeditario
             judicio
          
           ,
           
           by
           an
           Hereditary
           Judgment
           ,
           or
           Decree
           ,
           constituting
           him
           Heir
           of
           the
           Crown
           .
           Till
           he
           presumed
           too
           far
           upon
           the
           love
           of
           the
           People
           ,
           and
           bore
           too
           hard
           upon
           'em
           ,
           they
           never
           thought
           of
           changing
           him
           for
           his
           elder
           Brother
           :
           nor
           was
           his
           Possession
           long
           disturbed
           .
        
         
         
           He
           ,
           well
           knowing
           that
           his
           Issue
           had
           no
           certain
           Right
           of
           Succeeding
           him
           ,
           till
           the
           States
           should
           agree
           to
           it
           ,
           prevail'd
           upon
           'em
           ,
           to
           make
           two
           Settlements
           of
           the
           Crown
           successively
           ;
           one
           upon
           his
           Son
           William
           ,
           an
           other
           after
           the
           Son's
           death
           upon
           his
           Daughter
           Maud
           ,
           
           and
           both
           the
           Settlements
           were
           establish'd
           by
           a
           National
           Oath
           .
           
           But
           it
           is
           observable
           ,
           that
           the
           last
           was
           ,
           
           if
           the
           King
           died
           without
           Heir
           ,
           say
           some
           ,
           without
           Heir-male
           ,
           
           say
           others
           .
           According
           to
           which
           ,
           with
           regard
           to
           the
           ancient
           Constitution
           ,
           Stephen
           ,
           Sisters
           Son
           to
           H.
           1.
           when
           recognized
           by
           the
           States
           ,
           became
           within
           the
           express
           Provision
           of
           that
           Settlement
           .
        
         
           Agreeably
           to
           this
           ,
           as
           a
           we
           have
           it
           from
           an
           Author
           of
           the
           Time.
           H.
           1.
           upon
           his
           Death-bed
           ,
           recommended
           Stephen
           to
           be
           received
           by
           
             Hereditary
             Right
          
           .
           And
           that
           Author
           speaks
           of
           his
           Merits
           ,
           
           joyn'd
           with
           his
           being
           of
           the
           
             Royal
             Stock
          
           ,
           
           as
           inducements
           to
           his
           Election
           .
        
         
           As
           an
           b
           other
           Author
           has
           it
           ,
           
             because
             he
             appear'd
          
           fit
           to
           Reign
           ,
           
           
             as
             well
             for
             the
          
           Dignity
           of
           his
           Stock
           ,
           
             as
             the
             probity
             of
             his
             mind
             ,
             they
             agreed
             upon
             a
          
           common
           Resolution
           ,
           and
           all
           
             with
             concordant
             favour
          
           ,
           Constituted
           
             him
             King
             ;
             a
          
           compact
           
             being
             first
             made
             ,
             and
             a
          
           mutual
           
             Oath
             ,
             according
             to
             the
             vulgar
             expression
             .
          
           
        
         
           Maud's
           Title
           ,
           tho'
           under
           a
           former
           Settlement
           of
           the
           Crown
           ,
           gave
           him
           no
           disturbance
           ,
           till
           he
           either
           broke
           his
           part
           of
           the
           
             mutual
             Contract
          
           ,
           or
           at
           least
           disoblig'd
           the
           Clergy
           :
           which
           made
           his
           own
           Brother
           c
           the
           Pope's
           Legate
           ,
           turn
           against
           him
           ,
           
           and
           help
           to
           bring
           in
           Maud
           ;
           who
           refusing
           to
           d
           swear
           to
           the
           
             Confessor's
             Laws
          
           ,
           was
           (
           chiefly
           by
           means
           of
           the
           Londoners
           ,
           who
           were
           very
           powerful
           at
           all
           Elections
           )
           rejected
           ,
           
           and
           never
           fully
           recogniz'd
           .
        
         
           At
           that
           time
           election
           was
           counted
           no
           disparagement
           to
           a
           King's
           Title
           :
           for
           Stephen
           e
           not
           only
           took
           into
           his
           Title
           
             
             by
             the
             Grace
             of
             God
             ,
             by
             the
             Assent
             of
             the
             Clergy
             and
             People
             ,
             
             elected
             King
             of
             England
             ;
          
           but
           in
           an
           f
           Assembly
           of
           the
           States
           ,
           in
           a
           memorable
           Speach
           ,
           too
           long
           to
           be
           here
           inserted
           ,
           
           appeals
           to
           them
           ,
           
             who
             ought
             rather
             to
             succeed
             in
             a
             Kingdom
             ;
             one
             whom
             the
             unanimous
             consent
             of
             the
             
               Nobility
               ,
               and
               the
               University
               of
               the
               People
               earnestly
               wish'd
               for
               ,
               desired
               ,
               elected
               ?
            
             Or
             one
             ,
             whom
             every
             Sex
             ,
             every
             Age
             ,
             opposed
             and
             cried
             out
             against
             ?
             What
             more
             
               pernicious
               
               than
               against
               the
               will
               of
               all
               ,
               violently
               to
               snatch
               the
               Rights
               of
               the
               Kingdom
               ?
            
          
           Had
           Stephen's
           brave
           Son
           Eustace
           lived
           ,
           in
           all
           probability
           H.
           2.
           had
           never
           succeeded
           ;
           and
           however
           ,
           was
           glad
           to
           come
           after
           Stephen
           ,
           as
           his
           a
           
             adopted
             Heir
          
           ;
           as
           W.
           
           1.
           had
           been
           ,
           to
           the
           Confessor
           .
           Neither
           was
           Maud's
           consent
           ever
           ask'd
           to
           the
           Settlement
           ,
           or
           recognition
           afterwards
           ,
           tho'
           she
           lived
           beyond
           that
           time
           :
           nor
           did
           
             the
             States
          
           take
           any
           notice
           of
           her
           pretended
           Title
           ,
           after
           her
           manifest
           forfeiture
           ,
           of
           all
           that
           she
           could
           claim
           by
           the
           Settlement
           in
           the
           time
           of
           H.
           1.
           or
           otherwise
           howsoever
           .
           H.
           2.
           knowing
           that
           the
           Consent
           of
           the
           States
           was
           the
           best
           Title
           any
           Child
           of
           his
           could
           have
           to
           succeed
           him
           ;
           and
           yet
           that
           they
           had
           liberty
           of
           altering
           a
           Consent
           ,
           
           given
           upon
           reasons
           ,
           which
           might
           afterwards
           sail
           ;
           out
           of
           abundant
           care
           for
           his
           Son
           Henry
           ,
           had
           him
           Crowned
           in
           his
           life
           time
           ;
           which
           ,
           through
           
             French
             Counsels
          
           ,
           put
           the
           Son
           upon
           insisting
           on
           the
           Rights
           of
           Kingship
           ,
           
           to
           the
           great
           clamity
           of
           the
           Nation
           :
           tho'
           the
           Subjects
           swore
           Allegiance
           to
           him
           with
           an
           b
           express
           Salvo
           for
           the
           Allegiance
           due
           to
           his
           Father
           .
           
           Which
           ,
           whatever
           some
           have
           thought
           ,
           or
           c
           affirm'd
           ,
           was
           d
           the
           only
           Salvo
           in
           the
           
             Scotch
             Kings
             homage
          
           ,
           according
           to
           ancient
           custom
           ,
           
             for
             the
             Crown
             of
          
           Scotland
           .
        
         
           To
           H.
           2.
           e
           succeeded
           his
           eldest
           surviving
           Son
           ,
           Richard
           ,
           but
           was
           not
           accounted
           King
           upon
           the
           death
           of
           his
           Father
           .
           Authors
           say
           ,
           he
           
             was
             to
             be
          
           f
           
             promoted
             to
             be
             King
             ,
             by
             Hereditary
             Right
             :
          
           which
           is
           far
           from
           
             being
             King
             by
             Hereditary
             Right
          
           .
           But
           ,
           as
           the
           former
           usage
           explains
           such
           words
           ,
           he
           deserved
           to
           be
           elected
           and
           
             made
             King
          
           ,
           in
           which
           sense
           one
           of
           g
           the
           Authors
           who
           lived
           at
           the
           time
           ,
           immediately
           explains
           himself
           ,
           
           mentioning
           his
           
             Coronation
             Oath
             ,
             after
             the
             solemn
             and
             due
             election
             ,
          
           
           
             as
             well
             of
             the
             Clergy
             as
             People
             .
          
        
         
           Before
           this
           ,
           he
           was
           at
           first
           only
           Earl
           of
           Poictou
           ,
           and
           then
           Duke
           of
           Normandy
           ,
           but
           h
           not
           till
           he
           had
           been
           solemnly
           invested
           with
           the
           Sword
           of
           that
           Dukedom
           .
           And
           Bromton
           informs
           us
           ,
           that
           he
           accepted
           the
           Crown
           upon
           i
           condition
           of
           keeping
           his
           
             Coronation
             Oath
          
           ;
           without
           undertaking
           
           which
           ,
           the
           Archbishop
           charged
           him
           not
           
             to
             assume
             the
             Royal
             Dignity
          
           .
           He
           going
           to
           the
           holy
           Wars
           after
           his
           being
           Crown'd
           ,
           his
           Brother
           John
           would
           have
           seiz'd
           the
           Government
           as
           vacant
           ,
           but
           had
           no
           tollerable
           pretence
           ,
           the
           War
           having
           been
           carried
           on
           with
           a
           National
           Consent
           .
           Upon
           this
           ,
           it
           was
           adjudged
           by
           a
           a
           Common-Council
           of
           the
           Kingdom
           ,
           
           that
           John
           should
           be
           disseiz'd
           of
           all
           that
           he
           held
           in
           England
           ,
           which
           might
           extend
           to
           such
           right
           or
           expectancy
           as
           he
           had
           in
           the
           Crown
           .
           
        
         
           Notwithstanding
           which
           ,
           upon
           Richard's
           death
           ,
           the
           great
           Question
           came
           upon
           the
           Stage
           ,
           whether
           the
           Crown
           ought
           ordinarily
           to
           go
           according
           to
           the
           right
           of
           Proximity
           ,
           or
           of
           Representation
           .
           
        
         
           The
           right
           of
           Proximity
           was
           in
           John
           ,
           Brother
           to
           
             King
             Richard
          
           :
           this
           was
           the
           Right
           which
           the
           English
           seem'd
           to
           think
           most
           agreeable
           to
           the
           Constitution
           of
           this
           Monarchy
           ;
           
           and
           is
           according
           to
           the
           b
           
             Custom
             of
             Normandy
          
           for
           Succession
           to
           that
           Dukedom
           ;
           and
           ,
           as
           c
           Cujacius
           supposes
           ,
           of
           most
           Nations
           .
           
           Foreigners
           were
           for
           Arthur
           of
           Brittain
           ,
           as
           having
           the
           right
           of
           Representation
           ,
           being
           the
           Son
           of
           John's
           elder
           Brother
           :
           and
           this
           was
           the
           Right
           d
           according
           to
           the
           custom
           of
           Brittain
           in
           France
           .
        
         
           But
           as
           to
           the
           Law
           of
           England
           ,
           it
           appears
           by
           e
           Glanvil's
           account
           of
           the
           Law
           ,
           
           as
           it
           was
           taken
           in
           the
           time
           of
           H.
           2.
           that
           even
           for
           the
           Descent
           of
           private
           Inheritances
           ,
           it
           was
           doubtful
           ,
           
           whether
           they
           ought
           to
           go
           to
           the
           Grandson
           ,
           by
           the
           eldest
           Son
           who
           died
           in
           the
           Father's
           life
           time
           ,
           or
           to
           his
           next
           surviving
           Son.
           
           If
           indeed
           the
           eldest
           Son
           had
           in
           the
           Father's
           life
           time
           done
           homage
           to
           the
           Chief
           Lord
           for
           his
           Father's
           Inheritance
           ;
           
           this
           was
           held
           to
           remove
           the
           doubt
           .
           And
           Glanvil
           afterwards
           says
           upon
           the
           Question
           between
           Uncle
           and
           Nephew
           ,
           that
           the
           condition
           of
           the
           Possessor
           is
           the
           better
           .
        
         
           According
           to
           which
           ,
           
             -
             King
             John
          
           having
           obtained
           Possession
           of
           the
           Crown
           ,
           had
           it
           rightfully
           ,
           and
           Arthur
           had
           no
           right
           to
           turn
           him
           out
           .
        
         
           John
           f
           being
           beyond-sea
           at
           his
           Brother's
           death
           ,
           sent
           over
           the
           Archbishop
           of
           Canterbury
           ,
           and
           the
           Earl
           
             Marshal
             of
             England
          
           ,
           to
           sollicit
           for
           his
           being
           admitted
           to
           the
           Throne
           .
           
           These
           
             Great
             Men
          
           ,
           with
           the
           assistance
           of
           the
           
             Chief
             Justice
             of
             England
          
           ,
           prevailed
           upon
           many
           to
           swear
           Allegiance
           to
           John
           :
           and
           in
           a
           Convention
           at
           Northampton
           ,
           those
           Persons
           were
           Sponsors
           a
           for
           John's
           doing
           right
           to
           all
           men
           :
           upon
           which
           condition
           ,
           or
           in
           confidence
           of
           his
           performing
           what
           had
           been
           undertaken
           in
           his
           name
           ,
           the
           Earls
           and
           Barons
           swore
           
             Fidelity
             to
             him
             ,
             against
             all
             Men
             :
          
           yet
           after
           this
           ,
           he
           was
           
             formally
             elected
          
           in
           a
           full
           Convention
           of
           the
           States
           ,
           where
           b
           the
           Archbishop
           declares
           it
           as
           matter
           known
           to
           'em
           all
           ,
           
             that
             no
             man
             ought
             to
             succeed
             an
             other
             to
             the
             Kingdom
             ,
             
               upon
               any
               previous
               reason
               ,
               unless
               unanimously
               elected
               by
               the
               whole
               Realm
               ,
            
             &c.
             
             But
             if
             any
             one
             of
             
               the
               Royal
               Stock
            
             was
             more
             deserving
             than
             others
             ,
             his
             election
             ought
             to
             be
             consented
             to
             ,
             the
             more
             promptly
             and
             readily
             .
          
           
        
         
           Notwithstanding
           what
           had
           pass'd
           in
           favour
           of
           John
           ,
           in
           the
           Convention
           ;
           the
           c
           Archbishop
           at
           the
           time
           of
           the
           Coronation
           calls
           him
           but
           Earl.
           
        
         
           
             King
             John
          
           not
           only
           took
           the
           Oath
           appointed
           by
           the
           standing
           Ritual
           ,
           which
           declares
           every
           King
           of
           England
           to
           be
           elected
           ;
           but
           assumed
           the
           Royal
           Dignity
           ,
           as
           his
           Predecessor
           did
           ,
           with
           the
           express
           condition
           of
           keeping
           his
           Oath
           .
           Having
           broken
           this
           Contract
           ,
           and
           notoriously
           departed
           from
           that
           end
           ,
           for
           which
           ,
           according
           to
           the
           Confessors
           Law
           ,
           
           expresly
           sworn
           to
           by
           him
           ,
           he
           had
           been
           constituted
           or
           created
           King
           ;
           in
           making
           War
           upon
           his
           People
           with
           Foreign
           Forces
           ,
           with
           which
           he
           exercis'd
           inhuman
           barbarities
           ;
           and
           as
           much
           as
           in
           him
           lay
           alienating
           his
           Imperial
           Crown
           to
           the
           Pope
           :
           
           he
           ,
           in
           the
           d
           Judgment
           of
           the
           Court
           of
           France
           ,
           as
           well
           as
           of
           the
           States
           and
           People
           of
           England
           ,
           fell
           from
           his
           Royal
           Dignity
           :
           the
           Throne
           was
           e
           e
           become
           vacant
           ;
           and
           during
           the
           vacancy
           ,
           the
           Administration
           devolved
           upon
           the
           States
           :
           whereupon
           they
           resolved
           to
           elect
           a
           new
           King
           ,
           and
           sent
           a
           solemn
           Embassy
           to
           the
           King
           of
           France
           ,
           to
           send
           over
           his
           Son
           Lewis
           to
           be
           King
           
           of
           England
           ;
           whose
           wife
           was
           John's
           Sisters
           Daughter
           .
           But
           the
           chief
           inducement
           to
           this
           Election
           ,
           seems
           to
           have
           been
           that
           expectation
           ,
           in
           which
           they
           were
           not
           deceived
           ,
           that
           the
           a
           Foreigners
           would
           desert
           John
           for
           Lewis
           .
        
         
           Tho
           they
           promised
           to
           Crown
           him
           King
           ,
           they
           ,
           seeing
           great
           grounds
           to
           dislike
           his
           French
           Temper
           and
           Conduct
           ,
           kept
           him
           upon
           his
           good
           behaviour
           ,
           without
           a
           Crown
           ;
           And
           having
           found
           by
           the
           dying
           Confession
           of
           one
           of
           his
           confederates
           ,
           that
           he
           had
           sworn
           ,
           if
           he
           came
           to
           be
           once
           Crowned
           King
           ,
           he
           would
           treat
           the
           English
           as
           Rebels
           to
           their
           former
           Prince
           ;
           they
           soon
           sent
           this
           Probationer
           packing
           ;
           yet
           did
           not
           hold
           John
           to
           be
           King.
           
        
         
           After
           John's
           death
           ,
           many
           of
           the
           greatest
           interest
           in
           England
           ,
           while
           Lewis
           was
           here
           ,
           
           and
           Elianor
           Prince
           Arthur's
           Sister
           alive
           in
           
             Bristol
             Castle
          
           ,
           (
           who
           ,
           according
           to
           the
           vulgar
           notion
           ought
           to
           have
           been
           Queen
           )
           John's
           Son
           :
           but
           were
           far
           from
           thinking
           him
           King
           upon
           the
           death
           of
           his
           Father
           ;
           or
           from
           repenting
           of
           what
           they
           had
           done
           to
           the
           Father
           :
           but
           they
           thought
           it
           adviseable
           to
           cut
           off
           Lewis
           his
           expectation
           of
           the
           Crown
           :
           to
           which
           end
           the
           Martial
           of
           England
           Summons
           a
           Convention
           to
           Glocester
           :
           where
           he
           tells
           b
           the
           States
           ,
           that
           tho'
           they
           had
           
             justly
             prosecuted
             the
             Father
          
           for
           his
           
             evil
             deeds
             ,
             yet
             that
             Infant
             was
             innocent
             ;
             because
             he
             is
             the
             Son
             of
             a
             King
             ,
          
           
           
             and
             our
          
           future
           Lord
           ,
           
             and
             Successer
             of
             the
             Kingdom
             ,
             let
             us
          
           Constitute
           
             him
             our
             King.
          
           
        
         
           At
           last
           all
           as
           with
           one
           voice
           ,
           cried
           thrice
           ,
           let
           him
           be
           made
           King.
           
        
         
           Here
           't
           is
           evident
           that
           he
           was
           not
           accounted
           King
           till
           Constituted
           or
           made
           ,
           and
           was
           but
           a
           future
           Lord
           :
           and
           agreeably
           to
           this
           c
           
             Matthew
             Paris
          
           says
           ,
           they
           assembled
           in
           order
           to
           
             exalt
             Henry
          
           ,
           
           the
           King
           's
           eldest
           Son
           ,
           
             to
             be
             King
             of
          
           England
           .
        
         
           He
           took
           the
           
             Coronation
             Oath
          
           more
           han
           once
           ,
           and
           at
           d
           
           one
           of
           his
           Coronations
           ,
           had
           the
           Confessor's
           Sword
           carried
           
           before
           him
           ,
           by
           the
           Earl
           of
           Chester
           ,
           one
           of
           the
           Earls
           Palatine
           of
           England
           ,
           for
           a
           sign
           that
           that
           Sword
           was
           not
           to
           be
           born
           in
           vain
           .
        
         
           He
           having
           trod
           in
           his
           Father's
           steps
           ,
           the
           States
           were
           likely
           to
           have
           made
           good
           their
           solemn
           *
           denunciation
           17th
           of
           his
           Reign
           ,
           of
           deposing
           him
           in
           a
           
             Common-Council
             of
             the
             whole
             Kingdom
          
           ,
           and
           creating
           a
           new
           King
           ,
           which
           as
           appears
           by
           a
           Bracton
           a
           very
           learned
           Judge
           in
           that
           Reign
           ,
           was
           no
           more
           than
           the
           then
           known
           Law
           of
           the
           Kingdom
           .
           Various
           were
           the
           events
           of
           a
           long
           Civil
           War
           ,
           in
           which
           at
           last
           the
           death
           of
           the
           great
           Darling
           of
           the
           Church
           and
           People
           ,
           
           the
           then
           Hereditary
           High
           Steward
           of
           England
           ,
           and
           the
           bravery
           of
           Henry's
           Son
           gave
           him
           the
           victory
           :
           which
           they
           who
           were
           on
           his
           side
           ,
           and
           his
           own
           experience
           of
           the
           consequence
           of
           his
           former
           Counsels
           ,
           kept
           withing
           some
           bounds
           of
           moderation
           .
           Henry
           to
           secure
           the
           Succession
           to
           his
           eldest
           Son
           Edward
           ,
           b
           had
           before
           that
           success
           ,
           caused
           many
           ,
           and
           particularly
           the
           Citizens
           of
           London
           ,
           to
           swear
           to
           his
           Son
           as
           Successor
           .
        
         
           And
           after
           that
           it
           should
           seem
           that
           a
           Parliament
           had
           made
           c
           a
           Settlement
           of
           the
           Crown
           .
           
           For
           in
           the
           55th
           of
           his
           Reign
           a
           Writ
           was
           sent
           to
           London
           ,
           the
           execution
           of
           which
           was
           return'd
           into
           the
           Parliament
           that
           year
           at
           Winchester
           ;
           and
           't
           is
           probable
           the
           like
           had
           been
           throughout
           England
           ;
           
           in
           pursuance
           of
           which
           Writ
           ,
           the
           Mayor
           ,
           Barons
           ,
           Citizens
           ,
           and
           University
           of
           the
           Commons
           ,
           swore
           Allegiance
           to
           the
           King
           ,
           after
           him
           to
           his
           eldest
           Son
           Edward
           ,
           then
           to
           his
           Son
           John
           ,
           after
           that
           to
           the
           
             right
             Heirs
             of
             the
             Crown
          
           of
           England
           :
           which
           not
           being
           to
           the
           Heirs
           of
           either
           of
           those
           Persons
           ,
           plainly
           left
           the
           Inheritance
           as
           I
           have
           shewn
           it
           was
           from
           the
           beginning
           .
        
         
           Upon
           the
           Father's
           death
           ,
           the
           d
           Clergy
           and
           Laity
           flock'd
           to
           Westminster
           ,
           where
           they
           declared
           or
           received
           for
           King
           ,
           Edward
           ,
           then
           beyond-sea
           in
           the
           
             Holy
             War
          
           ,
           so
           called
           .
           Soon
           after
           this
           ,
           as
           I
           take
           it
           ,
           a
           great
           Convention
           e
           of
           the
           States
           was
           holden
           in
           his
           name
           :
           there
           a
           Chancellor
           was
           chosen
           ,
           and
           other
           Provisions
           made
           for
           the
           Peace
           of
           the
           Kingdom
           ,
           in
           Edward's
           absence
           :
           the
           Writ
           which
           they
           issued
           out
           ,
           requiring
           the
           Subjects
           in
           general
           to
           swear
           Allegiance
           to
           E.
           
           1.
           says
           ,
           the
           Government
           
             was
             devolved
             upon
             him
             by
             Hereditary
             
             Succession
             ,
          
           a
           
             and
             the
             Will
             of
             the
             Nobility
             ,
          
           and
           the
           Fidelity
           performed
           ,
           
           or
           Allegiance
           sworn
           to
           him
           .
        
         
           Agreeably
           to
           which
           ,
           Walsingham
           says
           ,
           b
           
             they
             
               recognized
               Edward
            
             their
             
               Leige
               Lord
            
             ,
             and
             ordained
             him
             Successor
             of
             his
             Father's
             honour
             .
          
           Tho'
           he
           was
           a
           very
           gallant
           Prince
           ,
           yet
           ,
           having
           taken
           ill
           advice
           ,
           c
           being
           to
           cross
           the
           Seas
           ,
           he
           upon
           a
           Pedestal
           at
           Westminster-Hall
           Gate
           ,
           with
           the
           Archbishop
           of
           Canturbury
           ,
           and
           the
           Earl
           of
           Warwick
           by
           his
           side
           ,
           publickly
           ask'd
           forgiveness
           of
           his
           People
           ;
           d
           entreated
           'em
           to
           
             receive
             him
             again
          
           at
           his
           return
           ;
           and
           if
           he
           died
           ,
           
             to
             Crown
             his
             Son
             King
          
           :
           which
           they
           who
           were
           then
           assembled
           consented
           to
           .
        
         
           How
           much
           it
           was
           then
           known
           to
           concern
           a
           King
           to
           keep
           to
           his
           part
           of
           the
           Contract
           ,
           as
           he
           would
           have
           his
           People
           continue
           bound
           ;
           appears
           by
           two
           great
           Authorities
           in
           our
           Law
           ,
           of
           that
           time
           ,
           Fleta
           ,
           who
           ,
           as
           to
           this
           matter
           ,
           transcribes
           Bracton
           almost
           verbatim
           ;
           and
           the
           Mirrour
           e
           of
           Justices
           ;
           which
           speaks
           of
           the
           first
           Institution
           of
           Kings
           among
           us
           ,
           by
           Election
           ;
           for
           what
           End
           they
           were
           Elected
           ,
           and
           what
           they
           were
           to
           expect
           ,
           if
           they
           answered
           not
           that
           End.
           
        
         
           E.
           2.
           as
           f
           Walsingham
           informs
           us
           ,
           succeeded
           not
           so
           much
           by
           
             Hereditary
             Right
          
           ,
           
           as
           by
           the
           
             unanimous
             Assent
          
           of
           the
           Nobility
           and
           
             Great
             Men.
          
           
        
         
           He
           was
           for
           misgovernment
           ,
           formally
           depos'd
           ,
           or
           g
           
             Abdicated
             from
             the
             Regal
             Dignity
          
           ,
           as
           Walsingham
           has
           it
           ;
           and
           his
           Son
           Edward
           was
           Substituted
           ,
           or
           Elected
           ,
           in
           his
           stead
           .
        
         
           The
           Son
           indeed
           ,
           tho
           he
           had
           headed
           Forces
           against
           his
           Father
           ,
           seem'd
           to
           scruple
           accepting
           the
           Crown
           ,
           without
           his
           Fathers
           consent
           :
           And
           
             ex
             post
             Facto
          
           ,
           after
           Edw.
           2d
           .
           had
           been
           deposed
           ,
           and
           his
           Son
           Elected
           ,
           with
           a
           threat
           ,
           that
           if
           he
           refused
           ,
           they
           would
           Elect
           sombody
           else
           ;
           the
           Father
           took
           some
           comfort
           at
           the
           Election
           of
           his
           Son
           ,
           and
           ,
           as
           much
           h
           
             as
             in
             him
             lay
             ,
             consented
             .
          
