THE WHITE ROSE: OR A WORD for the House of YORK, Vindicating the RIGHT OF SUCCESSION, IN A Letter from Scotland TO A Peer of this Realm. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Leges sequi Patrias, pulchrum est. E Clearcho. LONDON. Printed Anno Dom. MDCLXXX. THE White Rose. My Lord, I NEED not acquaint your Lordship, what a general sorrow invaded us, upon the departure of His Royal Highness from amongst us, when I tell you, that we looked upon, and esteemed his coming hither, to be one of the most signal Honours that hath been done Our Nation, since the happy Restauration of His Most Sacred Majesty. The benign Influence of this generous Prince, vouchsafed to our cold Clime, seemed like the welcome Approaches of the Sun, to the benighted Indians, who are said to welcome that glorious Luminary with the Extatick Acclamations of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If ever Our Nation had any Affinity to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whence Etymologists tell us 'tis derived, 'twas at the departure of this Great Duke; I cannot, without fresh Reluctancy, acquaint your Lordship, what a mutual uneasiness and trouble was expressed at parting, His Royal Highness assuring us, That nothing, but the satisfaction of waiting upon the King, could balance the trouble he had, to part so soon from us: On the other hand, we made our humble Acknowledgements, for the great happiness we had in his illustrious presence, and how much we were obliged to his good Advice and Conduct, protesting, That as Our Allegiance obliged us to venture our Lives and Fortunes for His Majesty, our Affections to His Royal Highness would engage us to do the same for Him, if His Occasions should require it. This Royal Hero, like the Dove turned out of the Ark, took footing here, finding the threatening Inundation abated; and, I hope, is some time since, returned with Safety, and the Olive of Peace, having completed that Imperfect Conquest which left us but too many Instruments of Revenge; for I am confident, we have now few Malcontents here, but what his Departure hath made. Those Mists were dissipated so soon as his Royal Rays broke out amongst us; for 'tis this Gracious Prince's Peculiar to subdue the heart, (whilst Others can only tame the Violence of the Man) and make Rebellion lick its own lips and misshapen Issue, into the beauty and symmetrice of Subjectian and Loyalty, From the secret instincts of Nature, Birds and Beasts, are taught to obey the Eagle and Lion: though several are hardy enough, to undertake unequal Matches, from any of the Lower Rank, especially, if edged by Keen hunger, or Exasperated by bloody Revenge; yet the same Wolf that bristles at a Bear, will crouch to the Lion; insomuch, that Ethics seem amputated from the Rational, and grafted in the Sensitive Stock. We know what Birds, with greatest noise proclaim their Encounters, as if mighty matters were Achieved, when a sew despicable Vermin are the sole Trophies of the scorned and derided Victor, who mistakes the chattering of the multitude for Ovations, and Io Triumphs, and the Fights of a Cough House, or the Registry of an Intelligencer, sufficient Records to eternize his illegitimate fame and glory. Should I recount the Achievements of His Royal Highness for the Peace and Safety of the Three Kingdoms. I should intricate myself in a Labyrinth, too tedious for Your Lordship to expect my Regression▪ and possibly offend the Virtue of that Prince, which as 'tis the blessing of this, will be the standing Wonder of future Ages; a Prince whose Heroic Spirit, glories in great and adequate Actions, taking a greater complaisance and satisfaction in doing brave, than in hearing of it. In short, all that can be said upon so glorious a Subject, will be so far from Panegyrics, that 'twill be but telling men, when the Sun shines in their Hemisphere, 'tis Day. I proceed therefore to a nearer Observance of Your Lordship's Commands, and the Letter you were pleased to send me, in which I find so much writ, and so well, in Vindication of the Right of Succession, that the Author hath almost anticipated all further Discourse upon the same Subject. However, I shall presume to advance the Superstructure a Story higher, since the Foundation seems so firm and supportable. I must confess you have as much engaged me out of my Province, as if Architecture were the thing to be considered of indeed. But yet I shall