AN INQUIRY Into the Remarkable Instances of History, and Parliament Records, used by the Au­thor of the Ʋnreasonableness of a new Se­paration on Account of the Oaths; whe­ther they are faithfully cited and applied.

THE Author of this Discourse makes Enquiry into two things, to clear what he hath before delivered.

Page 12.1st. How far the Discharge or Release from a Person, who hath Right, and is concerned, is necessary to those who take the Oaths of Allegiance to another Per­son in Possession of the Crown.

2dly, How far our Saviour's Rule holds in this Case.

The Theological part of this Discourse I wholly pretermit, and leave it to Divines; the Historical is only that I shall enquire into.

And before I enter upon this Enquiry I shall Note.

First, That the Saxons were a miscel­laneous People, joyned with the Francks in Piracy and Rapine; who made De­scents wherever they could upon the Coasts of Gallia, Flanders, and Britain, as Ammianus Marcellinus, lib. 27. c. 7. and l. 28 c. 7. Bede in his History fol 58. col. 2. adds the Jutes and Angles to those, who came or were invited into England. Mr. Selden adds to these the Danes and Frisons, in his Chronology at the end of Ja­nus; and most certainly under the names of Saxons were comprehended several other People; such as joyned with them in Rapine and Piracy, or such as they had subdued, which by the Conquering Ro­mans, or Neighbour Nations, had been forced for their own safety into Islands, Bogs and Morasses, upon and near the Coasts of the German Sea, from the Ri­ver Eydor in Juteland to the Elve, and from thence to the Rhine and Scheld; and it may not want probability, that the Heptarchy was here erected by the Leaders of seven different sorts of People, Rob­bers and Pillagers under the names of Saxons. Such as they were when they came, they remain'd, especially during the Heptarchy, always Invading, Plun­dering, and Burning one anothers Coun­tries, frequently killing and murthering their Kings, Earls, or Chief Governours, or those one another. So, as I think, very Judicious Men would not look for Authentick and Well-grounded Prece­dents in the History of these times; where things were always in a Flux, without [Page 2] permanent settlement, or amongst the barbarous Usages of these rude, illiterate People; unless in such Cases as may have a great appearance of Truth, and are reported or confirmed by the unani­mous consent of their Historians.

The order of Succession was certain in the West Saxon Kingdom, after Egbert brought the greatest part of the Heptar­chy under his Power and Government. Yet from the various Expressions of the ancient Writers of the Saxon Story con­cerning the Succession, an unwary Read­er would think that the Saxons agreed not in one Rule of Succession, or that they had no Rule at all; but whoever considers with understanding, what those Histo­rians say, will find they pursued a sure Rule of Succession (as much, and as often as those times would permit) which was either Right and Proximity of Blood; or the Nomination and Appointment of a Successor by the Precedent King; which Nomination by the Saxon Kings, before the Danes came in, mostly hap­pened in the Minority or Nonage of their Children, and that only in the turbulent State of the Nation, in turbulento Reipublicae tempore, which was thought and al­lowed a sufficient Cause, for the Father to prefer his Brothers Son before his own,Vit. Ael­fred. fol. 9. sect. 10. lin. 4. &c. or a Bastard before his lawful Is­sue, ut pater fratris filium proprio, vel e­tiam Nothum anteferret Germano. And by the following Instances it will plainly ap­pear, That the Saxons did in their own­ing of Subjection and Submission to their Princes, acknowledge both Proximity of Blood, and Nomination by their Kings often both together, sometimes only one of them, but never followed any other Rule, nor did the People in the Saxon Monarchy set up any King themselves in any formal, or pretended Assembly of the Nation. Of both Titles in the same Person, there are these three Examples before the Danes Conquest.

Egbert the first Saxon Monarch had two Sons, Ethelwolth and Aethelstan; the Eldest succeeded him in the Kingdom of the West Saxons; and he gave to his o­ther Son Aethelstan what he had subdued, or his Conquests; who died obscurely, it not being known what end he came to.Malmsb. de Gest. Reg. Ang. f. 20. a. n. 30. Ethelwolphus West-Saxonum regno contentus, caetera quae pater subjugaverat, Appendicia, Aethelstano filio contradidit, Qui quanto & quo fine defecerit incertum The Saxon Chronology Ann. Dom. 836. hath it thus. Ethelwolphus Occidentalium Saxonum reg­num capessit, (Feng to Weg-Sexana Rice, the Common expression for Succes­sion in that Language) filio autem suo Aethel­stano, Cantuariorum, Saxonum Orientalium, Suthregientium, & Suth Saxonum regnum donavit. Florence of Worcester in the same year thus. Cujus post mortem (mean­ing Egbert) Ethelulphus filius suus in West-Saxonia regnare coepit, suumque filium Aethelstanum Cantuariis, East-Saxonibus, Suth-Regiis, & Suth-Saxonibus regem per­fecit. Egbert made his Son Aethelstan King of Essex, Kent, Surrey, and Sussex. After whose death the whole Kingdom came into the hands of Aethelwulph. Testam. Aelfred. in Asser. Meneven. f 22. n. 20. Malm. f. 22. a. n. 20. b. n. 30. chron. Saxon. Anno 854. Aethelwulph notwithstanding his Sons by Proximity of Blood were his Heirs, and also Heirs to one another; yet gave his Kingdom of the West Saxons to E­thelbald his Eldest Son, Ethelred his third, Aelfred his fourth Son successively; and gave to his second Son Ethelbert, Essex, Kent, Surry, Sussex. Ethelhald lived but five years, and Aethelbert suc­ceeded him in the whole Kingdom as next Brother, Ʋt justum erat, says Asser. f. 4. n. 40. Flor. Worcest. and Simon of Dur­ham Anno. 860.Chon. Saxon. Anno. 860. Aethelbaldus autem Quinquennium regnabat (Feng Aethel­bryht, to Eallum Tham Rice his Brother) Ethelbertus autem totum fratris sui regnum capessit. Flor. Wi­go [...]n. Anno. 866, 871. After whom his two younger Brothers Aethel [...]ed, and Aelfred were possessed of the Kingdom successive­ly. This Historian calls this Testament or Will Epistola haereditaria.

Id. Anno. 975.So King Edward possessed the King­dom after his Father King Edgar, both by Proximity of Blood, as his Eldest Son; and by his Fathers Donation, and Command, & Edwardum, ut pater ejus praeceperat, eligerunt, &c. Flor. Wig. Anno. 975.

From Egbert the First Saxon Monarch, to Ethelred the last Saxon King, by Prox­imity and right of Blood, for the space of 216 years, we do not often find the words Elected, or Election; and where they do occur, they are bound and limited by Proximity of Blood, or Nomination of the Successor by the Predecessor: and as they are used, they signifie only Re­cognition of, or Submission to him, that was said to be Elected.

Secondly, The Danes (a promiscuous People as the Saxons were, Danes, Nor­wegians, Goths, Sweves, Frisons, &c. and under the name of Danes Aelfred vit. f. 10. c. 14.) ever since the beginning of King Egbert, having by continued Invasions, and Piracies, ha­rassed, and grievously wasted and molest­ed England, in the Reign of King Ael­fred, by pact and bargain between him and Guthran, enjoy'd East Saxony, or Es­sex, and the County of the East Angles; and, asFaedus Aelfr. & Guthr. c. 1. Lamb. fol 36. some say, a far greater part of the Nation. In King Ethelred's Reign, Swane, King of Denmark, with a great Army Invaded, and made himself Ma­ster of the whole Nation; forcing Ethel­red and his Wife Emme, Sister to Richard the Second Duke of Normandy, with their two Sons Edward and Alfred into that Country.

The Danish Kings stayed not long here after Swane had conquer'd the Kingdom; they all four Reigned not much above 25 years, their only Title was the Sword; notwithstanding they either brought hi­ther the custom of the Predecessors naming, or giving the Kingdom to his Successor, as probably it might have been some times practis'd in their own Kingdoms; or used it as they found it here practis'd in cases of Necessity, and in their Childrens Minority by the Saxon Kings.

Encomi­um Emmae pr. by du Chesn amongst the old French Hi­stor. fol. 164. B. Swane made his Son Cnute his Suc­cessor. He married Emme the Widow of Ethelred, by whom he had his Son Harde Cnute. To him his half Brother Cnute gave all that had been any ways under his Government; but he being then in Denmark, Ibid. C. Harold possessed himself of the Kingdom; who was a Bastard Son of a Maid Servant brought into his Concu­bines Chamber, and imposed upon him by her;Fol. 174. A. B. and for this reason Elnoth Arch­bishop of Canterbury refused to Consecrate him King, and to deliver him the Crown and Scepter.

After the death of Harold, Harde Cnute called his half Brother Edward by his Mother Emme (afterward called the Confessor) out of Normandy, and caused him to live with him; and dying within less than two years after, left him Heir of his whole Kingdom,Gul. Geme­ticens. l. 6. c. 9. Totius regni re­liquit haeredem.

And he, not long before he died, made William the Conqueror his Successor. Anno eodem (viz. 1065.Note the Reason.) Rex Edwardus senio gravatus cernens Clitonis Edwardi nu­per defuncti filium Edgarum, Regio folio minus idoneum, tam corde, quam corpore, Godwini (que) Comitis multam malam (que) sobo­lem, Quotidie super terram crescere ad Cog­natum suum Wilhelmum Comitem Norman­niae animum apposuit, & eum sibi succedere in regnum Angliae voce flabili sancivit. In the same year King Edward growing in­firm with Age, perceiving Edgar Aethel­ing, the Son of Prince Edward, lately Deceased, neither in Mind nor Body fit for the Government, nor to bear up a­gainst the growing Power and Malice of Godwin's Sons, thought upon his Cousin William Earl of Normandy, Fol. 511. b. n. 30. and by a firm Declaration Decreed he should be his Suc­cessor in the Kingdom. Ingulph that Reports this, was at the very time Secre­taty to this William Earl of Normandy, and after he had given him a great Cha­racter for his Courage, Conduct, and constant success in War; his Justice, Religion, and Devotion, subjoyns, that King Edward sent Robert Archbishop of Canterbury, as Envoy to him, to let him know he was designed his Successor in his Kingdom. Which probably he would never have done, if this and the like Donations had been question'd in those days. NayReview of Tyrhs, p. 482. Mr. Selden says, This Do­nation was a lawful Title.

William Rufus had the same Right and Title of Succession by the Donation of his Father, and as his Testamentary HeirFragmt. de vitâ Gul. long. f. 32. n. 20. 30. 40. Orde. Vit. f. 39. C. D..

Ralph de Diceto, Dean of St. Paul's, (who lived in or very near the time) says,Col. 505. n. 40. 50. That Hugh Bigod, Steward of the King, made speed out of Normandy, (where King Henry died) into England, and made Oath before the Archbishop of Canterbury, That upon his Death bed, upon some Differences that hapned between him and his Daughter the Empress did dis­inherit her, and made Stephen Earl of Boloign his Heir. Whereupon William Archbishop of Canterbury giving too much credit to the Words of the Steward, consecrated Stephen Earl of Mortaign King at Westminster. If this should be true, he succeeded as Testamentary Heir to King Henry.

King John was Testamentary Heir to his Brother Richard; who upon his Death-bed, when he despaired of Life, devised to his Brother John the Kingdom of England, and all other his Lands, and made all present swear Fealty to him, and commanded that his Castles, and Three parts of his Treasure should be delivered to him.f. 449. b. lin. 37. Wals. Hy­podig. Neu­striae f. 457. n. 40. Roger Hoveden, who was a Domestick in the Family of King Henry II. and wrote at this very time, delivers this.

King John, before he left the World, made Henry his First-begotten Son his Heir. Paris, whof. 288. lin. 2. Mat. West. f. 276. n. 40. writes this, was Histo­rian to this Henry.

After what hath been premised, the Author's History comes to be consi­dered upon his first Query, which he maintains upon Instances in the Saxon, Norman, and subsequent times.

The Author's Words, P. 13.

As to the former, I say, the resolution of Conscience in this case doth not depend upon the Will and Pleasure of the Person to whom the former Oath was made, but upon the ground on which it was made, and from which it had its force to oblige; and if those cease, the obligation of the Oath ceases together with them: And whether they do or not, no particular Person is so fit to judge, as the Three E­states of the Realm, as I shall now prove from several remarkable Instances to this purpose in our Histories and Parliament Records; whereby I shall make it ap­pear, that when a Dispute hath hapned about the Right of Succession, and to whom the Oaths of Allegiance were to be made, they have looked on it as their proper Right to limit the Succession, and determine the Oaths.

The Author's Words, and Ap­plication continued ibid. p. 13.

V;nder the British Government, we find a considerable Instance to our pur­pose, Vortigern,
A.G. 454. Magnates Brit. Re­gem Vorti­gernum pe­nitus dese­rentes, una­nimiter fili­um suum in Regem sub­limaverunt Mat. West. p. 83.
the British King had en­ter'd into a Secret League to bring over the Saxons: upon which the Great Men of the Nation deserted him, and chose Vortimer in his room (he was his eldest Son.) Here it is plain, they thought the introducing a Foreign Power, a sufficient discharge of their Obligation to him, it being so directly contrary to the publick Good of the Nation, although Vortigern gave them no Discharge.

In the Desertion of Vortigern and ad­vancing his Son Vortimer, he cites Mat. West. Anno Domini 454. But in the whole Story there is not one Syllable of a Se­cret League in Mat. West. in that, or in any other following Year. What he cites in the Margin is in Mat. West.

HISTORY.

To prevent the Easiness, Supinity, Lux­ury and Effeminacy of all People; the Ignorance, Avarice, Debauchery, and Simony of the Clergy; and an universal lapse of the Nobility and People into notorious Extravagancies and Impieties; and to re­pel the Violences, and hinder the In­cursions and Invasions of the Picts and Scots; Vortigern held a Counsel of his [Page 5] Great Men and Nobles, being excited thereto by the Noise and Clamours of the People; wherein, by General consent, it was agreed to call the Saxons out of Germany to their aid. Who no sooner received the Invitations from the Bri­tains by special Messengers, but easily granted, what they themselves had a ThousandGildas. pag. 46, 47, 48, 49. times wished for. Vortigern excited by the noysiness of his People about the Publick State, asked the Ad­vice of his Great Men; and it pleased them all to call the English, and Saxons out of Germany, Mighty in Arms, Va­gabonds, without Habitations, with pro­spect of a double Profit, that they might easily conquer their Enemies; and that hitherto, being void of Habitations, they might esteem it a vast benefit to inhabit a nasty Soil, or Poor Country: But they were not to attempt any thing against the Britains, because the me­mory of the Advantage they received by coming thither, would soften, and reduce their natural Ferity or Barbarity. The Advice was allowed, and there were sent into Germany Envoys, very considerable Men, and such as worthily represented the Nation. The Germans hearing what they had a Thousand times wished forMalms. fol. 3. b. n. 10.20., &c. they enter'd at first with great JoyIbid. n. 40. 50. and Favour of the People: but finding they cheated them, and came for their Estates, when it was too late they would haveIbid. f. 4. a. n. 20. ex­pell'd them. They leagued with the Scots, whom they were sent for to expel, pretending they were not sufficiently rewarded, and provided for, &c. and with their Assistance wasted, burnt, and spoiled all Cities and Countries from the East to the West SeaGild c. 24. p. 55, 56..

Part of the Story cited by this Au­thor, tho he mentions only Mat West. is from Geofry ofFol. 48. b. Monmouth, the most Fabulous Historian (if he be worthy to be called so) extant amongst the English; and therefore, it may be supposed, this Tale is brought in by a side Wind, and father'd upon Mat. West.

Lues acerrima, & acrior mox hostium novorum, i. e. Anglorum est sequuta, Flor. Wi­gorn. f. 541. Ann. Dom. 446. Quos Britanni unanimi consilio cum Rege suo Vor­tigerio, quasi Defensores Patriae, ad se invi­tandos eligerunt, sed statim Impugnatores & Expugnatores senserunt. A more sharp, than the sharpest of Plagues followed, which was of the new Enemies, the English, whom the Britains, by Unanimous Counsel and Advice with their King Vorti­gern, had chosen to be invited to them, as Defenders of the Country, but they presently proved Assaulters of it, and Con­querors. The Saxon Chronology speaks to the same purpose.Anno. 446, 447 And the late Dean of St. Paul's agrees with, and approves of these Relations of the Britains joyn­ing with their King Vortigern, in cal­ling in the Saxons, in his learned Book of the Antiquities of the British Churches. Pag. 304. 317, 318

The Author's Words, ibid. p. 13.

‘In the Saxon times Sigebert King of the West Saxons (in the time of the Heptarchy) was complain'd of for mis­government, and for changing their Laws for his own ends: but when he per­sisted in his way, there was a Conven­tion of the Nobility and People (conve­nerunt Nobiles regni cum populo uni­verso, saith Mat. West.) and they de­clared themselves free from Allegiance to him, and chose Kineulfus in his roomCum au­tem modi [...] omnibus male tra­ctaret eos legesque a tecessorum suorum propter co [...] modum suum vel d [...] pravaret, vel muta­ret. Mat. West. A. [...] 756. He Hunt. l. [...] p. 196..’ The following words here omitted in both Authors are, Kineulfus. Juvenis egregius de Regiâ stirpe oriundus, electus est in Regem.

HISTORY.

Both Hen. of Hunt, and from him Mat. West. have this Story. But 'tis o­therwise reported, and by Florence of Worcester Fol. 57 An. Dom 755.. Kineulfus de Prosapiâ Regis Cerdicii oriundus; auxilium sibi ferentibus West-Saxonicis Primatibus, Regem illorum Sigebertum ob multitudinem suorum facto­rum iniquorum regno exterminavit, & loco ejus regnavit. Kineulphus of the Stock of Cerdic, (who was the first Saxon King) [Page 6] by the assistance of the West Saxon No­blemen, for the multitude of his wicked Actions (that was Kineulf's pretence, and without doubt a Common Good tacked to it) expell'd Sigebert the Kingdom (ex­cept out of Hampshire) and he reigned in his stead. Almost the same relation is in the Saxon Annals. Kineulfus, West-Saxonum primatibus adjutus Sigeberti reg­num pro malefactis suis totum quidem, ex­ceptâ Hamtonensium provinia, occupavit. Kineulf, by the help of the West Saxon Nobility, usurped or possest himself of Sigebert's whole Kingdom for his mis­deeds, except Hampshire Saxon. Chron. A. D. 755.. Whence Kineulf is also derived from Cerdic, the Founder of the West Saxon Kingdom. This was in the time of the Heptarchy, when the petty Kings, Earls, and Pre­tenders to his Government, took all Opportunities and Pretences to destroy and overturn one another. And it was the Action and Contrivance of Kineulf, assisted by the rebellious and mutinous Subjects of Sigebert, that thrust him out of his Kingdom. Malmsbury hath it thus, Arripuit regnum Sigebertus, vir apud suos saevitiâ immanis, idemque foris ignavia perin­famis; quocirca omnium odio conspirante, post annum Solio deturbatus, meliori lo­cum fecit. l. 1. fol. 7. [...]. n. 20.30. Suscepit regni gubernacula Kienulphus, clarus & ille quidem morum compositione, militiaeque gestis. Sigebert in­vaded, or seized the Throne, a man ve­ry cruel at home, and abroad very in­famous for Sloth and Cowardise: where­fore he was hated of all Men, and after one Year being dethroned, made way for a better. Kineulf, famous for his good Temper and Military Actions, un­dertook the Government. In these three most Authentick and Ancient Histories there is nothing of a Convention of the Nobles and People, or an Election of Ki­neulf, but they affirm, that both he and Sigebert, whom he dethroned, invaded the Government by Force or Fraud, and entered upon it by indirect means; and by such it was to be kept; and for that reason the People hated Sige­bert.

The Author's Words, p. 14.

