vernment, and that they are to adminifter the Laws and Justice according to the Rules and Directions of that Conftitution, and not that Kings hereby hall have a Warrant to be unjust, or govern arbitrarily.

But because there are fome Inftances where the Son has fucceeded to the Father, that therefore the Crown comes by defcent, I cannot grant; for this Iland has feldom been free from War, and then the People are not at leifure to regard every Particular of their Right, but are willing to have it at an end upon any terms, and are not then fo regardful under whom they enjoy their Liberties and Properties, as that they may have them: And hence it might come to pass, that the Son fucceeded the Father, as it befel in the cafe of Henry III. his Father K. John had been quarreling with his Barons, and they called in Lewis the F. Prince to their aid, and feveral fwore to him; but K. John dying, and the Nation being willing to be at reft, they chose rather to have Henry III. being a Child, whom they had hopes to train up in the Principles of an English King, than to admit Lewis,who was a Foreigner. Or elfe, that out of Gratitude to the memory of their deceafed King, who had done good things for the Nation, they chose his Son, believing him to inherit his Father's Vertues, and therefore deferved the Crown better than any other person: as it befel in the case of Edw. II. and Rich. II. and Hen. VI. who all deceiv'd them, and therefore were depofed. I think the reft of the Inftances where the Son has followed his Father into the Throne, are, where the Succeffion was continued to them by Act of Parliament, or by Election, in the life-time of the Father; as it happen'd in the case of Rich. I. and Edw. I. Aaaa 4

But

But I think it is without all dispute a known Custom in England, that where a man has any Estate either real or perfonal, if it came to him by Defcent, although he has no further power of it, yet during bis Life he may difpofe of it as to bim shall feem meet, and diveft himself of it to all intents and purposes = And therefore if the Crown of England comes by defcent, what hinders that he who enjoys it cannot alien or difpose of it during his own life? for whenever it has been attempted, the People has ftill oppofed it: as in the cafe of K. John, when he laid down the Crown at the Feet of Pandulphus the Pope's Legate, and he kept it three days for the Pope's ufe; this being done without the Confent of the Nation, the King was told, He could not make any conveyance of it without the leave of the People and although he had the Pope for his Second, who was obliged to stand by him in maintaining what he had done, not only out of the advantage he would gain hereby against King John and his Succeffors, but also to encourage his other Sons to the like Dutifulness and Obedience; yet the People were Victors, and the King fairly gave up the Cudgels: Which methinks clears the Point very well, for our Lawyers tell us, That a Prefident where the thing has been disputed, is worth a thousand where there was no Contest. I will give you another Inttance, though not the very fame, yet I think not impertinent to be mentioned. Q. Mary, upon her firft enjoyment of her Husband Philip, was very fond of him, and thinking nothing to be too good for him, she had a great defire to have him crowned, but notwithstanding her Importunities, the Parliament would not confent, and the never had her Defire: Whereas if the

Crown

Crown had come to her by defcent, the need not have asked the Parliament leave, nor had K. Jobn been to blame, to give away that which was abfolutely his own.

It is true, that in the life-time of H. II. his eldeft Son was crowned, but he first acquainted his Lords with his purpose, which implies, that he asked their confent, which is very probable, because they swore Allegiance to him; which they would never have done,had it not been with their good liking, for the Lords were more sturdy in thofe days than they are in ours, for they would yield no further than they saw there was Law and Reafon for it.

I have heard it objected, That the three Children of Hen. VIII. fucceeded to the Crown by his Will; it may be fo, and yet not clear the point, That the Crown comes by Inheritance; for Hen. VIII. had fhaken off the Pope's Authority, and the People might be very willing to accept his Son Edward for their King; and it had been a wonder if they had refused him, feeing he was a Proteftant, and one like to perfect the Reformation: But in his Succeffor Q, Mary we find the Prefident of bequeathing the Crown by Will overthrown; for Edw.VI. by his laft Will had given the Crown to Jane Seymour, and to make the thing more valid, he caused the Nobility, Bishops, and Judges to fet their Hands to it, and yet Q. Mary prevailed against this Will: but Arthur Son to Feoffery, who was Brother to Rich. I. and K. John, was not only Son to the elder Brother, but was defigned by Rich. I. to be his Succeffor to the Crown: So that if any thing would have prevailed against the Ele&tion of the People, without doubt Arthur would

have had the Crown, and John must have waited longer.

But if the Crown of England comes by Defcent or Inheritance, I defire to ask by what Title all the Kings and Queens fince the Conqueft have poffeffed the Throne; for no man can have the face to fay, that the firft William came in by Defcent, but that his Title was either by Election, Conquest, or Vfurpation, and all that have fucceeded him out of his Loins are upon the fame bottom with him; and if his Title was not by Election, then he and all his Succeffors can be termed nothing but Vsurpers, who came in by force, and have maintained it by might against Law: for it is very well known, that a Poffeffion which is illegal at first cannot be better by continuing it; nor does it mend the matter, if they hold it never fo long, the Right remains the fame. And therefore having faid this, I do prefume it will be as difficult to understand those things mentioned in the 30th Chapter of Proverbs, Verfe the 19th. as it is to prove that the Crown of England comes by Defcent. But poffibly, when there fhall be a Man so much wifer than Solomon, that can unriddle those four things, he may be able to clear this firft, and refolve all other Doubts that may be proposed to him: but till that be, I hope the People will hold their Right in difpofing of the Crown, and not be bound to admit the next of Blood, if he be not fit for it.

I will now, Sir, proceed to your fecond Demand, Whether the Duke ought to be excluded; and to that I do answer affirmatively, That he ought to be fet afide; for if he had not deferved it very

just

juftly, the late Houfe of Commons would not have been fo vigorous and intent upon the Bill, neither would the preceding mercinary House of Commons have faid a word against him, if his Faults had not been very plain: but the whole thing is fo evident, that there needs nothing more to enforce the Reafons for his exclufion; for, Is it a fmall thing to hold a Correspondence with the Pope and the French King, the two great Enemies to our Religion and Government? to procure Pardons for Papifts, and keeping none about bim but Papifts, or Popishly affected? to prevail with the King to adjourn, prorogue and diffolve Parliaments when they were doing things of the greatest moment for the Nation, and on purpofe to defeat thofe very matters they badin band? If hewill adventure to do these things whilt he is a Subject, what may we not juftly. expect from him if he happen to be King?

But notwithstanding all this, fome will fay, That the Word of God will not allow us to put by the next Heir to the Crown, be he what he will, becaufe by Mofes's Law the next of Blood must inhe rit: Truly I am for that too when we are in a good Breed, but as our Cafe ftands I cannot yield to it. But, under favour, I conceive, that this Text alfo obliges no otherwife than according to the conftitution of every Government: for if the Mofaick Law be our Direction,then the Duke will be King of a third part of these Dominions before his Brother is dead, for by that Law the Eldeft was only to have a double Portion, and no more; and then, I pray, what Abfurdities will follow upon this Doctrine? But it is moft plain, that this Law related only to private Families, and had no regard to the fetting up or pulling down of Kings,

for