A Word without Doors Concerning the BILL for SUCCESSION. SIR, I AM very sensible of the great Honour you were pleased to do me in your last, which I received immediately after our late unhappy Dissolution; but could have wished you would have laid your Commands on some more able Person, to have given you Satisfaction in the matter you there propose relating to the Duke, who, you seem to insinuate, was like( if the Parliament had continued) to have received hard measure. I must Ingenuously confess to you, I was not long since perfectly of your Opinion, and thought it the highest Injustice imaginable, for any Prince to be debarred of his Native Right of Succession upon any pretence whatsoever. But upon a more mature deliberation and enquiry, I found my Error proceeded principally from the false Notions I had took up of Government itself, and from my Ignorance of the practices of all Communities of Men in all Ages, whenever self-preservation and necessity of their Affairs Obliged them to Declare their Opinion in Cases of the like Nature: To the knowledge of all which, the following Accident I shall Relate to you, did very much contribute. My Occasions obliging me one day to attend the coming of a Friend in a Coffee-house near Charing-Cross, there happened to sit at the same Table with me two Ingenious Gentlemen, who according to the frankness of Conversation now used in the Town, began a Discourse on the same Subject you desire to be more particularly informed in; and having Extolled the late House of Commons as the best number of Men that had ever sate within those Walls; and that no House had ever more vigorously maintained and asserted English Liberty and Protestant Religion, than they had done, as far as the Nature of the things that came before them, and the Circumstances of time would admit( to all which I very readily and hearty assented;) they then added, That the great Wisdom and Zeal of that House had appeared in nothing more, than in Ordering a Bill to be brought in for debarring the Duke of Y. from Inheriting the Crown. A Law they affirmed to be the most just and reasonable in the World, and the only proper Remedy to Establish this Nation on a true and solid Interest, both in Relation to the present and future times. To which I could not but Reply, That I begged their Pardon if I differed from them in Opinion; and did believe, that how honestly soever the House of Commons might intend in that matter, yet that the point of Succession was so Sacred a thing, and of so high a Nature, that it was not Subjected to their Cognizance: That Monarchy was of Divine Right: That Princes Succeeded by Nature and Generation only, and not by Authority, Admission, or Approbation of the People; and consequently, that neither the Merit or Demerit of their Persons, nor the different influences from thence upon the People, were to be respected or had in consideration; but the Common-wealth ought to Obey and submit to the next Heir, without any further Inquisition; and if he proved a Worthy, virtuous, and Just Prince, it was a great Happiness; if Unjust, Barbarous, and Tyrannical, there was no other Remedy, but Prayer, Patience, and an entire Submission to so difficult a Dispensation of Gods Providence. I had no sooner ended my Discourse, but one of the Gentlemen( that was the most serious in the Company) seeing me a Young Man, gravely replied; That he could not but be extremely concerned to hear that such pernicious Notions against all Lawful Government, had been Taught in the World: That he believed they were in me purely the effects of an University-Education; and that it had been my misfortune to have had a very high Church-man for my Tutor, who had endeavoured( as it was their constant practise to all Young Gentlemen under their Care) to Debauch me with such Principles as would enslave my Mind to their Hierarchy, and the Monarchical part of the Government, without any Regard at all to the Aristocratical and Popular; and that fat Parsonages, Prebendships, deaneries, and Episcopal Sees, were the certain and constant Rewards of such Services: That the place we were in, was a little to public for Discourses of this Nature; but if I would accept of a Bottle of Wine at the next Tavern, he would undertake to give me juster measures; adding, it was pity so hopeful a Gentleman should be tainted with bad Principles. My Friend coming in at the same time, proved to be one of their particular Acquaintance; and both he and I readily complied with so Generous a motion. We had no sooner drank a Glass round, but the Old Gentleman was pleased to renew his Discourse, and said, It was undoubtedly true, that the inclination of Mankind to Live in Company( from whence come Towns, Cities, and Common-wealths) did proceed of Nature, and consequently of God the Author of Nature, So likewise Government, and the Jurisdiction of Magistrates in general( which does necessary flow from the living together in Society) is