show my Obedience, as well as unskilfulness in the performance of your irresistible Commands. I have (since the contracting of this weighty Point) looked into such Books of Law and History, as I am at present furnished with, which assure me that the Course of Right Succession to the Crown, is not to be diverted from its proper Channel: Or if you please▪ The Descent of the Crown in the Right Line, cannot (de Jure) be impeded by any Act or Deed whatsoever. This Proposition I shall endeavour to evince, by Authority and Reason, proceeding by an easy Climax or Gradation to the Matter, and consider it first in its less questionable Instances. And first, says an (a) Brit. Cap. 34. de Donis. Ancient Author, Roys ausi ne pourront rien aliener, en droit de leur Corone, ne de lour Royalty, que il ne soit repealable per lour Successors. With which (b) Tit. de Reg. Off. f. 130. Mr. Lambard in his ancient Laws of England, concurs, in these words, Debet, de Jure Rex Omnes Terras & Honours, omnes Dignitates & Jura, & Libertates Coronae hujus Regni, in integrum cum Omni integritate, & sine diminutione servare & Defendere. So that the Alienations of Kings, in the Right of their Crowns, are repealable, by their Successors, and that they are bound by Law, to defend and preserve all the Lands, Honours, Dignities, Laws and Liberties of the Crown entire, with all integrity and without diminution. The Opinion of all the Judges and Doctors, both of the Civil and Common Laws, assembled in the Exchequer-Chamber upon the Demise of H. 4th. was, (c) Fitz. H. Abr. Til. Devise. n. 5. Exec. n. 108. That the said King might make a Will, and give Legacies, but that he could not bequeath the goods of the Realm, (vizt.) the Antient-Crown and Jewels: much less can a King dispose of the Sovereignty itself. In the time of (d) Rol. Parl. 40. Edw. 3. n. 8. Ed. the third about the 40th. of his Reign▪ the Pope, by his Legate, demanded of the King Homage, for his Kingdoms of England and Ireland, and the Arrears of 1000 Marks per Annum, granted by King John, to Pope Innocent the 3d. and his Successors; and threatened that if it were not paid, the Pope was resolved to proceed against the King, by Excommunication etc. Whereupon King Ed. called a Parliament in which it was declared by the Unanimous Consent of the Lords and Commons, that no King can put Himself, his Realm, or People, under a Foreign Subjection, without Assent of the Lords and Commons, in Parliament; and therefore if King John had done it by the Common-Council of his Barons, as his Charter purported, yet it was altogether invalid, for that it was not done in Parliament by the King, Lords and Commons; and albeit it might, (though it appears it could not without Authority of Parliament to back it) yet it is contra Legem & Consuetudinem Parliamenti, to do such an Act; as by the (f) 42 Ed. 3. n. 7. Lex & Consuetud. Parliamenti. Record appears; by which it was declared in full Parliament upon demand made on the behalf of the King, that they the Lords and Commons could not assent to any thing in Parliament that tended to the Disherison of the King and his Crown, whereunto they were sworn. Upon the same Principle, the Attournment of Tenants, seems to have its Basis, and is Requisite, where Lords dispose of their Manors, Ne Capitalibus Inimicis subjugentur, Lib. 12. f. 28 that they may not be subjugated to their Capital enemies. Sr. Edward Cook tells us, that the Dignity Royal is an Inherent inseparable to the Blood Royal of the King, and cannot be transferred to another, It is said that Edward the Confessor, Dan. Hist. of W. first. gave William the Conqueror, a Colour to claim the Crown of England, by a Donation made by Testament; which Act was not of Power to prejudice the State, or alter the Course of Right succession, and the Reason rendered is this, that the Crown of this Realm being held not as Patrimonial, but in a Constant succession by Remotion, (which is a succeeding to another's Place) it was not in the Power of King Edward to Collate the same, by any Dispositive and Testamentary will, the Right descending to the Next of blood only, by the Custom and Law of the Kingdom. We read in our English Histories, that King Richard surnamed Ceur-de-Lyon, deposed himself of this Kingdom, and Delivered the same to the Emperor, as his Supreme Lord, and invested him therein, by delivering of his Hat, But 'twas adjudged that this Investiture, could not prejudice