In the Kingdom of Mercia, Beornredus for not governing by the Laws, was by a Convention of the Nobility and People set aside from the Government, and Offa chosen King, who was of the Royal Stem, but not the next Heir: and so William of Malmsb. observes, in the West Saxon Kingdom after Ina, That no Lineal Succession was then observed, but still some of the Royal Line sat in the Throne; and of Ina him­self, that he was rather put into the Throne for his Virtue, than by his Right of Succession. This Paragraph he makes good by the three parcels of History there notedA. D. 758. Gensde reg­no Mercio­rum, contra Regem su­um Beornredum insurgens, pro eo quod populum non aequis legibus, sed per tyrannidem gubernaret, convenerant in unum omnes, tam Nobiles, quam ignobiles, & Offâ Duce ipsum a regno expulerunt. Mat. West. Nam & ipse Brithricus & caeteri infra Inam reges, licet Natalium splendore gloriantes (quippe qui de Cer­dicio originem traherent) non parum tamen a linea re­giae Stirpis exorbitaverant Will. Malms. degest. Reg. Ang. l. 1. c. 2. Regnum per Inam novatum qui Cinegissi ex fratre Cuthhalbo pronepos magis pro insitivae virtutis industriâ, quam sucessivae sobolis prosapiâ in principatum ascitur. id. ib..

What he says of Beornredus and Offa is to be found in Mat. West. but nothing to that purpose in the Saxon Chronology. All that is there to be found of them as to this particular is in Anno Domini 755. toward the latter end of the Year. Eodem anno Aethelbaldus Rex Merciorum Secan-dunae occissus est; Bearnredus autem regnum capessit, & aliquantisper tenuit. Eodemque anno Rex-Offa regnum suscepit, annosque triginta & novem tenuit. In the Year 755. Ethelbald King of the Mercians was killed at Secandune, and Beornredus possessed the Kingdom, and held it a small time. And the same Year King Offa took the Kingdom, and held it 39. Years. Nor in Florence of Wor­cester, he only says, Rex Merciorum Ae­thelbaldus [Page 7] in Segeswald occiditur; cujus regnum Beoruredus tyrannus invasit, & per modicum tempus in parvà letitiâ tenens regnum cum vitâ perdidit; quô mortuô successit in regnum Nepos patruelis Aethel­baldi Regis Merciorum Offa. A. D. 755. f. 574. Ethelbald King of the Mercians was killed in Segeswald (i. e. Secandunt) whose King­dom Beornred the Tyrant invaded, and holding it a little while with small joy, lost both the Kingdom and his own Life; and Offa the Brothers Son of Ae­thelbald King of the Mercians succeeded him.

Malmsbury, speaking of Aethelbald, says, Hic altâ pace, & multo tempore, id est Quadraginta uno Annis rerum perfunctus, & novissimè a Subjectis occisus, fortunae ro­tam volvit, author ejus necis Bernredus nil memorabile dedit, nisi, quod mox ab Offâ necatus, dignum finem Insidiarum tulit. fol. 14. b. n. 30. Aethelbald managed his Affairs in a full Peace One and forty Years, but at last the Wheel of Fortune turned, and he was killed by his Subjects; the Author of his Death, Bernred, left no­thing memorable behind him, unless his being killed by Offa, and thereby receiving a worthy Reward of his Trea­chery.

In these Historians here is nothing of a Convention, that either set aside Beornred, and chose Offa for their King; but only that Beornred was a Tyrant and Traytor, who with his Accomplices murder'd his peaceful Soveraign Aethelbald, who in great quiet had govern'd his Kingdom one and forty years, which he invaded and set up himself, and that Offa re­venged his Uncle Aethelbald's Murder, killed Bernred, and succeeded in the Go­ve [...]nment; and doubtless by the means of the power and force with which he subdued Bernred.

The other two parcels of History are not fairly cited, or duly placed and laid together; for the Author hath placed that last, which is first mentioned in the Historian; and by these he would prove, That in the West-Saxon Kingdom after Ina no lineal Succession was then obser­ved; and of Ina himself, that he was rather put into the Throne for his Vir­tue, than by right of Succession.

HISTORY.

The words of the Historian areMalms. degest. Reg. l. 1. c. 2. f. 7. a. lin. 6.; Eo Roman eunte Regnum per Inam novatum, (and so on, as cited by the Author) he go­ing to Rome (that is, King Ceadwalla, con­cerning whom the preceding Discourse had been) Ina seized upon the King­dom, or changed the Succession, who was the Grandchild of Cuthbald, Bro­ther of Kinegils, and was called to the government more for his real Virtue, than by successive Birthright.

The Saxon ChronologyA. D. 689. thus expres­seth his coming to the Government; Ine Feng to West-Seaxna Rice, &c. Ina West-Saxonum regnum capescit, Eodem anno Cad­walla Romam Profectus est, Baptismumque à Papa suscepit, Quem Papa Petrum cogno­minavit, atque circiter Septimanam unam postea defunctus est. Ina took upon him the Government of the West-Saxon King­dom, &c. Flor. of Worcester thus:A. D. 688. Abe­unte Ceadwalla Romam, suscepit Imperium Ina de stirpe Regia; cujus pater Kenre­dus, cujus pater Ceolwaldus, cujus pater Cutha, cujus pater Cuthwinus, cujus pater Ceanlinus. Ceadwall going to Rome, Ina undertook, or put himself upon the Go­vernment, whose Father was Kenred, whose Father was Ceoldwald, whose Fa­ther was Cutha, (or according to Malmsb. Cuth-bald) whose Father was Cuthwin, whose Father was Ceanlin. In these Histories there is nothing how he ascend­ed the Throne, whether he was called to it, or otherwise placed himself upon it; or received it, as recommended to it by his Predecessour Ceadwald, as he himself when he went to Rome recom­mended his Successour Aethelhard. Re­licto Imperio ac Flor. Wig. A. D. 728. f. 572. Aethelhardo de prosapiâ Cerdici Regis oriundo, commendato Rex Ina ad limina beatorum Apostolorum profectus est. Ina left his Government, and having recommended Aethelhard, went to Rome. The Saxon Chronology only says, [Page 8] A.D. 728. Ina Romam abiit, ibique Spiritum effla­vit; & Aethelhardus West-Saxonum regnum capessit, tenuitque annos quatuordecim. f. 7. b. n. 20. Malmsbury's words are; Successit Prin­cipatui Aedelardus Inae consanguineus, per quatuordecim annos quietissimè regnum re­tentum Cuthredo cognato reliquit. Aethel­hard the Kinsman of Ina succeeded in the Government, enjoyed it quietly four­teen years, and left it to his Kinsman Cuthred, who held it about the like time. In the Saxon A.D. 741. Chronology and Flor. of Worcester, 'tis, Cuthred took upon him the Government, or succeeded in the Kingdom.

The two next Rulers after Cuthred, were Sigebert and Kineulf, of whom be­fore.

Brithric succeeded Kineulf, but how, and when, none of these three Historians tell us. In his Story we meet with the Au­thor's last parcel of History, but very partially cited. They all report, that he married the Daughter of Offa King of Mercia, at that time most potent,Malms. l. 1. c. 2. f. 8. a. n. 10. cujus affinitate fultus, Egbertum solum Regalis Prosapiae Superstitem, quem validissimum suis Ʋtilitatibus metuebat, Obicem Franciam fugandum curavit: nam & ipse Brithricus, & caeteri infra Inam Reges, licet Natalium splendore gloriantes (quippe qui de Cerdicio originem traherent) non parum tamen alie­nâ regiae stirpis exorbitaverant: illo igitur expulso securo resolvi coeperat otio, &c. Sup­ported by the Affinity of Offa, he caused Egbert, the only Survivor of the Royal Race, to fly into France, fearing he would be a great check to his Affairs: for Brith­ric himself, and the other Kings since Ina, altho they might glory in the splen­dor of their Births (as deriving their Origin from Cerdic) yet they were not a little out of the way from the line of the Royal Progeny: When Egbert was expelled the Kingdom, he began to live securely, &c.

From this Observation of Malmsbury's, as the Author calls it (if it be one) the lineal Succession before Ina (which might be here set forth, if needful) is as much proved as no lineal Succession after him; and notwithstanding the se­veral Usurpations that had been between the Reign of Ceadwally, or Ina, and Eg­bert, who was much feared by Brithric, as being the only Survivor, and of right Successor of the Royal Line, and there­fore banished into France; the lineal Suc­cession in the West-Saxon Kingdom, was in time revived and continued in the Sax­on Monarchy which he founded, as will appear in the further Enquiry into (the Author's) other Saxon Instances. This if it had been fairly cited, could not have been useful to him; but he took what served his turn, and left out the rest.

The Words of the Author, p. 14.

Aethelulphus, King of the West-Saxons, went to Rome, Matt. West. A. D. 854. 867. and there crowned Alfred his youngest Son King; and married the King of France's Daughter, in his return, and made her Queen against the Laws; for which reason he was excluded his Kingdom, his eldest Son and Alston Bishop of Shire­burn, being at the top of this Act of Ex­clusion; and he came back only upon the terms of receiving his Son into a Share of the Kingdom; which shews that they looked on the Laws as the measure of Allegiance: and where those were openly broken, that it was in their power to transfer it.

HISTORY.

Rex Occidentalium Saxonum Aethelul­phus cum honore maximo Romam profectus, &c. Aethelulphus King of the West Saxons went with great honour to Rome, carrying with him his younger Son Alfred, whom he loved beyond all his other Sons, that he might be instructed by Pope Leo in Manners and Religion, where he stay'd a year with his Son, and caused him to be crowned King by the Pope; and af­ter few days returning to his Country, he brought with him Judith, Daugh­ter to Charles King of France, whom he had married. But in the mean time, while the King was beyond Sea, there was a Conspiracy of certain great Men [Page 9] formed against him; the chief of the Conspiracy were Aethelbald his eldest Son, and Alston Bishop of Shireburn, and Landulph Earl of Somersetshire, who had resolved, that upon his return he should never be received to the Government; for which they had two causes; One, for that he had caused his younger Son Al­fred to be crowned at Rome, and post­pon'd and excluded his other Sons; the second was, That he had despised all English Women, and married a Stranger. Moreover, the Conspirators had heard, that contrary to the Custom and Statutes of the West-Saxon Kings, he called the King of France's Daughter, whom he had lately married, Queen; and cau­sed her to sit by him at the Table, and eat with him; which the West Saxon Nation did not permit, nor that she should be called Queen, but the King's Wife. Haec autem infamia ab Eadburga Offae Regis filiâ, ejusdem generis reginâ, exorta est: Quae Virum suum Brithricum [...]eneno perdidit, &c. The occasion of which non permission arose from Eadburg the Daughter of Offa, a Queen of the same sort, who destroyed her Husband with Poyson, and sitting by the King, was wont to accuse all the Noblemen of the Kingdom; and those she could not accuse, she killed by Poyson. There­fore for the lewdness of the Queen, all conspired that they would never permit a King to reign over them, Qui in praedictis culpabilis inveniretur, who should be found culpable in what hath been said. Revertente tandem a Roma Aethelulfo Rege Pacifico, praedictus filius e­jus Aethelbaldus, conceptam nequitiam ad effectum producere attentavit; sed Deus omnipotens id fieri non permisit, &c. When the peaceable King Aethelulph return'd from Rome, his Son Aethelbald attempted to effect his wicked Contrivance; but God would not permit it: for to prevent a more than Civil War between Father and Son, by the ineffable Clemency of the King, the Confederacy of all the No­bles and Bishops was broken, he dividing the Kingdom of the West Saxons between himself and Son, which before was un­divided, so as his Son possessed the East part, and the Father the West part; Et cum tota regni Nobilitas pro Rege decertare, & filium a Jure regni depellere vellent, si Pater id fieri permisisset, ipse mentis no­bilitate ab avaritiae sese vitio excludens, filii sui concupiscentiae satisfecit sicque ubi Pater justo Dei Iudicio regnare debuerat, illic filius pertinax & in­iquus regnavit; and when as the whole Nobility of the Kingdom would have fought for the King, and forced his Son from the right of the Kingdom, if his Father would have permitted it to be done; but he being free from all Cove­tousness, satisfied the unruly Appetite of his Son; and so where the Father ought to have reigned by the just Sentence of God, the obstinate and wicked Son reign­ed. This Story Mat. Westm. had from Flor. of Worcester A. D. 675., tho it is not in the last altogether so formal.f. 21. b. n. 50. l. 22. a. n. 10. 20. Malmsbury likewise hath it, tho not intirely. But the Saxon Chronology hath nothing of it, nay rather it hath something contra­ry to it.A. D. 854. Eodem anno Aethelwulfus rex magno cum honore Romam perrexit, ibique per Menses Duodecim moratus est, cui mox domum redeunti Carolus Francorum Rex filiam suam in Reginam dedit; hinc posteà ad populum suum reversus est, qui mirificè laetabatur: sed post biennium, ex quo a Francis redierat, defunctus est, corpus au­tem Wintoniae sepultum jacet. In the Year 854. Aethelwulph went in great Pomp to Rome, where he staid Twelve Months. To whom, as he returned home, Charles King of France gave him his Daughter for his Queen: Afterwards, when he returned to his People they rejoyced wonderfully; within Two Years after he died, and his Body lies buried at Winchester. Not one Word here, or any where else in this Chronology, of this improbable and Romantick Story. But be it true, as it is told in Mat. Westminster, was it against their Laws (i. e. the West Saxon Laws) for Aethelwulph to marry the King of France his Daughter, and make her his Queen? Where is this Law? It is [Page 10] not amongst Ina's Laws. But the Law was made in Brithric's time, by reason of the wickedness of his Queen Eadburgh. If she was as wicked as the Story makes her, was the Anger and Humour of the People against her, sufficient to make a Law, That for the time coming no West Saxon King should permit his Wife to sit and eat with him, or be called Queen? Why was she not put to death for her transcendent Wickedness, if true? Why was she permitted to go into France, with innumerable Treasure after her Husband's death? If there was such a Law made then, 'twas in the time of the Heptarchy. Can any Man think that Egbert the first Saxon Monarch did not suffer his Wife to sit and eat with him, and to be called Queen? And that our Aethelwulph, who had Four Sons by a former Wife, did not per­mit her to sit and eat with him, and to be called Queen? There was a Conspi­racy and wicked Design of Aethelbald to dethrone his Father, carried on by Al­ston Bishop of Shireburn, and the Earl of Somersetshire, &c. the pretence was, for that he had caused his youngest Son Alfred to be crowned at Rome. What Laws had Aethelwulph broken in this, except the Laws of Birth-right, Lineal Descent, and Proximity of Blood? Upon which the Succession of the Monarchy was fixed, if Alstan, Ethelbald, or the Earl of Somersetshire understood any thing of it. Nor could there be any Exclusi­on of Aethelwulph, when the whole Nobility offered to fight for, and de­fend him; nor could there be any Terms of receiving his Son into a share of the Kingdom, when out of ineffa­ble Clemency he himself divided it, to avoid a Civil War, and would not suf­fer the Nobility to force his Son from the Right of the Kingdom. What right was this? Was it not from Proximity of Blood, and Lineal Succession, he being his eldest Son?

The Author's Words, p. 15.

If our Allegiance cannot be transferred by the States of the Realm; it must be be­cause, (as some think) by the Fundamen­tal Constitution of this Kingdom, we are bound in Allegiance to the next Right Heir in a Lineal Succcession. But I find no such thing in the Saxon times; for altho they generally kept to the Royal Line, yet not so, but that when it appeared to be much more for the Publick Good, they did not stick upon the Point of Proximity.

What may be opposed to the Words and Assertion of the Author.

Those, who in these cases our Au­thor, and all others that have written upon this, or the like Subject, do call the States of the Realm, and what is due to the Heir in a Lineal Succession by the Laws of our Land, and consequent­ly by the Constitution of the Kingdom, shall be consider'd afterwards. Concern­ing the Saxon Succession, what hath been already said might be sufficient; but up­on further occasion given in his Instances, there will be more said of it. The Pub­lick Good, which the Author here, and in many other places, seems to rely mainly upon to support what he asserts, is chiefly to be enquired after.

Publick or Common Good is a common Notion, and signifies nothing unless it be stated, and explain'd; the true import of the Words are, That every Individual of the common Body, according to the capacity of the Person, should and ought to be made a partaker of the be­nefit and advantage that ought to ac­crue to the whole; for if it be such a Good, (or rather such an Evil) as is only for the benefit of a Party, and in respect of the whole, of the least, or a small number; 'tis impossible it should be a Publick Good, but a most horrid cheat put upon the People under that pretence, to gull them into Slavery, and [Page 11] to make them the Authors of their own, and the Publick Ruin of the Nation. All designing Men of whatsoever Perswasi­on, though if called together, cannot say what they would have; yet in all Ages have pretended to procure the Publick Good of the People. Every Par­ty, (though in the beginning never so in­considerable) that intends to advance it self, declares for it until it gets Power to manage, and appropriate to themselves what they call so; and then it appears the Interest, Gain, and Advancement of the Party were the End; and the pre­tence of Common Good, but the Means to that End. And this pretence, and false light, hath at all times so Lowbell'd the blind and ignorant World, that Men fly into the Net, though they see all the Laws broken that maintain the Publick Good, and the very Foundations of it eradicated; all the goodly Pretences and fair Promises relinquisht, and utter deso­lation coming upon them: And there­fore where it is manifest the Publick Laws are, or cannot but be broken, con­temn'd, and vilified by any Party, 'tis Private and Party-Good they only intend­ed; and to accomplish their ends, and secure themselves, must proceed against all the Measures and Rules of Publick Good, by fraud, force, and violence, ac­companied with stupendious Devastati­on. For nothing can be a Publick Good to any Nation, where the exercise and practice of it is not warranted by the Law, Custom and Constitution of that Nation. So that the Authors Argument, upon the account of Common Good, signi­fies little, unless he can prove the Saxons waved Proximity of Blood; and that they did it according to the Law and Constitution of the Kingdom.

The Author's words, p. 15.

Pag. 101. Brompton p. 862. l. 1. c. 3. p. 14. I shall not meddle with the Kingdom of the Northumbers, which alone was Origi­nally Elective, as appears by Mat. Westm. and wherein there happened so great Dis­orders and Confusions, that at last William of Malmsb. saith, none could be perswaded to accept of the Kingdom.

HISTORY.

Regnum Northanhumbrorum exordium sumpsit. M. Westm. A. D. 548. f. 101. n. 20. Cùm enim Proceres Anglorum magnis laboribus & continuis Patriam illam subjugâssent, Idam juvenem Nobilissimum Regem sibi unanimiter praefecerunt. In the year 548 the Kingdom of the Northum­bers first began. The chief Men, or Leaders of the English, having con­quer'd that Country, unanimously set up Ida, a most noble young Man, for their King. What if the English in the begin­ning of the Kingdom of the Northum­bers did set up Ida (in all probability at that time the great Leader of them) to be their King? Doth it therefore fol­low that Kingdom was Elective, or that they chose their King afterward?A. D. 547 The Saxon Chronology says only, Ida caepit regnare, Ʋnde Northanhymbrensium Genus Regale ortum est. In the year 547. Ida began to Reign, from whom arose the Royal Race of the Northumbers. Eod Anno. Flo­rence of Worcester says, In provincia Berni­ciorum Ida regnum suscepit, & 12 annis reg­navit; hic ex Reginis sex filios habuit, & sex habuit ex Pellicibus. Ex Quibus Re­galis Northanhymbrorum prosapia propagata est. In the Province of Bernicia (part of the Kingdom of Northumberland) Ida took the Kingdom. He had six Sons by his Queens, and as many by his Harlots; from whom the Royal Stock was propa­gated. Malmsbury says, Ida Reigned the first in the Kingdom of Northumberland, Fol. 8. [...] n. 40. but whether he made himself King, ve­rum atrum ipse per se Principatum invase­rit, or took it by the consent of others, he could not define, parum definio quid Veritas in abdito est. In Brompton, whom he cites in the Margent, there is nothing to be found of an Election, but only that the Northumbers tumultuously set up some Kings, and Murther'd and De­throned others; which was a common Practice in most Kingdoms during the Saxon Heptarchy; and the same Reason [Page 12] the Author gives, that he would not med­dle with this Kingdom, might have been given for the passing by all the other, ex­cept the Kingdom of the West Saxons.