also of Nature, and Ordained by God for the common good of Mankind; but that the particular species and forms of this or that Government, in this or that manner; To have many, few, or one governor; or that they should have this or that Authority, more or less, for a longer or a shorter time; or whether ordinarily by Succession or by Election: All these things( he said) are Ordained and Diversified by the particular positive Laws of every country, and are not established either by Law Natural or Divine, but left by God unto every Nation and country, to pitch upon what Form of Government they shall think most proper to promote the common good of the whole, and best adapted to the Natures, Constitutions, and other Circumstances of the People; which accordingly for the same Reasons may be altered or amended in any of its parts, by the mutual Consent of the Governours and Governed, whenever they shall see Reasonable cause so to do; all which appears plainly, both from the diversity of Governments extant in the World, and by the same Nations living sometimes under one sort of Government, and sometimes under another. So we see God himself permitted his peculiar People the Jews to live under divers Forms of Government; as first, under patriarches, then under Captains, then under Judges, then under High-Priests, next under Kings, and then under Captains and High-Priests again, until they were conquered by the Romans, who themselves also first lived under Kings, and then Consuls, whose authority they afterwards limited by a Senate, by adding Tribunes of the People; and in extraordinary emergencies of the Commonwealth they were governed by Dictators, and last of all by Emperors. So that it's plain no Magistrate has his particular Government, or an Interest of succession in it, by any Institution of Nature, but only by the particular Constitution of the Commonwealth within itself. And as the kinds of Government are different, so also are the measures of Power and Authority in the same kind, in different Countreys. I shall begin,( said he) with that of the Roman Empire, which though it be the first in dignity among Christian Princes, yet it is so restrained and limited by the particular Laws of the Empire, that he can do much less in his State, than other Kings in theirs. He can neither make War, nor exact any Contribution of Men or Money, but by the consent of all the States of the German Diet: And as for his Children and Relations, they have no Interest or pretence to succeed, but only by Election, if they shall be thought Worthy. Nay, the chiefest Article the Emperour swears to keep at his admission to that Honour, is, That he shall never endeavour to make thy Dignity of the Empire hereditary to his Family. In Spain and in France, the privileges of Kings are much more eminent, both in Power and Succession; their Authority is more absolute, every Order of theirs having the validity of a Law, and their next of blood does ordinarily inherit, though in a different manner. In Spain the next Heir cannot succeed but by the approbation of the Nobility, Bishops, and States of the Realm. In France the Women are not admitted to succeed, let them be never so lineally descended. In England our Kings are much more limited and confined in their Power, than either of the two former; for here no Law can be made but by consent and Authority of Parliament; and as to the point of Succession, the next of kin is admitted, unless in extraordinary cases, and when important Reason of State require an alteration: And then the Parliaments of England( according to the Ancient Laws and Statutes of the Realm) have frequently directed and appointed the succession of the Crown in other manner than in course it would have gone; of which I shall give you some Examples in order. But first let us look abroad, and see how things have been carried as to this point in other Countreys. Amongst the Jews the Law of Succession did ordinarily hold; and accordingly Rehoboam the Lawful Son and Heir of solomon, after his Fathers decease, went to Sichem to be crwoned and admitted by the People; and the whole body of the People of Israel being there gathered together, did( before they would admit him their lawful King) make unto him certain propositions for taking away some heavy Taxes that had been imposed on them by his Father Solomon, which he refusing to gratify them in, and following the advice of young men, Ten of the Twelve Tribes immediately choose Jeroboam, a Servant of Rhehoboam's, a mere stranger, and of mean Parentage, and made him their King; and God approved thereof, as the Scriptures in express words do testify: for when Rhehoboam had raised an Army of One hundred and fourscore thousand men, intending by force of Arms to have justified his Claim, God appeared unto Semajah, and commanded him to go to Rhehoboam, and to the House of Judah and Benjamin, saying, Return every man to his House, for this thing is of me, saith