        
         
           The
           Son
           it
           must
           be
           own'd
           in
           a
           Writ
           ,
           cited
           by
           Dr.
           Brady
           ,
           says
           ,
           
           his
           Father
           
             amoved
             himself
             ,
             by
             the
             assent
             of
             the
             Prelates
             ,
             Earls
             ,
          
           i
           
             Barons
             ,
             and
             other
             Nobles
             ,
             and
             also
             of
             the
             Commonal●y
             of
             the
             whole
             Kingdom
             .
          
           Which
           being
           onely
           in
           Writs
           Issued
           out
           of
           the
           Chancery
           ,
           can
           be
           of
           no
           Force
           to
           limit
           or
           explain
           that
           Act
           of
           the
           States
           :
           And
           was
           but
           a
           civility
           
           or
           complement
           from
           the
           Son
           to
           the
           Father
           .
           What
           the
           States
           judged
           in
           the
           matter
           ,
           will
           be
           very
           plain
           from
           the
           following
           account
           ,
           in
           a
           contemporary
           Author
           .
        
         
           
             King
             Edward
             remaining
             in
             Custody
             at
             Kenelworth
             ,
             a
             a
             General
             Council
             of
             the
             whole
             Clergy
             and
             People
             of
             England
             ,
             
             was
             Summon'd
             ,
             viz.
             of
             every
             City
             and
             every
             County
             and
             Borough
             ,
             
             a
             certain
             number
             of
             Persons
             ,
             to
             Treat
             and
             Ordain
             with
             the
             
               Great
               Men
            
             ,
             
             of
             the
             State
             of
             the
             King
             and
             Kingdom
             .
             
             In
             which
             Council
             ,
             at
             the
             cry
             of
             the
             
               whole
               People
               ,
               unanimously
               persevering
               in
               that
               cry
               ,
            
             that
             King
             Edward
             II.
             
               should
               be
               Deposed
               from
               the
               Throme
               of
               the
               Kingdom
            
             ;
             becuase
             from
             the
             beginning
             of
             his
             Reign
             to
             this
             day
             ,
             he
             had
             
               misbehaved
               himself
               in
               his
               Government
            
             ,
             had
             Ruled
             his
             People
             wickedly
             ;
             had
             dissipated
             Lands
             ,
             Castles
             ,
             and
             other
             things
             belonging
             to
             the
             Crown
             ;
             
               had
               ,
               by
               perverse
               Judgment
               ,
               unjustly
               adjudged
               Noblemen
               to
               Death
            
             ;
             had
             advanced
             the
             Ignoble
             ;
             and
             
               had
               done
               many
               things
               contrary
               to
               the
               Oath
               taken
               at
               his
               Coronation
            
             ;
             Walter
             
               Archbishop
               of
            
             Canterbury
             ,
             pronouncing
             Articles
             of
             this
             kind
             ,
             by
             
               assent
               and
               consent
               of
               all
            
             ,
             King
             Edward
             2.
             
               is
               wholly
               deposed
            
             ,
             and
             Edward
             his
             eldest
             Son
             b
             advanced
             to
             be
             King
             of
             England
             .
             And
             it
             is
             Ordained
             ,
             that
             from
             thenceforth
             he
             should
             not
             be
             
               called
               King
            
             ,
             but
             
               Edward
               of
            
             Karnarvan
             ,
             
               the
               King's
               Father
            
             .
             And
             immediately
             Messengers
             were
             sent
             from
             the
             Council
             to
             the
             said
             Edward
             the
             King's
             Father
             ,
             to
             notifie
             to
             him
             what
             had
             been
             done
             ,
             and
             to
             read
             to
             him
             the
             Articles
             upon
             which
             he
             had
             been
             deposed
             .
             He
             answer'd
             ,
             he
             was
             detained
             in
             custody
             ,
             nor
             could
             contradict
             their
             Ordinances
             ;
             but
             said
             ,
             he
             would
             bear
             all
             patiently
             .
          
        
         
           And
           it
           is
           observable
           ,
           that
           a
           c
           Statute
           of
           the
           Kingdom
           1
           E.
           3.
           justifies
           the
           taking
           Arms
           against
           E.
           2.
           while
           he
           was
           in
           Possession
           of
           the
           Throne
           ,
           and
           indemnifies
           all
           Persons
           for
           the
           
             pursuit
             of
             the
             said
             King
             ,
             and
             taking
             and
             withholding
             his
             body
             .
             E.
          
           3.
           who
           knew
           that
           himself
           came
           in
           by
           and
           
             election
             of
             the
             States
          
           ,
           being
           aware
           that
           if
           he
           should
           die
           before
           any
           Provision
           were
           made
           about
           the
           Succession
           ,
           the
           Controversie
           concerning
           the
           Right
           of
           Proximity
           and
           that
           of
           Representation
           would
           be
           revived
           ,
           between
           his
           eldest
           surviving
           Son
           ,
           and
           Grandson
           by
           the
           eldest
           who
           died
           in
           his
           life
           time
           ;
           obtained
           an
           Act
           of
           Parliament
           ,
           
           whereby
           a
           Richard
           ,
           his
           Grandson
           by
           his
           eldest
           and
           best
           beloved
           Son
           ,
           was
           declared
           or
           made
           ,
           
             very
             Heir
             to
             the
             Crown
          
           .
        
         
           R.
           2.
           b
           following
           the
           example
           of
           E.
           2.
           had
           the
           same
           fate
           ,
           of
           which
           the
           States
           of
           the
           Kingdom
           had
           some
           years
           before
           given
           him
           fair
           warning
           ,
           telling
           him
           c
           they
           
             had
             an
             ancient
             Statute
          
           ,
           according
           to
           which
           they
           might
           ,
           
           
             with
             the
             common
             assent
             and
             consent
             of
             the
             People
             of
             the
             Realm
             ,
             abrogats
          
           him
           ,
           and
           advance
           somebody
           
             near
             of
             kin
             of
             the
             Royal
             Stock
             .
          
        
         
           He
           not
           profiting
           by
           this
           admonition
           ,
           the
           States
           were
           some
           d
           years
           after
           put
           to
           the
           exercice
           of
           their
           authority
           ,
           and
           having
           adjudged
           that
           he
           e
           
             justly
             ought
             to
             be
             deposed
             ,
             the
          
           f
           
             whole
             States
          
           appointed
           Commissioners
           ,
           for
           giving
           the
           Sentence
           of
           Deposition
           .
           And
           a
           Record
           speaking
           of
           it
           ,
           says
           ,
           he
           was
           g
           
             deposed
             for
             his
             demerits
          
           .
           The
           Act
           of
           State
           for
           this
           ,
           says
           't
           was
           ,
           as
           h
           
             in
             like
             cases
             had
             been
             observed
             by
             the
             ancient
             custom
             of
             the
             Kingdom
             .
          
           This
           being
           done
           ,
           Henry
           Duke
           of
           Lancuster
           i
           
             as
             soon
             as
             the
             Kingdom
             was
             vacant
             ,
          
           rose
           out
           of
           his
           Seat
           ,
           
           and
           claim'd
           the
           Kingdom
           
             begin
             void
          
           .
        
         
           
             His
             claim
             was
          
           k
           al
           's
           descandit
           be
           ryght
           lyne
           of
           the
           blode
           comeynge
           fro
           the
           gude
           Lord
           Henry
           therde
           .
           
        
         
           The
           reason
           seems
           very
           plain
           ,
           why
           he
           claim'd
           from
           H.
           3.
           his
           being
           the
           last
           inheritable
           blood
           which
           he
           could
           claim
           from
           :
           not
           from
           R.
           2.
           because
           deposed
           :
           nor
           from
           E.
           3.
           because
           of
           the
           forseiture
           of
           R.
           2.
           declared
           or
           constituted
           his
           next
           Heir
           :
           not
           from
           E.
           2.
           because
           of
           his
           forfeiture
           :
           nor
           from
           E.
           1.
           becuase
           E.
           2.
           had
           been
           his
           next
           Heir
           .
        
         
           Hen.
           4ths
           Descent
           from
           H.
           3.
           was
           the
           qualification
           for
           an
           election
           .
           This
           was
           not
           ,
           as
           has
           been
           supposed
           ,
           a
           strict
           right
           of
           Succession
           ,
           l
           
             as
             he
             was
             the
             next
             Heir
             then
             appearing
             :
          
           but
           he
           entituled
           himself
           to
           a
           preference
           before
           all
           other
           Descendants
           from
           that
           Blood
           ,
           as
           being
           a
           Deliverer
           of
           the
           Nation
           from
           
             Richard's
             tyranny
          
           :
           m
           he
           having
           with
           the
           help
           of
           his
           Kinsmen
           and
           Friends
           ,
           
             recovered
             the
             Kingdom
             ,
             which
             was
             upon
             the
             point
             of
             destruction
             ,
             through
             the
             defect
             of
             Government
             ,
             and
             violation
             of
             the
             Laws
             .
          
           This
           induced
           the
           n
           
             States
             and
             all
             the
             People
             ,
             unanimously
             to
             consent
             ,
          
           that
           Henry
           should
           
           fill
           the
           vacant
           Throne
           :
           and
           they
           a
           appointed
           all
           the
           Ceremonies
           of
           his
           Coronation
           .
           But
           as
           far
           as
           proximity
           to
           the
           last
           King
           could
           infer
           a
           right
           ,
           he
           being
           Grandson
           to
           E.
           3.
           had
           it
           before
           Mortimer
           descended
           from
           Lionel
           Duke
           of
           Clarence
           ,
           under
           whom
           the
           Family
           of
           York
           claim'd
           :
           besides
           ,
           that
           H.
           4.
           was
           undoubtedly
           the
           first
           on
           the
           Male
           line
           .
           Tho'
           no
           b
           Lay-man
           of
           knowledge
           and
           integrity
           ,
           can
           be
           thought
           at
           that
           time
           to
           have
           questioned
           those
           grounds
           upon
           which
           H.
           4.
           was
           declared
           King
           ;
           yet
           since
           't
           is
           hardly
           possible
           that
           there
           should
           be
           any
           Government
           ,
           which
           some
           will
           not
           be
           desirous
           to
           shake
           off
           ,
           as
           the
           Jews
           did
           the
           Theocrasy
           ;
           it
           can
           be
           no
           wonder
           that
           some
           would
           colour
           their
           ambition
           or
           malice
           ,
           under
           pretence
           of
           love
           to
           justice
           ;
           and
           that
           they
           should
           object
           want
           of
           right
           to
           disturb
           the
           most
           just
           and
           equal
           Government
           .
           What
           was
           at
           the
           bottom
           of
           objections
           against
           H.
           4ths
           Title
           ,
           will
           appear
           by
           the
           case
           of
           a
           true
           Head
           of
           the
           Church
           Militant
           ,
           Merk
           ,
           or
           Mark
           ,
           Bishop
           of
           Carlile
           ;
           who
           not
           being
           able
           ,
           as
           a
           Divine
           ,
           to
           make
           good
           his
           Argument
           against
           the
           receiving
           H.
           4th
           .
           for
           King
           ;
           was
           resolved
           to
           justifie
           it
           by
           dint
           of
           Sword
           ,
           after
           he
           was
           made
           King.
           
        
         
           For
           in
           c
           second
           of
           H.
           4.
           he
           was
           indicted
           ,
           and
           tryed
           by
           a
           common
           Jury
           upon
           a
           special
           Commission
           ,
           
           for
           that
           he
           and
           other
           his
           Accomplices
           ,
           among
           which
           there
           were
           two
           bigotted
           Knights
           ,
           Blunt
           and
           Sely
           ,
           were
           d
           
             leagued
             and
             confederated
             together
             with
             the
             Adversary
             and
             Enemy
             of
          
           England
           ,
           
             the
             French
             ,
             and
             thier
             Adherents
             ;
             traiterously
             to
             bring
             the
             said
             Adversary
             into
             the
             Land
             of
          
           England
           ,
           
             with
             intention
             to
             destroy
             the
             King
             ,
             and
             all
             his
             Leige
             People
             of
             the
             Kingdom
             ,
             and
             to
             new
             plant
             the
             Kingdom
             of
          
           England
           
             with
             our
             enemies
             of
          
           France
           :
           that
           they
           in
           an
           hostile
           manner
           went
           up
           and
           down
           ,
           making
           great
           destruction
           and
           slaughter
           ;
           and
           
             without
             any
             Authority
             ,
             assuming
             to
             themselves
             .
             Royal
             Power
             ,
          
           proclaim'd
           e
           Richard
           to
           be
           King
           ,
           and
           that
           they
           would
           not
           suffer
           Henry
           to
           be
           
             their
             Lord
             ,
             or
             King.
          
           
        
         
           To
           this
           Indictment
           the
           Bishop
           pleaded
           Church-Priviledge
           ,
           as
           an
           f
           
             anointed
             Bishop
          
           ,
           which
           the
           Court
           over-ruled
           :
           the
           the
           reason
           for
           which
           is
           very
           remarkable
           ;
           
             because
             the
             matters
             contained
             in
             the
             said
             Indictment
             ,
             concern
             the
             death
             of
             our
             Lord
             the
             King
             ,
             and
             the
             destruction
             of
             the
             
             whole
             Kingdom
             of
             England
             ;
             and
             consequently
             the
             a
             
               manifest
               depression
               of
               the
               Church
               of
            
             England
             ,
             
               by
               which
               he
               claims
               to
               be
               priviledged
               :
            
             all
             which
             is
             high
             ,
             and
             the
             greatest
             Treason
             ,
             and
             the
             Crime
             of
             
               laesa
               Majestas
            
             :
             nor
             ought
             any
             man
             of
             right
             to
             pray
             in
             aid
             of
             the
             Law
             ,
             or
             to
             have
             it
             ,
             who
             commits
             such
             a
             Crime
             ,
             or
             intends
             to
             commit
             it
             ,
             &c.
             
          
        
         
           His
           plea
           being
           thus
           over-ruled
           ,
           the
           Bishop
           pleaded
           not
           guilty
           :
           but
           being
           convicted
           of
           the
           horrid
           matter
           contained
           in
           the
           Indictment
           ;
           it
           seems
           he
           did
           not
           think
           this
           a
           fit
           cause
           to
           die
           for
           ;
           and
           whether
           he
           merited
           a
           Pardon
           or
           no
           ,
           by
           sincere
           Repentance
           ,
           at
           least
           obtained
           one
           :
           in
           which
           it
           is
           observable
           ,
           that
           he
           is
           called
           b
           the
           
             late
             Bishop
          
           :
           for
           this
           restitution
           to
           
             the
             Peace
          
           ,
           did
           not
           restore
           his
           Ecclesiastical
           Dignity
           .
        
         
           He
           ,
           who
           is
           still
           called
           the
           
             late
             Bishop
          
           ,
           having
           a
           pardon
           sent
           him
           ,
           petitioned
           to
           be
           delivered
           out
           of
           Prison
           :
           which
           was
           granted
           upon
           his
           finding
           Sureties
           for
           his
           
             good
             behaviour
          
           :
           and
           four
           undertook
           ,
           that
           he
           c
           should
           for
           the
           future
           behave
           himself
           well
           ,
           towards
           the
           King
           ,
           and
           his
           People
           .
        
         
           Thus
           the
           fear
           of
           death
           reformed
           this
           stiff
           Prelate
           ;
           and
           made
           him
           engage
           to
           sit
           quietly
           under
           a
           Government
           ,
           which
           none
           but
           the
           Enemies
           to
           England
           ,
           and
           their
           Adherents
           ,
           endeavoured
           to
           subvert
           .
           Still
           some
           were
           found
           calling
           themselves
           Englishmen
           ,
           who
           ,
           for
           the
           like
           ends
           ,
           with
           Merk
           ,
           would
           do
           their
           utmost
           to
           blemish
           H.
           4ths
           Title
           :
           this
           occasioned
           
             Oaths
             of
             Recognition
          
           ,
           thrice
           repeated
           5o.
           d
           of
           his
           Reign
           :
           first
           at
           a
           Council
           of
           Worcester
           ,
           then
           at
           a
           
             Great
             Council
          
           at
           Westminster
           ,
           and
           after
           that
           in
           a
           
             full
             Parliament
          
           ;
           where
           the
           two
           former
           recognitions
           ,
           
           which
           were
           
             voluntary
             Associations
          
           ,
           
           were
           affirmed
           ;
           e
           tho'
           as
           is
           there
           said
           ,
           there
           was
           no
           need
           of
           it
           .
        
         
           By
           those
           Oaths
           ,
           they
           acknowledged
           the
           then
           King
           
             to
             be
             their
             
               Sovereign
               Leige
               Lord
            
             ,
             to
             obey
             him
             as
             their
             King
             ;
          
           and
           acknowledge
           the
           Prince
           his
           eldest
           Son
           as
           
             Heir
             apparent
             ,
             and
             inheritable
             to
             the
             Crown
             of
          
           England
           ,
           
             to
             him
             and
             the
             Heirs
             of
             his
             Body
             .
          
           And
           for
           default
           of
           such
           Issue
           to
           his
           Brothers
           and
           their
           Issue
           successively
           ,
           and
           f
           hereditably
           ;
           according
           
           to
           the
           Law
           of
           
             England
             ,
             to
          
           a
           
             live
             and
             die
             against
             all
             People
             in
             the
             World.
             
          
        
         
           The
           perjury
           of
           some
           ,
           and
           the
           doubts
           rais'd
           by
           others
           ,
           upon
           some
           of
           the
           expressions
           in
           the
           Act
           ,
           5
           H.
           4.
           occasioned
           an
           other
           b
           7o.
           
             which
             ,
             by
             
               the
               Counsel
            
             and
             Assent
             ,
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             
             to
             wit
             ,
             the
             
               Prelates
               ,
               Great
               Men
               ,
               Peers
               ,
            
             and
             Clergy
             ,
             and
             also
             at
             the
             earnest
             Petition
             of
             the
             Commons
             ,
             and
             by
             
               Authority
               of
               the
               said
               Parliament
            
             ,
             declares
             ,
             that
             the
             King
             's
             eldest
             Son
             ,
          
           c
           shall
           be
           ,
           and
           is
           ,
           and
           ought
           hereafter
           ,
           and
           
             now
             to
             be
             ,
             true
             lawful
             and
             undoubted
             Heir
             and
             Universal
             Successor
             to
             the
             Crown
             ,
          
           
           and
           Kingdoms
           of
           England
           ,
           and
           France
           ,
           and
           all
           the
           King's
           Dominions
           ,
           whatsoever
           and
           wheresoever
           beyond
           the
           Sea
           ;
           and
           also
           has
           right
           of
           universally
           succeeding
           the
           King
           ,
           in
           the
           said
           Crown
           ,
           Kingdoms
           ,
           and
           Dominions
           .
           To
           have
           to
           him
           and
           the
           
             Heirs
             Male
          
           of
           his
           Body
           ,
           and
           in
           default
           of
           such
           Issue
           so
           in
           remainder
           to
           his
           Brothers
           .
        
         
           In
           an
           other
           Charter
           pass'd
           in
           that
           Parliament
           ,
           the
           d
           
             Inheritance
             or
             Hereditation
          
           of
           the
           Crown
           is
           entail'd
           upon
           the
           King
           ,
           
           and
           the
           
             Heirs
             Male
          
           of
           his
           Body
           ,
           then
           to
           his
           four
           Sons
           ,
           and
           the
           Heirs
           Male
           of
           their
           Bodies
           successively
           .
        
         
           It
           seems
           the
           e
           next
           year
           some
           doubts
           arose
           upon
           these
           different
           Settlements
           ,
           
           that
           5o.
           then
           remaining
           upon
           Record
           :
           therefore
           they
           cancel
           and
           make
           void
           the
           Letters
           Patent
           of
           the
           Entail
           5o.
           and
           change
           ,
           and
           amend
           that
           Settlement
           ,
           which
           they
           seem
           to
           have
           thought
           defective
           .
        
         
           1.
           
           In
           only
           declaring
           the
           Prince
           
             Heir
             Apparent
          
           ,
           and
           
             Inheritable
             to
             the
             Crown
          
           ;
           which
           was
           no
           more
           than
           to
           declare
           him
           ,
           before
           others
           ,
           qualified
           to
           succeed
           ,
           if
           the
           States
           should
           Elect
           him
           .
        
         
           2.
           
           In
           declaring
           him
           Inheritable
           only
           to
           the
           Crown
           of
           England
           ,
           without
           mentioning
           a
           its
           appurtenances
           ;
           seeming
           to
           think
           ,
           
           that
           in
           Grants
           of
           this
           Nature
           ,
           nothing
           would
           pass
           by
           implication
           .
           
        
         
           But
           to
           prevent
           all
           ambiguities
           ,
           they
           being
           ,
           as
           is
           said
           in
           that
           Record
           ,
           met
           in
           a
           Parliament
           b
           
             according
             to
             the
             Custom
             
             of
             the
             Kingdom
             ,
          
           for
           divers
           Matters
           and
           Things
           concerning
           the
           King
           and
           his
           Kingdom
           :
           The
           King
           ,
           with
           common
           Consent
           of
           the
           Kingdom
           ,
           Enacts
           ,
           That
           a
           new
           Patent
           be
           Sealed
           ,
           constituting
           Prince
           
             Henry
             Heir
          
           c
           
             Apparent
             ,
             to
             succeed
             the
             King
             in
             his
             Crown
             ,
             Realms
             ,
             and
             Dominions
             ,
             to
             have
             them
             ,
             with
             all
             their
             appurtenances
             ,
          
           after
           the
           King's
           Decease
           ,
           to
           him
           and
           the
           Heirs
           of
           his
           Body
           ;
           and
           so
           in
           remainder
           to
           his
           three
           Brothers
           successively
           :
           whereby
           they
           had
           a
           larger
           Estate
           than
           by
           the
           Entail
           7º
           which
           was
           to
           
             Heirs
             Male.
          
           
        
         
           Thus
           ,
           by
           Virtue
           of
           one
           or
           more
           Settlements
           ,
           
             by
             Authority
             of
             Parliament
             ,
             H.
          
           5.
           succeeded
           ,
           and
           yet
           it
           was
           thought
           a
           great
           instance
           of
           the
           confidence
           
             the
             States
          
           had
           in
           him
           ,
           that
           in
           a
           Convention
           ,
           or
           Assembly
           ,
           holden
           according
           to
           Ancient
           Custom
           ,
           in
           which
           they
           treated
           about
           d
           
             creating
             a
             new
             King
          
           ,
           some
           of
           the
           Nobility
           immediately
           Swore
           Allegiance
           to
           him
           ,
           
           before
           he
           had
           been
           
             declared
             King.
          
           
        
         
           But
           it
           is
           to
           be
           observed
           ,
           that
           whereas
           his
           Father
           died
           the
           e
           20th
           of
           March
           ,
           he
           is
           said
           to
           be
           created
           King
           on
           the
           f
           5th
           of
           April
           ;
           
           Death
           cutting
           off
           the
           course
           of
           his
           Glories
           ,
           his
           Infant
           Son
           ,
           H.
           6.
           came
           in
           under
           the
           
             Parliamentary
             Entail
          
           ,
           but
           the
           Administration
           was
           held
           to
           have
           fallen
           upon
           the
           States
           ,
           g
           who
           ,
           accordingly
           ,
           after
           having
           declared
           H.
           6.
           
           King
           ,
           in
           full
           Parliament
           ,
           pass'd
           a
           Patent
           ,
           constituting
           
             Humfry
             Duke
             of
          
           Gloster
           Protecter
           of
           the
           Realm
           ,
           
             John
             Duke
             of
          
           Bedford
           
             Regent
             of
          
           France
           ,
           and
           
             Henry
             Beaufort
          
           Bishop
           of
           Winchester
           ,
           and
           
             Thomas
             Beaufort
          
           Duke
           of
           
             Exeter
             ,
             Governors
             of
             the
             young
             Prince
             .
          
        
         
           The
           Death
           of
           the
           brave
           Duke
           of
           Bedford
           ,
           occasioned
           not
           only
           the
           loss
           of
           France
           ,
           but
           the
           raising
           the
           Family
           of
           York
           to
           a
           pretence
           ,
           which
           in
           all
           probability
           had
           been
           buried
           to
           this
           day
           ,
           had
           not
           H.
           6ths
           treacherous
           Ministers
           put
           him
           upon
           making
           
             Richard
             Duke
             of
          
           York
           h
           
             Regent
             of
             France
          
           ,
           after
           being
           
             High
             Constable
             of
          
           England
           ,
           and
           Lieutenant
           of
           Ireland
           .
        
         
           With
           these
           advantages
           ,
           Duke
           Richard
           set
           up
           under
           a
           Mask
           of
           Popularity
           ,
           as
           if
           he
           only
           sought
           redress
           of
           grievances
           ,
           while
           himself
           was
           the
           only
           National
           Calamity
           .
           As
           nothing
           but
           success
           could
           give
           him
           any
           colour
           of
           Title
           ,
           he
           was
           forced
           to
           conceal
           his
           Ambition
           even
           from
           his
           own
           
           Party
           ,
           till
           26
           H.
           6
           yet
           after
           a
           that
           ,
           acknowledged
           ,
           and
           swore
           to
           H.
           6ths
           Right
           ,
           
           and
           confirm'd
           it
           with
           the
           Sacrament
           ;
           which
           Solemnities
           were
           to
           be
           subservient
           to
           his
           imaginary
           
             Divine
             Right
          
           .
           
           Tho'
           by
           his
           Frauds
           and
           Perjuries
           ,
           he
           often
           came
           within
           the
           prospect
           of
           a
           Crown
           ,
           b
           38
           H.
           6.
           he
           was
           deservedly
           
             Attainted
             of
             High-Treason
          
           ,
           and
           an
           Association
           ,
           with
           an
           Oath
           ,
           was
           voluntarily
           enter'd
           into
           by
           the
           Lords
           ;
           wherein
           every
           one
           severally
           acknowledges
           H.
           6.
           to
           be
           his
           
             most
             redoubted
             Lord
          
           ,
           and
           rightwish
           ,
           or
           
             Rightful
             ,
             by
             Succession
             born
             to
             Reign
             over
             him
             ,
             and
             all
             the
             Kings
          
           Liege
           People
           ;
           that
           he
           will
           do
           
             his
             utmost
          
           for
           the
           We
           le
           ,
           and
           surety
           
             of
             the
             King's
             Person
             ,
             of
             his
             most
             Royal
             Estats
             ,
             and
             the
             very
             conservation
             and
             continuance
             of
             his
             most
             high
             Authority
             ,
             Preheminence
             ,
             and
             Prerogative
             ,
          
           and
           for
           the
           preservation
           of
           the
           Queen
           ,
           and
           of
           Prince
           Edward
           
             his
             Right
             redoubted
             Lord
             the
             Prince
          
           ;
           that
           after
           the
           King's
           Death
           ,
           he
           will
           
             take
             and
             accept
             the
             Prince
             for
             his
             Sovereign
             Lord
             ,
          
           and
           after
           him
           the
           Issue
           of
           his
           Body
           lawfully
           begotten
           ;
           for
           want
           of
           such
           Issue
           ,
           any
           other
           Issue
           of
           the
           Body
           of
           the
           King
           ;
           that
           he
           will
           never
           give
           
             Aid
             ,
             Assistance
             ,
             or
             Favour
             ,
             to
             any
             thing
             contrary
             to
             the
             premises
          
           ;
           and
           that
           he
           will
           put
           himself
           in
           his
           due
           undelayed
           devoir
           ,
           with
           his
           
             Body
             ,
             Goods
             ,
             Might
             ,
             Power
             ,
             Counsel
             ,
             and
             Advertisement
             ,
             to
             resist
             ,
             withstand
             ,
             and
             subdue
             ,
             all
             that
             should
             presume
             to
             do
             contrary
             to
             the
             premises
             ,
             or
             any
             of
             them
             .
          