The Author's words, p. 15.

But if by the Fundamental Constitution, Allegiance were indispensably due to the next Rightful Heir in this Monarchy, how came Aethelsian to be Crowned magno consensu Optimatum, says Malmsbury, when he was not the rightful Heir?

HISTORY.

[...]lor. Wi­ [...]rn. A D. 24. f. [...]2. Invictissimus rex Edwardus senior ex hâc vitâ transiens Aethelstano filio regni gubernacula reliquit; nec multo post filius ejus Aelfwardus (alias Edwardus) apud Oxenfordam decessit, & sepultus est ubi & pater illius. Aethelstanus vero in Kin­gestune, i. e. in Regiâ Villâ, in regem e­levatur, & honorificie ab Athelmo, Dorober­nensi Archiepiscopo, consecratur. The in­vincible King Edward the Elder, pas­sing out of this World, left the Go­vernment of his Kingdom to his Son Aethelstan; and not long after him, his Son Aelward (or Edward) died at Ox­ford, and was buried where his Father was; but, or then, Aethelstan was saluted King, and was honourably Consecrated or Anointed and Crowned by Athelm Arch-Bishop of Canterbury at Kingston. Anno Dominicae Incarnationis 924. [...]lms. f. [...]. n. 10. Aethel­stanus filius Edwardi regnare coepit, frater ejus Ethelwardus (alias Edwardus) pau­cis diebus post patrem vita decedens, sepul­turam cum eodem Wintoniae meruerat. This is what Florence of Worcester says, and needs no Translation. [...]dem. Itaque magno consensu optimatum Electus, apud Regiam villam, Quae vocatur Kingston Coronatus. Therefore being Elected, or Recogni­zed by full consent of the Great Men, he was Crowned at Kingston; and in an­other Place, [...]. f. 27. [...]. 30. Westm. 84. n. Post mortem Patris, & In­teritum Fratris, in Regem apud Kingston coronatus est. Anno. Gratiae 924. Rex An­glorum Edwardus cognomento senior diem clausit extremum, Aethelstanus quoque filius ejus primogenitus, apud Kingstonam rex cre­atus, ab Athelmo Dorobernensi Archiepiscopo consecratur. Here Mat. Westm. says, Ae­thelstan was King Edward's Eldest Son, which was true after his Brother was dead. If the Author had taken notice of these Historians, especially of Malms­bury, whom he cites, he would have known how Aethelstan came to be right­ful Heir.

The Authors words, p. 15.

Some say (from an old Monk in Malms­bury) that his Father left him his Crown by his Testament; (which doth not clear the difficulty, as to the inviolable right of Suc­cession by the Constitution) But this cannot be true, for his Elder Brother Ed­ward died after his Father, and none pre­tend that his Father disinherited him.

History and Inquiry into these Words.

A pretty Story. This old Monk in Malmsbury, was William of Malmsbury himself (whom he cited but two Lines before) Jussu Patris in Testamento Aethel­stanus in Regem acclamatus est. This the Historian says of himself, without vouch­ing any old Monk for it. By the com­mand of his Father in his Testament, Aethelstan was Proclaimed or Saluted King. Which clears the difficulty about Election, and the States having power to dispose of the Crown. As to the truth of it, no body can doubt, that observes what is said before of his Elder Brother Edward.

The Author's Words, p. 15.

And if Athelstan was Lawful Heir, M. Westm. A. D. 934. A. D. 939. what made him to dispatch his Brother Edwin out of the way, and to build two Monastries for expiation of that Guilt?

HISTORY.

Florence of Worcester hath nothing of this Idle Story; and Malmsbury, from whom Matt. Westminster transcribed the very words of it (and added something of his own) did not believe it, and tells it as a Fable; but before he begins it, he Apologizes for telling it; and after he had reported the Design, and Con­spiracy of Alfred against King Athelstan, who would have made him a Bastard, and so kept him from the Throne, saith thus, Et haec quidem fide integra de rege conscrip­si: Malmg. f. 29 a. n. 10, l. 2. c. 6. sequentia magis Cantilenis per Succes­siones temporum detritis, quam libri ad Institutiones posterorum elucubratis didicerim. Quae ideo apposui, non ut earum veritatem defendam, sed ne Lectorum scientiam de­fraudem, ac primum de Nativitate dicendum. And these things I have written concern­ing the King, may intirely be believed. Those which follow, I rather learnt from old Songs and Tales, then Books writ­ten for the Information of Posterity, which I have inserted here,Ibid. n. 20, 30, 40. not that I shall defend the truth of them, but that I may not keep from the Readers what is to be known; and then proceeds to tell a Romantick Prodigy of a Shepherds Beautiful Daughter, out of whose Womb a Moon shone, that irradiated all Eng­land, &c. With this Virgin Edward the Elder stole a leap, by the assistance of his sometime Nurse, and upon the first Enjoyment of her, begat Aethelstan, &c. And goes on to tell, Edwin his Brother was accused by some to have been in the Conspiracy with Alfred, and for that Rea­son, out of Jealously, he was by order of Aethelstan put into a small Pinnace, without either Tackle, or Oars, accom­panied only with one Page, with grief whereof he leaped into the Sea and drowned himself. After this he imme­diately subjoyns; Haec de fratris nece, etsi verisimilia videantur, eò minùs corrobero, quod mirabilem suae pietatis diligentiam in reliquos fratres intenderet. Quos cum pater pueros admodum reliquisset, ille parvos magnâ dulcedine fovit, & adultos regni consortes fecit. Although these things con­cerning the death of his Brother may seem probable, yet I esteem them less firm, by reason of the admirable Piety he shew'd towards his other Brothers; whom he cherisht with great kindness, when his Father left them very Children; and when they were grown up, made them sharers in the Government. Not one word in Malmsbury of Athelstan's building two Monasteries, to expiate the Guilt of Edwin's murder. This was Westminster's own.

The Author's Words, p. 15.

How came Alfred to oppose his Election, as being Illegitimate, as Malmsbury confesses?

HISTORY.

He also confesses, That Alfred and his Complices were factious People, who re­ported he was born of a Concubine,Malmsb. l. 2 [...] 2 [...] 10. to obviate his being Crowned; and that Sedition ne­ver wants Abettors. Aethelstanus apua Re­gia villa quae vocatur Kingston coronatus, quamvis Quidam Alfredus cum factiosis suis, (quia seditio semper invenit complices) obviare tentâsset: occasio contradictionis, ut ferunt. quod Aethelstanus ex Concubinâ na­tus esset; and in another place, King Edward and his Son Elward, [...]. or Ed­ward, being dead, Tunc omnium spebus in Ethelstanum erectis; solus Alfredus magnae insolentiae homo cum suis clam restitit quoad potuit, dedignatus subdi Domino, quem suo non delegisset arbitrio. Then all Mens hopes were placed upon Ethelstan, only Alfred a Man of great insolence, and his Party opposed him, disdaining to sub­mit to a Governour, that he himself had not set up.

The Author's Words, p. 15.

But Mat. Westm. gives the Reason: The times were then difficult, and Ed­wards other Sons were too young to m [...] ­nage [Page 14] the Government, and therefore they set up Athelstan, as one fit for Business.

HISTORY.

Mat. Westm. transcribes many of the Words of Malmsbury in the place last ci­ted; but leaves out that Clause of Alfred's being an Insolent Man, and his making opposition to Athelstan; and adds this of his own,A. D. 934. f 186. n. 20. Spreto Edwino, nondum ad regnandum propter teneros annos idoneo, Ae­thelstanum in Kingstonâ consecravêrunt. From the partial Construction and Ex­plication of these last Words above what they will bear, the Author hath set up a particular Sense of his own, against the Sense and Report of all other Histo­rians; nay, against the Report of M. Westm. himself,A. D. 924. who says, Aethelstan was made King, and Crowned as Edward's eldest Son.

After the Death of Aethelstan, his own Author says,M. Westm. A. D. 940. f. 187. lin. 5. Successit ei in regnum frater ejus, & haeres legitimus Eadmundus. His Brother, and lawful Heir, Edmaend suc­ceeded him.

The Author's Words, p. 16.

How came Edred to succeed Edmund, and not his own Sons Edwin, and Edgar? Mat. Westminster and Brompton give the same Reason,M. Westm. A. 946. Brompt. p. 862. Flor. Wig. A. 949. They were uncapable by rea­son of their Age: Repugnance illegitimâ aetate patri succedere non valebant. Flo­rence of Worcester saith, The Northum­bers sware Allegiance to Edred; and he saith, He was next Heir; and yet there were two Sons of Edmond before him; for he confesses, that they were the Sons of Ed­mond and Algiva his Queen.

HISTORY.

M. Westm. f. 188. n. 30. Defuncto Edmundo & apud Glastoniam sepulto, Eadredus frater ejus, in Kingstona regiâ villâ, regni diadema à B. Othone Ar­chiep. Cantuariensi suscepit. Reliquit quoque duos filios, haeredes legitimos, Eadwinum & Eadgarum, qui repugnante illegitima aetate, patri succedere non valebant. Edmund be­ing dead, his Brother Edred was Crown­ed by Otho Archbishop of Canterbury. He left also two Sons his lawful Heirs, Edwin and Edgar; who by reason of their Non-age, could not succeed their Father.

Mortuo Edmundo rege, Brompton, col. 862. n. 20. Edredus frater suus, filiusque Regis Adelstani, eo quod pueri Edwinus & Edgarus filii Edmundi, pra immaturâ aetate adhuc regnare non poterant, sibi in Regem successit, & ab Odone Doro­bernensi Archiep. consecratus est, A. D. 947. Edmund being dead Edred his Brother, and the Son of King Athelstan, succeeded him as King, for that the Children Edwin and Edgar, the Sons of Edmund, by reason of their tender Age, could not as yet reign.

Magnificus rex Anglorum Edmundus die festivitatis Sancti Augustini, &c. interficitur; Flor. Wig. f. 604. A. D. 946. mox proximus haeres Edredus fratri succe­dens, regnum naturale suscepit, a Sancto Odone, &c. The Magnificent King Edmund was killed on the Festival of St. Austin; presently the next Heir Edred, succeed­ing his Brother, took upon him the Go­vernment according to Nature, or ac­cording to Natural Duty and Affection.

If the Author had fairly and truly ci­ted these Three Pieces of History, it had not been impossible to have found out that Edred was but only Tutor, Curator, Regent, or Protector of the young Prin­ces, and Kingdom; and so took upon him the Government, until they were of sufficient Age. Westminster says, Edwin and Edgar were the lawful Heirs of Ed­mund, (which Words the Author left out) but could not succeed him by reason of their Nonage, or that they were not of lawful Age. Brompton says, Edred succeeded his Brother, for that his Sons Edwin and Ed­gar, by reason of their immature Age could not yet reign. As much as to say, Tho in respect of their Age they could not at present, yet afterwards in their riper Years they were to reign; and so they did successively. Lastly, Florence of Wor­cester says, Edred was next Heir. What Heir could he be to his Brother, but Epi­stolary or Testamentary Heir, or Succes­sor? (For in that sense Hares is com­monly [Page 15] used.) And so 'twas most proba­ble, by some Instrument or other he made him Tutor, Curator, Regent, or Protector of his Sons and Kingdom; or that by Consent of the Great Men, he took upon him the Tutorship, and Re­gency. For what other Meaning can those Words have, regnum naturale susce­pit, than that according to natural Duty and Affection he took upon him the Go­vernment, and Protection of his Nephews, and their Kingdom? But how then came it to pass, that he was Crowned, and cal­led King? 'Tis not hard to answer this Question: For anciently the Sons and Heirs of Emperors, Kings, Dukes, Earls, Barons, were not always called so; but Heirs only of the Empire, Kingdom, Dukedom,Du Fresn Gloss. vol. 2. in verb. Hae­redes, col. 686, 687. &c. And the Tutor, Curator, Governor, or Protector, and such as had the Care of them, and the Administra­tion of the Government, were then cal­led Emperors, Kings, Dukes, Earls, &c. of such Empires, Kingdoms, Dukedoms, &c. until the Heir came of Age; and sometimes those Curators and Guardian Kings and Emperors were anointed and crowned: But when the Heirs were of lawful Age, they quitted their Curator­ships and Regency, and parted with or laid down all Royal Marks of Majesty, retaining only the Name and Honour of King: And the Title of King, and the Ceremony of Coronation, was allowed and granted to such Regents, that they might have the greater Authority with the People. Of such Curators, Tutors, or Regents, Du Fresn gives several Exam­ples; and of Odo Duke of Aquitain, Tutor to Charles the Simple, not much before this time, and of other Kings of France, that had Crowned Tutors with the Titles of Kings.

The Author's Words, p. 16.

A. 957.After the Death of Edred, the eldest Son of Edmond succeeded; but being found under a Moral Incapacity (for in Floren­tius his words, and M. Westminster, In commisso regimine insipienter egit) he was set aside, as to all the Government be­yond Thames, and Edgar put into it.

HISTORY.

Obiit Edredus Rex die S. Clementis fe­sto, in aetatis vigore, Chron. Sax. A. D. 955 decem circiter annos regnabat, deinceps Eadwigus, Eadmundi Regis filius, regnum capessit, & Sanctum Dunstanum de terrâ fugavit.

Eadwigus rex Calendis Octobris obiit. Ibid. A. D. 957. Eadgarus autem frater ejus regnum capes­sit. Hic Sanctum Dunstanum accersit, eique Episcopatum Wigorniensem donavit, & postea Londinensem.

King Edred died in the Festival of St. Clement, in the vigor of his Age, after he had reigned about Ten years. Then Eadwy the Son of Edmund enjoy'd the Kingdom, and banish't St. Dunstan.

Eadwy died the First of October, and his Brother Edgar took the Kingdom, and recalled St. Dunstan, and gave him the Bishoprick of Worcester, and afterward that of London. This Chronology hath not one word of the Northumbers and Mercians rejecting Edwy, and chusing Edgar.

Rex Anglorum Eadwigus, Flor. Wi­gorn. eodem An. quoniam in commisso regimine insipienter egit, a Mercen­sibus & Northimbrensibus contemptus re­linquitur. & suus germanus Clito Eadgarus ab eis rex eligitur, sicque res Regum sejun­cta est, ut flumen Thamesii regnum dister­minaret amborum: mox Rex Mercensium Eadgarns heatum Dunstanum Abbatem (then Abbot of Glastenbury) cum honore & gloriâ revocavit. King Edwy, because he acted foolishly in his Government, was despised, and deserted by the Mer­cians, and Northumbrians, and his Brother Prince Edgar chosen; and the Govern­ment of the Kings was so divided, as the Thames bounded both their Kingdoms: and King Edgar presently called back St. Dunstan the Abbot with honour and glory. The Words of M. Westminster are mostly the very same, as these before-cited; the Sense differs not. After this, they both tell, how Abbot Dunstan was made, first Bishop of Worcester, then of [Page 16] London, by King Edgar. The Author at his first entrance upon the Saxon Instan­ces, p. 15. said, he would not meddle with the Kingdom of Northumbers (which in this place both the Historians he cites do expresly mention) for Reasons there gi­ven; and therefore thinking this Instance to be for his purpose, he cunningly omits to mention that Nation, as believing for his own Reasons it might undervalue the Instance; and only says, Edwy was set aside as to all the Government beyond Thames, and Edgar put into it.

But what if the Northumbrians and Mercians did reject him? 'Twas no more than the Northumbrians had done in the two preceding Reigns.Flor. Wig. A. D. 926. They made a League with Aethelstan, and confirm'd it by Oath; yet they called in Anlaf a Pa­gan King, and raised War against him: And tho' he,Ibid. A. D. 937. and Constantine King of Scots his Assistant, and the Northumbrians were baffled with great Slaughter of their Men, yet but Four years after, and in the First year of King Edmund, Ibid. A. D. 941. Northimbrenses fi­delitati, quam magnifico regi Anglorum Ed­mundo, debebant, infidelitatem praeferentes, Regem Northmannorum Anlafam sibi in re­gem eligêrunt. The Northumbrians pre­ferring Infidelity to the Fealty they ought to the Magnificent King Edmund, chose Anlaf King of Norway for their King.Ibid. A. D. 944. Three years after, Magnificus rex Anglorum Edmundus duos reges Anlafum, Regis videlicet Sithrici filium, & Reignol­dum Guthfredi filium de Northumbriâ ex­pulit, eamque suae ditioni subegit. King Ed­mund drove two Kings, Anlaf the Son of Sithric, and Reinold the Son of Gutred, out of Northumberland, and conquer'd, or reduced it under his Power.Ibid. A. D. 949. And Five years after that, Wolstanus Archiepiscopus Eboracensis, proceresque Northimhembrenses omnes, egregio regi Anglorum Edredo fideli­tatem juraverunt, sed non illam diu tenue­runt. Wulstan Archbishop of York, and all the Great Men of Northumberland, sware Fealty to the famous King Edred, but did not long keep it: Namque quen­dam Danicâ stirpe progenitum (Ircum no­mine) super se Regem levaverunt. For they set up Iric, a Dane, King over them: And the very next year King Edred threatning to destroy the whole Country,Ibid. A. D. 950. they threw down Iric, (Ircum quem sibi regem praefecerant abjecêrunt) and com­pounded with Edred for a great Sum of Money.Ibid. A. D. 957. And seven years after they re­volted from Edwin, and set up his Bro­ther Edgar: And like them were the Mercians. Would any Man fetch an In­stance from these People, to confirm and warrant what he would prove, or have thought to be a just and regular Pro­ceeding?

But what was his Crime? How did he play the Fool? Why,Malmsb. l. 11. c. 7. f. 30. a. n. 20. 30. he banisht Dunstan Chief of the Monks, turn'd the Monks out of Monasteries, and put in Secular Priests, and made bold with the Monks Revenue: By which Folly he made them his Enemies, and lost the People, so as he could not chastise the Northumbrians, as Edred had done before him; and so was forced to be content to let his Brother Edgar enjoy Mercia and Northumberland; Chron. Sax. A. D. 957. who forthwith re­called Dunstan from Exile, and restored the Monks, where he could; which made him secure against his Brother Edwy, after whose Death he possest the whole Nation.

The Author's Words, p. 16.

How came there to be a Dispute about the Election, after the death of Edgar, be­tween his eldest Son Edward, and Etheldred his youngest?

HISTORY.

Malmsbury answers the Question. L. 2. c. 9. f. 33. b. n. 40. Ed­wardum Dunstanus & ceteri Episcopi con­sentanci, regali culmine sublimârunt, contra voluntatem quorundam (ut aiunt) Optima­tum & Novercae, quae vix Septem annorum puerulum Ethelredum filium, suum prove­here conabatur, ut ipsa potius sub ejus no­mine imperitaret. Dunstan and the other Bishops that agreed with him, set Ed­ward in the Throne, against the mind [Page 17] (as they say) of some great Men, and his Stepmother, who endeavoured to set up her Son Ethelred, a Child scarce Seven Years old, that under his name she might reign.

The Author's Words, p. 16.

I lay no force upon his Mothers endeavours to advance him; but if there had been such an unalterable Right of Succession, there had not been any colour or pretence for it.

Tis true, there neither was nor could be any; yet she with her Friends endeavour'd it, and seeing she could not do it that way, she afterwards caused Edward to be murther'd, that the Right of Succession might be in her Son after the Eldest was taken away; so much the unalterable Right of Succession was then understood. But saith Flor. Wig. there was a great Contention amongst the great Men about the choice of the King.A. 975. How could there be any dispute if they knew the Constitution of the Kingdom to be, that the next Heir must inherit the Crown.

HISTORY.

