The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same.

About this Item

Title
The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same.
Author
Lawrence, William, 1613 or 14-1681 or 2.
Publication
London :: [s.n.],
1681.
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Subject terms
Kenneth -- III, -- King of Scotland, -- d. 1005?
Malcolm -- II, -- King of Scotland, -- ca. 953-1034.
Primogeniture -- Early works to 1800.
Great Britain -- Kings and rulers -- Succession.
Cite this Item
"The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A49781.0001.001. University of Michigan Library Digital Collections. Accessed May 2, 2024.

Pages

Object. 6. Queen Elizabeth Refused to Declare a Successor.

Osburne saith, The proposing any thing of Declaring a Suc∣cessor was so ingrateful to Queen Elizabeth, that the moving of the same cost Pigot and Wentmorth their Liberty, though they proposed it in Parliament, and others Dearer: what were her Reasons against it, may be partly drawn from Buchanan, Lib. 17. p. 603. who saith, on an Embassy sent from Scotland

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to her, to desire she would Declare Mary Queen of Scots Suc∣cessor to the Kingdom of England; to which he saith, Queen Elizabeth, p. 606. answered to this Effect:

There are many Reasons, saith she, draw me away from this Transaction.

Primum quod non ignorem quam sit periculosum hanc mo∣vere camarimam ac jure mihi semper abstinuisse videor ne jus Regni in disceptationem vocarem: Toties enim jam Sermonibus multorum Jactata est Controversia de Matrimonio justo de{que} nothis & Legitimis Liberis, dum pro ingenio quis{que} aut huic aut illi parti studet, ut & ego ipsa hactenus ob has Disputationes ad nubendum suerim Cunctatior, &c.

First, I am not Ignorant how dangerous it is to move this Conten∣tion, and I seem to my self most Justly to abstain from Calling a Kingdom in Possession into Dispute concerning the Right; for it is so often already Controverted what is Lawful Matrimony, who are Le∣gitimate, and who are Illegitimate Children, according to every man's Opinion, and as he favours this or that Party, That I my self by Reason of these Disputes, have been hitherto more slow to Marry; once when I Publickly received the Crown, I was Married to my Kingdom, and as a pledge of which I always wear this Ring: And howsoever these Affairs stand, I will as long as I live be Queen of England; when I am dead, let who hath the best Right be my Successor. If your Queen is she, I will no way be against her; if another hath Right, I will not do him wrong: If there is a Law against your Queen, it is unknown to me; for I do not make willingly any curious Inquisition after this matter: But if there is any such Law, I took an Oath when I took the Kingdom, that I will not Change my Subjects Laws without their assent. But as to what you have alleadged in the second place, That this Declaring a Successor will contract a straighter Friendship between us, I rather fear it will sow hatred; for do you think that I shall take any Delight to have my Funeral prepared always set before me? It is a Peculiar of Kings, that they have no friendly mind to Children, who by Birth-right claim to be their Successors when they are dead. Of what mind was Charles the Seventh the French King, against Lewis the Eleventh, and he against Charles the Eighth, or Francis

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lately against Henry? Of what mind therefore is it likely I shall be against my Neighbour, when once Declared my Successor? To this may be added what I think of very great weight, I know the Peo∣ples inconstancy; I know how full they are of the present state of things; I know what prying eyes they have into the next Successor; I know it is natural for more to adore the Rising than the Setting Sun; And, to omit other Examples, I have seen enough in my own Time, when my Sister Mary held the Kingdom, what Prayers and they make to see me set in her Throne? With what eagerness were my Concerns carried on; neither am Ignorant to undergo what dangers they would have hazarded, if I would have joyned with them accord∣ing to their desire: But now perhaps the same Men have not the same Mind towards me, Like Children who in sleep rejoyce for Ap∣ples off'red them in a Dream, and presently awaked in the Morning, when deceived in their hopes, Change their Joy into Weeping. So they who with great Good will applied to me while I was called Eli∣zabeth; and if I beheld any with a more smiling Countenance, they forthwith thought with themselves, that as soon as I obtained the Kingdom, they should be rewarded rather according to the mea∣sure of their Desires, than of the good they had done me; but now when the Event answers not their Expectation, many of them would be ready to Change to any state of things, so they might but gain a better fortune: For no Riches of any Prince though never so great, are sufficient to satisfie the insatiable desires of Men. Now if the affections of our People will Languish, either for Moderate gifts, or any other Light cause, what will such Malevalents do, if they have a certain Successor, to whom to carry their grie∣vances, or go themselves, when they are angry? In what Dan∣ger do you think I shall be near so Potent a Prince my Suc∣cessor, to whom how much strength I add, so much I take from my own Security. This Danger by no Cautions or Bonds of Laws can be averted, neither will Princes who fail of their hopes of a Kingdom, easily contain themselves within the Bounds of Right and Equity. And for my own Part, if the world were certain of my Successor, I shall never think my Affairs in Safety.

We see here the very Considerations we are now on, of Declaring a Successor, is in Debate by Embassador be∣tween these two great Queens, Elizabeth of England, and

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Mary of Scotland. One the Head of the Protestants; the other of the Papists in their two Kingdoms. Queen Elizabeth was the Lineal Heir to the Kingdom of England to the last Posses∣sor; Queen Mary derived her self to be the Collateral. Queen Elizabeth, as it is before mentioned, had been De∣clared Illegitimate by the Pope and Popish Laws and Canons, and by her own Father; And a Popish Act of Parliament she was not only Declared Illegitimate, but the Marriage of the Lady Ann her Mother to her Father, to be void; with the Penalty of High Treason, added on any who should affirm Contrary to the first, or believe Contrary to the latter.

(1.) Therefore it is to be observed, That Queen Elizabeth being a Protestant, thought it not wise or safe to Declare a Papist for her Successor; yet she after Declared King James her Son, who was a Protestant, her Successor; and it pleased God to make him an Happy Instrument to Unite both King∣doms in the Protestant Religion.

(2.) That she being the Lineal Heir, thought it not wise or safe to Declare a Collateral Heir her Successor in her own Life∣time. Therefore thought she had a great Affection to make King James, who was her Godson, her Successor; yet she for∣bare to Declare him so, till on her Death-Bed she perceived her self past all hopes of having Lineal Heirs of her own Body; but while there was a possibility, she might, she Declared by 13 Eliz. 1. They should be her Successor, and Enacts a Pe∣nalty of High Treason against those who should affirm the contrary.

(3.) That Queen Elizabeth doth not think it fit that her Le∣gitimation should be Judged by Popish Laws, as she could ex∣pect no other would endeavour to be done, if she permitted a Contest between her and a Papist. What? Shall a Virgin Queen be Judged by Laws, which, as is already shewn, came from the Priests of Priapus and Venus? Shall a Protestant Queen be Judged and Shot to Death by the Cannons and Constitu∣tions of the Strumpets Theodora Marozia, and the Whore of Babylon? No, she was Judged Legitimate by the Holy Moral Law of God, and the Protestant Religion, to be Successor to her Natural Father; and though he forsook her, God took

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her up, and by his assistance the Gates of Hell were not able to prevail against the truth of the same: And let any Papist now, if he can, shew any Reason or Scripture, why he should with foul mouth asperse the Legitimation of King Edward the Sixth, or Queen Elizabeth, or the Kings Eldest Son; or why the latter ought not to be Successor as well as was the former; and Print the same with his Name subscribed: And no question there are Protestants enough will answer him. Yea, let him prove, if he can, That 'tis not only the Greatest Honour to a Protestant Prince himself, but a great Mercy and Providence of God to a Protestant People, to offer them such a Prince whom he hath made Legitimate by his own Holy Law and the Prote∣stant Religion, and permitted him to be Declared Illegitimate by the Papist unholy Law and Superstition, and thereby laid on him the highest Obligation of his own Interest to maintain the Holy Moral Law of God and Protestant Religion, against the Popish Ceremonial Laws and Super∣stition; and far worse it had been for the Protestants, if Queen Elizabeth had not been made Illegitimate by the Pa∣pists, then that she was.

To Conclude, a full answer hath been therefore already given the Objection, That Queen Elizabeth never refused to Declare a Protestant and Lieal Successor, but only such as were either Papist or Collateral.

Obj. 7. A Protestant Successor will not be equal to Papists, who are not only a Considerable, but a great and potent Party of the People of the Three Kingdoms.

Answ. This is fully answered already before, Lib. 2. p. 401, 402, 403, &c. where it is shewn to be the Interest of the Pro∣testant Religion to abolish all Laws of Recusancy equally which are Penal to the Consciences either of Protestants or Papists, except as to Mass, Idols, and Popish Priests. This is likewise answered in the following Reasons, wherein it is shewn, That not only Protestants, but Papists themselves (except Popish Priests) may hope for greater Security and Happiness from a Protestant Successor, than they ever had or 'tis possible for them to have from Papist Predecessors or Successors; to which I therefore desire to refer.

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Reasons for Declaring a Protestant Successor, by the King and Parliament.

HAving answered all Objections against Declaring of a Protestant Successor, I shall now only add some few Rea∣sons for the same, arising from the Great and manifold Dan∣gers caused by the Neglect.

(1.) The first Danger is to the Conscience of a Prince, when he shall give Account to God of the Neglect of so great a Duty to him, and so great a Trust reposed in him by the People; as to which, There is none doubts but every private Father is by his Duty to God bound, while it shall please God to lend him Life and Health, and before Death with a sudden Arrest hurry him hence, to give an account of his Stewardship, to make Provision according to his Power for the leaving his Family in Peace after his Decease; much more it is the Duty of all Princes who ought to be the Publick Father of their Countries, who have so great Account to Give; not only for their own Families, but for Nations and Kingdoms, and all the Wars, Murders, Mas∣sacres and Devastations which by their default shall happen af∣ter their Death. To provide, while God gives them Life and Health, for prevention of such Calamities amongst their Peo∣ple, and for the Peace of Succession in the Government over them. And in the Statute of 35 H. 8. cap. 1. This great Trust Reposed in the King by the People, is exprest a Chief Conside∣ration of Declaring a Successor; and setling the Succession of the Crown by King and Parliament, in these words in the Pre∣amble of the Act, viz.

Forasmuch as our most Dread Soveraign Lord the King, upon good and just Grounds and Causes, Intendeth by God's Grace to make a Voyage Royal in his most Royal Person into the Realm of France against his ancient Enemy the French King, his Highness most Pru∣dently and Wisely Considering and Calling to his Remembrance how this Realm standeth at this present time in the Case of Succession, and poising and weighing further in himself the great Trust and Confidence that his Loving Subjects have had, and have in him, &c. And to the Intent his Majestie's Disposition and Mind therein should

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be openly Declared and manifestly known and Notified, as well to the Lords Spiritual and Temporal, as to all other his Loving and Obe∣dient Subjects of this Realm, to the Intent of their Assent and Con∣sent, might appear to Concur with thus far as followeth, of his Ma∣jestie's Declaration in the behalf, and thereupon makes Provision for the Succession of the Crown in the same Act.

In like manner it is provided by the Law of Persia, as saith Herod. Lib. 7. That whensoever the King goeth to War abroad, he ought first to Declare his Successor, that he may leave Peace at home.

(2.) The Danger caused by Incertainty of the Laws of Suc∣cession of the Crown, (and that this is a Great Danger, and necessary to be Remedied by a Declaration by King and Par∣liament) appears likewise by the Preamble of the Statute of 25 H. 8. cap. 22. in these words, viz.

Wherefore we your said most humble and Obedient Subjects in this present Parliament Assembled, calling to our Remembrance the great Divisions which in time passed have been in this Realm, by reason of several Titles pretended to the Imperial Crown of the same, which sometime and for the most part insued, by Reason of Ambi∣guity and Doubts, then not so perfectly Declared, but that men might upon froward intents, expound them to every man's sinister Appetite and Affection after their Sons, Contrary to the Right Le∣galty of the Succession and Posterity of the Lawful Kings and Em∣perors of this Realm, whereby hath insued great Effusion and De∣struction of man's Blood, as well of a great number of the Nobles, as of other Subjects, and especially Inheritors in the same, and the greatest occasion thereof, hath been because no perfect and substan∣tial Provision in Law hath been made within this Realm of it self, when Doubts and Questions have been moved and proponed of the Certainty and Legalty of the Succession and Posterity of the Crown.

By which Statute appears the Judgment of the King and Parliament to be, That the great incertainty of the Law in points of Succession of the Crown, was one great Cause of the great Mischiefs of effusion of Blood both of Nobles and Com∣mons which insued thereby, and the fittest Remedy to be the Declaration of the Successor incertain by the King and Parlia∣ment; which is accordingly therefore done in the same Sta∣tute.

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And it likewise appears that the same Doubt in Law was raised then as to Succession, which is now, Whether the King's Marriage and Issue by the Mother of Queen Elizabeth was Lawful and Legitimate, which is Declared by this Act of Parliament that it was. And H. there is first intendency there to Declared a Legitimation of the same Marriage with Queen Ann, the said Mother of Queen Elizabeth: And that all the Issue had and procreate, or to be had procreate (without saying Lawfully) between the King and Queen Ann, shall be his Lawful Children, and be Inheritable to the Crown; Then is the Crown Declared to be to the King for Life, and the Re∣mainder to be to the first Son of his Highness of his said Law∣ful Wife Queen Ann begotten, and to the Heirs of the Body of the said first Son Lawfully begotten; and for default of such Issue, with divers Remainders over, and make it High Trea∣son to slander the King's Marriage in prejudice of the Heirs of the same.

(3.) The other great Danger from the incertainty of the Laws of Succession, besides effusion of Blood, which is the Arbitrary disposing by Episcopal Sees whether of Rome or Canterbury, though only Rome named, unless a Successor is Declared by the King and Parliament, is likewise men∣tioned in the said Statute, 25 H. 8. cap. 22. in these words, viz. By Reason whereof the Bishop of Rome, and See Apostolick, Con∣trary to the great and inviolable Grants of Jurisdictions by God, immediately to Emperors, Kings and Princes in Succession to their Heirs, hath Presumed in time past to invest who should please them to Inherit in other mens Kingdoms and Dominions; which thing we your most humble Subjects both Spiritual and Temporal, do most Abhor and Detest.

(4.) One great Cause of the incertainty of the Laws of Suc∣cession of the Crown, is, That Papal and Episcopal Ceremo∣nial Laws of Marriage, Filiation and Succession, are tollerated in the Three Kingdoms, to Usurp a Predomination, not only over the Law of the Land, but the Moral Law of God: It is therefore necessary to avoid the Danger mention'd, to pro∣ceed from the incertainty caused by Papal and Episcopal Laws, That a Declaration by King and Parliament be, Who shall

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be Successor in Particular and by Name, which clears all Doubts, and is the highest Security under God, on which any Crown, or Succession to it, can depend.

(5.) The not Declaring a Successor, is Dangerous to the Person of the King and his House; of which we need not look on any other Example than Alexander the Great, of whom Justin, Lib. 15. relates, That he being desired to Declare a Successor, though he had a Son called Hercules, and though his Wife Roxana were Great with Child, yet would he Declare neither; but Will'd, That he who was most worthy, should Succeed; which was the same in effect, as if he had Will'd they should after his Death destroy one another with Civil Wars, and his own House amongst them; for so they did: And Cas∣sander, one of his mean and not Chief Officers destroyed his Mother Olympias, and all his Kindred: Such was the Fate of so great a Monarch, who while alive thought the World too little; yet was he himself Poison'd, and when Dead, nor he, nor his Mother, nor his Children, nor any of his Kindred re∣tained any Spot, but their Graves being all destroyed with him; of which there appears no second Cause, but his Neg∣lect to Declare his Son Hercules his Successor, who might have been a Preservative to him, according to Tacitus, Pravas aliorum spes cohiberi si Successor non in incerto. The wicked hopes of Plots against the Possessor are Checkt if the Suc∣cessor is not incertain.

(6.) The Danger of the Lineal and Collateral Heirs de∣stroying one another, doth cause all those Murthers, Poison∣ing, Strangling, Burning out the Eyes, or perpetual Impri∣sonments of the Blood Royal of the Turkish, Persian, Aethio∣pian, and other Eastern Kings and Emperors, but that they have no Parliaments Elected by the people to Declare their Successor, and to Protect the Liberty, Propriety, and Lives of their younger Children by standing Laws; but on the Death of the old Emperor, the Election, or rather Sale of the Empire to the New, is left to the Lawless will of the Priest or Soldier.

[ 7] (7.) The Danger if the King's Eldest Son should die and leave Children in Minority of Guardians in Majority, of Con∣tention

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for the Crown between Nephews and Uncles: This Danger is not so great in Scotland, as in England; for there, as hath been already said, as Buchanan mentions, their Ancient Act of Parliament Enacts, Ʋt quemadmodum Regi maximus Na∣tu filius in Regnum Succederet, ita filio ante Patrem Defuncto Nepos avo subrogaretur: That as the Eldest Son of the King should Succeed to him in the Kingdom; so the Son being Dead before his Father, the Nephew should Succeed in his stead to his Grandfather. It hath been already before shewn, how dan∣gerous Guardians Uncles are to Nephews in Minority; and if in Majority, all Histories witness under how great incer∣tainty the Law is in most Nations to determin the Question, (which ought to be preferred, the Uncle or Nephew in Suc∣cession to a Kingdom; that is to say, in such Kingdoms who have no Parliaments Elected by the People to establish the manner of Succession) And how great Wars and Devastations have been made between Nephews and Uncles on the incer∣tainty of the Law of the Country in that point. And though in Succession to Common Inheritances in England, the Nephew is by Custom preferred Jure Representationis to the Uncle, and though my Lord Coke likewise in his Exposition on the said Statute of 25. E 3. cap. 2. Coke 3. Part. fol. 8. saith to be the Fitz-Eigne, the Eldest Son of the King within that Statute, it is not always necessary he should be his first begotten Son: for the Second after the Death of the first begotten without Issue is Fitz-Eigne, with the Statute Et sic de caeteris, which doth implicitly seem to affirm, That till the Issue of the Eldest Son fails, the second Son shall not Succeed by this Statute, which implicitly prefers the Nephews in Successions before the Uncle, but he shewing no Authority therein, but his own, and that only implicit and not Express; and the Common Law and Customs of the Crown being very incertain, obscure, and as often broken as kept, when not Confirmed by Act of Par∣liament; And King Edward himself the Wife Author of this Act (when the Black Prince Died and left his Eldest Son Richard of Bindeax, who was after R. 2.) Doubting of the certainty of the Law, in the Point did, as the wisest way, procure Richard to be Declared Successor by Act of Par∣liament in his Life-time, to secure him against his Uncles.