        
         
           This
           Association
           ,
           not
           being
           General
           throughout
           the
           Kingdom
           ,
           had
           no
           great
           effect
           ;
           not
           so
           much
           from
           any
           belief
           the
           Nation
           had
           of
           Richard's
           being
           injured
           ,
           as
           from
           the
           burdens
           a
           
             Treacherous
             Ministry
          
           induced
           a
           weak
           Prince
           to
           lay
           upon
           the
           Subjects
           :
           This
           made
           the
           Commons
           of
           Kent
           invite
           over
           ,
           from
           abroad
           ,
           the
           Duke
           and
           his
           Party
           ,
           who
           had
           fled
           from
           Justice
           ;
           then
           the
           Tide
           turn'd
           ,
           and
           the
           King
           became
           wholly
           in
           the
           power
           of
           the
           Duke
           of
           York
           ,
           under
           whose
           awe
           and
           influence
           a
           Parliament
           was
           call'd
           ,
           where
           he
           laid
           claim
           to
           the
           Crown
           ,
           with
           circumstances
           ,
           which
           one
           would
           think
           ,
           were
           enough
           to
           give
           any
           Man
           a
           face
           of
           Title
           :
           and
           yet
           his
           pretended
           
             Divine
             Right
          
           ,
           countenanc'd
           by
           Providence
           ,
           was
           mightily
           qualify'd
           by
           the
           courage
           of
           the
           Parliament
           ,
           and
           their
           regard
           to
           the
           
             Constitution
             of
             this
             Monarchy
          
           .
        
         
         
           His
           claim
           was
           a
           as
           Son
           to
           Ann
           ,
           Daughter
           to
           
             Roger
             Mortimer
          
           ,
           
           Son
           and
           Heir
           to
           Philippa
           ,
           Daughter
           and
           Heir
           to
           
             Lionel
             Duke
             of
             Clarence
          
           ,
           third
           Son
           to
           E.
           3.
           whereas
           H.
           6.
           descended
           from
           
             John
             of
             Gaunt
          
           ,
           the
           4th
           and
           eldest
           surviving
           Son.
           After
           Debate
           among
           the
           b
           Lords
           upon
           this
           matter
           ,
           these
           Objections
           were
           agreed
           upon
           against
           Richard's
           pretence
           of
           Title
           .
        
         
           1.
           
           The
           Oaths
           they
           had
           taken
           
             to
             the
             King
             their
             Sovereign
             Lord.
             
          
        
         
           2.
           
           
             Acts
             of
             Parliament
          
           made
           in
           
             divers
             Parliaments
          
           of
           the
           King's
           Progenitors
           ,
           
             of
             Authority
             sufficient
          
           to
           defeat
           any
           manner
           of
           Title
           to
           be
           made
           to
           any
           Person
           .
        
         
           3.
           
           Several
           Entails
           made
           to
           
             Heirs
             Male.
          
           
        
         
           4.
           
           That
           Richard
           did
           not
           bear
           Lionel's
           Arms.
           
        
         
           5.
           
           That
           H.
           4.
           took
           upon
           him
           the
           Crown
           ,
           not
           as
           Conqueror
           ,
           but
           
             right
             Inheritor
          
           to
           H
           3.
           
        
         
           All
           that
           is
           urged
           materially
           against
           this
           for
           Richard
           ,
           is
           ,
        
         
           1.
           
           That
           Oaths
           do
           not
           bind
           against
           
             God's
             Law
          
           ;
           and
           that
           requires
           
             Truth
             and
             Justice
          
           to
           be
           maintain'd
           :
           but
           this
           being
           a
           
             Spiritual
             matter
          
           ,
           he
           refers
           to
           any
           Judge
           Spiritual
           .
        
         
           2.
           
           That
           there
           was
           but
           
             one
             Entail
          
           of
           the
           Crown
           ,
           7
           H.
           4.
           but
           that
           this
           was
           void
           against
           
             the
             right
             Inheritor
          
           of
           the
           Crown
           according
           to
           
             God's
             law
          
           ,
           and
           all
           
             Natural
             laws
          
           .
        
         
           3.
           
           It
           could
           be
           justify'd
           by
           Record
           ,
           that
           H.
           4ths
           saying
           was
           not
           true
           .
        
         
           Upon
           which
           't
           is
           observable
           ,
        
         
           1.
           
           That
           Richard's
           answer
           goes
           upon
           a
           manifest
           begging
           the
           Question
           ,
           and
           supposing
           ,
           that
           he
           had
           a
           Right
           which
           could
           not
           be
           barred
           by
           
             Act
             of
             Parliament
          
           .
        
         
           2.
           
           That
           the
           Lords
           having
           mentioned
           
             several
             Entails
          
           upon
           
             Heirs
             Male
          
           ;
           we
           are
           to
           believe
           that
           there
           was
           then
           upon
           Record
           ,
           the
           Entail
           upon
           Heirs
           Male
           in
           the
           time
           of
           E.
           3.
           pleaded
           by
           c
           Judge
           Fortescue
           in
           defence
           of
           the
           Title
           of
           his
           King
           H.
           6.
           
           This
           we
           are
           the
           rather
           to
           believe
           ,
           because
           there
           was
           but
           one
           Entail
           upon
           
             Heirs
             male
          
           in
           H.
           4ths
           reign
           :
           nor
           is
           Richard's
           denial
           any
           argument
           against
           this
           ,
           it
           appearing
           that
           he
           thought
           it
           sufficient
           for
           him
           to
           affirm
           any
           thing
           ;
           and
           this
           was
           to
           pass
           for
           Truth
           and
           Law.
           Thus
           he
           denies
           ,
           that
           there
           had
           been
           any
           Entail
           but
           7º
           H.
           4.
           forgetting
           that
           which
           had
           been
           made
           5º
           and
           was
           amended
           8
           H.
           4.
           
           and
           so
           very
           much
           did
           he
           mistake
           ,
           that
           he
           supposed
           the
           Entail
           7º
           to
           be
           upon
           the
           b
           
             Heirs
             of
             the
             Body
          
           ,
           when
           it
           was
           upon
           
             Heirs
             male
             of
             the
             Body
          
           .
           
        
         
           3.
           
           What
           the
           Lords
           say
           of
           Richard's
           not
           bearing
           Lionel's
           Arms
           ,
           confirms
           another
           objection
           against
           him
           made
           by
           Judge
           Fortescue
           ,
           from
           the
           Barstardy
           of
           Philippa
           ,
           born
           while
           Lionel
           was
           beyond
           the
           four
           Seas
           ;
           and
           never
           own'd
           by
           him
           ;
           nor
           did
           she
           ,
           or
           her
           descendants
           ,
           till
           the
           time
           of
           this
           claim
           ,
           bear
           the
           Arms
           of
           that
           Family
           .
        
         
           4.
           
           Richard's
           Right
           of
           Descent
           ,
           admitting
           there
           had
           been
           no
           Illegitimacy
           ,
           is
           laid
           as
           a
           Right
           in
           Nature
           :
           but
           either
           this
           must
           be
           as
           the
           Laws
           of
           the
           Land
           guide
           the
           course
           of
           Nature
           ,
           or
           ,
           otherwise
           ,
           we
           must
           go
           back
           in
           search
           of
           this
           Right
           ,
           if
           not
           as
           far
           as
           Adam
           ,
           yet
           to
           some
           descendant
           from
           the
           eldest
           House
           of
           the
           
             Saxon
             Royal
             Family
          
           :
           to
           such
           ,
           at
           least
           ,
           as
           could
           derive
           their
           Pedigree
           from
           some
           House
           elder
           than
           King
           Alfred's
           ;
           which
           may
           be
           done
           at
           this
           day
           .
           Besides
           ,
           if
           we
           should
           look
           back
           to
           a
           Right
           in
           Nature
           ,
           all
           the
           Kings
           ,
           descendants
           from
           H.
           2.
           from
           whom
           Duke
           Richard
           came
           as
           well
           as
           H.
           6.
           must
           have
           been
           Usurpers
           ;
           H.
           2ds
           Children
           having
           being
           begotten
           on
           c
           another
           Man's
           Wife
           ,
           who
           had
           been
           Divorced
           for
           her
           Adultery
           ;
           and
           therefore
           by
           God's
           Law
           could
           not
           Marry
           again
           :
           nor
           does
           it
           appear
           ,
           that
           the
           Divorce
           was
           from
           the
           Contract
           .
           
           Or
           ,
           if
           this
           Matter
           should
           admit
           of
           Debate
           ,
           such
           of
           our
           Kings
           as
           descended
           from
           an
           other
           common
           Ancestor
           ,
           
             King
             John
          
           ,
           must
           have
           been
           Usurpers
           ;
           not
           only
           by
           reasonof
           John's
           suppos'd
           Usurpation
           upon
           Arthur
           of
           Brittain
           ,
           and
           his
           Sister
           ;
           but
           in
           that
           his
           Children
           were
           begotten
           on
           d
           an
           other
           Man's
           Wife
           ,
           who
           does
           not
           seem
           ever
           to
           have
           been
           divorced
           :
           and
           besides
           ,
           according
           to
           the
           Law
           of
           Nature
           it
           would
           seem
           ,
           that
           John
           had
           a
           former
           Wife
           in
           being
           .
           For
           he
           was
           divorced
           from
           her
           only
           for
           their
           being
           third
           Cousins
           ,
           as
           H.
           2
           ds
           .
           Wife
           was
           from
           her
           first
           Husband
           ,
           as
           they
           were
           Cousins
           in
           the
           4
           th
           Degree
           .
           If
           the
           first
           Marriages
           in
           both
           cases
           were
           void
           ,
           or
           voidable
           ,
           it
           could
           have
           been
           only
           by
           the
           Laws
           of
           the
           Romish
           Church
           ;
           but
           if
           those
           Laws
           shall
           make
           a
           natural
           right
           ,
           by
           governing
           the
           course
           of
           descents
           ,
           much
           more
           shall
           the
           Laws
           of
           particular
           Countries
           .
           If
           ,
           by
           the
           
             Law
             of
             Nature
          
           ,
           Duke
           Richard
           meant
           that
           which
           
           the
           
             consent
             of
             Nations
          
           has
           made
           to
           pass
           for
           the
           dictates
           of
           nature
           ;
           according
           to
           a
           Cujacius
           ,
           this
           Law
           of
           Nature
           is
           for
           the
           right
           of
           Proximity
           ,
           which
           John
           of
           Gaunt
           ,
           from
           whom
           H.
           6.
           descended
           ,
           had
           to
           his
           Father
           before
           R.
           2.
           and
           H.
           4
           John
           of
           Gaunt's
           Son
           ,
           had
           before
           the
           Son
           of
           Lionel's
           Daughter
           ,
           supposing
           her
           legitimate
           .
           And
           by
           that
           Law
           it
           should
           seem
           ,
           that
           Males
           are
           ordinarily
           to
           be
           preferred
           before
           Females
           ;
           tho'
           their
           Vertues
           have
           often
           rais'd
           'em
           to
           Empire
           .
        
         
           Farther
           yet
           ,
           if
           by
           this
           he
           meant
           the
           Law
           of
           
             reasonable
             nature
          
           ;
           what
           shadow
           of
           reason
           can
           be
           assigned
           ,
           why
           b
           the
           eldest
           Issue
           of
           a
           King
           's
           eldest
           Child
           ,
           whether
           that
           Issue
           be
           an
           Infant
           ,
           
           or
           void
           of
           understanding
           ,
           or
           humanity
           ,
           ought
           universally
           ,
           to
           succeed
           to
           Crowns
           ,
           before
           the
           King
           's
           eldest
           surviving
           Son
           ;
           whatever
           be
           his
           Merits
           ,
           or
           the
           exigencies
           of
           the
           Publick
           ?
           And
           why
           should
           not
           a
           moral
           incapacity
           in
           this
           sense
           be
           a
           natural
           one
           ?
        
         
           But
           if
           the
           
             Great
             Lawyer
             Fortescue
          
           ;
           
           who
           ,
           as
           may
           be
           seen
           by
           the
           Rolls
           of
           the
           
             King's
             Bench
          
           ,
           was
           
             Chief
             Justice
          
           there
           from
           before
           Richard
           pretended
           to
           the
           Crown
           ,
           and
           to
           the
           end
           of
           H.
           6
           ths
           Reign
           ,
           may
           be
           allowed
           to
           speak
           the
           Sense
           of
           the
           Learned
           in
           that
           Time
           ;
           
           they
           held
           the
           Power
           of
           the
           Prince
           c
           to
           flow
           ,
           or
           be
           derived
           ,
           from
           the
           People
           :
           according
           to
           which
           ,
           it
           must
           have
           been
           taken
           to
           be
           more
           according
           to
           natural
           right
           ,
           that
           the
           People
           ,
           who
           appointed
           the
           Succession
           in
           any
           Family
           ,
           
           should
           govern
           and
           vary
           it
           ,
           as
           they
           saw
           occasion
           ;
           than
           that
           from
           their
           pitching
           upon
           a
           Person
           ,
           or
           Family
           ,
           they
           should
           be
           for
           ever
           debarred
           from
           doing
           justice
           to
           the
           demerits
           of
           one
           ,
           and
           to
           the
           merits
           of
           another
           ,
           in
           that
           very
           Family
           .
        
         
           I
           am
           sure
           the
           learned
           Grotius
           ,
           who
           distinguishes
           d
           
             lineal
             Succession
          
           from
           Hereditary
           ,
           says
           ,
           e
           
             an
             Hereditary
             Kingdom
             is
             one
             which
             was
             made
             so
             by
             the
             Peoples
             free
             consent
             .
          
           And
           in
           such
           Kingdoms
           he
           supposes
           several
           Rules
           of
           Succession
           ,
           by
           guessing
           at
           ,
           
           or
           presuming
           ,
           
             the
             will
             of
             the
             People
          
           .
        
         
           If
           
             Duke
             Richard
          
           would
           have
           admitted
           the
           Law
           of
           the
           Land
           ,
           to
           govern
           the
           course
           of
           Descents
           and
           Successions
           to
           the
           Crown
           ;
           then
           't
           is
           evident
           beyond
           contradiction
           ,
           that
           H.
           6.
           came
           in
           by
           a
           legal
           and
           natural
           course
           of
           Descent
           :
           and
           ,
           however
           ,
           according
           to
           laudable
           custom
           from
           the
           
           beginning
           of
           this
           Monarchy
           ,
           Acts
           of
           Parliament
           may
           alter
           that
           course
           .
        
         
           However
           ,
           the
           timerous
           a
           Lords
           ,
           without
           concurrence
           in
           that
           matter
           of
           the
           stouter
           Commons
           ,
           
           agreed
           ,
           that
           the
           Duke's
           Title
           could
           not
           be
           defeated
           :
           and
           yet
           thought
           not
           themselves
           discharged
           from
           their
           Oaths
           to
           H.
           6.
           unless
           he
           would
           consent
           to
           the
           mean
           ,
           or
           expedient
           ,
           they
           found
           out
           :
           which
           was
           ,
           
           for
           the
           King
           to
           keep
           
             his
             Estate
             and
             Dignity
             Royal
             during
             his
             life
             ,
             and
             the
             Duke
             and
             his
             Heirs
             to
             succeed
             him
             in
             the
             same
             .
          
        
         
           To
           this
           both
           the
           King
           and
           Duke
           consented
           :
           
           but
           neither
           the
           King
           's
           Right
           to
           the
           Possession
           ,
           nor
           the
           Duke
           's
           to
           the
           reversion
           ,
           arose
           from
           their
           private
           agreement
           ,
           but
           from
           the
           b
           
             Authority
             of
             Parliament
          
           ;
           according
           to
           which
           ,
           the
           King
           had
           as
           much
           right
           c
           to
           the
           Possession
           ,
           as
           the
           Duke
           to
           the
           reversion
           .
        
         
           And
           it
           remains
           as
           the
           judgment
           even
           of
           that
           Parliament
           ,
           whatever
           force
           or
           awe
           were
           over
           it
           ,
           
           that
           
             Richard
             Duke
          
           of
           York
           had
           no
           right
           to
           the
           Possession
           ;
           and
           neither
           was
           King
           ,
           nor
           of
           right
           ought
           to
           be
           King
           ,
           till
           H.
           6.
           should
           die
           ,
           or
           
             cease
             to
             be
             King.
          
           
        
         
           Nay
           even
           E.
           4
           ths
           Judges
           owned
           ,
           that
           H.
           6.
           was
           not
           a
           
             meer
             Usurper
          
           ,
           d
           because
           the
           Crown
           was
           entailed
           to
           him
           by
           Parliament
           .
        
         
           As
           a
           just
           judgment
           upon
           Richard's
           pretence
           of
           Title
           ,
           
           contrary
           not
           only
           to
           the
           National
           ,
           but
           Divine
           Authority
           ,
           giving
           sanction
           to
           the
           Laws
           of
           the
           Kingdom
           ,
           and
           his
           own
           Oaths
           ;
           he
           died
           within
           sight
           of
           the
           
             Promised
             Land.
          
           
        
         
           But
           e
           soon
           after
           his
           death
           ,
           his
           Son
           Edward
           having
           less
           to
           answer
           for
           ,
           and
           success
           to
           recommend
           him
           to
           the
           People
           ;
           upon
           more
           specious
           pretences
           ,
           succeeded
           H.
           6.
           by
           a
           manifest
           election
           .
        
         
           Tho'
           he
           and
           his
           Father
           had
           ,
           upon
           the
           agreement
           established
           in
           Parliament
           ,
           sworn
           to
           be
           true
           to
           H.
           6.
           during
           his
           life
           ,
           or
           till
           he
           should
           freely
           quit
           his
           Crown
           ;
           the
           dread
           of
           
           
           their
           Arms
           got
           a
           liberty
           for
           'em
           to
           enter
           their
           protestations
           ,
           that
           this
           was
           upon
           the
           express
           condition
           ,
           that
           the
           King
           performed
           his
           part
           :
           but
           if
           he
           should
           compass
           or
           imagine
           the
           death
           or
           destruction
           of
           the
           Duke
           ,
           or
           his
           Blood
           ,
           should
           forfeit
           the
           Crown
           .
           And
           indeed
           it
           seems
           that
           the
           first
           acts
           of
           Hostility
           after
           this
           agreement
           were
           committed
           by
           the
           Queen
           ,
           and
           others
           of
           the
           King's
           Party
           ;
           who
           in
           attempting
           to
           rescue
           him
           out
           of
           the
           custody
           of
           the
           Duke
           of
           York
           ,
           put
           an
           end
           to
           his
           pretensions
           with
           his
           life
           .
           But
           his
           Son
           Edward
           a
           having
           routed
           the
           Earl
           of
           Pembroke
           and
           other
           the
           King
           's
           Loyal
           Subjects
           ,
           in
           a
           Battle
           near
           Ludlow
           ,
           march'd
           up
           to
           London
           ,
           where
           he
           was
           received
           with
           joy
           on
           the
           28
           th
           of
           February
           .
           Then
           he
           calls
           a
           
             Great
             Council
             of
             Peers
          
           ,
           to
           whom
           he
           opens
           his
           claim
           ,
           upon
           the
           King's
           breach
           of
           the
           Articles
           .
           After
           the
           Lords
           had
           considered
           of
           the
           matter
           ,
           they
           b
           determined
           by
           
             Authority
             of
             the
             said
             Council
          
           ,
           that
           
             forasmuch
             as
             King
          
           Henry
           ,
           
             contrary
             to
             his
             Oath
             ,
             Honor
             ,
             and
             Agreement
             ,
             had
          
           violated
           and
           infringed
           the
           order
           taken
           and
           
             enacted
             in
             the
             last
             Parliament
          
           ;
           
           
             and
             also
             because
             he
             was
             insufficient
             to
             rule
             the
             Realms
             ,
             and
             unprofitable
             to
             the
             Common-wealth
             ;
             he
             was
             therefore
             ,
             by
             the
             aforesaid
             Authority
             ,
             deprived
             and
             dejected
             of
             all
             Kingly
             Honor
             ,
             and
             Regal
             Sovereignty
             :
             and
             incontinent
          
           Edward
           
             Earl
             of
          
           March
           ,
           was
           ,
           by
           the
           Lords
           in
           the
           said
           Counseil
           assembled
           ,
           
             named
             ,
             elected
             ,
             and
             admitted
             for
             King
             and
             Governour
             of
             the
             Realm
             .
          
        
         
           After
           this
           ,
           the
           same
           day
           ,
           the
           consent
           of
           the
           c
           
             common
             People
          
           was
           ask'd
           in
           St.
           John's
           Fields
           ;
           where
           a
           great
           number
           ,
           were
           assembled
           .
           The
           Lords
           being
           informed
           of
           the
           consent
           of
           the
           Commons
           ,
           acquainted
           the
           
             said
             Earl
          
           with
           their
           
             election
             ,
             and
             admission
             ,
             and
             the
             loving
             assent
             of
             the
             Commons
             .
          
           The
           next
           day
           he
           went
           to
           
             Westminster
             ,
             where
             his
             Title
             and
             Claim
             to
             the
             Crown
             was
             declared
             .
          
           1.
           
           
             As
             Son
             and
             Heir
             to
          
           Richard
           
             his
             Father
             ;
             right
             Inheriter
             to
             the
             same
             .
          
           2.
           
           
             By
             Authority
             of
             Parliament
          
           .
           3.
           
           d
           
             And
             forfeiture
             committed
             by
          
           H.
           6.
           
        
         
           The
           e
           Commons
           being
           again
           demanded
           ,
           if
           they
           would
           admit
           and
           take
           the
           
             said
             Earl
          
           ,
           as
           their
           
             Sovereign
             Lord
          
           ;
           all
           with
           one
           voice
           cried
           
             yea
             ,
             yea
          
           :
           which
           
             agreement
             concluded
             ,
             he
             was
             then
             proclaimed
             .
          
        
         
           Here
           it
           is
           observable
           .
        
         
         
           1.
           
           That
           Edward
           did
           not
           claim
           upon
           any
           Title
           Prior
           to
           the
           Settlement
           in
           Parliament
           ,
           39
           H.
           6.
           and
           therefore
           ,
           in
           effect
           ,
           claimed
           as
           adopted
           Heir
           to
           H.
           6.
           as
           H.
           2.
           had
           been
           to
           
             King
             Stephen
          
           .
        
         
           2.
           
           He
           alledges
           against
           H.
           6.
           forfeiture
           ,
           by
           breach
           of
           the
           Contrac̄t
           establish'd
           in
           Parliament
           ;
           and
           a
           
             Moral
             incapacity
          
           in
           him
           to
           Reign
           .
        
         
           3.
           
           Notwithstanding
           this
           ,
           he
           does
           not
           set
           up
           as
           King
           ,
           before
           a
           solemn
           judgment
           pronounced
           against
           H.
           6.
           and
           in
           favour
           of
           him
           ;
           and
           the
           formallity
           of
           a
           publick
           election
           .
        
         
           4.
           
           It
           appears
           ,
           that
           tho'
           he
           came
           to
           London
           ,
           and
           was
           possessed
           of
           the
           head
           and
           strength
           of
           the
           Kingdom
           ;
           and
           Hen.
           6.
           had
           ,
           in
           effect
           ,
           abdicated
           ,
           he
           ,
           who
           according
           to
           the
           modern
           notion
           of
           the
           Successionaries
           ,
           should
           have
           been
           King
           upon
           the
           death
           of
           his
           Father
           ,
           was
           not
           King
           ,
           nor
           so
           reputed
           by
           his
           own
           Party
           ,
           till
           all
           those
           accustomed
           ceremonies
           were
           over
           ;
           the
           last
           of
           which
           was
           a
           on
           the
           4
           th
           of
           March.
           Now
           if
           it
           shall
           prove
           ,
           
           that
           in
           the
           judgment
           of
           King
           Edward's
           own
           Parliament
           ,
           his
           right
           ot
           turn
           H.
           6.
           out
           of
           Possession
           ,
           was
           founded
           in
           H.
           6
           ths
           breach
           of
           the
           
             Contract
             ,
             establish'd
             in
             Parliament
          
           ;
           that
           E.
           4.
           was
           not
           King
           till
           the
           4
           th
           of
           March
           ;
           and
           that
           no
           Act
           committed
           against
           him
           before
           that
           day
           ,
           was
           Treason
           ;
           nor
           was
           there
           ,
           or
           could
           there
           be
           Treason
           against
           his
           Father
           ,
           who
           never
           had
           been
           King
           :
           then
           it
           will
           appear
           ,
           that
           some
           consent
           ,
           or
           election
           ,
           of
           the
           States
           ,
           or
           People
           ,
           was
           essentially
           necessary
           to
           make
           a
           King
           ,
           even
           of
           one
           who
           had
           ,
           or
           at
           least
           was
           suppos'd
           to
           have
           ,
           all
           the
           right
           that
           descent
           could
           give
           him
           :
           and
           that
           the
           other
           King
           must
           have
           forfeited
           ,
           or
           
             ceased
             to
             be
             King
          
           ,
           before
           such
           right
           could
           be
           duely
           claimed
           .
           But
           ,
        
         
           1.
           
           The
           Act
           of
           Parliament
           declaring
           b
           E.
           4
           ths
           Title
           ,
           is
           held
           to
           be
           a
           restitution
           to
           the
           same
           :
           so
           that
           the
           very
           Title
           ,
           or
           Right
           was
           as
           if
           it
           had
           been
           extinguished
           .
           
        
         
           2.
           
           It
           is
           in
           that
           Act
           c
           particularly
           insisted
           on
           ,
           that
           H.
           6.
           had
           declared
           before
           witness
           ,
           that
           he
           would
           not
           keep
           the
           
             contract
             established
          
           in
           Parliament
           ;
           and
           is
           expresly
           charged
           with
           the
           breach
           of
           it
           .
        
         
           3.
           
           E.
           4.
           d
           is
           adjudged
           to
           have
           been
           in
           
             lawful
             Possession
             of
             the
             Realm
          
           ,
           
           upon
           the
           4
           th
           of
           March
           ;
           and
           
             [
             on
             that
             day
             ]
             lawfully
             seized
             ,
             and
             possessed
             .
          
           But
           not
           before
           :
           and
           then
           
             the
             
             exercice
             of
             the
             Royal
             Estate
          
           by
           E.
           4.
           and
           amotion
           of
           H.
           6.
           are
           declared
           
             rightwise
             ,
             lawful
             ,
             and
             according
             to
             the
             Laws
             and
             Customs
             of
             the
             Realm
             .
          
        
         
           4.
           
           That
           Act
           says
           the
           Crown
           ought
           to
           have
           descended
           to
           Edward's
           Ancestor
           ,
           and
           after
           his
           decease
           to
           
             the
             next
             Heir
             of
             Blood
             :
             if
             the
             same
             Usurpation
             had
             not
             been
             committed
             .
          