the State, nor alter the course of Right succession, though it might Keep the Kings-Head cold, as the Statists of those times observed. The Civil-Law Asserts, Principem cum omnia possit, Res tamen Imperii abalienare non posse, and the municipal Constitution of France is, that the French King cannot dispose of the Sovereignty of the Kingdom: so that foreign Laws Concur with Our Own in this Point, which have had the suffrage of the whole Kingdom, for these many hundreds of Years, being as judge Fortescue defines them, an Artificial Perfection of Reason, and the Productions of much Wisdom, Time, and Experience. The Law is Sanctio Sancta, jubens Honesta, prohibensque Contraria: to which (a) Lib. 2. de Nat. Deorum. Cicero is Parallel: Recti praeceptio, pravi est depulsio. Having in its Prospect the same which Religion hath, ut Cives bonos efficient, that it may make men good. being juvenibus Regimen, Senibus Solamen, Pauperibus Divitiae, et Divitibus Securitas, Religion is to the wicked and faithless a Jurisdiction against which they readily Rebel, because it rules severely, yet pays no worldly recompense for Obedience, Obedience being by every human Power invited, with assurances of visible advantage. The good need not the power of Religion to make them better, for her power proceeds from threatenings, which (though mean weapons) are fitly used, since she encounters a base Enemy. It may be Observed, that all virtuous men, are so taken up with the Rewards of Heaven, that they seem to live as if out of the world and; no Government can receive assistance, from any man merely as he is Religious, but as that Religion makes him active in temporal things, 'tis acquaintance with the world, and knowledge of men, that makes abilities of Ruling, for though a sufficient belief of Doctrine, would beget Obedience, (which is the grand design of Government) yet since diversity of Doctrine, distracts all Auditors, and makes them doubtfully dispose their Obedience, therefore Religion hath little to do in Government, and an active spirit is fittest for the menage of an Empire. But however I think it cannot Rationally be presumed, that any Governor would purely for the sake of Religion, subjugate himself and People, to a foreign Power, and make that which is designed for the safety of our Souls, the grand Instrument of our Destruction. When the People consider a Ruler they would have him all Dove, whereas Policy teacheth him to be most Serpent; though they look upon this as more dangerous, than the ills it would prevent, and that outwitting the People is but giving Reputation to falsehood and corruption, and maintaining the Public by Politic evils, and the base prostitution of Religion. I shall not upon Machiavel's word, Recommend Dissimulation and Cruelty for Cardinal virtues and as the best supporters of Authority; for a Prince ought to refuse a Kingdom, and retire to Privacy, rather than Reign to the Ruin of Mankind: but when we consider the mutual sympathy (as between the Head and Members so) between a Prince and his Subjects, and the complication of their Interests, and that their happinesses and miseries proceed from each other mutually, it cannot be presumed, that a Prince of approved wisdom, should so mistake or divide the Interest, as to precipitate them into Ruin, only to undo himself by the Rebound, But to Return to my Province, it may be demanded, whether there are not foreign Examples to be produced, that Kingdoms have been transferred from one Prince to Another, by a voluntary Gift? I Answer Affirmatively, and shall instance in two of the chiefest which occur to my Memory at this time. The One is of Alphonzo King of Arragon and Sicily, who having conquered the Kingdom of Naples from the Duke of Anjou, Gave it to his Natural Son by his last Will and Testament. The Other is of Alphonzo el Bravo, King of Castille an● Leon, who having conquered Portugal from the Moors, Gave it in Marriage with his Bastard Daughter to Count Henry of Lorraine, so that here are two Examples, one by Testament, the other per Donationem inter Vivos. But here is to be noted, that no Ancient or Hereditary Rights were disposed of, but the Conquerors new Acquisitions, for 'tis Affirmed by most Lawyers, that no King in a Monarchy, that is by the ancient custom and fundamental Laws of the Realm merely successive, either to the Heirs male or Heirs general, can any ways dispose of his Kingdom, in prejudice