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The certainty of the Law of England therefore may be not without Cause doubted in this Point of Succession between Ne∣phew and Uncle, and Danger there may be, lest the incer∣tainty of the same, give the same Pretences to create Civil Wars here, as it doth in other Countries, unless prevented by an Act of Parliament, as in Scotland, Ʋt filio ante patrem De∣functo Nepos Avo Subrogaretur.

Danger if the Successor assume the Crown without the Assent of the People by their Representative in Parliament, the Right of a Successor is not here Disputed, nor the Law whether he is King before Coronation, or not until Contract with his Parliament, and Coronation received from them. Highest a Successor can say, is only as Paul saith, 1 Cor. 10.23. All things are lawful for me, but all things are not expedient: All things are lawful for me, but all things edifie not. Though the manner whereby a Successor ascends the Throne may be lawful, yet may it not be Expedient; neither may it Edifie the Throne. H. 8. was a King of great Courage and Wisdom, and doubted not the Right of him and his Posterity to the Crown; Yea, though he had more than any other King, Power granted him by Act of Parliament, himself to Declare his own Successor, ei∣ther by his Letters Patents or last Will; yet he shewed therein his great Wisdom and Moderation, and would not do it with∣out Assent of his Subjects; as appears in the already mentioned Statute 35 H. 8. cap. 1. in these words, viz.

And albeit that the King's most Excellent Majesty, for default of such Heirs as are Inheritable by the said Act, might by the Autho∣rity of the said Act give and dispose the said Imperial Crown, and other the Premisses by his Letters Patents under his Great Seal, or by his Last Will in Writing, Signed with his most gracious Hand, to any Person or Persons of such Estate therein as should please his Highness to Limit and Appoint. Yet to the Intent that his Maje∣stie's Disposition and Mind therein should be openly Declared, and Manifestly known and notified, as well to the Lords Spiritual and Temporal, as to all other his Loving and Obedient Subjects of this his Realm, to the intent that their ASSENT and CON∣SENT might appear to Concur with thus far as followeth of his Majestie's Declaration in this behalf.

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For so Wise a King well know, that let the Right of a Suc∣cessor be what it will, yet if he lose the Love of his People, which cannot be obtained without their Assent and Consent, he loseth the Chief Defence under God, of that, and all other Right he hath; if therefore a Successor is Declared by Act of Parliament, so great a Danger is avoided of not having the Assent and Consent of his Subjects; seeing such an Act of Par∣liament cannot be without the Assent and Consent of the ma∣jor part of the People included in the plurality of Votes of their Representative.

The next great Danger is, The assuming of the Crown by Force by a Papist Successor; if not prevented by a Decla∣ration of a Protestant Successor, by the King and Parliament.

That a Papist Successor is most Dangerous to all Lay-Papists themselves, and that they may Live far more Happy under a Protestant, than one of their own Religion.

Both Religion, Justice, and Mercy, ingage all those who are affected with the least of any of them, to put a great diffe∣rence betwixt the Deceived, and Deceivers; and betwixt the Blind, and those who mislead them to fall into the Ditch. A Distinction is therefore necessary to be made by all Protestants between the Lay Papist, and the Papist Priest; Mercy is to be shewn the one, and Justice the other: And if this just Course had been used from the Beginning of the Reformation, that no Penal Statute had been made against the Lay-Papists, but only against the Papist Priests; No Bishop Bencroft under pretence of maintaining the Dominicans against the Jesuits, and Regulars against Seculars, had been able to maintain Legions of both in Secret to Destroy the Protestants in their own Land, nor under the blind name of Recusants, to turn the edge of all the Penal Laws pretending to be made against Papists, to cut off the Protestants. And the Sacrament of the Paschal Lamb to be a Destruction to the Israelites, and a Passover to the Egyptians; those Penal Laws being pursued with the highest Rigour against the Protestants, but came not near the Papists Dwellings; or if they did, they took more easie Pardons from the Exchequer, than from the Pope. So if the late Act con∣cerning

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Oaths and Sacraments, had been Restrained only to Papists; Protestants had not suffered in so high a Degree as now they do. But I pass from what is past, to what is future, to shew what Mischiefs the Papists themselves are to expect from a Papist Successor, and what benefit from a Protestant.

(1.) The first Mischiefs they will meet with in a Papist Suc∣cessor, is a most miserable one; take what Covenant, what Vow, what Promise, what Oath they can from him, yea, an Hundred Oaths, his Conscience cannot be bound with any of them: and the Catholicks themselves shall take as little hold of his Catholick Faith, as the most of those whom they think or call Hereticks.

As for Example: William the Conqueror was a Papist, and is mentioned Dan. Hist. 36. to get Assistance of the King of France (who was then young) in his Design for England, pro∣mised if he obtained the Kingdom, to hold it of him as he did his Dutchy of Normandy, and do him Homage for it, which would add a great Honour to that Crown. Then was he be-before-hand with Pope Alexander, to make Religion give Re∣putation to his Pretended Right, he promised likewise to hold it of the Apostolick See, if he prevailed in his Enterprize, whereupon the Pope sent him a Banner of the Church, with an Agnus of Gold, and one of the hairs of Saint Peter: And he likewise by great Promises got his own Brother Odo Bishop of Baieux, to furnish him with Forty Ships for his Expedition. After William had with great difficulty got the Battel at Ha∣stings, wherein King Herold happen'd to be kill'd with an Ar∣row in his Eye, some of his Nobility with all their Power strove to establish Edgar Atheling the next of the Royal Issue in his Right to the Crown; but the false Bishops rather bent to let in a Foreign Enemy, being fool'd by him with fair Promises, than to assist the Native Prince; and by their Example drew in the Nobility to trust to his Personal Oath made at his Coro∣nation, before the Altar of St. Peter to defend the Holy Church; that was the Papist Church and the Rectors, and to Govern the Universal People according to the Laws; but this Oath and his Promises, were as weak to bind him, as the single hair of St. Peter he had got from the Pope; for as soon as he had Establish'd himself, he was not such a Fool to do Homage

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for England to the French King, nor to hold the same of the Apostolick See, nor to defend the Bishops and Abbots in their fat Bishopricks and Abbies; but as Cambden saith, He made such clear work with them, that he did not leave one English Eccle∣siastick whom he thrust not out of his place, and fill'd their Rooms with Erench Sr. Johns.

And for the English Nobility, he drove some to fly to Scot∣land, some to Norway, some to Hungary, and any other Places where they could be received, till in the end he had totally de∣stroyed them, and filled their Places with French Contes; and to shew himself no partial Dealer with those who would trust his word, he spared not his own Brother Odo, the Bishop of Baieux; but notwithstanding the Forty Ships with which he had Supplied him, on promise of better dealing, he seized and Confiscated all his Treasure which he had, which was very great, and hoarded up with an Intention to have bought the Papacy. And it is no wonder if mali Corvi malum ovum. And he practised the same deceit against themselves and their false Religion had taught him towards others; for let a Papist Prince swear never so many Oaths to Papists of his own Reli∣gion, and break them all, the same Religion fits him with Popes enough at his Elbow to Confess and Absolve him instant∣ly, or if he doubts his Trencher-Popes cannot do it, he can have for Money his Unholiness himself to Absolve him from any Oath, Covenant, or League with any other Papist Prince, whether of Peace or War; and how many Examples are there of the same? And more easily can he do it with his own Sub∣jects; as Dan. Hist. fol. 143.

King John for the Glory of God, and Emendation of the Kingdom in Parliament, makes Articles of Agreement between him and the Barons; wherein are Confirmed all the Laws and Liberties of the Kingdom, and Mutual Oaths taken on both sides by the King and Barons, in Solemn manner for the Ob∣servation of the same Articles. The King likewise sends his Letters Patents to all Sheriffs of the Kingdom to cause all Men of what degree soever within their several Shires to Swear to observe the Laws and Liberties thus granted by his Charter. There we see a Papist King agrees with Papist Subjects on Oath in the highest manner, and both the King and Barons, and the whole Body of the People of what degree soever, are solemnly

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Sworn before God. And the Laws and Liberties are likewise Confirmed by Act of Parliament.

But the next News in the History we hear of is, He hath some Papist evil Councellors, who tell him he was now a King with∣out a Kingdom, a Lord without a Dominion, and a Subject to his Subjects; whereon this Papist King sends to the Pope, and by Bribery he Absolves the King from his Oath, Nullifies the Act of Parliament, and Excommunicates the Lords. Now therefore let it be shewn how these Papist Lords, being laid in the Pickle of Excommunication, and not having Personam standi in Judicio, could have done to have bound the Conscience of their Papist King, to have performed to them his Contract, Covenant, League, and Oath, or let it be no wonder if Prote∣stants are very fearful to have a Successor of such a Religion; or if they think that these Lords had not been more happy if they had had a Protestant King, or of any Religion which would have bound his Conscience to have kept his Word, and much more his Oath to his Subjects.

The Papist Lords grown Desperate of Right from their Eng∣lish Papist King, run into the other Extreme, and will Trust themselves to the Oath of a Foreign Papist King, seeing their own would not keep his, they send therefore over-Sea, and go in great haft to Louys the French Kings Son, to Sollicit him to take upon him the Crown of England, who is their tres hum∣ble Serviteur, and as ready to Swear to them, as they to him, and to make wise to them, that a French Oath was surer than an English; over therefore he comes to England in Person, with as great a Fleet and Army as the Power of France could make on so likely hopes of a Conquest, incouraged by so great a Power of the English Barons, who call'd them in, and joyned with them, and being Landed in Kent, in May, the Lords bring him to London, where he takes his Solemn Oath to Restore their Laws and Liberties, and recover their right for them. King John, who had first forsworn himself, was notwithstanding in the Field with another Army against King Louys, but fell into a Feaver and Died, or as some say, was poisoned; On his Death many of the English Lords hoping to find more Truth in the Son than in the Father, returned from Louys to their Native King, and suddenly Crowned Henry the Third, the eldest Son of King John, being then but Nine years old, in a great Parliament

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Assembled at Gloucester, 28 Octob. by which Parliament his Tutelage by Reason of his Minority, was Committed to the Great Marshal William Earl of Pembrook, a Man Eminent both in Courage and Council.

And it is likewise to be noted, That this Henry was begot∣ten by King John of Isabel, the Daughter and Heir of Aymer Earl of Angloulesm, who was before the Marriage pre-contra∣cted to Hugh le Brun Earl of March. So if the World had been so much given to slander the Legitimation of the King's Eldest Son, as it is now, here had been a greater Exception against the Succession of the Crown to him than can be now in the least shadow pretended; for Isabel being pre-contracted to a former Man, was a Woman Prohibited by the Law of God to be Con∣tracted or Married by another Man. Yet did neither this, nor his Minority, nor the amazing Danger of a Foreign Enemy Landed, assisted by the Native Nobles possessed of the Royal City, and entred into the Bowels of the Kingdom, Deter this Wise and Noble Parliament for making use of the Coronation of the King's Eldest Son, as the best Remedy against it, and to Commit his Guardianship to a Person of Courage and Council; they Succeeded accordingly, for Louys was beaten in a Battel at Lincoln by the Protector; and sending back for Recruits into France, which were with great Expedition there provided, and sent with a Mighty Fleet, which Fleet was likewise met and beaten by the English Fleet at Sea, and the Army therein Van∣quished by God's great Providence; which News coming to the Ears of Lovys, made him hopeless of any longer Subsistance here with Safety, and thereupon makes a Composition for his passage home, abjures his Claim to the Kingdom, and returns to France; But if Louys had prevailed here, wi•••• Security had the English Nobles had in his French Oath, for within a little while after he had taken it, he made spoil and plunder of all he could lay hands on, Friend or Foe; which made many of the English, he breaking his Oath to them, to think themselves disobliged thereby from the Oath they had given him, and to forsake his Party, and more would have forsaken him had it not been for shame of Inconstancy, and that he had their Ho∣stages in France, whom he would have on their Revolt De∣stroyed. And to shew his Intention of perfecting his Perjury to the height if he could have got Power, there was a constant

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Report and generally divulged concerning the Confession of the Viscount Melun, a Frenchman, who lying at the point of Death, touch't with Compunction, is said to reveal the Intention and Vow of Louys; which was not only to Destroy the English Nobility, but if he could the whole Nation. Dan. Hist. 148. The like Example is of the French Catholick, more properly Papist Faith to the Nobility and People of Scotland, Buchan. Rer. Scot. Lib. 17. p. 156. where appears, The French Papists were called into Scotland by the Scotch Papists, to assist them against the Protestants there, on Mutual Agreement on Oaths between the Papist of both Nations; but when the French. Army came they spoyl'd alike both Papist and Protestant. And the French Garison at Leith destroy all with Fire and Sword as far as they could reach. Clades autem Ex vastatione Agrorum non minus ad Papanos sine discrimine Scotorum Nobilitatem Extinguendam esse, in corum autem praediis mille Catraphractos Equites Gallos collocari posse, reliquam Multitudinem Servorum Loco habendam; id Consi∣lium literis ejus ad Gallum interceptis divulgatum, mirum quantum Gallorum odium Jam aliis de Causis natum auxit. Ambianus autem Episcopus non modo Romane Cause minus aequos sed etiam Gallorum partibus minus quam ipse Censebat aequum addictos in dicta causa agere rapere truci dare jubebat.

The Devastation of the Countrey about Leith by the French, fell no less on the Papist than Protestant. Labross advised that the whole Scottish Nobility was without any Difference made to be destroyed, and a Thousand French Barbed Horse to be planted on their Estates, and the rest of the Multitude to be kept for Slaves; which Council (his Letters being intercepted wherein he had sent the same to the French King) after it was divulged, 'tis wonderful how it increased the hatred against the French, which for other Causes was already sufficiently be∣gun. The Bishop of Amiens likewise, without over hearing the Cause, Commanded not only those who favoured not the Romish Religion, but the French Cause, as much as he would have them to be pursued, taken by Force, and Killed.

To return again to England, we left where King John having broken his Oath to the Nobility and Parliament being dead, the same Oath of preserving the Laws and Liberties was again ob∣tained of his Son Henry the Third; who in the Barons Wars

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wanting Money, a Tenth is granted him by the Clergy, and a Scutage by the Layity of Three Marks of every Knights Fee; yet with this Agreement, That the often Confirmed Charter of Magna Charta, and Charta Forestae should be again Recti∣fied, Confirmed and Sworn to; and that in the most Solemn and Ceremonial manner, as Religion or State could ever devise to do.

The King therefore with all the great Nobility of England, all the Bishops and Chief Prelats in their Pontificalibus, with burning Candles in their hands, assemble to hear and pro∣nounce the Terrible Sentence of by-Excommunication against the Infringers of the Charters, and at the lighting of one of those Candles, the King having received one in his hand, gives it to a Prelate, who stood by saying, It becomes not me who am no Priest to hold this Candle, my heart shall be a greater Testimony; and withal laid his hand spread on his Breast the whole time the Sentence was Read, which was thus pronounced, Authoritate Dei Omnipotentis, &c. which done, he caused the Charter of King John his Father, granted by his free Consent to be like∣wise openly Read; in the end, having thrown away their Can∣dles (which lay smoaking on the ground) they cryed out, So let them who incur this Sentence be extinct and stink in Hell. And the King with a loud voice said, As God me help, I will as I am a Man, a Christian, a Knight, a King Crowned and Anointed in∣violably observe all these things; And therewithal the Bells rung out, and all the people shouted for Joy, Dan. Hist. 169. but his Oath came to nothing, for he secretly sent to the Pope for his Absolution from them, and the Pope for Money by his Apo∣stolick Sentence Absolves the King from his Oath to his Sub∣jects, whence insued great Wars and Miseries in the Land, Bac. Hist. 86. and though Magna Charta was in his time granted; yet he never kept it, but his whole Reign after, the same was a perpetual Contention by him to raise his Preroga∣tive to an Arbitrary Power, Destructive to all Liberty and Propriety of his Subjects, which he had Confirmed to them by Oath, Charter, and Act of Parliament; and instead of asking a Dispensation of the Pope to Levy Taxes on the Subjects without their Consent in Parliament, he took the easier way, and dispensed with the Pope to Levy on them what he would, and give him a share. So the poor Subjects paid double, whereas

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if they had paid only to the Pope, or only to the King, they had only born a single burden; but now they Complained as the History mentioneth, That the Shepheard and the Woolf Confederated both to destroy the Sheep, and the Pope conti∣nually levied so many insupportable Taxes on them to main∣tain his Wars against the Emperor, that both Clergy and Layety address'd their heavy Complaints of him to the King himself; but the King was so far from relieving them, that he offer'd the Pope's Legat to deliver up to him the Chief Oppo∣sers, who now by the King's Animation grew more insolent to oppress them than before. Henry the 3d. being dead, his Son Edward the First Succeeded him; a King Renowned for his Valour and Wisdom against his Enemies, yet Dissentions with his Subjects hindred that Valour, and from extending themselves to that degree of Glory they might have otherwise arrived; neither is it only Valour and Wisdom, unless Justice is likewise joyned, can make a People happy in their Prince, or himself happy in them. He likewise took the same Oath for preservation of Laws and Liberties, as his Father and Grandfather had done; but whether seduced by their Example, or their Evil Counsellors, as he had imitated them in the taking; so likewise did he in the Violation of his Oath; for as his Fa∣ther had done before him, notwithstanding his Oath and Com∣plaints by his Subjects, of the Pope's oppressions, he and the Pope as his Father had done, like the Shepheard and the Woolf, agreed to divide the spoil of the Flock between them; the Pope therefore granted the King the Tenth of all the Churches of England, and the King grants the Pope to have the first fruits of those Churches, Dan. Hist. 202.