           Wherefore
           ,
           according
           to
           that
           Act
           ,
           the
           Crown
           did
           not
           descend
           to
           any
           one
           of
           Mortimer's
           Family
           ,
           while
           the
           Person
           who
           they
           supposed
           to
           have
           usurped
           the
           Crown
           ,
           or
           any
           descendant
           from
           him
           ,
           kept
           Possession
           .
        
         
           5.
           
           Edward's
           Parliament
           held
           his
           Father
           to
           have
           been
           no
           more
           than
           
             Duke
             of
             York
          
           :
           and
           tho'
           in
           the
           a
           Act
           attainting
           H.
           6.
           he
           is
           charged
           with
           the
           Murder
           of
           
             Richard
             Duke
             of
             York
          
           ,
           
           the
           first
           Treasonable
           Fact
           in
           H.
           6.
           and
           others
           ,
           is
           laid
           in
           levying
           War
           on
           the
           29
           
             th
             of
             March
          
           ,
           and
           imagining
           to
           depose
           their
           Sovereign
           Lord
           Edward
           :
           who
           had
           been
           declared
           King
           on
           the
           4
           
             th
             of
             that
             March
          
           :
           and
           H.
           6
           ths
           forfeiture
           is
           laid
           in
           acting
           
             against
             his
             Faith
             and
             Allegiance
             to
             his
             Sovereign
             Lord
             :
          
           whereby
           they
           plainly
           shew
           ,
           that
           as
           there
           could
           be
           no
           Treason
           against
           the
           
             Duke
             of
             York
          
           ,
           because
           he
           was
           never
           received
           for
           
             Sovereign
             Lord
          
           :
           neither
           could
           there
           have
           been
           any
           against
           E.
           4.
           unless
           he
           had
           been
           so
           received
           .
        
         
           6.
           
           If
           any
           now
           will
           own
           his
           
             present
             Majesty
          
           to
           have
           right
           by
           Law
           ;
           and
           yet
           refuse
           to
           declare
           him
           
             rightful
             King
          
           ;
           They
           go
           no
           farther
           then
           E.
           4.
           and
           his
           Party
           did
           ,
           even
           after
           his
           Possession
           ,
           in
           relation
           to
           such
           as
           they
           held
           to
           be
           Usurpers
           .
           And
           should
           such
           Men
           add
           ,
           that
           neither
           has
           the
           
             late
             King
          
           any
           right
           ;
           as
           it
           is
           probable
           that
           they
           mean
           ,
           that
           he
           has
           no
           right
           making
           him
           King
           ;
           they
           therein
           would
           still
           keep
           to
           that
           President
           .
           But
           then
           if
           they
           would
           exactly
           follow
           that
           ,
           they
           must
           believe
           that
           the
           late
           King
           cannot
           be
           duely
           restored
           to
           the
           Regal
           Dignity
           ,
           till
           he
           should
           be
           received
           by
           the
           election
           ,
           or
           consent
           ,
           of
           the
           States
           ,
           or
           
             Body
             of
             the
             People
          
           :
           nor
           could
           that
           be
           rightfully
           done
           ,
           unless
           his
           
             present
             Majesty
          
           in
           a
           legal
           sense
           
             ceased
             to
             be
             King
          
           ;
           before
           such
           election
           ,
           or
           consent
           .
        
         
           Thus
           far
           I
           am
           sure
           they
           cannot
           come
           without
           a
           manifest
           departure
           from
           their
           avowed
           Principles
           :
           and
           ,
           therefore
           ,
           
           to
           keep
           to
           them
           ,
           they
           must
           give
           up
           the
           only
           colourable
           Authority
           for
           their
           notion
           of
           King
           
             de
             jure
          
           ,
           and
           
             de
             facto
          
           .
        
         
           And
           they
           must
           yield
           ,
           that
           there
           is
           not
           the
           least
           shadow
           of
           pretence
           ,
           from
           what
           was
           held
           in
           those
           times
           ,
           that
           there
           was
           a
           
             King
             of
             right
          
           ,
           at
           the
           very
           time
           that
           an
           other
           was
           in
           fact
           :
           it
           going
           no
           farther
           ,
           than
           that
           the
           Person
           who
           
             was
             King
          
           ,
           ought
           not
           to
           have
           been
           King
           ;
           but
           while
           he
           was
           King
           the
           other
           was
           none
           .
        
         
           7.
           
           The
           judgment
           of
           E.
           4
           ths
           first
           Parliament
           ,
           whatever
           hard
           names
           they
           gave
           that
           Family
           ,
           on
           which
           they
           trampled
           ,
           
           was
           so
           far
           from
           being
           an
           Authority
           ,
           as
           has
           been
           a
           pretended
           ,
           against
           the
           receiving
           his
           
             present
             Majesty
          
           ,
           upon
           the
           late
           King's
           breach
           of
           the
           Original
           or
           
             Common-Law
             Contract
          
           ,
           confirmed
           by
           several
           declaratory
           Statutes
           of
           the
           Kingdom
           ,
           and
           the
           solemn
           Oaths
           of
           our
           Kings
           ;
           that
           it
           is
           express
           for
           the
           b
           eviction
           and
           amotion
           of
           one
           King
           ,
           upon
           his
           breach
           of
           a
           
             contract
             establish'd
             in
             Parliament
          
           ,
           
           and
           the
           setting
           up
           an
           other
           by
           an
           election
           .
        
         
           And
           it
           is
           observable
           that
           the
           Act
           1º
           e
           E.
           4.
           which
           confirms
           several
           judicial
           and
           other
           Acts
           of
           such
           as
           it
           calls
           Kings
           only
           in
           fact
           ,
           says
           ,
           
             
               other
               than
               by
               Authority
            
             of
             any
             Parliament
             
               holden
               in
               their
               times
            
             ;
          
           plainly
           admitting
           that
           Authority
           to
           be
           sufficient
           in
           it self
           .
        
         
           H.
           6.
           coming
           again
           into
           Power
           ;
           because
           of
           a
           Possession
           with
           such
           a
           consent
           of
           the
           People
           as
           made
           E.
           4.
           
           King
           ;
           was
           c
           formally
           again
           elected
           at
           the
           Tower
           :
           and
           in
           H.
           7
           ths
           time
           ,
           d
           was
           adjudged
           to
           have
           had
           his
           attainder
           purged
           ,
           by
           his
           re-adeption
           of
           Power
           :
           which
           seems
           not
           to
           have
           been
           till
           he
           had
           been
           re-elected
           .
        
         
           Then
           H.
           6.
           calls
           a
           Parliament
           ,
           where
           he
           in
           his
           turn
           attaints
           the
           Adherents
           of
           E.
           
           4.
           and
           ,
           
           as
           we
           are
           to
           believe
           ,
           himself
           :
           but
           the
           Record
           of
           that
           having
           been
           cancelled
           ,
           and
           the
           Rolls
           loss'd
           ,
           it
           appears
           not
           whether
           it
           was
           for
           any
           Act
           committed
           before
           H.
           f
           6
           
             ths
             re-adeption
          
           of
           Power
           .
        
         
           The
           Tide
           again
           g
           turning
           for
           E.
           4.
           all
           the
           Acts
           of
           that
           Parliament
           are
           reversed
           and
           declared
           ,
           or
           made
           ,
           void
           :
           from
           the
           time
           that
           he
           had
           been
           declared
           ,
           
           he
           was
           held
           to
           have
           continued
           the
           Possession
           of
           the
           Regal
           Dignity
           ,
           
           tho'
           with-held
           from
           the
           exercice
           of
           the
           Power
           ;
           and
           therefore
           
           H.
           6.
           from
           the
           first
           admission
           of
           E.
           4.
           to
           the
           Crown
           ,
           was
           accounted
           no
           King
           ,
           and
           his
           Parliament
           to
           be
           but
           a
           pretenced
           Parliament
           .
        
         
           E.
           4
           ths
           usage
           of
           H.
           6.
           was
           repaid
           to
           his
           Sons
           by
           their
           Uncle
           R.
           3.
           some
           will
           have
           it
           that
           he
           made
           them
           away
           ,
           as
           indeed
           is
           intimated
           in
           the
           Act
           attainting
           R.
           3.
           but
           't
           is
           certain
           that
           they
           were
           bastardized
           in
           a
           Convention
           ,
           whose
           Acts
           were
           by
           a
           Parliament
           after
           Richard
           was
           admitted
           King
           ,
           declared
           for
           truth
           ,
           and
           not
           to
           be
           doubted
           ;
           and
           there
           are
           b
           Authorities
           to
           induce
           the
           Belief
           ,
           that
           Edward's
           Sons
           were
           really
           Bastards
           ,
           by
           reason
           of
           the
           Father's
           pre-contract
           :
           however
           the
           c
           Convention
           declared
           ,
           that
           they
           were
           not
           fit
           to
           Reign
           ,
           because
           they
           were
           Infants
           ,
           and
           their
           Mother
           ignoble
           ,
           and
           married
           clandestinely
           without
           the
           knowing
           and
           assent
           of
           the
           Lords
           .
           
             George
             Duke
          
           of
           Clarence
           ,
           the
           next
           Brother
           to
           E.
           4.
           having
           been
           attainted
           in
           a
           Parliament
           of
           E.
           4.
           they
           having
           
             singular
             confidence
             in
          
           Richard's
           
             particular
             merit
             ,
             have
             chosen
             in
             all
             that
             in
             them
             is
             ,
             and
             by
             that
             their
             certain
             writing
             ,
             choose
             him
             their
             King
             and
             Sovereign
             Lord
             ,
             to
             whom
             they
             know
             of
             certain
             ,
             it
             appertaineth
             of
             Inheritance
             to
             be
             chosen
             .
          
        
         
           And
           observing
           that
           tho'
           the
           Learned
           in
           the
           Laws
           and
           Customs
           know
           his
           Title
           to
           be
           good
           ,
           the
           most
           part
           of
           the
           People
           is
           not
           sufficiently
           learned
           in
           the
           Laws
           and
           Customs
           ;
           they
           declare
           
             that
             
               the
               Court
               of
               Parliament
               is
               of
               such
               Authority
            
             and
             the
             People
             of
             this
             Land
             of
             such
             a
             disposition
             ,
             as
             experience
             teacheth
             ,
             that
             
               Manifestation
               and
               Declaration
               of
               any
               Truth
               or
               Right
               made
               by
               the
               three
               States
               of
               the
               Realm
               assembled
               in
               Parliament
               ,
               and
               by
               Authority
               of
               the
               same
               ,
               maketh
               before
               all
               other
               things
               most
               faith
               ,
               and
               certain
               quieting
               of
               mens
               minds
               ,
               and
               removing
               the
               occasion
               of
               doubts
               and
               seditious
               language
               .
            
             Therefore
             
               by
               the
               Authority
               of
               that
               Parliament
               ,
            
             it
             is
             pronounced
             and
             declared
             ,
             that
             their
             
               Sovereign
               Lord
               the
               King
            
             ,
             was
             ,
             and
             is
             ,
             the
             
               very
               undoubted
            
             King
             ,
             as
             well
             
               by
               right
               of
               Consanguinity
               and
               Inheritance
               ,
               as
               by
               lawful
               Election
               ,
               Consecration
               ,
               and
               Coronation
               .
            
             And
             they
             
               Enact
               ,
               Establish
               ,
               Pronounce
               ,
               Decree
               ,
            
             and
             
               Declare
               ,
               Edward
            
             the
             King
             's
             eldest
             Son
             
               Heir
               Apparent
            
             :
          
           
             to
             him
             and
             his
             Heirs
             of
             his
             Body
             .
          
        
         
           Any
           Man
           who
           compares
           that
           Act
           at
           large
           with
           the
           former
           Presidents
           ;
           must
           see
           ,
           that
           it
           was
           penn'd
           with
           
           great
           Wisdom
           ,
           and
           regard
           to
           the
           Constitution
           of
           the
           Monarchy
           .
        
         
           And
           tho'
           out
           of
           an
           usual
           complement
           to
           the
           prevailing
           side
           ,
           R.
           3.
           has
           generally
           been
           represented
           as
           a
           Monster
           in
           Person
           ,
           and
           Nature
           ;
           the
           learned
           Buck
           has
           made
           it
           doubtful
           ,
           which
           was
           the
           most
           deserving
           in
           all
           things
           ,
           R.
           3.
           or
           H.
           7.
           
           Certain
           it
           is
           ,
           that
           tho'
           the
           Crown
           had
           ,
           by
           Authority
           of
           Parliament
           ,
           been
           settled
           in
           remainder
           after
           H.
           6.
           upon
           a
           
             Duke
             Richard
          
           and
           his
           Heirs
           ;
           and
           that
           Duke's
           Grand-daughter
           was
           alive
           and
           marriageable
           ,
           in
           the
           Reign
           of
           R.
           3.
           her
           suppos'd
           Right
           gave
           him
           no
           disturbance
           ,
           and
           his
           Possession
           was
           very
           quiet
           till
           he
           disobliged
           the
           Duke
           of
           Bucks
           (
           who
           was
           the
           great
           Instrument
           in
           setting
           him
           up
           )
           by
           rejecting
           his
           Claim
           to
           be
           
             High-Constable
             of
          
           England
           :
           which
           was
           an
           Authority
           dangerous
           to
           be
           trusted
           in
           the
           hands
           of
           so
           popular
           a
           Man
           :
           nor
           could
           the
           Duke
           and
           his
           Faction
           expect
           to
           succeed
           in
           their
           conspiracy
           ,
           without
           the
           support
           of
           
             French
             Forces
          
           :
           and
           ,
           accordingly
           ,
           applied
           themselves
           to
           
             Henry
             Earl
             of
             Richmond
          
           ,
           afterwards
           H.
           7.
           with
           whom
           the
           Duke
           of
           b
           Brittany
           had
           for
           some
           years
           kept
           even
           E.
           4.
           in
           awe
           .
        
         
           Henry
           was
           glad
           of
           the
           opportunity
           :
           and
           ,
           to
           strengthen
           his
           Interest
           ,
           agrees
           with
           some
           of
           his
           Party
           to
           marry
           the
           Daughter
           of
           E.
           4.
           but
           was
           far
           from
           making
           any
           claim
           in
           her
           right
           .
           It
           is
           very
           probable
           that
           one
           of
           E.
           4
           ths
           Sons
           was
           then
           alive
           :
           be
           that
           as
           it
           will
           ,
           as
           appears
           by
           the
           Statutes
           1
           H.
           7.
           cited
           above
           ,
           his
           Parliament
           held
           that
           he
           landed
           with
           Title
           :
           and
           R.
           3.
           being
           deserted
           ,
           and
           slain
           in
           the
           Field
           of
           Battle
           ;
           that
           opposition
           to
           Henry
           was
           ,
           
             by
             Authority
             of
             Parliament
          
           ,
           adjudged
           Treason
           against
           the
           
             Sovereign
             Lord
          
           of
           this
           Land
           :
           and
           H.
           7
           th
           .
           was
           held
           to
           have
           recovered
           his
           right
           .
        
         
           
             After
             this
             ,
             when
          
           H.
           7.
           meets
           c
           
             his
             first
             Parliament
             ,
             he
             ,
             with
             his
             own
             Mouth
             ,
             tells
             the
          
           Commons
           in
           full
           Parliament
           ,
           
             that
             his
          
           accession
           to
           the
           Right
           and
           Crown
           of
           England
           ,
           was
           as
           well
           by
           just
           Title
           of
           Inheritance
           ,
           as
           by
           God's
           true
           judgment
           ,
           in
           giving
           him
           the
           victory
           over
           his
           enemy
           in
           the
           Field
           .
        
         
         
           In
           which
           ,
           bating
           the
           Settlement
           in
           the
           time
           of
           the
           
             Confessor
             ,
             H.
          
           7.
           claim'd
           as
           W.
           1.
           did
           ,
           by
           the
           
             Inheritance
             of
             consanguinity
          
           ,
           and
           that
           Success
           which
           gave
           him
           the
           preference
           before
           others
           of
           the
           same
           Blood
           ;
           especially
           ,
           since
           that
           enemy
           ,
           whom
           he
           subdued
           ,
           was
           held
           to
           be
           an
           Usurper
           .
        
         
           This
           't
           is
           evident
           ,
           that
           he
           was
           accounted
           before
           H.
           7.
           
           Landed
           .
           But
           if
           it
           be
           truly
           considered
           ,
           his
           Usurpation
           ,
           if
           any
           ,
           must
           have
           consisted
           in
           the
           Tyrannical
           Exercice
           of
           his
           Power
           ,
           which
           the
           Duke
           of
           Bucks
           had
           urged
           to
           justify
           his
           Arms
           ,
           and
           not
           from
           the
           assuming
           it
           ;
           and
           that
           H.
           7
           th's
           Sovereignty
           was
           founded
           in
           that
           election
           of
           the
           Body
           of
           the
           People
           ,
           without
           a
           
             formal
             Convention
          
           ,
           which
           pitch'd
           upon
           him
           as
           a
           fit
           Person
           to
           deliver
           them
           from
           their
           real
           or
           imagin'd
           Yoke
           .
           This
           will
           appear
           beyond
           contradiction
           ,
           from
           the
           proceedings
           of
           the
           Parliament
           upon
           his
           Claim
           ,
           and
           the
           moral
           impossibility
           of
           giving
           it
           any
           other
           colour
           .
           However
           ,
           the
           Parliament
           took
           to
           it self
           full
           Authority
           in
           the
           matter
           ;
           and
           a
           declaring
           their
           hopes
           that
           it
           might
           be
           
             to
             the
             pleasure
             of
             Almighty
             God
             ,
             the
             Wealth
             ,
             Prosperity
             ,
             and
             Security
             of
             this
             Realm
             ,
             by
             Authority
             of
             Parliament
          
           settles
           the
           Crown
           upon
           H.
           7.
           and
           the
           Heirs
           of
           his
           Body
           ,
           exclusive
           of
           all
           others
           .
           After
           which
           ,
           indeed
           ,
           they
           desire
           him
           to
           marry
           
             Eliz.
             E.
          
           4th's
           Daughter
           ,
           b
           
             that
             by
             God's
             Grace
             there
             might
             be
             issue
             of
             the
             Stock
             of
             their
             Kings
             :
          
           but
           then
           special
           care
           is
           taken
           ,
           that
           neither
           the
           King
           ,
           or
           the
           Children
           by
           that
           marriage
           ,
           should
           be
           thought
           to
           derive
           any
           Title
           from
           her
           :
           for
           tho'
           they
           ,
           
             by
             Authority
             of
             Parliament
          
           ,
           repeal
           her
           Bastardy
           declared
           1º
           R.
           3.
           they
           ,
           by
           c
           
             the
             said
             Authority
             ,
             ordein
          
           ,
           that
           the
           then
           
             Act
             ne
             eny
             clause
             in
             the
             same
             ,
             be
             hurtful
             or
             prejudicial
             to
             the
             Act
             of
             stablishment
             of
             the
             Crown
             of
          
           England
           ,
           
             to
             the
             King
             and
             the
             Heirs
             of
             his
             Body
             begotten
             .
          
        
         
           
             After
             this
          
           H.
           7.
           
             obtains
             a
             Bull
             from
             the
             Pope
             ,
             which
             says
          
           d
           
             the
             Kingdom
             belonged
             to
             him
          
           ,
           not
           only
           by
           right
           of
           War
           ,
           and
           notorious
           undoubted
           e
           nearest
           Title
           of
           Succession
           ;
           but
           also
           by
           the
           election
           of
           the
           Prelates
           ,
           Peers
           ,
           Great
           Men
           ,
           Nobles
           ,
           and
           the
           Commons
           of
           all
           the
           Kingdom
           of
           England
           ;
           and
           by
           the
           known
           and
           decreed
           Statute
           and
           Ordinance
           of
           the
           three
           States
           of
           the
           said
           Kingdom
           of
           England
           ,
           f
           in
           their
           Convention
           called
           a
           Parliament
           .
        
         
         
           According
           to
           this
           ,
           tho'
           his
           Reign
           was
           held
           to
           have
           begun
           before
           he
           had
           been
           declared
           King
           ,
           it
           was
           ,
           as
           I
           shall
           have
           occasion
           to
           observe
           in
           other
           cases
           ,
           only
           by
           way
           of
           relation
           to
           that
           solemn
           Investiture
           ;
           without
           which
           he
           had
           never
           been
           King.
           That
           his
           Right
           must
           have
           been
           derived
           from
           a
           plain
           Election
           ,
           is
           very
           evident
           ;
           for
           ,
        
         
           1.
           
           He
           had
           been
           a
           attainted
           in
           a
           Parliament
           of
           R.
           3.
           and
           if
           the
           Royal
           Blood
           could
           not
           be
           so
           attainted
           but
           whenever
           a
           former
           King
           ceased
           to
           be
           King
           ,
           the
           Person
           so
           attainted
           ,
           standing
           next
           to
           the
           Crown
           ,
           should
           have
           his
           Attainder
           purged
           by
           the
           descent
           of
           the
           Crown
           ;
           then
           according
           to
           them
           of
           this
           Opinion
           ,
           the
           Earl
           of
           
             Warwick
             ,
             Son
             to
          
           George
           
             Duke
             of
          
           Clarence
           ,
           who
           had
           been
           attainted
           by
           Parliament
           in
           the
           Reign
           of
           his
           Brother
           E.
           4.
           must
           have
           had
           the
           Right
           before
           H.
           7.
           
        
         
           And
           yet
           ,
           if
           we
           regard
           the
           distinction
           between
           Proximity
           and
           
             Representation
             ,
             H.
          
           7.
           was
           ,
           in
           that
           respect
           ,
           more
           truly
           the
           b
           
             next
             Heir
          
           to
           the
           Crown
           .
           But
           however
           ,
           the
           resolution
           of
           the
           Judges
           ,
           c
           1
           H.
           7.
           has
           been
           taken
           ,
           they
           held
           the
           disability
           to
           cease
           
             eo
             facto
          
           ,
           that
           
             he
             took
             upon
             him
             the
             Royal
             Dignity
             to
             be
             King
          
           ;
           nor
           by
           any
           imagined
           Right
           of
           Descent
           .
        
         
           2.
           
           At
           least
           ,
           one
           of
           the
           Children
           of
           E.
           4.
           was
           alive
           when
           H.
           7.
           came
           to
           the
           Crown
           .
        
         
           3.
           
           
           Tho'
           in
           truth
           ,
           it
           appears
           by
           the
           Statute
           reversing
           the
           Attainder
           of
           H.
           6.
           to
           have
           been
           the
           judgment
           of
           H.
           7th's
           Parliament
           ,
           that
           H.
           6ths
           Family
           ,
           of
           which
           he
           was
           ,
           ought
           to
           be
           the
           reigning
           Family
           ;
           yet
           H.
           7.
           had
           no
           pretence
           to
           preference
           in
           that
           Family
           ,
           but
           from
           his
           Merits
           ,
           and
           the
           People's
           Choice
           .
           For
           ,
        
         
           1.
           
           His
           own
           Mother
           ,
           who
           stood
           before
           him
           upon
           that
           Line
           ,
           was
           then
           alive
           .
        
         
           2.
           
           He
           came
           from
           a
           Bastard
           branch
           ,
           his
           Ancestor
           being
           the
           Bastard
           Son
           of
           
             John
             of
             Gaunt
          
           ,
           during
           former
           Marriages
           on
           both
           sides
           .
           And
           tho'
           there
           was
           a
           legitimation
           d
           20
           R.
           2.
           that
           neither
           did
           ,
           
           nor
           was
           intended
           to
           extend
           to
           capacitate
           for
           the
           Royal
           Dignity
           :
           However
           ,
           H.
           7.
           is
           ,
           in
           an
           Act
           of
           Parliament
           ,
           called
           e
           
             Natural
             Sovereign
             Leige
             Lord.
          
           
        
         
           Certain
           it
           is
           ,
           
           that
           he
           was
           never
           in
           his
           time
           ,
           or
           after
           ,
           Authoritatively
           declared
           ,
           or
           accounted
           ,
           King
           only
           
             in
             Fact
          
           :
           
           and
           they
           who
           will
           take
           the
           distinction
           of
           
             King
             in
             Right
             and
             in
             Fact
             ,
          
           from
           the
           last
           Parliamentary
           Declaration
           in
           this
           matter
           ,
           before
           the
           Revolution
           ,
           must
           hold
           ;
           that
           till
           the
           restitution
           of
           the
           younger
           House
           ,
           which
           had
           been
           settled
           the
           
             Regnant
             Family
          
           for
           three
           Reigns
           successively
           ;
           all
           the
           Kings
           of
           the
           elder
           House
           were
           Kings
           only
           
             in
             Fact
          
           ,
           but
           not
           
             of
             Right
          
           .
        
         
           And
           yet
           it
           is
           not
           to
           be
           thence
           inferred
           ,
           that
           while
           they
           of
           the
           elder
           House
           had
           possession
           ,
           they
           were
           to
           be
           accounted
           Usurpers
           ,
           for
           not
           standing
           first
           upon
           that
           Line
           which
           ought
           to
           have
           had
           the
           preference
           :
           But
           when
           any
           Prince
           of
           either
           branch
           ,
           had
           Justice
           done
           to
           his
           Merits
           ,
           who
           would
           not
           say
           ,
           that
           he
           ought
           sooner
           to
           have
           been
           King
           ?
        
         
           H.
           8th
           a
           came
           in
           under
           the
           
             Authority
             of
             Parliament
          
           ,
           which
           had
           made
           H.
           7th
           the
           Head
           of
           a
           new
           Succession
           ,
           as
           the
           Crown
           had
           been
           Entail'd
           upon
           him
           and
           his
           Issue
           .
           And
           tho'
           H.
           8th's
           Mother
           was
           Daughter
           to
           E.
           4.
           whatever
           Dr.
           Brady
           b
           suggests
           ,
           it
           has
           appeared
           above
           ,
           that
           particular
           care
           was
           taken
           by
           H.
           7th's
           Parliament
           ,
           that
           the
           Crown
           should
           not
           be
           thought
           to
           descend
           by
           
             proximity
             of
             Blood
          
           ;
           but
           that
           the
           Right
           of
           Succession
           was
           to
           be
           derived
           from
           
             Parliamentary
             Authority
          
           .
        
         
           It
           is
           beyond
           contradiction
           ,
           that
           in
           the
           judgment
           of
           H.
           8th
           .
           and
           his
           Parliaments
           ,
           the
           inheritance
           of
           the
           Crown
           was
           variable
           as
           Parliaments
           should
           determine
           ;
           and
           that
           no
           Man
           could
           rightfully
           succeed
           ,
           without
           such
           appointment
           .
        