Flor. Wig. f. 607. A. D. 975. De rege eligendo magna inter regni pri­mores oborta est dissentio. Quidam nam (que) Regis filium Edwardum, quidam autem fratrem illius elegerunt Ethelredum Quam ob causam Archipraesules, Dunstanus & Os­waldus cum Corepiscopis, Abbatibus, Duci­busque quam plurimis, in unum convenerunt, & Edwardum, ut pater ejus praeciperat, elegerunt, electum consecraverunt, & in Regem unxerunt. There was a great Contention amongst the prime Men of the Kingdom about choosing, or setting up a King. Some were for Edward, some for Ethelred; For which cause the Arch­bishops Dunstan and Oswald, with their Suffragans, the Abbots, and very ma­ny great Men, assembled and chose Ed­ward, as his Father had commanded, con­secrated and anointed him King. From what hath been said before, it appears those that would have set up Ethelred against the Right of Succession, and a­gainst Edward, King Edgar's eldest Son, were his Stepmother and her Party: the others that opposed her Design, and kept fast to Edward, were for the Right of Succession: with the last the Parlia­ment, as the Constitution then was, or the Great Assembly of the Nation, that is, the Archbishops, Bishops, Abbots, and very many Noblemen concurred, and chose, or recognized and crowned Edward their King; whom his Father at his Death Regni & morum Haeredem reliquit, Ibidem. left Heir of his Kingdom and Temper. It cannot be thought but this Assembly understood the Constitution of the Nation; and yet there arose a dispute about the Succession. The best Laws in the World cannot keep Men from be­ing wicked, nor secure the Government from the Attempts of Intruders and U­surpers, when they think they have Opportunity and Means to set themselves up, let the Constitution be never so clear and well known. If the Author would have look'd into, or considered the cause of this Contention about the Succession, he might as well have asked how can there be any Intruders against the known Constitution, as how could there be a Dispute about the Succession? M. Westminster says,A. D. 977 Edward retained on­ly the Name of a King, and by the Flattery of his Stepmother, he permitted to her and her Son Aethelred the Transaction of all the Affairs of the Kingdom. Ibid. A. D 978. Flor. Wig [...] eod Anno. Yet so power­ful a thing, and so agreeable to the Con­stitution, was Succession by Birth right, that for the establishing her Son in the Throne, the very next Year she caused Edward to be murthered, and triumph'd at his Death.

The next are his Danish Instances. These People had the Sword only for their Title, and staid but Five and twen­ty Years or thereabouts: Nor can any Man affirm from our Historians what the Constitution of the Kingdom was then, as to the Government or Governours; and the manner of, and chief pr [...]tence to the Succession, was Donation; as hath been noted before, to which the Reader is referred. Edmund Ironside, the true [Page 18] lineal Saxon Heir, made an agreement with Canutus, and divided the Kingdom with him, who had no other pretence to the Throne, than his Father Swane's Con­quest, and his own Army of Danes to make it good. After the Death of Ed­mund, the Bishops and English Nobility sware they would have Cnute for their King, would humbly obey him, and pay his Taxes for his Army. [...]id. A. D. [...]16. f. 18. Eique humiliter obedire vellent, & suo exercitui vectigalia dare. Let the Author say, whether it were not Force and Fear made these Men swear?

The Author's Words, p. 17.

After the death of Canutus, a new dif­ference arose about the Succession; [...]. 1055. some were for Harold, his supposed Son by Al­giva; others for Hardecnute. his Son by Emma.

HISTORY.

After the Death of Cnute, [...]almsb. l. c. 12. f. [...]. b. n. 50. 43. a lin. &c. Elegerûnt Haraldum Dani & Londoniae cives, qui jam penè in Barbacorum mores propter fre­quentem convictum transierant. Angli diu obstiterint, magis unum ex filiis Ethelredi, qui in Normanniâ, vel Hardecnutum filium Cnutonii ex Emma, qui tunc in Danemarchia erat, regem habere volentes. The Danes, and Citizens of London, who were al­most become barbarous by their Con­verse with them, chose Harald: the En­glish opposed, and had rather have had for their King one of the Sons of E­thelred, who were then in Normandy, or Hardecnute, the Son of Cnute by Emme, who was then in Danemark, Earl Godwin, who profest himself Tutor or Cu­rator of the Children (pupillorum Tuto­rem se professus) headed the English; but at length, being unequal in Force and Number, gave way to violence; sed tandem vi & numero impar, cêssit violentiae. All Historians concluded Harald to have been a Bastard; yet without doubt he had a very great Command in his Fa­ther's Army, which set him up; and it may be with the Assistance of the com­plying English.

The Author's Word's, p. 17.

If the Lineal Succession were a part of our Constitution; how come such perpetual Disputes to be concerning it? For if it had been own'd as a Fundamental Law, the right of Succession must have been clear be­yond dispute.

What may be said to the Reasoning of the Author.

The Author would be thought to have read much History; but certainly he never considered what he read. Did he in all his reading never meet with U­surpers, Invaders, and Intruders? Did he never read of Men, that above all things desired to be Kings, though they knew they had no right to be so? Did he never read of the Attempts of such Men to make themselves so; and that some have failed, and others succeeded in those At­tempts? Did he never read, that such Men always had Abbettors, and a Party to carry on their Designs? Did he never hear of such wicked Men, as have acted contrary to the light of Nature, and their own Consciences? or to the great Rule of all Mankind; Do as you would have others do unto you? The Funda­mental Law of Succession may be as clear, as the light it self; yet Invaders, though they know it, will not see it, nor do think themselves bound by it; but their whole Contrivance is how to evade, baffle, and enervate that Law, and every other Law that stands in their way, and yet pretend to advance the Publick Interest, the Common Good of the People, when they intend only to set up their own, and the Interest of the Party, against the known Laws of the Nation. If these things have frequently been, they may be so again. 'Tis the Invader, and [Page 19] Intruder, makes the Dispute, not the Per­son in Possession by a Lawful Title; he never goes about to quarrel with his own Right and just Occupancy; and there­fore 'tis not hard to know, how Di­sputes come to be about Lineal Successi­on. Though the Right be clear beyond dispute, Men of designs against the clear­est Right will take hold of, and make advantage of every opportunity to do their business.

The Words of the Author sub­joyn'd to his Reasoning, p. 17.

But reason of State, and the publick Interest still over-ruled this matter; and so Ethelred's Sons by Emma, who were the true Heirs by Legal Succession, were set aside; and Harold, being upon the place, and so best able to manage the Affairs of the Kingdom, carried it.

What may be said to the Authors In­ference from his precedent Rea­soning.

A fine Piece of Art and Legerdemain. How did Harold carry it? Malmsbury tells us by force and violence. What reason of State, or publick Interest could make the Saxons set aside the next Heir, (if they could have had him for their King) and place in the Throne a Stran­ger, the Son of a Conqueror, with his Fathers Army at his Heels? Had not the Danes the greatest share in making him King? and could the Saxons think o­therwise, than that they would have the greatest share in the Government? What Affairs of the Kingdom was Ha­rald best able to manage? Certainly not the Affairs, and publick Interest of the Saxons: They could not believe it, when he had an Army, and great numbers of his own Countrymen, with their Fami­lies, to provide for; and when they could not but see, the Nation was to be planted by Foreigners, who must be their Masters. Therefore what reason of State, what publick Interest could there be, for Harolds carrying of the Crown and Kingdom, as the Author neatly Phraseth it?

The Words of the Author, p. 18.

For if there be no Rule, it is not possible to satisfie Conscience in the Niceties of Titles, If there be a Rule, the general consent of the people, joyned with the Com­mon Good, seems to have been that which our Ancestors proceeded by.

What may be opposed to this saying.

The general Consent of the People, in conjunction with Common Good, or these two joyned, never was actually in Pra­ctice, nor never can be. Where, or how can all the People meet? or if that could be, how can they joyn in establish­ing of the Notion of Common Good? Were they ever all of one mind? Were not they ever, since things were, of divers Parties, and those of different Judgments, what the Common Good was? Was there not partiality in every Party? And did not every Party helieve that was the Common Good, which they apprehended to be so, and suited best with their In­terest, and Proposals to themselves? But the People meet by their Representa­tives. Did ever all the People meet to choose them? Hath not a Party com­monly chosen for the whole, excluding all others? Or have not Men of a Par­ty imposed themselves upon the People, and usurped the general consent of the whole? Upon a strict enquiry, this will appear to have been the general Pra­ctice. Where then is the General Con­sent of the People; as for Common Good, enough hath been said before to invali­date that pretence; and for the Con­junction of the General consent of the Peo­ple and Common Good, the Author talks of, let him shew it practicable if he can. Do as you would be done by, is the Ground and Foundation of Common Good (as hath been said before) but when, and [Page 20] where did the general and free Consent of the People, high and low, concur and unite in this Foundation? If all Men would build upon it, none could receive wrong or injury; there could be no Disputes about any matter whatever, if Men would make this Rule the mea­sure of their Actions. In the mean time, while Men can arrive at this per­fection, The Legal Constitution by which the Kingdom hath flourisht, and been supported in great Reputation for some hundreds of years, is the best and safest Rule for all sober Men (to use the Au­thors Phrase) to proceed by. When Men go from the Law, and legal Estab­lishment, they walk in the dark, and go they know not whither, and travel while they make themselves not only uneasie but miserable.

'Tis a strange fate upon the People, that their name is always used; their be­nefit pretended; their power to create right to Govern, and Governors magni­fied by restless Projectors, whose only design is to dig up the very Foundations of Legal Settlements, and such as by ma­ny Ages have been found by experi­ence to have been for the ease, quiet, and benefit of the People, who are ne­ver in greater danger, than when they listen to such Men, that promise to make them happy by Eutopian, Illegal, and Impracticable Schemes and Devices; af­ter misery and desolation is brought up­on them, their Consent is pretended, and vouched to warrant it. If the Au­thor could have prevailed with himself to have read the several Declarations, Remonstrances, and almost innumerable other Papers, printed between the years 1640. and 1660. all filled with the Con­sent, Rights, and Authority of the People; and holding forth Common Good, and Pub­lick Interest, and asserting and maintain­ing both those impracticable Notions (af­ter such manner, as the People are made to believe they belong unto them) in eve­ry change of Affairs and Government, that then happened; he could not have been so fond of, or so often have vain­ly, and to no purpose repeated these two empty, idle sayings, and expressi­ons.

The Author's Words, p. 19.

I take ours to be a true, original Mo­narchy; especially after the Rights of the lesser Monarchies were swallowed up, or deliver'd into that of the West-Saxon Kings. And farther, I do not stick to af­firm, that it was Hereditary, where the Right of Succession and the Publick Good, did not interfere, i. e. where there was not a natural or moral Incapacity; a natural, as in the Sons of the Elder Edmond, when Edred was made King before them; a Moral, as when Edgar's Elder Brother was set aside for ill Government by one half of the Nation, and the other never disputed the matter with them.

What may be said this.

As to his Distinction of natural or mo­ral Incapacity, since a Protector, or a Protector and Council may supply, and have often supplied both those incapaci­ties, it signifies nothing. And as to his Examples of Edred's Government in the Minority of Edmunds Sons; and of Ed­wy, Edgar's elder Brother, being de­serted by half the Nation, they have been spoken to before.

The Author's words in the same Page.

These things I mention to shew, That al­though this were a true and successive Mo­narchy in ordinary course; yet where the Publick Good was by the Estates of the Realm judged to require it; they thought it no Perjury or breach of Faith, to transfer their Allegiance, although it were without the consent of the actual Governor, or the next Lineal Heir.

What may be said to this Passage.

The things hitherto mentioned by the Author, were his Saxon and Danish In­stances; and whatever appears by those Instances to have been done, was done by a Party (as hath been shewn from undoubted History) and not by Repre­sentatives of the Nation; yet such Par­ty or Parties he calls the States of the Realm, as his Tutor Robert Parsons the Jesuit, alias Doleman, hath taught him; especially in the 4th, 7th, 8th, and 9th Chapters of the first part of his Confe­rence about the Succession to the Crown of England: where are to be found all the Author's Saxon and Danish Instances ur­ged, and applied in the same manner, and to the same purpose, as they are in this Author; and also his two Norman Instances, that of Maud the Empress, Hen. 2, and King Stephen; the other of the two Houses of Tork and Lancaster, in his Second Part of the Conference, cap. 2. and 3. and likewise in Mr. Pryns first Part of the Sovereignty of Parliament and King­dom, p. 7, 8, 9. and the two Norman In­stances p. 94, 95. Mr. Pryn followed Dole­man, who says all Kings that take Coro­nation Oaths are Elected. Conf. of Success: part 1. cap. 5. and all Invaders, or In­truders, that set up themselves by the help of a Party only, were Elected and set up by the States, or Commonwealth. Those Parties the Jesuit calls the State or Com­monwealth, Mr. Pryn calls Parliament or Kingdom in the very same Instances; but this Author is best pleased with the Jesuits Expressions, and useth them most frequently. But if he had consider'd what Mr. Pryn hath written since the year 1648. and in that year against his own former Notions and Opinions, about the Sovereignty of Parliament and Kingdom, &c. especially his Plea for the House of Lords, his four Parts of a brief Register of Par­liament Writs, his Animadversions upon Coke's 4th. Institute, and many other Writings, and the Epistles to them; He would never have Publisht such Instan­ces, baffled by him, and many others.

If the States (as he calls them) had had upon the Consideration of Publick Good, the Power he speaks of, and that it was known and legal; or if the Crown had according to the Constitution been at their Disposal; supposing the Saxon E­states had freely chosen Canutus, as he vainly Asserts; what could prompt him to cause Edwin, Flor. Wig. A. D. 1016. Edmond Ironside's Bro­ther, to be murder'd, and to send his two Sons Edward and Edmond to the King of Sweves, that they also might be murder'd? And if the Succession had not been notoriously, wholly, and complete­ly Hereditary; what need he to have feared the Title, and Succession of the Sons and Brother of Edmond, if it had been true what the Author insinuates, that he was legally Elected, and upon account of the Publick Good? Besides imposing Parties, small Numbers, and Factions upon his Readers, and calling them the States; he hath another pretty knack of imposing upon them, by telling them Oaths made to foreign Kings (such as the Danes were) and forced upon the Nation by Foreign Armies) was trans­ferring of Allegiance; as if the People then were wonderfully pleased, and sa­tisfied with their new Masters. From these Instances and Topicks he might as well have proved, that because this Nati­on hath been overrun, and possest by Saxons and Danes, with their miscella­neous Assistants; therefore it may be expedient it should be so again. They seem to be Arguments to encourage such another undertaking, rather than any thing else.

After the Saxon Constitution, he comes to the Norman, and there makes only two Instances.

The words of the Author, p. 20.

The first Instance I shall bring, is in the Case of the Oath taken to Maud the Daugh­ter of Hen. 1. in the Thirty first year of his Reign: and there is no question, but he de­signed [Page 22] signed her to succeed him,Malmsb. Hist. novest. l. 1. p. 100. 105. 2. legitima & perenni successione, as Malmsbury's words are: but Stephen who had before sworn Allegiance to her) watched his op­portunity, and by the help of a Party made by his Brother (the Bishop of Winchester) he was Crowned King; and although at first, Malmsbury saith, but three Bishops, and very few Noblemen joyned with him; yet he soon after saith, that most of them went into him; and even Robert of Gloucester, King Henry the first's natu­tural Son, took an Oath to him, but with the Condition of his preserving his Honour and Covenants. There are several things worth our observation, in this affair, with respect to the Oaths of Allegiance.

HISTORY.

Malmsb. f. 99. a. n. 30. Anno 27. Regni sui Rex Henricus An­gliam venit mense Septembri, adducens se­cum filiiam suam, &c. In the 27th. year of his Reign King Henry came to England, in the Month of September, and brought with him his Daughter. He called to­gether at Christmas a great number of the Clergy and chief Men of the Kingdom at London; and being much grieved he was like to have no Children by his Se­cond Wife, the [...]uke of Lorrain's Daugh­ter; he was very thoughtful about a Successor; and having a long time before deliberated about that matter, Tunc in eodem Concilio, omnes totius Angliae Opti­mates, Episcopos etiam & Abbate [...] sacra­mento adegit & obstrinxit; ut si ipsi sine haerede masculo decederet, Matildam filiam suam, quondam Imperatricem, incunctanter & sine ulla retractatione Dominam recipe­rent, Then in the same Council he bound all the chief men of England, the Bishops also, and Abbats by Oath, that if he should die without Heir Male, they should forthwith, without retraction or revok­ing their Oath, receive his Daughter Maud, late Empress, for their Queen. Having before told them what a great loss the Nation sustein'd by the death of his Son William, to whom by right the Kingdom belonged; and now that his Daughter survived, to whom only the lawful Succession was due, from her Grandfather, Uncle, and Father, that were Kings, and from the Stock of her Mother many Ages;Ibid. n. 40. cui soli legitima debeatur successio, ab avo, avunculo, & patre regibus, & a materno genere multis retro seculis; siquidem ab Egbirtho West-Saxonum rege, &c. For from Egbert, King of the West-Saxons, who first subdued the other Saxon Kings, in the year 800, during the Reign ofThe Hi­storian doth not reckon the Danish Kings a­mongst them, there were 14 Saxon Kings be­side them. Ibid. n. 50. b. lin. 1. &c. Ibid. f. 100. a. n. 40. Fourteen Kings, un­to the year 1043. when Edward the Confessor was Crowned King, the Line of the Royal Blood never failed, nor was there one wrong step, or halt made in the Succes­sion; nec unquam ejusdem regalis sanguinis linea defecit, nec in Successione regni clau­dicavit. All Persons of any moment in this Council did take the Oath, first William Archbishop of Canterbury, then the other Bishops and Abbats. The first of the Lay-men that took it, was David King of Scors, the next Stephen Earl of Mortaign, and Bologn (afterward King Stephen) and then Robert Duke of Gloucester, King Henry's natural Son.

Anno. 31. Regni sui Rex Henricus re­diit in Angliam, &c. In the thirtyfirst year of his Reign, King Henry returned into England, and the Empress also; and in a great Assembly of the Nobility or Great Men at Northampton, those which had sworn before, renewed their Oath, and those that had not, did then swear, or give their Faith unto her.

King Henry died in the Thirty fifth year of his Reign;Ibid. b. n. 30. and in his Sickness being asked by Robert Earl of Gloucester, and the Nobleman that were then with him, about a Successor; a quibus de suc­cessore interrogatus, filiae omnem terram su­am, citra & ultra mare, legitima & pe­renni Successione adjudicavit, he gave all his Lands every where to his Daughter, as to his Lawful Successor.

After the death of King Henry, Ibid. f. 101. a. lin. 5. which happen'd upon the first of December that year; the Empress, Robert Earl of Glou­cester, with most of the Noblemen, de­lay'd their return for England: whereas [Page 23] Stephen made all the haste he could, and by the readiest Passage being come, the Londoners and People of Winchester own him a King:Ibid. n. 10. And he drew unto him Ro­ger Bishop of Salisbury, and William de Pont Larch, Keeper of the King's Trea­sure: But all his Endeavars had come to nothing,Ibid. n. 20. if his Brother Henry Bishop of Winchester, and at that time the Pope's Legat, had not been his best Assistant. William Archbishop of Canterbury required of him an Oath, That he would restore and preserve the Liberties of the Church, and the Bishop of Winchester became his Surety [...] for the doing of it. He was very sweet in his Promises, but they wanted performance. He was Crowned the 22 of December, there being present only three Bishops, the Archbishop, the Bi­shops of Winchester and Salisbury, no Abbats, and but few Noble or Great Men.Ibidem. Coronatus est ergo in regem Angliae Stephanus, undeci [...]o Calend [...] Januarii 1135. tribus Episcopis prasentibus, Archie­piscopo, Wintoniensi, Saresberiensi, null [...] Ab­batib [...]s, pancissimus Optimatibus.