This Edward likewise, after many Contests wanting Money in the 25th year of his Reign, called a Parliament, wherein with much ado he granted the Confirmation of the two Char∣ters of Magna Charta, and Charta Forrestae, and that with the omission of the Clause of Salvo Jure Coronae Nostrae, such ano∣ther Clause as is Aut per Legem terrae; which the King labour∣ed much to have inserted; but the People would by no means agree; he therefore Confirmed them absolutely, and Enacts further, That All Arch-Bishops and Bishops shall Pronounce the Sentence of Excommunication against all those that by Word, Deed, or Counsel do contrary to the aforesaid Charters, or that in any Point

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break or undo the same; and that the said Curses be twice a year De∣nounced and Published by the Prelates aforesaid. And if the said Prelates, or any of them be Remiss in Denunciation of the said Sen∣tences, the Archbishop of Canterbury and York for the time be∣ing, shall Compel and Distrain them to the Execution of their Duties in form aforesaid; as appears in the Statute 25 E. 1. cap. 4. And all this he confirms by Solemn Oath: What greater Secu∣rity can be Invented? here is an Act of Parliament, Oath, Ex∣communication, Curses, Archbishops, Bishops, Prelates, all ingaged to see it performed; but to what purpose? King Ed∣ward sends a Furnish of Gold to the Pope for his Chamber, and he sends him back an Absolution from his Oath and Covenant with his Subjects, concerning the Charter of their Liberties, whereby they are all again broken by the King, and lost to the Subjects, Bak. Hist. 99.

Edward the First being dead, (for the Pope's Absolution from his Oath could not keep him alive) Edward the Second Succeeds him, who not only took his Coronation Oath, and kept it not; but likewise before his Coronation, in Regard the Lords threatned they would hinder it, unless according to his Father's Will, who had Commanded him to Banish Pierce Gaveston, he would do the same; he Solemnly swore, That if they would not Dispute his Coronation, but rest quiet till the next Parliament, he would Banish him as they desired. And likewise after, in the Third year of his Reign, being fur∣ther press'd and importuned, consented at last that the Parlia∣ment should draw Articles of Agreement between him and the People, of whatsoever was necessary for the good of the King∣dom, and he would Ratisie the same upon Oath; who there∣upon Elected divers Choice Men, both of the Clergy, Nobili∣ty, and Commons, to Compose those Articles; which done, the Archbishop of Canterbury, with the rest of his Suffragans, solemnly pronounce the Sentence of Excommunication against all such who should Contradict those Articles which are there Publickly read, before the Barons and Commons of the Realm, in the Presence of the King, amongst which, the Observation and Execution of Magna Charta is required, with all other Ordinances, necessary for the Church and Kingdom: And that as the late King had done, all Strangers should be Banish∣ed the Court and Kingdom, and all Evil Counfellors re∣moved.

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That the Business of the State should be treated of by the Counsel of the Clergy, and the Nobles. That the King should not begin any War, or go any way out of the Kingdom without the consent of the Common Council of the same, Dan. Hist. 205. which Articles and others, though they seemed harsh to the King; yet to avoid further Trouble, he yielded to them, and Ratified them on Oath; but especially to the Ba∣nishment of his Minion Pierce Gaveston, who being a Gascoigne was a Stranger, intended by the Articles to be Banished, though not under the same Suspition as other French, their Countrey-men, who have generally when entertained in Court by the English Kings, been Evil Councellors to them, to Imi∣tate the French Arbitrary Power and Persidiousness over their Subjects, and to breed Division between the King and People, to prepare the Kingdom to be a Prey to their own French Ma∣sters, whose Leidger Spies and Intelligencers they hear, have usually been entertained at the Cost of the English Kings against themselves; none can therefore doubt but King Edward the First, the Father of this King Edward the Second, did Nobly and Wisely in Banishing all Strangers from his Court, and left the same Command on his Son. And more particu∣larly concerning this Gaveston, though he not only broke in this the Command of his dead Father; but his Oath to his Loving Subjects, which was his Ruine; for his entertainment of French Councels endammaged his English Subjects, and his nearest French Relation Isabel his own Queen Persidiously by the help of her Brother the French King, raised a Rebellion here of his own Subjects against him, which caused him to be Deposed from his Kingdom, and shortly after to be Murdered in an hideous manner in Barckly Castle.

So here are four Kings, Great Grandfathor, Grandfather, Father and Son all Papists; all Confirming and Breaking Mag∣na Charta, and their Oaths, and their Subjects to whom they have broken them have been all Papists, and the same Papist Religion gives no Mutual obligation of an Oath, though to Men of the same Religion; Yea, this Magna Charta of Liber∣ties hath been Thirty times Confirmed by King and Parlia∣ment, while the Papist Religion lasted; which shews the Oath hath been more than Thirty times broken, by some or other of their Papist Princes; for otherwise it would not need so

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many new Confirmations and Oaths. In the Protestant Reli∣gion it is held, That once forsworn, ever-forlorn; In the Papist it appears, he is not so thought, though Thirty times forsworn; but he may still swear and forswear, and begin again anew, as many times as he will; were it not therefore more secure for the Papist himself to Covenant with a Prote∣stant Successor, who dares not break his Oath, lying under so great a Penalty of Conscience than with a Papist, who makes Perjury not to be Penal, and whose Religion it self teaches the wicked Doctrine of Lysander, that Children ought to be deceived with Promises, and Men with Oaths? for what Commerce or Humane Society can there be had with those who will keep neither? whether they be Kings or Subjects, or of what Degree or Religion soever they be?

(2.) Seeing a Papist Successor can be obliged by no Con∣tract or Oath, therefore he cannot Succeed by Contract. And if he Succeed not by Contract, then he will Succeed by Conquest; for there are but two ways of Succession, either by Contract, or by Conquest. And if he Succeed therefore by Conquest, such Power he will say 'tis Diis aequa Potestas, Deus est Imperator in Coelis, and Imperator est Deus in Terris Jure Divino, is above all Humane Laws; he will therefore be Lawless, and no Law shall be but his Will. But a Protestant Successor claims only to the Rule, according to Laws agreed and assented to by the Subjects themselves, by their Representative in Parliament. Can any Sober Papist deny it is not better to have his equal Laws, than as a Slave to be destroyed at Pleasure, by a cruel, unjust, and lawless Will, as they are generally by their Princes in all Catholick Countries?

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Further Examples of the Perfidiousness of Papist Princes to Papist Subjects.

HEnry the Fourth was a Papist, and a Violent Enemy against the Wicklenite Protestants, yet perfidious to his own Papists too; as appears Truss. Hist. fo. 73. there are Articles made against him, and the first of them is, That when he return'd from his Exilement, he made Faith only to Challenge and Recover his Inheritance and his Wives; and not to intermeddle with the King, nor with his Crown: by reason of which Oath, divers Loyal and good Subjects to King Richard resorted unto him, not having any Treasonable in∣tent; but after when he saw his Powers so much increased that he might do what he pleased, he wickedly brake his Oath, and without any Right, or colour like Right, procured himself to be made and Crowned King.

Another Article was, That no Justice could be expected from his hand; because that contrary to the Oath he had taken when he was Crowned he had by Letters sent into sundry Shires, thereby procured certain Burgesses of the Parliament, & Knights of the Shire to be Chosen, whom he knew would not fail to serve his turn, as occasion should be offered. Here we see is a Papist King, and Papist Subjects, and he takes an Oath to them concerning the greatest Liberty the Subjects can enjoy; which is, the free Election of their Representa∣tive in Parliament; yet this Papist King breaks this very. Oath, not only to his Papist Subjects, but to that very party who were of his own party, and Crowned him.

Henry the Sixth, and Richard Duke of York, were both Pa∣pists, and the Duke of York took his Oath of Allegiance to King Henry. After taking King Henry Prisoner, He Calleth a Parliament in the King's Name; by which Parliament terri∣fied by the Duke's Sword, it was agreed and Enacted, That Henry during his Life should retain the Name and Honour of a King, and that the Duke of York should be proclaimed Heir Apparent to the Crown, and Protector to the King's Person, his Land, Dominions, and Countrey. And that if at any time King Henry's Friends, Allies, Favourites in his behalf,

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should attempt the Disanulling this Act, that then the Duke should have present possession of the Crown. No sooner was the Parliament Dissolved, but the Duke by vertue of his Pro∣tectorship, esteeming himself a King in Office and Power, though not in Name, dispatcheth Letters to the Queen, the Duke of Somerset, Exceter, and other Nobility, who were then in Scotland, with all speed to repair to his presence at London; they knowing their own Security, lay only in keep∣ing out of his Power, marched towards him, but Guarded with an Army of Eighteen thousand Men, and met him at Wakefield, who had there but a small Army of Five thousand to oppose them, on whose Valour notwithstanding the Duke relying, and though advised by his Council to forbear Fight till his Son the Earl of March could bring up his Forces to joyn with him; yet the Pride of his former Victoris make him deaf to good Advice; and therefore rashly joyned 〈◊〉〈◊〉, whereby he hasten'd his own Destiny, and was Slain on the place, with Three thousand of his Men; after which Over∣throw of the Father, his Son the Earl of March and his Con∣federates having overthrown the Queens Army at the Battel of Mortimor's Cross, and fought the Battel of St. Albans, and the Earl of Warwick's Forces joyned with him, is proclaimed King; but before he could be Crowned he was forced to Fight again with another Army, which King Henry had raised in the North; which Battel continued doubtful with eager Resolu∣tion on both Sides the space of Ten hours, whereby there were above Six and thirty thousand Men Slain, Bak. Hist. 203. But in the end, the Day fell to Edward, and the King flying to Barwick, and her Son to France, Edward is Crowned King; but after Disobliging the Earl of Warwick, he leaves Edward, and indeavours to restore again the Title of Henry the Sixth, and removes him out of the Tower, where he had been a Prisoner almost Nine years, and Restores him his Crown, and all Imperial Ornaments and Officers, and King Edward is proclaimed an Usurper, and all his partakers Traitors, which forced King Edward to fly to the Duke of Burgoign his Brother-in-Law, who had Married his Sister; but Warwick sending Forces over to Callice, to Infest the Do∣minions of Burgoign for Entertainment of Edward; Burgoign being sensible of the storm likely to fall on him, wisely so

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wrought, that he made a Truce with King Henry, and Rati∣sied it by Oath, that he would give no Aid to his Brother-in-Law Edward against him. Yet this Oath he immediately broke, and under-hand furnished him with Eighteen tall Ships, Two thousand Dutchmen, and Fifteen thousand Florens of Gold. Here may be seen what little Trust can be had by an English Papist Prince to the Oath of a Foreign Papist Prince, though he pretend the common Obligation of the same Religion. See here the next Example, how little a Papist King can trust the Oath of a Papist Subject, or a Papist Subject him. After the Second Battel at St. Albans between the Queen and the Forces of Edward Earl of Marsh, the Nobles who in outward shew before seemed for the King, withdrew themselves from Attend∣ing his Person, and the Lord Bonvile coming in a Complemen∣tal manner to the King, saying, It grieved him to leave his Majesty; but Necessity for the Safeguard of his Life inforced it: But at length he was importuned, and Sir Thomas Kyviel likewise by the King to stay, he passing his Royal Word that their stay should not indanger their Bodies; upon which pro∣mise they stayed, but to their cost, for such was the implacable Fury of the Queen, that hearing Baron Thorp was by the Com∣mons Beheaded at Highgate, she the day after the Battel being Ash-Wednesday, caused both their Heads to be struck off at St. Albans. Truss. Hist. 172.

If so Saint-like a Papist King, or his Queen for him, broke his word to those of his own Religion, what is to be expected from them who openly appear in the shape of the Father of Lies, and care not for Transforming so much as in shew to Saint or Angel.

As the Duke of Burgoign had contrary to his Oath aided Ed∣ward with a Fleet, Men, and Money against Henry the Sixth; so he himself coming over, and Landing at Ravenspur in York∣shire, finding but cold Entertainment, and having marched to York, and finding as little Expression of Welcom, he fell on the old Popish shift of swearing and forswearing.

He therefore swore deeply, and took the Sacrament upon it that he came not to disturb King Henry, but only to recover his own Inheritance, and for the more shew thereof, he wore an Estritch Feather, Prince Edward's Livery; which Proposi∣tion seemed so reasonable, that many who resisted him before,

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were as ready to assist him now, both Sides seeking to make London their Friend; to which end, the Earl of Warwick sends to his Brother the Archbishop of York to Labour in it with the City, to continue their Fidelity to Henry their King; which he did accordingly, but could not get above Seven or Eight thousand Men, a small proportion to withstand King Edward. Comines and Bodin make the Reason why the Citi∣zens were rather inclinable to bring Edward to be, because he owed the City great Debts; and if he should miss, they should lose their Debts. Others add another Reason to be, Because Edward had been kind to many of the Citizens Wives, who importuned their Husbands to receive him; but whatever were the cause the Archbishop of York, so much doubted of the effect of their being Faithful, that he sent secretly to Ed∣ward, to desire him to receive King Henry into his Grace, which on promise of being Faithful thereafcer, he obtained; and thereupon the Archbishop delivered King Henry into King Edward's hands.

So here Edward a Papist King, promiseth Henry a Papist King, on the greatest Consideration one King can give to another, the Delivery of his Person into his Competitors hands, that he will not hurt him in his Custody; yet af∣ter he Commands or Suffers him to be Murdered in the Tower by his Brother the Duke of Gloucester, where he was Imprisoned.

(3.) A Papist Successor will not give Papists themselves Liberty of Conscience, insomuch as a Thought. But will force the Conscience, either by Imprisonment, Inquisitions, Racks, or Tortures falsly to accuse it self, or by Compulsion to Oaths or External Forms and Ceremonies of Worship to betray it self to the Injust punishment of Penal Laws and Statutes. How little the Papist Inquisition spare their own Papists, though they have not the least exception against them for their Religion, may in part appear by the following Story.

Father Ephraim a Friar Capuchin, was Born at Anxerre in France, and was Brother of Monsieur Chateaude Boys, Coun∣cellor of the Parliament of Paris; Father Ephraim was Learned in the Languages, and of as great Diligence, Learning, Eloquence and blind Zeal in Preaching up the Papist Religion

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as the best of them. And to spread the same, he Travelled to the Indies, and was there entertained at Bagnabar by the Chek, who had Married the eldest of the Princesses of Golconda, and he Promised to build him an House, and a Church, gave him an Ox, and two Men to carry him to Maslipatan, where he stayed to Imbark for Pegu, according to the order of his Superiours; but finding no Vessel ready to set Sail, the Eng∣lish drew him to Madrespatan, where they have a Fort called St. George, and a General Factory for every thing that Con∣cerns the Countries of Golconda, Pegu, and Bengala; they over-perswaded him that he might reap a fairer Harvest in this place, than in any other part of the Indies; to which end they built him a very neat House and a Church. Madrespatan is but half a League from St. Thomas, a Sea-Town on the Coast of Cormandel, where was a very great Trade, especially for Cale∣cots, and a very great Number of Merchants and Workmen lived there, the greatest part whereof desired to Inhabit at Ma∣drespatan with the English; but that there was no Place for them to Exercise their Religion. But when the English had Built a Church, and perswaded Father Ephraim to stay, many of the Portugueses quitted St. Thomas, by reason of the frequent Prea∣ching of Father Ephraim, and his great Care as well of the Natives, as of the Portugals, and in regard he spoke both the English and Portuguese Languages perfectly well, which caused so great Envy in the Clergy of St. Thomas Church, that they resolved to ruin him, and laid their Plot thus. The English and Portugueses being so near Neighbours, could not choose but have several Quarrels one with another; and still Father Ephraim who was in great Reputation with both, was applied to for Composing their Differences.

Now one day, the Portugueses quarrelled on purpose with some English Marriners that were in St. Thomas Road, and the English came by the worst: The English President resolving to have Satisfaction for the Injury, a War brake out between the two Nations, which had Ruin'd all the Trade of that Coun∣trey, had not the Merchants on both side been very diligent to bring things to an Accommodation, not knowing any thing of the wicked contrivance of particular persons against Father Ephraim. All the Interposition of Merchants availed nothing, the Friar must be concerned in the Affair, he must be the Me∣diator

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to Act between Party and Party, which he readily ac∣cepted.