         
           
             By
             Authority
          
           c
           
             of
             his
             Paliament
          
           25o.
           the
           Marriage
           with
           Katherine
           ,
           Mother
           to
           Queen
           Mary
           ,
           was
           declared
           void
           ,
           and
           that
           with
           Ann
           ,
           Mother
           to
           Queen
           
             Elizabeth
             ,
             lawful
          
           ,
           and
           the
           Children
           made
           
             inheritable
             ,
             according
             to
             the
             course
             of
             Inhetances
             ,
             and
             laws
             of
             this
             Realm
          
           ;
           first
           to
           Males
           ,
           then
           to
           Females
           :
           't
           was
           made
           High-Treason
           by
           Writing
           ,
           Print
           ,
           Deed
           ,
           or
           Act
           ,
           to
           attempt
           any
           thing
           to
           the
           prejudice
           of
           that
           Settlement
           ;
           and
           the
           substance
           of
           an
           Oath
           was
           appointed
           d
           afterwards
           made
           more
           express
           ,
           by
           another
           Statute
           ,
           repealing
           all
           Oaths
           to
           the
           contrary
           ,
           and
           engaging
           the
           Subjects
           ,
           in
           maintaining
           that
           Act
           of
           Succession
           ,
           
             to
             do
          
           against
           all
           
             manner
             of
             Persons
             ,
             of
             what
             estate
             ,
             degree
             ,
             or
             condition
             soever
             he
             be
             .
          
        
         
         
           By
           a
           
             Authority
             of
             Parliament
          
           ,
           28
           H.
           8.
           the
           Marriages
           with
           Queen
           Katharine
           and
           Queen
           Ann
           ,
           are
           declared
           unlawful
           ,
           and
           the
           Children
           illegitimate
           ;
           and
           the
           Crown
           is
           settled
           upon
           the
           issue
           of
           the
           Body
           of
           Queen
           
             Jane
             ,
             E.
          
           6ths
           Mother
           :
           for
           want
           of
           such
           issue
           ,
           to
           such
           Person
           and
           Persons
           as
           the
           King
           should
           appoint
           by
           Virtue
           of
           the
           said
           Act.
           And
           it
           provides
           ,
           that
           if
           any
           should
           attempt
           to
           succeed
           contrary
           to
           that
           Settlement
           ,
           they
           should
           lose
           and
           forfeit
           all
           right
           Title
           and
           Interest
           ,
           that
           they
           may
           claim
           to
           the
           Crown
           ,
           as
           Heirs
           by
           Descent
           ,
           or
           otherwise
           .
        
         
           The
           reason
           for
           reserving
           an
           appointment
           to
           the
           King
           is
           very
           remarkable
           ;
           because
           ,
           as
           the
           words
           of
           the
           Statute
           are
           ,
           
             
               If
               such
               Heirs
            
             ,
             should
             fail
             ,
             as
             God
             defend
             ,
             and
             no
             Provision
             made
             in
             your
             life
             ,
             who
             should
             rule
             and
             govern
             this
             Realm
             ;
             for
             lack
             of
             such
             Heirs
             ,
             then
             this
             Realm
             ,
             after
             your
             transitory
             life
             ,
             shall
             
               be
               destitute
               of
               a
               lawful
               Governor
               :
            
             or
             else
             per
             case
             
               encumbred
               with
               such
               a
               Person
               ,
               that
               would
               covet
               to
               aspire
               to
               the
               same
               ,
               whom
               the
               Subjects
               of
               this
               Realm
               shall
               not
               find
               in
               their
               hearts
               to
               love
               ,
               dread
               ,
               and
               obediently
               serve
               ,
               as
               their
               Sovereign
               Lord.
               
            
          
           And
           all
           offenders
           against
           that
           Act
           ,
           their
           Abetters
           ,
           Maintainers
           ,
           Fautors
           ,
           Counsellors
           ,
           and
           Aiders
           ,
           were
           to
           be
           deemed
           and
           adjudged
           
             High
             Traytors
          
           to
           the
           Realm
           .
        
         
           According
           to
           which
           it
           is
           very
           evident
           ,
        
         
           1.
           
           That
           no
           Person
           would
           have
           had
           Right
           to
           succeed
           ,
           who
           was
           not
           within
           the
           express
           limitations
           then
           made
           ;
           or
           the
           future
           Provision
           by
           Virtue
           of
           the
           Authority
           of
           that
           Parliament
           .
        
         
           2.
           
           If
           any
           Person
           should
           aspire
           to
           succeed
           from
           a
           pretended
           Right
           of
           Proximity
           ,
           or
           the
           Settlement
           1
           H.
           7.
           he
           would
           have
           been
           an
           Incumberer
           ,
           or
           Usurper
           ,
           of
           the
           Realm
           :
           unless
           the
           Subjects
           should
           find
           in
           their
           Hearts
           ,
           or
           freely
           Consent
           ,
           to
           serve
           him
           as
           their
           
             Sovereign
             Lord
          
           ;
           that
           is
           ,
           till
           he
           should
           be
           
             elected
             King.
          
           
        
         
           3.
           
           That
           till
           the
           election
           of
           another
           King
           ,
           there
           would
           be
           a
           vacancy
           ;
           and
           whoever
           would
           pretend
           to
           be
           King
           till
           Elected
           ,
           was
           punishable
           as
           a
           
             Traytor
             to
             the
             Realm
          
           .
        
         
           By
           b
           
             Authority
             of
          
           the
           same
           Parliament
           ,
           the
           Illegitimations
           of
           Mary
           and
           Elizabeth
           are
           continued
           ;
           yet
           if
           the
           King
           ,
           and
           Prince
           Edward
           should
           die
           without
           Heirs
           of
           their
           Bodies
           ,
           
           the
           Crown
           was
           to
           go
           to
           the
           two
           Ladies
           successively
           :
           but
           their
           respective
           interests
           to
           determine
           ,
           if
           they
           did
           not
           perform
           such
           Conditions
           as
           the
           King
           should
           appoint
           .
           And
           in
           case
           of
           failure
           of
           Issue
           ,
           or
           in
           performance
           of
           the
           Conditions
           ,
           
             least
             the
             Realm
             should
             be
             destitute
             of
             a
             lawful
             Governor
             ,
          
           the
           Crown
           was
           to
           go
           as
           the
           King
           should
           appoint
           ,
           in
           such
           manner
           as
           is
           there
           directed
           .
        
         
           The
           a
           Settlement
           by
           Authority
           of
           Parliament
           ,
           28
           H.
           8.
           was
           by
           the
           
             same
             Authority
          
           confirmed
           in
           substance
           35º
           ,
           with
           a
           repetition
           of
           the
           inducement
           to
           place
           in
           the
           King
           a
           Power
           to
           appoint
           a
           Successor
           .
           But
           whoever
           should
           have
           been
           so
           appointed
           ,
           or
           ,
           for
           want
           of
           such
           appointment
           ,
           elected
           by
           the
           Estates
           upon
           a
           vacancy
           ,
           according
           to
           a
           Statute
           25
           H.
           8.
           and
           that
           above
           cited
           1
           H.
           7.
           would
           have
           become
           a
           
             natural
             Lord.
          
           
        
         
           That
           what
           I
           have
           observed
           in
           Acts
           of
           Parliament
           in
           the
           time
           of
           H.
           8.
           proceeded
           not
           from
           the
           prevalence
           of
           any
           Party
           ,
           or
           compliance
           with
           the
           King's
           humour
           ,
           but
           was
           the
           settled
           Judgment
           of
           the
           Learned
           of
           those
           times
           ,
           how
           much
           soever
           divided
           in
           other
           matters
           ,
           may
           appear
           by
           some
           passages
           between
           the
           Learned
           Sir
           
             Thomas
             Moore
          
           ,
           who
           had
           been
           Chancellor
           ,
           and
           Ryche
           then
           
             Solicitor
             General
          
           .
        
         
           Sir
           Thomas
           
             being
             a
             Prisoner
             in
             the
          
           Tower
           ,
           
             for
             not
             owning
             the
          
           King's
           Supremacy
           ,
           Ryche
           ,
           
             to
             perswade
             him
             to
             comply
             ,
             used
             this
             argument
             :
          
           b
           If
           ,
           
             says
             he
          
           ,
           it
           should
           be
           enacted
           ,
           by
           Authority
           of
           Parliament
           ,
           that
           I
           should
           be
           King
           ,
           and
           that
           if
           any
           one
           should
           deny
           it
           ,
           
           it
           should
           be
           Treason
           ,
           
             would
             you
             say
             that
             I
             were
             not
             King
             ?
          
           For
           certain
           ,
           
             adds
             he
          
           ,
           in
           my
           conscience
           this
           would
           be
           no
           offence
           ,
           but
           you
           would
           be
           obliged
           to
           say
           so
           ,
           and
           to
           take
           me
           for
           King
           :
           
           because
           your
           own
           consent
           was
           bound
           by
           the
           Act
           of
           Parliament
           .
        
         
           Sir
           Thomas
           Answers
           ,
           it
           would
           be
           an
           offence
           ,
           if
           he
           should
           say
           he
           
             were
             not
          
           King
           :
           
             because
             he
             should
             be
             bound
             by
             the
             Act
          
           ;
           for
           that
           
             he
             might
             give
             his
             consent
             to
             that
             matter
             .
          
           This
           ,
           he
           said
           ,
           was
           a
           
             light
             case
          
           :
           But
           what
           if
           a
           Parliament
           should
           enact
           ,
           
           That
           
             God
             should
             not
             be
             God
             ?
             Ryche
          
           replies
           ,
           It
           was
           impossible
           God
           should
           not
           be
           God.
           But
           ,
           says
           he
           ,
           because
           your
           case
           from
           God
           is
           sublime
           ,
           I
           will
           propose
           to
           you
           this
           of
           an
           inferior
           Nature
           :
           You
           know
           our
           King
           is
           constituted
           Supream
           Head
           on
           Earth
           of
           the
           Church
           of
           England
           ,
           and
           
           why
           ought
           not
           you
           ,
           
             Master
             Moore
          
           ,
           so
           to
           affirm
           and
           
             take
             him
          
           ,
           as
           well
           as
           in
           the
           case
           above
           ,
           of
           my
           
             being
             made
             King
             ?
             In
             which
             case
             you
             grant
             ,
             that
             you
             would
             be
             obliged
             to
             affirm
             ,
             and
             take
             me
             to
             be
             King.
             Moore
          
           says
           ,
           these
           were
           not
           like
           cases
           ,
           because
           a
           
             a
             King
             may
             be
             made
             by
             Parliament
             ,
             and
             may
             be
             deprived
             by
             Parliament
             :
             to
             which
             Act
             ,
             every
             Subject
             being
             present
             in
             Parliament
             ,
             may
             give
             his
             consent
             :
          
           But
           to
           the
           case
           of
           the
           Primacy
           ,
           he
           cannot
           be
           obliged
           ,
           because
           to
           that
           he
           cannot
           give
           his
           consent
           in
           Parliament
           ,
           &c.
           
           And
           it
           is
           observable
           ,
           that
           tho'
           this
           is
           set
           forth
           in
           the
           Indictment
           against
           Sir
           
             Thomas
             Moore
          
           ,
           it
           is
           only
           used
           as
           proof
           of
           his
           denying
           the
           Supremacy
           ;
           without
           any
           aggravation
           from
           what
           he
           says
           of
           the
           Power
           of
           a
           Parliament
           in
           the
           present
           Question
           .
        
         
           E.
           6.
           b
           succeded
           H.
           8.
           according
           to
           Parliamentary
           Settlements
           ,
           without
           any
           formal
           recognition
           .
        
         
           Nor
           was
           c
           Mary
           ,
           his
           half
           Sister
           ,
           who
           succeeded
           him
           ,
           recognized
           ,
           but
           her
           Parliament
           thought
           it
           for
           her
           Honour
           to
           take
           off
           her
           illegitimation
           ,
           tho'
           that
           was
           not
           necessary
           to
           give
           her
           a
           Right
           to
           the
           Crown
           :
           nor
           did
           that
           Parliament
           use
           any
           expressions
           whereby
           they
           might
           seem
           to
           think
           so
           .
           When
           she
           came
           to
           marry
           Philip
           King
           of
           Spain
           ,
           they
           fully
           asserted
           their
           rightful
           Power
           ;
           all
           the
           marriage
           Articles
           being
           settled
           by
           d
           
             Authority
             of
             Parliament
          
           :
           By
           that
           ,
           Philip
           is
           made
           an
           
             English
             King
          
           :
           e
           Another
           Parliament
           makes
           it
           forfeiture
           of
           Goods
           and
           Chattels
           ,
           and
           perpetual
           Imprisonment
           the
           first
           time
           ,
           and
           High-Treason
           the
           second
           ,
           after
           a
           former
           Conviction
           ,
           maliciously
           to
           maintain
           ,
           that
           either
           of
           them
           ought
           not
           to
           enjoy
           the
           
             Stile
             ,
             Honour
          
           ,
           and
           
             Kingly
             Name
          
           .
        
         
           Her
           Right
           was
           founded
           upon
           the
           express
           limitation
           to
           her
           by
           Authority
           of
           Parliament
           ;
           and
           her
           Husband
           's
           not
           in
           f
           marrying
           her
           ,
           but
           the
           consent
           of
           Parliament
           .
           Upon
           the
           same
           Right
           her
           half
           Sister
           Elizabeth
           succeeded
           her
           .
           By
           that
           good
           Providence
           which
           so
           often
           appear'd
           for
           her
           ,
           Mary
           dying
           g
           while
           a
           Parliament
           was
           sitting
           ;
           
             The
             
               States
               ,
               with
               general
               consent
               ,
               decreed
            
             Elizabeth
             to
             be
             proclaimed
             
               true
               and
               lawful
               Heir
               to
               the
               Crown
               ,
            
             according
             to
             the
             Act
             of
             Succession
             ,
             ,
             35
             H.
             8.
             
          
        
         
         
           And
           in
           the
           Act
           of
           Recognition
           ,
           she
           is
           declared
           ,
           a
           their
           
             rightful
             and
             lawful
             Sovereign
             Leige
             Lady
             and
             Queen
             .
          
        
         
           Soon
           after
           this
           ,
           in
           a
           Letter
           written
           with
           her
           own
           hand
           b
           to
           Ferdinand
           the
           Emperor
           ,
           she
           tells
           him
           that
           she
           by
           God's
           goodness
           succeeded
           her
           Sister
           ,
           
             by
             right
             of
             Inheritance
             ,
             and
             consent
             of
             her
             Subjects
             .
          
        
         
           Tho'
           she
           had
           sufficient
           opportunity
           to
           have
           procured
           an
           Act
           of
           Parliament
           to
           take
           off
           her
           illegitimacy
           ;
           she
           seemed
           with
           wisdom
           to
           decline
           it
           .
        
         
           1.
           
           Because
           the
           
             Authority
             of
             Parliament
          
           ,
           under
           which
           she
           claimed
           ,
           was
           more
           generally
           acknowledged
           in
           those
           days
           in
           relation
           to
           the
           Succession
           of
           the
           Crown
           ,
           than
           in
           voiding
           or
           confirming
           Marriages
           :
           which
           has
           been
           held
           a
           Spiritual
           Matter
           .
        
         
           2.
           
           To
           admit
           that
           she
           owed
           her
           Crown
           wholly
           to
           the
           
             Authority
             of
             Parliament
          
           ,
           could
           not
           but
           be
           more
           popular
           ,
           than
           to
           pretend
           to
           it
           by
           right
           of
           Blood.
           
        
         
           In
           the
           c
           8
           th
           and
           9
           th
           of
           her
           Reign
           ,
           the
           Lords
           addressed
           to
           her
           ,
           that
           a
           Successor
           might
           be
           appointed
           in
           Parliament
           ,
           least
           God
           should
           call
           the
           Queen
           ,
           
             without
             certainty
             of
          
           Succession
           :
           and
           affirm
           ,
           that
           the
           not
           granting
           their
           request
           ,
           would
           
             leave
             the
             Realm
             without
             Government
          
           .
        
         
           In
           the
           d
           13
           th
           of
           her
           Reign
           it
           is
           made
           Treason
           during
           her
           Life
           ,
           and
           forfeiture
           of
           Goods
           and
           Chattels
           after
           her
           death
           ,
           to
           deny
           the
           Power
           of
           Parliament
           to
           limit
           and
           bind
           the
           Crown
           ,
           and
           the
           
             Descent
             ,
             Limitation
             ,
             Inheritance
             ,
             and
             Government
             thereof
          
           ;
           and
           a
           penalty
           is
           set
           upon
           them
           ,
           who
           should
           affirm
           ,
           that
           
             any
             ,
             but
             the
             Issue
             of
             the
             Queen's
             Body
             ,
             had
             right
             to
             succeed
             after
             her
             .
          
        
         
           For
           any
           one
           who
           expected
           the
           Crown
           ,
           to
           pretend
           to
           it
           while
           she
           lived
           ,
           is
           made
           
             disability
             during
             life
             only
          
           :
           but
           by
           a
           e
           subsequent
           Statute
           approving
           and
           explaining
           the
           
             voluntary
             Association
          
           of
           the
           Subjects
           that
           year
           ,
           every
           such
           Person
           is
           excluded
           and
           disabled
           for
           ever
           .
           And
           tho'
           at
           f
           the
           time
           of
           giving
           judgment
           against
           
             Mary
             Queen
             of
             Scots
          
           ,
           it
           was
           declared
           to
           be
           without
           prejudice
           to
           her
           Son
           ;
           that
           could
           not
           hinder
           the
           operation
           of
           the
           Law
           upon
           that
           Statute
           :
           and
           I
           would
           gladly
           know
           how
           he
           could
           have
           any
           right
           ,
           since
           he
           had
           no
           pretence
           as
           a
           special
           Heir
           ,
           under
           any
           Parliamentary
           Settlement
           then
           in
           force
           .
        
         
         
           Upon
           the
           Queen's
           Treaty
           of
           Marriage
           14º
           of
           her
           Reign
           with
           the
           French
           King's
           Brother
           ,
           she
           declared
           a
           that
           
             she
             could
             not
             grant
          
           ,
           
           
             without
             the
             assent
             of
             the
             States
             of
             the
             Realm
             ,
             that
             he
          
           should
           be
           Crowned
           after
           the
           Marriage
           .
        
         
           In
           b
           an
           information
           in
           the
           Exchequer
           21º
           of
           her
           Reign
           ,
           upon
           which
           judgement
           was
           given
           ,
           with
           the
           advice
           of
           the
           Judges
           of
           both
           Benches
           ,
           Lands
           are
           said
           ,
           after
           the
           death
           of
           E
           6.
           to
           have
           come
           to
           
             Queen
             Mary
          
           ,
           as
           
             his
             Sister
             and
             Heir
             ,
             as
             in
             right
             of
             the
             Crown
          
           ;
           and
           so
           from
           her
           to
           
             Queen
             Elizabeth
          
           :
           In
           both
           which
           instances
           ,
           according
           to
           the
           judgment
           of
           that
           time
           ,
           the
           rightful
           Possession
           of
           the
           Crown
           made
           them
           Heirs
           to
           their
           respective
           Predecessors
           :
           notwithstanding
           the
           half
           Blood
           of
           both
           ,
           and
           the
           continuing
           illegitimacy
           of
           one
           of
           them
           .
        
         
           That
           c
           J.
           1.
           could
           not
           rightfully
           succeed
           that
           
             glorious
             Queen
          
           ,
           without
           an
           election
           by
           the
           States
           of
           the
           Kingdom
           ,
           had
           been
           declared
           with
           sufficient
           Authority
           in
           her
           time
           ,
           and
           in
           the
           time
           of
           H.
           8
           th
           .
           and
           without
           such
           Declaration
           would
           appear
           by
           the
           observing
           how
           the
           Law
           stood
           ,
           and
           was
           taken
           in
           all
           former
           times
           .
        
         
           But
           whatever
           right
           was
           ascribed
           to
           him
           after
           he
           got
           Possession
           ;
           his
           Party
           here
           found
           it
           requisite
           to
           set
           d
           up
           a
           will
           or
           nomination
           of
           
             Queen
             Elizabeth
          
           ,
           
           to
           facilitate
           his
           accession
           to
           the
           Throne
           .
        
         
           Then
           with
           a
           new
           strain
           of
           Loyalty
           ,
           
             Judges
             ,
             Lawyers
          
           ,
           and
           Juries
           ,
           concurred
           in
           making
           attempts
           to
           prevent
           his
           coming
           to
           the
           Crown
           ,
           Treason
           :
           the
           like
           of
           which
           ,
           withal
           its
           Circumstances
           had
           not
           been
           known
           in
           any
           Age
           of
           this
           Monarchy
           .
           Tho'
           there
           had
           been
           Treason
           against
           W.
           1.
           before
           his
           actual
           admittance
           to
           the
           Crown
           ,
           it
           was
           ,
           as
           has
           appeared
           above
           ,
           after
           a
           National
           Settlement
           upon
           him
           by
           name
           :
           and
           this
           was
           the
           case
           of
           the
           unfortunate
           
             Lady
             Jane
          
           ,
           and
           others
           who
           set
           l
           er
           up
           against
           Queen
           Mary
           .
           Yet
           that
           complement
           to
           J.
           1.
           was
           but
           suitable
           to
           the
           flattering
           Act
           of
           Recognition
           1º
           of
           his
           e
           Reign
           :
           according
           to
           the
           Preamble
           of
           which
           ,
           immediately
           upon
           the
           decease
           of
           
             Queen
             Elizabeth
          
           ,
           the
           Crown
           did
           by
           
             Inherent
             Birth-right
             ,
             and
             lawful
             ,
             and
             undoubted
             Succession
             ,
             descend
             and
             come
             to
             him
             ;
             as
             lineally
             descended
             from
          
           Margaret
           ,
           
             Daughter
             to
          
        
         
         
           However
           ,
           that
           Parliament
           made
           no
           Law
           in
           the
           Matter
           ,
           and
           ,
           by
           good
           luck
           ,
           left
           the
           constitution
           as
           they
           found
           it
           :
           for
           they
           made
           no
           Settlement
           of
           the
           Crown
           ,
           only
           offered
           that
           recognition
           as
           
             the
             first
             Fruits
             of
             their
             Faith
             to
             him
             ,
             and
             his
             Royal
             Progeny
             ,
             and
             Posterity
             for
             ever
          
           ;
           which
           ,
           if
           it
           had
           been
           a
           Settlement
           ,
           would
           amount
           to
           no
           more
           ,
           than
           what
           had
           been
           usual
           in
           former
           times
           ;
           for
           Parliaments
           to
           make
           a
           branch
           of
           the
           Royal
           Family
           ,
           a
           new
           head
           of
           future
           Successions
           :
           but
           by
           this
           any
           one
           of
           the
           Issue
           ,
           or
           Posterity
           ,
           stood
           fair
           for
           an
           election
           .
        
         
           Yet
           ,
           possibly
           ,
           the
           Parliament
           had
           not
           been
           so
           forward
           with
           these
           Fruits
           of
           their
           Loyalty
           ,
           but
           for
           his
           Speech
           to
           'em
           ,
           wherein
           he
           says
           ,
        
         
           a
           Every
           King
           in
           a
           settled
           Kingdom
           is
           bound
           to
           observe
           the
           Paction
           
           made
           to
           his
           People
           by
           his
           Laws
           ,
           in
           framing
           his
           Government
           agreeable
           thereto
           .
           And
           a
           King
           governing
           in
           a
           settled
           Kingdom
           ,
           leaves
           
             to
             be
             a
             King
             ,
             and
             degenerates
             into
             a
             Tyrant
             ,
          
           as
           soon
           as
           he
           leaves
           off
           governing
           according
           to
           his
           Laws
           .
           In
           which
           case
           the
           King's
           conscience
           may
           speak
           to
           him
           ,
           as
           the
           poor
           Widow
           said
           to
           
             Philip
             of
             Macedon
          
           ;
           either
           govern
           according
           to
           your
           Law
           ,
           
             or
             be
             no
             King.
          
           
        
         
           The
           Parliament
           take
           him
           at
           his
           word
           ,
           and
           grafting
           upon
           it
           ,
           say
           ,
           b
           
             His
             Majesty
             hath
             vouchsafed
             to
             express
             many
             ways
             ,
             how
             far
             it
             is
             ,
             and
             ever
             shall
             be
             from
             his
             Royal
             and
             Sincere
             Care
             and
             Affection
             to
             the
             Subjects
             of
          
           England
           ,
           
             to
             alter
             ,
             or
             innovate
             ,
             the
          
           Fundamental
           ,
           
             and
             ancient
             Laws
             ,
             Priviledges
             ,
             and
             good
             Customs
             ,
             of
             this
             Kingdom
             :
             whereby
             not
          
           only
           his
           Legal
           Authority
           ,
           
             but
             the
             Peoples
             security
             ,
             of
             Lands
             ,
             Livings
             ,
             and
             Priviledges
             ,
             both
             in
             general
             ,
             and
             particular
             ,
             are
             preserved
             and
             maintained
             .
             And
          
           by
           the
           abolishing
           or
           altering
           of
           the
           which
           ,
           it
           is
           impossible
           ,
           but
           that
           present
           confusion
           will
           fall
           ,
           upon
           the
           whole
           state
           and
           frame
           
             of
             this
             Kingdom
          
           .
           Where
           ,
           in
           as
           modest
           terms
           as
           they
           could
           ,
           they
           bid
           the
           King
           ,
           at
           his
           peril
           ,
           to
           violate
           the
           Fundamental
           Laws
           ,
           on
           which
           his
           
             regal
             Authority
          
           depended
           ,
           as
           well
           as
           their
           Rights
           and
           Priviledges
           .
        
         
           But
           that
           King
           soon
           forgot
           upon
           what
           terms
           he
           had
           been
           received
           King
           ;
           and
           ,
           getting
           the
           leading
           Clergy
           on
           the
           side
           of
           his
           
             Divine
             Right
          
           ,
           it
           pass'd
           at
           that
           time
           as
           the
           Doctrine
           of
           the
           Church
           of
           England
           .
        
         
         
           While
           this
           fit
           of
           Loyalty
           lasted
           ,
           C.
           1.
           succeeded
           as
           by
           inherent
           Birthright
           ,
           without
           any
           formal
           recognition
           :
           which
           then
           began
           to
           be
           thought
           needless
           .
           The
           occasions
           of
           the
           War
           between
           him
           and
           his
           Parliament
           ,
           I
           shall
           not
           enquire
           into
           ,
           but
           shall
           content
           my self
           with
           Dean
           a
           Sherlock's
           concession
           ;
           who
           ,
           
             as
             he
             will
             not
             dispute
             the
             lawfullness
             of
             resisting
             the
             King's
             Authority
             ,
             and
             whether
             it
             were
             lawful
             for
             the
             Parliament
             to
             take
             Arms
             against
             the
             King
             ,
             to
             desend
             the
             Laws
             ,
             and
             Liberties
             of
             their
             Country
          
           ;
           admits
           that
           they
           had
           a
           b
           
             right
             to
             keep
             the
             King
             within
             the
             boundaries
             of
             Law
             :
          
           these
           C.
           1.
           apparently
           broke
           ;
           and
           where
           there
           is
           no
           c
           Tribunal
           on
           Earth
           to
           appeal
           to
           ,
           the
           Dean
           allows
           use
           of
           the
           Sword.
           But
           whatever
           was
           the
           consequence
           of
           that
           War
           ,
           there
           has
           been
           no
           reason
           for
           the
           Pulpits
           to
           sound
           to
           loud
           ,
           and
           long
           as
           they
           have
           done
           ,
           with
           ,
           denunciations
           of
           God's
           wrath
           ,
           but
           ,
           indeed
           ,
           the
           Clergies
           ,
           against
           this
           Kingdom
           ,
           for
           what
           hapned
           in
           a
           War
           ,
           for
           which
           the
           Parliament
           and
           People
           ,
           who
           would
           not
           have
           carried
           the
           Point
           so
           far
           ,
           as
           it
           unhappily
           went
           ,
           are
           not
           to
           answer
           .
           C.
           1.
           dying
           a
           deplorable
           death
           ,
           the
           Nation
           was
           left
           without
           the
           exercice
           of
           any
           Legal
           Government
           ,
           till
           the
           Restoration
           of
           C.
           2.
           who
           was
           accounted
           King
           from
           the
           death
           of
           his
           Father
           .
        