of the next Heir in blood, according to the Custom; no not, though the Parties interessed, should Commit Treason, or be excluded by any Act of the States or Parliament. That Treason cannot avoid a Lawful succession in blood, We have an Example in Lovis the 12th. Who was in Arms against Charles the 8th. both Kings of France, and Our Own King Henry 7th. stood attainted of high-Treason at the time of his coming into England, 1 H. 7.4. and by the Judges in their Consultation, in the Exchequer Chamber, Ploughed Com. f. 238. what should be done for the King concerning his Attainder, it was with unanimous consent Resolved, That the Crown takes away all defects and stops in blood, Coks Litt. f. 16. and that from the time the King did Assume the Crown, the fountain was cleared, and all Attainders and Corruption of blood discharged: Ann. H. 7. f. 8. but however for the sake of Honour (says the Lord Verulam) it is ordained by Parliament that all Records in which there was any memory or mention of the King's Attainder, should be defaced, canceled, and taken off the Flie. So in the Case of George Duke of Clarence, We find the Pue'ple (though he was their great Favourite) were not much concerned about his Attainder, since they had Learned by the King's Example, that Attainders do not interrupt the Conveying of a Title to the Crown. Hence it is Evident, that by the Laws of this Kingdom, there can be no Inter-Regnum within the same, and that immediately by Descent, the next Heir in blood is completely and absolutely King, without any essential Ceremonies, or Act to be done, Ex post facto; and that Coronation is but a Royal Ornament, and outward Solemnisation of the Descent. Thus having considered the Subject in the less Disputable Instances, I come to the Grand Doubt, That is, Whether An Act of Parliament may alter the Course of Right Succession in Blood? There are, I must confess, Statutes that make it Treason but to deny it, but never otherwise made, then only for fear or flattery of the present Prince, and after, never observed; and I am confident, 'tis the Desire of the sober and temperate sort here, That any New One of that nature, may have the same Fate. I hope we are pretty well secured, having a King of such excellent Wisdom and Princely Virtue, bearing such a sacred regard to His Laws, that the Royal Assent shall never be ravished from him, to stamp such an Adulterate Coin, as must pass Currant for disabling His Royal Successor, to inherit the Crown of these three Kingdoms. Should our Statesmen suffer this Remora to ding to the Great ship of Government, in which they are the trusted Pilots, Government would be at a stand, nay wrecked by that which was designed for her safety and Establishment; and the People, who are the Lading, a freight more dangerous and much loser than any other living stowage, being usually as troublesome in Calms, as Horses in Storms, fall into the hands of Algerines even in there own Harbours; for where could Liberty and Property tide safe at Anchor? We are perpetually exclaiming (with the highest detestation) against the King-killing Doctrine of the— Jesuits, whose Principles, like the fruitful slime of Nilus, have increased into so many various shapes of Serpents, whose windings are so intricate and unknown, that even Justice herself the painful pursuer of evil men, is almost wearied out. I have made a Break before the word Jesuit, that your Lordship may add your own Epithet, for I know none bad enough, for those worst of men, who seem like Machiavel's Belphagor dispatched from Hell in human shape to negotiate the Devil's Affairs. Their Order I must confess is specious, and I need not tell whence it is derived, since Boys of the 2d. or 3d. Class can do it; But they are no more like their Primitive, than Snow's like the Sun, which warms the Earth by Antiperistasis, just as these men would save it, by Destruction; when I consider these Men, they seem like those of Cadmus sprung from the Serpent's Teeth, 'tis no wonder to find them of such a Serpentine Nature; I can not think them Christians but that their Baptismal water was so far from being Sacramental, that 'twas some of the WHORES own making, fit for the putrid Spawn and Gender of such, Toads I won't call Them, since they are not at Once Poison and an Antidote, but the first altogether; and though one of their Saints by his whistle, purged Ireland of all Venomous Creatures, yet they can