Ibid. n. 40.Having made the Treasurers of his Party, he immediately became Master of the Treasure, which was near 100000 l. in ready Money, besides Gold and Silver Vessels of great weight, and inestimable value. Having so great Treasure, he could not want Assistants,Ibidem. hanc copi [...]m Gazarum habenti, auxiliatores d [...]esse non poterant, especially being very profuse in his Gifts. All sorts of Soldiers stock'd to him out of Flanders, and Britany, most notorious Plunderers,Ibid. n. 50. and cruel People, who robbed Churches, and pulled Men of Religious. Orders from their Horses, and imprisoned them, without regard, Erat genus hominum rapacissimum & violen­tissimum, qui nil pensi haberent vel caeme­teria frangere, vel Ecclesias expilare, Re­ligiosi quinetiam ordinis viros non solùm e­quis proturbare, sed etiam indigenae militer, &c. Ibidem. Neither were Strangers only, but home-bred Soldiers or Knights, who ha­ted Times of Peace, toward the end of King Henry's Reign, because then they lived meanly, easily brought to his Par­ty, raising thereby their Fortunes from the Loss and Ruin of the People,Ibid. b. lin. 2. Ibid. lin. 3, 4. Pro­vineialium dispendio suas fortunas urgentes; Further, Stephen when he was Earl, by his easie and jocular Conversation, and his Familiarity with ther meanest Per­sons, had wonderfully gain'd the Affe­ctions of the People,Ibid. lin. 5. so that all the No­blemen of England came readily in to him. In the mean time, the wise Earl of Gloucester was folic ous how he might shew them their Faults, and by Discourse bring them back to a better Opinion; for there was nothing to be attempted by Force,Ibid. lin. 7. for the Causes before mentio­ned; nor was it free for him to come into England, unless for a time he could dissemble, and appear as if he were a Party in the Defection, (quasi defectionis eorum particeps) wherefore he did Ho­mage to the King upon Condition,Ibid. n. 10. that is to say, so long as he kept his Dignity entire, and performed his Agreement and Covenants, scilicet quamdiu ille digni­tatem suam integre custodiret, & sibi pacta servaret: For long before he knew the Temper of the King, and foresaw the In­stability of his Faith, spectato enim jam­dudum regis ingenio, instabilitatem fidei praevidebat.

In the same Year,Ibidem. not much after the coming of the Earl, the Bishops sware Fealty to the King, so long as he should preserve the Liberty, and strict Disci­pline of the Church;Ibid. n. 20. 30. which he then swore to do according to his Charter, that consists mostly of Privileges grant­ed to the Clergy, and is there repeated, and is dated 1136, in the first Year of his Reign. But the Historian says, He disdain'd to put the Names of the Wit­nesses, which were many, because he changed all things so perversly, as if he had only sworn, that he might shew the whole Kingdom, he had sworn to what he never intended to perform;Ibid. n. 40. nomina Testium, qui multi fuêrunt, apponere fasti­dio; quia pene omnia ita perperam mutâ­runt, quasi ad hoc tantum jurâsset, ut prae­varicatorem sacramenti se regno toti osten­deret. In this Grant, he says, he was [Page 24] chosen King by the Clergy and Laity, crowned by William Archbishop of Can­terbury, and afterwards confirmed by Pope Innoeent; the Bull of which Confir­mation may be seen in the History of Ri­chard Prior of Hagulstad, col. 313. n 30. The Witnesses to his Charter, or Grant, were most of the Bishops, Earls, and No­blemen, and all Normans, and may be found in the same History, Col. 314. n 60. This is the true History, how Stephen came to be King, taken from William of Malmsbury, who lived and wrote at the very time these things were done, and wrote them at the Request of Robert Earl of Gloucester.

The Author's Words, p. 20.

The first Observation upon his own History of Maud's Title, and Stephen's coming to the Crown before noted, is, That if it hold that an Oath was first taken to Maud by the Bishops and Nobility, and afterwards to King Stephen, an Oath of Allegiance may cease without Discharge from the Party to whom it was made; and so the Archbishop of Canterbury, and the Bishops of Win­chester and Salisbury, as well as the No­bility, thought themselves at liberty to take a new Oath of Allegiance, without a Re­lease from the Party concerned in the for­mer Oath.

What may be said to this.

'Tis not to be doubted, but the Au­thor knows what Religion was profest in this Nation at that time, and only that; and knows also, those of that Persuasion did, and do believe the Head of their Church had, and hath Power to make an Oath cease, without discharge from the Party to whom it is made: And so the three Bishops thought themselves at li­berty to take a new Oath of Allegiance, without a Release from the Party con­cern'd in the former Oath, when they had his Authority; and that they so had, is manifest from the following brief Nar­rative. Stephen was crowned on the Ele­venth of the Kalends of January, Ibid. f. 101. a. n. 20. Ibid. n. 40. Ibid. b. n. 10. or 22 of December; and the Earl of Gloucester came into England after Easter next fol­lowing; and it was after his coming, that the Bishops sware Fealty to Stephen, Eodem anno non multùm post adventum Co­mitis juravêrunt Episcopi Fidelitatem regi, &c. at which time he also swore to pre­serve the Liberty, and strict Discipline of the Church, as they were drawn up in a Charter or Grant, in which the Pope's Confirmation of his Title is mentioned; the beginning whereof runs thus: Ego Stephanus Dei gratiâ, Ibidem. assensu Cleri & Po­puli in Regem Angliae electus, & a Domino Wilielmo Archiepiscopo Cantuariae, & Sanctae Ecclesim Romanae Legato consecratus, & ab Innocentio Sanctae sedis Romanae Pontifice postmodum confirmatus, &c. I Stephen by the Grace of God, by the Assent of the Clergy and People chosen King of England, crowned by William Archbishop of Can­terbury, and the Legat of the Roman See, (who was his Brother) and confirmed by Pope Innocent, &c.

And notwithstanding he was at first set up by the Fraud and Artifice of three or four Persons, and the Bishops especi­ally, who then govern'd the Nation, and that he immediately forced himself upon the then Norman Government by an Army of Foreigners, plundring and cruel Flem­mings, and Britans, and home-bred Nor­man Soldiers, that knew not how to live, as appears by the History before-recited; yet the Archbishops and Bishops suggested to to the Pope, Richard Prior of Hagustald or Hexti­am Col. 313. n. 30, 40, &c. in the Body of the Bull. That after the Death of King Henry, Religion in England was di­sturbed, turbata est religio in regno Angliae, & nullum mandatum pacis seu justitia in adjutorio regali vigebat, and there was no Royal Command for either Peace or Ju­stice: and that the greatest Wickednes­ses were committed with impunity, atque atrocitatem tantorum scelerum comitabatur impunitas, and that for the putting a stop to such Evils, Stephen was chosen King communi voto, & unanimi assensu tam pro­cerum, quam etiam populi, by the common Vote and unanimous Assent of the Great Men and People, and crowned by the [Page 25] Bishops; and all this was testified by the Letters or Instruments of the Arch­bishops and Bishops of the Countrey, and the Lovers of the Holy Romane Church, the glorious King of France, and illustrious EarlThis was Theobald, Earl of Blois, Ste­phen's el­dest Bro­ther. Theobald; Q [...]em­admodum venerabilium fratrum nostro­rum, Archiepiscoporum earundem Regio­num. & Amatorum Sanctae Romanae Ec­clesiae, gloriesi Francorum Regis, & illu­strius Viri Comitis Theobaldi scripta te­stantur. Then upon this recounting the Suggestions, the Pope and Title-Maker, says, Nos cognoscentes Vota tantorum Vi­rorum, in personam tu [...]m praecunte di­vina Gratia convenisse, &c. We know­ing the Votes of such great Men to have concurr'd in the Choice of thy Person, by the Guidance of Divine Grace. And for these things, and his promise of Obe­dience, and doing Honour to St. Peter, he confirms wh [...]t had been done, and grants him the same Honour and Prero­gative he had granted to his Predecessor Henry. This Bull of Confirmation was directed to King Stephen; Innocentius Episcopus, &c. carissimo in Christo filio Stephano illustri Anglorum regi salutem & Apostolicam benedictionem. From the precedent Narrative it is evident the Bi­shops sollicited this Bull of Confirmation, and obtained it before they sware Fealty to King Stephen, though upon false Sug­gestions: However, the Pope knew he was chosen by the Guidance of Divine Grace, and the Bishops and Nobility be­lieved him to be infallible; or, at least, had such a D ference to his Confirmation of Stephen, that they took themselves to be discharged and released f [...]om their Oaths made to Maud; for if this Con­firmation was valid, her Title was made null and void.

Ma [...]msb. f. 108. a.n. 40, 50.That such as favour'd Stephen, own'd his Title from the Pope, it is evident from his Brother the Legat's Speech (who left Stephen, and adhered to Maud; and then revolted from her, to him again,) when he called a Council at Westminster by his Legantine Power, wherein chiding Let­ters from the Pope were read, because he had not delivered his Brother Stephen, then in Prison; in which he was exhor­ted to do it, either by Ecclesiastical or Secular Power: After the reading where­of, he made a Speech in excuse of his faithless Actions, and commanded those present, on b [...]h [...]lf of God and the Pope, (ex parte Dei & Apostolici) that they should aid the King with their utmost Power, who was anointed by the Will of the People, and Assent of the Apo­stolick See, (voluntate populi, & assensu Ap [...]stolicae sedis inunctum) and to excom­municate all Perturbers of the Peace, that favoured the Dutchess of Anjou, i. e. Maud.

If the Author had understood this, he would scarcely have ventured upon this Instance, to have confirmed his Opinion about the Release and Discharging of Oaths.

The Words of the Author, p. 23.

Secondly, That upon the Agreement be­tween King Stephen and Henry II. M [...]d her self was set aside, and Stephen was to continue King for his Life, and Henry II. to succeed him. Now, if Oaths of Alle­giance must not be interperted by the pub­lick Good, here are insuperable Difficul­ties as to the Obligations of these Oaths, for the Allegiance was transferred from the right Heir, to an Ʋsurper; as Stephen must be owned to have been by th [...]se who deny that Allegiance can be transferred from the right Heir: And they must con­tinue Allegiance to the Ʋsurper for his Life, which is repugnant to the nature of our Constitution, if it be founded in a Li­ne [...] and Legal Succession. And again, Maud, to whom they had sworn, is set aside, and the Reversion of the Crown it entailed on her Son, although she was li­ving.

What may be replied to this.

The insuperable Difficulties have been overcome before in the Discourse about the Pope's Confirmation of King S [...]e­phen: [Page 26] As to Maud's having been set aside, it shall be considered in the last Para­graph of this Instance, and also some­thing more said of this Publick Good, which brought on this Agreement, and what it was; but it must needs be so, because done by the Common-Council of the Nation.

The Author's Words in the same Page.

A. 1153. Paris, ibid. Matt. Westm. and Paris say, The Right of King Henry II. was declared by King Stephen, in conventu Episcoporum, & aliorum de regno Optimatum; which was the D [...]scription of a Parliament at that time, for as yet the Baronage repre­sented the Nation; which sh [...]ws how far the publick Good was thought to be the Measure of the Obligation of these Oaths. G [...] Newburge [...]sis saith,L. 1. c. 30. the B [...]num publicum was the Foundation of this A­greement:A. 1153. And M. Westminster, that the King and Lords did all swear to it, and a solemn Charter was made of it, and k [...]pt in a most secure place.

HISTORY.

M.W stm. A. D. 1153 f. 246. n. 10 Diligentia Theobaldi Archiepiscopi Can­tuartensi, & Episcoporum r [...]gni Rex An­glorum Stephanus, & D x N [...]mannorum H [...]nricus, apud Wa [...]ingford talem concor­diam inierunt, &c. By the D ligence of Theobald Archbishop of Canterbury, and the Bishops of the Kingdom the follow­ing Agreement was made between King Stephen, and Henry Duke of Normandy, at Walingford. King Stephen not having an Heir, except only Duke Henry, did acknowledge, in an Assembly of the Bi­shops, and other chief Men of the King­dom, that Duke Henry had the heredi­tary Right to the Kingdom of England; and the Duke kindly granted, that King Stephen should, during his Life, peacea­bly enjoy his Kingdom. The Agreement was so co firmed, that the King him elf, and the Bishops then present, with the rest of the best Men of the Kingdom, sware that Duke Henry, after the Death of the King, if he should outlive him, should enjoy the Kingdom, without all Contradiction: O [...] which Agreement there was a Charter made, which was kept in a most secure place.Ibid. n. 20.

This is what the Historian hath, in both places, cited by the Author. The whole Charter is in Brompton, Brompton, col. 1037. n. 60. and be­gins thus: Stephanus R [...]x Angliae, Ar­chiepiscopis, Episcopis, Abbatibus, Comiti­bus, Justitiariis, Vicecomitibus, B [...]roni­bus, & omnibus fidelibus, suis salutem: Sciatis, quod Ego Rex Stephanus Henri­cum Ducem Norman [...]ae post me Successo­rem regni Angliae, & hae edem meum j [...]re haereditario constitus, & sic e: & haeredi­bus suis regnum Ang iae donavi & consi [...] ­mavi: D [...]x vero propter hunc honorem, & Donationem & Confirmationem, sibi a me factam, Homagio michi & Sacra­mento securitatem fecit, scilicet q [...]od fi­delis m [...]chi erit. & vitam & hon [...]rem meum pro suo posse custodiet, per Conv [...]n­tiones inter nos praeloc [...]tas quae in hac Charta continentur. Stephen, K ng of England, &c Know ye, that I have ap­pointed Henry Duke of Normandy, Suc­cessor of the Kingdom of England after me, and my Heir by hereditary Righ [...]; and so have given and confirmed the Kingdom of England to him and his Heirs: For which Honour, Donation and Confi [...]mation made by me to him, he gave me Security by Homage and Oath, that he would be faithful to me, and preserve my Life and Honour to the utmost of his power, according to the Agreements made by us, which are contained in this Charter. Neubrigensis speaking of this Treaty, says,L. 1. c 30. p. 104. In Paris, Ed. 1610. P [...]acu [...]t inter eos (that is, the King and Duke) solemne & salubre colleq [...]ium celebrari, ubi amicis mediantibus, & circa bonum publicum pia & prudenti provisione sata­gentibus, p [...]x inter eos & caute formata, & solide firmata est. T [...]ey agreed to have a solemn and wholsome Treaty, where, by the Mediation of Friends, ha­ving a pious and prudent respect to the [Page 27] common Good, a Peace was warily made, and solidly confirmed.Ibidem, p. 105. Quibus Deo pro­pitio sal [...]briter actis, Rex Angliam, & Anglia pacem recepit: annis enim jam­plurimis, fere nudo regis nomine insignis, tunc recipere visus est hujus rem nominis; & quasi tunc primo regnare coepit, quia tunc primo purgata Invasionis, Tyrannica macula, legitimi principis justitiam in­duit. Which things being done by God's Assistance, the King received England, and England received Peace; for ha­ving had the bare name of King for ma­ny Years, now he enjoyed the thing it self, and began then first to reign because then the Blot of Tyrannical Invasion be­ing first wiped out, he exercised the Ju­stice of a lawful King.

The Author's further Words about this Accord, p. 22.

And thus the Oaths of Allegiance were continued to one that had no Right, for his Life; and made to one who predended to no R ght, but after his Mother, who was set aside in this Agreement; for we never read that she was present at the Agree­ment, or resigned her Right to the Crown. So that here were three Oaths of Alle­giance at once; that to Maud the Em­press, that to King Stephen, and to Hen­ry II. and yet the general Good of the Nation must give an equitable Sense of these Oaths, or there must be Perjury on all sides.

The Answer to what the Author says, about this Agreement, and the Exclusion of Maud, &c.

By this Accord it was owned by King Stephen, Bishops and Barons, which were then the Parliament, or Colloquium, as the Author confesseth, that th [...] heredi­tary Right was in Duke Henry, and he granted that King Stephen, during his Life, should peaceably enjoy his King­dom. And if the Right was in Henry, might he not recede from it if he plea­sed? And the Agreement says, he did during Stephen's Life. This Retroces­sion made the Bishops and Barons Oaths to the Agreement lawful; and if he had not some testimony of a Cession, or Re­signation, by and from his Mother, though not mentioned in the Agreement, this Convention could not, upon Stephen's Acknowledgment only, have own'd his hereditary Right upon Oath. And that by Cession, or some other way, she did quit and leave her Right to govern, to her Son, 'tis most probable, from what follows. M [...]nd the Empress,Malm [...]b. f. 104. a.n. 10. upon the death of her Father, and the Invasion of Stephen, on the 30 [...]h of September, in the Year 1139, came into England with her Brother Robert, and managed the War against him in her own Person, her Son being but a Child,He was born, A.D. 1133. and her Husband engaged in the Defence of Normandy, Anjon, &c. against the King of France. Her three great Supports were, her half Brother Robert Earl of Gloucester, Ra­nulph Earl of Chester, and Milo Earl of Hereford; the last,Chaon. Gervas. Col. 1359. n. 10, Col. 1361. n. 10. Col. 1362. n. 10. lin. 1. to her very great Grief, died in the Year 1143. the second made his Peace with King Stephen, 1145. and the first, Robert Earl of Gloucester, died in the beginning of November, in the Year 1146. of an high Fever, after he had sent Henry, then being about thir­teen Years of Age, over to his Father, into Normandy.

After the loss of these Friends and Supports, the Empress,Ibidem, Col. 1363. lin. 1. wearied out with these Commotions and Wars in England, before Lent, in the Year 1147. passed over into Normandy, chusing rather to live there with her Husband in Peace, than undergo so many Troubles.

In the Year 1149.Ibidem, Col. 1366. n. 30. Col. 1367. n 30. Chr. Norm. f. 984 B.C. A.D 1150 M W [...]stin. eod. An. Henry came into England with an Army, in the Month of May; and returned into No [...]mandy in the beginning of January next following, without Success.

In the Year 1150. Henry took posses­sion of his Mother's Inheritance, (haere­ditatem matris,) the Dukedom of Nor­mandy, and did Homage to Lew [...]s King [Page 28] of France, for it; his Father Geofrey be­ing present both when he took Posses­sion, and did Homage; and they retur­ned together from Paris rejoicing; and no doubt, if they two were so well plea­sed with what had been done, the Mo­ther could not be dissatisfied, nor could it be done without her Consent.

Ibidem, D. A. D. 1150On the 7th of September his Father Geofrey died, and gave to Henry D [...]ke of Normandy, his eldest Son, the Earldom of Anjou. Henrico Duci Normanniae, pri­mogenito suo concessit Comitatam Andega­vensem.

Chr. Gerv. Col. 1372. n. 30. The old Histo­rians be­gan the Y [...]ar at Christmas.In the Year 1153. Duke Henry, all things being quiet beyond Sea, came with some Forces into England, on the 1st of January: His C [...]ming was no soo­ner known, but the Earls and great Men flocked to him; and upon the 8th of the same Month, the Year following, the Agreement was made between King S ephen and Duke Henry. Matth. West­minster says it was made A. D. 1153.

Chr. Norm. f 1101. D A. D. 1166From the time Maud the Empress left England, in the Year 1147 she is not so much as mentioned by any Histo­rian, until the time of her death, which was on the 4th of the Ides, or 10th of September, 1166.

From these Particulars 'tis most pro­bable, if not certain, that she was satis­fied with, and consented to this Agree­ment, either at the time it was made, or by Cession from the Kingdom and Government, by relinquishing it, and leaving the who [...]e Management to her Son, who was now Duke of Normandy, Earl of Anjou, Ibid. f. 985. C. and, in Right of his Wife Alienor, Duke of Aquitain; and being now above twenty Years of Age, fit for Action. When he came for England, she was in her declining Age, her Years being then about fifty; and fixing her Mind upon Works of Charity, she spent the rest of her Days in performing of them;Ib. f. 1101. D. for she built three Monasteries in Normandy; one of Cistersians, in the Country of Caux; another of Canons, near Cherburgh; and a third of Canons, in the Forest of Goser; and for the buil­ding of the Stone B [...]idge of Rhoven, o­ver the River Seyn, which had been be­gun by her, she gave a great Summ of Money. She was a Woman of a very brisk and high Spirit, as appears by her Actions in England; and after she left it, she lived nineteen Years, and twelve or thirteen after her Son was King: So as, if she had not relinquished her Right to England, as she had done about three Years before this Agreement, to Norman­dy, the Historians could not have been so silent concerning her.