         
           But
           by
           what
           Law
           ,
           or
           in
           what
           respect
           is
           worth
           enquiry
           ,
           and
           will
           it
           appear
           .
        
         
           1.
           
           That
           the
           supposed
           Maxim
           that
           the
           King
           never
           dies
           ,
           d
           is
           of
           very
           late
           and
           doubtful
           Authority
           ,
           in
           comparison
           with
           those
           which
           shew
           that
           no
           Man
           was
           ,
           or
           ought
           to
           be
           accounted
           King
           ,
           till
           he
           had
           been
           formally
           recognized
           .
        
         
           2.
           
           Yet
           tho'
           this
           should
           be
           true
           ,
           when
           any
           Prince
           succeeds
           in
           vertue
           of
           a
           Settlement
           ,
           made
           in
           the
           Ancestor's
           life
           time
           ;
           it
           will
           not
           be
           so
           where
           there
           has
           been
           none
           ,
           as
           was
           the
           case
           of
           C.
           2.
           
        
         
           3.
           
           If
           one
           should
           in
           the
           eye
           of
           Law
           be
           King
           immediately
           upon
           the
           death
           of
           an
           other
           ,
           it
           would
           not
           follow
           that
           this
           would
           be
           by
           a
           strict
           right
           of
           descent
           ;
           but
           that
           after
           the
           being
           admitted
           King
           ,
           there
           should
           be
           a
           relation
           backwards
           ,
           to
           prevent
           the
           loss
           of
           any
           rights
           belonging
           to
           the
           Crown
           :
           and
           thus
           it
           was
           plainly
           taken
           by
           the
           Chief
           Justices
           Dyer
           e
           and
           Anderson
           ,
           who
           say
           ,
           that
           the
           King
           who
           is
           
             Heir
             ,
             or
             Successor
          
           ,
           may
           write
           and
           begin
           his
           Reign
           ,
           the
           same
           day
           that
           his
           Progenitor
           ,
           or
           Predecessor
           ,
           died
           .
        
         
         
           And
           agreeably
           to
           this
           ,
           it
           was
           the
           resolution
           of
           all
           the
           Judges
           of
           the
           
             King's
             Bench
          
           in
           Elizabeth's
           time
           ,
           that
           a
           saving
           to
           
             a
             King
             and
             his
             Heirs
          
           ,
           shall
           go
           to
           a
           Successor
           of
           the
           Crown
           ,
           tho'
           not
           Heir
           to
           that
           King.
           
        
         
           That
           J.
           2.
           made
           too
           great
           haste
           to
           succeed
           his
           Brother
           C.
           2.
           now
           at
           least
           Men
           will
           be
           apt
           to
           believe
           :
           of
           whom
           I
           shall
           observe
           only
           in
           short
           ,
        
         
           1.
           
           That
           he
           was
           within
           no
           
             Parliamentary
             Settlement
          
           of
           the
           Crown
           then
           in
           force
           .
        
         
           2.
           
           The
           best
           pretence
           J.
           2.
           had
           of
           coming
           to
           the
           Crown
           without
           an
           immediate
           election
           ,
           must
           have
           been
           the
           Settlement
           1º
           H.
           7.
           
           But
           no
           shadow
           of
           reason
           can
           be
           assigned
           ,
           why
           the
           late
           Act
           of
           Settlement
           was
           not
           as
           rightful
           ,
           and
           with
           as
           true
           Authority
           ,
           as
           that
           1º
           H.
           7.
           
        
         
           3.
           
           J.
           2.
           being
           reconciled
           to
           the
           Sea
           of
           Rome
           ,
           which
           is
           High
           Treason
           by
           a
           our
           Law
           ,
           and
           for
           which
           he
           had
           been
           convicted
           in
           his
           Brother's
           time
           ,
           
           if
           the
           Indictment
           had
           not
           been
           arbitrarily
           defeated
           ,
           was
           as
           much
           disabled
           from
           succeeding
           to
           the
           Crown
           ,
           as
           the
           Family
           of
           
             George
             Duke
             of
             Clarence
          
           ,
           by
           reason
           of
           that
           Duke's
           attainder
           .
        
         
           4.
           
           Admit
           the
           
             assuming
             the
             Royal
             Dignity
          
           ,
           had
           purged
           the
           former
           disability
           ;
           the
           continuing
           a
           Papist
           was
           a
           constant
           incapacity
           to
           be
           the
           Head
           of
           this
           Protestant
           Church
           ,
           
           and
           Kingdom
           ;
           rendring
           it
           impracticable
           for
           him
           to
           answer
           the
           end
           for
           which
           our
           Kings
           had
           been
           constituted
           .
           
        
         
           5.
           
           He
           was
           never
           duely
           invested
           with
           the
           
             Royal
             Dignity
          
           b
           not
           having
           taken
           the
           appointed
           Coronation-Oath
           :
           which
           for
           his
           sake
           ,
           was
           traiterously
           altered
           ;
           with
           an
           omission
           of
           the
           Rights
           of
           the
           People
           ,
           and
           an
           unjustifiable
           Salvo
           for
           Prerogative
           .
           Nor
           was
           he
           ever
           fully
           recognized
           .
        
         
           6.
           
           By
           
             seizing
             the
             Customs
             ,
             and
             raising
             Taxes
             ,
             without
             Authority
             of
             Parliament
             ,
             dispensing
             with
             the
             Laws
             of
             the
             Kingdom
             ,
             raising
             and
             keeping
             a
             standing
             Army
             in
             the
             time
             of
             Peace
             ,
          
           and
           the
           like
           enormities
           ;
           he
           violated
           that
           constitution
           which
           should
           have
           made
           or
           kept
           him
           King
           :
           and
           if
           he
           ever
           was
           King
           ,
           more
           than
           Harold
           ,
           the
           Son
           of
           Earl
           Godwin
           ,
           manifestly
           ceased
           to
           be
           King
           ,
           before
           his
           abdication
           .
        
         
         
           7.
           
           However
           it
           may
           have
           been
           at
           his
           first
           leaving
           the
           Kingdom
           ,
           without
           any
           other
           Government
           ,
           than
           what
           ,
           according
           to
           ancient
           Custom
           ,
           fell
           upon
           the
           
             States
             of
             the
             Kingdom
          
           ;
           he
           ,
           having
           since
           discovered
           a
           settled
           intention
           to
           destroy
           the
           People
           of
           England
           ,
           or
           the
           greater
           part
           of
           'em
           ,
           by
           a
           Foreign
           Power
           ,
           with
           their
           Party
           here
           ;
           according
           a
           to
           those
           Casuists
           who
           are
           most
           favourable
           to
           such
           rights
           as
           he
           has
           claimed
           ;
           from
           the
           time
           ,
           at
           least
           ,
           of
           his
           manifesting
           such
           intention
           ,
           
           he
           ceased
           to
           be
           King
           :
           and
           His
           present
           Majesty
           having
           been
           regularly
           declared
           King
           ;
           the
           other
           is
           totally
           barred
           from
           all
           claim
           ,
           and
           colour
           of
           pretence
           .
        
         
           How
           great
           a
           noise
           soever
           some
           make
           for
           him
           since
           his
           flight
           after
           their
           deseting
           him
           ;
           the
           greatest
           sticklers
           for
           his
           suppos'd
           
             rightful
             Authority
          
           ,
           being
           disappointed
           of
           their
           sanguine
           expectations
           ,
           warmly
           opposed
           his
           exercice
           of
           those
           rights
           to
           which
           their
           servillity
           had
           encouraged
           him
           :
           the
           very
           Bishops
           ,
           who
           for
           his
           sake
           have
           set
           up
           for
           heads
           under
           him
           of
           a
           
             separate
             Church
          
           ;
           not
           only
           disobeyed
           his
           b
           positive
           commands
           in
           matters
           which
           at
           other
           times
           ,
           at
           least
           in
           things
           of
           the
           like
           nature
           ,
           they
           would
           have
           contended
           to
           belong
           to
           his
           Headship
           of
           the
           Church
           ;
           but
           c
           they
           would
           have
           limited
           his
           Power
           little
           less
           than
           the
           19
           Propositions
           to
           C.
           1.
           which
           they
           had
           long
           seem'd
           to
           abhor
           .
        
         
           Some
           of
           their
           Party
           ,
           if
           not
           themselves
           ,
           joyn'd
           in
           solliciting
           his
           
             present
             Majesty
          
           to
           undertake
           our
           Deliverance
           :
           and
           a
           certain
           Person
           who
           would
           be
           thought
           never
           to
           have
           departed
           from
           their
           Principles
           ,
           is
           said
           to
           have
           gone
           so
           far
           as
           to
           sign
           the
           invitation
           :
           tho'
           upon
           second
           thoughts
           he
           desired
           to
           have
           his
           name
           scratch'd
           out
           .
        
         
           The
           Bishops
           being
           required
           to
           sign
           d
           an
           abhorrence
           of
           that
           enterprize
           ,
           absolutely
           refused
           it
           .
           Their
           Archbishop
           was
           one
           of
           them
           who
           e
           petitioned
           his
           
             present
             Majesty
          
           to
           take
           the
           Government
           upon
           him
           ,
           before
           the
           
             late
             King
          
           left
           England
           :
           and
           Non-assistance
           to
           their
           
             jure
             Divino
          
           King
           ,
           was
           become
           as
           Catholick
           Doctrine
           as
           Non-resistance
           .
        
         
           During
           this
           time
           the
           designs
           of
           the
           Party
           were
           kept
           secret
           ,
           but
           the
           People
           began
           to
           hope
           well
           of
           the
           Body
           of
           the
           
             English
             Clergy
          
           ;
           believing
           them
           ,
           by
           a
           wonderful
           providence
           ,
           to
           be
           reformed
           in
           their
           Principles
           of
           Government
           ,
           with
           which
           they
           had
           brought
           a
           scandal
           upon
           the
           Reformation
           .
        
         
         
           But
           the
           Convention
           meeting
           ,
           to
           provide
           for
           the
           Peace
           and
           Settlement
           of
           the
           Nation
           ;
           it
           then
           appear'd
           ,
           that
           the
           mighty
           Zealots
           for
           the
           Monarchy
           ,
           were
           only
           for
           setting
           up
           themselves
           ;
           and
           in
           truth
           ,
           would
           have
           no
           Sovereignty
           but
           in
           the
           Church
           ,
           as
           they
           called
           their
           Faction
           :
           for
           as
           they
           would
           not
           have
           his
           present
           Majesty
           to
           be
           King
           ,
           but
           a
           Regent
           ,
           or
           Officer
           for
           the
           interim
           ,
           till
           the
           
             late
             King
          
           ,
           should
           come
           to
           their
           terms
           :
           neither
           did
           they
           truly
           own
           him
           for
           their
           King
           ;
           whom
           they
           neither
           would
           assist
           as
           Subjects
           ,
           nor
           consult
           in
           choosing
           a
           new
           Government
           .
        
         
           However
           ,
           the
           Throne
           having
           ,
           according
           to
           former
           Presidents
           ,
           and
           the
           plain
           right
           of
           the
           Kingdom
           ,
           been
           declared
           a
           vacant
           ,
           upon
           King's
           breach
           of
           the
           
             original
             contracts
          
           ,
           and
           
             abdication
             ;
             the
             Lords
             and
             Commons
             ,
          
           reciting
           many
           particulars
           of
           his
           misgovernment
           ,
           b
           
             resolve
             that
          
           William
           and
           Mary
           ,
           
             Prince
             and
             Princess
             of
          
           Orange
           ,
           
             be
             ,
             and
             be
             declared
             ,
             King
             and
             Queen
             :
          
           and
           make
           a
           farther
           Settlement
           of
           the
           Crown
           .
        
         
           They
           having
           accepted
           the
           Crown
           ,
           c
           the
           Lords
           and
           Commons
           ,
           together
           with
           the
           Mayor
           and
           Citizens
           of
           London
           ,
           and
           others
           of
           the
           Commons
           of
           this
           Realm
           ,
           with
           full
           consent
           ,
           publish
           and
           proclaim
           William
           and
           Mary
           ,
           Prince
           and
           Princess
           of
           Orange
           ,
           to
           be
           King
           and
           Queen
           of
           
             England
             ,
             France
          
           ,
           and
           Ireland
           ;
           and
           in
           the
           Proclamation
           ,
           own
           
             
               a
               miraculous
               deliverance
            
             from
             
               Popery
               ,
               and
               Arbitrary
               Power
            
             ;
             and
             that
             our
             preservation
             is
             due
             ,
             next
             under
             God
             ,
             to
             the
             resolution
             and
             conduct
             of
             
               His
               Highness
               the
               Prince
               of
               Orange
               ,
            
             whom
             God
             hath
             chosen
             to
             be
             the
             Glorious
             Instrument
             of
             an
             inestimable
             Happiness
             ,
             to
             us
             and
             our
             Posterity
             .
          
        
         
           A
           Parliament
           
             called
             soon
             after
          
           ,
           d
           
             declares
             ,
             and
             enacts
          
           ,
           that
           they
           do
           recognize
           and
           acknowledge
           ,
           that
           Their
           Majesties
           are
           ,
           and
           of
           Right
           ought
           to
           be
           ,
           by
           the
           Laws
           of
           this
           Realm
           ,
           their
           Sovereign
           Liege
           Lord
           and
           Lady
           ,
           King
           and
           Queen
           of
           England
           ,
           &c.
           in
           ,
           and
           to
           whose
           Princely
           Persons
           ,
           the
           Royal
           State
           ,
           Crown
           and
           Dignity
           of
           the
           said
           Realms
           ,
           with
           all
           Honours
           ,
           Prerogatives
           ,
           &c.
           are
           fully
           ,
           rightfully
           ,
           and
           entirely
           ,
           Invested
           ,
           Incorporated
           ,
           United
           ,
           and
           Annexed
           .
        
         
           Notwithstanding
           which
           ,
           many
           who
           have
           sworn
           to
           
             bear
             Faith
             and
             true
             Allegiance
          
           to
           
             King
             William
          
           ,
           will
           be
           wiser
           than
           the
           Law
           ,
           not
           only
           declared
           by
           this
           Act
           of
           Parliament
           ,
           but
           
           by
           several
           in
           former
           Reigns
           ;
           and
           with
           a
           gross
           Jesuitical
           evasion
           ,
           without
           any
           colour
           of
           foundation
           in
           Law
           or
           Reason
           ,
           pretend
           that
           they
           have
           sworn
           to
           
             K.
             William
          
           only
           as
           
             King
             in
             Fact
          
           ;
           but
           that
           another
           was
           
             rightful
             King
          
           at
           the
           same
           time
           .
        
         
           This
           groundless
           and
           wicked
           distinction
           ,
           appears
           to
           have
           engaged
           some
           Men
           in
           an
           horrid
           and
           barbarous
           Plot
           against
           his
           
             Majesty's
             Person
          
           and
           Government
           ,
           tho'
           they
           had
           sworn
           to
           be
           
             true
             and
             faithful
             to
             him
          
           :
           and
           it
           seems
           ,
           by
           the
           case
           of
           Sir
           
             John
             Perkins
          
           ,
           that
           neither
           he
           ,
           nor
           his
           Casuists
           ,
           thought
           the
           Oath
           to
           
             King
             William
          
           any
           departure
           from
           the
           Allegiance
           to
           
             King
             James
          
           :
           nor
           the
           design
           of
           
             Assassinating
             King
             William
          
           ,
           any
           breach
           of
           the
           Oath
           to
           him
           .
        
         
           Since
           therefore
           the
           deceit
           has
           taken
           rise
           from
           the
           supposition
           ,
           that
           the
           late
           King
           continues
           King
           of
           Right
           ,
           together
           with
           the
           general
           terms
           of
           the
           Oath
           ,
           which
           are
           pretended
           to
           leave
           a
           latitude
           for
           this
           illegal
           and
           nonsensical
           supposition
           ;
           and
           an
           Oath
           more
           explicit
           has
           been
           artfully
           kept
           off
           ;
           a
           voluntary
           Declaration
           
             that
             his
             present
             Majesty
             ,
             King
          
           William
           ,
           is
           
             Rightful
             and
             Lawful
             King
             of
             these
             Realms
             ,
          
           as
           it
           is
           fully
           warranted
           by
           the
           fundamental
           constitution
           of
           this
           Government
           ,
           is
           ,
           at
           this
           time
           ,
           become
           a
           necessary
           duty
           ;
           when
           it
           is
           evident
           to
           the
           World
           ,
           what
           they
           who
           are
           of
           a
           contrary
           Opinion
           ,
           will
           act
           ,
           as
           they
           have
           opportunity
           .
           But
           to
           engage
           to
           stand
           by
           and
           assist
           each
           other
           in
           the
           defence
           of
           His
           Majesty's
           Person
           and
           Government
           ,
           is
           not
           more
           a
           consequence
           of
           the
           declaring
           him
           rightful
           and
           lawful
           King
           ;
           than
           it
           is
           implied
           in
           the
           Oath
           of
           Allegiance
           appointed
           by
           the
           Act
           of
           Parliament
           which
           settles
           the
           Crown
           ;
           and
           ,
           however
           ,
           the
           Common-Law
           Oath
           ,
           and
           the
           legal
           sense
           of
           Allegiance
           ,
           manifestly
           require
           it
           .
        
         
           If
           any
           who
           have
           taken
           the
           Oath
           of
           Allegiance
           ,
           to
           his
           present
           Majesty
           ,
           scruple
           to
           associate
           ,
           because
           of
           the
           declaring
           
             His
             Majesty
          
           to
           be
           
             rightful
             and
             lawful
             King
          
           ;
           it
           is
           evident
           ,
           that
           they
           prevaricated
           when
           they
           swore
           .
           If
           they
           questioned
           the
           legality
           of
           entring
           into
           this
           before
           there
           was
           a
           positive
           Law
           for
           it
           ;
           't
           is
           certain
           ,
           they
           have
           been
           little
           acquainted
           with
           the
           Common-Law
           Oath
           of
           Allegiance
           ,
           and
           the
           warrantable
           Presidents
           of
           former
           times
           ;
           according
           to
           which
           ,
           the
           a
           
             late
             Act
             ,
             late
             Act
          
           ,
           which
           enjoyns
           some
           to
           Sign
           the
           
           Association
           ,
           not
           only
           gives
           it
           Sanction
           for
           the
           future
           ;
           but
           ,
           with
           express
           relation
           to
           its
           being
           voluntarily
           enter'd
           into
           ,
           by
           great
           numbers
           of
           His
           Majesty's
           Subjects
           ,
           declares
           that
           
             it
             is
             good
             and
             lawful
          
           .
        
         
           And
           any
           Man
           who
           impartially
           weighs
           what
           I
           have
           laid
           together
           from
           Records
           ,
           and
           other
           Authentick
           Memorials
           of
           pass'd
           times
           ,
           must
           own
           ,
           that
           it
           is
           ,
           with
           full
           and
           indubitable
           Authority
           ,
           enacted
           ,
           That
           
             if
             any
             person
             or
             persons
             shall
             maliciously
             ,
             by
             
               Writing
               ,
               Printing
               ,
               Preaching
               ,
               Teaching
               ,
            
             or
             advised
             speaking
             ,
             utter
             ,
             publish
             ;
             or
             declare
             ,
             that
             His
             
               present
               Majesty
            
             is
             not
             
               the
               lawful
               and
               rightful
               King
               of
               these
               Realms
            
             ;
             or
             that
             the
             
               late
               King
               James
            
             ,
             or
             
               the
               pretended
               Prince
               of
            
             Wales
             ,
             hath
             
               any
               Right
               or
               Title
               to
               the
            
             Crown
             of
             these
             Realms
             ;
             or
             that
             any
             other
             person
             or
             persons
             hath
             ,
             or
             
               have
               any
               right
            
             or
             title
             to
             the
             same
             ,
             otherwise
             than
             according
             to
             an
             Act
             of
             Parliament
             made
             in
             the
             first
             year
             of
             the
             Reign
             of
             His
             
               present
               Majesty
            
             ,
             and
             
               the
               late
               Queen
            
             ,
             Intituled
             ,
             
               An
               Act
               declaring
               the
               Rights
               and
               Liberties
               of
               the
               Subject
               ,
               and
               settling
               the
               Succession
               of
               the
               Crown
            
             ;
             such
             person
             or
             persons
             ,
             being
             thereof
             lawfully
             Convicted
             ,
             shall
             incur
             the
             danger
             and
             penalty
             of
             Praemunire
             .
          
        
         
           To
           imagine
           that
           after
           all
           this
           ,
           the
           late
           King
           either
           is
           ,
           or
           ought
           to
           be
           King
           ,
           is
           to
           flight
           all
           Authorities
           ,
           Ancient
           as
           well
           as
           Modern
           .
        
         
           Which
           leads
           me
           to
           the
           Nature
           of
           our
           Lawyer
           's
           offence
           ,
           
           who
           ,
           before
           the
           Act
           for
           the
           Security
           of
           His
           Majesty's
           Person
           and
           Government
           ,
           held
           the
           Signing
           the
           Association
           to
           be
           an
           Overt-Act
           of
           Treason
           against
           the
           King
           
             de
             Jure
          
           :
           which
           ,
           as
           has
           appeared
           above
           ,
           tends
           manifestly
           to
           depose
           and
           unking
           His
           
             present
             Majesty
          
           ,
           as
           in
           the
           Eye
           of
           the
           Law
           there
           is
           but
           
             one
             King
          
           ,
           and
           he
           is
           the
           only
           King
           
             de
             Jure
          
           .
        
         
           Besides
           ,
           this
           Gentleman
           admits
           ,
           That
           by
           the
           Statute
           11
           H.
           7.
           
           Allegiance
           is
           due
           to
           a
           King
           
             in
             Fact
          
           ,
           and
           that
           the
           Oath
           of
           Allegiance
           was
           to
           be
           taken
           to
           him
           :
           nor
           can
           pretend
           that
           there
           ever
           ,
           till
           of
           late
           ,
           was
           any
           other
           Oath
           but
           what
           expresly
           obliged
           to
           the
           Defence
           of
           the
           
             King
             and
             Kingdom
          
           against
           all
           Men
           :
           therefore
           in
           consequence
           of
           his
           own
           Notion
           he
           must
           grant
           ,
           that
           to
           contend
           that
           there
           may
           be
           Treason
           against
           any
           other
           but
           the
           King
           for
           the
           
           
             time
             being
          
           ,
           is
           to
           suppose
           two
           contrary
           Allegiances
           ;
           and
           therein
           to
           depart
           from
           that
           Allegiance
           which
           was
           due
           ,
           even
           by
           his
           own
           interpretation
           of
           the
           Statute
           11
           H.
           7.
           
           But
           it
           being
           evident
           ,
           that
           by
           that
           Statute
           ,
           and
           the
           whole
           course
           of
           the
           Common
           Law
           ,
           there
           is
           but
           
             one
             King
          
           ,
           I
           need
           not
           tell
           him
           the
           Crime
           of
           publishing
           a
           written
           Opinion
           ,
           manifestly
           importing
           an
           endeavour
           to
           Depose
           him
           .
        
         
           If
           this
           had
           been
           delivered
           only
           in
           Words
           ,
           it
           is
           well
           known
           who
           used
           his
           Oratory
           to
           make
           words
           alone
           Treason
           ,
           within
           the
           Statute
           25
           E.
           3.
           for
           which
           I
           may
           refer
           him
           to
           the
           Trial
           of
           the
           now
           Earl
           of
           Macclesfield
           ,
           in
           the
           beginning
           of
           the
           late
           King's
           Reign
           :
           and
           to
           the
           Author
           of
           
             the
             Magistracy
             and
             Government
             Vindicated
          
           .
        
         
           But
           as
           the
           Opinion
           was
           written
           ;
           he
           may
           well
           know
           from
           what
           late
           Authority
           ,
           
             Soribere
             est
             agere
          
           ,
           is
           become
           a
           Maxim
           ,
           or
           Proverbial
           .
        
         
           Nor
           can
           he
           deny
           the
           Words
           to
           be
           within
           the
           reason
           of
           what
           the
           Court
           held
           a
           in
           Flower
           's
           Case
           ,
           of
           a
           Man's
           affirming
           the
           King
           to
           be
           a
           Bastard
           ;
           or
           that
           
             another
             had
             better
             Tittle
             to
             the
             Crown
             :
             because
             it
             may
             draw
             the
             Subjects
             from
             their
             Allegiance
             ,
             and
             beget
             Mutiny
             in
             the
             Realm
             :
          
           or
           Owen's
           Case
           ,
           of
           declaring
           it
           Lawful
           to
           kill
           the
           King
           being
           b
           Excommunicated
           by
           the
           Pope
           :
           both
           which
           ,
           not
           to
           mention
           more
           of
           the
           like
           kind
           ,
           were
           adjudged
           High-Treason
           .
           According
           to
           the
           Print
           of
           the
           later
           Case
           ,
           it
           would
           seem
           that
           Words
           alone
           made
           the
           Treason
           '
           ;
           but
           it
           appears
           ,
           by
           a
           c
           
             MS.
             
             Report
          
           of
           one
           who
           had
           been
           
             Attorney
             General
          
           ,
           and
           afterwards
           
             Chief
             Justice
          
           of
           the
           Common-Pleas
           ,
           that
           Owen's
           Subscribing
           his
           Confession
           of
           what
           he
           had
           publickly
           declared
           ,
           was
           given
           in
           Evidence
           as
           the
           Overt-Act
           .
        
         
           But
           if
           any
           Lawyer
           ,
           who
           has
           labour'd
           to
           make
           Treason
           of
           Words
           alone
           ;
           or
           Writing
           alone
           ,
           without
           Publication
           ;
           or
           Signing
           an
           Association
           to
           defend
           the
           King
           for
           the
           
             time
             being
          
           ,
           against
           one
           who
           
             had
             been
             King
          
           ,
           but
           
             is
             not
          
           ;
           should
           appear
           ,
           not
           only
           to
           have
           Written
           ,
           or
           Signed
           ,
           the
           Opinion
           above
           ,
           after
           a
           Discourse
           shewing
           to
           what
           Persons
           it
           related
           ;
           but
           to
           have
           publish'd
           this
           ;
           and
           to
           have
           Solicited
           Men
           not
           to
           Subscribe
           the
           Association
           ,
           upon
           those
           ,
           or
           the
           like
           topicks
           ;
           should
           he
           be
           Convicted
           of
           High-Treason
           against
           
             our
             Sovereign
             Lord
             the
             King
          
           ;
           it
           would
           be
           difficult
           not
           to
           apply
           that
           of
           the
           Poet
           ,
        
         
           
             —
             Nec
             lex
             est
             justior
             ulla
             ,
          
           
             Quam
             necis
             artifices
             arte
             perire
             suâ
             .
          