But he was no sooner entred into St. Thomas, but he was seized by Ten or Twelve Officers of the Inquisition, who shipt him away in a Frigat that was bound at the same time for Goa. They fetter'd and manacled him, and kept him Two and twenty Days at Sea, before they would once let him put his foot on shoar, though the best part of the Marriners, lay ashoar every Night: When they came to Goa, they stayed till Night before they would Land Father Ephraim, to carry him to the Inquisition-House; for they were afraid if they should Land him in the Day, the People should know of it and Rise in Res∣cue of a Person who was in Veneration over all India.

The News was presently spread abroad in all Parts, that Father Ephraim was in the Inquisition, which very much ama∣zed all the Frenchmen; but he who was most surprized and troubled at it was Friar Zenon the Capuchin, who had been formerly Father Ephraim's Companion; who after he had con∣sulted his Friends, resolved to go to Goa, though he were put into the Inquisition himself; for when a Man is once shut up there, if any one have the boldness to speak to the Inquisitor, or to any of his Counsel in his behalf, he is presently put into the Inquisition also, and accounted a greater Offender than the other; neither the Archbishop nor Vice-Roy themselves dare Interpose, though they are the only two Persons over whom the Inquisition hath no Power; for if they do any thing to offend them, they presently write to the Inquisitor General and his Counsel in Portugal, and as the King and the Inquisitor General Commands, they either proceed against, or send these two great Persons into Portugal.

Yet Father Ephraim Reports, These high and proud Inqui∣sitors and their Counsel are very Ignorant Fellows, which he found when they put him to Question, and so saith he did not believe that any of them had ever read the Scripture; but the more fit they are to be the Butchers in these Bloody and Inhumane Cruelties they Practice. Monsieur de Chateau Des Boys, Father Ephraim's Brother complained to the Portugal Ambassador, who presently wrote to the King his Master to send a Positive Command by his first Ship thither, that Father Ephraim should be Discharged; The Pope himself also

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wrote, Declaring that he would Excommunicate all the Cler∣gy of Goa, if they did not Set him at Liberty: But all this signified nothing, for still they kept Father Ephraim in such Duress in a blinded Dungeon, with a Window Barred with Iron but half a foot square, that he lost thereby the Sight of one of his Eyes. And if an Indian King had not relieved him more than the Pope or King of Portugal were able to do, he had been there Destroyed; for the King of Colconda, who was at Wars with the Raga of Carnatica, and his Army lay round about St. Thomas, on Complaint to him of the Injustice by the Inquisition to Father Ephraim, sent order to his General Mir∣gimola to lay Siege to the Town, and put all to Fire and Sword unless the Governor would make him a firm Promise that Fa∣ther Ephraim should be set at Liberty within two Months; which so allarm'd the Governor and Town, that they sudden∣ly got him to be set at Liberty at Goa. Tavernier Lib. 1. Part 2. cap. 15. p. 85.

If therefore the Pope and a Papist King, were not able, or dared not Protect one of their own Religion, and Orders against the Injustice of the Inquisition; much less will a Papist Successor be able to do it. And if both Pope and Papist King were not able to defend a Papist Priest, much less will they the Lay-Papist, as to whom they are so Terrible, that as is the common Story, One of the Lord Inquisitors having a mind to some pleasant Pears in a Countryman's Orchard, Sent to have him come to him, to buy or beg some of his Pears, which put the Man in such a fright, that he Digged up the Tree, Root and all, and carried the same with all the Fruit on it to his Lordship; and when he demanded the rea∣son of that Unhusbandly action, he told him, He would never keep that thing in his House which should give any of their Lordships a further occasion to send for him.

But it will be the Interest of a Protestant Successor, nei∣ther to punish Papist or Protestant for Conscience; neither to Compel Papist or Protestant to Faith, or form of Worship, nor to impose Penalties for Recusancy in either, nor to debar the Lay-Papists from any thing from whence the Protestants are not equally debarred, except Publick Offices; of which the Reasons are at large shewn before, Lib. 2. p. 401, 402, &c. for as to Idols and Mass, the Protestant ought to be debarred as well as the Papist.

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(4.) It is a great benefit to all Lay-Papists to be protected and freed from the intollerable Exactions and Cheatings of Money from them by their Priest, particularly for Offerings to Images, for Confessions, Penances, Absolutions, for Bap∣tisms, Confirmations, Marriages, Extreme Unctions, Places of Burials, Dirges, Masses, Pardons, Redemption from Pur∣gatory, all Inventions of their Priest to Cheat them, their Wives, Children, and Families from Generation to Gene∣ration, of what should pay their Debts, and find their Father∣less Children Food and Rayment; as likewise from all the Military and Civil Taxes, Tributes, and Payments they un∣known to the Protestant, exact from them, and exhaust their Estates, all which a Protestant Successor will free them from; but a Papist will increase upon them.

(5.) If a Papist Successor happen, all Lay-Papists living within the four Sees, will be Compell'd to prostitute their Wives and Daughters, to the Priest in Auricular Confessions, to have their Nakedness discovered, their Estates purloined, the Secrets of their Houses, and oftentimes their Lives be∣trayed to their Enemies, and they shall be compelled to sub∣mit to the false Certificate of the Insolent Priest to disinherit their True and Natural Children, and Heirs, and to appoint false and adulterous Heirs, and fils de Prestre to Succeed to their Inheritances, and no Probation shall be admitted to the Contrary, from which more than Pagan slavery, a Protestant Successor will free them; but never a Papist.

(6.) If a Papist Successor happen, all Lay-Papists shall Suffer for every one Offence two Punishments, and shall pay all Fees, Fines, Taxes, and Tributes double, one to the Pope and his Officers, the other to the King and his Officers; one to the Spiritual Court, another to the Temporal Court. It is said of the Ass in the Fable, That when he was let out of the Camp where his Master was, to Graze, he was admonished by his fellow Ass, not to go too near another Camp which was in sight of them, because that was the Enemies: To which the other answered, If the Enemy took him, he would lay no worse Burdens on him than his Master did; therefore it matter'd not which he went nearest.

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A Lay-Papist therefore (though the pamper'd Papist Priest perswade him otherwise) would shew less Discretion than that gross-headed Animal; should he not less fear to be in the Camp of a Protestant Successor, though the supposed Enemy, who would Load him but with half the Burden of his Master, than to be in the Camp of a Papist Successor, though his Master who will assuredly lay double the Punishment and double the Burden on him which a Protestant will do, whose Camp will be like the Camp of Alexander the Great, where the Persians found as courteous entertainment as the Macedonians. And he used to say, He would be the Common Father, and his Camp should be the Common City of the World.

(7.) If a Papist Successor happen, he will either favour the Jesuits and their followers, or the Dominicans and their fol∣lowers; if he favour the Jesuits, the Dominicans will be ruin'd; if he favour the Dominicans, the Jesuits will be ruin'd; and so consequently the Lay-followers of both. Again, If a Papist Successor happen, he will either favour the Guelphs or the Gi∣bellins, the one being for the Papal, the other for the Regal Supremacy; if he favour the Guelphs, the Gibellins will be ruin'd; if he favour the Gibellins, the Guelphs will be ruin'd. Were not the Lay-Papist better have a Protestant Successor, who will free them from both these sorts of Botefe Papist Priests, who set their own Papist Flock to tear one another, that they may prey on both? Were it not more wise for the Lay-Papist to do with their Guelphs and Gibellins as Bodin saith they did in all the Cities of Italy, where these two Factions raged? namely, to Elect Strangers for their Magistrates, Judges who were neither Guelphs nor Gibellins, of all which Miseries which will assuredly be imposed and continued on them by their Priests and Princes, whom no Covenant-Oath, or Sacred Obligation of Conscience can tye, if they happen to fall into the hands of a Papist Successor.

Let all Lay-Papists therefore but seriously consider if it be not more happy for them to be freed by a Protestant Successor, than inslaved to them by a Papist. Let them but consider, whe∣ther it is not better for them to be permitted to them by the Protestants, the same Liberty from all penal Laws, Taxes, Tributes, Oaths and Tests, as Protestants have themselves,

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than to have the same taken from both by a Papist Successor? It will be the Interest of a Protestant Successor to prohibit the Lay-papist no other Idols, no other Priests, no other Sacri∣fice, no other Offences, Recusancies, Crimes, Arms, Con∣ventions, nor any thing else (except publick Offices, which if really considered, are rather Burdens than Benefits in all re∣spects, besides that of publick Safety) than he prohibits equally his own Protestant Subjects. It will be the Interest of a Protestant Successor to Rule by Laws and Love; but a papist Successor will believe that it is his Interest to Rule by an Arbi∣trary power, and Fire and Sword.

To Conclude, Let the Lay-papist but consider at what rate they themselves who were Papists were Ruled by H. 8. a Papist King, together with the Protestants, who hanged the one for not acknowledging him Supreme Head of the Church; and burnt the other for not believing Transubstantiation; inso∣much that a French Papist who came over hither and saw it, Cryed out, Deus bone quomodo hic vivunt gentes, ubi suspen∣duntur Papistae & comburuntur Anti-Papistae? Good God (said he) what shift do people make to live here, where Papists are hang'd, and Anti-papists burnt? And let them consider the more fresh example of Philip the Second of Spain, the Son-in-Law of H. 8. after his Death by Marriage with Queen Mary, for did he not Rule his Papists as well as Protestants Subjects in Holland and the Ʋnited Provinces, after the same rate as H. 8. had done his here in England; for he first by Oath and Agree∣ment, bound himself as well to his Papist as Protestant Sub∣jects not to infringe their Laws and Liberties, nor to increase the ancient Number of their Bishops, which was but three: But he notwithstanding his Oath, indeavour'd to bring in amongst them the Inquisition, increased the Number and Power of their Bishops, from three to seventeen, for every Province one, both of them destructive to their Consciences, Laws, Liberties, and Propriety, but being after a long War over∣thrown by the Ʋnited Provinces, and their Confederates, he acknowledged them free and Soveraign States; whereby they recover'd again their lost Liberties.

And though as is noted by Sir William Temple in his Excel∣lent Observation on the Ʋnited Provinces, Cap. 5. p. 200. the

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Roman Catholick Religion was alone excepted by the States from the Common Protection of their Laws, making Men as they believed worse Subjects than the rest, by the acknow∣ledging of a Foreign and Superior Jurisdiction; for so must all Spiritual Power needs be, as grounded on greater Hopes and Fears than any Civil, at least where the perswasions from Faith are as strong as from Sense; of which there are so many Testimonies Recorded by the Martyrdoms, Penalties, Consci∣entious Restraints and Severities suffered by infinite persons in all sorts of Religion; besides this Profession seemed still a Retainer of the Spanish Government, which was then the greatest Patron of it in the World. Yet was the Care of the States to give all Men ease in this point, who ask'd no more than to serve God, and save their own Souls, in their own way and forms; which shews Protestants better than their words to Papists. That what was not provided for by the Constitutions of their Government, was so in a very great degree by the Connivance of their Officers, who upon certain constant Payments from every Family, suffer the exercise of the Roman Catholick Religion in their several Jurisdictions, as free and as easie, though not so cheap and avowed as the rest.

This I suppose hath been the reason, that though those of this Profession are very numerous in the Country amongst the Peasants, and considerable in the Cities, and not admitted to any Publick Charges; yet they seem to be a sound piece of the State, and fast-jointed with the rest: And have neither given any Disturbance to the Government, nor exprest any inclinations to a Change, or to any Foreign Powers, either upon the former Wars with Spain, or the latter Invasions of the Bishop of Munster: Of all other Religions every man injoys the free exercise in his own Chamber, or in his own House un∣questioned and unespied. And so far they appear to be free from all Penal Laws of Recusancy, and from all Penal Oaths, and Penal Tests to rack and punish the Consci∣ence, That as the same Author farther mentions, p. 205 it is hardly to be imagined how all the Violence and Sharpness which accompanies the difference of Religion in other Countries, seem to be appeased and softned here by the general freedom which all Men enjoy, either by Allowance

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or Convenience; nor how Faction or Ambition are thereby disabled to colour Ambitious and Seditious Designs with pre∣tences of Religion, which have cost the Christian World so much Blood, for this last Hundred and fifty years. No man can here Complain of Pressure in his Conscience of being forced to any publick Profession of his private Faith, of being restrained of his own manner of Worship in his own House, or obliged to any other abroad; and whoever asks more in point of Religion, without the undisputed Evidence of a particular Mission from Heaven, may be justly suspected not to ask for God's sake, but his own; since pretending to So∣veraignty instead of Liberty of Opinion, is pretending the same in Authority, to which consists chiefly in Opinion. Let here any Papist shew a reason why in Holland Papists do not live more happily under Protestant Laws, and Protestant Governors, than they did there under King Philip, or here in England, under Hen. 8th. who were Papist Governors, and their Episcopal Jurisdiction; and then he may pretend a Papist Successor better than a Protestant.

Of Destruction inevitable to Protestants, if the As∣suming the Crown by a Papist Successor Male, is not prevented by the King and Parliament, by declaring a Protestant Successor.

IT is already shewn how dangerous a Papist Successor is to Papists themselves, though there were no other reason in it; but that 'tis impossible to lay any Obligation of Conscience on him, or of Promises, Covenants or Oaths: But if it be dangerous to Papists, it must needs be totally de∣structive to Protestants; if he will break Oaths to his own Papists, what will he do to those whom he calls Hereticks and Protestants?

The Doctrine of his Bishops and Priests is sufficiently known, that Fides non est servanda cum Haereticis, and the hor∣rid Practicks of that Diabolical Doctrine against Protestants, is fitter to be writ in Blood than in Ink, and the number of Protestants destroyed by the Papists perjury are innumerable;

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and to touch farther on the same principles, it is to be noted, That the Pope and his Cardinals have this Proverb, Mercato∣rum est non Regum stare Juramentis. It is for Merchants and not for Kings to keep their Oaths. Pope Ʋrban the Second made an ungodly Decree, That an Oath is not to be kept with an Excommunicated person, Let all the Protestants of Eng∣land consider by what Oath they think to bind a Papist Suc∣cessor, who have stood Excommunicated by the Pope from Generation to Generation; an Oath on a Papist, is like a Col∣lar on a Monkey, which they will as easily slip; which makes Pascentius scoff at the Invention of the Oath of Allegiance for Men of his Religion: All which shews that his Holiness, his Cardinals and Jesuits, are in the Judgment of the Judicious Poet all Atheists.

Sunt qui in fortunae jam casibus omnia ponunt, Et nullo credunt mundum Rectore moveri Natura volvente vices & lucis & anni, Atque ideo intrepide quaecunque altaria tangunt.

And these are the Men according to Aristophanes, Queis nec fides nec ulla firma Pactio est, Minthanes the Persian Ge∣neral charged the like on the Romans, that Romanis promit∣tere promtum est, promissis autem quamquam Juramento firmatis minime stare.

Anno 1308. The Pope promised the French King Aid to ob∣tain the Empire, but underhand writ and wrought all he could against him. Naucler Francis the First, the French King, bound himself by an Oath to the Emperor Charles the Fifth for per∣formance of Articles; but for Money he easily obtained from Pope Clement the Seventh, an Absolution from his Oath. Si∣gismond the Emperor, having granted Letters of Safe Conduct unto John Hus, and Jerome of Prague, but by the Bishops of the Council of Constance, who decreed that no Faith was to be kept with Hereticks, he was perswaded to break his Faith, and cruelly to Burn those Martyrs, after which time the said Em∣peror never prospered in any thing he took in hand, he died without Issue Male, and his Daughters Son Ladislaus died also Childless, whereby in one Age his name was quite extinct,

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and his Empress became a dishonour to the Royal place she held, and God's Judgments justly followed him for his Perjury.

Philip the Second of Spain, took an Oath when he came to the Government of the Ʋnited Provinces, not to increase the ancient Number of their Bishops, who were then only Three, and not to change their Church and Laws from the state wherein he found them; but the Pope and the Spanish Bishops, ruled him to break his Oath, and to add Fourteen new Bishops to the Three old, to bring in the Inquisition amongst them, to cut off the Heads of the Protestant Nobles, and Massacre the Protestant People; in part of the Execution of which, the Duke of Alva going with an Army to Naerden in Holland, was peaceably admitted into the Town, and him∣self and his Souldiers feasted by the Burghers; after which, he commanded them and the rest of the Inhabitants, to go in∣to a certain Chappel, where they should be made acquainted with such Laws as they were to be regulated by; but when they thus Assembled, he sent his Souldiers to Murder them without sparing any one. The Men were Massacred, the Wo∣men were first Ravished and then Murdered, the Children and Infants had their Throats cut. Clark's Martirol. 265. like those Heathen Cruelties described by Lucan.

Nobilitas cum plebe perit, lateque vagatur Ensis, & à nullo revocatum est rectore ferrum. Stat cruor in Templis multaque rubentia caede Lubrica saxa madent, nulli sua profuit aetas; Non senis extremum piguit vergentibus annis Praecipitasse diem, nec primo in limine vitae Infantis miseri nascentia rumpere fata: Crimine quo parui caedem potuere mereri, Sed satis est jam posse mori.

