THE Great Point OF SUCCESSION DISCUSSED.  
With a Full and Particular ANSWER To a late PAMPHLET, Entitled, A Brief HISTORY OF Succession, etc.  
LONDON, Printed for H. Rhodes, next door to the Bear Tavern near Bride-Lane in Fleetstreet, 1681.   

THE Great Point OF SUCCESSION DISCUSSED. In a full ANSWER to a late PAMPHLET, Entitled, A Brief History of the SUCCESSION, etc.  
AMONGST all the spurious Brood the Press of late has so numerously spawned, and wherewith the Town has been so immoderately pestered, perhaps there is scarce a Pamphlet can pretend to have made a greater noise, or met with a more general Applause than THE HISTORY OF THE SUCCESSION, etc. Insomuch that having heard it so much and so often commended, and that some people had so great a value for it, that they had taken the pains to get it without Book, I grew not a little desirous of reading what I thought would not have had so welcome a Reception, if it had not been penned with a great deal of Faithfulness and Sincerity: for, tho' I must confess, I have no great opinion of an Argument drawn from matter of Fact, since if that were once allowed a man of very indifferent Parts, and as slender Reading, would find it not very difficult Task to justify the blackest Villainies; yet I assured myself, that if our Author did not industriously avoid being sincere and impartial, he could not but conclude the Crown of England to have always gone in the Sacred Channel of Birthright and proximity of Blood, and that uninterrupted too, unless put violently out of its Course; either by some manifest Force from without, or some prevailing Faction from within.  
But alas! I soon perceived how mightily I was mistaken in the man; for I found him in every Page taking so much pains to catch at every thing that might but any way advance his Design, or seemed but to lean never so little towards his opinion; and every where so deligedly wresting and misrepresenting those Authors whose Indices, I doubt not, but have furnished him with all the Reading he has shown upon this Occasion: for certainly if he had but taken a little more pains in reading the Authors themselves, he would not have had the Confidence to have so grossly imposed upon the World as he has done. When, I say, I had perceived with what intolerable dis-ingenuity he had all along managed his Design, I could not but conclude with myself, that if his very extraordinary Ignorance has not stood in the way of his Preferment, he had Malice and In pudence enough to entitle him to the honour of a Pillory.  
Nor can the man deserve less that goes about to make people believe, that the Kingdom of England, but a few Ages ago was Elective, that His Majesty, (whom God long preserve) holds His Crown upon no surer Title than an Act of Parliament; and that 'tis lawful for the Three Estates of the Realm to depose their King, and call him to an Account of his Stewardship, if he behave not himself to their content and satisfaction: for either this must be the consequence of his Discourse, or nothing; for all his Arguments are drawn from matter of Fact (for the most part falsely represented too); and he tells us of two Kings that have been deposed: so that if from thence we may conclude, that because such things have been done they either were then or may now lawfully be done (which either our Author must prove to be true, or else acknowledge his whole Discourse an impertinent Scribble. I have not falsely accused the Writer of this Discourse I amabout to examine.  
And although this might be allowed to be a sufficient Answer to this whole Pamphlet, since every one can tell him à facto ad jus non valere consequentiam; yet, because there may be a great many people in the World as willing to be deceived as he is to deceive, for I can believe none to be so ignorant, were they not violently bend upon it, as to suffer themselves to be imposed upon by so irrational and illogical a Discourse, I suppose it will not be an unwelcome performance to those that are Lovers of Truth or Honesty, to see the Mask pulled off from our Scribbler, and his many and unpardonable (because designed) mistakes in his pretended HISTORY OF THE SUCCESSION laid open.  
But before I proceed to examine the particulars, I cannot but take notice of one thing that may easily impose upon the unwary Reader in turning over our old Monkish Historians; I mean their very frequent mention of the Election of our Kings; which expression of theirs has given our Pamphleteer the most colourable pretence of any, to assert the Monarchy of this Isle to be an Elective One; but he that has taken the pains to look into the Body of their Writings more carefully than this Gentleman has done, will, I am sure, conclude that no good Argument can be drawn from a lose Expression or careless Word let fall from the Pen of any of our Monks, who must be confessed by every one to be extremely ignorant of Latinity, and the true propriety of Words, so that both false Grammar and gross Barbarisms are very frequent amongst them; besides, it will most evidently appear, that what they called Electing of a King, amounted to no more than an open acknowledgement or recognition of his Right and Title, since (as I shall make appear from the ensuing Discourse) they, upon several occasions, tell us of the right, precedent to all manner of Ceremony, that Kings of England have to the Crown, and both they and several Parliaments of different Complexlous and Interests have declared the Kingdom of England to be Hereditary (as appears from several 
* Rot. Parl. 39 H. 6. n. 10, etc. Rot. Parl. 1 E. 4. n. 8, etc. Rot. Parl. tent' apud Westm' die Veneris 23 die Jan. An. Regni Regis Rich. 3. primo, etc.  Records) and that the Crown, according to the Laws of God and Nature, does descend according to Birthright and proximity of Blood; which, how it can do, and yet be Elective, I cannot for my life understand; so that whatever the present use, and the propriety of the word (Election) may make it signify, yet I am assured the meaning of it in our Records and Historians must be what I have assigned (to wit) A Recognition and Acknowledgement of the Person said to be elected, to be the true Heir to the Crown, to whom by Birthright it is due.  
But to come closer to the point: I agree that nothing certain has come down to us of the nature of the Government of this Island, before the Romans came hither, who found them governed by several petty Princes: but if we may give any credit to what is related of the old Britain's, and some Learned Men 
† Sheringham de Anglorum gentis Origine etc. Hist. Britan. Desensio per J. Priseum Eq. Aurat.  are persuaded we may, we shall find the Crown to be Hereditary.  
But our Pamphleteer, by a strange way of arguing would make us believe, that during the Heptarchy, because they were governed by divers Laws, that therefore their Rule of Succession must be divers. as if because France, Spain, Moscevia, Denmark and Sweden are governed by different Laws, that therefore they ought not to be Hereditary; however it seems he is convinced that some of those Royalties in the Heptarchy were not Elective, and if he would but please to read over the History of those times, and not rely too much upon Indices, he would be convinced that the Crown in them all did constantly descend to the next Heir, unless he were unjustly put by either by some potent Neighbour, or powerful and popular Rebel.  
At length seven Kingdoms were united under Egbert and his posterity, who succeeded him successively by Hereditary Right, and so far are the Historians from constantly mentioning (as we are with a great deal of confidence told pag. 1.) that we hear not one word of it in any Historian of Account, till Edgar had put himself at the Head of his Brother King Edwy's Subjects, and had forced him to divide the Kingdom with him; and truly I cannot but admire the impudence, or at least ignorance of our Author, in telling us that Egbert came to the Kingdom of the West Saxons by Election, and that he was no way related to Brithric the last King, when I dare confidently affirm, that there is not one 
* 
M. West. f. 145.— Rex— Brithricus— filiam Offae Regis Merciorum— in conjugium accepit, cujas affinitate fultus Egbertum solum regalis prosapiae superstitem, quem regni sui utilitatibus futurum metuebat hostem, in Franciam fugavit.  
Idem f. 155.— defuncto itaque Rege Brithrico, successit ei Egbertus in regnum 36 annis, qui ex regali illius gentis prosapiâ originem ducens, multa potenter regna suo adjecit imperio. H. Huntingd. lib. 5. Flor. Wigorn. f. 563. An. 802. R. de Hoveden Annal. p. priore f. 413.   Historian but says he was next Heir, and only remaining Branch of that Royal Stem, and that upon Brithric's death he succeeded him in his Kingdom, without the least mention of any Election; and I am sure a man can scarce look into any of the Monkish Writers, but he shall find a 
† M. Westm. f. 166. cum multis aliis.  Genealogy of this Egbert, one of whose direct Ancestors was Brother to the great Ina, King of the West Saxons, who was descended in a direct Line from Cerdie the first King of that people in England; but these kind of shifts, whether ignorant or malicious I determine not, are very frequent.  
To Egbert succeeded his Eldest Son 
** M. West. f. 155.— cui (sc. Egberto) succedens Aethelulphus filius ejus— 20 annis & 5 mensibus imperavit.—  Ethelwolf, not by Election but Birthright, who, out of a mistaken Devotion, went to Rome, and carrying his youngest Son 
† M. West. f. 158.  Alfred, whom he loved above any of his Children, with him; and designing, if possible, to make him his Successor, he prevailed with the Pope to Anoint and Crown him King; which certainly was a very preposterous way of going about it, if it had been in the people's power to choose their King; for then the most natural way had been to make his Address to them that had the power in their hands; 
‖ Ibidem— exorta est contra Regem praedictum magnatum quorundam conspiratio, ita quod factâ conjuratione ab Aethelbaldo filio regis primogenito— quod à Româ repatrians nunquam reciperetur in Regnum, causa— erat— quod filium juniorem Aelfredum, quasi aliis a sort regni exclusis in Regem Romae secerat Coronari.  but however this Action of the Fathers so much alarmed the Eldest Son Ethelbald, that rather than he would so unjustly be deprived of his undoubted Right, he resolved to deprive his Father of his Kingdom; and upon this specious pretence raised so strong a Faction against him, that the Father to bring him again to his Duty, was forced to share his Kingdom with him: and this Prince wisely considering that if he did not contribute toward the avoiding of it, his death might be the occasion of a great deal of Bloodshed amongst his four Children, by 
†† M. Westm. f. 159. Aethelulphus— de suo transitu ad vitam Universitatis cogitans, nè filii ejus post obitum suum inter se disceptarent haereditariam scribere imperavit Epistolam, in quâ & regni inter filios Aethelbaldum & Aethelbertum— divisionem— procuravit, etc. & paulò postea; Aethelberto filiorum secundo Regnum Cantiae cum Sussexiâ concessit, filius ejus primogenitus Aethelbaldus in West-Saxiâ pro patre regnavit.  his Will in his life-time he ordained, That his Lands should be distributed amongst his two younger Sons and Daughter, but his 
** H. Huntingd. Hist. l. 5. f. 348. Aethelbaldo filio suo reliquit praedictus Rex nobilissimus (sc. Aethelusphus) Regnum Haereditatium Westsexe; Adelbricto filio suo alii reliquit Regnum Cantiae & Estsexe & Sudsexe.  Hereditary Kingdom of the West Saxons he bequeathed to his Eldest Son Ethelbald, and the Kingdoms of Kent, Essex, and Sussex to his Second Son Ethelbert, to be held in Fee of his Elder Brother; and upon his death his Eldest Son Ethelbald succeeded him according to his Father's Will, & he dying issueless, Ethelbert as next in Blood sat upon the Throne, and so his two younger Brethren Ethelred and Alfred, by right of Inheritance, and according to proximity of Blood successively came to the Crown.  
Upon the whole matter it may be, I think, reasonably concluded, not insisting upon the silence of History, from these two particulars, that the Kingdom was nothing less than Elective; first, because it is irrational to think that Ethelmolf would have pretended to have appointed and nominated a Successor, if the Crown had not gone then by Birthright. And in the next place I cannot conceive why Alfred, who was a kind of 
* Flor. Wigorn. fol. 587. Quo (sc. Aethelred) supra memoratus Aelfredus, qui usque ad id tempus venientibus fratribus suis fuerat secondarius, totius regni gubernacula divino concedente nutu cum summâ omnium illius regni accolarum voluntate confestim suscepit.  Vicegerent to all his other Brethren, should wait their Death, before he took upon him the Government; for if the Choice of the people had been sufficient to entitle him to the Crown, he had never wanted that, since he was their 
† Asser. Menevens. in vit. Alfred. f. 7.— Quod (sc. Regnum) etiam vivente fratre suo, si dignaretur accipere facillimè cum omnium illius gentis accolarum potuerat invenire.  Darling all along, especially if the Unction and Coronation by the Pope be considered, for that, though of no force or efficacy in itself, yet might have been easily improved into a most excellent and fair pretence: therefore I persuade myself, it was only the consideration of his Elder Brothers Right, according to the Laws of God and Nature, that deterred this Excellent and Learned Prince from being alured by the inviting and almost  temptations of a Crown, in prejudice of those that had a greater Right than himself.  
But if such a Rule of Succession, as I am contending for, were in use at that time, how could Athelstan, Grandchild to Alfred succeed his Father Edward the Elder, to the dis-inherizon of his Brother Edmund, if he, as this Gentleman would have us believe, were a Bastard? but what if there be no such thing? for I for my part cannot find that he was: if our Historiographer have any Author besides Polydore by him that the World has not yet been blest with the sight of, he would do well to produce him for the public good; but till then, since I have got some 
‖ Flo. Wigorn. f. 598. M. Westm. f. 184, W. Malmesb. l. 2. c. 6. f. 76.  good Writers on my side, I may, without any disparagement to the Gentleman's remarksincerity and faithfulness, hold Athelstan to be as legitimate as himself.  
The next instance he gives us to show that the Crown descended not according to proximity of Blood is 
** Florent. Wigornens. f. 604. M. Westm. f. 188. Defuncto itaque Edmundo— Edredus frater ejus— regni diadema— suscepit— reliquit quoque duos filios haeredes legitimos Edwinum & Edgarum, qui repugnante illegitimâ aetate patri succedere non valebant. R. Hoveden. par. 1. f. 423. W. Malmesb. l. 2. c. 7. f. 55.  Edreds' Succession to his Brother Edmond, though the deceased Prince had left two Sons behind him: but he forgets to tell us they were Minors, and upon that account their Uncle (the Office of Protector being not then in use) was Crowned King; tho' by this odd Custom, it often happened that the lawful Heirs were deprived of their Right; for notwithstanding they were under an Obligation to resign as soon as their Kinsmen came to Age, yet so strong were the Temptations, and so sweet the Enjoyment of a Crown, to an ambitious Soul, that rather than they would submit to a just resignation of that which was but committed to them in Trust for another, they would break through all Laws Humane and Divine to maintain that by Force, which, contrary to Reason and Justice, they had usurped.  
But however in this case it happened otherwise, for Edred dying very opportunely, was succeeded by his Nephew Edwy: he after a short, but troublesome Reign, had his Brother Edgar for Successor; who, having governed his Subjects in peace and plenty, and to his own Eternal Honour, left the Crown to his Eldest Son 
* Brompton. f. 872. M. Westm. f. 193.  Edward (who on the account of his barbarous and cruel Death contrived by his inhuman Stepmother, was afterwards called the Martyr) But his Coronation was a little obstructed by a Faction of the Nobility, who endeavoured to advance Ethelred to the Throne, being animated thereto by Alfdritha his Mother, that she, during his minority (for he was but seven years of Age) might satisfy her Ambition by domineering it over the Kingdom, 
† M. Westm. ubi supra.   potius sub ejus nomine regnare videretur; for they pretended that Edward was illegitimate, and therefore ought not to be preferred before his Brother Ethelred, who was the true Heir to his Father, and to whom therefore the Crown was dire, so that the dispute was not who should, but who ought to be King; nor was it carried by Interest in favour of Edward (as our Pamphleteer would persuade us) but by right; for Dunstan, Archbishop of Canterbury, being fully satisfied of the justness of his Title, without suffering a thing so clear, any longer to be debated, according as his Father had commanded (
* M. West●● ubi supra. Fl. Wigorit. f. 605.  ut pater ejus moriens dictitaverat, are the very words of the Historian) consecrated Edward King; which he surely durst never have done, if he could have derived his Right from no other Original than the Choice of the People.  
But tho' none of those Instances alleged by him yet are of force enough to prove what he produced them for, yet we are not to suppose a man of his Infinite Reading cannot find out something that, at a dead lift may serve his turn; and truly I cannot but admire his excellence that way: he has had the good luck to hit upon the most admirable passage, and so pat for his purpose, that 'tis impossible to match it in any of those most incomparable and delectable Histories of Montelion, Knight of the Oracle, Amadis of Gaul, Parismus and Parismenus, there's nothing in them either for pleasure or astonishment, but comes a Mile behind what this Gentleman's Author, the Canting Abbot of Rievalis can help us to, and to the everlasting credit of his Wit and Invention be it spoken, his Life of Edward the Confessor, from one end to the other, is as perfect Romance as any of 'em: and truly amongst all his Romantic Tales, and I assure you they amount to no sinal number, this of Choosing of Edward by the Estates, whilst in his Mother's Womb, is one of the most improbable. For, not to insist upon the universal silence of all our Historians in this matter, which, if any such thing had been, it would have been a most unpardonable fault in them not to have mentioned, not, I say, to insist upon this, No man certainly in his right Wits can think so wise an Assembly, as was composed of all the Noblemen of England, could be guilty of so much folly and madness, as to choose a Child, and that unborn too, for their King, and reject several brave and worthy Princes; since they could not be ignorant how many inconveniencies and Convulsions a People are subject to whose King is a Child; and they could not rationally expect the Father would live till their future Monarch was past his Minority; besides, the Kingdom being actually invaded by the Danes, stood then in need of a Prince that was Active, Prudent and Valiant: and, as I think, they could not be reasonably supposed guilty of so extremely foolish an Action, so neither in my mind ought we to be so uncharitable as to imagine them so prodigiously wicked, as that, contrary to all Equity and Justice, they should afterwards as basely forsake and reject, as they had rashly, tho' solemnly, chosen the poor Prince; surely none can believe they can stand chargeable with two Crimes of so great a magnitude. For my own part I cannot be persuaded that this Gentleman can be so senseless as to believe so evident a Forgery, or that he would have had the confidence to have made use of it, had lie not devoted himself to buoy up an Interest, that is able to support itself upon no better grounds than a company of specious and plausible, but for the most part very shallow pretences.  