So that from hence 'tis evident, that such as had taken the three Oaths were safe; for, upon Ma [...]d's Cession, or relin­quishing her Right, the Obligation of the Oath made to her ceased. Then the Oath made to Stephen, seeing it was done by the Consent of Henry, who had the Right, became lawful. And third­ly, The [...]e can be no Scruple about the Legality of the Oath made to H nry, who, upon the Cession of his Mother, had the hereditary Right; and this is suggested and owned in the Agree­ment.

But the Author says, The general Good of the Nation must give an equitable Sense of these Oaths, or there must be Perjury on all sides. What could this general Good then be? It could not be the Pub­lick of the Nation in a true sense, for the Bu [...]k and Body of the People were En­glish Saxons; (for though the Normans had taken away their Estates, and made them Slaves, as appears by Dooms-day-Book, and the black Book in the Exche­quer, yet we read not that they massa­cred or murthered them.) And what general Good did they receive by, or what equitable Sense did, or could, what was general Good to them, give to the Normans Oaths? For all the Bishops and Noblemen that took these Oaths, were Normans: All the Bishops, Earls and Ba­rons, that were Witnesses to the Instru­ment of Agreement, and sware to it, in number thirty seven, were Normans, [Page 29] except Geofrey of Monmuth, a Welsh­man, or Britain, then Bishop of St. A­saph. That Eng­land was an Habi­tation of Strangers, (meaning the Nor­mans,) and governed by Foreig­ners. Malms. f. 52. a. n. 40. Malm [...]bury wrote at this time, and says, when he wrote, there was no natu­ral Englishman a Duke; that is, a great, or leading Man, a Bishop, or an Abbot; all sorts of Outlandish-men devoured the Riches and Bowels of England, nor was there any hopes this Misery would have an end. Anglia facta est exterorum ha­bitatio, & alieniginarum dominatio; nullus hodie Anglus, vel Dux, vel Ponti­fex, vel Abbas. Advenae quique divitias & viscera corrodunt Angliae, nec ulla spes finiendae miseriae. And in another place, speaking of the Battle of Hastings, he says,Ibid. f 57. a. n. 30. That was the fatal Day to the En­glish, the lamentable Destruction of his sweet Country, by its receiving new Lords and Masters. Illa fuit dies fata­lis Anglis, funestum excidium dulcis pa­triae pro novorum Dominorum commuta­tione.

Let the Author tell the World, how the general Good of a Nation that were miserable People, and Slaves, could give an equitable Sense of their Conquerors, and cruel domineering Masters Oaths. Let him shew how the general Good of any Nation can give an equitable Sense to the Oaths of such Men who were edu­cated in Perjury, Rapine, Murther, and and all sorts of Barbarities and Wicked­ness; whose Gain and Advantage was the Measure of all their Actions. In the Year 1104, or 1105, notwithstanding all the great Normans had swore Fealty to their true and lawful Duke Robert, yet when Henry came from England with good store of Money, they ran after him, and delivered to him Castles and fortified Towns.Eadmer. f. 80. lin. 1. A D. 1104. Hoved. f. 289 b. n. 30 A. D. 1105 Anno millesimo cen­tesimo quinto, Rex Anglorum Henricus transiit mare, omnes autem pene majores-Normannorum ad ejus adventum, spreto comite Domino suo, cui fidelitatem jura­verant, in aurum & argentum regis, quod ipse de Anglia portaverat cucurre­runt, eique castra munitasque civitatis tradiderunt.

It was the way in Normandy, and from thence brought hither, when any Earl or great Man found himself grieved by another, injured, or highly affronted, they frequently got together all their Men at Arms, their other Tenants, and poor Dependants, and as much Assi­stance from their Friends and Confede­rates as they could, and burnt one ano­thers Castles or Houses, destroyed their Lands and small Territories, and carried away the Inhabitants Prisoners. The Norman Histories abound with these Stories. Ordericus Vitalis, in the Lives of Rufus, Henry I. and this King Ste­phen especially, hath many Relations of such inhumane Ravages. And even at this very time, the Norman Comman­ders and Soldiers, and other Foreigners, as well of Maud's, as Stephen's Party, practised the same Barbarities in this Nation: The Country, or Husbandmen, such as ploughed and sowed, such as cultivated Towns and Villages, and the Inhabitants thereof, were given to the Soldiers as their Wages, and were sold with their Goods and Substance.Contin. ad Flor. Wig. f. 672. Mili­tibus in stipendium dantur, & venundun­tur, vicorum & villarum cultores & habi­tatores, cum rebus suis universis, ac sub­stantiis. Cambden. Brit f. 199 200. In this King's Reign there were in England so many Tyrants, as there were Lords of Castles; and many Fle­mings and Britains flocked to him from beyond Sea, who were accustomed to live by plundering, that came into Eng­land in expectation of geat Booty.Malmsb. fol. 105. a. n. 20. Sub Stephano plures ex Flandria & Britannia, rapto vivere assueti, spe magnarum prae­darum Angliam involabant. England was then made a Prey to all Invaders and Villains.

But the Author tells us, that the ge­neral Good of these inhumane People did give an equitable Sense to the Oaths then taken. If it were not as he says, there must be Perjury on all sides; for those who had first sworn to Maud, could not transfer their Allegiance on any other Account, (that is, of the general Good, [Page 30] &c.) either to Stephen, or Henry II. du­ring her Life. What was thought of the Perjury of those Times, and especially of the Perjury of his three Bishops, (who were all N [...]rmans,) which the Author calls transferring of Allegiance, will be evident from the following Testimonies.

f. 221. a. n. 5. Henry Archdeacon of H [...]ntington, who lived and w [...]ote at this time, and con­tinued his H st [...]ry only unto the Year 1154, tells his Readers, That in Suc­cession of the most fl [...]gitious time, in which the Rage of the Norman Fury ap­peared, whatsoever Henry h [...]d d [...]ne ty­rannically, or royally, in comparison of worse things, seemed to have been the best; for immediately upon his death, Stephen, (Vir magnae strenuitatis & au­dac [...]e,) a Man of great Confidence and Boldness, though he had sworn Fealty to the Daughter of King H nry, (fretus tamen vigore & imp dentia,) furnished with R [...] olution and Impudence, (regna d [...] [...]ma D [...]um tenta [...]s invasit,) temp [...]ing God, [...] 6. lin. 1, &c. invaded the Crown. But alas! Wil iam Archbishop of Canterbury, who fi [...]st made Oath to the Daughter of Henry, cr wned him; for which Act, God appoin­ted the same J [...]gment for him, which he had done to the High Priest Jeremias, ( [...]hat is to say,) that he should not live a [...]a [...] after. Gul. Neub. l. 1. c 4 p. 18, 19. Cum ergo, ut praedictum est, [...]ex ld [...]ricus ob [...]sset idem Stephanus Sa­crament [...] q [...] fi [...]ae ejus de conservanda fi [...]tate p [...]aesticerat, p aevaricator reg­n [...]m arripuit. Therefore, as hath b en said, when K ng Henry died, Stephen b [...]ke his Oath of Fealty made to his Daught r, and seized the Kingdoms; the B [...]sh [...]ps and great Men, that were bound by the same O [...]th, giving their Assi ance: Archiepiscopus q [...]idem, e [...]us­d [...]m (ut creditur) perjuria merito, ipso pr [...]varicationas anno defecit: And truly the Archbishop, as it was believed, for the same C [...]me of Pe [...]jury left the World within a Year.Ibid. p. 19. Stephanus ergo. ut contra jus humanum pariter & divin [...]m; huma­num sc [...]icet, quia legitimus heres non e­rat; & divinum, id est violata jurisjuran­di religione, sublimaretur in regem; pa­ctus est quaecunque praesules & proceres exi­gere voluerunt. Stephen therefore, be­cause he was made King against both humane and divine Laws; humane, as not being the lawful Heir; divine, as having violated his Oath; promised and agreed to do whatsoever the Bishops and Great Men exacted of him.

As to Roger Bish [...]p of Sa [...]isbury, if we may believe Malmsbury, he sware to Maud what [...]he never intended to per­form. The Testimony is from what the Hi [...]orian heard him say:Malmsb. f 99. b. n. 10. Ego Rogerium Sa [...]esberiensem Episcopum saep [...]e aud [...]vi di­centem, solutum se a Sacramento, quod Imperatrici fecerat, &c. I have often heard R ger Bishop of Salisbury say, he was free from the O [...]th he had made to the Empress beca [...]se he made it upon con­dition that the King should not marry his Daughter to a Stranger, out of the King­dom. Nec vero haec ita dixerim, quod credam vera fuisse verba hominus, qui se unicu [...]que tempori, pro volubilitate fortu­nae accommodare nosset Neither have I said these things, that I b lieve the M [...]n's Words to be true, who knew how to comply with all Times, and accommo­date himself to every Turn of Fortune. This Roger was an illiterate P [...]iest,Gul. Neub. l. 1. c. 6. who got his Living by his saying M ss in the Suburbs of Caen, in Norma [...]dy. King Henry took him to be his Chaplain, be­cause he was ready at h s Office, and a cunning, crafty Man, and promoted him to the Bishoprick of Sa [...]b [...]y; and not only so, but committed to him the pub­lick Administration of Secular Affairs: Ʋt esset non tantum in Ecclesia magnus, sed etiam in regno a rege secundus: So as he was not only great in the Church, but second, or next to the King, in the Kingdom. Sed r [...]ge defuncto, Ibid. qui ei tan­tae in seculo claritatis author extiterat, circa legitimos ej [...]s haeredes infid [...]s; ut Stephanum sacramento illo aeque astrictum alliceret, non est veritus incurrere perju­rium, ver [...]m etiam aliis insigne pej [...]an­di praestruxit exemplum. But the King [Page 31] being dead, who had made him so glo­rious in the World, he proved unfaithful to his lawful Heirs; that he might please Stephen, who was bound by the same Oath, did not only commit Perjury him­self, but became a famous Example to others to do the like.

As to the Third, Henry Bishop of W [...]nchester, the Pope's Legat, who was first m [...]de Abbot of G [...]astenbury, and then p omoted to that See by K ng Hen­ry. There needs no more to be said of him, than that he first sware to be true to Maud, and to maintain her Title af­ter her Father's death; yet used all the Endeavour that he could, to set up his Brother Stephen, by making the Clergy (who then ruled all) for him, and then sware to be true to him. When Stephen was beaten, and made Prisoner by Maud, he lef [...] him, and sware again to Maud; and when he was at liberty, he left Maud, and made Oath of Fealty to him again, and continued Pope's Legat all the time.

The Conclusion of the Answer to this Instance shall be, the Judgment and O­pinion of Mr. Pryn in this very Case in his Concordia Discors, P. 33, 34. first printed 1659 and reprinted, 1683. The perfidious V [...]olation of the Oath made to Maud, in crowning Stephen after King H [...]nrys death, brought exemplary Judgments on the wilful Violators thereof, and a bloody, long, lasting, Civil War, within the Bowels of the Realm, between Maud, her Son Henry, and the Usurper Stephen, to the great Oppression, Devastation and Desolation of the Publick and People, as our Hi [...] orians observe:Hollinshed, v. 3. f. 46. All the Good they hoped for, by disinheriting Maud, and crowning Stephen, upon their own Terms, against his own, and their Oaths, becom­ing void and null by his Perfidiousness, through Divine Justice, which will ne­ver permit any good things to spring out of such enormous Evils as Perjury and Treachery; which produced sundry Judg­ments, and Civil Wars; never ceasing, till Henry, the right Heir, was restored to the Crown by a friendly Agreement; the only probable speedy way now, to end our present Wars, oppressions, distra­ctions, Military Government, and restore Peace and Prosperity in our Nations.

As to his Instance about Oaths taken during the Controversies between the Houses of York and Lancaster, a true Transcript of the Parliament-Rolls will be the b [...]st and plainest Answer; which here follows.

Memorand. that the xvj day of Octobre, Rot. Parl. 39 H. 6. n. 10. the ix day of this present Parlement, The Counseill of the right high, and mighty Prince, Richard Duc of York, brought in­to the Parlement chambre a Writeing, conteigning the cleyme and title of the right, that the seid Duc pretended unto the Coro [...]es of Englond, and of France, and Lordship of Ireland, and the same Writeing delivered to the right reverent fadre in God George Bishop of Exc [...]stre, Chauncellour of Eng [...]ond, desiring him that [...]he same writeing might be ope [...]ed to the Lordes Spirituelx and Temporelx assembled in this present Parlement, A [...]d that the seid D [...]c myght have brief and exp dient answere thereof; wher­uppon the seid Chauncellour opened and sh [...]wed the seid desire to the Lordes Spirituelx and Temporelx, askyng the Ques ion of theym whether they wold the seid writeing shuld be openly radde before them or noo. To the which Question it was answ [...]red and agreed by all the seid Lordes. Inasmuch as every persone high and lowe, saying to this high Court of Parlement must be herd, and his desire and peticion understand, that the seid writeing shuld be radde and herde, not to be answ [...]red without the King's Commaundement, for so much as the matter is so high, and of so grete [...]ght and poyse, which writeing there than was radde; The tenour whereof followeth in these words: It is not to be forgotten, n. 11. &c. as in Numb. 19. followeth.

And afterward the xvij day of Octobre, n. 12. the x day of this present Parlement, the seid Chauncellour shewed and declare to the seid Lords Spirituelx and Temporelx, [Page 32] being in the same Parlement, how that the Counseill of the seid Duc of York gretly desired to have answer of such writeing, as upon the xvj day of Octobre last passed was put into this present Par­lement, on the behalf of the seid Duc; and thereupon asked the seid Lordes what they thought was to be doon in that m [...]tier. To the which Question it was answered and thought by all the said Lordes, That the matter was so high, and of such might, that it was not to eny of the King's S [...]bge [...]s to enter into com­munication thereof, without his high com­maundement, agreement, and assent had therto. And fe [...]th [...]rmore forasmuch as the seid D [...]c d [...]sired and required brief and un [...]aied answere of the seid wryte­ing, and in eschneing and avoyding of g [...]ete and manyfold inconveniences, that weren lykly to ensue, if hastly provision of good answere in that behalfe were not had; it was thought and agreed by all the Lordes, that they all shuld goe unto the King to declare and open the seid matier unto h [...]s Highness, and to under­stand what his good G [...]ace wold to be doon se ther therin. And the uppon inconti­nent all the seid Lordes Spirituelx and Temporelx went unto the King's high p [...]e [...]ence, and therunto open [...]d and de­cla [...]ed the seid mat [...]er by the mouth of his seid Chauncellour of England; and the seid mate [...]r by the King's Highness herd and conceyved, It pleased him to pray and c [...]mmand all the se [...]d Lordes, that they shuld s [...]che for to fynde, in as m [...]ch as in them was, all such things as m [...]ght be objecte and laide a [...]enst the cleyme a [...] title of the seid Duc. And the seid L [...]rdes b [...]aught the King, that he wold remember him, yf he myght fynd eny resonable matier that myght be objected ayenst the seid cleym and title, in so moche as his seid Highness had seen and understonden many divers Writeings and Chronicles; wheruppon on the morne, the xviij day of Octobre, the xj day of this present Parlement, the foreseid Lordes sent for the King's Justices into the Parlement-chambre, to have their A­vis and Counseill in this behalf; and there delivered to them the writeing of the cleyme of the seid Duc, and in the King's name gave them straitely in commaun­dement, sadly to take avisament therin, And to serche and find all such obje­ctions, as myght be leyde ayenst the same in fortefying of the King's right.

Whereunto the same Justices, the Mon­day, the xx day of Octobre then next en­suing, for their aunswere upon the seid writeing to them delivered seiden, that they were the King's Justices, and have to determine such matiers as come before them in the Law; between partie and partie they mey not be of Counseill: An [...] sith this matier was betweene the King and the seid Duc of York as two pa [...]ties, and also it hath not be accustu­med to calle the Justices to Counseill in such matiers; and in especiall the matier was so high, and touched the King's high Estate and Regalie, which is above the law, and passed their lerning, wherefore they durst not enter into eny communication thereof, for it perteyned to the Lordes of the King's blode, and thapparage of this his lond, to have communication and medle in such matiers; And therefore they humble by sought all the Lordes, to have them utterly excused of any avyce or counseill by them to be yeven in that matier.

And then the seid Lordes considering the aunswere of the seid Juges, and en­tending to have the avice and good counseill of all the K ng's Counse [...]llours, sent for all the King's Sergeau [...]ts, and Attournay, and gave theym straight commaundement in the King's name, that they sadly and avisely shuld serche and seke all such things, as might be best and strengest to be allegged for the King's availe, in objection and deferyng of the seid title and cleyme of the seid Duc.

Whereunto the seid Sergeaunts and Attourney, the Wensday then next en­suring, answered and seiden, that the seid matier was put unto the King's [Page 33] Justices, and how the Monday last passed the same Justices seiden, and declared to the seid Lo [...]des, that the seid matier was [...]oo high, and of so great wight, that it passed ther lerning; and also they durst not enter eny communication in that matier, to yeve any avyce or counsaill therein: And si h that the said matier was so high, that it passed the lerning of the Justices, it must needs excede ther lerning; and also they durst not enter eny communication in that matter, and pray­ed and besought all the Lord [...]s to have them excused of yevyng eny avyce or counsaill therin.

To whom it was aunswered, by the a­avys of all the Lordes, by the s [...]d Chaun­celler, that they mygh [...] not so be excu­sed, for they were the K [...]ng's pe [...]ticuler Couns [...]illers, and therfor [...] th [...]y had ther fees and wages: And as to that the seid Sergeaunts and Attourney seiden, that they were the King's Counsaillers in the Law, in such things as were under his auctorite, or [...]y Commissi [...]n; but this mat [...]er was above his auct [...]ite, wherin they myght not medle, and humbly be­sought the seid Lordes to have them excu [...]ed of yevyng eny counsaill in that matier: and it was aunswered them a­gayn, that the Lordes wuld not hold them excused, but let the King's High­ness have knowleche what they said; and theruppon the seid Chaunceller re­membred the Lordes Spirituelx and T [...]m­perelx of the seyings and excuses of the Justices, and seyings and excuses of the Sergeaunts and Attourney, and also the grete commaundement of the King's High­ness, that they had, to find all such obje­ctions, as myght be moost mighty to defend the King's right and title, and to defete the title and cleyme of the seid Duk of York; And also that the King myght understond, that the seid Lordes diden their true and faithful devoire and ac­quitall in the seid matier, desired all the Lordes that every of them shuld sey what he cowed sey in fortefying the King's title, and in defeteing of the cleyme of the seid Duc: And than it was agreed by all the Lordes, that every Lorde shuld have his fredome to sey wh [...]t he wold sey, with­out eny reporting or magre to be had for his seying; And theruppon after the seiyng of all the Lordes every after other, It was concluded that thes matiers and articles, here undrewriten, shuld be aleg­ged and objecte ayenst the seid cleyme and title of the seid Duc.

First, It is thought,Objectio contra ti­tulum prae­dictum. that the Lordes of this Lond must needs call to their re­membraunces, the grete othes the which they have made to the King our Soveraigne Lorde, the which may be leyde to the 1 seid Due of York; and that the Lordes may not breke th [...]o othes.