the Lord. So that since God did permit and allow this in his own Commonwealth, which was to be the pattern for all others, no doubt he will approve the same in other Kingdoms, whenever his service and glory, or the happiness of the evangelic shall require it. The next Instance, I shall give you, shall be in Spain, where Don Alonso de la Cerda having been admitted Prince of Spain in his Father's life-time( according to the Custom of that Realm) married Blancha Daughter of Lewis the first King of France, and had by her two sons name Alonso and Hernando de la Cerda; but their Father( who was only Prince) dying before Alonso the ninth then King, he recommended them to the Realm as lawful Heirs apparent to the Crown: But Don Sancho their Fathers younger Brother, who was a great warrior, and surnamed El Bravo, was admitted Prince, and they put by, in their Grandfathers life-time, by his and the States consent; and this was done at a Parliament held at Sogovia, in the year 1276: And in the year, 1284,( Alonso the 9th. being dead) Don Sancho was acknowledged King, and the two Princes Imprisoned; but at the Mediation of Philip the third, King of France, their Uncle, they were set free, and endowed with considerable Revenues in Land, and from them do descend the Dukes de Medina Celi at this day; and the present King of Spain that is in possession, descendeth from Don Sancho. In France, Lewis the 4th. had two Sons, Lothairin, who succeeded him, and Charles whom he made Duke of lorraine. Lothairin dying, left an only Son name Lewis, who dying without Issue after he had reigned two years, the Crown was to have descended on his Uncle Charles Duke of lorraine. But the States of France did exclude him, and choose Hugo Capetus, Earl of Paris, for their King; and in an Oration made by their ambassador to Charles of lorraine, did give an account of their Reasons for so doing, as it is related by Belforest, a French Historian, in these very words: Every man knoweth( Lord Charles) that the Succession of the Crown and Kingdom of France, acc●●●ing to the ordinary Rights and Laws of the same, belongeth unto you, and not unto Hugh Capet now our King: But yet the same Laws which do give unto you such Right of Succession, do judge you also unworthy of the same, for that you have not endeavoured hitherto to frame your life according to the prescript of those Laws, nor according to the use and custom of the Kingdom of France, but rather have allied yourself with the Germans our old Enemies, and have accustomend yourself to their vile and base manners. Wherefore since you have abandoned and forsaken the Ancient Virtue, Amity, and sweetness of your country, your country has also abandoned and forsaken you; for we have chosen Hugh Capet for our King, and have put you by, and this without any scruple in our Consciences at all; esteeming it far better and more just to live under Hugh Capet, the possessor of the Crown, with enjoying the ancient use of our Laws, Customs, privileges, and Liberties, than under you the next Heir by blood, in Oppressions, strange Customs, and Cruelty. For as they who are to make a Voyage in a Ship on a dangerous Sea, do not so much respect whether the Pilot claims Title to the Ship or no, but rather whether he be skilful, valiant, and like to bring them in safety to their ways end; even so our principal care is to have a good Prince to led and guide us happily in this way of Civil and politic life, which is the End for which Princes are appointed. And with this Message ended his Succession and Life, he dying not long after in Prison. And now I shall come home, and give you an Instance or two in England, since the Conquest, and so conclude. William Rufus, second Son of William the Conqueror, by the assistance of Lanfrank, Archbishop of Canterbury, who had a great opinion of his Virtue and Probity, was admitted King by the consent of the Realm, his elder Brother Robert Duke of Normandy being then in the War at Jerusalem. William dying, his younger Brother Henry by his ingenuity and fair carriage, and by the assistance of Henry Earl of Warwich, who had greatest interest in the Nobility; and Maurice Bishop of London, a leading-man amongst the Clergy, obtained also the Crown. And Robert Duke of Normandy was a second time excluded. And though this King Henry could pretend no other Title to the Crown than the Election and admission of the Realm, yet he defended it so well; and God prospered him with such success, that when his elder Brother Robert came to claim the Kingdom by force of Arms, he beat him in a Pitcht-Battle, took him Prisoner, and so he dyed miserable in Bonds. King Henry had one only Daughter, name Maud, or Matilda, who was married to the Emperor, and he dying without issue, she was afterwards married to Geofry Plantagenet Earl of Anjou in France, by whom she had a Son name Henry, whom his Grandfather declared Heir-apparent to the Crown in his life-time; yet after his death, Henry