Ethelred being dead, 
† Fl. Wgorn. f. 616. M. Westm. f, 203.  Canutus by the terror of his Arms, having the greatest part of the Island at his devotion, forced them to acknowledge and receive him for their King, which they being under an apparent Force, could not choose but do, which, notwithstanding this Gentleman is pleased to call an Election, but how ridiculously, I leave to every man of sense to judge; but however the City of 
† Soli Cives Londinenses, & pars Nobilium qui tunc temporis ibidem permanebant, Edmundum filium Regis, ferreum latus in Regem unanimiter exclamaverunt. M. Westm. ubi supra.  London, and that part of the Nobility that was there, stood firm to Edmond Ironside, Eldest Son and Heir to the deceased King, and received him for their Sovereign, as they were in Duty bound; but at length these two Princes being grown weary of the War, after a Duel sought between them, to avoid the effusion of more Blood, they came to this 
‖ M. Westm. f. 205.  Conclusion, That the Kingdom should be divided betwixt them, each peaceably to enjoy his share.  
But upon the Death of Edmund, the 
* M. Westm. ubi supra. Fl. Wigorn. f. 618.— Verum illi, restante Deo, falsum perhibuerunt testimonium, & fraudulentes mentiti sunt, existimantes illum sibi & mitiorem esse propter mendacium eorum, & se ab eo praemium sumpturos magnum, ex quibus falsis testibus quidam post non longum tempus ab eodem rege sunt interfecti.  Dane, being resolved to admit of no Co-parter in the Government of this Island, summons all the Great Men, and very cunningly (as if he had been ignorant of the matter) demands of them whether or no by the Agreement made betwixt him and the late King, it was Provided, That the Sons or Brethren of Edmond should succeed him during his (Canutus') Life; but he was answered by 'em, That they were ignorant of any Provision made for his Brethren at any time; but this they were sure of, That Edmund on his Deathbed had recommended the Care and Protection of his Children to him, till they came to Age capable of the Government of his Kingdom: but, says Florence of Worcester, God knows they bore false Testimony, and lied falsely; but they thought by this means to entitle themselves to some great reward, or at least to a Room in his Favours and Affections; but after by this means he had obtained the Crown, they found themselves mistaken; for, he wisely considering that such Time-serving Politicians as had betrayed their true Master's Interest, would no longer be true to his than it stood with their convenience, therefore he soon found means to cut most of 'em off; a true and just reward for their disloyalty.  
Canutus being dead, and having appointed his youngest Son Hardicanute for his Successor by his Will (it seems Princes in those days took upon them the disposing of their Crowns, without ask the consent of the people) his Second 
† M. Westm. f. 209. W. Malmesb. l. 2. c. 12. f. 76. Flor. Wigorn. 622.  Son Harald, as having the advantage by seniority of Birth, laid claim to the Crown, asserting that he being Elder Brother and Legitimate (which, by the by, was false, but however it served his turn for the present) it was not in his Father's power to rob him of his Birthright; to determine therefore the justness of his Title, a great Council was assembled, where the business (viz. who had the greater Right to the Crown) was very warmly debated on both sides, and was at length decided in favour of Harald, he having the greatest part of the Nobility and the City of 
‖ Qui jam penè in barbarorum mores propter frequentem convictum transiverant. W. Malmsb. ubi supra.  London, which was then by the long continuance of the Danes there, degenerated into barbarism: and tho' this Gentleman would make us believe this was an Election; yet I am persuaded it was nothing less, because the point in Controversy was, who had the most Right and best Title to the Crown: besides, if we may give Credit to the 
** Brompton f. 932.  Historian, who says, Placitum magnum de regni Successione apud Oxonium factum est; it was only a bare pleading and arguing the justness of Harald's pretences, 
††— quafis justus haeres (sc. Haraldus) regnare, nec tamen ita potenter ut Canu'us, quia justior haeres expectabatur Hardicanutus: (which how it could be, and yet the Kingdom be Elective, I cannot conceive?) F. Wigorn. ubi supra.  who by the corruption and partiality of the Judges got the day, notwithstanding all the endeavours of Q. Emma and Earl Godwin, who objected Harald's illegitimacy, and the Will of the deceased King (so far were they from endeavouring to make any court to the people, for the procuring of theirs, that they only desired their assent to the justness of his Title, which certainly in an Elective Monarchy no man can pretend to:) but Harald being sensible how unjustly he had obtained the Crown, used a great deal of Address and Cunning to cut off all his Competitors; and it was the hard Fortune of poor Alfred to fall into his cruel hands by the treachery of Earl Godwin, and was presently after most barbarously murdered: and yet our Pamphleteer has the impudence to tell us, That the Nobility, after the expulsion of the Danes proceeded to Elect him, which is as notoriously false, as a great many more of his Forgeries.  
But Harald Harefoot being dead, to make some amends for their former undutiful carriage, they send to 
* M. Westm' f. 110 Fl. Wigorn. 623.  Hardicanute, then at Bruges, an offer of the Crown, which he before had been unjustly deprived of; which he accepts, and comes immediately into England to be Crowned; so that all this while we find not so much as one pretence of believing this Kingdom to be Elective.  
After his death, the English grown weary of the Danish slavery, at last resolve to return to their Duty, and restore the Saxon Line to the Crown it had so long been, contrary to all Law and justice, kept from the possession of; in order to which they enter into a joint 
* Brompt●●. 934  Association, and resolve to stand by one another (as the modern phrase is) with their Lives and Fortunes in depriving, for ever, the Danes of that Government they had no pretence or right to, but what the Sword gave them. Nor can this be any Argument for the Power of Parliaments in disposing of the Succession, for what was done by the Great Council then, was but their Duty, since they were bound in Conscience upon the first opportunity to endeavour the ejection of an Usurper, and the Restauration of the true Heir to the Throne of his Fathers.  
In pursuance to this Resolution, it not being well known what was become of Ironside's Children, or if it were, they being at that time in Hungary, and having few or no Friends to assert their Right, by the Power and Interest of Earl Godwin, whose Daughter Edward had married, the 
† F. nigorn. f. 624. M. Westm. f. 212. W. Gemiticens. de Ducibus Norman. in vit. Guliel. Conq. c. 9  Confessor as the lawful and next Heir, was advanced to the Crown; but he, good Prince, knowing the Right his Nephew had to the Crown, sends for him home, that after his death he might succeed in that Kingdom, which Jure Haereditario ei debebatur, says one of our most considerable 
‖ M. Westm. f. 221. Fl. Wigorn. f. 633. W. Malms. c. ult. lib. 2. f. 93. ut aut ille aut filii sui succedant regno Haereditario Angliae.  Historians, was due to him by Hereditary Right: and if so, how could the Government be Elective? Nor was there any danger like to accrue to Edward by this, since not only the memory of so great an Obligation as this was, would keep him from attempting any thing in his Uncle's prejudice; but if he had any such Design, he being so great a Stranger, would want a sufficient Interest to bear him out. But, he dying presently after his Arrival, his Eldest Son Edgar was looked upon by every one to be Heir Apparent to the Crown, which all our 
** M. West. f. 221. M. Paris. f. 2. etc.  Historians with open cry tell us was his due by Birthright; nay, so commonly was the opinion received, that he was vulgarly called Atheling, which what it signifies, we shall best be informed by an Old English Poet: speaking of the endeavours of some Honest and Great Men to have had this Edgar crowned according to Law, Justice and Equity, in this manner: 
The good tryewomen of the land would aabbe maked King. 
Rob of Gloucester.   
The kind cir, the young child Edgar Atheling.  
Who so were next King by kind me cluped him Atheling.  
Therefore me cluped him so, vor by kind he was King.   
And since this Edgar had no Title to the Crown, upon the Account of any Election, but by Right or Blood and Inheritance, which are things altogether incompatable with an Elective Government, I cannot for my Life understand, how any man can find any thing to favour my adversary's Opinion.  
And tho', his Party not being strong enough to assert his Right, he was put by, by 
†† M. Paris. f. 2. Fl. wigorn. 633.  Harald, Earl Godwin's Son; yet every Body must acknowledge, it was most unjustly done; since Harald could neither pretend right of Blood, nor Election: For it was so far from that, that he, contrary to the Rights of Holy Church, without any Ceremony, and without expecting either the Votes of the Nobility, or the Assistance of the Prelates, he set the Crown upon his own Head, nor durst any body gainsay it: 
‖‖ W. Gemiticens ubi supra.  For he had a great part of the Land of England in his own Possession; but were 
***— Extortâ fide a majoribus sibi regnum (ut iujurias suas acumularet ampliores) diadema sine ecclesiasticâ authoritate imponendo asseruit. M. P. ubi supra.  forced and compelled for fear, to swear Allegiance to him: But at length, he met with a just Reward for his Disloyalty, losing both his Crown and Life at once, to Duke William, who had as little Right as he.  
And thus, I hope, I have made it clearly evident, that my Antagonist has been wretchedly mistaken in all his Instances, during the Saxons Government; and tho' he pretend, he picked but a few out of the many he could have produced; yet without disparagement to his exquisite Discernment, I think I may truly say, he must have had a great deal better Eyes than myself, to have found them, and a great deal more Dexterity than I can perceive he is Master of, to have by wresting and Wire-drawing, the meaning of his Authors, made more.  
But tho' he may have had ill luck hitherto in his Undertaking; yet perhaps he may succeed better in his Endeavours, after the Normans had made themselves Masters of this Island; but I am afraid, when we come to examine, How, and in what manner, and upon what Grounds, the Natural course of the Descent hath been changed? We shall find very little reason, not still to seem astonished at the boldness of the men, who would persuade us, that a Link of the sacred Chain of Succession may be broke so often as a Parliament thinks fit: For if we look but with an impartial Eye upon the History of those times, we shall find, that such a course of Succession as I am contending for, has been constantly conserved, unless diverted out of its duc Channel, by some powerful and ambitious Prince, who by Cunning, Subtilty, Artifice and Address, and by the Assistance of some Popular Friend, has juggled himself into the Throne; and tho' we find some of them debasing their Prerogative, truckling to, and courting the People for their Approbation, thereby hoping to strengthen a cracked Title, and make up in Power, and their Favour what it wanted, as to its Legality, I presume, no man, of even Common Sense, can take that for an Election, since it ought to be a Solemn, Free, Sedate and deliberate Act; which I am sure, none of my Adversaries Instances can pretend to be: Besides, it seems very strange to me, that the Kings of those Times, should Entitle themselves to the Crown, only from the Consent of the People; and that we should no where find mention of 
* Vicar Generals, they are styled in the Empire.  Administrators of the Government, betwixt the Death of the preceding King, and the Election of his Successor; since, without such a Provision (and such a one, I am sure there never was) the Kingdom must necessarily have run into Anarchy and Confufion; especially if the Crown were engaged in a War at the Death of any King, which has above once happened; therefore I think my Lord Coke 
† In the Preface to his fourth Book of Reports.  had reason for saying, This Kingdom is a Monarchy successive by inherent Birthright, of all others the most absolute and perfect Form of Government, excluding Interregnums, and with it infinite Inconveniencies.  
But proceed we now to examine his Proofs; and first he tells us, King William himself being illegitimate, yet succeeded his Father in the Duchy of Normandy; and therefore had no great reason to set any great value upon that sort of Title, which is derived from Right of Blood. But if he had pleased to have examined the matter a little more narrowly, he would have found, that 
‖ M. Westm. f. 208. W. Malmsb. lib. 3. f. 95.  Arlotte the Conqueror's Mother, was afterwards lawful Wife to Duke Robert, which subsequent Marriage was according to the then almost univerfally received Canon Law, not only sufficient to render him Legitimate quoad Sacerdotium; but quoad Successionem too; tho' the latter was not allowed of in England, propter consuetudinem regni, quod se habet in contrarium; so that at a Parliament holden 
** Coke 1 Inst. f. 245. a.  Anno 20 H. 3. for that to certify upon the King's Writ, that the Son born before Marriage, is a Bastard, was contra communem formam Ecclesiae, Rogaverunt omnes Episcopi magnates ut consentirent, quod nati ante Matrimonium essent legitimi sicut illi qui nati sunt post Matrimonium, quantum ad Successionem haereditaniam, quia Ecclesia tales habet pro legitimis: & omnes Comites & Barones una voce responderunt, Quod nolunt leges Angliae mutare, quae hucusque usitatae sunt & approbatae; but how it can reasonably be extended to Normandy, I cannot understand, for then William had been excluded.  
But to go on, William having conquered this Island, which he pretended to upon the account of the Confessor's donation: upon his Deathbed bequeathed the Kingdom of England to his Second Son William, his Eldest Son Robert being then in actual Rebellion against him; but Rufus being too wise to rely upon his Father's Will, which was contrary to all Right and Justice, 
†† M. Par. vit. W. 2. in prin. P. Virg. lib. 10.  Posts away out of Normandy immediately into England, seizes upon his Father's Treasure, and very 
** In pecuniâ dispergendâ neque segnis, neque parcus omnem Thesaurum patris Wintoniae accumulatum, in lucem proferens Monasteriis Aurum, Ecclesiis Parochianis Argenti Solidos quinque, unicuique provinciae libras centum, egenis dividendas misericorditer assignavit. M. P. ubi supra.  liberally bestows it amongst the people, giving Gold to the Monasteries, five shillings to every Parish Church, and a hundred pound to to every Province, to be distributed amongst those that were needy and in want; promises over and above an emendation of the hard Laws his Father had imposed upon his Subjects, and a speedy redress of the Grievances which then the People groaned under; by which specious pretences, and by the assiduous endeavours and great interest of 
* M. Par. vir. G. 2. in prin. P. Virg. l. 10.  Lanfranck Archbishop of Canterbery (for the Clergy in those days had no small influence upon Affairs) he so far prevailed with the generality of people, that, according to his Father's will, which was very much urged in his favour, he was received with the Shouts and Acclamations of the Crowd; where he was immediately proclaimed, and soon after Crowned King; but in spite of all their endeavours, they were not able to corrupt the Loyalty of some stout and generous 
† M. Paris. ubi supra. M. Westm. f. 231.  Normans, who, as in duty they were bound, resolved to stand firm to Robert, to whom by the Laws of God and Nature (supposing the Conqueror had lawfully enjoyed the Crown) the Royalty was due; but their brave undertaking was rendered uneffectual by the policy of William, who found means to take some of them off, and by the assistance of the 
‖ Sim. Dunelm. anno 1088. fol. 214.  English, to reduce the rest. And here this Gentleman takes occasion to observe, that the Conqueror by his absolute Victory, did not so wholly break the English, that all the Old Laws and Customs were destroyed, because they wanted not hands to use those Weapons which were put into 'em for the defence of Rufus: and thence, I suppose, infers that the Conqueror came not to the Crown, so much by Arms as Consent of the People: but how senseless and ridiculous a pretence this is, I leave to himself to judge, since a sure and faithful 
**— Ut commilitonibus Normannis qui in bello Hastingensi patriam secum subjugaverant, terras Anglorum & possessiones, ipsis expulsis, manu distribuat affiventi: & modicum illud quod eis remaneret subjugo poneret perpetuae servitutis. M. Par. in vit. W. 1. in prin.  Historian will inform him, that William having left the English Hostages in safe Custody in Normandy, returned into England to destribute the Lands of the English amongst his Norman Soldiers that had assisted him to subjugate that Country, which he did very liberally, having expelled the owners out of their possessions, and that little he was pleased to leave to some of 'em, he put under the slavish Tenure of perpetual Villeinage; which certainly he never could have done, had he not both obtained and governed the Kingdom Jure gladii. But to return from whence I have digressed; Rufus and his Brother Robert came to this Agreement, at the length that the latter, 
††— Propter manifestum jus quod habuit ad Regnum possidendum, Roberto singulis annis tria millia Marcarum Argenti daret ab Anglia, & quis corum diutius viveret Haeres eslet alterius, si absque filio moreretur; Hoc autem per duodecem magnates juratum suit utrinque— M. Westm. f. 236.  because of the manifest right he had to enjoy the Crown, should have a yearly Pension of three thousand Marks out of the Revenue of England; and he that survived the other, if he died without Children, should be Heir to the deceased Brother: and so far were they from thinking this Agreement stood in need of the Ratification of a Great Council, that there was but Twelve of their Principal friends on each side Sworn to see it duly observed.  
But Robert being absent in the Holy Land, at Rufus' death the great men of the Kingdom were mightily afraid of being long without a King (it seems they were of opinion that Robert had a right to govern) which Henry his Younger Brother wisely perceiving, resolved to take time by the Foretop, and improve this Opportunity to the Supplanting of his Brother, and Advancement of himself; therefore to win the Affections of the Great Men, he was very liberal in making them 
‖‖ P. Virg. lib. 11. partim dando, partim grandia pollicendo munera, etc.  Presents, and promising larger Rewards (the usual and most prevailing Rhetoric of Competitors) representing to 'em his Brother's Cruel Disposition, and that he himself was their own Countryman, and born after his Father's coming to the Crown which gave a reasonable pretence to expect to be preferred before Robert; and having bound himself by Oath, to make a full Restitution of all their Ancient Laws, and confirm them by his Charter, and abrogate such severe ones as his Father had made, they did 
*— In ipsum consentirent, & in regem unanimiter consecrarent.— M. Par. vit. H. 1. in princi pio.  unanimously consent to consecrate him King, and I cannot see how this that was managed with so much Bribery and Corruption can properly be called an Election; however, I think we need not wonder to find this King publicly owning the consent of the people to be the foundation of his Advancement to the Throne: for he must either acknowledge that, or openly profess himself an unjust Usurper, since he had no other way to entitle himself to it but that. But what his thoughts were, as to the justness of that Title, M. Paris, after he has told us that the Interview between the King and his Brother Robert, in order to compose their differences (for the latter had laid claim to the Crown as his Birthright, and had no inconsiderable Party to back him in it) had proved ineffectual, and that the breach was thereby rather widened than lessened, 
* Rex itaque Henricus sentiens Conscienciam suam in obtentu regni cauteriatam, erat quippe eleganter literatus, utpote a primaeuâ aetate praecepto Patris addictus literis, & jam in jure quod audiverat, secretò expeditus, cepit in semetipso impetus insurgentium formidare; & Dei justitiam in ipsum fulminare, eo quod fratri suo primogenito, cui Jus Regni manifestè competebat, temerè usurpando, Injustè nimis abstulerat; sed plus timens homines quam Deum, Regni Nobiles primò subdolis pollicitis inclinando conciliavit, cogitans postea perfundationem Abbatiae, quam construere proposuerat, de tantâ injuriâ Deo satisfacere. M. Par. vit. H. 1 Anno 1104.  informs us, that Henry who wasb both lately instructed in the Law concerning this point, and otherwise very learned, feeling the stings of Conscience for his unjust obtaining of the Crown in prejudice of his elder Brother, he began to be afraid of his Adversaries, and to fear the just Judgement of God Almighty, for depriving him of, and wickedly usurping (it seems the Election of the People could not render him guiltless of so foul a Crime) that Kingdom which he had a manifest Right to; (so that the people were very far from having a power to deprive the one of his Birth right, much less to confer it on another). But he notwithstanding all this, fearing man rather than God, endeavoured to incline the Nobility to his party by crafty promises, hoping to satisfy God for the Commission of so great an Injury, by founding a Religious House. (A strange way, you will say, of atoning for so horrible Impiety.) And thus you see what a slender Opinion this wise Prince, (who had as much reason to set a Value upon it, as any one) had of a Title that was built upon no surer Bottom, than the Choice of the People.  