Item. It is thought also, that it is to 2 be called to remembraunce the grete and notable Acts of Parlements, made in di­vers Parlements of divers of the King's Progeni [...]urs, The which Acts be suffi­cient and resonable to be l [...]yd againe the title of the seid Duc of York. The which Acts been of moche more auctorite than eny Cronicle, And also of auctorite to de­fete eny manner of title be made to eny persone.

Item, It is thought, that there is to 3 be leyd agayn the s [...]id title divers entaills made to the heires males, as for the Corone of Englond, as it may appere by divers Cronicles and Parlements.

Item, It is thought, yf the seid Duc 4 shu'd make eny title or cleyme by the Lyne of Sir Leonell, that the same Duc shuld bere the Armes of the same Leo­nell, and not the Armes of Edmund Lang­ley, late Duc of York.

Item, It is to be allegged agen the 5 title of the seid Duc, that the time that King Herry the fourth toke upon him the Corone of Englond, he said he entred and toke upon him the Corone as right en­heriter to King Herry the third, and not as a Conquerour.

To the which Articles the seid Duc of York gave his answeres in writeing as folowen.

Responsio­nes praefati Ducis ad Objectiones tituli sui praedicti.Here under folowen the answeres of Richard Plantagenet, called comonly Duc of York, &c. to certain raisons and colours alleged, as it is said, ayenst the matier of his right and title, &c.

First, Where it is said, that it is thought,n. 14. that the Lordes must nedes calle to their remembraunce the grete Othes which they have made to the King, which may be leid to the seid Duc, and that they may not breke thoo othes.

The seid Richard aunswereth and saith, that every man, under the peyne of ever­lasting dampnation, is bounde to obey to the lawe and commaundements of God, by the which lawe and commaun­dements trouth and justice owe to be preferred and observed, and untrouth and injustice laid apart and repressed, and soe it is that of this bond, and due­tye of obedyence to Godd's lawe, noo man may discharge himself by his owne deede or act, promise or ooth, for elles of the contrary wold ensue innumerable in­conveniences; wherefore sith it is soe, that the matier of the title and cleyme of the seid Richard Plantagenet is open­ly true, and lawful, and grounded upon evident trouth and justice; It followeth, that man shuld have rather consideration to trouth, right and justice in this ma­tier accordingly with the will of the law of God, then to any promisse or ooth made by him to the contrarie, con­sidered namely that by the lawe and de­termination of holy Churche an ooth made by oo [...] persone unto the prejudice or hurt of an other, contrarie to trouth, justice and charity, in the which stan­deth the plenitude and perfection of Godd's lawe, is void and of noon effect, neither in eny wise obligatory; And that the vertue and nature of an ooth is to confirm trouth, and in no wyse to im­pugne it; And over that by the ooth of feaute, homage, or ligeaunce, no man is bounden to any inconvenient or unlawfull thing; And how be it that this answer is [...]uffisaunt to all maner objections that may be made ayenst his cleyme and entent in this partie by reason or occa­sion of any ooth, yet natheless the seid Richard, for as much as the matier of othes is a matier spirituell, for more de­claration of his conscience, honesty and trouth in this partie, offreth himself re­dy to aunswer b [...]fore any Juge Spirituell, competent in place, and tyme covenable to all maner of men, that any thing woll purpose ayenst him in that behalf.

And to shew clerely, that lawfully withouten offence of God and conscience he may cleyme and pursue his right, and de­sire Justice, in such fourme as he dooth, and that all other persones, and namely the Peers and Lordes of this Reame may, and by the law of God and man ought to helpe, and assist him in trouth and justice, not­withstanding any ooth of feaute, or other by him or them here before made.

Over this, where it is thought also,n. 15. that it is to be called to remembraunce the grete and notable Acts of Parlement, made in dyvers Parlements of dyvers of the King's progenitours, the which actes been sufficient to be leyed ayenst the title of the seid Duc, and of more au­ctorite then eny Cronicle, And alsoe of auctorite to defete any maner title made to eny persone.

And also where 'tis said, that it is to be leyde ayenst the se [...]e title dyvers en­tailles made to the heirs males, as for the Corone of Englond, as it may appear by divers Cronicles and Parlements,

The s [...]id Richard Plantagin [...]t aunswe­reth and saith, that in trouth ther been noo such actes and tailles made by eny Parlement herebefore, as it is surmysed, but only in the vijth year of King Herry the fourth a certeyne act and ordinaunce was made in a Parlement, by him called, wherein he made the Rea [...]mes of Englond and F [...]aunce, amongs others, to be unto him, and to the heirs of his body comyng, and to his iiij sonnes, and the heires of their bodies commyng, in maner and forme as it appereth in the same act; And if he myght have obteigned and rejoysed the seid Corones, &c. by title of inheritaunce, [Page 35] discent, or succession, he neither neded, nor wold have desired, or m [...]de them to be graunted to him in such wise, as they be by the seid acte, The which ta­keth no place, nother is of eny force or ef­fect ayenst him, that is right enheritor of the seid Corones, as it accordeth with Godd's lawe, and all natural lawes; how it be that all other actes and ordinaunces made in the seid Parlement, and sithen been good and s [...]ffisant ayenst all other persones.

n. 16. Item, Where it is thought, that if the seid Duc shuld make any title or cleyme by the line of Sir Leonell, he shuld bere the Armes of the same Sir Leonell, and not the Armes of Edmund Langley late Duc of Y [...]k.

The seid Duc aunswereth, and saith, that trouth is, he myght lawfully have borne the Armes of the seid Sir Leonell here bisore, and also the same Armes that King Edward the third bare, that is to say the Armes of the Reaumes of Eng­lond and of Fraunce, but he absteyned of beryng of the seid Armes, like as he absteigned for the t [...]me of purposyng, and pursuing of his right and title, &c. for causes not inknowen to all this Reaume; for though right for a time rest, and bee put to scilence, yet it roteth not, ner shall not perish.

n. 17. Item, Where it is alleged ayenst the title of the seid Duc, that the seid Her­ry of Derby, at such tyme as he toke uppon him the Corone of Englond, said, that he entred and toke the same Corone uppon him as right enheritour to King Herry the third, and not as a Conquerour.

The seid Duc therto saith, that such saying of the seid King Herry the fourth may in noo wise be true, and that the contrarie therof, which is trouth, shall be largely ynough shewed, approved, and justefyed by sufficiaunt auctorite, and matier of record: And over that, that his seid saying, was oonly to shadow, and colour fraudulently his seid unright­wyse, and violent usurpation, And by that moyen to abuse deceyvably the people ston­ding about him.

Item, The Saturday, n. 18. the xvij day of this present Parlement, it was shewed unto the Lords Spirituelx and Tempo­relx, being in this present Parlement, by the mouth of the seid Chaunceller, that the seid Duc of York called besily, to have hasty and spedy aunswere of such matiers, as touched his title aboveseid; And how that for as moche as it is thought by all the Lordes, that the title of the seid Duc cannot be defeted; and in eschewing of the grete inconvenients that may ensue, a meane was found to save the King's honour and astate, and to appease the seid Duc if he wold, which is this; That the King shall keep the Corones, and his [...]state, and dignity roiall, duryng his lyfe, and the seid Duc, and his heirs, to succede him in the same; Exhorting and stering all the seid Lordes, that if eny of them cowde finde eny other or better meane, that it might be shewed; whereuppon after sad and ripe commu­nication in this matier had, it was con­cluded and agreed by all the seid Lordes, that sith it was soo, that the title of the seid Duc of York cannot be defeted, and in eschuing the grete inconvenients that myght ensue, to take the meane above-re­hersed, The othes that the seid Lordes had made unto the King's Highness at Coven­tre, and other places saved, and their con­sciences therin clered; and over that it was agreed by the seid Lordes, that the seid meane shuld be opened and declared to the King's Highness: And forthwith they went towards the King, where he was in his Chambre, within his Palice of Westminster; and in their goyng out of the Parlement-chambre, the seid Chaun­celler asked of the seid Lordes, that sith it was soo, that the seid mean shuld be opened by his mouth to the King's good Grace, yf they wold abide by him how­soever that the King toke the matier, and all they aunswered and said, Yee.

All these premisses thus shewed and opened to the King's Highness, he in­spired with the grace of the Holy Goost, and in eschuying of effusion of Christien [Page 36] blode, by goode and sad deliveration, and avyce had with all his Lordes Spiri­tuelx and Temporelx, condescended to acord to be made betweene him, and the seid Duc, and to be auctorized by thau­ctoryte of this present Pa [...]lement; The tenour of which accord hereafter ensueth in maner and forme following.

Concordia facta inter Regem & p aefatum D [...]cem. n. 19.Blessed be Jesu, in whos hand and bountie restith, and is the peas and uni­tee betwixt Princes, and the wele of eve­ry Reaume; thurgh whos direction a­greed it is, appointed, and accorded as followeth, Betwixt the moost mighty Prynce, King H [...]rry the sext, King of Englond, and of Fraunce, and Lorde of Irelond, on that oon partie; and the right high, and mighty Prince, Richard Plan [...]aginet, Duc of York, on that other partie, upon certaine matiers of va­riaunce moeved betwixt them, and in especiall upon the cleyme and title unto the Corones of Englond, and of Fraunce, and roiall power, estate, and dignite ap­perteigning to the same, and Lordship of Irelond, opened, shewed, and decla­red by the seid Duc afore all the Lordes Spirituelx and Temperelx, being in this present Parlement, The seid agrement, appointment, and accord to be auctorised by the same Parlement.

This is the same ver­batim with the Wri­ting put in [...]o the Parlia­ment, n. 11. First, Where the seid Richard Duc of York hath declared, and opened as above, his seid title and cleyme in manere as followeth; That the right noble, and worthy Prince, Herry, King of Englond, the third, had issue, and leefully gate Edward his first begoten Sonne, born at Westminster, the XV Kalends of Juyll, in the Vigill of St. Marc and Mercellian, the yere of our Lorde MCCXXXIX. and Edmund his secund Sonne, which was borne on St. Marcell day, the yere of our Lorde MCCXLV. The which Edward, af [...]er the deth of the seid King Herry his Fader, entitled and called King Edward the first, had Issue Edward his fir [...] begotten Son, entitled and called, after the decesse of the seid first Edward his fader, King Edward the secund; which had Issue, and leefully gate the right noble, and honourable Prynce, Edward the third, the t [...]ue and undoubt­ed King of Englond, and of Fraunce, and Lorde of Irelond; which Edward the third, true and undoubted King of Eng­lond, and of Fraunce, and Lorde of Ire­lond, had Issue and leefully gate Edward his first b [...]goten sonne, Prince of Wales, William Hatfeld secund begotten, Leo­nell third begoten Duc of Clarence, John of Gaunt fourth begoten Duc of Lanca­ster, Edmund Langley fi [...]h goten Duc of Yorke, Thomas W d [...]stoke sixt goten Duc of Gloue, and William Windsore the se­venth goten; The seid Edward Prynce of W [...]es, which dyed in the lyfe of the seid Edward King, had Issue and leeful­ly gate Richard, the which succeeded the same Edward King, his Grauntfi [...]e, in roiall Dignite, entitled and called King Richard the secund, and dyed without Issue. William Hatfeld, the secund go­ten sonne of the seid Edward King, dyed without Issue. Leonell, the third goten sonne of the same Edward King, D [...]c of Clarence, had Issue, and leefully gate Ph [...]lippe his only daughter and heir, which by the Sacrament of Matrimonie copled unto Edmund Mortymer Erle of Marche, had Issue, and leefully bore R [...] ­ger Mortymer Erle of Marche, his sonne and hei [...]e; which Roger Erle of Marche had Issue, and le [...]fully gate Edmond Erle of Marche, Roger Mortymer, Anne, and Alianore; which Edmund, Roger, and Alianore dyed without Issue, and the seid Anne under the Sacrament of Matri­monie copled unto Richard Erle of Cam­brigge, the sonne of the seid Edmund Langley, the fift goten sonne of the seid King Edward, as it is afore specified, had Issue, and leefully bare Richard Plantaginet, commonly called Duc of York: The seid John of Gaunt, the fourth goten sonne of the seid King Edward, and the younger Brother of the seid Leo­nell, had Issue, and leefully gate Henry Erle of Derby, which incontinent, after the time that the seid King Richard [Page 37] resigned the Corones of the seid Reaumes, and the seid Lordship of Irelond, un­rightwisely entred upon the same, then beying on lyve Edmund Mortymer Erle of Marche, sonne to Roger Mortymer Erle of Marche, sonne and heir of the said Phelippe, daughter and heir of the seid Sir Leonell, the third sonne of the seid King Edward the third; to the which Edmund the right and title of the seid Corones and Lordship by lawe and custome belonged.

To the which Richard Duc of York, as sonne to Anne, daughter to Roger Mor­tymer Erle of Marche, sonne and heir to the seid Phelippe, daughter and heir to the seid Leonell, the third goten sonne of the seid King Edward the third, the right title, dignite roiall, and estate of the Corones of the Reaumes of Englond, and of Fraunce, and of the Lordship and lond of Irelond, of right, lawe, and cu­stume apperteigneth, and belongeth, afore eny issue of the seid John of Gaunt, the fourth goten sonne of the seid King Ed­ward.

n. 20.The seid title natheless notwithstan­ding, and without prejudice of the same, The seid Richard Duc of York, tenderly desireyng the wele, rest, and prosperite of this lond, and to set apart all that, that myght be trouble to the same; and conside­ring the possession of the seid King Herry the sixt, and that he hath for his time be named, taken, and reputed King of Eng­lond, and of Fraunce, and Lorde of Ire­lond, is content, agreeth, and consenteth, that he be had, reputed, and taken, King of Englond, and of Fraunce, with the roiall estate, dignite, and pre-emi­nence belonging therto, and Lord of Irelond, duryng his lyfe naturall; and for that time the seid Duc, without hurt or prejudice of his seid right and title, shall take, worship, and honour him for his Soveraine Lorde.

n. 22. Item, It is accorded, appointed, and agreed, that the seid Richard Duc of Y [...]k rejoyse, be entitled, called, and reputed, from hens forth verrey and rightfull heire to the Corones, roiall e­state, dignite, and Lordship aboveseid; and after the decesse of the seid King Herry, or when he woll ley from him the seid Corones, estate, dignite, and Lordship, the seid Duc, and his heires, shall immediately succeed to the seid Co­rones, roiall estate, dignite, and Lord­ship.

Item, n. 25. For the more establishing the seid accord; It is appointed, and con­sented, that the Lordes Spirituelx and Temporelx, being in this present Parle­ment, shall make [...]oothes to accepte, take, wurship, and repute the seid Ri­chard Due of York, and his seid heires, as above is reherced; and kepe, observe, and strengthen, in as much as apper­teigneth unto them, all the things a­boveseid, and resist to their power all them that wull presume the contrary, according to their estates and degrees.

The King understanding certainly the seid title of the seid Richard Duc of York just, lawful, true, and suffisant;n. 27. by tha­vis and assent of the Lords Spirituelx and Temporelx, and Commons in this pre­sent Parlement assembled, and by aucto­rite of the same Parlement, declareth, approveth, and ratifieth, confermeth, and accepteth the seid title just, good, lawfull, and true, and therunto yeveth his assent, and agreement, of his f [...]e will and libertie. And over that, by the seid avis and auctorite, declareth, en­titleth, calleth, stablisheth, affermeth, and reputeth the seid Richard Duc of York verrey, true, and rightfull heire to the Corones, roiall estate and dignite of the Reaumes of Englond, and of Fraunce, and of the Lordship of Irelond aforeseid; and that according to the wurship and reverence that therto belongeth, he be taken, accepted, and reputed, in wur­ship and reverence, by all the States of the seid Reaume of Englond, and of all his Subgetts therof, saving and ordeign­ing by the same auctorite, the King to have the seid Corones, Reaumes, roiall, estate, dignite, and pre-eminence of the [Page 38] same, and the seid Lordship of Irelond, duryng his lyf naturall. And ferther­more, by the same avis and auctorite, wolle, consenteth, and agreeth, that af­ter his decesse, or when it shall please his Highness to ley from him the seid Corones, estate, dignite, and Lordship, or therof cesseth; The seid Richard Duc of York, and his heires, shall ymmediate­ly succeed him in the seid Corones, roiall estate, dignite, and Lordship, and them then have and joy, any Act of Parlement, Statute, O [...]dynaunce, or other thing, to the contrarie made, or interruption, or discontinuance of possession notwithston­ding. And moreover, by the seid avis and auctorite, stablisheth, graunteth, co [...]fermeth, approveth, ratifieth, and accepteth the seid accord, and all things therin conteyned; And thereunto freely and absolutely assenteth, and agreeth.

From this Record it is evident,

1. Richard Duke of York exhibited his bare Claim and Title to the Lords only.

2. R [...]chard Duke of York did not peti­tion the Lords. n. 11.

3. His Council only delivered in a W [...]iting, containing his Descent, and Title by Birthright, and Hereditary Suc­c [...]ssion, and nothing else.

4. The Matter was so high, the Lords could not answer it, nor enter into Com­munication thereof, without the King's Command, Agreement, and Assent.

5. The King consented, and prayed and commanded the Lords to search and find out what might be opposed to the Duke's Claim and Title.

6. They sent for the Judges, to ad­vise what might be said against the Duke, to fortifie the King's Right.

7. The Judges excused themselves, for that the matter was so high, and touch­ed the King's high Estate, and Regality, which was above the Law, and passed their Learning; wherefore they dare not enter into Communication thereof.

8. The Lo [...]ds, upo [...] this Answer of the Judges, sent for the King's Serjeants and Attorney, and gave them the same Command, who made the same Excuse the Judges had done; but the Lords would not take it: Whereupon the Ar­ticles and Reasons against the Duke's Claim and Title were exhibited, n. 13.

9.The Au­thour. p. 22, 23. That in the Articles and Reasons against the Duke's Claim and Title, the [...]e is not the least word of Phileppe's being illegitimate, or that her F [...]ther was di­vorc'd from her Mo [...]her; nor is there the least mention that the House of Lan­caster claimed by Prescription of sixty years Possession, (which comes from Do [...]eman, and the Authour is to find out both these things in the Parliament Rolls, or be guilty of downright Fals­hood; for he reports them both as plea­ded against the Duke's Title. As to the first, there needed no other Argument, if it had been insisted on, and could have been made good: And as to the second, neither was it insisted on, or mentioned, as was said before; and if it had, N [...]l­lum tempus occurrit Regi would have been a sure Rule in this Case: For it is absurd to think that Prescription, at least so sh [...]t a Prescription as this, could justifi [...] a wrong, and make a Title in this Case; for there is another Rule of Law, Non confi [...]matur Tractu temporis, quod de jure non subsistit; no length of time makes that lawfull which was not so from the beginning. If there be a right Heir of the Crown, that claims or else would claim, but that he wants either notice of his Right and Title, or Power to make it good, or forbears to claim for other sufficient Reasons,Vide n. 16. here Prescription signifies nothing.

10. It was allowed, at least not con­tradicted, that all Persons, and namely the Peers and Lords, might, and by the Laws or God and Man ought to help and assist him in Truth and Justice. n. 14.

11. It was the Judgme [...]t of all the Lords, that the Title of the Duke, which was onely Succession by Birthright, and Proximity of Bloud, could not be defea­ted.

12. That Richard Duke of York was by King Henry, and the Lords, acknow­ledged as very and rightfull Heir to the C [...]own, and that he was so to be cal­led.

13. That the mean found out to save the King's Honour, and appease the Duke, if he would, was not, or could be imposed or forced upon him, but he was at liberty to accept or refuse it, and was no ways bound, but by his own co [...]sent n. 18.

14 The Oath that Richard Duke of Y [...]rk took, was in pursuance of the A­greement; and any man may lawfully take an Oath to make good a Bargain, where no man receives Injury but him­self; and so with his consent that is in­jured, any other Person concerned in the Agreement, may swear to the observa­tion of it.