           
             None
             can
             the
             Justice
             of
             that
             Law
             deny
             ,
          
           
             By
             which
             ,
             who
             strain'd
             it
             against
             others
             ,
             dye
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A26178-e420
           
             The
             Opinion
             .
          
           
             No
             Treason
             against
             any
             King
             but
             the
             Regnant
             ,
             nor
             has
             any
             other
             Person
             Right
             against
             him
             or
             his
             Issue
             .
          
           
             3
             Inst
             .
             F.
             7.
             
          
           
             a
             Hales's
             Pleas
             of
             the
             Crown
             ,
             p.
             11.
             
          
           
             b
             Nota
             ,
             In
             the
             Act
             1
             H.
             7.
             restoring
             H.
             6.
             of
             the
             younger
             House
             ,
             His
             Eldest
             Son
             Edward
             ,
             who
             died
             in
             his
             life
             time
             ,
             is
             called
             Prince
             of
             Wales
             .
             Rot.
             Parl.
             1
             H.
             7.
             
             N.
             16.
             
          
           
             c
             3
             Inst
             .
          
           
             Proof
             of
             the
             2d
             and
             3d
             General
             Heads
             ,
             Stat.
             11.
             
             H.
             7.
             c.
             1.
             
          
           
             Vid.
             Leges
             W.
             1.
             c.
             52.
             de
             fide
             &
             obsequio
             erga
             Regem
             .
          
           
             Cap.
             58.
             
          
           
             Proof
             of
             the
             3d.
             General
             Head.
             
          
           
             Vid.
             Printed
             Stat.
             1
             H.
             7.
             
          
           
             *
             Ret.
             Parl.
             1
             H.
             7.
             n.
             3.
             
          
           
             †
             Vid.
             Abridg.
             Stat.
             usque
             ad
             15
             H.
             8.
             
          
           
             ‖
             Stat.
             1
             H.
             7.
             
             &
             6.
             
          
           
             Vid.
             Inf.
             
          
           
             Ret.
             Parl.
             1
             H.
             7.
             n.
             16.
             
             Restitutio
             H.
             6.
             
          
           
             Obj.
             
          
           
             3
             d.
             Proof
             of
             the
             4
             th
             .
             and
             5
             th
             .
             General
             Heads
             .
          
           
             Bede
             Lib.
             1.
             cap.
             1.
             
             Vbires
             veniret
             in
             dubium
             magis
             de
             foemineâ
             ,
             regum
             prosapiâ
             ,
             quam
             de
             masculinâ
             fibi
             eligerent
             .
          
           
             a
             Lib.
             5.
             c.
             24.
             
             An.
             725.
             
          
           
             b
             Lib.
             4.
             c.
             11.
             
          
           
             Susceperunt
             Subreguli
             regnum
             gentis
             ,
             &
             divisum
             inter
             se
             tenuerunt
             annis
             circiter
             decem
             .
          
           
             c
             Ib.
             c.
             12.
             
          
           
             d
             An.
             730.
             
          
           
             Cart.
             Orig.
             in
             Eib.
             Cot.
             
          
           
             e
             Bede
             Lib.
             4.
             c.
             26.
             
             Circiter
             an
             .
             685.
             
             Per
             aliquod
             spatium
             reges
             dubii
             ,
             vel
             externi
             disperdiderunt
             ,
             donec
             legitimus
             Rex
             Victred
             &c.
             
          
           
             f
             Mon.
             1.
             vol.
             f.
             28.
             
             An.
             764.
             
          
           
             g
             Ib.
             col
             .
             1.
             
          
           
             An.
             762.
             
          
           
             Ib.
             col
             .
             2.
             alt
             .
             cart
             .
          
           
             h
             Cart.
             Orig.
             in
             Bib.
             Cot.
             
          
           
             i
             An.
             699.
             
          
           
             k
             Leges
             S●i
             Edw.
             Lamb.
             Arch.
             &
             Bib.
             Cot.
             sub
             .
             effig
             .
             Claud.
             D.
             
          
           
             k
             Cron.
             Sax.
             nuper
             ed.
             Cujus
             prosapia
             oriunda
             est
             Cerdico
             .
          
           
             l
             Malms
             f.
             7.
             
          
           
             Quam
             successivae
             sobolis
             prosapia
             .
          
           
             m
             Non
             parum
             lineâ
             Regiae
             stirpis
             exexorbitaverunt
             .
          
           
             n
             Cron.
             Sax.
             p.
             16
             ,
             &
             61.
             
          
           
             o
             Cron.
             Sax.
             &
             Bromton
             col
             .
             770.
             super
             populum
             &
             regnum
             elegerunt
             .
          
           
             p
             Spelm.
             Conc.
             1.
             vol.
             f.
             291
             ,
             292.
             
          
           
             q
             Fund
             .
             Const
             .
             1.
             part
             .
             f.
             80.
             
          
           
             r
             Bracton
             l.
             2.
             c.
             29.
             
          
           
             Concil
             .
             Calchuthense
             Legantinum
             &
             Pananglicum
             An.
             787.
             
          
           
             Haeres
             Patriae
             .
          
           
             An.
             800.
             vel
             Potius
             801.
             
          
           
             s
             Cart.
             in
             Regist
             .
             Ab.
             Bib.
             Cot.
             Claud.
             B.
             Cum
             licentià
             &
             consensu
             totius
             gentis
             nostre
             ,
             &c.
             
          
           
             t
             Few
             Historians
             take
             notice
             of
             him
             vid.
             tamen
             Bib.
             Cot.
             
          
           
             Domitian
             A.
             8.
             
             Sax.
             &
             Lat.
             which
             shews
             him
             to
             have
             been
             King
             of
             
               Kent
               ,
               Surrey
            
             .
             and
             Suffex
             .
          
           
             x
             Evid
             .
             Ec.
             Cant.
             inter
             Decem
             script
             .
             col
             .
             2220.
             
          
           
             y
             Bib.
             Cot.
             Julius
             D.
             2.
             f.
             125.
             a
             
          
           
             z
             Vid.
             Cart.
             Orig.
             in
             Bib.
             
          
           
             Cot.
             eod
             .
             An.
             Egbert
             &
             Ethelwolf
             acting
             together
             ,
             both
             Kings
             .
          
           
             a
             Mon.
             1.
             vol.
             f.
             195.
             
             An.
             843.
             
             Welding
             ealle
             Britone
             .
          
           
             b
             Asser
             Men.
             ending
             with
             the
             life
             of
             King
             Alfred
             f.
             156.
             
          
           
             c
             Nic.
             Gloc.
             in
             Bib.
             Cot.
             Caligula
             .
             A.
             Ending
             with
             the
             life
             of
             Ethelwolf
             .
          
           
             d
             Rituale
             in
             Bib.
             Cot.
             Coronat
             Ethelredi
             &
             H.
             1.
             
          
           
             e
             Pictav
             .
             de
             Gestis
             ejus
             f.
             205.
             
          
           
             f
             An.
             855.
             
          
           
             g
             Bib.
             Cot.
             Tiber.
             B.
             Albas
             Floriacencis
             .
          
           
             h
             Exantiq
             .
             Sax.
             nobili
             prosapia
             oriundus
             ,
             &c.
             Omnium
             comprovincialium
             .
          
           
             i
             Exgeneris
             Successione
             
          
           
             i
             Asser
             Men.
             
          
           
             k
             Cron.
             de
             Mailros
             .
          
           
             l
             Bradies
             Introd
             .
             f.
             359.
             
          
           
             m
             Asser
             Epistola
             haereditaria
             immo
             commendatoria
             .
          
           
             n
             Append.
             vitae
             Alfredi
             .
          
           
             o
             Ita
             Haereditas
             Aethelwolfis
             Rs.
             primei
             ad
             me
             devoluta
             est
             ,
             per
             cartam
             inde
             confectam
             in
             concilio
             nostro
             apud
             Langedene
             .
          
           
             p
             Ethelwerdi
             Cron.
             f.
             479.
             
             Ordinati
             sunt
             filii
             ejus
             ,
             &c.
             
          
           
             q
             Cron.
             de
             Mailros
             f.
             143.
             
             An.
             160.
             
          
           
             An.
             160.
             
          
           
             r
             Append.
             sup
             .
          
           
             s
             Polycron
             .
             R.
             Higden
             f.
             255.
             
          
           
             S.
             Dun.
             f.
             125.
             126.
             
          
           
             An.
             872.
             
          
           
             t
             Append.
             Sup.
             De
             haereditate
             quam
             Deus
             ac
             Principes
             cum
             senioribus
             populi
             misericorditer
             ac
             benigne
             dederunt
             .
          
           
             s
             S.
             Dun.
             A
             ducibus
             &
             presulibus
             totius
             gentis
             eligitur
             &
             non
             solum
             ab
             ipsis
             verum
             etiam
             ab
             omni
             populo
             adoratur
             ut
             eis
             praeseset
             .
          
           
             t
             Asserii
             Annales
             &
             Huntindon
             .
          
           
             u
             Vid.
             his
             Book
             dedicated
             to
             Maud
             ,
             Wife
             to
             W.
             1.
             
          
           
             M
             S.
             in
             Bib.
             
          
           
             COT.
             &
             Ed.
             
          
           
             Ipse
             stemmate
             regali
             a
             Primatis
             electus
             .
          
           
             An.
             925.
             or
             924.
             
          
           
             x
             Mat.
             West
             .
             f.
             180.
             
             Selden's
             Notes
             upon
             Polyolb
             f.
             211.
             
             &
             MS.
             
          
           
             Lelandi
             &
             Wendover
             MS.
             in
             Bib.
             Cot.
             
          
           
             y
             Cron.
             Sax.
             p.
             11.
             
             Huntindon
             f.
             204.
             
          
           
             Electus
             est
             Rex
             in
             Merce
             .
          
           
             An.
             944.
             
          
           
             z
             Bib.
             Cot.
             
          
           
             Vitel.
             D.
             15.
             vita
             sti
             Dunstani
             Autore
             Osberno
             Dorob
             .
             edit
             .
             Inser
             script
             .
             sub
             nomine
             Anglia
             sacra
             .
             Successst
             in
             iure
             frarris
             .
          
           
             a
             Bib.
             Cot.
             Cleopat
             .
             B.
             13.
             
          
           
             Alter
             autor
             vitae
             Sti.
             Dunstani
             .
             Mox
             proximus
             haeres
             Eadredus
             .
          
           
             c
             Vid.
             Enquiry
             said
             to
             be
             Dr.
             Bradies
             ,
             p.
             14.
             and
             the
             Doctors
             Introd
             .
             f.
             364.
             
          
           
             d
             Bib.
             Cot.
             
          
           
             Sup.
             An.
             955.
             
          
           
             Post
             hunc
             surrexit
             Eadwig
             regnandi
             gratiâ
             poliens
             :
             licet
             in
             utraque
             plebe
             Regum
             numeros
             &
             nomina
             suppleretelectus
             
          
           
             e
             Quoniam
             in
             commisso
             regimine
             insipienter
             egit
             .
          
           
             f
             Ib.
             Hoc
             ita
             omnium
             conspiratione
             relicto
             ,
             elegere
             sibi
             Do.
             dictante
             ,
             &c.
             
          
           
             g
             Ib.
             Et
             regnum
             ipsius
             velut
             aequus
             haeres
             abutroque
             populo
             electus
             .
          
           
             h
             Bib.
             Cot.
             
          
           
             i
             An.
             975.
             
          
           
             k
             Osbernas
             sup
             .
          
           
             Vitellius
             .
             A.
             20.
             
          
           
             l
             Bib.
             Cot.
             
          
           
             Regist
             .
             Magn.
             
          
           
             Abendoniae
             sub
             Effig
             .
             Claud.
             B.
             f.
             89.
             b
             
          
           
             Omnes
             utriusque
             ordinis
             Optimates
             ad
             regni
             gubernacula
             moderanda
             fratrem
             meum
             
          
           
             m
             Vid.
             Dr.
             Bradies
             use
             of
             this
             Introd
             .
             f.
             360.
             
          
           
             Eaduuardum
             elegerunt
             ,
             &c.
             miho
             ;
             terras
             ad
             regios
             pertinentes
             filios
             in
             meos
             usus
             tradiderunt
             
          
           
             Ar.
             979.
             
          
           
             *
             Bib.
             Cot.
             sub
             Effig
             .
             Claudii
             A.
             3.
             
          
           
             Ab
             Episcopis
             &
             a
             plebe
             electus
             .
          
           
             m
             Ib.
             volumus
             &
             concedimus
             .
          
           
             n
             Benedic
             domine
             hunc
             pure
             electum
             Principem
             .
          
           
             Firmatum
             est
             pactum
             inter
             Regem
             &
             populum
             suum
             &
             firma
             amicitia
             :
             jure
             jurando
             etiant
             statutum
             est
             ,
             ut
             nunquam
             amplius
             esset
             Rex
             Danus
             in
             Arglià
             .
          
           
             o
             Bib.
             Cot.
             Domition
             A.
             8.
             sup
             .
          
           
             p
             An.
             1015.
             or
             1016.
             
          
           
             q
             Knighton
             f.
             2320.
             
             Misit
             clameum
             ,
             &c.
             
          
           
             r
             Malms
             f.
             39.
             
             Dani
             Cnutonem
             eligunt
             .
          
           
             s
             Internal
             ,
             vid.
             Argl.
             Saer
             .
             Hist
             .
             Maj.
             
          
           
             Winton
             '
             Cujusdam
             Ducis
             fil
             .
             nomine
             Algivam
             accepit
             ,
             in
             Concubinam
             ,
             exqua
             genuit
             filium
             nomine
             Edmundum
             Ir●●side
             .
             Et
             
          
           
             t
             Cited
             and
             applied
             Spelmans
             Glos
             f.
             277.
             
          
           
             Bib.
             Cot.
             Cleo●
             .
             B.
             13.
             
             De
             regno
             &
             nominibus
             Regum
             Anglor
             ,
             &c.
             De
             Edm.
             Irnenside
             Iste
             erat
             Bastardus
             .
          
           
             a
             Ingulfas
             f.
             58.
             
          
           
             b
             Leofric
             Comes
             &
             tota
             nobilitas
             exparte
             Aquilonis
             fluminis
             Tamesiae
             elegerunt
             Haroldum
             &
             Hardecnut
             fratrem
             ejus
             &c.
             
          
           
             Edw.
             Conf.
             
          
           
             Vid.
             etiam
             ib.
             
          
           
             Cleop.
             A.
             7.
             
          
           
             c
             Bib.
             Cot.
             Abbrev.
             Cron.
             fin
             '
             temp
             .
          
           
             Cron
             '
             breve
             ad
             An.
             1062.
             
          
           
             Haraldus
             :
             Rex
             eligitur
             ab
             omni
             populo
             Angl.
             
          
           
             d
             Malms
             f.
             43.
             
          
           
             e
             Vid.
             Scrip.
             Norm
             ,
             Eucomium
             Emmae
             Regno
             haereditatis
             vestrae
             privamini
             .
          
           
             f
             Gemet
             .
             f.
             271.
             
          
           
             g
             M.
             S.
             cited
             in
             Monast
             .
          
           
             1.
             vol.
             Regni
             cura
             Reginae
             assensu
             &
             Magnatum
             consilio
             Comiti
             Godwino
             commitritur
             donec
             qui
             digrus
             esset
             ,
             eligeretur
             .
             &
             Bib.
             Cot.
             Domit
             .
             A.
             13.
             
             Cron.
             Wint.
             
          
           
             h
             Gemet
             f.
             271.
             
             Ipse
             autem
             exivit
             hominem
             Edw.
             totius
             regni
             reliquit
             haeredem
             .
             Malms
             .
             f.
             450.
             
             Post
             .
             Hard.
             fr.
             ipsius
             ex
             matre
             ribus
             Angliae
             in
             Regem
             electus
             &c.
             
          
           
             a
             Cart.
             Antiq
             CC
             Mon.
             1.
             vol.
             
          
           
             f.
             59.
             
             Periclitata
             sit
             haereditaria
             siccessio
             ,
             magnumque
             interstitium
             inter
             fratrem
             meum
             qui
             patri
             meo
             mortuo
             successit
             meque
             habitum
             fuit
             .
          
           
             b
             Mat.
             Par.
             
          
           
             c
             Ethelwerd's
             Hist
             .
             Meus
             atavus
             .
          
           
             addit
             .
             f.
             46.
             
          
           
             d
             Vid.
             sup
             .
             of
             Ina.
             
          
           
             e
             Nec
             nomen
             Regis
             in
             eo
             constabit
             .
          
           
             f
             Vid.
             the
             Antiquity
             and
             Justice
             of
             an
             Oath
             of
             Abj.
             p.
             90
             ,
             .
             &
             91.
             
          
           
             Introd
             .
             f.
             363.
             
          
           
             Introd
             .
             f.
             364
             
          
           
             Claud.
             B.
             6.
             
          
           
             Reg.
             magnum
             Abend
             .
             c.
             50.
             
          
           
             An.
             931.
             
             Patriae
             procuratoribus
             .
          
           
             a
             Sup.
             
          
           
             Vid.
             Rot.
             Par.
             
          
           
             b
             Bib.
             Cot.
             
          
           
             17
             E.
             3.
             p.
             1.
             
          
           
             m.
             20.
             d.
             
          
           
             c
             Ib.
             ejusdem
             Tota
             plebis
             generalitas
             .
          
           
             A
             Petition
             in
             Parl
             ,
             from
             the
             Borough
             of
             Barnstaple
             ,
             fetting
             forth
             that
             they
             had
             been
             a
             Borough
             ,
             and
             sent
             Members
             to
             Parl.
             ever
             since
             King
             Athelstan's
             Charter
             .
          
           
             d
             Cart.
             Antique
             in
             Turri
             Lord.
             B.
             
          
           
             e
             Guil.
             de
             Roville
             Erat
             regni
             Angtiae
             primior
             haeres
             e●
             .
             Matilda
             &c.
             
          
           
             a
             Ingulf
             .
          
           
             b
             Leges
             Edw.
             Regis
             ed
             per
             Lamb.
             
          
           
             c
             Cart.
             Orig.
             in
             Bib.
             Cot.
             Haredem
             sibi
             esse
             &c.
             adoptavit
             .
          
           
             d
             Rot.
             Pat.
             1.
             
          
           
             H.
             6.
             m.
             11.
             
          
           
             e
             Regnum
             praed
             .
             nobis
             jurare
             fecit
             .
          
           
             &
             cart
             .
             Antiq.
             CC.
             
          
           
             f
             Pictav
             .
             ut
             memini
             .
          
           
             g
             Vid.
             Domesday-Book
             .
          
           
             Pictav
             .
             f.
             119.
             
          
           
             Quoniam
             omnium
             qui
             genus
             suum
             attingerent
             me
             credebat
             excellentissimum
             .
          
           
             Selden's
             review
             p.
             439.
             
          
           
             Absque
             generali
             senatus
             &
             populi
             conventu
             &
             edicto
             .
          
           
             a
             Ord.
             vir
             .
             f.
             525.
             
             Edgarus
             Adelinus
             ,
             aliique
             plures
             ex
             linea
             regalis
             prosapiae
             .
          
           
             c
             Fl●●
             .
             Wig.
             Fideli●●tem
             juraver●●●
             quibus
             &
             ipse
             faedus
             p●pigit
             R.
             de
             Diceto
             col
             .
             ●80
             .
          
           
             b
             Wats
             Advers
             .
             ad
             Mat.
             Par.
             
          
           
             Bronton
             col
             .
          
           
             958.
             s.
             Dun.
             f.
             195.
             
          
           
             a
             Cuncti
             Praesules
             regnique
             proceres
             cum
             Guil.
             concordiam
             fecerunt
             ;
             ae
             ut
             dia
             lema
             regium
             sumeret
             ,
             sicut
             mos
             Anglici
             principatus
             requirit
             oraverunt
             .
          
           
             All
             the
             Liberties
             and
             Priviledges
             the
             People
             can
             pretend
             to
             were
             the
             Grants
             and
             Concessions
             of
             the
             Kings
             of
             this
             Nation
             ,
             and
             derived
             from
             the
             Crown
             .
          
           
             b
             Pref.
             to
             his
             compleat
             Hist
             .
          
           
             Introd
             .
             f.
             13.
             
          
           
             shall
             prove
             from
             undeniable
             reason
             and
             authority
             that
             he
             govern'd
             the
             Nation
             as
             a
             Conqueror
             ,
             and
             did
             so
             take
             and
             repute
             himself
             to
             be
             .
          
           
             c
             Vid.
             Introd
             .
             f.
             326.
             
          
           
             f.
             14.
             
             This
             appears
             first
             by
             his
             bringing
             in
             a
             new
             Law
             ,
             and
             imposing
             it
             upon
             the
             People
             ,
             and
             't
             is
             clear
             he
             did
             this
             .
          
           
             The
             justiciaries
             or
             Chief
             Justices
             ,
             the
             Chancellors
             ,
             the
             Lawyers
             ,
             the
             Ministerial
             Officers
             ,
             and
             under
             Judges
             ,
             Earls
             ,
             Sheriffs
             ,
             Bailiffs
             ,
             Hundredaries
             ,
             were
             all
             Normans
             from
             his
             first
             coming
             until
             above
             100
             years
             .
             Introd
             .
             f.
             20.
             
             The
             English
             had
             neither
             Estates
             nor
             Fortunes
             left
             ,
             and
             therefore
             it
             could
             be
             no
             matter
             to
             them
             ,
             by
             what
             Law
             ,
             Right
             ,
             or
             Property
             ,
             other
             Men
             held
             their
             Estates
             .
          
           
             a
             Ord.
             Vital
             Selden's
             Notes
             Polyolb
             .
             and
             Camden's
             Brit.
             
          
           
             19.
             
             H.
             6.
             n.
             16.
             
          
           
             m.
             7.
             per
             Inspex
             .
          
           
             vol.
             f.
             48.
             vid.
             
          
           
             Dr.
             B's
             Introd
             .
          
           
             The
             pretence
             that
             he
             claimed
             jure
             haereditario
             ,
             is
             idle
             ,
             unless
             ,
             it
             were
             testamentario
             :
             for
             neither
             was
             be
             Heir
             to
             Edward
             ,
             nor
             Edward
             Heir
             to
             the
             Crown
             by
             Descent
             .
          
           
             b
             Rot.
             Cart.
             
          
           
             c
             Mon.
             1.
             
          
           
             a
             Mon.
             1.
             vol.
             f.
             98.
             
          
           
             b
             Cart.
             Antiq
             .
             in
             Tur.
             
          
           
             Lord.
             F.
             Et
             Collectanea
             
          
           
             M.
             ●●ale
             Mil.
             in
             Bib.
             Hospit
             .
             Linc.
             
          
           
             An.
             1087.
             
          
           
             Introd
             .
             f.
             370.
             
          
           
             Cum
             plenario
             consensu
             &
             consilio
             totius
             communitatis
             &c.
             
          
           
             An.
             1100.
             
          
           
             c
             Cart.
             in
             Mat.
             Par.
             
          
           
             d
             Bib.
             Cot.
             
          
           
             Claud.
             A.
             3.
             
          
           
             De
             Conventu
             seniorum
             &c.
             
          
           
             Et
             Episcopi
             prosternant
             se
             super
             pavimentum
             hinc
             &
             inde
             circa
             electum
             Regem
             .
          
           
             An.
             1116.
             
          
           
             Hemirgford
             f.
             473.
             
          
           
             Gerv.
             Dorob
             .
          
           
             Col.
             1337.
             
          
           
             a
             Bib.
             Cot.
             sub
             Effig
             .
             Vespat
             .
             A.
             19.
             
          
           
             De
             Monast
             .
          
           
             Eliensi
             .
             Vt
             jure
             haereditario
             suscipiatis
             .
          
           
             b
             Gesta
             Regis
             Steph.
             inter
             Script
             .
          
           
             Et
             de
             stirpe
             regia
             descenderat
             .
          
           
             Norm
             .
          
           
             c
             Malms
             .
             Hist
             .
             Nov.
             f.
             106.
             
          
           
             Dorob
             .
             Col.
             1354.
             
          
           
             d
             Gerv.
             
          
           
             Assensu
             cleri
             &
             populi
             in
             Regem
             electus
             .
          
           
             e
             Bradies
             Introd
             .
             f.
             371.
             
          
           
             Galba
             .
             A.
             2.
             
          
           
             Inter
             Sermones
             ad
             populum
             .
          
           
             f
             Bib.
             Cot.
             
          
           
             Quid
             obstinatius
             quid
             perniciosius
             quam
             contra
             voluntatem
             omnium
             regni
             jura
             violenter
             abripere
             .
          
           
             a
             Brompton
             f.
             1024.
             
          
           
             Cart.
             adoprionis
             ,
             Successorem
             regni
             Anglie
             &
             haeredem
             meum
             jure
             baereditario
             constitui
             .
          
           
             Mat.
             Par.
             &c.
             
          
           
             Domit.
             A.
             10.
             
          
           
             b
             Antiq.
             Brit
             f.
             130.
             
          
           
             Lib.
             Rof
             .
             Ibi
             forma
             Convensionis
             inter
             uarosque
             Reges
             Fid.
             etiam
             Ben.
             Abbatem
             Autor
             .
             ejusdem
             temporis
             .
          
           
             c
             Scotland's
             Sovereignty
             p.
             285.
             
          
           
             d
             Bib
             Cot.
             Domit.
             A.
             10.
             lib.
             Rof
             .
             Ibi
             forma
             Convenionis
             inter
             uposque
             Reges
             Fid.
             etiam
             Ben.
             Abbatem
             Autor
             .
             ejusdem
             remporis
             .
          
           
             e
             R.
             1.
             
             An.
             1189.
             
          
           
             f
             Walsi●gham
             Ipod
             .
             Neustriae
             f.
             45.
             
          
           
             g
             R.
             de
             Diceto
             Col.
             647.
             
          
           
             Comes
             itaque
             
          
           
             Pictavorum
             Rie
             .
             ●aeredita●io
             jure
             praemovendus
             in
             Regem
             ,
             post
             tam
             Cleri
             quam
             populi
             solemnem
             &
             debitam
             electionem
             &c.
             
          
           
             h
             Mat.
             Par.
             de
             An.
             1188.
             
             Ducatus
             Norm
             ,
             gladium
             suscepit
             &c.
             
          
           
             i
             Bromton
             f.
             1159.
             
          
           
             a
             Hoveden
             de
             An.
             1194.
             
          
           
             Per
             commune
             consilium
             regne
             definitum
             est
             .
          
           
             De
             omnibus
             tenementis
             suis
             .
          
           
             Descheance
             .
          
           
             Calls
             the
             other
             mos
             Britanniae
             .
          
           
             b
             Grand
             Cust
             .
             cap.
             25.
             
          
           
             c
             Cujac
             .
             de
             feudis
             f.
             519.
             
          
           
             Dicentes
             judicium
             esse
             &
             consuetudinem
             iliorum
             Regionum
             .
          
           
             d
             Wendover
             in
             Bib.
             Cot.
             
          
           
             e
             Glanv
             .
             tract
             .
          
           
             de
             Legibus
             &
             cons
             .
          