Henry fearing lest some body might do as much for his Son William, as he had done for his Brother; having called a Council, made all his great Men swear Faith and Allegiance to him ('tis 
† M. P. s 66. Gervas'. Chron. 1138.  fecit jurare in the Original; tho' our Pamphleteer would fain insinuate the contrary) But William being dead in the 27th. year of his Reign (as we are informed at large from 
‖ W. Mâlmsb. Hist. Novel. l. 1. f. 175.  Malmsbury) Henry calls a Council, and having opened the justness of his Daughter, the Empress Maud's Title to the Crown, as being descended on one side from William the Conqueror, and deriving herself on her Mother's Side, from the Blood Royal of the Saxons, who in a long continued, and uninterrupted Series, of Kings lineally Succeeding one another, had enjoyed the Crown till the Arrival of the Conqueror; he commands all there present, of any Moment, to swear Fealty to his Daughter: And 
** W. Malmsb. Hist. Nou. f. 177. Anno 31 regni sui Rex Henricus rediit in Angliam, Imperatrix quoque eodem anno natali solo adventum exhibuit, habitoque non parvo procerum conventu apud Northamptonam, priscam fidem apud eos, qui dederant, novavit, ab iis qui non dederant accepit.  again, in his 31. year he called another Council, and made all those that had sworn before, renew their Oath, and took it of those that had neglected it before. Which to me is clear Evidence, that this was nothing less than Election of the Empress for their future Sovereign, since 'tis very unlikely, they needed have performed that Ceremony more than once, much less twice in four years: besides, here is no mention of choosing, or any thing like it; but only of swearing Faith and Allegiance; to which add, that this Council here, and all along before, spoken of was composed only of such persons as were Tenants in Capite to the King.  
Yet notwithstanding all this care, upon the death of the King her Father, Maud was most unjustly deprived of her Right, and by him too that always had been the first man that swore to the contrary: For, Stephen 
* P. Virg. l. 12. M. Par. vit. Steph. An. 1135.  being a man of great Resolution, and a very good Soldier; whereby he had acquired no small reputation, and gained a very considerable Interest; and being assisted by several of his Friends, and more particularly Henry, Bishop of Winchester, he thought it would prove no hard matter to set the Crown upon his own Head; but at the first discovery of his Design, a great many of the Nobility were extremely startled at the Horrid Impiety of the Man; which, he perceiving, began to soften 'em with fair words and large promises of future rewards; but that which did him the best service, was ready money, a Golden Bait that seldom fails of being swallowed by all to whom 'tis proffered. He obliged himself moreover, to consent to such good and gentle Laws as they should devise; and so by these Arts, and the restless endeavours of his Friends, he made a shift to squeeze himself into the Throne, contrary to his repeated and solemn Oaths to the contrary, and all Laws Divine and Humane; and yet this has the good luck to pass, with this Gentleman, for an Election; but certainly, he must take his Readers for either Fools or Madmen, to think they would be imposed on by such silly Cheats as this.  
Stephen had come to the Government too unjustly, to be like to continue in it long without Disturbance; for presently the Empress endeavoured to recover and regain that right she was so impiously deprived of; and after various Fortune of War, she having resigned her right to her Son Henry; Stephen and he, by the Intercession of several good and Holy Bishops, came to a final Agreement. God looking down upon the Justice of Henry's Cause, Stephen in an Assembly of a great many of the Bishops, and other Great Men, 
* Rex Stephanus— recognovit, in conventu Episcoporum & aliorum regni optimatum, quod jus Haereditarium Dux Henricus in regnum habebat: & Dux benignè concessit, ut Rex Stephanus totâ vitâ suâ, si vellet, Regnum pacificè possideret, etc. M. Par. vit. Steph. 1153. f. 86. M. Westm f. 246.  acknowledged, that Henry had an Hereditary Right to the Kingdom; (and if so, I would fain know, with what Justice the people can pretend to any power of disposing of the Crown?) and he was graciously pleased to grant, that Stephen, as long as he lived, if he were so minded, might still enjoy the Government; and then those present, were sworn quietly, upon the Death of Stephen, to receive Duke Henry, as their Natural and Lawful Sovereign.  
And accordingly, upon Stephen's Death, Henry being both loved and feared by every one, came very calmly to the Throne; and he having sufficiently experienced what an alluring Temptation a Diadem is; and that Men of Pride and Ambition, make no Conscience of breaking through all Obligations and Ties, that may obstruct their Advances to so glittering a Bait, thought the only way to secure the Crown, without Dispute, to his Eldest Son Henry, was to set it upon his Head before his Death; but before that time came, he had sufficient cause to repent his Choice of this unfortunate Course. However, this my Antagonist would have thought an Election of the Young Prince to succeed his Father, without which he could not pretend to it; but if he do but look upon that very Author 
† Gervas'. H. 2. f. 1412. Ipsâ die Henricum filium suum qui eadem septimanâ de Normanniâ, militem fecit. statimque stupentibus cunctis & mirantibus in Regem ungui Praecepit & coronari— coronatus itaque novus rex ex praecepto patris sui, succepit fidelitates.  he has quoted, he will find, if he have any remains of Modesty in him, what Reason he has to blush at his Disingenuity; for he will there find, that the great men were afraid they were called to give an account, and suffer the King's Censure for several unjustifiable Neglects they had been guilty of (surely either this Council was very far different from what we call a Parliament now; or the Times are strangely altered with 'em) but when they found 'twas only to assist at the Coronation of Young Henry, they were right glad; they all the time being filled with Wonder and Amazement; they being so far from pretending to any power of Election, that they only looked on, and then swore Fealty. Besides, 
‖ M. Paris vit. H. 2. Anno. 1170.  M. Paris tells us, that the King having called his Bishops, commanded them to set the Crown upon young Henry's head, without taking any notice of any others, as if there had been none present but they; which he certainly would never have done, if so solemn a Ceremony as an Election had been necessary.  
Henry was succeeded by Richard his Eldest Son, living at his Death; without any provision made in his Father's life time, in order thereto from the consent of the people, unless he will call an Article of Peace between King Henry and the King of France one: and certainly he must mean that if any thing, when he says his Father was glad to get the Succession confirmed to him; but by this it was only 
* Provisum est etiam quod Comes Richardus acciperet Homagia hominum de omnibus terris Patris sui citra mare & ultra. M. Paris f. 151.  Provided, That Richard should receive Homage from all his Father's Subjects: but for all this, he tells us, That he was again Elected after his Father's Death; which to me seems very strange, for one would have thought one Election would have served his turn; but 'tis like the rest of his incoherent Discourse: besides, I cannot believe King Richard would afterwards have taken upon himself to declare his Nephew 
† Flor. Hist. Anno 1190. M. Paris vit. R. 1. An. 1190.  〈◊〉 his Heir, unless he had known that the Kingdom was Hereditary, for in an Elective Monarchy there can be no such thing.  
But notwithstanding King Richard being killed at Chalize, he was most unnaturally put by his Right by his Uncle 
‖ M. Paris. An. 1199. in. vit. Johan.  John, who immediately seized upon his Brother's Treasure, and retaining all his Servants and Stipendiary Soldiers in their former Condition, he comes into England after having very generously distributed his Money amongst those, that he thought were capable of doing him any Service, and having first sent several of his Principal Friends thither, who made the people swear Allegiance to him; tho' at first he met with some rubs in his way, from some Loyal and Brave Persons who adhered to Arthur, as their Natural Liege Lord (as the 
** M. Paris. ubi supra.  Historian expresses it) alleging, that, according to the received Custom, Arthur the Son of the Elder Brother ought to succeed into that Hereditary Patrimony his Father Geofry should have enjoyed, had he outlived his Brother King Richard; but having called a Council of all those, 
†† M. Paris ubi supra.  Qui ejus Coronationi interesse debuerant, Archbishop Hubert made such a Speech to 'em, as (he says truly) would have startled the Convocation in 1640; but it sounded as strangely to those then present, to hear him assert, That no one could have any Title to the Crown, Nisi ab universitate Regni unanimiter electus, and to run on at so notoriously false and extravagant a Rate: but he being a very Potent Man, both the King and the rest were forced to hear him patiently, but with no small concern, that a man of his incomparable Wisdom, and so considerable a Pillar of the Commonwealth should openly maintain so strange a Doctrine; but none were so deeply touched as those good and honest men, who being fully persuaded of the justness of Arthur's Title, were extremely surprised to find a Clergyman and Archbishop the principal 
***— Aut fraudandi Arthurum optimum Adolescentem, avito regno, aut contra jus fasque Johannem regem creandi, authorem esse. Pol. Virg. lib. 15. in princ.  Actor in depriving the poor Prince of that Hereditary Kingdom, which by Birthright was his due, contrary to all Law and Justice, setting the Crown on John's Head.  
But the business being over, the Achbishop was asked why he would, in the face of the Sun, offer to deliver such false Principles; upon which the Good Man, not well knowing how to give an handsome Reply, ventures upon defending, or at least excusing one Lie by another; telling them 
††† Respondet se praesagâ ment conjecturare, a quibusdam oraculis edoctum & certificatum fuisse, quod ipse Johannes Regnum & Coronam aliquando foret corrupturus, & in magnam Confusionem praecipitaturus, & ne habeat liberas habenas hoc faciendi ipse Electione non Successione Haereditariâ, eligi debere affirmabat.  That his mind did not only forebode it, but he was informed in a Dream from God, that one day this John would prove a very ill Prince; and therefore he delivered that Doctrine, tho' false, that John remembering by what Tenure he held his Crown, might have a Check upon him, to prevent his running out too far in his Extravagancies: so that he having acknowledged what he then delivered to be false; the contrary must needs be true; for there is no medium betwixt them; and all this considered, you may see how much Reason you have to admire the Gentleman's Candour and Sincerity in relating this Transaction.  
But King John had not enjoyed the Crown long, but he felt the effects of this popular Doctrine, which the Archbishop had instilled into the people's heads: For they growing weary of his Government, that was partly Arbitrary and Tyrannical, withdrew their Obedience from him, and elected Lewis Son to the French King (which how they could do, and not be guilty of Rebellion, I am not able to understand) but however, it was not as my Pamphleteer would have it, more easily consented to by Philip his Father, because King John had been condemned and attained for Treason in his Brother Richard's time, because he was pardoned all his Crimes by that King, as 
* Vit. R. 1. f. 176.  M. Paris will inform him; but because he stood attainted for the Murder of 
† M. Paris. f. 281. M. Westm. f. 275.  Duke Arthur, for which he had in France been tried by his Peers and condemned.  
But King John dying in the midst of these Troubles, his Son Henry the Third being then under Age, was advanced to the Throne by the Loyal endeavours of the Earl Martial and the Legate Walo, with several other Great Men, who, Westminster the usual place of Coronation being in the hands of Lewis and the Rebel Lords, before the great Altar in the Conventual Church at Gloucester, anointed and solemnly crowned him, says the 
‖— Est— Henricus Johannis primogenitus, in regem inunctus & solenniter coronatus: M. Westm. f. 277.  Historian. And tho' from the Speech which was made to that party of the Nobility that was there then, by the Earl Martial, 'tis pretended that Henry was Elected; yet I dare say, if any one do but impartibly consider the Tenor of it, he will find that the Design of it was rather to persuade those present to return to their Duty, and acknowledge him for their King whom God and Nature had designed for that great Charge: for he gins his Discourse to 'em thus 
** H. Knighton. l. 2. c. 15. f. 2426.  Ecce Rex Vester (which he certainly then could not be, if their Election were necessary to make him such) and amongst the rest of his Arguments, says to 'em thus— hunc igitur libeat regem dicere cui ipsum regnum debetur— You ought to choose him to whom the Kingdom is due (which surely it can be to none, if it be not Hereditary) and what puts all out of doubt that the Kingdom was not then (and if not then, I am sure never since) Elective, is the Answer of Hubert de Burgh, that great both Statesman and Soldier, to Lewis when he summoned him to deliver up Dover to him, since his Master for whose use and service he had so long and valiantly defended it, was dead; 
†† Si Dominus meus mortuus est, habet filios & filias qui ei succedere debent. M Parnell vit. H. 3. in prin.  If my old Master, says he, be dead, he has left behind him Sons and Daughters which ought to succeed him. A thing he never would have asserted, had he not thought there had been a Divine Right somewhere else than in the people.  
Henry the Third being gone the way of all Flesh, his Eldest son Edward succeeded him: a Prince of most extraordinary hopes, and whose Life let the World see it was not deceived in him; this Prince, at his Father's death, was absent in the Holy Land, in pursuit of Honour there; yet notwithstanding, in a great Council held at London, 
‖‖ Edwardum absentem Dominum suum Ligeum recognoverunt, paternique Successorem honoris ordinaverunt. Tho. Walsingh. vit. E. 1. f. 43.  he was recognized and acknowledged to be their Natural Liege Lord, and Lawful Successor to his Father's Throne. We meet not here with any thing like Election, which no doubt we should not fail to do, if there were any such thing practised.  
But because we are told (page 6) that whether Edward were the Eldest Son of his Father or no, remains a doubt in History, I shall endeavour, notwithstanding the pretences of the House of Lancaster to the contrary, whose Interest it was, (as the Foundation upon which the Justness to their Claim to the Crown was founded) to have it thought otherwise, assure him from one that had as good an Opportunity, and great Reason to know as any man, that Edmund was six years younger than his Brother Edward: For; says M. Paris, who lived in the Time of Henry the 3 d. and was very great at Court, 
* M. Par. 488.  Edward was born the 15th. day of May, An. 1239. at Westm. and upon S. Marcellus' day An. 1245, 
† M. P. f. 654.  Queen Elinor presented the King with another Son, who, by his Command, was called Edmund; and tho' it was sometimes said he was put by for his Deformity, yet 'tis well known how notoriously false that Scandal is: For he had his Name Crouch back, not because he was crooked, but by reason of a Cross he used (as did all those that took upon them the Croisado) to wear upon it.  
The next was that Unfortunate Prince Edward 2. who suffering himself to be too much guided by his Minions, fell at length into some arbitrary and irregular Courses that brought the hatred and ill will of his Subjects to that degree upon him, that by the disloyal and ambitious Practices of his lustful and lascivious Queen, and undutiful and unnatural Son, he was at last deprived both of his Crown and Life; an Action so inhuman, barbarous and detestable, and every way so unjustifiable, that I cannot but wonder with what Brow and Conference, any man can bring that as an Instance of the Power of Parliaments. At this rate the blackest Villainies that Hell can invent, may be defended, if it be but as sucessful as 'tis impious. Besides, should we but once allow it lawful for Subjects, when they think fit, to depose and murder, or as then 'tis called, bring to Justice their Princes, we shall not only undermine the very Foundations of all Government, but give a fatal Blow even to Christianity itself: And well might the poor Prince solace himself, in the midst of all his almost insupportable Afflictions, with the hopes of having his Son (whose Wickedness he was ignorant of) Reign after: For it would be no doubt, no small comfort to him, to think that those Men who in Contempt and open Defiance to the Laws of God and Nature, had proceeded to perpetrate so horrid a Crime, that a Heathen of the true Roman Stamp, would have blushed at the thoughts of, should not yet so far forget themselves, as to reject every Branch of that Tree, at whose Root they had struck so great a Blow. Surely from Times so disturbed and unsettled as these, Men of either Honesty or Common Sense, will not offer to bring Precedents to direct themselves by.  