Pag. 24.Lastly, The Weal, Rest, and Prospe­rity of the Land (which the Authour calls the Publick Good) followed this A­greement; and the Reason was, that the C [...]own was restored to the right Heir; whereupon all Murmuring, Hatred; S [...]e, and Contention amongst the Peo­ple, and Evil-will and Contrivances a­gains [...] one another ceased.

These are all the Instances the Au­thour useth; yet two are wanting, the Successions of Edward III. and Hen. IV. but seeing he may have peru [...]ed an ex­cellent Treatise, bearing the Title of the Grand Question, he may haply be convinced by what the learned Authour hath said,Pag. 80, 81 83, 85, 86. that they were both Ʋsurpers; the first during his Father's Life, the se­cond from the very time he took upon him Kingship.

The Authour's Words, p. 29, 30.

There are three sorts of Persons may be said to have Possession of the Crown, an Ʋsurper, a King de jure, and a King de facto; and because the Distinction be­tewen these doth not seem to be well un­derstood, I shall briefly explain it.

1. An Ʋsurper is one that comes in by force, and continues by force.

2. A King de facto is one, who comes in by consent of the Nation, but not by virtue of an immediate hereditary right.

3. A King de jure is one, who comes in by Lineal Descent as next Heir; and whose Right is owned, and recognised by the Estates of the Realm.

The Authour may make what verbal, frivolous Distinction he pleases between a King de facto and an Usurper, yet de facto they are the very same. Let him shew an Example in this Nation, if he can, of a King de facto set up without an Army or Force; or of an Usurper that came in by Force, who did not make the Nation own him; and though he took upon him the Name and Title by force, and the assistance of a Party, yet afterwards made the States and Peo­ple consent to it. Was not Edward II. made Prisoner by an Army, and after­ward deposed; and Edward III. in his Father's lifetime, set up by such as were under the power of that Army? And Henry IV. set up by such as acted, and were under the power of that Force? Our Laws make no difference betwen an Ʋsurper, and a King de facto according to the Author's description.

The Author's Words, pag. 32.

A King de facto, according to our Law, (as I said,) is one in quiet possession of the Crown, by Consent of Parliament, with­out hereditary Right; such as Henry IV. V. VI. VII. were all thought to be by those who made this Distinction. For, as far as I can find, the Distinction of a King de facto, and de jure, was then started, when the House of York so much insisted on their hereditary Right, and so many of our Kings had governed the Kingdom by Consent with­out it; therefore the Lawyers, to find a sufficient Salvo for the Kings of the House of Lancaster, framed this Distinction of Kings de facto, and de jure.

Records, Law, and History.

Rot. Parl. 1. Ed. IV. n. 8.In the First of Edward IV. the Com­mons exhibit a Petition in Parliament, wherein they set forth his Title by Birth­right, and Proximity of Blood; and say, Richard II. was lawfully, rightly, and just­ly seated and possessed of the Corone of Englond, Roiall Power, Estate, Dignite, Pre-eminence, Governaunce, and Lord­ship of Irelond, and the same joyed in rest and quiet, without interruption or molestation,Ibid. n. 9. unto the time that Hen­ry late E [...]le of Derby, sonne of John of Gaunt, the fourth goten sonne of King Edward III. and younger brother of Leo­nell, temerously, ay [...]nst rightwiseness, and justice, by force and armes, ayenst his fe [...]th and ligeance, rered-werre at Flynt in W [...]les, ayenst the seid King Richard; him toke, and imp [...]esoned in the Towre of London of grete violence. And the sam [...] King Richard so being in prison, and lyvying, usurped and intruded upon the Roiall Power, Estate, Dignity, Pre­eminence, possessions, and Lordships a­foreseid; taking upon him usurpously the Corone and name of King and Lord of the same Reaume and Lordship; and not therwith satisfied or content, but more grevous thyng attempting wykidly, of an unnatural, unmanly, and cruel Ty­ranny, the same King Richard, King e­noynted, coroned, and consecrate, and his Liege and most high Lord in the E [...]th, ayenst God's Law, Manne's Li­geance, and O [...]ch of Fidelite, with utter­most pu [...]icion attormenting, murdered with most vyle, heynous, and lamentable death.

Ibid. n. 10.And that the same Henry unrightwise­ly, ayenst Lawe, Conscience, and Custume of the seid Reaume of Englond, usurped upon the seid Corone and Lordship. And that he, and also Henry, late called King Henry V. his son [...]e, and the seid Henry, late called King Henry VI. the sonne of the seid Henry, late called King Henry V. occupied the seid Reaume of Englond, and Lordship of Irelond, and exercised the governaunce therof by unrightwise intrusion, and usurpation, and in noon otherwise.

'Tis true, the Distinction of a King de facto, and de jure, was first heard of in this very Parliament, which declared the he­reditary Right of the House of York, in in the First of Edward IV. cap. 1. in print; which agrees with the Record in the Parliament-Roll, n. 41. and not be­fore; but not started then by the Law­yers, to fi [...]d a sufficient Salvo for the Kings of the House of Lancaster; but an Expression intended by Parliament (be­fore they used it) to denote and make known an unlawful, pretended, or pre­tensed K [...]ng, that had not obtained the Crown by just Title; or to signifie an Usurper, by way of Antithesis, or Contradistinction to a K ng de jure, or in Right. For this very Parliament, that had declared Henry IV. V. VI. Usur­pers, calls them all, in this Act, or Sta­tute, Kings de facto; or in Deed, and not in Right; and their Reigns, preten­sed Reigns; and very often affi [...]ms them to be but pretensed Kings, such as did not reign lawfully, nor possess the Crown by just Title. And that this was the in­tention of the Parliament in the use of this Expression, the Statute it self will inform the Author, or any indifferent Reader that will peruse it.

The Lawyers did not comment or de­scant upon these Words, or declare what power a King de facto had, before Easter-Term, in the Ninth of Edward IV. and then they acknowledge Henry VI. King de facto in the Instance, to have been an Usurper, and that he was not King, forsque per usurpacion, but by Usurpa­tion. This Ninth of Edward IV. was a troublesome Year, and Make-king War­wick, in all probability, with many o­thers of the Nobility, were at this very time contriving against him, and to re­inthrone King Henry; for in July fol­lowing he was in ope [...] Rebellion against King Edward, and about the end of that [Page 41] Month, or beginning of August, mad [...] him Prisoner; who soon made his E­scape, left the Nation, and went into Holland, &c and on the sixth of October, in that Year, Henry VI. was restored. The Earl of Warwick was popular, al­most beyond Imagination; and proba­bly the Lawyers, during the Contrivance, when th [...]y saw the People move that way, might start such Notions about the Power of a King de facto, as might encourage the Undertaking of W [...]wick and his Friends, for Henry VI. against Edward IV. 'Tis observable, that the Judges did not argue, or give any Opi­nion in this Case, but only the Serjeants and Apprentices of the Law, as appears in the C [...]se it self.Third In­stitut. fol. 7. Sir Edward Coke hath out-done the Year-Book, 9. Ed. IV. Term. Pasch. concerning whole Opinion, the Author may read Mr. Pryn, Pag. 482, &c. in his Plea for the Ho [...]se of Lords. This is a brief Account of a King de facto, and the Ori­gin of the Expression; by which it is most manifest, that by the Parliament-Roll, the Statute and Case of the Ninth of Edward IV. he is no other than a pre­tensed, unlawful King, and an Usurper, though set up as the three Henries were; and therefore the pretended Distinction is idle, as may also further appear by the following Statute; which, because not common, is here recited at large.

Statutes at large, 17. Ed. IV. c. 7. Item, Whereas in the most dolorous Absence of ou [...] Soveraign Lord the King out of this his Realm, being in the par­ties of Holland, and before his victorious Regress into the same Realm,Rot. Parl. 17. Ed. IV. n. 34 This Writ of Sum­mons to the Parlia­ment is dated, 15. Octobr. Rot. Cl. 49. Hen. VI. M. 6. Dors. in a pre­tensed Parliament unlawfully, and by u­surped Power, summoned by the Rebel and Enemy to our Sovereign Lord the King, Henry VI. late in Deed, and not of Right, King of England, holden in the Palace of Westminster, the 26th Day of No­vember, in the Ninth Year of our Sove­reign Lord the King that now is, under the coloured Title of the said Henry, the Forty ninth Year of the Incoation of his pretensed Reign, and the First Year of the Readeption of his usurped Power and Estate, divers and many Matters were treated, communed, wrought to the de­struction and disherison of our Sovereign Lord the King, and his Blood Royal, by the Labou [...] and Exhortation of Persons not fearing God, nor willing to be under the Rule of any earthly Prince, but incli­ned of sensual Appetite to have the whole Governance and Rule of this Realm under their Power and Domina­tion: Which Communications, Treaties and Workings do remain in Writing, and some exemplified; whereby many In­conveniences may ensue to our said So­vereign Lord the King, and his Blood Royal, (which God defend,) and all Noblemen at this time attending about the King, and all his other Liege People and Subjects, unless due Remedy be pro­vided in this behalf. Our said Sovereign Lord the King, by the Assent of the Lords Spiritual and Temporal, and at the Request of the Commons in the said Parliament assembled, and by the Au­thority of the same, For the Surety of his noble Person, his noble Issue, and the inheritable Succession of the same; and for the Surety of all the Lords, Noble­men, and other his Servants and Sub­jects, hath ordained and stablished, that the said pretensed Parliament with all the Continuances and Circumstances de­pending upon the same, be void, and of none effect; and that all Acts, Statutes, Ordinances, Treats, Communications, Con­ventions and Worki [...]gs in the same pre­tensed Parliament treated, communed, ac­corded, wrought, had, or by Authority of the same Parliament enacted and or­dained; and all Exemplifications made upon the same, or any part of them, and every of them, shall be reversed, cancel­led, void, undone, revoked, repealed, and of no fo [...]ce, nor effect.

Henry VI. was a King de facto, accor­ding to the Author's Description, as well before, at, and after this Parliament, in the Ninth of Edward IV. and Forty ninth of Henry VI. and is said to be in this Statute; yet in all these Times he [Page 42] is declared an Ʋsurper, at this time a Rebel, and his Reign a pretensed Reign; and this Parliament is also declared a pretensed Parliament. Statutes at large, 1. H [...]n. VII. cap. 6. Richard III. was acknowledged to be a King, by a Par­liament of his own calling, and was, ac­cording to the Author's description, a King de facto; yet in the First of Hen­ry VII. he is declared an Ʋsurper of the Realm, and not so much as allowed the name of King, or pretensed King, in that Statute.

After the King de facto, and Ʋsurper, Enquiry is to be made what Right and Title a King de jure may pretend to the Crown, accordi [...]g to the Constitution, Law, and Statutes of th [...] Kingdom; and it appears by the following plain Proofs, that it is on [...]y by Descent, and not o [...]her­wise. This is an hereditary, successive Mo [...]archy; and immediately upon the Death o [...] Cession of th Predecessor, the Crown is vested in the lawful Successor by Inheritance and Proximity of Blood. Which appears,

1. By the Record before cited of the Comprom [...]se and Agreement between R [...]chard Duke of Yo k and Henry VI. in the Thi [...]ty [...]inth Y [...]ar of his R [...]ign, wherein he makes his Cla [...]m only by li­neal D [...]scent. He exhibited only a bare Title by Descent, and Proximity of B [...] od, which could not be denied; and upon such shewing of his Right, the L [...]rds concluded, it could not be defea­t [...]d,Rot. Parl. 1. Edw. IV. n. 10. This was p [...] t of the Pet [...]tion and Decla­ration of the Com­mons be­fore men­tioned, and p [...]ssed into an Act. n. 15. notwithstanding what King Henry's Council could say again [...] it.

2. By the R [...]cord of the First of Ed­ward IV. Th [...] Commyns being in this present Parlement, having sufficient and evident kn [...]wlege of the seid unright­w se Ʋsurpation, and Intrusion, by the s [...]id Henry late Erle of Derby, upon the s [...] C [...]rone of Englond; knowing also certai [...]ly, without doubte or ambiguite, th [...] Right and Title of our seid Soverayne Lord therunto true, and that by God's Law Manne's Law, and Law of Nature, he an [...] none other is and owe to be their true, rightwise, and natural Liege and Soveraign Lord; and that he was in Right from the deth of the seid noble and famous P [...]i [...]ce his Fader, very just King of the seid Reaume of England. And yet his Father was never poss [...]ssed of the Crown.

3.Ibid. n. 10. And that the Takeing of Posses­sion, and Entree into the Exercise of the Roiall Estate, Dignite, Reign, and Governaunce of the seid Reaume of Englond, and Lordship of Irelond, of our seid Soverayne Liege Lord King Ed­ward IV. the seid 4th Day of March; That Day he took Possession of the Crown and Go­vernment. Ibid. n. 11. and the Amocion of the seid Henry, late called King Henry VI. from the Exer­cise, Occupa [...]ion, Usurpation, Intrusion, Reigne, and G [...]vernaunce of the seid Reaume and Lordship doon by our seid Soverayne, and L ege Lord King Ed­ward IV. the seid 4th Day of March, was and is rightwi [...]e, lawfull, and accor­ding to the Lawes and Cu [...]umes of the seid Reaume, and soe owe to be taken, holden, reputed, and accep ed. And over that, that our seid Sov [...]rayne, and Liege Lord King E [...]ward IV. the seid 4 h Day of March, was lawfully sea­ [...]ed and possessed of the seid Corone of Englond in his seid Right and Title; and from thencefor [...]h h [...]ve to hym and his Heires, K ngs of E [...]glond, all such Manners, Castells, Lordships, Honoures, Londs, Tenements, Rentes, Services, Fees, Fee-farm Rentes, Knights F [...]es, Avousons, Gyftes of Offices, to yere at his pleasure, Feires, Markets, Iss es, Fynes and Amerciamentes, Libertees, Franchises, Prerogatifs, E [...]chetes, Cu­stumes, Reversions, Remey [...]ders, and all other Hereditamentes with her Ap­purtenaunces, whatsoever they b [...], in Englond, Wales, and Irelond, and in [...]a­leys, and the Marches therof, as the seid King Richard had in the Fe [...] of S. Mat­thew the Apostle, (about three Weeks before he was deposed) the Twenty third Yere of his Reigne, in the Right and T [...]tle of the Corone of Englond, and Lordship of I [...]elond; and sh [...]ld, af [...]er his Decesse, have descended to the s [...]id [Page 43] Edmund Mortymer Erle of Marche, Sonne of the seid Roger Mortymer Erle of Marche, as to the next Heire of Blode of the same King Richard, after his deth, yf the seid Usurpation had not been committed; or after the seid Ed­mund, to his next Heire of Blode, by the Lawe and Custume of the seid Reaume of Englond.

4. The general Opinion of the N [...]tion in these Times, that the Right and Title to the Crown was by Inheritance only, and Proximity of Blood, caused Henry IV. [...]o claim it,Rot. Par [...]. 1. Hen. IV. n. 53. Rot. Parl. 1 R [...]c. III. in Exact Abridg­ment fol. 712 713, 714. als descendit be ryght Lyne of the Bl [...]de, comeynge fro the gude Lord Henry Therde.

And for the same Reason, Richard III. was by the three Estates, that is to say, the Lords Spi itual and Temporal, and Commons, in Parliament assembled, de­clared to be undoubted Heir of Richard Duke of York, Father to Edward IV. ve­ry Inheriter of the Crown of England, and Dignity Royal, and, as in Right, King o [...] England by way of Inheritance. T [...] ssel's C [...]nt [...]n. fol. 231. All this was insinuated by himself, in his Answer to Buckingham's Speech, when he took upon him Kingship. Likewise Henry VII. upon the same Account, pre­fers his Title by Conquest and Succes­sion before that by Act of Parliament, which Pope Innocent VIII.In Cotton's Library, Cleopatra, E. 3. in his Bull of Confirmation of his Title, says, belonged to him, non modo jure belli, ac notorio & indubitato proximo successionis titulo, ve­rum etiam omnium Praelatorum, Proce­rum, Magnatum, Nobilium, totiusque e­jusdem regni plebis Electione, & noch & decreto statuto, & ordinatione ipsius An­gliae regni trium Statuum in ipsorum Conventu Parlamento nuncupato: Bacon's History of Henry VII. f. 1. & 3. Not only by Right of War, (being saluted King by the Army in Bosworth-Field, and had there King Richard's ornamen­tal Crown put on by Sir William Stan­ley.) and the notorious and indubitable next Title of Succession; but also by the Election of all the Prelates, and Great Men of the who e Commonalty of the Kingdom of England, and by a known and decreed Statute and Ordinance of the three Estates of the same Kingdom of England, in their Meeting called a Parliament. But that he thought him­self most safe in the Pope's Confirma­tion is clear, for that in the Thirteenth Year of his Reign he procured the Bull to be renewed, and the Act of Parlia­ment confirmed, by Pope Alexander VI.Cotton, Lib. ut su­pra. under pain of Excommunication and Curse to such as should, upon any pre­tence whatsoever, disturb the Peace of the Nation, and create Troubles against the Title of Henry VII.

Henry VIII. in all his extravagant Acts concerning his Queens, and the Succession, founded them in pretended legal Proximity of Blood, according to the due course of Inheritance; the pre­tended want of which was the Ground and Suggestion still for passing those Acts. See 25 Hen. VIII. cap. 22. 28. Hen. VIII. cap. 7. And 35. Hen. VIII. cap. 1.

5.Statut. 1. Mar. Sess. 2. cap. 4. Where it hath pleased Almighty God, the 6th Day of July last past, to call out of this transitory Life, unto his Mercy, our late Sovereign Lord King Edward VI. by, and immediately after whose decease, the Imperial Crown of this Realm, with all Dignities, Dominion, H [...]nours, Pre-eminencies, Prerogatives, Stiles, Authorities, and Jurisdictions, to the same united, annexed, or belonging, did not only descend, remain and come unto our most dread Sovereign Lady the Queen's Majesty, but also the same was then immediately, and lawfully inv [...]sted, deemed and adj [...]dged in Her Highness's most Royal Person, by the due Course of Inheritance, and by the Laws and Sta­tutes of this R [...]alm.

6.Stat. 1. Jac. cap. 1. The Act of Recognition in the First of King James, doth not take notice of Henry VII. his Title, but of his Daugh­ter Margaret's, as descended from Eli­zabeth her Mother, Daughter and Heir to Edward IV. and declare, that he was lineally, rightfully and lawfully descended or the Body of the most excellent Lady [Page 44] Margaret, eldest Daughter of the most renowned King Henry VII. and the high and noble Princess Queen Elizabeth his Wife, eldest Daug [...]ter of King Ed­ward IV. In consideration whereof, the Parliament doth acknowledge King James their on [...]y rightful Liege Lord and Sovereign; and further say, as being bound thereunto both by the Laws of God and Man, they do recognize and ac­knowledge, that immediately upon the D [...]ssolution and Decease of Elizabeth late Queen of England, the Imperial Crown of the Realm of England, and all the King­doms, Dominions and Rights belong [...]ng to the same, did b [...] [...]erent Birth-right, and lawful and undoubted Succession, de­s [...]nd and come to His most Excellent Ma­jesty, as being linea [...]ly, justly and [...]lawfully next and sole Heir of the Blood Royal of this Realm; as it is aforesaid.

In the First of the same King, there was a Conspiracy formed against him, by Persons of divers Persuasions:Term. Mi [...]. 1. Jac. kept at Win­chester. Wat­son and Clerk, two Priests, pleaded it could not be Treason, because he was not crowned. All the Judges resolved, That King James being right Heir to the Crown by Descent, was immediately upon the death of Queen Elizabeth, actually p [...]ss [...]ssed of the Crown, and lawful K [...]ng of E [...]gland, before any Proclamation, or Coronation of him, which were but Ceremonies. For their Treason they were condemned, and executed at Winchester, the 29th of November.

These are impregnable Proofs from th [...] Constitution, Laws and Statutes of this Nation, what the Right and Title to the Crown is, and to whom the Suc­cession is due.

FINIS.

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