was excluded, and Stephen Earl of Bulloine, Son of Adela, Daughter of William the conqueror, was by the States thought more fit to govern than Prince Henry, who was then but a Child. And this was done by the persuasion of Henry Bishop of Winchester, and at the solicitation of the Abbot of Glastenbury and others, who thought they might do the same Lawfully, and with a good Conscience, for the public good of the Realm. But the Event did not prove so well as they intended: for this occasioned great Factions and Divisions in the Kingdom; for the quieting of which, there was a Parliament held at Wallingford, which passed a Law, That Stephen should be King only during his Life, and that Prince Henry and his Off-spring should succeed him; and by the same Law debarred William Son of King Stephen from inheriting the Crown, and only made him Earl of Norfolk. Thus did the Parliament dispose of the Crown in those days, which was in the year 1153, which sufficiently proves what I have asserted. The sum of all I have said, amounts to this: That Government in general is by the Law of Nature, and consequently the Ordinance of God; but that the different forms of Government, whether to Reside in One, Few, or Many; or whether it shall be continued by Succession or by Election, together with the different measures and limitations of Power and Authority in Governours of the same kind in several Countreys; All these things, I say, are ordained by, and purely depend upon Positive and human Laws: From whence it will necessary follow, That the same Human Authority( residing in King, Lords and Commons, here in England) which gave being to those Laws for the good of the Community, is superintendant over them, and both may and ought to make any Addition to, or Alteration of them, when the public Good and Welfare of the Nation shall require it; unless you will admit, That an Human Authority, establishing any thing intentionally for the common good of the Society, which in tract of time, by reason of unforeseen Circumstances and Emergencies, proves destructive of it, has by that Act concluded itself, and made that accidental Evil, Moral and Unchangeable, which to affirm is senseless and Repugnant. And now, Sir, I hope by this time( said the Old Gentleman) you begin to think that the Bill for disabling the Duke, was not so unjust and unreasonable as was pretended; and that the course of Succession( being founded upon the same bottom with other Civil Constitutions) might likewise as justly have been altered by the King, Lords, and Commons, as any other Law or Custom whatever. And here I might conclude: But because a late Pentionary Pen has publicly arraigned the Wisdom, Loyalty, and Justice of the Honourable House of Commons, on the Account of this Bill, I will ex abundanti add a word or two more to that particular. Whereupon he plucked a Paper out of his Pocket, entitled, Great and weighty Considerations relating to the Duke and Successor of the Crown, &c. Which as soon as he had red unto us, You see here( said he) the true temper of those men, of whom I first gave you Caution: There never was an endeavour( though in a Legal and Parliamentary way) after any Reformation either in Church or State, but the Promoters of it were sure to be branded by them with the Odious imputations of Fanaticism and Faction: Nay if the country Electors of Parliament-men, will not pitch upon such Rake-hells of the Nation as are usually proposed by them, but on the contrary, make use of their Freedom and Consciences in choosing Able, Upright, and Deserving Persons; and if good men thus chosen, do but( according to their Duty in the House) inquire into public Grievances, pursue in a Legal course Notorious Offenders, and Consult and advice the security of the Government and Protestant Religion, the high Church-man immediately swells, and in a passion tells you, That all this proceeds from the Old fanatic leaven, not yet worn out amongst the People: That we are going back again to Forty One; and acting over afresh the sins of our Forefathers. Thus ignorantly do they compliment the Times and Persons they endeavour to Expose, by Appropriating to them such Virtues as were common to good men in all Ages. But enough of this. In the next place pray observe how Hypocritically the Considerer puts this Question, viz. Whether Protestant Religion was not settled in this Nation by the same mighty hand of God, that established Jeroboam in the Kingdom of Israel?[ And then adds] Whether we( like that wicked King) should so far despair of Gods Providence in preserving the work of his own Hands, as never to think it Safe unless it be established on the Quick-sands of our own wicked Inventions?