After a long and Glorious Reign, Edward the Third, who, after the Death of Edward the Black Prince, had in Parliament created Richard of Bordeaux, Earl of Chester, and Prince of Wales, in a short time after, left the Crown to this Young Prince, another of our unfortunate Kings; 
† P. Virg. lib. 19 & 20.  and so far is it from being true, that his Title to the Crown was questioned by John of Gaunt, the great Duke of Lancaster, that he was, at the latter end of his Father's Reign, entrusted with the Lieutenancy of the Realm; and after his Death, was Protector to the Young King, during his Minority: which certainly had never been if John of Gaunt, jure propinquitatis, had claimed the Crown, it being dangerous to put so great a Trust and Power into the hands of a Competitor: Nor was ever the Succession confirmed to him by Parliament, any otherwise than I have mentioned. Neither can Polydore's Regem dicunt, if you leave out this Gentleman's disingenuous Addition of [by their Common Suffrages] for there is no such thing in the Original, signify any more, than that he was proclaimed King; But it would be well for this unhappy Prince, if he might but as quietly quit, as he entered into the Throne; but alas! it fell out quite otherwise: For King Richard being made Prisoner by his Cousin Henry of Lancaster, a Parliament was Summoned by him in the King's Name, in the one and twentieth year of his Reign, to meet at Westminster. An action certainly illegal in itself; for if the King's Summons were necessary, as it appears it was, I would gladly know how it can be pretended, in this Case, that this Parliament did convene by his Authority? for tho' the Writs were issued out in his Name; yet was he so far from consenting to it, that if it had lain in his power he would have prevented it. But this Assembly or Parliament, call it what you will, being got together, I would fain be informed upon what Law or Authority (I mean Legal) they grounded their following Proceed? for if the Breath of the King's Nostrils was necessary to give them their Being, it is a little irrational to suppose, they could thence derive a Lawful Power to destroy the Author of their Life: besides, how can it be supposed they could proceed justly to pass a Final Sentence upon Him whose concurrence was absolutely required to give birth to any Law which might concern his meanest Subjects, tho' they thought it ne'er so convenient? and why should we believe it in the Power of the Estates of the Realm to impose any thing upon the King, when he could bind them to observe nothing without their consent first obtained? and yet our Pamphleteer is not ashamed to avouch this as a Precedent of Parliamentary Power, in the Point of Succession. But if we do but examine the matter a little more narrowly, we shall find it makes very little for his purpose, unless it be his Design (and a man must have a great deal of Charity to believe it is not) to instruct the people how to proceed in case their King will not do as they would have him; for we shall find, that tho' they usurped the exorbitant Power of Deposing Richard; yet did they not pretend to the power of Electing who they pleased, but thought themselves in duty bound to submit to him to whom by Right of Blood the Crown did belong. And this evidently appears from Henry, Duke of Lancaster's manner of laying Claim to the Crown; for no sooner was the Throne void by the pretended voluntary Resignation of King Richard, but Henry, first having fortified himself with the sign of the Cross, stood up and made his demand of the Crown in his Mother-Tongue in this form of Word; (as I have extracted them out of the 
* Rot. Parl. 1 H. 4. memb. 20.  Parliament Roll:)  
In the Name of the Fader, Son and Holy Ghost, I Henry of Lancastre challenge this Rheum of Ynglonde, and the Corone, with all the Membres and the Appurtenances, als I that am descendit by right line of the blood coming from the good Lord, King Henry third, (By this you may see what it was he laid the stress of his Claim on.) and thorghe that Right that God of his Grace hath sent me, (He it seems acknowledges God, and not the people for the Author of his Right.) with the help of my Ryn and of my Friends to recover it; the which Rheum was in point to be ondone for default of Governance and undoing of the good Laws.  
After which Challenge and Claim (says the Record) as well the Lords Spiritual as Temporal, all and all the States there present, being severally and all interrogated what they thought of the aforesaid Challenge and Claim: The  States, with all the Commonalty, without any difficulty or delay, unanimously agreed, that the aforesaid Duke should reign over them. And this being the Naked Truth of the matter, I cannot imagine with what propriety of Speech this can be called an Election; or what reason this Gentleman had for to say, that the  Title was the least of all insisted on; when it appears from the Roll (as I have faithfully translated it) that no other was so much as mentioned.  
And thus we have heard how the poor and unfortunate Prince, Richard the Second (from whose Actions, if they be but examined with an impartial Eye, we cannot conclude him to have been either very insufficient or evil; if we soberly weigh the Imputations that were objected against him, we shall find nothing of any truth, or at least any moment) was, in a tempestuous Rage, deprived of his Right; and upon what Grounds Henry 4. mounted his Throne.  
But how justly, even in the Opinion of some at that time, you will best be informed from Thomas Marks, Bishop of Carlisle, a wise and Learned man, and of no less Courage; who, when it was moved in Parliament what should be done with King Richard? He boldly stood up, and spoke to this Effect (as it is set down by 
* Bak. Chron. f. 158.  Sir Richard Baker; and since it is so much to the purpose, I hope the reader will not be displeased with the length of it.)  
My Lords, The matter now propounded is of marvellous Weight and Consequence, wherein there are two points chief to be considered. The First, Whether King Richard be sufficiently put out of his Throne? The Second, whether the Duke of Lancaster be lawfully taken in? For the First, How can that be sufficiently done, when there is no Power sufficient to do it? The Parliament cannot; for of the Parliament, the King is the Head; and can the Body put down the Head? You will say, the Head may how itself down; and may the King resign? It is true, but what force is in that which is done by Force? And who knows not that King Richard's Resignation was no other? But suppose he be sufficiently out, yet how comes the Duke of Lancaster to be lawfully in? If you say by Conquest, you speak Treason: For what Conquest without Arms? And can a Subject take up Arms and not be Treason? If you say, by Election, of the State, you speak not Reason: For what Power hath the State to elect, while any that is living hath Right to succeed? But such a Successor is not the Duke of Lancaster, as descended from 
* So called from a Cross he used to wear upon his Back.  Edmund Crouchback, the Elder Son of King Henry the Third, tho' put by the Crown for Deformity of his Body: For who knows not the Falseness of this Allegation? Seeing it is a thing notorious, that this Edmund was neither the Elder Brother, nor yet Crookbacked; but of a goodly Personage, and without any Deformity. And yourselves cannot forget a thing so lately done, who it was, that in the Fourth year of King Richard, was declared by Parliament to be Heir to the Crown, in case King Richard should die without Issue. But, why then is not that Claim made? because Silent Leges inter Arma, what, disputing of Titles against the stream of Power? But however it is extreme injustice, that King Richard should be condemned without being heard, or once allowed to make his Defence. And now my Lords, I have spoken thus at this time, that you may consider of it before it be too late, for as yet it is in your Power, to undo that justly, which you have unjustly done.  
Thus spoke that Loyal and Good Prelate, but to little purpose, though there was neither Protestation nor Exception made against this Speech, which certainly there would have been, had there not been as much Truth as Boldness in what he said.  
And tho' Henry the Fourth did afterwards get the Inheritance of the Crown and Realm of England settled upon himself for Life, and the Remainder entailed upon his four Sons by Name, and the Issue of their Bodies, yet that cannot at all make for my Adversaries purpose, since it amounted to no more than a Confirmation of him in the Throne; or if it did, we may well suppose that a Prince that was conscious to himself how unjustly he had gained his Crown, would not be very unwilling to take such a way, tho' in derogation to his Prerogative, to secure himself, if possible, tho' not out of an Opinion that they could give him a better Right than they had; but because 'tis natural to suppose they would, upon any occasion, be ready to defend what they so solemnly had enacted  
Come we next to Henry the Fifth, who, this Gentleman says, was Elected: But how notoriously false that Assertion of his is, will appear from hence, that first there was no Parliament called till after his Coronation; and in the next place, that if the Act of Parliament, made in the Seventh Year of Henry the Fourth, had so great a Force and Virtue as he says it had, it was needless; nor can he prove any such thing from that careless, and negligent Historian Polydore: For Concilium Principum, with him, does not always signify a Parliament; as any one that has read him, which I dare say he never did, will perceive; nor does his Phrase, creare Regem, import any more than the King's Coronation; besides, 'tis most untrue which he affirms, that Allegiance was never sworn before his Time, till after a King was Crowned: For the contrary appears from King John and Edward the First: Nay, 'tis undeniably true, that the Kings of England have exercised all manner of Royal Jurisdiction, precedent to all Ceremony, or any Formality whatsoever; and that the Death of one King, has, in that very Moment, given Livery and Seisin of the Royalty to the next Heir; and by virtue of that, Richard the First, as a Mark of his Sovereignty, immediately on his Father's Death, restored the Earl of Leicester to his whole Estate.  
Henry the Fifth being dead, he was without any Opposition, admitted to the Throne, although but an Infant; but in the Thirty Ninth Year of this King, in open Parliament, Richard, Duke of York, the true and rightful Heir to the Crown of England and France, made his Challenge and Demand of it, as being next Heir to Lionel, Duke of Clarence, Elder Brother to John of Gaunt, from whom descended the House of Lancaster; but to this Claim of his, it was answered, by the King's Friends, That the same Crowns, were, by Act of Parliament, Entailed upon Henry the Fourth, and the Heirs of his Body, from whom King Henry the Sixth did lineally descend. 
* Rot. Parl. 39 H. 6. n. 10. etc.  The which Act (say they, as it is in the Record) is of Authority to defeat any manner of Title made to any Person. To which the Duke of York answerably replies, That if King Henry the Fourth might have obtained and enjoyed the said Crowns of England and France by title of Inheritance, Descent or Succession, he neither needed, nor would have desired, or made them to be granted to him in such wise as they be by the said Act; the which taketh no place, nor is of any Force or Effect; (mind that) against him that is Right Inheritor of the said Crowns, as it accordeth with God's Laws and all Natural Laws: And this Claim and Answer of the Duke of York, is expressly acknowledged and recognized by this Parliament, to be Good, True, Just, Lawful and Sufficient; and 'tis agreed that Henry shall hold the Crown during his Life; and the Duke of York, in the mean time, to be reputed and proclaimed Heir Apparent.  
So that we have here (as much as can be desired) a Parliament, not only declaring, that a Title to the Crown, aught to derive itself only from the Laws of God and Nature; and not from any Civil Sanction; and acknowledging in at the Bargain, that it is beyond the Reach of any Humane, Legislative Power, to debar and exclude any one that justly claims by such a Right.  
But to ● proceed upon Edward the Fourth's coming to the Crown, a Parliament convened in the first year of his Reign, does acknowledge and recognize his Title in these words (as the 
* Rot. Parl. 1 Ed. 4. n. 8. etc.  Record has it) Knowing also certainly without doubt and ambiguity, that by God's Law and Law of Nature, He (h. e. Edward the Fourth) and none other is and aught to be true, right-wise, and natural Liege and Sovereign Lord. And that he was in Right from the Death of the said Noble and Famous Prince his Father, very just King of the same Realm of England. So here again we have another Parliament of the same mind with the last, and I doubt not but we shall meet with more of 'em  we have done.  
When King Edward the Fourth was droven out of his Kingdom by Henry the Sixth, 'tis true the Crown was again entailed (if it may be properly so called) upon him and his Heirs, etc. but still the proceeding was grounded upon the same Bottom with the former.  
Here our Pamphleteer is pleased to make this drowsy Observation, that both the Families of York and Lancaster claimed a Title by Act of Parliament: 'tis true the latter did, because they had no other that would carry Water, but as false that the former ever did; for they, as you have seen before, founded their pretences upon the sound Bottom of Divine and Natural Law. Besides Richard, Duke of York challenged the Crown as his just Right before any Act passed in his favour; nor was it the want of a Parliamentary Title which he stood in need of that kept him off but because he had not Power and Interest enough to assert the justness of his Title: and therefore 'tis no wonder he deferred the making of his Claim so long; for to have done it sooner, would but have riveted the Usurper more firmly in his Throne.  
But Edward having regained his Kingdom as quickly as he lost it, left it at his death to his unfortunate Son Edward the Fifth, who was soon deprived both of that and his Life, by his barbarous, inhuman, and ambitious Uncle Richard, Duke of Gloucester, who having persuaded some, and forced others to believe, or at least seem to believe, that all his Brother Edwad's Children were Bastards, did, by a kind of pretended Election, and at the instance of all the Great Men, take (or rather usurp) the Crown. But that the mystery of that subtle Transaction may be fully discovered, I shall transcribe that Petition and Election, as they call it, out of the Parliament Roll, as much as is necessary, and opitomize the rest, and then I will leave the Reader to judge how disingenuously (not to call it worse) though according to his Custom, this Gentleman would insinuate, as if in the midst of their highest flatteries and courtship to him, they tell him only of this great and sure Title by Act of Parliament. An untruth, if he had had the least grain of Modesty, he could not have had the confidence to assert; but by this time, I suppose, you know what a man I have to deal with.  
But I hope the Roll will convince him, and make him ashamed of his dis-ingenuity. 
* Rot. Parl. tent apud We●im die Ven. 23 die Jan. 1 R. 3.  In this Petition and Election (but that Election imports not what he would have it, I hope, will evidently appear from the sequel) they set forth the many Grievances and Oppressions the Kingdom groaned under, through the dissolute Government of the late King, Edward the Fourth: they say farther, That the King was never married to his pretended and reputed Queen, or if he was, that upon the account of a Precontract to another Lady, that Marriage was unlawful, and, ipso facto, void: and so either way all his Children were illegitimate. They say farther, That George, the late Duke of Clarence being attainted of High Treason, and his Blood corrupted, by reason thereof his issue are debarred or all Right and Claim to the Crown: (But the reasonableness and lawfulness of this Position I shall take the Liberty to examine hereafter.) Over this (I give you the Words of the Record in English.) We consider that you be the undoubted Son and Heir of Richard late Duke of York, very Inheritor of the said Crown and Dignity Royal, and, as in Right, King of England by way of Inheritance; (how then can the Parliament challenge a power of Election in the modern sense of the words?) and that at this time the premises duly considered, there is none other person living, but You only, that, by Right, may Claim the said Crown and Dignity Royal by way of Inheritance— And then they go on in a most abject way of Flattery to recount his excellent Parts, and extraordinary Qualifications for the Government— Wherefore (say they) these premises by us diligently considered, we desiring effectually the Peace, Tranquillity, and Weal-public of this Land, and the reduction of the same to the ancient honourable Estate and Presperity; and having in your great Prudence, Justice, Princely Courage and excellent Virtue, singular Confidence, have chosen in all that in us is, and by this our Writing choose you High and Mighty Prince our King and Sovereign Lord— to whom we know of certain it appertaineth to be chosen. (From whence it appears, that what they call Election, amounts to no more than a Ceremony or formality of acknowledging their Prince,) Therefore they desire him as his true Inheritance (which 'tis impossible in an Elective Kingdom the Royalty can be) to accept of the said Crown and Dignity, according to this Election of the Three Estates. (Surely then the King was none.) They add soon after: Albeit that the Right, Title, and Estate which our Sovereign Lord the King, Richard the Third, hath to and in the Crown and Royal Dignity of this Realm of England— be just and lawful, as grounded upon the Laws of God and of Nature, (mind that): and also upon the ancient Laws and landable Customs (and therefore not upon any Statute, but Common-law) of this said Realm: and so taken and reputed by all such persons, as be Learned in the abovesaid Laws and Customs: yet nevertheless, (Here once for all take notice of the true Reason of the Parliaments meddling with the Succession.) for as much as it is considered, that the most part of the people is not sufficiently Learned in the abovesaid Laws and Customs, whereby the Truth and Right in this behalf of likelihood may be hid, and not clearly known to all the people, and thereupon put in doubt and question. And over this, how that the Court of Parliament is of such Authority, and the people of this Land of such a Nature and Disposition, as experience teacheth, that Manifestation and Declaration of any Truth or Right made by the Three Estates of this Realm Assembled in Parliament— maketh before all other things most Faith and Certainty, and quieting of men's Minds, removeth the occasion of all Doubts and Seditious Language: And therefore at the Request, and by the Assent of the three Estates of this Realm, (the King cannot be one) that is to say, the Lords Spiritual ('tis they are one of the Estates) and Temporal, and Commons of this Land Assembled in this present Parliament, and by Authority of the same, be it pronounced, decreed and declared, That our said Sovereign Lord the King, was and is the very undoubted King of this Realm of England, etc.— as well by right of Consanguinity and Inheritance, as by lawful Election, Consecration and Coronation. And since the two latter, as all the World knows, do give no new right, but are only Ceremonies, and bare Formalities of State; I can see no reason why what they call Election (which certainly must not be strained to Propriety) should be reputed any other: because, it not only is joined with the rest, without any Distinction; but likewise, Election in the usual Sense, is incompatible with an Hereditary Monarchy, such as this is over and over proved to be.  
To all which, the King assented in these words, Et idem Dominus Rex de assensis dictorum trium Statuum Regni, & Authoritate praedicta, omnia & singula Praemissa in Billa praedicta contenta concedit, ac ea pro vero & indubio pronunciat, decernit & declarat.  
So here we have as much as can be desired; a Parliament that had assumed a very extravagant Power; yet declaring that the Kings of England do derive their Titles from God and Nature only; and that this was consonant to the known Custom, and Ancient Practice of the Realm.  
But the innocent Blood of this barbarous and cruel Tyrant's Nephews, whom he had caused inhumanely to be murdered, crying to Heaven for Vengeance, God raised up one to deprive him at once both of his Grown and Life. I mean Henry, Duke of Richmond, of whom the judicious 
* 7 Book in fine.  Comines says, Qu' il n' avoit Croix, ne Pile, ne nul Droit, (come Ico croy) all a Corone d' Angleterre. Come we now to the Consideration of the Methods he used to establish himself in his new-gotten Kingdom after the Death of 
† Bacon's Hist. of H. 7. f. 4. Edit. London. 1622.  Richard; and we shall learn that from the best of our Historians, in his Life, of that wise Prince, who tell us, that the King, after his Victory at Bosworth Field, being come to London, was very much distracted in his Choice of a Title to the Crown, as whether he should claim it by Right of Conquest? but that he judged a very dangerous and unsatisfactory way, or in Right of the Lady Elizabeth, Heiress to the House of York, whom he had promised and intended to marry? But as to this, he considered, that he should be a King only by Courtesy, and Tho' he should obtain by Parliament (says my Lord Bacon) to be continued (for otherwise, he must upon his Queen's Death have resigned) yet he knew there was a very great difference between a King that holdeth his Crown by a Civil Act of the Estates, and one (mind that) that holdeth it Originally, by the Law of Nature, and Descent of Blood: So far he. Therefore upon those Considerations, he resolved to rest upon the Title and Right of the House of Lancaster, as the Main, as that which would prove his surest Card: For tho' he could not be ignorant, that upon several Accounts, that Title could not stand the Test of a severe and legal Trial; yet he knew very well, that it was not only very foolish to dispute such things with a man that had thirty Legions at his Beck; but that there could be no occasion for it, during the Life of his Queen, who was true Heir to the Kingdom; and after her Death, he might hope the Sense of Filial Duty, would deter her Children from any Attempt, to disturb him; yet however his opportune Death was looked upon, by many, as his greatest Happiness, whereby he was withdrawn from any future Blow of Fortune, which certainly, (in regard of the great hatred of his People, and the Title of his Son, being then come to Eighteen years of Age; and being a bold Prince and liberal, and that gained upon the People by his very Aspect and Presence) had not been impossible to have come upon him; as the Judicious Bacon 
* Hist. of H. 7. f. 231.  words it.  