And will any Protestants be Self-Murderers, by committing themselves to the Oaths of such a Religion, to return home from Foreign Popish perfidiousness and Perjuries to those in Great Britain; there hath been but one Papist Successor in Eng∣land since the Reformation, which was Queen Mary, and she promised but perfidiously, Liberty of Conscience to the Prote∣stants,

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and used their help to obtain the Crown; which per∣haps if they had not afforded her, she might have missed; but as soon as she became possessed of the Royal Power; how faith∣lesly she broke her promise to them, is well known, and with what Cruelty incited by the Bishops prodigious in her Sex, she delighted to see them Burning with her own Eyes; and what a Tophet she made of the Land appears in the Acts and Monuments. What eyes can behold the fiery Pictures there, or read the bloody Characters of her Butcheries without tears? And she had increased the number of them to so many, as no Volume could have contained, had not God in his Mercy sortned those days. It is known likewise Queen Mary of Scotland likewise broke Promise and Oath, the Papist Faith, and Oaths were no better kept to Protestants in Scotland, than in England; of which I shall only mention one Example of Mr. George Wischard persecuted to Death by the Bloody Cardi∣nal Beton, as is mentioned in Buchanan, Lib. 15. rer. Scot. 536. and in the History of the Reformation of the Church of Scot∣land, p. 48, &c. Mr. Wischard was a Diligent Preacher of the Gospel, and most acceptable to the people; for which reason Cardinal Beton prohibited him to Preach, and he not desisting, he corrupting with Money a desperate Priest named Sir John Weighton to kill the said Mr. Wischard; and upon a Day the Sermon ended, and the People departing, no man suspecting Danger; and therefore not heeding the said Mr. George the Priest that was corrupted, stood waiting at the foot of the Steps, his Gown loose, and his Dagger drawn in his Hand un∣der his Gown; the said Mr. George marked him, and as he came near, he said My friend what would you do? and therewith he clapped his hand on the Priests hand where the Dagger was, and took it from him; the Priest abashed fell down at his feet, and being heard by other Company, they cryed out, Deliver the Traytor to us, or we will take him by force, and so they burst in at the Gate; but Mr. George took him in his Arms, and said, Whosoever troubles him, shall trouble me; for he hath hurt me in nothing, but hath done great Comfort to you and to me; to wit, he hath let us understand what we may fear, in time to come we will watch better.

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The Gentlemen of the West had written that Mr. George should meet them at Edinburgh; for they would require Dis∣putation of the Bishops, and that he should be publickly heard, whereto he willingly agreed. The Cardinal dared not let it come to a publick Dispute; therefore he Plots the second time to kill Mr. George, as the surest way to defend their Murdering Religion; and to that end he causeth a Letter to be Counter∣feit in the Name of the Laird of Keimeir, Mr. Wischard's fa∣miliar Friend, which desires him with all possible diligence to come to him, for he was strucken with a sudden Sickness, and in the way layes an Ambush of Threescore Men, with Jacks and Spears to dispatch him; but this was likewise discovered, the Cardinal vexed to be twice thus disappointed in his wicked design, and got Intelligence that Mr. Wischard, lodged at the House of John Cockburne Laird of Ormeston Seven miles from Edenburgh, whereupon a Party of Horse was sent thither to de∣mand Mr. George to be delivered them as a Prisoner, to be car∣ried before the Assembly of Prelates at Edenburgh, the Laird made many Excuses and Spun out the time it being late, hoping to pass Mr. Wischard out at a private Postern to escape when dark, of which the Cardinal having notice by his Spies, came together which the Governour thither at an unseasonable hour of Night, and beset round all passages whereby none could escape; yet neither by Promises, Flatteries, or Threats could he get Mr. George delivered into his hands, till he called thither the Earl of Bothwell from his Country House which was near at hand, to whom it was agreed he should be delivered, on which the Earl gave his Solemn Faith, and Promised on his Honour, that he should be Safe; and that it should pass the Power of the Cardinal to do him any harm, and that neither the Governour or the Cardinal should have the Custody of him; but he would retain him in his own hands, and in his own House, till either he should make him free, or restore him to the same place whence he received him. But being Corrupted by the Cardi∣nals Gold, and by the Queen, he most perfidiously broke his Faith and Honour, and delivered him a Prisoner into the hands of his Enemies, the Prelates assembled at Edenburgh, who having got their long sought for prey, send him away to St. Andrews where the Cardinal had a Castle, as he thought Impregnable, where he was kept in hold in the Sea Tower of the same Castle,

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which was done in the end of January, Anno Dom. 1546. The Cardinal delayed no time, but caused all the Bishops, yea all the Clergymen who had any preheminence, to be called to St. Andrews against the Seven and Twentieth day of February, that Consultation might be had against this great Protestant, who had so dangerously shaken the Foundations of Babel, upon the last of February, was sent to the Prison, where Mr. George Wischard lay bound in Chains, the Dean of the Town, by Command of the Cardinal, to Summon him to be before the Judge the morrow following, to give account of his Seditious and Heretical Doctrine; upon the next morrow the Lord Car∣dinal caused his Servants to address themselves in their most Warlike Array, with Jack Knapscall, Splent, Spear and Axe; and when these armed Champions, marching in Warlike Or∣der, had conveyed the Bishops into the Abby Church, incon∣tinently they sent for Mr. George, who was conveyed into the same by the Captain of the Castle, with the number of an Hun∣dred Men addressed in manner aforesaid, like a Lamb lead to the Sacrifice.

After a Sermon made by the Sub-Prior, concerning Heresie, there stood up a Priest, who with great Revilings in general, and at Random against Mr. George spat in his face, and pressing him to answer, Mr. George appealed to be heard before an equal Judge. To whom the Priest replyed, Is not my Lord Cardinal the second Person within the Realm, Chancellor of Scot∣land, Arch-Bishop of St. Andrews, Bishop of Merepose, Commen∣dator of Arbroth, Legatus Natus, Legatus a Latere; and so re∣citing as many Titles of his unworthy Honours as would have loaded an Horse. Is not he, quoth the Priest, an equal Judge? To which Mr. George answered, I desire the Word of God to be my Judge, The Temporal Estate with some of your Lordships to be mine Auditors, Because I am here my Lord Governors Prisoner. Whereupon the Scornful Ecclesiasticks who stood by mocked him saying, Such a Man, such a Judge; meaning the Nobles to be Hereticks as well as he: Yet was there never a more just exception against a Judge, than that he is Judge in his own Case, and for his own Profit, for so appears all the 18 Articles they charge him with, to be no matters of Godliness; but only of gain to the Priest. They proceed next to the parti∣cular Articles against him.

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Articles of the Popish Charge against Mr. Wischard.
  • ARTICLE I. THou false Heretick, Runnagate, Traytor, and Thief, De∣ceiver of the People, despisest the Church, and in like case contemns my Lord Governor's Authority, and this we know of surety, that when thou Preachedst in Dundee, and was charged by my Lord Governor's Authority to desist: Nevertheless thou wouldst not obey, but perseveredst in the same; and therefore the Bishop of Breachen Cursed thee, and delivered thee into the De∣vil's hand, gave thee then Commandement that thou shouldst Preach no more; yet notwithstanding thou didst continue obstinately.
  • ARTICLE II. Thou false Hertick didst say, That a Priest standing at the Altar saying Mass, is like a Fox wagging his Tail in July.
  • ART. III. Thou false Heretick Preachedst against the Sacraments, saying, That there were not seven Sacraments.
  • ART. IV. Thou false Heretick hast openly taught, That Auricular Confes∣sion is not a Blessed Sacrament, and thou sayest, We should only con∣fess us to God, and to no Priest.
  • ART. V. Thou false Heretick didst say, That it was necessary for every Man to know and understand his Baptism; which is contrary to Ge∣neral Councils, and the Statutes of holy Church.
  • ART. VI. Thou false Heretick, Traytor and Thief, Thou saydst that the Sacrament upon the Altar was but a peice of Bread, baken upon the

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  • Ashes, and no other thing else, and all that is there done, is but a Superstitious Rite, against the Commandment of God.
  • ART. VII. Thou false Heretick didst say, That extream Ʋnction is not a Sacrament.
  • ART. VIII. Thou false Heretick didst say, That Holy Water is not so good as wash and such like, thou contemnest Conjuring, and sayst that holy Churches cursing availeth nothing.
  • ART. IX. Thou false Heretick and Runnagate hast said, That every Man is a Priest; and likewise thou sayst, That the Pope hath no more Power than another Man.
  • ART. X. Thou false Heretick saidst, That a Man had no free will, but was like to Stoicks, who say, That it is not in Man's will to do any thing; but that all Desire and Concupiscence comes from God, whatsoever kind it be.

This Charge he denied, That he taught Stoicism, or denied the Doctrine of free will.

  • ART. XI. Thou false Heretick didst say, It's as lawful to eat flesh upon Friday, as on Sunday.
  • ART. XII. Thou false Heretick didst say, That we should not pray unto Saints; but to God only, say whether thou hast said this or no, say shortly.

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  • ART. XIII. Thou false Heretick hast Preached plainly, That there is no Pur∣gatory, and that it is a feigned thing after life to be punished in Purgatory.
  • ART. XIV. Thou false Heretick hast taught plainly against the Vows of Monks, Friars, Nuns and Priests, saying, That whosoever was bound to such Vows, they vowed themselves to the state of Damnation. Moreover, That it was lawful for Priests to Marry Wives, and not to live sole.
  • ART. XV. Thou false Heretick and Runnagate sayst, Thou wilt not obey our General or Provincial Councils.
  • ART. XVI. Thou false Heretick sayst, That it is vain to build to the Honour of God costly Churches, seeing God remaineth not in Churches made by Mens hands, nor yet can God be in little space as betwixt the Priests hands.
  • ART. XVII. Thou false Heretick contemnest fasting, and sayst thou shouldst not fast.
  • ART. XVIII. Thou false Heretick hast Preached openly, saying, That Souls of Men shall sleep to the latter day of Judgment, and shall not obtain life Immortal until the last day.

He denied that he taught any such thing as the sleeping of the Soul.

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All which Articles, though an Equal Judge, a Copy of the Accusation, time to Deliberate, Friends, Books, and the Scrip∣ture it self unjustly kept from him, though mocked, baited, wearied, and kept bound in Iron, in the midst of a multitude of Enemies; yet he answered with such Patience and Power, that as is said of Stephen, Acts 6.10. They were not able to resist the Wisdom and the Spirit by which he spake. But neither his Truth nor Innocency availed, the wicked Bishops condemned him to be Burnt for an Heretick, not having respect to the Judgment of God. And not long after, the Cardinal sent Two of his Hangmen to him in Prison, where he was spending his time in Prayer, one of whom put upon him a Coat of Black Linnen Cloath, and the other tyed about all Parts of his Body many little Bags of Gun-Powder, and cloathed with these Or∣naments, they bring him out of his Lodgings, to an outer Room, near the Gate of the Castle, and there commanded him to stay till he was sent for: Then the Fire was made rea∣dy, and the Stake at the West end of the Castle near to the Priory, over against the place of Execution, the Castle Win∣dows were hung with rich Hangings, and Velvet Cushions, laid for the Cardinal and Prelats, who from thence did feed their Eyes with the Torments of this Innocent Man. The Cardinal dreading lest Mr. George should be taken away by his Friends, before had Commanded to bend all the Ordnance of the Castle right against the place of Execution, and Commanded all his Gunners to be ready, and stand beside their Guns, unto such time he was Burnt. All this being done, they bound Mr. Wis∣chard's hands behind his Back, and with sound of Trumpets, led him forth with a Rope about his Neck, and an Iron Chain about his Middle, by Souldiers, to the place of their wicked and Cruel Execution, where scarce allowing him time to pray, the Trumpet sounding, he was tied to the Stake, and the Fire kindled; The Captain of the Castle, for the love he had to Mr. Wischard, drew so near the Fire to incourage him, that he was hurt by the Flame. To whom Mr. Wischard answered, The fire Torments my Body, but no way abates my Spirit. And then looking towards the Cardinal, said, He who in such state, from that High place, feedeth his eyes with my Torments, within few Days shall be Hanged out at the same Window, to be seen with as much Ignominy, as he now leaneth there in Pride. Then with

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this the Executioner drawing the Cord about his Neck, stran∣gled him, and presently after, the Fire being very great, he was consumed to Ashes. Wherein contrary to the Custom of Scotland, who use not to Burn alive, but Strangle first, and Burn after when Dead; they extended the Cruelty of that Execution to two Deaths, Burning and Strangling. This was the Mercy of the Cardinal and Bishops. But Blood cries for Blood. And as Buchanan goes on, p. 540. Hac Sacerdotum su∣pra modum Luxuriante Victoria, non promiscuum modo Vulgus sed plaerique genere & opibus illustres magis irritati quam fracti, rem cò sua segnitie rediisse indignabantur, ut praeceps aliquid cum pe∣riculo esset audendum, aut omne cum Ignominia foret patiendum. Jam etiam pluribus & apertiùs Erumpentibus vi doloris querelis, de Cardinale tollendo coire, & ad Libertatem recuperandam aut vitam projiciendam hortari. Quam enim spem dignitatis reliquam fore sub arrogantissimo Sacrisiculo, Eodemque Tyranno Saevissimoque, bello adversus deum homines{que} suscepto, non inimicis modo id est qui aut rem haberent aut pietatem colerent; sed quocunque esset leviter offensus, eum velut pecus exhara suae libidini mactaret? Quin publicè Bellum & civile & Externum alat, privatim meretri∣cum amores Nuptiis copulet, nuptias Legitimas pro arbitrio Diri∣mat, Domi cum scortis volutetur; foris in Caede innoxiorum & san∣guine debaccaretur. In this so over Luxuriant Victory of the Prelates not only the promiscuous Vulgar, but many Illustrious in Nobility and Wealth, more irritated than discouraged, be∣gan to disdain Affairs should run to that pass by their sloath, that either something must be desperately dared head-long, or they must Ignominiously suffer all that should be laid upon them. Now also many their Complaints by Violence of their Griefs more openly breaking out, concerning taking away of the Cardinal, met together and exhorted one another either to recover their Liberty, or lose their Lives. For what hope of Esteem could they ever have under a most Proud Priest, and Cruel Tyrant, who fighting both against God and Men, drew not only his Enemies, whom he accounted all that were Rich or Religious, or any other who in the least manner dis∣pleased him, as Beasts from a Stye, to be Sacrificed to his Lust, who when he pleased raised publickly both Foreign and Civil Wars, privately Coupled Whores in Matrimony, and what was Lawful Marriage destroyed at pleasure, at home wallowed

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amongst Whores, and abroad in the Blood of Innocents. Norman Lesly, the Son of the Earl of Rothes, having had a Quarrel with the Cardinal, concerning a Promise which the Cardinal had made and broke to him, resolved to be revenged, and entred into Confederacy with others to effect the same; and to that Intent, to prevent all Suspition, rid himself with only Five Companions to St. Andrews, and lay at his usual Inn; there were only Ten more in the Town of the same Confede∣racy, who waited only for Notice from Norman, when they should joyn in the Attempt intended, with so small a Com∣pany, being in all but Sixteen, in a Town full of the Cardi∣nals Creatures, did he dare do such an Exploit as follows; and though many purposes were devised how the wicked Cardinal might have been taken away; yet all failed but this. The Cardinal with mighty Diligence fortified his Castle, and im∣ployed many Workmen therein; on Saturday Morning the 29th of May, the Days in that Country being very long, Norman Lesly, John Lesly, William Kirkaldies, and others, were in sun∣dry Companies in the Abby Church-yard, not far distant from the Castle, when the Gates being open, and the Draw-bridge let down to receive Lyme-stones, and other things necessary for Building, William Kircaley with Six Persons getting entry, kept talk with the Porter, and asked if my Lord Cardinal were stirring, who answered No, which was true enough; for he had been busie with Mrs. Marion Ogleby that Night, who was espyed to depart from him by a Privy Postern that Morning, which made the Cardinal sleep the longer. While William and the Porter talked, and his Servants looked to the work and workmen, Norman Lesly came in with his Company, and immediately came John Lesly somewhat rudely, and four Per∣sons with him; the Porter fearing, would have Drawn the Bridge, but the said John being thereon staid it, and kept in; And while the Porter made him for Defence, his Head was broken, the Keys taken from him, and he cast into the Ditch; and so that place was seized. The shout riseth, the Workmen to the Number of more than an Hundred ran off the Walls, and were without hurt put forth at the Wicket. The first thing that was done, William Kircaldy took the Guard of the Privy Postern, fearing lest the Fox should have escaped; then went the rest to the Gentleman's Chambers, and without vio∣lence

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done to any Man, put Fifty Persons more out at the Gate. The Number which did all this was but Sixteen Persons. The Cardinal waken'd with the shouts, asked from his Window, what meant that noise? It is answered, That Norman Lesly had taken his Castle; which understood he ran to the Po∣stern, but perceiving the Passage to be kept without, he re∣turned quickly to his Chamber, took his two-handed Sword, and caused his Chamberlain to cast Chests, and other Impedi∣ments to the Door. In the mean time comes John Lesly to it, and bids open, but the Cardinal requiring first Conditions be∣fore he would open, and the Door being very strong, John Lesly cryed, Fire, Fire, at which Call was brought to him a Chimney full of burning Coals; which being perceived, the Cardinal or the Chamberlain opened the Door it is incertain, and they without thereon rushing in, the Cardinal sate down in a Chair, and cried, I am a Priest, I am a Priest, you will not slay me. Then the said John Lesly, according to former Vows he had made, strook first once or twice, and so did Peter, but James Melvin perceiving them both in Choler, withdrew them and said, This work and Judgment of God, although it be secret, it ought to be done with greater gravity. And presenting unto him the point of the Sword, said, Repent thee of thy former wicked Life; but especially of the shedding of blood of that no∣table Instrument of God Mr. George Wischard; which albeit the fire Consumed before Men, cryes for Vengeance before God on thee. And we from God are sent to revenge him; for here before God I Protest, That neither hatred of thy Person, nor love of thy Riches, nor the fear of any Trouble thou couldst have done me in particular, moved or moveth me, to strike thee, but only because thou hast been an obstinate Enemy of Jesus Christ, his Holy Gospel; and so he struck him twice or thrice through with a Stog-Sword, and so he fell and never a word heard out of his mouth, but, I am a Priest, fie, fie, all is gone. While they were busied with the Cardinal, the Fray rose in the Town, the Provost Assem∣bles the Commonalty, and comes to the House side crying, What have you done with my Lord Cardinal? Where is my Lord Gardinal? Have you slain my Lord Cardinal? They were first answered gently, Best it were for you to return to your own Houses, for the man you call, the Cardinal, hath received his Reward, and will trouble the World no more; But then more in∣ragedly

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they cry, We shall never depart till we see him; on which, his Body is shewn dead over the Wall, from the place, whence he had so proudly fed his Eyes with the burning of Mr. Wis∣chard.