[ viz. the Bill against the Duke.] And throughout his whole Discourse, he frequently calls all Care of preserving our Religion, a mistrust of God's Providence; and on that score calls out to the Nation, O ye of little Faith, &c. Now I will allow him, That the least evil is not to be done, that the greatest and most important Good may ensue: But that the Bill for Disabling the Duke, is highly Justifiable both by the Laws of God, and Constitution of our Government, I think by my former Discourse I have left no room to Doubt; and the Considerer having scarce attempted to prove the Contrary, it's preposterously done of him to give us his Use of Reproof, before he has cleared his Doctrine. However, I owe him many thanks for putting me in mind how Protestant Religion was first established here in England: It was indeed by the mighty hand of God influencing the public Councils of the Nation, so that all imaginable care was taken both by Prince and People, to Rescue themselves from under the Romish Yoke; and accordingly most Excellent Laws were made against the Usurpation and Tyranny of that Man of Sin. Our Noble Ancestors in those days did not Palliate a want of Zeal for their Religion, with a lazy Pretence of Trusting in Gods Providence; but together with their Prayers to, and Affiance in Heaven, they joined the Acts of their own Duty, without which( they very well knew) they had no reason to expect a Blessing from it. But now be pleased to take notice of the candour of this worthy Considerer, Nothing less will serve his turn, than the proving all the Voters for the Bill, guilty of the highest Perjury; For( says he) they have all sworn in the Oath of Allegiance to bear Faith and True Allegiance to His Majesty, His Heirs and Successors: But the Duke is Heir, Ergo, &c. A very hopeful Argument indeed! But what if it should happen,( as it is neither impossible nor very improbable to imagine it) that the next Heir to the Crown should commit Treason, and Conspire the death of the present Possessor, and for this Treason should not only be Attained by Parliament, but Executed too; Pray Mr. Considerer, would the Parliament in this case be guilty of Murder and Perjury? I am confident you will not say it. If therefore the next Heir become obnoxious to the Government in a lower degree, why may not the same Authority proportion the punishment, and leave him his Life, but debar him of the Succession? This I say only to show the Absurdity of his Argument. My Answer is this: No Man can bear Allegiance to two Persons at the same time; nor can Allegiance be ever due to a Subject, and therefore my Obligation by the word [ Heir} in the Oath, does not Commence till such Heir has a present Right to, or Actual possession of the Crown; which if he never attains, either by reason of Death, or any other Act that incapacitates and bars him, then can my Obligation to him by the word Heir in the Oath never have a beginning. But besides all this, it cannot be denied but that Mr. Considerer's Doctrine does bring great inconveniences on Succession; for the next Heir( by his way of arguing) is let loose from all the Restrictions and Penalties of human Laws; and has no other ties upon him, not to snatch the Crown out of the hands of the Possessor, than purely those of his own Conscience, which is worthy Mr. Considerers highest Consideration. I shall only take notice of one Objection more, and then conclude( fearing I have too much trespassed on your patience already). It's very hard( says he) that a Man should lose his Inheritance because he is of this or that persuasion in matters of Religion. And truly, Gentlemen, were the Case only so, I should be entirely of his mind: But alas! Popery( whatever Mr. Considerer is pleass'd to insinuate) is not an harmless innocent persuasion of a Number of Men, differing from others in matters relating to Christian Religion; but is really and truly a different Religion from Christianity itself. Nor is the Inheritance he there mentions, an Inheritance only of Black Acre and White Acre without any Office annexed, which requires him to be par Officio: But the Government and Protection of several Nations, the making War and Peace for them, the preservation of their Religion, the disposal of public Places and Revenues, the Execution of all Laws, together with many other things of the greatest importance, are in this Case claimed by the word Inheritance; which if you consider, and at the same time reflect upon the Enslaving and Bloody tenants of the Church of Rome, more particularly the Hellish and Damnable Conspiracy those of that Communion are now carrying on against our Lives, our Religion, and our Government; I am confident you will think it as proper for a Wolf to be a Shepherd, as it is for a Papist to be the Defender of our Faith, &c. The Old Gentleman had no sooner ended his Discourse, but I returned him my Hearty thanks, for the Trouble he had been pleased to give himself on this Occasion; and I could not but aclowledge he had given me great Satisfaction in that Affair; what it will give thee, Charles, I know not, I am sure I partend from him very Melancholy for having been a Fool so long. Adieu. I am thy Affectionate, J. D. FINIS.