live there and retain their Natures, and when they come croaking into the Palaces of Kings, they prove a worse Plague than those did to the Egyptian Monarch. I wish all Christian Princes may prove to them as the Stork to the Frogs in the stable, Kings not to Protect▪ but Devour: I have made this Digression, first to Justify myself in your Lordship's Opinion, in the next place that whilst we are Exclaiming against the Pernicious Principles of these men, we may not improvidently lay the foundations of far worse; for 'tis less barbarous, to destroy a Prince altogether, than keep him perpetually tortured with the loss of three Kingdoms, and by a Civil death make him survive the Funerals of his own Royalty. Let us leave off Annually to Commemorate that Royal Martyr and best of Kings, Charles' the first; unless we resolve upon better usage, towards his Royal offspring, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, fiat Justitia, ruat Coelum. The History of Saul and David, 1 Sam. 24.26. which we have recorded in Holy Writ, is worthy to be adverted to; when at En-gedi and in the Valley of the Ziphims, David, who had Saul twice at mercy, and was hunted after as a Partridge, a Flea, and a dead Dog, even for but cutting of the Lap of his Garment, was wounded in his heart since Saul was his King, his Master, and the Anointed of the Lord. But to come nearer to this great point. In the Civil Wars, between the Two Houses of York, and Lancaster, how many Statutes have been made in disherison of the Line of York, 25 H. 8. c. 22. 26 H. 8. c. 2. and all vanished into smoke. That of H. 8th. in disherison of Queen Mary etc. And confirmed by another Statute of the same Kings, how have they been observed? and lastly the great Act which gave Authority to the King that after his own Line, he might dispose under his Great Seal, 35 H. 8. c. 1. or by Will, of this Kingdom, have we not been sensible of it, to our lasting Joy? how happily it hath been neglected, so far as that the case, which is put in the statute of extinguishment of King Henry the 8ths' Line, and a Will made (such as it was) to the disherison of the Scottish-Line, the validity whereof, was never so much as once considered upon by the great Council of the Kingdom, as being a matter, that whether the same were a Will or not, skilled not at all, the Act itself being a void Act, that should have given life and validity to the Will. So that we may say with the Rhetorician, multi quidem utuntur malis Consiliis, num me autem dextro, quibus quod malum designabant, cedit in bonum? To what hath been already said, I shall add the Judgement of that Ingenious and Learned Gentleman Mr. Roger Coke, whose words are these. Lib. 3. c. 2. of Inherit. & Succession. No humane Law can create a humane Right; Jura sanguinis nullo Jure Civili, dirimi possint. Nor is this Right of Succession, from divine positive Laws, but observed as well where God's Revelation of himself is not received, as where it is. And if according to the Resolution of all the Learned Judges in Calvin's case, Subjection is from no humane Law, but from the Law of Nature, then of necessity must Regal-Right and Inheritance, be from the Law of Nature; for no man supposeth subjection, where he does not presuppose Power. The Acts therefore made by H. 4. H. 5. and H. 6. Which entailed the Crown upon their Heirs Males, were void, and wholly to be rejected: So likewise were the Acts of Rich. the Third, and Henry the Seventh, which entailed the Crown upon Them and their Heirs. But peradventue, though your Lordship may approve of what hath been here offered, yet (with others) You will be ready to Object, that all this and much more must be laid aside for the preservation of Our Religion, against the dangers that threaten us from the Romish-Church, and that 'tis not so long, since our Ancestors drew their gauled Necks from that heavy Yoke, but that still Manet al● â ment Repostum. I must confess, if the Multitude (whose Character it is, aut humilitr servire, aut superb dominari) are proper Judges of this Point, and that the Machine's of State, must turn upon their Hinges, the Verdict may pass against me, yet I shall not magnify the Politics of Euripides so much, as to say, Jus regnandi gratiâ Violandum est, aliis in rebus pietatem colas. This indeed is to make the Mistress serve the Handmaid, to make Religion truckle to Policy, as if the seasons of the Year, aught to accommodate