With this Resolution he was Crowned; and having called a Parliament (you see he did think an Act of theirs necessary to make him King, tho' he thought it convenient to confirm him) where an Act was passed for settling the Crown upon him 
† Hist. of H. 7. f. 11.  which he did not press to have penned by way of Declaration, or Recognition of Right; as on the other side, he avoid to have it by new Law or Ordinance; but chose rather a kind of middle way, by way of Establishment; and that under covert and indifferent words, That the Inheritance of the Crown, should rest, remain and abide in the King, etc. which words might equally be applied, that the Crown should continue to him; but whether, as having former Right to it (which was doubtful) or having then in Fact or Possession (which no man denied) was left fair to Interpretation either way. And this Statute he procured to be confirmed by the Pope's Bull, the year following; which is a plain Proof, he relied not so much upon the Power of a Parliament, as this Gentleman would persuade us; nor can there be drawn from this proceeding of King Henry's, any thing that makes more for the Authority of a Parliament in these matters, than for the Popes, which I am sure no Sober man, but must allow to be none at all.  
Besides, this Prudent King was so conscious of the Weakness of his own Title, notwithstanding this Act of Parliament, that in the Troubles that happened very often in his Reign, to prevent the People's prying and enquiry into the Justness of it, he got an an Act to pass 
‖ Lord Bacon's History of H. 7. f. 144.  in the Eleventh year of his Reign, that no man that assisted him in Wars, should afterwards be deemed or taken for a Traitor; nor should be impeached therefore, or attainted, either by the Course of the Law, or by Act of Parliament; and truly it was agreeable to good Conscience, that whatsoever the Fortune of the War were, the Subject should not suffer for his Obedience.  
His Argument drawn from the Oath of Allegiance, and other Public Test and Securities, after what I have said already, will appear so ill considered a pretence, that I should but lose time in standing to confute it.  
I shall then proceed to Henry the 8th. his Son and Successor, and see if any thing can be gathered from thence, that may make for our Pamphleteer's purpose.  
And I doubt not, but it will appear, that whatever was done in that Great Prince's Reign, was rather the Effect of his extravagant Capricious Lust, or Revenge, than founded upon the true Maxims of Justice, Equity, or Lawful Authority.  
For Sir W. R. in his Preface to the History of the World, can tell us, that his violent Hatred to the Elder House of Scotland, was the cause of most of those Acts, using, says he, his sharpest Weapons, to cut off, and hue down those Branches which sprang from the same Root that himself did: but yet that Blood which the same King affirmed, that the Cold Air of Scotland had frozen up in the North, God hath diffused, by the Sunshine of his Grace; from whence His Majesty now living, and whom God grant long to live, is descended.  
And as for the rest, they were consented to; or rather, to speak Truth, forced from the Parliament by the King (for he used to make them do what he had a mind to) to satisfy some wild Humour of his, though to the prejudice of his Prerogative.  
For the legality and unlawfulness of his second Marriage, depending upon the validity or weakness of the Pope's Dispensation, which by the generality of the World was then thought unexceptionable, it is no wonder if Henry the Eighth, contrary to the natural greatness of his Soul, called to his Assistance his Parliament (with which his ipse dixi was a Law) to cut that Gordian Knot asunder, which he was not able to untie.  
But it is time now to examine the palpable contradictions of those several mad and extravagant Acts that he made, and first in the 
* Stat. 25. H. 8. c. 22.  25th year of his Reign, after he was Divorced from Queen Katherine, and had married Queen Anne: The Parliament having in the Preamble to the following Act, declared what great miseries, and how many troubles had befallen this Realm, by reason of the ambiguity of the several Titles to the Crown, do think themselves bound in duty, by a Declaration of the true Heir, to avoid the causes of such Distractions for the future, It is therefore Enacted and Ordained, That the King's Marriage with the late Queen Katherine is void, as directly contrary to the Laws of God, and therefore not dispensable with by the Pope, or any Humane Power whatsoever. They therefore bastardise Mary, and declare the Marriage between his Majesty and Queen Anne to be just and lawful; and that the Children of their two Bodies begotten shall be and are legitimate, and then, in default of Issue Male, entail the Crown upon the Lady Elizabeth, etc. and every one by the Sanctimony of an Oath, is bound to the observation and performance of this. And the next Parliament does Enact a particular Oath for that purpose, whereby every one is bound to bear Faith; Truth and Obedience only to the King's Majesty, and to his Heirs of his Body of his most Dear and entirely beloved lawful Wife Queen Anne, begotten or to be begotten.  
But mark what follows; a few years after 'tis Enacted. 
St. 28. H. 8. c. 7.  That the people shall forswear themselves, the late Marriage is declared unlawful, null and void; the Lady Elizabeth is Bastardized (as the Lady Mary was in the former Parliament) and the King's Marriage with Queen Jane is acknowledged consonant to the Law of God; the Crown entailed upon their Issue, and for failure of them, the King is empowered to dispose of the Crown to whom he please by his Letters Patents, or his last Will: and the whole Nation was obliged by the Sanctimony of an Oath to the observation of this Law.  
So that you have at once not only Swearing backward and forward, but the Crown made Elective (if Act of Parliament can make it so) which had always hitherto been Hereditary, which so many  Parliaments had declared was due to the next Heir by Inherent Birthright, and by the Laws of God and Nature; a Title sure unimpeachable by any Civil Power, and all this in open defiance of all Equity, Justice, and Common Reason, on purpose to disinherit the House of Scotland (which as much as Humane Power could do, it was by this Act done) and to advance his Bastard Son Henry Fitz-Roy, whom he most entirely loved, to the Throne.  
But not yet content to put a period to his extravagancy, in the 35th year of his Reign, he caused it to be Enacted, That after his Death, and the Death of Prince Edward, without Issue, the Crown should be to the Lady Mary, and the Heirs of her Body; but subject to such Conditions as the King should limit by his Letters Patents, or by his last Will: and if the Lady Mary performed not those Conditions, that then the Crown should go to the Lady Elizabeth; and if the Lady Elizabeth neglected to perform such Conditions, than it should go to such other person as the King should appoint. And he was again empowered by his Letters Patents, or last Will, to grant the Remainder or Reversion of the Crown to what person he should appoint: and the whole Nation is again bound to the observation thereof By an Oath.  
But surely no man will argue from these contradictory and wild Acts, that the King and Parliament have any power to limit and alter the Succession, since, if we believe those Parliaments I have before mentioned, 39 H. 6. 1 E. 4.1 R. 3. we shall find that to be removed beyond the reach of any mortal Arm, and reserved to the only disposal of Him by whom King's Reign and Princes Decree Justice: And certainly we have as much reason to believe them as can be rationally expected, since 'tis very natural for those that assume so much power to themselves as they did, to screw it up, when their hands are in, to the highest pin; for 'tis not likely that they, if they could have found the least shadow of Evidence to the contrary, would, out of a Compliment to God Almighty, have thrown back that Power into his hands, which he had once pleased to bestow upon, and invest in them.  
Nor need we at all wonder to find a Prince of King Henry's Spirit and Native greatness of mind, fall so beneath his usual Majesty in such things, since perhaps no Prince can be met withal, in whom there concentered a greater number of odd and anomalous Circumstances, which did incline him to crave in Aid of his Parliament; for he being one that would sacrifice every thing to his Humour, Lust, or Revenge, he was forced to take this course, to remove all the Letts that stood in his way, as far as Humane Power could carry them.  
Therefore I am persuaded these Acts of Parliament ought no more to be urged as Precedents for us to guide ourselves by, than his Arbitrary and Illegal Methods of bringing those that had the misfortune to fall into his hatred, to the Block, without being once heard, or suffered to make their defence. And as these are not permitted to be drawn into practice, tho' done by the Legislative Power as well as the other, because of their manifest injustice and illegality, I cannot for my Life see why the other should, 'tis a Riddle beyond my skill to unfold.  
I shall pass by some of this Gentleman's Paragraphs, as not worh insisting upon; and come to his Proofs drawn from Queen Elizabeth's Reign; and indeed 'tis in an Act made the 13th of that Princess, that the whole Party place their main strength: but I hope I shall be able to make it appear, if every Circumstance be duly considered, that induced that Glorious Queen to do some things that tended highly to the manifest derogation of her Prerogative, which at other times she was so tender of, that nothing can be gathered from thence, which will really do any service to my Adversaries Opinion. For, if as all Casuists hold, those Oaths and Promises which are extorted by fear or force, are not Obligatory; I cannot tell why those things which by mere necessity upon those very accounts she was compelled to, as well for the preservation of her Body Natural as Politic, should be denied the privilege of being dissolved upon that very score, that other things of the same Nature are.  
And that they were no other things than what I have before mentioned, that caused this Great Queen to fall beneath herself, and court her people for her establishment, will clearly appear to any one that considers the state of Affairs, and the History of those Times, the only true Touchstone to try matters of this Nature by. For, if we consider how questionable Her Birthright was then generally esteemed, we cannot at all admire, if for her own Interest and Security she attributed much more to an Act of Parliament, than otherwise she would have done. For tho' in the Act of Recognition 'tis said that her Majesty is, and in very deed, and of most mere Right aught to be by the Laws of God, Queen of this Realm, yet the dubiousness of her Legitimacy, and her being solemny Bastardised by her own Father by Act of Parliament, might very well necessitate her to call in the Aid and Assistance of her people for her defence and establishment; since the greatest part of Europe, did not only look upon the Title of Mary Queen of Scotland to be much the clearer and juster than Hers: and therefore since Queen Elizabeth's Title depended so very much upon Statute Law, the most part of the World allowing her no other, and a great many too disputing the validity of that, she was necessitated to make that as strong as possibly she could; and therefore made it Treason for any one during her Life to affirm, That Our Sovereign Lady the Queen's Majesty that now is, with and by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient Force and Validity to limit and bind the Crown of this Realm, and the Descent, Limitation, Inheritance and Government thereof— which tho' as we shall afterwards endeavour to prove, was not in their power to do; yet she knew very well, that her people would be very apt to defend what they had then so solemnly Enacted, and so thereby she should gain her end, viz. her Preservation, which was the great thing she aimed at, as appears by this, that the punishment to be inflicted upon them that broke this Law, was to abate very much of its rigour after her death; for than it was but to be forfeiture of goods: a certain Argument that it was only Temporary, Enacted pro re nata: for if the Reason of it did continue the same; so ought surely the Punishment, since they should always stand and fall with one another; tho' no doubt another, tho' less considerable, reason might be the Malaversions she inherited from her Father, to the House of Scotland, which thereby she did certainly endeavour for ever to deprive of the Imperial Crown of England. As evidently appears from this Clause in it, viz. That every person or persons of what Degree and Nation soever they he, shall, during the Queen's Life, declare or publish that they have any Right to enjoy the Crown of England, during the Queen's Life, shall be disenabled to enjoy the Crown in Succession, Inheritance, or otherwise after the Queen's Death. For this was most apparently contrived against Mary, Queen of Scots, and her Son K. James For since almost all Europe spoke openly of the greater Right that Mary had to the Crown than Elizabeth, it might very probably be expected, that not only as she thought so, so she might upon an occasion offered not only speak but act up to her Persuasion; and then by this Statute she was as much disabled as Statute could do it. But, besides all this, I am inclined to believe there was something more in the bottom of it than this, of the contrivance of that subtle and cunning Statesman, the Earl of Leicester, which I gather from this Clause, That whoever shall affirm during the Queen's Life, either in Writing or in Print, that any one is or aught to be the Queen's Heir or Successor besides the NATURAL ISSUE OF HER BODY BEGOTTEN, etc. SHALL, etc. For in Law none are called the Natural Issue of any one but those that are Illegitimate, 
Vit: Eliz.  Adeo ut (says Camden) tunc juvenis audiveram dictitantes verbum illud à Leicestrio in Legem ingestum eo consilio, ut aliquem ipsius filium spurium pro reginae Sobole naturali Angles tandem aliquando obtruderet. Insomuch that when I was a young man (says he) I have often heard it said, that Leicester caused that expression to be foisted in, that thereby he might have a pretence to impose, one time or other, upon the English one of his own Bastards for the Queen's Natural Issue. A Design truly not unlikely for him to have, who always measured the Public by his proper Interest, and sacrificed every thing else to his own ends: and then certainly it will never be denied but such an Act of Parliament was necessary to give colour of breaking so ancient and fundamental a Law of the Land, as the advancing a Bastard must needs be.  
How contrary to all the Obligations of Justice and Humanity the unfortunate Queen of Scots was treated by her Kinswoman Queen Elizabeth, upon the pretended breach of a Statute made in the 27th of her Reign, I shall not trouble my Reader or myself with the recital of; which rigorous proceeding, as it was chief grounded upon her violent hatred to the House of Scotland, so I could hearty wish for the Honour of that Great and Glorious Queen, under whose Reign this Island so long and happily flourished, were razed out the Annals of Time, so that there might be nothing left to slain the Reputation of that otherwise unblemishable Princess.  
But tho' the Mother had the misfortune to fall so ignominiously, yet the Son King James had not the wisdom to strive fruitlessly against the Stream, but prudently never gave an opportunity of finding a colour to resist him, who never laid Claim to a Crown, till Heaven called him to the Enjoyment of it.  
But no sooner was he come into England, but having called a Parliament, his Title to the Crown is solemnly acknowledged and recognized in these words: 
1 Jac. c. 1.  We being bound thereunto, both by the Laws of God and man, do with unspeakable Joy, recognize and acknowledge, That immediately upon the decease of Elizabeth late Queen of England, the Imperial Crown of the Realm of England, etc. did, by inherent Birthright, lawful and undoubted Succession descend and come to your Majesty, as being lineally, justly and lawfully next and sole Heir of the Blood Royal of this Realm— And thereunto we most humbly and faithfully do submit, and oblige ourselves, our Heirs and Posterities for ever. And now if King James came to the Crown by inherent Birthright and undoubted Succession, I cannot see any thing that makes more against this Gentleman than this; for 'tis plain the old Entail made by Henry the Seventh cannot be pretended, because that Act was, tho' not expressly, yet tacitly & effectually repealed by 28. H. 8. c. 7. & 35 H. 8. c. 1. for King Henry could not have a power to appoint who he would for his Successor, if that Act of Henry the Seventh remained in force: For than he could not have disinherited the House of Scotland, and preferred the Younger House of Suffolk to the Remainder of the Crown; which, 'tis notoriously known, if he did not, yet he intended, and was sufficiently (as far as Acts of Parliaments could reach) impowered to do it; and therefore, the other must necessarily have been revoked and repealed: A thing so clear, that it were needless to spend more time or words to prove it.  
So that King James' Title to the Crown (or else he had none) must owe its Original to the Laws of God and Nature, and the Ancient and Laudable Customs of this Realm, (
* Rot. Parl. 1 R. 3. ut sup.  as 'tis elsewhere worded) and then, what madness is it to think, that any Humane Power upon Earth, can change those immutable Laws (for such they are) and with what colour of Justice, or good Conscience they can pretend to debar any one of his Right; or give a better Title to another, than the late Usurper had to the Sovereignty, is beyond the Wit of Man to demonstrate, unless we impiously deny there is a God in Heaven, or any such thing as Right or Wrong upon Earth?  
And thus I have gone through all the Historical part of this Gentleman's Discourse, as far as it concerns England; and I doubt not but every one must make this Conclusion upon the whole Matter, that tho' he tells us he hath done it faithfully; yet it will appear, by the foregoing Examination, wherein I have rather endeavoured to lay down the Naked Truth, without the least Disguise, than follow him through all his impertinent Rambling, that never more unpardonable Mistakes and Falsities, never more gross Prevarications, and malicious Misrepresentations of the plain sense and Meaning of good Authors, were amassed together, under so solemn and pompous a pretence. For my own part, I cannot but admire, with what Confidence any man could offer to obtrude such trash upon the World, and vent such notorious Untruths. Surely a Man must have bid a final Adieu to all Sincerity and Common Honesty; tho' perhaps (for I will be as charitable as I can) his over much Credulity may have been his greatest Misfortune: For though he would fain insinuate, in several places, as if every man must needs be a Papist, that should go about to unmask him; yet good man, he has been beholden, for the most part of his Discourse, to one of the greatest Villains of that Society; which by their prodigiously wicked, both Tenets and Practices, deserve to be the horror and detestation of all Mankind. Nor has he had the Descernment, to distinguish between what was false, and what was true; but has extracted it (at least as to the Substance) just as he found it, from a Conference concerning the Succession, written by Parsons; one of the most pernicious Books, that, perhaps, ever see Light; and tho' he be so ungrateful, as not to own his great Benefactor, yet he blushes not to maintain and publish the same destructive Principles; a clear Evidence, that so many of those, that would have us believe they abhor Popery, yet are content, not only to entertain, but hug and cherish their most destructive Opinions, disguised under other Names.  
But you are not to think this Gentleman less acquainted with the History of other Nations than our own; and that he is not able to give you many Instances from thence, that the next of Blood, has been frequently excluded from the Succession: But really, I cannot but pity his ill Judgement, in pitching upon one so little for his purpose; when his Author could have furnished him with such plenty of better Choice.  