So hear appears to the full the sad Story of a Pious Prote∣stant Minister, betrayed by breach of the Faith of a perfidious Papist, to be miserably Burnt, and the Judgment of God on him who betrayed and Burnt him. And can any Protestant Minister, who is so truly in Heart as well as in Name; who∣ever reads the Persecutions under Emperors, and the Perfidi∣ous Murders by Popes and Papist Princes, give Faith again to a Papist Successor?

It would amaze the most barbarous Nations in the World, should they but hear of the Cruelties of Papist Priests towards Protestants; yea, those Indian and American Nations them∣selves, who are immediatly governed by Apparitions or Ora∣cles of the Devil, or Pontifical Magicians, inspired by him; for we do not hear in History that they burn alive any for difference in Religion, or difference in Conscience from them∣selves, nor put them to such Racks or Tortures, or to double Deaths of Strangling and Burning, or Strangling and Disem∣boweling; for the very Mexican Priests, so abhorred for their Butcheries of Sacrificing their Enemies to the Sun, do only speedily cut open their Breasts, and neither Strangle nor Dis∣member them. The Persians in the height of their Empire, though in High Treason did only Strangle, and neither Burn, Disembowel, nor Dismember; as appears in the Example mentioned, Hist. Cap. 2.21. In those days when Mordecai sat in the King's Gate, Two of the King's Chamberlains, Bigthan, and Teresh of those who kept the Door, were wroth and sought to lay Hands on the King Ahasuerus, and the thing was known to Mordecai, who told it to Esther the Queen, and Esther, certified the King thereof in Mordecai's Name, and when Inquisition was made of the matter, it was found out; therefore they were both Hanged on a Tree. Et Cap. 7.10. Haman was Hanged on his own Gallows. So the Turk Stran∣gles Offendors, so did the Jew, but neither Jew, Mahometan, or Pagan, Strangle and Burn, or Strangle and Disembowel, or Strangle and Dismember, or lay two kinds of Deaths on the same Person, at the same time; but those were Inventions of

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Papist Priests, though to the Dishonour of the Protestant Re∣ligion, in some of them their Example is too much followed; so that Papist Priests against Religion are worse than the Jew, Mahometan, Pagan, yea, than the very Indians and Americans, the Devil himself; for though it may be doubted whether he exceed them in good Nature, Truth, and Honesty; yet 'tis clear he doth in Wit, not to draw the Infamy of so much Cru∣elty and Perjury on his Kingdom, as they do on theirs.

In the Time of Henry the Fifth, Sir John Oldcastle, Lord Cobham was censured by the Bishops, at a Synod in London, for maintaining of Wickliff's Doctrine, which was the Protestant Religion; and after in a Synod at Rochester, was by the Arch-Bishop, of Canterbury, pronounced to be an Heretick, and the same Arch-Bishop, then Enacted by Decree, That the Scripture should not be Translated into English. But some mark it as a Judg∣ment of God upon him, That his Tongue both the Root and Blade swelled so big, that he could not long speak the English Tongue with it, for the swelling hindred him from swallow∣ing his meat; whereby he was at last starved, and miserably died.

In the mean time, Sir John Oldcastle, Lord Cobham presents his Belief to the King himself in Writing, who being then a Papist, and ruled by the Bishops, they supplying him with great Sums of Money, refused it, and suffered him to be Con∣demned for an Heretick, and Committed to the Tower of London, whence making an Escape, The King promised a Thou∣sand Marks to any that should bring him; But the Protestant Doctrine of Wickliff, was then so much favour'd by the People, that he continued 4 years after undiscovered, till at length be∣ing taken on the Borders of Wales, he was brought to London, where he was Drawn from the Tower to St. Giles's Fields, and there Hanged in a Chain by the Middle, and afterwards Con∣sumed by Fire, the Gallows and all. Bak. Hist. 177.

Another of the Followers of Wickliff, was Burnt by the Bi∣shop's Sentence in Smithfield in an Iron Pipe or Butt; They thought Phalaris Brazen Bull not Torment enough for a poor Protestant.

Mrs. Anne Askew a Protestant in the time of H. 8. was Con∣demned by the Bishops; see herein the Romish Episcopal Mercy,

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they caused her, one of that weak Sex, twice to be so misera∣bly Rackt and Tortured, that her Bones thereby was so dis∣joynted, that she was not able to go to the place of Execution, in Smithfield, whither they had Condemned her, but they carried her thither in a Chair, and set her to the Stake, and cruelly Burnt her.

Neither doth the Cruelty of these Monsters spare the Inno∣cent Babes any more than the Mothers. The Acts and Monu∣ments relate of a poor Protestant Woman great with Child, whom the Bishop had Condemned to be Burnt for an Heretick, and whilst she was Burning in the violent Flames, the Child miraculously sprang from her beyond the Fire, and might have been saved, but the cruel Executioner threw it in again to be Burnt with the Mother.

Here we see the Romish Bull with his two-horned Miter, gores with double Deaths; Mr. Wischard, with Burning and Strangling; Sir John Oldcastle, Lord Cobham, with Hanging in Chains and Burning; Mrs. Anne Askew, with Racking, worse than Death, and Burning; And this poor Woman, great with Child, to be Burnt once her self, and a second time in her Child.

How miserably have our Neighbours, the French Protestants, suffered from Cruelty of their Bishops, Inciting the Temporal Sword against them in the Massacre of Merindoll. Anno 1545. the Instrument being Minier, the President of the Council of Aix; for having Condemned this poor People of Heresie: He Mustered a small Army, and set Fire to their Villages; They of Merindoll, to avoid the Flame, with their Wives and Chil∣dren fled into Woods, but were there Butchered or sent to the Galleys; One Boy they took, and placed him to a Tree, and shot him to Death with Calivers. 25 who had hid them∣selves in a Cave, were some Stifled, some Burned.

In Chabriers they so Inhumanely dealt with the young Wives and Maids, that most of them died-immediately after; the Men and Women they put to the Sword, 800 Men were Mur∣dered in a Cave, and 40 Women put together in an old Barn, and Burned, Heylin Geogr. 79.

Anno 1655. Emanuel Duke of Savoy, caused many Cruel Massacres and Out-rages, to be Committed by his Souldiers on his Protestant Subjects, in the Valleys of Piedmont, for

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which there were Days of Humiliation kept in England, and Collections of Money made for their Relief, Bak. Hist. 644. And can the Horrid and Perfidious Massacres in the late Civil Wars in Ireland be so soon forgot, wherein as estimated no less than Two hundred thousand English Protestants, Men and Women, and Children were destroyed, who lived with the Irish, not suspecting the Plots of the Popish Priests, under the Trust and Faith, of a Peace made with them, which was most Treasonably by them broken.

The most Horrid and Hellish Parisian Massacre, of an Hun∣dred thousand of his Protestant Subjects, Committed by that Popish and Perjured French King, Charles the Ninth, Anno Dom. 1572. is already mentioned, and the Inhumane barba∣rousness of the same before, Lib. 2. Ch. 1. p. 242, 243, 244. He Swore, and Damned himself; and Swore over and over again he would Inviolably keep the League and Peace he had made with his Protestant Subjects; but when he had got them thereby to be secure, and Trust themselves in his hands, Let any see who will but take the pains to read the forementioned History of that Massacre, how he used them, for trusting of him. Let any Papist Prince or Claimant to be a Papist Suc∣cessor shew by which of his Gods he will Swear, which Charles the Ninth did not Swear and Forswear himself by, That he will give Liberty of Conscience to his Protestant Subjects. And let such Protestant Subjects as are willing to have an Hundred thousand of them, their Wives and Children But∣cher'd with Inhumane and Barbarous Tortures, while on trust of his Oath they put themselves into his Power, give Faith to Perjury; but let them Pardon their weaker Brethren, if they are afraid to bear them Company.

Let Papist Priests transformed into Protestant Angels of Light, Preach up blind Obedience and implicit Faith to Per∣jury; But let them Excuse those sheep of their Flock who know the voice of the true Shepheard, if they hear a true Protestant Pastor in another Fold. Let the true Protestant Pastor hear likewise what is said, Ezckiel 32.2. When I bring the Sword up∣on a Land, if the People of the Land take a man of their Coast, and set him for their watchman, If when he seeth the Sword coming up∣on the Land, he blow the Trumpet, and warn the People; Then whosoever heareth the sound of the Trumpet, and takes not warning,

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if the Sword come and take him away, his blood shall be upon his own head. He heard the sound of the Trumpet, and took not warn∣ing, his blood shall be upon him: but he that taketh warning, shall deliver his soul. But if the watchman see the Sword come, and blow not the Trumpet, and the people be not warned: if the Sword come and take away a person from among them, he is taken away in iniquity: but his blood will I require at the watchman's hands. And do the true Protestant Pashor's Sheep, if it should happen the Sword of a Papist Successor should be coming on the Land to act over again in Great Britain all the Murders of Prote∣stants by the two Maries, all the Fires and Tortures on such Pious Martyrs as have been in Italy, Spain, France, Germany, England, and Scotland; All the Massacres of Merindol, Cha∣briers, Ireland, Piedmont, and Paris; Do they think if they should not awake, nor blow the Trumpets, nor give the Peo∣ple warning of the Imminent Dangers appearing of the Disco∣veries of their Secret Plots shewn by God himself; and of the Dangers and Destructions ensue thereby, that the blood of so many Thousand Innocents shall not be required at the hand of the Watchmen? Will this be to follow the Precept of Christ? Matth. 10.16. Behold, I send you forth as sheep in the middest of wolves: be ye therefore wise as serpents, and harmless as doves. Is this to be wise as Serpents, to suffer the old Romish Serpent to thrust in his head in a Papist Successor? will he not quickly get in his Body? will this be to follow the Precept of Christ? Matth. 4.7. Thou shalt not tempt the Lord thy God. To cast down all Protestants from the Pinacles of the Temple into the fiery furnaces of Popish Priests, the incidents necessary of a Papist Successor, and without warrant to expect God will shew Miracles to deliver them thence; is not this most pre∣sumptuous wickedness, and a tempting of God, when God shews lawful means by Declaring a Protestant Successor by Act of Parliament, to prevent any Papist Successor whatsoever, with all the Train of Appurtenances of Popish Priests, and fie∣ry Furnaces at their Tails? Let it be considered what these Popish Priests will probably most do, as long as they have hopes to advance a Papist Successor, to bring in them and all their Instruments of Superstition and Engines of Cruelty with them; Have not their Plots and Practices already discovered what they have intended; To Pistol, Poison, or Stab the Pro∣testant

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King, and his Protestant Eldest Son; To make way for a Papist Successor. And what would a Papist Successor do? He would first seize upon all the Protestant Treasuries and Treasure, then on all the Protestant Armories, Arms and Ma∣gazines; on all the Protestant Forts, Cittadels, and Castles; on the Protestant Navy, and Land Militia. It is wonderful what mighty strength of Foot and Horse Q. Mary kept for the Train in all the Counties of England and Wales, to Oppress the Protestants ten times more than what the Protestants now keep to defend themselves against Papists; as appears 4 & 5. P. & M. Cap. 2. in Rastall's Statutes, where it is Enacted, That every Person having 400 l. per annum, or above; and under the value of a 1000 Marks, shall have, find, keep, sustein, and maintain two Horses, or one Horse, and one Gelding, able for Demy-Lances, with sufficient Furniture of Harness, Steel, Saddles, and Weapons for the same, and 4 Geldings able for Light-Horsemen, with sufficient Harness and Weapons for the same; and also 20 Corslets furnished, and 20 Almain Ri∣vets furnished; and one Stede of Almain Rivets, 20 Coats of Plate Corslets or Brigandines furnished, 20 Pikes, 15 long Bows, 15 Sheefs of Arrows, 15 Steel Caps, or Skulls, 6 Har∣quebusses, and 6 Morians or Sallets. So the Children of this World are in their Generation wiser than the Children of Light.

Q. Mary a Papist Successor to K. Edward a Protestant, pro∣vided it seems the proportion of above ten to one more Arms to destroy Protestants, than her Protestant Successors have to defend them; for there is now but one Horse appointed for 500 l. per annum, whereas Q. Mary sets six Horses on 400 l. per annum; besides that Mass of Foot Arms appointed in the same Statute. And though 400 l. per annum might be in those times according to the intrinsick value of Silver, more than 500 l. now; yet the proportion of Horse and Foot layd on 400 l. Land then, seems ten times more than now.

It is further to be Considered, That by God's Mercy the Protestant is as yet Possessor of the Treasure, Militia, and all Publick. Offices; and the Protestants are by the same Mercy increased and multiplied, and grown far more numerous in Great Britain, and the same Mercy hath likewise given them Victories against Papists: The Protestants have by God's

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Providence a Protestant King the Rightful Possessor of the Crown, whom God grant long to live: And hopes of a Pro∣testant Successor, the next Lineal right Heir of his Blood, ac∣cording to the Moral Law of God, and the Law of the Land, and the Protestant Religion. And what is likewise a singular Mercy of God, derived from a Marriage by the Moral Law of God, and contrary, and, as is hoped, inconsistent with the Ceremonial Law of Marriage and Succession, Papal or Epis∣copal; and therefore of a contrary Interest to them.

To yield therefore the right of the Law of God to the Law of Man, the right of a Lineal Heir to a Collateral, to yield the Possession of a great Number to a lesser Number, of a grea∣ter power to a lesser power, of a victorious Religion to a van∣quished, of a protestant Successor to a papist Successor; were not only against all Piety, but Prudence; and all Laws either of Right or Possession.

9. How great a plunge will it put the Protestants to, who is now in possession of all publick Offices, if through neglect of barring his door of Possession by an Act of Parliament, decla∣ring a Protestant Successor, a papist Successor seeing the door left open for him should slip in; and after he hath Treasure, and Arms, should likewise seize on the Power of publick Offi∣ces; For then may he make Sheriffs of Counties Papists, Mayors of Cities and Towns Papists; He would make all the Military Officers by Land and Sea Papists, Then may he cause to be chosen the greatest part of Burgesses and Knights of Shires Papists; He may make Bishops Papists, all Preachers Papists, Lords of Parliaments Papists; He may make Judges on the Woolsacks Papists, for if the Successor be a Papist, as the Su∣pream Officer is, so will all Inferior Officers be Papists. He may then repeal all former Acts of Parliament made against Papists, vacate all Oaths taken against Papists. The Inquisition Office of Spiritual Courts, and Excommunicato Capiendoes is rea∣dy prepared for him, and he can as easily restore the Haeretico Comburendo Office again. Did not so weak an Instrument as a Woman, even Q. Mary her self do all this and more, when once she became a Papist Successor to a Protestant King; though he had confirmed the Protestant Religion as much as possible by Acts of Parliament? How much more is a Masculine Papist

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Successor then to be feared, whose Designs and Accomplish∣ments are of higher and easier Atchievements than any Femi∣nine. When he sees all this done, and the Abomination of Desolation stand in the Holy place, what will then become of the miserable Protestant, when by his own Supine Negli∣gence, he sees himself dispossessed of Treasure, Arms, Laws, and all these publick Offices, and Officers, which should under God have protected him, and the Judgment of God come upon him, for his casting away all those Lawful means, vouch∣safed him of prevention of so great a Judgment. Praestat therefore Cautela quam Medela, it were a presumptuous tempt∣ing of God, for the Protestant to deliver the possession of all his Treasure, Arms, and Offices to a Papist Successor, when God hath given him Lawful means to prevent the same; for when all these things are once delivered into the hands of a Pa∣pist Successor; though God should by a Miracle send again a Protestant Successor, how difficult and dangerous a matter it it would be to get again the power out of the Papist posses∣sion, appears by the Example of Queen Elizabeth her self. For when it pleased God, to give her the Kingdom, the Alte∣ration of Religion, from Papist to Protestant in Parliament, was carried by no greater plurality, than only of six Voices, and the Protestant party, though with a Protestant Queen in the Head of them, was able at that time to Enact no more against Popery, than only two points, viz. The Abolishing of the Mass, and the Establishing the Liturgy in the English Tongue. After, Ima∣ges were likewise removed out of Churches, and broken or burnt, Bak. Hist. 350. But the High places of the Inquisition in Spiritual Courts, The Excommunication, Capiendo's and Haeretico Cumburendo's; The Romish Altars, and Ceremonies, which did Protestants more harm than Images, she was not able to move; the Sons of Zerujah, were too hard for her; so it was an easie matter for Queen Mary, who was a Papist Suc∣cessor, to lose Callice to the French, which was done by King Philip's drawing out the Strength of the English Garrison Soul∣diers, in his Wars against other Towns, and the neglect of the Queens Council, to send Recruits, until too late; though they had notice of a Seige intended against them. The Town of Callice, which was first taken by Edward the Third, after Eleven Months Siege, was esteemed of so high Import, that

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on a Treaty of Marriage by King Edward, between his Ne∣phew Richard of Burdeaux, and Mary a Daughter of Charles the French King; Charles made an offer to King Edward to leave him Fourteen hundred Towns, and Three thousand Fortresses in Aquitain, upon Condition he would render Cal∣lice, and all that he held in Picardy. But before any thing could be concluded, King Edward died; And the Lord de Cor∣des a French Lord, would commonly say, He would be content to lye in Hell seven years, so that Callice were in the French Pos∣session, Bak. Hist. 240. But it seems since they got it in posses∣sion, some of them would be content to lie in Hell for ever, if Perjury will lay them there so long. For there being, Anno Dom. 1559. in the First year of the Reign of Queen Elizabeth, a Treaty of Peace between her and the French King, and Com∣missioners of both sides to that end appointed; and the Com∣missioners meeting accordingly, the Chief point in difference was the Restitution of Callice; for which the English Commis∣sioners by the Queens Appointment offered to remit Two Millions of Crowns, that by just Accompt were due from France to England. At last on much Altercation, it was Con∣cluded and Agreed, That Callice should remain in possession of the French for the term of Eight years, and those Expired, it should be delivered unto the English upon the forfeiture of Five hundred thousand Crowns, for which Hostages were given: But all this notwithstanding, though the Conditions were Sealed and Sworn to, and though Hostages were assigned to remain in England till one or other were performed; yet all was frustrate, and came to nothing, Bak. Hist. 351. So little Faith is there in the Oath of a Papist Prince.