themselves to Men, rather than Men accommodate themselves to the seasons. Policy presupposes Ethics, and so the footsteps of that ancient virtue, are almost worn out and invisible. But can the Consideration aforesaid, be so weighty as to preponderate that of Nature? for we are taught in our Church, That the Ties and Bonds of Duty and Subjection, even to Heathen and Idolatrous Princes, are Sacred and Inviolable; Dominion and Sovereignty being the Ordinances of God, not as he is the Author of Grace, but as he is the Governor of the World, and therefore the duty of Children to their Parents, of Servants to their Masters, and of Subjects to their Prince, is not a Consequence of Christianity, but a Principle of Nature, and consquently unalterable, upon the score of Religion. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The very Morals of the Heathens (had we no Bibles) teach us a Passive Obedience to Princes; that we ought patiently to Endure Governors, though set as a scourge over us, and Pray to the Immortal Powers for liberation. Nay there is a subjection due even to Tyrants themselves, Sen. Neque Quenquam Tyrannum occide, Deorum foedera iniens; and why? Imago Rex est Animata Dei, Regem ergo cum tibi Dii paraverint sis Eo dignus, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ The Greek Poet could tell us, that Kings are by Divine Ordination, and he that shall kill a King (though a Tyrant) is as much a Regicide, as he that destroys a Prince of the most gracious and clement temper, This Consideration made the great Duke of Norfolk, so highly Espowse the interests of that bloody Usurper Richard the 3d. who notwithstanding the Caveats that were sent him by the Adverse Party, in this Distich. Good Jack of Norfolk be not too bold, For Dicon thy Master is bought and sold. Made him break out into these Expressions of his Loyalty; That were the Royal Diadem placed upon a Stake, he would there sacrifice his Last drop of blood and serve his King with a Victorious Sword or a Glorious Death. A King is the Animate Image of God, nay we know who it is that says, I have said that ye are Gods, He than that shall oppose their Rights and Interests, what is it, but Giantlike, to invade Heaven? None but God can make an Heir to a Crown, Coke Litt. Sect. 1. says Sir Edward Coke; solus Deus haeredem facere potest: and this Heir, is but an Heir in fee to Lands or Tenements, according to Common Law or Custom: if then only God can make such an Heir, and the Kings of England in their Royal styles, Acknowledge the Tenure with a Dei Gratia, the Emperor with a Deus dedit, and the French King with a Dieu Done, surely None but the same Superintendent Power (by which Kings Reign) ought or can Dispossess or disinherit Princes, from their Rights fenced with the Laws of God and Nature, and established upon the foundation of humane Laws and Customs. What Atlas shall support the State of the Ruinous and Tottering world, in these perilous Ends of time, whereinto, as into a Common sink, have sunk all the foul Enormities of former Ages? We live not only in the Iron Age of the world, but in the very Rust of it, and may take up the complaint of Old, that Justice hath left the Earth, that Truth skulks into by-Corners, that they are good Mistresses indeed to those that Keep them, but such as follow them too close at Heells, may have Rags and broken Heads. May the Parliament Prove so many Catoes or Fabicii; of whom it was said, that the Sun might as soon be altered in his Race, as they in the Course of Justice, that they may give no more occasions for Dissolutions, as if frequent Dissolving Parliaments, were like drawing of Spirits in an Alymbeck, the oftener the more refined and Essential. The Law is the Pulse of the Common Wealth, when it beats not at all the Common Wealth is dead; if it have but slow motion, 'tis weak; if too quick, feverish and in a fatal Hectic; but if it keep an Equal Course, than the Common Wealth is in a good Constitution, True is that of a Learned Politician in the Curious Clockwork of Justice, the Least Pin or Wheel amiss Distempers and Disorders All, and Causes the whole frame to be taken in Pieces; and 'tis heartily wished they may keep time with the Royal hand; and strike as that Points. Thus, My Lord, having given You a brief account of my thoughts in such a weighty matter, I humbly take my Leave and subscribe myself, My Lord, Your Lordship's Most Obedient Servant, W. B.