For since no man can deny, but that it both is, and ever was, a Fundamental Law of the French Monarchy to be Hereditary, I leave it to any man of Common Sense, to judge whether those silly Reasons, mentioned in the Letter to Charles of Lorraine, were a sufficient ground to debar him of that Right which God and Nature had given, him; and to whom (says De Serres) I say the Fundamental Law did adjudge the Crown, for want of Heirs Males, Lawful Sons of Kings. But the French being displeased with Charles, upon some frivolous Accounts, Hugh Capet embraces so fair an opportunity, and foments their Discontents to that Degree, and so politicly plays his own Game, that having insinuated himself into the Affections of most People, without very much difficulty, he first screwed himself into the Throne; and then, to consolidate and establish himself in his ill-acquired Greatness, by a pretty kind of Pageantry, he called the Estates to elect him into that Throne he already had the Possession of; which being met, they did accordingly: And having thus forfeited their Allegiance and Duty to Charles, 'tis no wonder if they squeezed their Brains, to find out a plausible, though never so shallow a Pretence, to avoid the Imputation of Disloyalty. Not to take Notice, that most Writers stick not to call this Hugh an 
* Sigeb. Gemblac. in Chron. ad An. 987.  Usurper. Besides, 'tis well known, that Lewis the Godly, never enjoyed the Crown with a quiet Conscience, till it was proved, that he was descended from the Right Heirs of Charles of Lorraine. So mean an Opinion had that good Prince of the Power of the States, in altering the Course of Succession.  
And after all this, I think, it cannot reasonably be pretended, by any one that any thing can be drawn from History, which can at all countenance the Proceed of those men, who so industriously endeavour, to cry up the Justice and Advantage of the Bill of Exclusion, as the only Expedient, say they, that can secure us from Ruin, and prevent our Destruction; unless they will say, that because such things as filled the Age, they were done in with Shame and Horror; were done, that therefore they were justly done; and so may as justly be acted over again. An Opinion of such dismal Consequence, that should it once prevail in the World, all Mankind would be presently turned into one great Den of Thiefs and Robbers, that might plunder, spoil, murder and ravish, with Impunity, and without Control; and then we should every day see Hobs' Senseless Notion of a State of War, proved to us with a Witness: Nay, what Wickedness is there not, which at this rate we might not justify from Scripture itself? Which gave occasion to Saint Augustine, excellently to say, Haec quae in Scriptures sanctis legimus, non ideo quia facta legimus, etiam facienda credamus: ne violemus praecepta, dum passim sectamur Exempla. The true State of the Question, either is, or at least ought to be, not what has been done; but what in Justice and Equity ought to be done in the Case of his R. H. which is not to be determined by Examples, but Law and Raeason. Non Exemplis, sed Legibus judicandum, is the Golden Rule of the Great 
† Lib. 13. C. de Sen.  Justinian.  
In order therefore to the clearing of this great and so much agitated Point, I shall endeavour to prove;  
First, That not only all Government, but particularly Monarchy does owe its immediate Foundation and Constitution to God Almighty.  
Secondly, That by the Law of God, Nature and Nations the Crown ought to descend according to Priority of Birth, and Proximity of Blood.  
Thirdly, That if an Act of Parliament were obtained to exclude his R. H. would be unjust, unlawful, and ipso facto void, as contrary both to the Law of God and Nature; and the known Fundamental Laws of the Land. And in the course of my Reasoning, I shall not forget any thing this Gentleman has said against any of these things in the Argumentative part of his Discourse.  
I am sensible it will make a great many Smile to see me undertake to prove so many, in their own Opinion, irrational Tenets. And I doubt not but some too will be displeased to find me endeavouring to strike at the Root of their darling Notions; they know very well, should this be admitted, they could find no pretence to adhere to their Republican Principles, and not become the scandal and aversion of all Good and Honest Men: but, 'tis not their frowns or their railing will trouble me; for 'tis not that I measure Truth by, but Reason; and by that I am content the Cause I have espoused, should stand or fall. I would not be misunderstood, as if I had the Vanity to think it would receive any Advantage by my Management of it; but I am so confident of the overbalance of Reason and Truth I have on my side, that I doubt not but it will even make itself appear, notwithstanding my want of Parts (which no man is more conscious of than myself) and Ability to set it out to the best advantage.  
In order then to the first Point, it will not be amiss to examine what Reason can be shown to induce a man that has laid aside Prejudice and Partiality, to embrace that so commonly received Opinion of a Natural Freedom and Equality: for my own part I take it to be a Proposition not altogether so clear, and self-evident, but that it requires a little better Proof than I ever yet saw offered for it.  
I am not at all concerned for those many Sentences the Assertors of this Doctrine are able to pelt me withal from Poets, Orators, Historians, and God knows who; for I answer with Lactantius, they ought not to be so understood, as if there were in those early days no Property, 
Non ut existimemus nihil omnino tum suisse privati, sed more Poetico figuratum, ut intelligamus tam liberales suisse homines ut natas sibi fruges non includerent, nè soli absconditis incubarent, sed pauperes ad communionem proprii laboris admitterent. Lactant. de Justit. c. 5.  nothing that Man could call his own; but those expressions are to be looked upon as Figuratively spoken, after the manner of the Poets, thereby to give us to understand, that men were then so liberal, that they did not covetously engross all their store to themselves, but were generously content to admit their poor Neighbours to a communication of their proper Labours and Income. Besides 'tis very observable, that at the very same time we are told of this Community and Natural Freedom the whole World is supposed to be under the Government of Saturn, who was succeeded by his Son Jupiter.  
Postquam Saturno, tenebrosa ad Tartara, misso,  
Sub Jove mundus erat— Ovid. Metam. l. 1.  
And tho' the Poets call 'em Gods, yet we are surely to understand, that Earthly Kings are thereby meant; so that from hence nothing can be gathered to favour that Original of Government, that those that urge these things are the great Patrons of.  
If indeed a Set of full grown Men had dropped out of the Clouds, or like Mushrooms sprung out of the Earth; I should not be much averse no the notion of Natural freedom and equality: and that those being in some great Wind furnished with a convenient number of Women, had propagated their Species; but I much fear whether there would not have been many bloody Noses before they could have come to any Agreement, if it had not been altogether impossible; for, How long a time, and how great experience would be requisite to put the thoughts of entering into a settled Society into their Heads? Or having found out the Conveniency and Method of doing it, How easily would such a hopeful project be dashed in pieces by some surly, ill-natured fellow, or at least a party of such? For since no such thing could be effected without the joint Consent of all, How difficult a thing would it prove to bring such a Business about; many out of Pride being unwilling to submit themselves to this or that Man, they might perhaps have a particular pique against, and as many resolved not to admit of any such thing, unless they be advanced to that Supreme Magistracy, which no doubt others as ambitiously Thirsted after as they; and what could be the Issue of this, but Blood and Rapine, War and their former Confusion? But granting that all those Arrived to Maturity, should be grown so sensible of those many insupportable Miseries, that they were every Minute exposed to, should be content to submit to any thing, rather than continue in their present Condition: What must be done with their Children? Must they be enslaved by their Fathers, that have, according to these Men, no more Power over them, than any of their Neighbours? Surely by that time, they should become sensible of that privilege Nature had so bountifully given them, they would be found unwilling to stand to that blind Bargain, that had been made without their Knowledge and Consent: And how that could ever be had I am altogether to seek, unless in those Days, they could have spoke as soon as come out of their Mother's Womb; which I take to be every whit as likely as the other: And no doubt from hence a justifiable pretence may be taken at any time to disturst any Government upon Earth, when the inconstant and giddy-headed Multitude, or any part of them should in their great Wisdom think fit.  
Besides, nothing seems more Derogatory to the Goodness, Wisdom, and Providence of God Almighty, than to send Man into the World, and expose him to so many inconveniencies for the want of that; without which, it is impossible for Mankind long to subsist, or answer the Ends of their Creation; to leave them Destitute of that which was so necessary to their well being: for we cannot without impiety suppose, but God foresaw the many Ills that would accompany such a Condition; and if so, how it can be reconciled to his Goodness and Wisdom, I must profess myself Ignorant.  
But to let this Opinion of the Origination of Mankind pass, Calculated rather according to the Fancy of the Poets, or Notion of some of the old Heathen Philosophers, than Truth. If we Consult God's Sacred Oracles, it will be found that He sufficiently provided for the Safety and Happiness of those, upon whom He hath Stamped his own Image, by instituting a particular form of Government immediately upon the Creation of the First Man, the great Forefather of Us all. I know I shall here be told, that 'tis granted me, God did institute Government in General; but as to the distinct Species thereof, He left it to the choice of Men, as they should think most Convenient for themselves; but Did not God know better than they, what was most fit and requisite for them? And, Is it not then very likely that they should be accordingly Provided for? And not to insist that it is hardly conceivable, how Government could be instituted by God, and yet none of the particular Forms be at that time existent; not to insist, I say, how any thing can be in Genere, and not in Specie, I think 'tis clear from 
‖ 1.28.  Genesis, that God gave Adam the Dominion and Empire over all the World, when he so solemnly blessed him: Be Fruitful, and Multiply, and Replenish the Earth, and Subdue and have Dominion over the Fish of the Sea, and over the Fowl of the Air, and over ever living thing that moveth upon the Earth. A Text so express and clear, that even the great 
† Mar. Claus. l. 1. c. 4.  Selden is forced to acknowledge, there could not before the Flood be any such thing as Community; 
Gen. c. 4. v. 2.  but that Adam is made hereby sole Proprietor of the World; and by his Donation or Session, no doubt it was that we find Abel possessed of Cattle and Pastures, and Cain Master of his Cornfields; and certainly Cain cannot be supposed so very Foolish, as to have Built a City, and called it by the Name of his Son Enoch, 
Gen 4.17.  unless he could have lest it to his Posterity, which he could not pretend to do, if there had not been such a thing as Property.  
But if Adam thus expressly had not been made Sovereign Lord of the Universe; yet could not the Government of Mankind be denied him, without offering force to Reason, and bidding open defiance to Nature; for all the World being sprung from his Loins, the Tie of Filial duty would bind all to Obedience; for no doubt as Father, he might claim a Dominion and Regal Power over his Children; and from hence we may very well derive the Original of Government, and that particular form of it called Monarchy; nor will it appear at all irrational upon that account to assert Monarchy to have been founded, and instituted by God and Nature.  
For no Man could be Born free, since all Mankind must owe both their being, and subjection to their Natural Parents, by the Law of God and Nature: So that upon this account, Adam being invested with a Patriarchal and uncontrollable Power, not only over his Children, but those that were Descended from them, during his Life, which being transmitted to his Eldest Son after his Death, and so on, there could never be any time when there was no Government, since there were any to be Governed.  
Perhaps it may be Objected, that though Adam might have a Power over his Children, whilst they continued in his Family; yet when that grew too Narrow for them, and they were removed, and had form distinct Ones of their own, he could not pretend to any Jurisdiction there. But I would fain know of these Men whether the Obligation to be Obedient to Parents does not continue still in full force, notwithstanding their removal; and if it does, as I am sure no Man in his right Wits can deny, why the Father's Power of Commanding, and Governing them, as he shall see most convenient for the Interest of himself, and the rest of his Children, should be retrenched, I cannot conceive; nor can it reasonably be pretended, that he should not have the same Jurisdiction over his grandchildren, etc. that he had over their Fathers; for it is very irrational to suppose them exempt from Obedience to the Commands of that Man, their Parents were Naturally and Originally subject to.  
And if we inquire but into the nature of this Paternal Power, we shall find it to have been purely Monarchical: We are told how Abraham made Peace and War, and we shall see Jacob exercising the Power of Life and Death over his Daughter-in-Law Thamar, or at least pretending to it, without any question made of his Power: and if these great Prerogatives were in their Hands, 'tis not to be doubted, but they were Kings in their Families, which we are not to suppose to be independent from one another, but subject and subordinate to either the Father of them all, or him, whoever he be, that is Successor to him, and Lord of the eldest Family.  
And that this is no new Opinion, as some People would have us believe, but at least Older than Aristotle, appears from hence, that he dates the Original of all Society from hence. The First Society (says he) made up of many Houses, for the sake of a lasting and durable Benefit, is a Village, 

〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉—  
Aristot. de Repub. l. 1. c. 2.   which seems most agreeable to Nature; as being a certain Colony of a House, which some Men call Foster-brethrens, or Children, and Child's Children: And therefore, at first, Cities were, and now Nations are, under Kings; because such as came together, were under Kingly Government; for every House is under the Empire of him that is Eldest: and so, for Kindred sake, it is in Colonies; that is, in more Families, which Descended from the same House. For which Reason Homer says, Every Man gives Laws to his Wife and Children: And this, no doubt, he had from his Master, the Divine Plato, in whose Judgement the True and Primary Reason of all Authority is, That the Father, 
‖ A.H. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  and the Mother, and generally all those that Engender & Beget, do Command and Rule over their Offspring. And this, I think, is both sufficient to vindicate this Doctrine from the Imputation of Novelty, and Recommend it too; since those Great and Excellent Philosophers were Patrons of it.  
And I am sure if that be true which the Roman Orator says: 
Cicero 3. de Legib.  In re consensio omnium gentium lex Naturae putanda est; That the Consent and Agreement of all Nations is to be reputed the Law of Nature; every one must allow Monarchy to have been Founded by virtue of that: For without Vanity, I dare confidently aver, That there was no other Government seen, unless perhaps at Sicyon, for the First Three Thousand Years: Nay, the Learned Priest of Belus, the true and genuine Berosus gives an Account of Ten Kings of Chaldea, before the Flood, of whom Xisuther (in whose time, they say, the Deluge happened) was the last: And the Egyptian Records could furnish us with a Catalogue of Kings, that would reach as high as the Creation. 
† In Baeoticis.  Pausanius tells us, That Greece so Fruitful afterwards in Aristocracies and Democracies, that teeming Africa never bred more Monsters, was Anciently under Regal Government: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, are his Words. But Tully goes further, and boldly asserts if for a certain Truth, That all the Nations of Old were under Monarchial Regiment: 
‖ Cicero 3. de Leg.  Certum est (says he) omnes antiquas Gentes regibus paruisse.  
And when the Universal Deluge had put a Period to all Mankind, except Noah, and his Three Sons, by whom the World was to be Repeopled; I think we may with Reason enough look upon Noah as the Universal Monarch; notwithstanding the Learned Selden would have us believe, that God by his Blessing, recorded Gen. 9.2. made him Tenant in Common with his Children: For besides that, this Benediction seems most-likely to be rather an Enlargement of the Charter that was given to Adam, than any thing else. It appears something Unreasonable to suppose, that God Almighty should Disinherit Noah, whom for his Justness and Piety, he had Chosen to be the Restaurator of Mankind: Nor do the Words necessarily imply any such thing, since the Promise of God would no doubt be fulfilled, if his Sons, after his Death, or in his Life time, by his Consent, enjoyed and possessed the World, as their Property; which, 'tis certain, they did. 
Gen. 10.9.  By these (says the Divine Historian) were the Isles of the Gentiles divided in their Lands; every one after his Tongue, after their Families, in their Nations: Which is not to be understood, as a 
* Mr. Med●.  Learned Man (in his Discourse upon this Place) assures, as if it were a Scattering and Consusion; but a most distinct and orderly Division, because the Original Word (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) always bears the latter Signification: And that there was such a Partition, and that made by Noah, we are assured also from Eusebius; and Cedrenus, who tells us, That Twenty Years before his Death, 
‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cedrens. f. 9  according to an Oracle Received from Heaven, he Divided the whole World amongst his Sons, assigning to every one his several Share: And this he Confirmed by his Last Will; and being about to Die, he gave it into the Hands of Sem, and admonished them to Live peaceably, and not to Invade one another's Territories.  
I might now proceed to those Texts of Scripture, wherein Monarchy is declared to have been instituted by God. But they have been so often insisted on by Others, and those learned Persons, that I shall pass them over, only there is one which I cannot but take notice of, wherein God by the Royal Prophet says of Kings, 
Psalm 82.7.  I have said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ye are Gods, or (more consonant to the Original, and expressly according to the Chaldee Paraphrase) Angels, by which Phrase is not only signified the Office of Princes (viz.) That they are God's Vicegerents, but the manner of their Mission, that is by the immediate Commission and Constitution of God Almighty; from whom alone, and not from the People they derive their power. Which origine of theirs I think is further evident from hence, that the Supreme Governor is invested with such an Authority as does include in it a Power of Life and Death; for which single Prerogative we must have recourse to the Fountain and Source of all Power: for seeing we neither have, nor ever had a power over our own Lives, but on the contrary God has expressly told us, That he that sheddeth Man's Blood, of Man shall his Blood be shed; it is impossible that Kings should derive their Power from the People, for 'tis an infallible Maxim, Nemo plus Juris in alium transferre potest quam ipse habet. So that it must necessarily follow from hence. That Kings must have been instituted by God; for 'tis He and He only could bestow this great Privilege upon them; and since we find the Fathers of Families Exercising this Power, we may assure ourselves that originally Patriarchal and Regal Jurisdiction were all one; as likewise appears from this, that Obedience and Submission to Magistrates is commanded us by the Fifth Commandment, where it is only said, Honour thy Father, etc. So that as Paternal Power was from the Beginning, so must Regal too.  
Besides from hence I take it to be plain, that even at that time that God gave his blessing to Noah, 
Gen. 9.6.  there was a Regiment established; (which could be no other than Monarchy) for else that command of putting the murderer to death given at that very time, could not have been put in Execution, but must needs for a long time have continued ineffectual: for had any private man assumed that Power, he must necessarily have been guilty of the same crime; so that either we must allow of Magistracy at that time, or else make God command a thing, and not appoint means for the execution of it.  