And the same Danger will be in the delivering the possessions of Garrisons & Forts in England to Papists, or Papist Successor, though on Conditions Sworn to by them, & the same difficulty, yea, impossibility for a Protestant Successor to recover again the Possession of Treasure, Arms, Offices, Religion, Liberty, Propriety, as it is of Life it self, when once left to a papist Successor, though he take an Oath to preserve all these: By which, and all former Examples appears, That a papist Succes∣sor, if he happen to be, is of great Danger and Mischief to all Lay-papists themselves; but totally and inevita∣bly Destructive to all Protestants. See other Examples

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of Perjury by Popes, Bishops, and Papist Princes before, Lib. 2. p. 377.

Of the Destruction double to Protestants, if the Crown hap∣pen to fall to a Papist Successor Female; and not prevented as before.

It is before spoken of the Destruction inevitable, must fol∣low to Protestants, if a Male Papist Successor happen. But if a Female happen, it must be doubly Destructive; for she will Marry a Foreign Papist Prince; so the Protestants will be left naked, and exposed to the rage and Cruelties, both of a Papist, and a Foreign Sword. Hath not God given us already warn∣ing, fresh in Memory in the late Examples of Queen Mary of England, and Queen Mary of Scotland; one of whom Married King Philip of Spain, the other was sold by Cardinal Beton, and Married to the French Dauphin? And did not God even by Miracle, though we most unthankfully so soon forget it, Catch this Island as a Brand kindled at both ends out of the Fire, and hath he in vain given Sense, and Reason, and Strength to the Dull Protestants, so far to tempt him, and provoke his Judgment, as to cast it thither again; while the busie Papist hath barr'd all his Doors of Succession with his Laws against Hereticks, and his Salique Laws, to exclude alike both Female and Male Protestants?

(10.) The next Danger is, If no Successor should be Declared by the King and Parliament in regard of Foreign Princes.

That Danger is likewise very well expressed in the Statute 25 H. 8. Cap. 22. To have been the cause of great Bloodshed in this Realm, and to be one of the Causes why the King de∣sired to declare his Successor by Act of Parliament; as appears in these words, viz. And sometimes other Foreign Princes and Po∣tentates of sundry Degrees, minding rather Dissentions and Discord ot continue in this Realm, to the utter Desolation thereof, than Cha∣rity, Equity, and Ʋnity; have many times supported wrong Titles, whereby they might more easily and facily, aspire to the Superiority of the same; The continuance and sufferance whereof deeply consi∣dered and pondered, were too Dangerous and Perillous to be suffered within this Realm any longer; and too much contrary to the Ʋnity,

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Peace, and Tranquility of the same; being greatly Reproachable and Dishonourable to the whole Realm.

The not Declaring Edgar Atheling Successor by Act of Par∣liament in the Life of Edward the Confessor, let in the Foreign pretence of William the Conqueror; which if it had been done, 'tis probable that never any Norman Invador had dared to have set his foot on English Ground.

So 'tis probable the King of Spain had never been able to have seized on the Crown of Portugal, had not the Superstitious Portuguese inslaved their Blood Royal, to be Judged by the Pa∣pal and Episcopal Laws of Marriage and Succession, contrary to the Moral Law of God, whereby they left it in the Power of Popes or Bishops; if the Spaniard, or any other Papist Prince, would give or promise them Money, to Legitimate, or Illegitimate whom they would, and sell the Succession to the Kingdom at what rate they pleased; for as appears in that Ju∣dicious Author, though Anonymus who writes The interest of Princes, p. 95. The Case was this, Henry the Third Son of Emanuel, being according to the Papal Law, Heir to the Crown of Portugal, was accordingly Crowned Anno Dom. 1578. And being an Old Man, without Children, & sensible of the Disputes would arise after his Death about the Succession, erected a Ju∣dicature to hear and Determine the several Claims pretending to the same: Of which were Five, viz.

  • 1. Don Antonio Son of Lewis, second Son of Emanuel.
  • 2. Philip the Second King of Spain, Grandchild to Emanuel, by his eldest Daughter Isabella.
  • 3. Philibert Duke of Savoy, Grandchild to Emanuel, by his second Daughter Beatrix.
  • 4. Mary Dutchess of Rarma, eldest Daughter of Edward youngest Son of Emanuel.
  • 5. Katherine. Dutchess of Brigance, youngest Daughter of Edward, youngest Son of Emanuel.

Of the Exceptions Declinatory Don Antonio might have made to this Judicatory.

(1.) That 'twas no Convention of Estates Elected by the People.

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(2.) That the Judges were Elected by the King, who be∣came thereby Judge in his own Case; for King Henry was only the third Son of Emanuel, whereas Antonio's Father Lewis was second Son to Emanuel; so he being Son of Henry's elder Bro∣ther, Henry would be adjudged to restore the Kingdom to him, if the Judges were equal, and not of Henry's choosing.

(3.) That the Pope and Bishops were inequal Judges, they assuming the only Jurisdiction of Marriage and Succession, ac∣cording to the Papal Laws, who take Bribes, and Sell the Suc∣cessions of the Kingdom, and so become Judges in their own Causes; as 'tis well known in the Case of the Natural Son of Henry King of Castile, who bought a Legitimation of the Pope, and thereby excluded his Brother Peter born of a Canonical Marriage, after Peter had been admitted to the Throne, and acknowledged for King divers years.

(4.) That Pope Julius the Third put forth a Decree against the Promotion of Bastards, without the Assent of Don Antonio, or the people of Portugal, he ought not to be Judged by the Law of a Foreign Prelate, who thereby makes himself a Judge in his own Case.

The Reasons pretended why King Henry's Judges Adjudged Don Antonio Illegitimate.

  • 1. Because he was a Bastard in Reputation, but what is this to the purpose? what the vulgar think, who are Educated, and blinded in Popish Superstition, and thereby neither under∣stand what Legitimation, or Illegitimation means; Judges of Legitimation ought to be Wise men, and not Fools.
  • 2. Because when Pope Julius the Third, put forth a Decree against the Promotion of Bastards, Don Antonio sued to be ex∣empted, and thereby owned his Bastardy; and what is it to the purpose what a Foreign Pope, who ought to have no Ju∣risdiction in Portugal Decrees there, without the Assent of the People? or what Antonio did terrified with the superstitious fear of his Excommunications?
  • 3. Because Lewis his Father declared him by his last Will and Testament his Bastard Son; To which it may be said, That it was Testamentum inofficiosum, against the Law of God, and against the Law of Nature, and void; and he himself was there∣in

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  • worse than an Infidel, to Illegitimate him, whom in the same Testament he acknowledges to be his Son.
  • 4. Because Lewis never acquainted any of his Friends with his Marriage, nor told his Brother Henry in his Sickness. To which it may be said, Marriage or no Marriage, is a Mat∣ter of Law, and not of Fact; and Lewis being a Papist, under∣stood not what it was, but according to the Papist Laws, which are contrary to the Law of God: But 'tis manifest he acquaint∣ed his Friends, and Lewis himself, with what was Marriage and what was not; according to the Law of God, viz. Carnal Knowledge of the Mother, with whom he was not Prohibited to Marry by the Law of God, and begetting Don Antonio of her; besides Henry was no Competent witness in his own Case, of what his Brother told him or not.
  • 5. Because the witness brought to prove the Marriage of his Mother with his Father, Confessed they were suborned there∣unto. To which may be said, These Witnesses prove them∣selves to be Witnesses Incompetent, and are of no value; for a suborned Witness will as well Swear false in his Recantation, as in his first Testimony; It being the common practice of wicked Persons to hire Knights of the Post, to testifie at first, the same which true Witnesses or other Lawful Probation have proved; and after discover they were suborned, to draw Suspi∣tion on the true Testimony. Too much of the same wicked practices, have been to dishonour the true Evidence, hath been given against the late Horrid Popish Plotters.

The Reasons alleadged by the other Pretenders to the Crown of Portugal.

  • (1.)The King of Spain, by his Learned Lawyers alleadged against the Dukes of Parma and Brigance, that he was Grand∣child to Emanuel; whereas the two Dukes were great Grand∣children, and he was Couzin German of the first Degree to Henry the present King in Possession, whereas they were only Couzin Germans of the second Degree; and so the next Degree of Consanguinity was to be preferred before a more remote Degree, and this the Civilians pretended to be a strong Argument in their Law.

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  • (2.) That when John the Base Son of Pedro, was Crowned King of Portugal, it was to the Injury of the King of Castile, the right being in him, as having then Married Beatrix, the Legitimate Daughter and Heir of Ferdinando King of Portugal, Legitimate Son of Pedro, and Bastard Brother to Ferdinando Father to Beatrix.
  • (3.) Because Portugal was given away by a former King of Castile, in Marriage with one of his Daughters, contrary to the Law of the Land.

The Duke of Parma pleaded by Farneso Bishop of Parma, That being Son of the eldest Daughter of Edward fourth Son of Emanuel, he ought to be preferred before the King of Spain, being but Son of a Daughter of Emanuel; and therefore he de∣riving from the Male Line, ought to be preferred before him who derives only from the Female.

The Duke of Brigance pleaded his Cause himself, and against Spain alleadged the same as Parma did, and to Bar Parma, who was descended from the eldest Daughter, as himself was from the younger; Pleaded that Parma was an Alien, because an Italian, and he a Natural-born Portuguese.

The Duke of Savoy pleaded his Cause by Charles Renero, afterwards a Cardinal; but he being descended from a younger Daughter of Emanuel, as the King of Spain was from the eldest, he was presently excluded, as having no colour of Right.

Besides these Pretenders, Queen Catherine of France would have put in her Claim, as descended by her Mother from Alphonse; but the Claim being groundless, they denyed to re∣ceive it, and so the dispute remained between the King of Spain and the two Dukes of Parma, and Brigance; But King Henry dying while the business was in hot debate, and before he had decided the Controversie, the King of Spain making himself Judge in his own Case, seized on the Kingdom; which he, his Son and Grandson injoyed, near Threescore years after.

Had Antonio been allowed equal Judges, or the Law of God been the Rule of their Judgment, or had he been allowed to have pleaded the Law of the Land, and Custom of both Portu∣gal or Spain, for Natural Sons to succeed the Crown, he needed not have looked for more Examples of Natural Children, than

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those from whom King Philip himself derived his many Spanish Kingdoms; and according to the Customs of Portugal, Don Antonio was on the Death of Henry chosen, and Crowned King of Portugal, at Lisbon their chief City, till Philip sent the Duke of Alva thither with a greater Army than the Portuguese had, put Don Antonio to flight, whom the People had Elected King, and within Seventeen Days subdued all Portugal. Don Antonio thereon flyes into England, where he is kindly received of Queen Elizabeth, as descended of English Blood, and of the House of Lancaster, and having entertained him here divers years, his Title of being right Heir to the Crown of Portugal, is so far approved by the Queen and Council, and the Prote∣stant Doctrine, That she gave leave to Sir John Norris, and Sir Francis Drake, to undertake an Expedition at their own pri∣vate Charges, requiring nothing of her, but a few Ships of War, who took along with them Don Antonio, the Heir of the Kingdom of Portugal, and of Souldiers Eleven Thousand, and of Seamen about Fifteen Hundred. And setting Sail from Pli∣mouth the Fifth day of April, they arrived at the Groyne of Ga∣lizia, whereof with great Valour they took first the Lower Town, and afterwards the Higher; and after Sailing towards Portugal, they met Robert Earl of Essex, who without the Queens leave, had put to Sea; after two days they arrive at Penycha a Town of Portugal, which they took, and left the Castle to Don Antonio. And from thence they march by Land towards Lisbon, Threescore Miles off; the Foot Companies led by Norris, whom Drake promised to follow with the Fleet, being come to the West Suburbs of Lisbon, they found no body there, but a few poor disarmed Portugals, who cryed out, God save King Antonio. The day following, the Spaniards made a Sally, in which Skirmish Bret, Caresly, and Carre, three stout Commanders were Slain; yet did the Earl of Essex drive the Spaniards to the very Gates of the City. And now having tar∣ried here two Days, and no likelihood of the Portugals re∣volting, which Don Antonio had hoped (but was not probable, that the strict hand of the King of Spain then in full Possession on them, should give them that Liberty) sinding fresh Supplies to come into the Town, their own Army Sickly, Victuals and Powder failing, and what was most of all, Sir Francis Drake not bringing the great Ordnance, as he promised; They de∣parted

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from the Suburbs of Lisbon towards Caseais, a little Town, at the Mouth of the River Tagus, which Town Drake had taken this mean while; who excused his not coming to Lisbon, by reason of the Flats he must have passed, and the Castle of St. Julian Fortified with Fifty Pieces of great Ord∣nance. Near this Place, they found Threescore Hulks of the Hans-Towns of Germany, Laden with Corn, and all manner of Munition, which they took, as good Prize towards their Charges, in regard the Queen had forbidden them to carry Victual and Munition to the Spaniard. From hence they sailed to Virgo, a Forlorn Town by the Sea side, and Pillaging all along that Quarter, returned for England, having lost in the Voyage Soldiers and Marriners about Six thousand; yet not so much by the Enemy, as eating strange Fruit, and Distemper of the Climate; on which I shall only further observe, That King∣doms are not so easily got again, as they are lost, and that the Disinheriting of the Natural Heir of the Crown of Por∣tugal, was the cause of the seizure, and Conquest by the Spa∣niard of that Kingdom.

Foreign Princes, when the Successor is uncertain, will stir up so many antiquated Genealogies, that every one may pre∣tend a right to the Crown, and it hath been already mentioned, that there were no less than Five or Six to the Crown of Portu∣gal; no less than Ten Titles Foreign and Domestick in Scot∣land, in the time of Basiel and Bruce; and no less than Sixteen in England before the Death of Queen Elizabeth; and how far Papist Foreign Princes will go, when they have none nearer to draw Genealogies as high as the Man in the Moon, and when they have no substance to raise the Ghosts of Titles again from their old Purgatories, nor Kif nor Kin, to the last Possessors, appears by the next Example.

Richard Hacket, was sent from the English Fugitives beyond Sea, in the Reign of Queen Eliz. to perswade Ferdinando Stanly E. of Derby, Son to Henry newly Deceased, to assume the Title of the Kingdom of England, by right of Descent from Mary Daughter to Henry the Seventh; and threatning him unless he undertook the Enterprize, and withal concealed him the Abet∣tor, he should shortly die in a most wretched manner: But the Earl fearing a Trap was laid for him, revealed it, and Hacket was thereon Condemned, and Executed for Treason; but this

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Fellow's Threatnings proved not vain four Months after; for then the Earl being in the Flower of his Age, was miserably Tormented, and Vomited Stuff of a dark rusty Colour, being thought to be Poisoned or Bewitched; There was found in his Chamber, a little Image of Wax, with Hairs of the Colour of his Hair, which some thought was done on purpose that men should not suspect him to be Poisoned; his Vomit so stained the Silver Andirons, that it could never be gotten out; and his Body though put in Cere-Cloths, and wrapped in Lead, did so stink and putrifie, that for long time none could endure to come near where he was Buried, Bak. Hist. 402.

When good Correspondence between Queen Elizabeth and King James of Scotland, gave the Papists small hopes that ever he would prove an Instrument to restore the Catholick Reli∣gion, they begun thereupon to bethink themselves of some English Papist that might succeed the Queen; but finding none of their own Sect a fit Person, they fixed their thoughts on the Earl of Essex, who always seemed a very moderate Man, and him they advised to have some right to the Crown, by Descent from Thomas of Woodstock, King Edward the Third's Son. But the English Fugitives were for the Infanta of Spain, and de∣siring to set the King of Scots, and the Earl of Essex at odds, they set forth a Book which they Dedicated to Essex, under the Name of Doleman; but was written indeed by Parsons (Doleman's bitter Adversary) Cardinal Allen, and Francis En∣glefield; the Scope of which book was, to exclude from Succes∣sion all Persons whatsoever, and how near soever, unless they were Roman Catholicks; contending farther for the Right of the Infanta of Spain, as being descended from Constance Daugh∣ter of William the Conqueror, from Eleanor Eldest Daughter to Henry the Second, Married to Alphonse the Ninth King of Castile, from Beatrix Daughter to King Henry the Third; so if the Protestants will not take the pains to declare a Successor for themselves, 'tis plain the Foreign Papist Princes, will de∣clare one for them to the purpose; and first they declare for Religion, he ought not to be a Protestant, but a Catholick; Then for Blood, he ought not to be a Brittish, but a Foreign Blood. And in all Countries the Pope's Laws shall be a Salique Law, to exclude Protestant Blood from Catholick Dominions, and to intitle Catholick Blood to Protestant Dominions, so as

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if Protestant Princes Marry with Catholicks, they must play all against nothing. Most Excellent Nonsence in the Papist Law of Successions.