           
             rni
             Angliae
             lib.
             7.
             c.
             3.
             
          
           
             Licet
             praemoriatur
             patri
             suo
             &c.
             nulla
             dubitatio
             est
             ,
             &c.
             
          
           
             ●unc
             quidem
             ita
             bodie
             obtinet
             inter
             avunculum
             &
             nepotem
             ,
             quia
             melior
             est
             conditio
             possedentis
             .
          
           
             f
             Wendover
             de
             An.
             1199.
             
          
           
             a
             Wend.
             Quod
             jura
             sua
             redderet
             universis
             :
             sub
             tali
             conventione
             ,
             Comites
             &
             Barones
             Comiti
             memorato
             fidelitatem
             contra
             omnes
             homines
             juraverunt
             .
          
           
             b
             Mat.
             Par.
             
          
           
             Noverit
             discretio
             vestra
             ,
             quod
             nulius
             praeviâ
             ratione
             alii
             succedere
             habet
             regnum
             ;
             nisi
             ab
             universitate
             regni
             unanimiter
             ,
             invocatâ
             spiritus
             gratià
             electus
             ,
             &c.
             
          
           
             c
             Mat.
             Par.
             
          
           
             Dico
             de
             hoc
             Comite
             &c.
             
          
           
             Arch.
             and
             districte
             prohibitus
             ,
             ne
             ●onorem
             bunc
             accipere
             praesumeret
             ,
             nisi
             in
             menre
             habeat
             opere
             quae
             juraverat
             p●●implere
             .
             Ad
             hoc
             ille
             respordens
             promisit
             ,
             se
             per
             auxilium
             Dei
             ,
             bona
             side
             ea
             quae
             juraverat
             servaturum
             .
          
           
             d
             Wendover
             Dein
             adjuratus
             est
             ab
             eodem
             
          
           
             e
             Mat.
             Par.
             Addit
             .
             f.
             281.
             
             The
             French
             King's
             Advocate
             says
             ,
             Dare
             non
             potuit
             ,
             potuit
             tamen
             dimittere
             eam
             .
          
           
             e
             Ib
             ,
             vacans
             itaque
             regnum
             sine
             Barcnibus
             ordinari
             non
             debet
             ;
             unde
             Barones
             elegerunt
             .
          
           
             a
             Mat.
             Par.
             
          
           
             An.
             1216.
             
          
           
             b
             Mat.
             West
             .
             f.
             277
             ,
             &
             279.
             
          
           
             Knighton
             col
             .
             2426.
             
          
           
             c
             Mat.
             Par.
             
          
           
             ut
             .
             H.
             Regis
             fil
             .
             primogen
             ,
             in
             Regem
             Angle
             exaltarent
             .
          
           
             d
             Mat.
             Par.
             
          
           
             An.
             1236.
             20
             
             H.
             3.
             
             In
             signum
             quod
             est
             Comes
             Palatinus
             &
             Regem
             si
             oberret
             habeat
             de
             jure
             ,
             potestatem
             cohibendi
             .
             Vid.
             Wendover
             .
             A
             Coronation
             at
             Canterbury
             5
             H.
             3.
             
             Vid.
             etiam
             Lib.
             de
             Antiq.
             Leg.
             in
             Archivis
             Civ
             .
             Lond.
             f.
             117.
             
             A
             Proclamation
             53
             H.
             3.
             declaring
             that
             he
             would
             not
             then
             wear
             his
             Crown
             ,
             and
             dispensing
             with
             the
             Services
             of
             the
             Citizens
             of
             London
             and
             others
             .
          
           
             *
             Mat.
             Par.
             Ipsi
             de
             communi
             conc
             .
             totius
             regni
             ipsum
             cum
             iniquis
             corsiliariis
             suis
             a
             regno
             depellerent
             ,
             &
             de
             novo
             Rege
             creando
             tractarent
             .
          
           
             a
             Bracton
             lib.
             2.
             c.
             16.
             
          
           
             Rex
             autem
             habet
             superiorem
             Deum
             ;
             item
             Legem
             per
             quam
             factus
             est
             Rex
             ;
             item
             Curiam
             suam
             &c.
             Vid.
             etiam
             ib.
             c.
             24.
             &
             l.
             3.
             c.
             9.
             
          
           
             b
             Lib.
             de
             Antiq.
             Leg.
             in
             Arch.
             Civ
             .
          
           
             c
             Lib.
             de
             Antiq
             .
             Leg.
             in
             Archiv
             .
             Civ
             .
          
           
             Lon.
             An.
             1260.
             44
             
             H.
             3.
             
          
           
             L.
             55.
             
             H.
             3.
             post
             ejus
             decessum
             rectis
             haeredibus
             coronae
             Angliae
             .
          
           
             d
             Mat.
             West
             .
             Gilbertus
             &
             Johes
             Comites
             ,
             nec
             non
             Clerus
             &
             populus
             ,
             ad
             magnum
             altare
             ecc
             .
             Westm
             .
             celeriter
             properaunt
             Ed.
             prim
             .
             Regis
             fidel
             jurantes
             .
          
           
             e
             Annales
             Wav
             .
             f.
             227.
             
          
           
             Facta
             convocatione
             omnium
             Prel
             &c.
             
          
           
             a
             Rot.
             claus
             .
          
           
             1.
             
             E.
             1.
             m.
             11.
             
          
           
             b
             Walsing
             .
             f.
             1.
             
          
           
             c
             Mat.
             West
             .
             f.
             430.
             25
             
             E.
             1.
             
          
           
             d
             Suscipiatis
             me
             :
             quod
             si
             non
             rediero
             ,
             in
             Regem
             vestrum
             filium
             meum
             coronetis
             .
          
           
             e
             Mirror
             p.
             8.
             
          
           
             f
             Wals.
             f.
             68.
             
          
           
             Non
             tam
             jure
             haereditario
             &c.
             
          
           
             g
             Wals.
             f.
             107.
             
             Rex
             dignitate
             regali
             abdicatur
             ,
             &
             filius
             substituitur
             .
          
           
             h
             Knighton
             col
             .
             2550.
             
          
           
             Post
             multos
             ejulatus
             &c.
             
          
           
             i
             Rot.
             Claus
             ,
             1
             E.
             3.
             m.
             28.
             
          
           
             a
             Bib.
             Cot.
             
          
           
             Cleop.
             D.
             9.
             
          
           
             Annales
             de
             Gestis
             Britcnum
             De.
             
          
           
             An.
             1326.
             
          
           
             Convocatum
             est
             concilium
             generals
             &c.
             
          
           
             b
             In
             Regem
             Angliae
             est
             sublimatus
             .
          
           
             c
             Stat.
             1.
             
             E.
             3.
             
             Rastal
             .
          
           
             a
             Rot.
             Parl.
             50.
             
             E.
             3.
             
          
           
             b
             Began
             his
             reign
             An.
             1377.
             
          
           
             c
             Knighton
             f.
             2683.
             
          
           
             Propinquiorem
             aliquem
             de
             stir
             pe
             regid
             .
          
           
             d
             23
             R.
             2.
             
          
           
             e
             Rot.
             Parl.
             1.
             
             H.
             4.
             n.
             16.
             
          
           
             f
             N.
             52.
             
          
           
             g
             Rot.
             serv
             .
             die
             Coron
             .
             H.
             4.
             
          
           
             h
             Rot.
             Parl.
             1.
             
             H.
             4.
             
          
           
             i
             Rot.
             Parl.
             
          
           
             1
             H.
             4.
             n.
             54.
             so
             Welsing
             .
          
           
             k
             Rot.
             Parl.
             sup
             .
          
           
             Tpod.
             Neust
             .
             f.
             156.
             
             Regnum
             Angliae
             sic
             vacans
             .
          
           
             l
             Vid.
             The
             Debate
             at
             large
             .
             p.
             127.
             
          
           
             m
             Walsing
             sup
             .
             &
             Rot.
             Parl.
             
          
           
             n
             Rot.
             Parl.
             n.
             54.
             
             Iiden
             Status
             cum
             tote
             populo
             absque
             quacunque
             difficultate
             vel
             m●râ
             ut
             Dux
             praefatus
             super
             eos
             regnaret
             unanimiter
             consenserunt
             .
          
           
             a
             Rot.
             Servic
             .
             sup
             .
          
           
             b
             Vid.
             inf
             .
             the
             case
             of
             
               Bishop
               Merk
            
             .
          
           
             c
             Rot.
             Pat.
             
          
           
             2
             H.
             4.
             rot
             .
             4.
             
          
           
             d
             Interliga
             .
             &
             confederati
             adversario
             &
             inimi●o
             nri
             Regis
             &
             rni
             sui
             ,
             de
             Erancia
             &
             adherentibus
             ad
             eundem
             adversar
             .
             &c.
             
          
           
             e
             Nota
             Richard's
             name
             was
             used
             only
             to
             colour
             the
             inviting
             the
             French
             to
             over-run
             this
             hand
             .
          
           
             f
             Quod
             ipse
             Epus
             unctus
             〈◊〉
             .
          
           
             a
             Nota
             Et
             consequenter
             eccles
             .
             Anglicanae
             per
             quam
             &c.
             
          
           
             b
             Pardonae
             vimus
             eidem
             nuper
             Episcope
             sectam
             pacis
             &c.
             
          
           
             c
             Quod
             ipse
             amodo
             se
             bene
             geret
             erga
             Dominum
             Regem
             .
             &
             populum
             .
          
           
             d
             This
             recited
             in
             the
             Petitions
             of
             the
             Commons
             Rot.
             
          
           
             Pat.
             8
             H.
             4.
             
          
           
             p.
             1.
             m.
             4.
             
          
           
             e
             D'un
             volunt
             &
             d'un
             assentcoment
             quil
             nen
             busoignoit
             my
             affermerent
             .
          
           
             f
             Enheretablement
             .
          
           
             a
             Pur
             viver
             &
             morer
             encontre
             touts
             les
             gents
             de
             monde
             .
          
           
             b
             Rot.
             Pat.
             
          
           
             7.
             
             H.
             4.
             pars
             .
             2.
             in
             .
             23.
             
             Ad
             ammovendam
             penitus
             materiam
             disceptationis
             &c.
             
          
           
             c
             Fore
             &
             esse
             〈◊〉
             fore
             &
             esse
             debere
             .
          
           
             Vid.
             alt
             .
             ib.
             reciting
             the
             breach
             of
             former
             Oaths
             .
          
           
             d
             Rot.
             Pat.
             
          
           
             sup
             .
             Hereditas
             sive
             hereditaria
             .
          
           
             e
             Rot.
             Pat.
             
          
           
             8
             H.
             4.
             p.
             1.
             m.
             4.
             
          
           
             a
             Rot.
             Pat.
             
          
           
             8.
             
             H.
             4.
             
          
           
             Ponrvous
             succeder
             en
             voz
             saisditz
             corone
             ,
             roialms
             ,
             &
             Seigniories
             ,
             pur
             les
             avoir
             ove
             routz
             leur
             appurtenances
             ,
             apres
             vre
             decesse
             ,
             a
             luy
             ,
             &c.
             
          
           
             b
             Communi
             consensu
             regni
             juxta
             morem
             ejusdem
             regni
             ,
             &c.
             
          
           
             c
             Heir
             apparent
             pour
             vous
             succeder
             .
          
           
             d
             Pol.
             Virg.
             in
             Vit.
             H.
             5.
             
             &
             Drs.
             Gale
             Praef.
             Script
             .
          
           
             Saxon.
             Dan.
             
          
           
             e
             Walsingham
             .
          
           
             f
             Polydore
             Virgil.
             
          
           
             In
             quo
             de
             Rege
             creando
             more
             majorum
             agitabatur
             .
             Vid.
             etiam
             Stow
             in
             the
             Reign
             of
             H.
             5.
             mentioning
             this
             ,
             and
             calling
             that
             Assembly
             a
             Parliament
             .
          
           
             g
             Rot.
             Parl.
             1
             H.
             6.
             
          
           
             h
             13
             H.
             6.
             
          
           
             a
             Vid.
             the
             Oath
             29
             H.
             6.
             
          
           
             Stow
             ,
             f.
             395.
             
          
           
             I
             am
             ,
             and
             ought
             to
             be
             humble
             subject
             ,
             and
             Lieage-man
             ,
             &c.
             
          
           
             b
             Rot.
             Parl.
             38
             H.
             6.
             n.
             7.
             
          
           
             a
             Rot.
             Parl.
             
          
           
             39
             H.
             6.
             n.
             11.
             
          
           
             b
             N.
             12.
             
          
           
             c
             Vid.
             unreasonableness
             of
             the
             new
             separation
             ,
             Fortescue's
             MS.
             of
             this
             belongs
             to
             the
             Cotton
             Library
             ,
             but
             not
             now
             to
             be
             found
             there
             ,
             unless
             restored
             very
             lately
             .
          
           
             b
             N.
             15.
             
          
           
             To
             be
             unto
             him
             ,
             and
             to
             the
             Heirs
             of
             his
             Body
             coming
             ,
             and
             to
             his
             4
             Sons
             ,
             &c.
             
          
           
             c
             Elianor
             
               Wife
               of
            
             Lewis
             
               King
               of
            
             France
             ,
          
           
             Mat.
             Par.
             
               de
               An.
            
             1150.
             
          
           
             d
             Mat.
             West
             .
             f.
             1200.
             
          
           
             a
             Vid.
             Sup.
             p.
             27.
             
          
           
             b
             Vid.
             Grot.
             de
             jure
             belli
             &
             pacis
             l.
             2.
             
          
           
             sect
             .
             24.
             
             For
             the
             Neice
             from
             the
             elder
             Son
             to
             exclude
             the
             younger
             Son
             ,
             cannot
             hold
             in
             Hereditary
             
          
           
             Kingdoms
             ;
             For
             that
             gives
             only
             a
             capacity
             to
             succeed
             .
          
           
             But
             of
             those
             that
             are
             capable
             ,
             regard
             is
             to
             be
             had
             to
             the
             priviledge
             of
             the
             Sex.
             
          
           
             c
             Fortescue
             de
             Laud.
             Legum
             Angl.
             Rex
             a
             populo
             potestatem
             effluxam
             habet
             .
          
           
             Vid.
             Rot.
             de
             B.
             R.
             
          
           
             d
             Grot.
             de
             jure
             belli
             &
             pacis
             Lib.
             2.
             
          
           
             e
             Ib.
             Sect.
             14.
             
          
           
             Sect.
             22.
             
          
           
             a
             Rot
             ,
             Parl.
             39
             H.
             6.
             n.
             18.
             
          
           
             The
             Oaths
             that
             the
             said
             Lords
             had
             made
             unto
             the
             King's
             highness
             ,
             &c.
             
          
           
             saved
             ,
             and
             their
             consciences
             therein
             cleared
             ,
             &c.
             
          
           
             it
             was
             agreed
             that
             the
             said
             mean
             the
             should
             be
             opened
             and
             declared
             to
             the
             King's
             highness
             .
          
           
             b
             N.
             18.
             
          
           
             c
             N.
             27.
             
          
           
             The
             King
             by
             advice
             of
             the
             Lords
             ,
             condescended
             to
             the
             Accord
             ,
             and
             to
             be
             authoriz'd
             by
             Authority
             of
             this
             present
             Parliament
             .
          
           
             d
             Baggot's
             Case
             9
             E.
             4.
             
             Car-le
             corone
             fuit
             taille
             a
             lay
             per
             Parlement
             .
          
           
             saving
             and
             ordaining
             by
             the
             same
             auctority
             the
             King
             to
             have
             the
             said
             Corones
             ,
             Reaumes
             ,
             Roial
             Estate
             ,
             Dignity
             ,
             and
             Preemirence
             of
             the
             same
             ,
             and
             the
             said
             Lordship
             of
             Ireland
             during
             his
             lyf
             natural
             .
          
           
             e
             An.
             1460.
             
          
           
             And
             furthermore
             by
             the
             same
             
               avis
               and
               auctoritie
            
             ,
             wolle
             ,
             consenteth
             and
             agreeth
             ,
             that
             after
             his
             decesse
             ,
             or
             when
             it
             shall
             pleas
             his
             highness
             to
             ley
             from
             him
             the
             said
             Corones
             &c.
             or
             thereof
             
               ceasseth
               &c.
            
             
          
           
             a
             Stow.
             f.
             413.
             
          
           
             b
             Vid.
             Notes
             upon
             the
             Earl
             of
             Stamford's
             Speech
             An.
             1692.
             
          
           
             Citting
             Grafton's
             Chron.
             f.
             652
             ,
             653.
             658.
             
             Speed
             f.
             851.
             
             Stow
             f.
             414
             ,
             415.
             
          
           
             c
             Ib.
             
          
           
             d
             3d.
             Not
             mentioned
             in
             those
             Notes
             ,
             but
             in
             Hollinshead
             f.
             663.
             
          
           
             e
             Notes
             upon
             the
             Earl
             of
             S's
             Speech
             Sup.
             
          
           
             a
             Hollinshead
             663.
             
          
           
             After
             the
             Earl
             of
             March
             had
             taken
             upon
             him
             the
             Government
             .
          
           
             b
             Rot.
             Parl.
             1.
             
             E.
             4.
             m.
             8.
             
          
           
             Declaratio
             tituli
             regii
             ,
             &
             restitutio
             ad
             eandem
             .
          
           
             c
             Ib.
             
          
           
             d
             Rot.
             Parl.
             1
             E.
             4.
             m.
             8.
             
          
           
             n.
             20
             ,
             21
             ,
             22
             ,
             23
             ,
             24.
             
          
           
             a
             Rot.
             Parl.
             1
             E
             4.
             m.
             17.
             
          
           
             Convictio
             quorundam
             Dom.
             &
             al.
             authoritate
             Parl.
             
          
           
             The
             Earl
             of
             March
             upon
             the
             death
             of
             R.
             2.
             and
             consequently
             E.
             4.
             from
             him
             was
             undoubted
             
          
           
             a
             Vid.
             The
             Debate
             at
             large
             &c.
             p.
             128.
             
          
           
             b
             Rot.
             Parl.
             1.
             
             E.
             4.
             m.
             7.
             
             &
             8.
             and
             that
             God
             had
             given
             Ed.
             the
             grace
             of
             eviction
          
           
             King
             by
             conscience
             ,
             by
             Nature
             ,
             by
             Custom
             ,
             and
             by
             Law
             :
             referring
             to
             the
             Par.
             Rol.
             1
             E.
             4.
             
          
           
             e
             StAT
             .
             1.
             
             E.
             4.
             
             C.
             1.
             
          
           
             c
             Stow.
             412.
             
          
           
             d
             De
             term
             .
          
           
             Mic.
             1.
             
             H.
             7.
             f.
             4.
             b.
             
          
           
             Stat.
             1
             E.
             4.
             c.
             1.
             
          
           
             f
             Referr'd
             to
             17º
             E.
             4.
             
          
           
             g
             Rot.
             Parl.
             17
             E.
             4.
             n.
             34.
             
          
           
             Vid.
             etiam
             
          
           
             Rastal
             .
             cap.
             6.
             
          
           
             a
             Rot.
             Parl.
             1.
             
             R.
             3.
             
          
           
             b
             Vid.
             Buck's
             Hist
             .
          
           
             c
             Rot.
             Parl.
             1.
             
             R.
             3.
             
          
           
             a
             Rot.
             Parl.
             39
             H.
             6.
             n.
             27.
             
          
           
             b
             Vid.
             Comines
             Vn
             june
             Princ
             de
             Engle
             terre
             .
          
           
             c
             Rot.
             Parl.
             1
             H.
             7.
             
             Idem
             Dominus
             Rex
             praefatis
             communibus
             ore
             suo
             proprio
             eloquens
             ,
             ostendendo
             suum
             adventum
             ad
             jus
             &
             coronam
             Angliae
             fore
             tam
             per
             justium
             titulum
             haereditantiae
             ,
             quam
             per
             verum
             Dei
             judicium
             ,
             in
             tribuendo
             sibi
             victoriam
             de
             inimito
             suo
             in
             campo
             .
          
           
             a
             Stat.
             1
             H.
             7.
             
             Rot.
             Parl.
             II
             est
             ordeign
             establie
             &
             enact
             par
             auctorite
             du
             die
             Parliament
             ,
             &c.
             
          
           
             b
             Rot.
             Parl.
             1
             H.
             7.
             
          
           
             c
             Ib.
             n.
             18.
             
          
           
             d
             Bib.
             Cot.
             Cleop.
             E.
             3.
             
          
           
             e
             Ib.
             proximo
             successionis
             titulo
             .
          
           
             f
             In
             ipsorum
             conventu
             ,
             &c.
             
          
           
             a
             Vid.
             the
             Year-Book
             ,
             1
             H.
             7.
             f.
             4.
             
          
           
             b
             Vid
             the
             ●ull
             sup
             .
          
           
             c
             Year-Book
             1
             H.
             7.
             f
             4.
             
             Eo
             .
             Facto
             que
             il
             prist
             sur
             luy
             le
             royal
             dignity
             destre
             Roy.
             
          
           
             This
             said
             of
             ●
             .
             6.
             and
             applied
             to
             H.
             7.
             
          
           
             d
             Rot.
             Parl.
             20
             R.
             pars
             2.
             
          
           
             m.
             6.
             
             &
             4
             Inst
             .
             F.
             36.
             
          
           
             e
             Rot.
             Parl.
             3.
             
             H.
             7.
             m.
             15.
             
          
           
             The
             Attainder
             of
             the
             E.
             of
             Linc.
             
          
           
             a
             An.
             1059.
             
          
           
             b
             Introd
             .
             f.
             391.
             next
             Heir
             to
             the
             Crown
             by
             proximity
             of
             Blood
             ,
             as
             right
             Heir
             to
             his
             Mother
             .
          
           
             c
             Stat.
             25.
             
             H
             8.
             6.
             1.
             
          
           
             d
             Stat.
             26.
             
             H.
             8.
             
          
           
             a
             28
             H.
             8.
             c.
             7.
             
          
           
             b
             28
             H
             ,
             8
             ,
             c.
             10.
             
          
           
             a
             35
             H.
             8.
             
          
           
             b
             later
             recorda
             de
             An.
             
          
           
             27
             H
             8.
             sub
             cust
             .
             urrwumque
             Capital
             .
             Justic
             .
             &
             Attornat
             .
          
           
             Gen.
             Si
             in
             acttat
             .
             fuisset
             autoritate
             Parl.
             &c.
             si
             diceret
             non
             ,
             &c.
             
             Vid.
             etiam
             B.
             Burnet's
             Hist
             .
             of
             the
             Ref.
             
          
           
             1
             Vol.
             f.
             354.
             
          
           
             a
             Quia
             Rex
             per
             Parl.
             fieri
             porest
             &
             per
             Parl.
             deprivari
             potest
             .
          
           
             b
             1546.
             
          
           
             c
             1553.
             
          
           
             d
             Stat.
             1
             M.
             c.
             2.
             
          
           
             e
             1
             and
             2
             
               P.
               M.
            
             c.
             9.
             
          
           
             f
             1558.
             
          
           
             g
             Camden
             .
             Eliz.
             f.
             12.
             
          
           
             a
             Stat.
             1
             El.
             c.
             3.
             
          
           
             b
             Camd.
             
          
           
             c
             Journals
             of
             Q.
             Eliz.
             f.
             105
             ,
             106
             ,
             107.
             
          
           
             d
             Stat.
             13
             Eliz.
             c.
             1.
             
          
           
             e
             Stat.
             27
             Eliz.
             
          
           
             f
             Camd.
             Eliz.
             
          
           
             a
             Camden
             f.
             160
             .
          
           
             An.
             1571.
             14
             
             El.
             
          
           
             b
             Coke's
             Entries
             f.
             373.
             380.
             
          
           
             c
             An.
             1602.
             
          
           
             d
             Vid
             Camd.
             
          
           
             Eliz.
             &
             Wilson's
             Hist
             .
             of
             J.
             1.
             
          
           
             e
             Stat.
             1.
             
             J.
             1.
             
          
           
             a
             Vid.
             K.
             
          
           
             James
             his
             Works
             .
          
           
             b
             Stat.
             1.
             
             J.
             1.
             
          
           
             a
             Sermon
             before
             the
             House
             of
             Commons
             p.
             6.
             
          
           
             b
             Ib.
             They
             could
             pretend
             to
             no
             farther
             right
             &c.
             
          
           
             c
             Vid.
             Vindic.
             of
             the
             Case
             of
             Allegiance
             p.
             46
             ,
             47.
             
          
           
             d
             Finehes
             description
             of
             the
             Common
             Law
             ed.
             
             An.
             1613.
             
          
           
             e
             Dyer
             f.
             165.
             
             Anderson
             f.
             44.
             
          
           
             a
             Stat.
             23.
             
          
           
             Eliz.
             c.
             1.
             
          
           
             Will
             you
             grant
             and
             keep
             &c.
             
          
           
             namely
             the
             Laws
             ,
             and
             Customs
             ,
             and
             Franchises
             granted
             to
             the
             Clergy
             ,
             by
             the
             glorious
             King
             St.
             Edward
             your
             Predecessor
             according
             to
             the
             Laws
             of
             God
             ,
             and
             the
             true
             profession
             of
             the
             Gospel
             ,
             established
             in
             this
             Kingdom
             :
             and
             a
             Greeing
             to
             the
             Prerogative
             of
             the
             Kings
             thereof
             ,
             and
             the
             ancient
             custom
             of
             this
             Realm
             .
          
           
             b
             Lib.
             Regalis
             penes
             Decanum
             West
             .
             &
             Sandford's
             account
             of
             the
             Coronation
             .
          
           
             a
             Vid.
             Falkner's
             Christian
             Loyalty
             p.
             526.
             
          
           
             Citing
             Barklay
             .
             &c.
             
          
           
             b
             Concerning
             the
             Declaration
             of
             Indulgence
             .
          
           
             c
             Vid
             ,
             the
             Bishops
             Address
             to
             J.
             2.
             
          
           
             d
             Vid
             the
             Form
             printed
             in
             Reflections
             upon
             the
             Jacolite
             Form
             of
             Prayer
             p.
             26.
             
          
           
             e
             11
             Dec.
             1688.
             
          
           
             a
             Vid.
             the
             Vote
             of
             the
             Commons
             Jan.
             28.
             1689.
             and
             that
             of
             the
             Lords
             Feb.
             6.
             
          
           
             b
             Stat.
             1.
             
             
               W.
               M.
            
             Ses
             .
             2.
             cap.
             2.
             
          
           
             c
             Vid.
             the
             Proclamation
             .
          
           
             d
             Stat.
             2.
             
             
               W.
               M.
            
             Ses
             .
             1.
             cap.
             1.
             
          
           
             a
             Stat.
             7
             &
             8
             W.
             3.
             
             For
             the
             better
             Security
             of
             his
             Majesty's
             Royal
             Person
             and
             Government
             .
          
           
             Proof
             of
             the
             6th
             general
             head
             .
          
           
             a
             Yelverton
             ,
             f.
             1
             07.
             5
             
             J.
             1.
             
          
           
             b
             1
             Rolls
             ,
             f.
             185.
             
          
           
             c
             Banks
             MS.
             p●nes
             meipsum
             Pas
             .
             13
             J.
             1.