And I cannot see why we should date the original of Government any later than the Creation; for certainly we cannot persuade ourselves that Nature, that so carefully provides for the preservation and well-being of all Creatures, should only be defective in her care for the noblest Animal in the universe, since nothing can be more necessarily required for the happiness of any thing than Government for mankind: 
Cicero 3. de Leg.  for, sine imperio nec domus ulla, nec civitas, nec gens, nec hominum universum genus stare, nec ipse denique mundus potest, without Empire, neither the whole nor any the least part of the world could be conserved in peace and order, but all would immediately run into Ruin and Confusion.  
And now, if I had a mind to enter into so large a Common-Place, it were very easy to cloy, even the most greedy of such kind of Pedantry, with sentences from the Fathers and other Primitive writers, to show with what full Cry they all assert Monarchy to be sounded by God and Nature; but waving a thing so obvious to every body, I shall take notice that this opinion is so far from being a Stranger to our Laws, that it is expressly resolved by all the Judges in England, in Calvin's case, that subjection is from no Humane Law, 
Co. 7. Rep. 1.  but from the Law of Nature: and if so, then of necessity must Regal Right be from the same Law, because no man supposeth subjection where he does not presuppose power. Besides, you cannot but have observed above, 
Rot. Parl. 39 H. 6. Rot. Parl. 2. E. 4. Rot. Parl. 1. R. 3.  how many Parliaments of different Interests and Tempers have agreed in this, that the Kings of England hold their Crowns by the Laws of God and Nature, and therefore cannot be reputed of Humane Institution, and hence it is that the King is styled in our Statutes, our Natural Liege Lord, and his People likewise Natural Liege Subjects, and the fidelity owing to the Crown, Natural Obedience; which manifestly also appears from all Indictments of Treason, that of all other things are penned with the greatest niceness, wherein the persons indicted are charged  Treason against— their Supreme and Natural Lord, contra Dominum Regem Supremum, & Naturalem Dominum suum. Nor will any of their trifling evasions serve them to evade this: for to an impartial Judge, 
Herod. lib. 1.  it will no doubt appear that no other sense ought to be put upon it, but what was meant and expressed by Commodus, the Son or Marcus, when he closed his Oration thus, Jure principem colite non datum sed natum.  
But if, will some say, Monarchy be Jure Divino, why were not Gods own People governed according to that sacred Form? and why are we told in the Scripture that when that Regiment was introduced first, it came in by the People's Choice and Consent? I answer first, that God out of his extraordinary kindness to the Jewish Nation above any other, was of his goodness pleased to reserve the immediate Government and peculiar Care of them to himself, whereas he governed all the rest of the World by his Vice-Roys: so that properly it was a Theocracy, wherein God himself did immediately preside, whilst other Countries were made, as it were, Provinces of. But when the Jews, a people most inordinately bend upon change and novelty, were grown weary of this excellent Administration of their affairs, and desirous to be governed after the manner of the Neighbouring Nations, they came to Samuel and said, make us a King to Judge us, etc. 
1 Sam. S. 5.  which 'tis not likely they would have done if the choice had been in them. And when God Commanded Samuel to yield to their Importunity, he said, 
1 Sam. 8.22.  harken unto their voice and make them a King, and accordingly he anointed Saul, without so much as acquainting them. And consonant to this Interpretation is the sense of their great Rabbis: 
Vie Schickardi Juris Regi● Hebraorum. c. 1.  for Aben-Ezra immediately adds upon the mention of— Whom the Lord shall Choose? Scilicet per Os Prophetae vel indicio Vrim; adeoque sensus est non quem tutemet elegeris ipse. 1. e. either by the mouth of a Prophet, or by the direction of the Vrim; so that the meaning is not, that the people should have the Choice of him: And as for what followed, it was nothing more than a Solemn and Ceremonious acknowledgement of Saul, whom God had appointed over them.  
But the strongest Objection is drawn from, 1 Pet. 

1 Pet. 2.13.14. Submit yourselves to every Ordinance of Man for the Lords sake, whether it be to the King, as supreme:  
Or unto Governors, as unto them that are sent by Him, etc.   2.13. where Kings are called an Ordinance of Man, for if so, then are they far from being Jure Divino. But if this be duly considered, I am persuaded that it will appear of no force at all: because in this Text there is a signal character which keeps it from concluding the Supreme Power to be Originally in the People, not only by calling the King Supreme, such as in St. Paul's Divinity, Rom. 13.1. are affirmed to be Ordained of God, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Rom. 13.1. From whence the excellent Grotius (what ever his opinion might have been in his younger days) Concludes, that all Kings do receive their Power from God, and not the People, as much as if they were immediately nominated and anointed by a Prophet; and that the Power distinct from the Person of the King, is not here meant, is clear from hence, that v. 3. it is added, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for he (that must needs be the Person of the Magistrate) is a Minister to thee for Good— Nor can the Power abstracted from the Magistrate do what is here attributed to him, to commend and encourage, v. 3. Avenge or Punish, v. 4. And the Matter is clear from, v. 3. where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being afraid of the Power, is all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Rulers are a Fear or Terror in the beginning of the Verse, and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, aught to be rendered Supreme, and not higher, it's evident from comparing it with, 1 Pet. 2.13. where the King is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as having his Commission from God, whereas the rest are appointed by him. Certum est (says Grotius) hac voce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 designari ab Apostolo summum Magistratum.  and so no Humane Ordinance: but also by distinguishing the Governors, v. 14. from the Supreme, v. 13. by this that the Governors are sent by, i.e. have Commission from the King, which might, and doubtless would be said of the King, that he were commissionated or sent by the People, if he were of their Creation; but of this there is not to be found the least hint or intimation: but this is evident beyond contradiction from the signification of the Phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (be subject 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) which according to all analogy ought to be rendered Humanae Creaturae: Thereby meaning any part of Mankind; not Ordinance of Man, thereby signifying a thing of Man's Creating; for then the Phrase to express it, would be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; because if we compare one place of the New Testament with another, we shall find that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, signifies generally 
† Pro humano omnigenere accipitur, sive pro gentibus omnibus, ut loquuntur Mattheus & Lucas. Theod. Beza. in loc. citat.  all Mankind, as appears from this, that the Creation and the World are all one; and all the Creation or every Creature, Mar. 16.15. are the same with the whole World, in the beginning of the verse, and all Nations in the parallel places of St. Matthew and St. Luke; and thus Rom. 8.19. The expectation of the Creature or Creation, is the hope which the Heathen World had, that they i e. the Gentiles as the manifestation of the gracious Privilege of the Messiah, should also be freed from the slavery of Corruption unto the Liberty, etc. Now there is but one colourable Objection to be made to this Explication, as if this precept were thereby so extended, as to command obedience to every Man. But to this, I Answer, That the word, Be subject, generally relating to the Magistrate, will require our Obedience to none but such; and St. Peter, as if he had foreseen this difficulty, has restrained the general signification of that Word, by enumerating the particulars to whom Subjection is due, viz. the King and his Ministers, to whom only, our Obedience is limited and enjoined.  
I can scarce think our Pamphleteer's Objection, pag. 15. worth the considering, where he says, that since there can be according to the Opinion I have advanced, but one rightful Monarch in the Universe, viz. he who is the direct, and lineal Heir of Adam; because no Prince can make out any such Title; therefore, their Thrones instead of being supported, are hereby very much shaken: for a Man need but a small stock of Judgement to discern his premises to be as true as his inference is false; for wherever the Lawful Heirs are supposed to be dead or unknown, the actual Possessor has the greatest Right, and can with as little Justice be dispossessed of what he enjoys, as if he were the rightful owner; for even as Robbers and Thiefs, while they are possessed of Stolen Goods, have a Title in Law, against all others but the true Proprietors; insomuch, that it is a Sin for any other to deprive them of such Goods: So Usurpers have a Title in the Government against all Persons, but the true Heirs; who alone, and those impowered by them, can legally and justly go about to molest and disturb them: And where the Usurpation has continued so long, that the knowledge of the right Heir is lost by the People, it is no longer to be looked upon as such; but every one is obliged to comply with the Government, and Governors then established; so that no Prince has any reason to be Alarmed at this Doctrine, unless this Gentleman can produce the Lawful, and Lineal Heir to Adam, which I am persuaded will be somewhat an hard matter to do. Nor are either the Properties or Laws of any Countries endangered, since they have all the Security that Oaths and Promises can give them for them, and greater Security Subjects cannot have from their Prince, unless they had a Power to call their Sovereign to an account for the Maladministration of his Trust; a thing no Men in their right Wits can pretend to. As for the rest of our Gentleman's impertinent Cavils about this Matter, I shall not give them the Honour of an Examination: for he may as well undertake to prove Marriage to be no Institution of God, because not observed by some Nations, where the Men and Women without any Ceremony accompany one another promiscuously, as from the Practice of the Venetians, Netherlands, Poland, Germany, and Arragon (where by the By, the Case is quite altered from what it once was, by the Conquest of that Country, by Philip the Second) conclude Monarchy to be a humane Invention. And thus I think I have sufficiently made out my First Proposition, that Monarchy is a Divine Ordinance, and undoubted Institution of Nature.  
The Second thing I undertook to prove, was, that the Crown according to the Law of God, Nature and Nations, aught to Descend according to Primogeniture, and Proximity of Blood; which will, I doubt not, very Evidently appear from the foregoing Discourse: for if Monarchy be of Divine Right, as I think I have made more than probable, and that Adam was during his Life Universal Monarch, there is no question to be made, but that Right was by his Death transferred to his Eldest Son, and Successor Seth (I call him , though Born after Cain, because God, who as He hath given, can take away, had disinherited the latter, for the Murder of his Innocent Brother Abel; so that, being Excommunicated, and made a Vagabond, driven from his Parents, and turned into the wide World (as we say) to seek his Fortune: I reckon of him as if he were not in being.) Nor is this bare Conjecture, for Cedrenus can tell us, that as 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cedrens. f. 9  Adam was Emperor of the World during his Life, so was 
† 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cedrens. ubi supra.  Seth after his Decease, his Successor in the Dominion over all Mankind. And that the rest of the Patriarches Succeeded, and Governed the World by the same Right, I take to be beyond Dispute, if this be admitted, as I can see no Reason why it should not. I am sure of Canaan the Son of Enoch, and Grandchild of Seth, We have a very remarkable and express Testimony; he was Emperor over all the World, and lies Buried in an Island of the East-Indian Sea; the Memory whereof remained there in Tables of Stone in Alexander's time, as Alexander relates in his Letter to Aristotle, Recorded by 
‖ lib. 2. cap. 11.  Josephus Ben-Gorion. When after the Universal Deluge, Noah remained Master of the whole Earth: he by that Right which God and Nature had invested in him, divided the World amongst his Children, to every one he gave their share, but over and above that, a kind of Supremacy over the whole, as Lord in chief, after the old Patriarch's Death, was transferred to his Eldest Son Sem, of whom his younger Brethren held their Kingdoms in Fee, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; says the 
* Cedren●● sol. 12.  Historian, speaking of Sem.  
Tho perhaps this Notion of an Universal Empire may seem strange to some; yet 'tis the Opinion of not a few Learned Men, That Babel was designed for the Chief Seat of it: And if Melchisedec be, as I think the Learned Dr. Willet, in his Commentary on Genesis, has made more than probable, no other than Sem; I think the Scripture will afford us some very considerable Hints of it, from the great Respect paid, and offering of part of his Substance to him, as an Acknowledgement of his Supremacy over the Universe.  
But though there be so good Evidence for this Opinion in History; yet I cannot think, that it stands in need of it; for 'tis so expressly and clearly laid down in several Places of Scripture, that he must industriously shut his Eyes against Truth, that cannot see it: For, Can any thing be more plain, than this Text, where God Almighty says to Cain of his Younger Brother Abel; 
Gen. 4.7.  Unto thee shall be his Desire, and thou shalt Rule over Him? Unless by the Divine Law of Nature such a Right had been annexed to Primogeniture, Would God have put him in mind of such a Prerogative? We cannot suppose, he did then bestow it upon him, lest he should take Pet, because his Offering was Rejected, and his Brother's Accepted: Certainly, there is more Reason to believe, God would at that time have deprived him of that Pre-eminence, which belonged to him by Birthright; and that, no doubt, he was afraid would be the Consequence, from whence sprung the Hatred he bore to Abel: But God was graciously pleased to remove that Distrust from him, by telling him, That though he had offended, yet should not that Prerogative be taken, from him; he should still continue to be Lord over his Brother: 
† Vid. Calvin, in loc. & S. Chry●●st. Homi●. 18.  To thee shall be his Desire, and thou shalt Rule over him. A clearer-Proof than this perhaps cannot be shown, for Honouring and Obeying Parents, or any other Moral Duty, except that of doing no Murder, before the Promulgation of the Decalogue. But if this be not sufficient, it will further appear from the Blessing given to Jacob by Isaac his Father; where he tells him, He shall be Lord over his Brethren, 
Gen. 27.29.  and his Mother's Sons shall how down before him: From which Place, all the Commentators with one Consent conclude, That a Royal Power was due to the Eldest Son by Birthright; and certainly, there must have been something more than ordinary due to the Firstborn, or Esau could never have deserved the Title of Profane, 
Heb. 12.16.  which is bestowed upon him by the Author of the Epistle to the Hebrews. I know, 'tis generally agreed to be upon the Account of the Priesthood, which, together with the rest, was due to the Eldest: And since we have so clear Evidence for this Right, due to the Eldest by Birth, as appears from Numb. 3. Vers. 12. where God declares, he had made Choice of the Levites, instead of the Firstborn, to be Priests; I cannot conceive; why that Prerogative of a Superiority and Dominion over their Brethren, should be denied to belong to them by the Law of Nature too, since we have such clear Intimation of it: For when Jacob blessed his Sons, and told 'em what would happen to 'em in the latter Days, 
Gen. 49.3.  he calls Reuben his Firstborn, The Excellency of Dignity, and the Excellency of Power: Whereby is signified the Right he had by Birth to the Priesthood and Kingdom, and Double Portion; to which Sense the Chaldee Paraphrase exactly agrees: But because of his Sins and Transgressions, God had deprived him of 'em, the Priesthood was given to Levi, the Kingdom to Judah, and the Double Portion to Joseph. Nor are we to look upon Jacob, as taking upon him to dispose of these Things himself; but only foretelling, what would in due time, by God Almighty, be brought to pass, and of which they were patiently and cheerfully to expect the Event. But when Moses, by God's Command, delivered the Law to the Jews, this Precept of Nature, Of giving a Double Portion to the Firstborn, is there again repeated and enjoined, and so made a Part of the Positive and Revealed Will of God, who gives this Reason for it; because He is the Beginning of his Father's Strength, 
Deut. 21.17.  and the Right of the Firstborn is his: Which way of Expression is never used, but when something is commanded, which by the Law of Nature they were obliged to the Observation of before. And of this Opinion is the Great Selden; who says, 'Tis enjoined in such a manner, 
‖ Selden, de Successionibus, etc. cap. 5.  Ac si recepto antea in gentem more subniteretur, as if it had been the Constant Practice and Custom of the Nation to observe it before. And in this Precept 'tis not to be questioned, Succession to the Royalty is included; for in the 
† Titulo de Regibus.  Talmud, 'tis said, Qui praecipuum jus habet in Haereditate, is & in possessione Regni: ideo filius natu major praeferur minori: i. e. Whoever has the greatest Right to Succeed in any Inheritance, he ought to be Advanced to the Throne; and therefore, the Eldest Son is always preferred before the Younger. And accordingly we are told, That Jehoram succeeded Jehosophat; and the Reason given, 
2 Chron 21.3.  Because he was the Firstborn: Which would not have been added, if upon that account the Kingdom had not been his due.  
And if we take the pains to look into History, we shall find the Practice of the World agreeable in preferring the Eldest Son, before his Younger Brethren. 
‖ In Polyphm.  Herodotus can tell us; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; That it was the Custom of all Nations, for the Firstborn to enjoy the Royalty: And consonant to this, 
Lib. 2.  is what we are told out of Trogus by Justine; Artabazanes Maximus natu aetatis privilegio regnum sibi vindicabat, quod & ordo Nascendi & natura ipsa gentibus dedit: Artabazanes, the Eldest Son, challenged by the Prerogative of Age, the Kingdom; to which, by Priority of Birth, and the Law of Nature common to all People, he had an Undoubted Right. I might here produce a great Multitude of Quotations from these, as well as other Authors, to show how Universally this Custom prevailed in all Places; how generally it was Received: But I shall content myself to take notice of the Unanimous Agreement of the great Doctors of the Civil and Canon Laws, in this Matter: 
† Ex hoc jure. D. de Justit. & Jure.  Baldus says positively; Semper fuit, & semper erit, ut primogenitus in Regno succedat: It always was, and ever shall be, that the Firstborn, (and next of Blood) Succeedeth in the Kingdom. And herein he is followed with the full Cry of all the Best and Choice Interpreters of both Laws; who, with one Voice, agree, That in Kingdoms, and other Dignities, which are Indivisible without Dismembering, the Eldest Son doth entirely Succeed: And this, many of them, do call the Law of all Nations, derived from the Order of Nature, and from the Institution of God, and Confirmed by the Canon, Civil, and other Positive Laws.  
Now, what hath been said of Primogeniture, in Point of Succession to the Crown, doth so evidently, by Consequence, extend itself to Proximity of blood, that I shall say no more of it, but proceed to Answer an Objection drawn from the Holy writ; For say some, If this Birthright be so sacred a thing, as I have asserted it to be; How comes it to pass, that so many have been deprived of it? How came the tribe of Judah to get the Sceptre from Reuben? And, Why was Solomon advanced to the Throne, to the total disinherison of his elder Brethren?  
I answer, That those that make this objection, never consider that this was all done by the express command of him, who ruleth in the Kingdom of men, 
Dan. 4.25.  and giveth it to whomsoever he will: 'tis well known that David of the Tribe of Judah was immediately chosen by God himself, and appointed to be Ruler of his own People; and it was by an express warrant from the same God, 
1 Chron. 28.5.  that Solomon was made his successor, as appears from the mouth of David himself; 
1 Chron. 28.5.  And of all my Sons (saith he) for the Lord hath given me many Sons, 
1 Chron. 29.1.  he hath chosen Solomon my Son, to sit upon the Throne of the Kingdom of the Lord over Israel. So that these and the like Instances (and none other can be produced) signify nothing to the purpose.  
And if we do but impartially weigh the Recognitions of so many several Parliaments; as I have taken notice of above, we shall find this great Truth openly and fully acknowledged; 'tis unanimously agreed, That the King's of England come to the Crown, not by any Human Right, but by the Laws of God and Nature.  
And thus, I think, I have effectually proved my Two First Propositions, viz. That Monarchy, Jure Divino & Naturali, is Founded in Paternity; and, in the next place, That the Crown of England is, and aught to be inseparably annexed to the Proximity of Blood, by the Laws of God and Nature, and this Realm, 
Cons. Rot. Parl. 1. E. 4. Rot. Parl. 1. R. 3. 1 Jac. c. 1.  (if we may give Credit to the Declarations of so many Parliaments, of different Humours and Tempers.) So that, it will prove no very hard Matter, to make good what I undertook in the Third place; to wit, That an Act to Exclude his R.H. would be utterly Unlawful, and ipsofacto, void; because, contrary to all Laws, Divine, Natural, and Humane; and so it ought to be adjudged, when ever it comes to the Question before the Reverend Judges; For the Laws of God & Nature are the Rays and Emanations of the Divinity, they are Undeniable, Eternal, and Immutable, and therefore cannot be Altered or Impeached by any Humane Power or Authority, but only by the God of Nature itself, who did Originally ordain them; and so many and plentiful are the Instances of Statutes expounded void, because contrary to the Law of Nature, that it would be loss of time to take notice of, or enumerate any of them, & no doubt upon this ground it is, that those two great and learned Dectors of the Law, Jason and Angelus, do positively aver, that though the Eldest Son of a King be either a Fool or a Madman (either of which qualifications are as pernicious to the Government, every whit as being a Papist) yet can he not be excluded from Succession.  
And I doubt not, it may be made evidently appear, that Succession of the Crown to the next Heir of the Blood Royal, is so Fundamental and Primary a Constitution of this Realm, so ancient and received a Custom, that against it There never hath been, nor aught to be any dispute: as 
† His Argument of the Case of the Postnatis, pag. 36.  the Lord Chancellor Egerton will inform us: and if we look into our Ancient Records we shall find more than one Parliament declaring, that Jura Sanguinis nullo Jure civili dirimi possunt. And it is held by several great Lawyers, that a Prerogative in Point of Government, cannot be restrained or bound by Act of Parliament: And surely then much less can such an Act he of any force in so high a case as this of Succession; for certainly, if this were once allowed, the Government would cease to be Hereditary, and degenerate into an Elective One; And 'tis not to be questioned, but such a Power as enables the Parliament to break off one link, may give them a sufficient Authority to shatter in pieces the whole sacred Chain, and totally exclude the present Line, and together with that, Monarchy; which, I pray God, may not be the bottom of too many Men's designs, let them gild over their proceed with never so specious and popular Pretences; and no doubt, out of a provident Foresight of the Calamity, and dismal consequence of such designs, it was that the Lords, and Commons did declare, That they could not assent in Parliament to any thing that tended to the Disinherison of the King, 
Rot. Parl. 42. E. 3. Num. 7.  and the Crown (which this Bill of Exclusion evidently does) whereunto they were sworn; no, though the King himself should desire it. But what comes more home to the point, is the answer of Richard Duke of York, to the King's Friends, who urged an Act of Parliament against him; who told them, That such an Act was to take no place, 
Rot. Parl. 39 H. 6. Numb. 10, etc.  nor was of any force or effect against Him, the Right Inheritor of the Crown, as it accorded with God's Laws, and all Natural Laws. And this Answer of the Duke's, is, by express Act of Parliament then assembled, recognized and acknowledged to be Good, True, Just, Lawful, and Sufficient: so that, in effect, we have an ingenuous and full Declaration as can be, that the Right of Succession is absolutely unimpeachable by any Humane Power; and that the Kings of England in possession, their Heirs and Successors in reversion, have an indefeasible right to the Crown, which they cannot be deprived of by any Authority, less than that which invested them therewith.  
Besides, 'tis a Maxim of our Law, That as the King never Dies, (which is meant of that Political Capacity; which, in that very Moment one King Expires, is Superadded to the Body Natural of the Next Heir, whereby he immediately becomes King: And this Political Capacity being of that Sublimity, that it is no ways subject to any Human Imbecilities of Infamy, Crime, or the like, it draweth all Imperfections and Incapacities whatsoever from that Natural Body, where with it is Consolidate, & (as it were) Consubstantiate; so the Crown, once gained, takes away all Defects, removes all manner of Bars and Lets laid in the way to the Succession: For 'tis impossible to hinder the Descent to the Next Heir; because that being removed beyond the Reach of a Mortal Arm, must go exactly in that Course prescribed by God and Nature; and being joined to, and indivisible in one Royal Person thereby, this later Capacity being added to the former, purgeth, eo instant, all Obstructions of what Nature soever: And though his Natural Body, before this Union, was subject to the Lash of the Law; yet, upon the Conjunction of this Political and Immortal Capacity with it, they grow inseparable: And consequently, by reason of those Divine Perfections inherently and indubitably annexed to that Coalition, the Prince, what ever Crimes he might have formerly been guilty of, is now placed above Humane Justice, and answerable solely to God Almighty; to whom, and none other, he owes Subjection.  
And thus it has been expressly resolved by all the Judges of England, in the Case of Two Princes, who were as much Disabled, as an Act of Parliament could ●o it: The First was, when Henry the Sixth, by the Assistance of the Great Earl of Warwick, re-assumed the Crown; for Edward the Fourth had passed an Act to disable him from all Regiment, and attaint him of High Treason: But notwithstanding all this, the Judges were of Opinion, That in the same Moment that Henry Re-assumed the Crown, the said Parliamentary Incapacities were (to all Intents) discharged and avoided; not because (as our Pamphletier, pag. 17. would have us believe) Edward was not Lawful King: For if either Right of Blood, or an Act of Parliament could give him a Just Title, there's no doubt to be made, but he had One: But for this very Reason, That the Crown, once gained, taketh away all Defects.  
The next Instance is of Henry the Seventh, who being once possessed of the Throne, the Reversal of his Parliamentary Attainder was unanimously agreed by the Judges to be unnecessary; for That the Crown takes away all Defects in Blood, and Incapacities by Parliament: And that from the Time the King did assume the Crown, 
1 H. 7.4. Fitz. Parl. pl. 2. Plowdens Com. 238. Co. 1. In. stit. 16. a.  the Fountain was cleared, and all the said Attainders and Corruptions of Blood, and other Impediments absolutely discharged. And this being constantly received for Law ever since, I cannot but wonder this Gentleman should go about to call in question the Judgement of so Many, and so Great Lawyers, by his Impertinent Cavils; for 'twas upon this Precedent, that the Lord Keeper Bacon did advise Q. Elizabeth, not to Repeal that Statute, wherein she was made Illegitimate. Nor was it upon the Account of any Attainder, that the House of York forbore so long time to pursue their Claim to the Crown; but want of Interest: And when he tells us, The King of France was the more inclined to send over his Son Lewis, because King John was Attainted of Treason, and so, uncapable of taking the Crown, he must certainly have forgot himself, or he would not have made use of an Instance (granting it to be true) so contrary to his Purpose: For it seems, the English, when he came to the Crown, had but a very slender Opinion of such a Bar, or else they would never have admitted him; But the King of France was glad of any Pretence, though never so Ridiculous: So that, we see the Judges were not without Precedent to direct their Proceed by; and such a one (if the Story be true) as had the Approbation of the whole, or greatest part of the Kingdom.  
But that Objection which has most show of Force, is drawn from the Recognition of Richard the Third's Title, which he takes a great deal of Pains to set off to the best Advantage: But I think, he might have spared his Pains, if he had but considered, that those Men that, to Advance an Usurper to the Throne, had (contrary to their Knowledge) declared all the Late King's Children to be Bastards, would scarce stick at Declaring (contrary to all Right and Justice, which they had already so notoriously violated) an Attainder of Treason to be of sufficient Force to debar the Issue of the Duke of Clarence, who were not in a Condition to assert their Title for the Crown, without considering the Truth of it.  
And it is considerable, that all those Acts made in Contradiction of one another, were never heeded or esteemed by either Party, or ever deterred, either the Heads of 'em from pursuing their Claim, or the People from assisting them in it; & the End of all such Statutes was to vanish into Smoke, and come to nothing; and, for the most part, never to have the Honour of a Repeal. Besides, a Thing done in Tempestuous and Turbulent Times, is not to Guide and Direct our Actions now, especially since we have the Sense of so many several and different Parliaments; and therefore the more Remarkable, to the contrary; wherein it is declared, That the Succession of the Crown of England, is inseparably Annexed to Proximity of Blood; and, That a Title of this Sublimity and Grandeur, is not at all Impeachable even by Act of Parliament. And besides, the Parliament of 39 H. 6. doth make their Declaration to the manifest Prejudice of the King in Possession, who was Ordained also by the same Accord then made, to Reign over them during his Life; and whom, for that Reason, it must be presumed, they would have favoured, if they had found but the least colour so to have done.  
And if the Actual Possession of the Throne, as has been so often Recognized by our Ancient Parliaments, which were neither overawed by a prevailing Faction, nor seduced by the plausible Pretences of designing Demagogues, be by the Law of God and Nature, invested with the Sovereignty; it does most evidently follow, that the Heir Apparent, or Next of Blood, is, by the same Laws, entitled to the Crown; and consequently, the People have no more Right to Disinherit the One, than to Depose the Other; and doubtless, it is the same Sin: As to cause the Abortion of an Embryo, and to take away the Life of a Child already Born, are both alike Murder; for both have an equal Right to Life, though they differ in the Time of the Enjoyment of it: And so have the Possessor, and the Heir, to the Throne; only One is actually Master of it, and the Other in due Time must and ought so to be.  
But to affirm, (says this Gentleman) that the King and Parliament have not a Power to Change the Direct Order of Succession, is to deny the Government a Power to Defend itself. To this I Answer. 'Tis much more likely, that altering the Course of the Legal Descent of the Crown, is the more probable way of bringing us into Anarchy and Confusion: Besides,  to his Notion of Self-preservation, a Prince that Governs not according to the pleasure and good liking of the People, may be Deposed, or else they would be deprived of a power of preserving themselves: A very peaceable Notion, I assure you; and such as would render every Government, where it was admitted, most extremely Happy. But it ought to be proved, That the admitting of a Popish King would be an Infallible Cause of the Ruin of us all; or else, I much fear, this adored principle of Self-preservation, will not Justify the Exclusion of his R.H. For nothing less than absolute Necessity, will authorise a Man to kill his Enemy, as when he endeavours by violence to Rob him of his Life: and 'tis then only he can lawfully Kill him se Defendendo: But that he should be allowed to destroy any, that out of a Groundless Jealousy he apprehends may do him a Prejudice, is the Highest Degree of Madness, and Destructive of all Humane Society: For if it were allowed for one to Kill all he is afraid of, we could expect nothing but Murders and Massacres, nothing but unavoidable Confusion and Ruin. 'Tis convenient, I grant, to bind such as we have just Ground to be apprehensive of, to their good Behaviour, and tie up their Hands according to the Laws of the Land: And certainly, one would think, this would be sufficient Security in the Case of his R.H. if too many of those that so zealously stickle for the Bill, had not a deeper Design, than that they give out, even to Lay the Axe to the Root of Monarchy itself: 'Tis that they aim at, and have such a Thirst to destroy under this specious pretence, and set up their adored Idol, their beloved Commonwealth: And if they had not this colour for their Proceed, I am very much afraid, they would be guilty of some what worse. Nor am I in this at all Uncharitable, since this Gentleman has pag. 19 given a very excellent Hint to Justify such a Design: For he tells us, That the Crown is not a bare Inheritance, but an Inheritance accompanying an Office of Trust; & that if a Man's Defects render him incapable of the Trust, he has also Forfeited the Inheritance. Can any thing be more full and plain? May not, upon this account, the King (in Possession) be Removed, as well as an Heir secluded? So true is that Observation, That all the Pamphlets writ upon this Subject; though they begin with the Duke, yet constantly End with the King: They would have us believe, they only aim at the preservation of His Majesty, their Religion, Lives, and Liberties; when in truth, they are so resolutely bend upon the Destruction of Monarchy itself, that in spite of all their art, they are not able to disguise their Intent; but let such things slip from their pens unawares, that at once makes a perfect Discovery of their Hypocrisy and Villainy. But if this will not do, he can tell us. That there is a Supreme, Uncontrollable Power lodged in the King and Parliament; from whence he collects, if he intends to prove any thing, That they have a power to command, and exact our Obedience to every thing they enjoin: An Opinion, I assure you, that were there neither Heaven nor Hell, God nor Devil, would very much conduce to the Peace and good Government of Mankind; and you know, Mr. Hobbs has done very fair for one, towards the driving such Scare-Crows out of the World. But you see, by this how strangely he is put to it, to bovy up his sinking Cause; but he does as well as he can Drowning Men catch hold of any thing.  
But above all things, I cannot sufficiently admire his Confident challenge of producing any one instance where ever any Nation, not under the immediate force of a Conqueror, did admit of a Prince, of a Religion contrary to that established; when Scriptures the History of the Byzantine Empire, and the Annals of our own Country, could have furnished him with so many examples: for how many Idolatrous Kings, do we read of its Holy-Writ, that without any disturbance of opposition succeeded and governed in Israel, tho' their inclinations were well known before their coming to the Crown? but we hear not one word of Disinheriting or Deposing them, (unless by such as are there branded with the Name of Traitors and Villains,) except by the immediate and most visible Act and Finger of God himself, who being the Creator of Nature, can alone (when it pleaseth him) control her Methods and Operations; and certainly if any such Power there, had been lodged any where in the Jewish Government, we should have found it put in Execution, I doubt not, by that People, whose Religion was much more inconsistent with the Idolatry of the Heathens, than ours with that of Rome, and so they had the greater Obliga●i●ns to endeavour to prevent the Succession of an Idolatrous Prince: and if we may ta●e any measure from the Primitive Christians, we shall not find any thing to countenance our present proceed; for after their Religion was become the established one of the Empire, I cannot hear that they endeavoured to seclude Julian the Apostate 〈◊〉 the Imperial Diadem, tho' they were no less acquainted with his Inclination to these Religion, than his natural Temper. Nor do I ever find the Orthodox party talking of impeaching the Right of Succession, when an Arrian (under whom they were sometimes as severely persecuted, as ever their Ancestors were in the time of the Heathens) Was the Heir Apparent; 'twas a Doctrine unheard and unthought of amongst them. They had recourse only to the true Christian Arms of Prayers and Tears for their Defence: For the Church in those days was not so literally Militant, as it has been of late. And in our own Country, have we not seen a Mary and Elizabeth, Princesses of a contrary Religion to that established, Succeed to the Throne without any resistance, or at least such as rather strengthened, than shook their Throne. Queen Elizabeth met with none, and that against Queen Mary was rather an Offer, than any thing else.  
But here I cannot sufficiently wonder at the disingenuity of this Pamphleteer, who has in more places than one endeavoured to insinuate, that all those who either oppose or are persuaded of the Injustice and illegality of the Bill of Exclusion, are Patists, or at least Popishly Affected; and therefore he citys the Opinion of two great Romanists, hoping thereby to convince them of the Truth of his Assertion; but he either forgets, or rather maliciously conceals, that the Doctrine of disinheriting and deposing Kings, and of the Natural freedom of the People, is rank Popery: first broached and introduced by the Schoolmen, and since zealously maintained by the Jesuits, and other great Men of the Papal Faction; and I much fear whether if he would ingenuously confess the Truth, he must not acknowledge himself beholden to one of them for the greatest part of his Discourse; So true is it, that though our fanatics (amongst whom, if I am not misinformed, our Author is or at least once was a leading man) and the Papists, though they look contrary ways; yet like Sampsons' Foxes, they are tied together at the tails, they are alike the firebrands and disturbers of all Countries where they come; So that I think I need not be concerned at the Sentiments of men so devoted to the Roman See, as 
† Card. Fisher Sir, Thomas More.  those he mentions. But for Sr. W. Raleigh; whose Testimony, both as a Protestant and a Judicious, Learned Man, I very highly value, I am not at all in pain; for if a Man do but look into the Quoted place (to which I refer my Reader) he will find him of quite another opinion than this Gentleman, who has strangely misrepresented him, would have us believe; from whence you may take the measure of this Man's Ingenuity, his Candour and Integrity; but by this time I think you are well enough acquainted with him.  
And thus I have run through this whole Pamphlet, and I hope given a clear answer to every thing of any moment by him advanced; and as for some few little trifling passages not worth considering, I have passed them over, without taking any notice of them. And from a due Consideration of the whole matter, every man must infer, that the Kingdom of England is an Hereditry Monarchy, wherein the Succession of the Crown is inseparably by all Laws Divine, Natural and Humane, annexed to Proximity of Blood, and that all the Humane Acts and Powers in the World cannot hinder the Descent of it to the next Heir. And that whoever does but consult and examine impartially the History and Records of this Nation, must conclude, That nothing can be drawn from thence to savour the contrary opinion, which was the thing I undertook to prove.  
FINIS.   

If the Reader will be pleased to take the Pains, He is desired, to Amend this, and what other Erratas, that have Occurred, by Reason of the Author's absence from the Press.  
Page 33. l. 44 between Paid and And, Insert Him by Abraham.