It exposes Succession to Counterfeit Wills and Testa∣ments.

Though the Law is sufficiently clear, That Kingdoms which are Publick Offices of Trust, are not devisable by last Will and Testament, as private Inheritances are; yet because the Pa∣pist Power of the Sword may pretend to any thing unless the Protestant Subjects have an Act of Parliament declaring a Pro∣testant Successor, as a Sheild under God to defend themselves against it, the same will be necessary to prevent even this Dan∣ger likewise. For what Monarch or Emperor is so great, as when sickness hath arrested and bound him with the fatal Cords of his Death-Bed (where every Woman, every Priest, every Doctor are his Gaolers) can promise himself Liberty to make a free Will? Yea, that he shall not have less than a private Subject, when his Keepers shall make use of his own Publick Name and Authority against himself, to exclude from him those faithful Friends, who will force their way through to relieve a private Person from those Furies of his Bed which Torment him: Or how can he promise himself, though he make his Will in his perfect Health, that as soon as he is dead it shall not be destroyed? For did not H. 8. use all the Caution possible to se∣cure his Will after his Death? Had he not an Act of Parliament which gave him Power to Nominate Successors by his Will, and made it High Treason for any to prejudice the Titles of the Persons so Nominated? Did he not solemnly inrole it in Chancery? yet when before the Death of Queen Elizabeth, an inquisition was made after the Will of H. 8. to see whom he had Nominated to succeed, in case she should happen to dye without Issue, they found the same to be taken by Bribe, or Stoln off the Cursitors File by some who intended to advance their own Title; for there were Sixteen Titles then on foot, Osborn. Tit. Queen Eliz. 99.

Plotina the Empress, Wife of the Emperor Trajan who was with him at his Decease, in regard she had a great favour for young Adrian, Plotted with him to help him to the Empire;

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and to that end, feigned that Trajan had adopted him for his Son, and shewed a Counterfeit Instrument or Writing to ••••at Effect; which matter was so cunningly handled, that it took such effect as she desired. And the Army presently swore Obe∣dience to Adrian, notwithstanding he was absent at Antioch in Syria, where he was left General, who being advertised there∣of, and the Legions whereof he was General consenting there∣to, he presently wrote to the Senate, intreating to be Con∣firmed in the Empire. And when the Senate had received his Letter, and understood what had passed, his Request was easily granted; for there was no denyal by old Men to young Men when once they had given so great a share of the Sword as they had not reteined a greater in their own hands, wherewith to recall the same when they thought good.

William the Conqueror likewise pretended a Will and a Pro∣mise of the Kingdom of England from Edward the Confessor; which though Edward notwithstanding his Holiness had no Au∣thority, or any thing to do, to give away from the Right Heir Edgar Atheling, nor to enslave the Land to a Foreigner; yet its known how ill effect these Pretences had, and the same might have been prevented if Edgar had been declared Succes∣sor by Act of Parliament in the life-time of Edward.

It incourages Usurpers.

For the ascertaining the Heir by Supreme Authority, where∣in both the Assent both of the King and People is included takes away, and the not ascertaining feeds Pretenders and their Par∣ties with hopes. So Tacitus lib. 3. Annal. Sic Cohibere pravos aliorum spes rebatur, by declaring a Successor in certain, he thought the wicked hopes of others were Checkt; and in ano∣ther place, Plena Caesarum Domus, Juvenis filius, Nepotes adulti moram cupitis Sejani adferebant; his House full of Caesars, his Son in Strength of Youth, his Nephews grown up, deterred the Ambition of Sejanus. And the best remedy King David used against Adonijah Proclaiming himself, was to Proclaim Solomon.

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In Titles Doubtful, it leaves an Interregnum.

The infinite mischiefs of Interregnums, either on doubtful Titles of Successions, or on doubtful Powers or Elections ap∣pearing in Histories, are too many to be here recited; and lest some should be so far deceived as to believe there can be no In∣terregnum by the Law of England, he is desired not to place his Faith in the Fictions of Lawyers, That the King never dyes, and there is no Interregnum, lest if by not declaring a Succes∣sor in his Life-time, whom God grant long to live; the contrary Effects appear when it will be too late to provide a Remedy.

It Cantons Kingdoms.

For so writes Justin of Alexander the Great. Alexander rogatus quem Haeredem faceret Imperii, respondit dignissimum; qua voce veluti Bellicum inter Amicos cecinisset, aut malum discordia immisisset; ita omnes in aemulationem consurgunt, & ambitione vulgi tacitum favorem Militum. Alexander being asked whom he would make Successor to his Empire, answered, The most Wor∣thy; By which, as though amongst his own Friends, he had sounded a Charge to Battel one against another, or had thrown the Apple of Discord amongst them, so did they rise together in Contention, and by courting the vulgar seek the secret favour of the Souldiers, and afterwards Canton'd out to themselves severally all the Provinces of the Empire. Ptolomy seized Egypt, and Cyrene, Laomedon Syria, Phylotus Cilicia, Pitho Media, Eumenes Capadocia, Antigonus Pamphilia, Licia and Phrigia major, Cassander Caria, Minander Pontus and Phrigia minor, Leonatus Assyria, Seleucus Persis, Lysima∣chus Thrace, Antipater Macedonia. The other Parts of the Persian Empire being left in their hands, unto whom Alexan∣der in his life-time had intrusted them. And the reason of this pulling to pieces of the Empire was, because as Curtius saith, Sine certo Regis Haerede, sine Haerede Regin' Publicas vires ad se quem{que} tracturum, without a declaring in certain of the Heir of the King, and of the Heir of the Kingdom, every one will catch what he can of the Publick strength to himself, and to what purpose but to destroy himself by destroying the

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Publick? For this Division continued not long, neither would it have done though they had been all Brothers; for every one thinks his share is not equal to his worth, when they have no publick Judge to judge equally between them; and in the end, the greatest part of them by Mutual Wars destroyed one ano∣ther, and left their shares for a prey to their Enemies. Clap∣marius as to this Destruction ensuing the not declaring of a Successor, saith farther, Sumo hoc pro arcano Regio adversus Regni Proceres, ubi enim Successor in incertò est ibi facile ad pristinum statum relabitur, ut olim Caroli Magni stirpe sublata cum postremus Germanorum Rex Neminem adoptasset, Regnum momento Devolutum est ad quinquaginta quatuor Imperii Principes. Sic Lon∣gobardi Mortuo sine Legitimo haerede Cleophonio in Populi potestateni lapsi sunt. Et in Polonia post quam stirps Lechi defecisset Comitiis de Constituenda Republica habitis Regnum duodecim invaserunt No∣biles. Et rursum cum stirps Craeci defecisset ad eandem Oligarchiam eadem occasione reversi sunt. I take this for an Arcanum of Kings against their great Men; for where the Successor is not decla∣red in certain, a Common-wealth doth easily relapse to its Ori∣ginal confusion. As when the Issue of Charles the Great failed, and the last Emperor of the Germains had Adopted no Suc∣cessor, the Empire in a Moment fell into the hands of Four and fifty Princes of the Empire. So the Lombards, Cleophonius their King being dead without Lawful Heir fell into the hands of the People. And in Poland after the Issue of Lechus failed, there being a Convention of Estates to constitute a Common-wealth, Twelve Nobles seized on the Kingdom. And again, when the Issue of Cracus failed, they fell back again on the same occa∣sion into an Oligarchy.

It Exposeth the Succession of Kingdoms to Sale.

Buch. Rer. Scot. lib. 7. pag. 206. saith, Mackbethus ut Regnum male partum stabiliret, potentiores Magnis Largitionibus sibi conciliat, se∣curus de Regis liberis ob aetatem, de vicinis Regibus ob Mutuas simul∣tates, Potentioribus delenitis Populi favorem aequitate parare seve∣ritate retinere decrevit. Mackbeth that he might Establish his ill-got Kingdom, binds to himself the great Men by great Gifts, being at that time secure from the King's Children, in regard they were under Age, and from the Neighbouring Kings by

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their mutual Quarrels one with another, having obliged the great Ones, he resolved to catch the People with Equity, and to keep them with Severity. In the time of H. 3. Richard Earl of Cornwall begging the King's Brother, and Alphonsus King of Spain, were each Competitors to be elected to the Empire of Germany. And the Seven Electors were ready to elect him who would give most to Buy it. In the end Richard being in Person in Germany and nearest at hand, and his Money readiest; he is preferred by the Bishop of Ment, the Bishop of Cologne, and the Palsegrave, whose Voices he is said to have bought; and was thereupon Crowned Emperor at Aquisgrave: And to reimburse himself of the great Sums he had disburst, and to confirm his Estate, he was set on by his Salesmen and Cour∣tiers, who expected likewise to have a share in Purchase. And proceeded in all Violent and Hostile manner against those who opposed his Election, and having consumed himself by exces∣sive Gifts to Buy Suffrages and Assistants; and by this Prose∣cution he came to be again dispossessed and forsaken, and with the loss of his Money, and contracting Debts; besides, he was forced to return home to England to his Brother, who was then in War with his Nobles, Dan. Hist. 174. It were infinite to recite all the Buyers and Sellers of Successions to Kingdoms, there having rarely been any Age or Nation wherein the Si∣mony of Churches and Kingdoms hath not been alike common, either by the Priest, Nobles, or Souldiers, and corrupted both the Divinity and Justice of both, except where an House of Commons hath had an hand in the Actual declaring the Suc∣cessor; when therefore a Successor is not declared by Act of Parliament, but left to buy his Right, these horrible Mischiefs ensue. First, To the Prince himself. Secondly, To the Peo∣ple. As to the Prince himself, these Mischiefs ensue.

(1.) If to buy a Kingdom he is known to give Donatives or Pensions, he raises a greater Party against him than he can ob∣lige for him; for if he give a Donative or Pension to one, he can oblige only that one; but for him disobliges an hundred.

(2.) No Person that receives a Bribe can be obliged by that Bribe, because what he doth is for Money, and not for Con∣science; and if any offer him another Bribe, he will as readily be for the last giver, as he was for the first; for the first giver of Money cannot take his Gift from him again: And the Mer∣cenary,

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if he hath but half so much giver by the second giver as the first, will think he shall be richer with a Gift and half, than only with a single Gift. Hence it is that,

Perdurat non empta fides, nec Pectora merces Alligat.

Claudian.
Bought Faith indures not, nor will hire bind The Traitor's heart, if greater hire he find.

And the Roman Mercenaries who were corrupted with great Donatives by one Emperor, before he was scarce warm in his seat, used to kill him, and if a new offered another Donative, set up him for the like time, till another offered them a new Donative. And so they perpetually Murdered them from Ge∣neration to Generation. It's true, many good Princes have been compelled to buy their Rights; and better it were they did so, than the same should be taken from them by one that hath no Right; but this can only be understood where there is a Necessity, and no Remedy: But where God is pleased to offer a just King, and a just Parliament to Judge equally, there is no Necessity of using any unjust means, though to obtain Right.

(3.) If a Prince buy not with ready Money, or Donatives given in Possession, but oblige himself in future Promises, if he obtain the Kingdom, the Mercenaries are so many who will expect to be promised, and their Nature so unsatiable, That no Prince can be so rich who is to obtain, nor can any King∣dom be so rich when it is obtained, as to be able to satisfie a small part of them, and who fail of their Expectation turn Enemies. As Rich. 3. promised the Duke of Buckingham, if he obtained the Kingdom, very great Rewards; but after he was King failed to perform the same, the Duke of Buckingham be∣came his Mortal Enemy, and King Richard paid his Promises by cutting him off for Treason, when he had first ruined Ri∣chard, by laying the Plot for Henry the Seventh.

(4.) If the Kingdoms are left exposed to Sale, a Papist Suc∣cessor will be richer than a Protestant; and so carry it by Mo∣ney, though not by Right.

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(5.) It impoverisheth and weakens the Prince and his Posteri∣ty. So the German Emperors have impoverished and weakened themselves by giving away so many Royalties to 7 Electors to buy them in Elections; That the Electors are greater than they.

The Mischiefs as to the People are.

(1.) The Sale of the Successions of the Three Kingdoms, and buying of them Destroys all Religion and Justice among the People; for your Kingdom-Sellers usually receive a great share of their Money out of the Power, they Contract to have of the Sale of all Publick Offices of Gain, both Ecclesiastical and Temporal; If therefore Bishops and other Ecclesiastical Per∣sons buy their Offices, they will neither Form nor Preach any Divinity, but for Gain. If Temporal Judges, or other Judi∣cial or Ministerial Officers buy their Offices, those who buy will sell, and take Bribes; and none shall have Justice unless he buys.

In Turky all the great Officers buy their Places of the Grand Seignior, whereby they run themselves into great Debts; which they rake out again of the poor People, by all manner of Rapine and Oppression. And though the fame is of the Great Turk's great Severity on the Bribery of Judges; yet no Courts in the World are more corrupt for that Vice than they: For what colour can the Emperor have to punish those Thieves to whom he himself is accessary, by selling their Licences to Rob at so dear a rate as he usually puts them to buy, and will after∣ward take the whole spoil if it grow to any bulk?

(2.) The Exchequer will be ingaged under unsupportable Debts, and charged with Pensions to a Multitude of Pretended Claimants of Promises, which will totally exhaust the Publick Treasure, load the People with insupportable Burdens and Taxes, and destroy all the Military Defence of the Kingdoms by Sea and Land for want of Pay.

(3.) Kingdom-Sellers will usually have Commissions to take all Penalties on the Penal Statutes, to Dispense and Pardon Of∣fences against those Statutes, and to Pardon or make Composi∣tion for the Penalties, which Penal Statutes concerning both Re∣ligion, Justice, Trade, Military Affairs, and the whole Policy of the Kingdom will be totally subverted by Money, by such said Kingdom-Sellers.

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It Exposes the Kingdom to Conquest.

For if a Successor is not declared by King and Parliament, a Multitude of Competitors may arise, and having no Judge of greater Power than themselves do try their right by Battel, and Civil Wars, wherein he who Joyns will declare himself a Con∣queror; from which these two Mischiefs will arise.

(1.) There cannot be a free Parliament, for the Sword will awe and over-power the Elections both of Burgesses and Knights; and when they come to sit, the greatest part of the Members will be Military Officers. The Conqueror will grant no Law except for Money, and the Army will have a Negative Vote on the Parliament.

(2.) All the Nation, especially the Rich and Noble which happen to be of the side that is Vanquished, whether right or wrong, will be either Fined or Confiscated, and many of their lives taken by their own Brethren of the same Religion and Nation; and therefore it most concerns the Nobles, and not the Poor, to prevent Civil War, as is visible in all the Victo∣ries obtained between the Houses of York and Lancaster, where∣in both Princes and Nobles destroyed one another, and set up their Heads upon Poles by turns. And it was the usual saying of Edward the Fourth in all the Battels he fought, Kill the No∣bles, but save the People.

Some further Examples of declaring Successors follow, be∣sides what before mentioned; To this purpose of declaring a Successor by Parliament, Grot. de Jur. Bel. & Pac. 111. says, Sic Euphaes Rex Messeniis permisit dispicere quem ex Regali Aepi∣tidarum genere Regnaret. Et de Xerxis & Artabarzanis Controversia Populus Cognovit. Et 179 sive in conventu ordinum ut factum in Anglia & Scotia, teste Cambdeno; sive per Delegatos ad id Negotium, ut factum in Aragonia, teste Mariana lib. 20. So King Euphaes permitted the Messenians to consider who ought to Reign of the Royal race of Epitidae. And the People of Persia had Co∣nusans of the Controversie between Xerxes and Artabarzanes; Or the same is determined in Parliament, as Cambden testifies is done in England and Scotland, or by Delegates of the People as Mariana testifies lib. 20. was done in Aragon. So King Edward the Third, the Wise Author of this great Statute whereon this Discourse hath proceeded to prevent Civil Wars

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on any doubt arising on Succession to the Crown, not only de∣clared his eldest Son by this Statute; but likewise he happening to Die in his Father's Life-time, caused (to prevent all farther Scruples) his Grandchild Richard of Bourdeaux, to be declared Successor by Act of Parliament.

Moses being told that he should die, Numb. 27.15. desireth God to declare a Successor. And Moses spake unto the Lord say∣ing, Let the Lord the God of the spirits of all flesh, set a Man over the Congregation, which may go out before them, and which may go in before them; and which may send them out, and which may bring them in. That the Congregation of the Lord be not as sheep which have no shepheard. And the Lord said unto Moses, Take thee Jo∣shua the Son of Nun, a Man in whom is the Spirit, and lay thine hand upon him, and set him before Eleazer the Priest, and before all the Congregation, and give him a Charge in their sight; and thou shalt put some of thine Honour upon him, that all the Congregation of the Children of Israel may be Obedient. And he shall stand before Eleazer the Priest, who shall ask counsel for him after the Judg∣ment of Ʋrim before the Lord, at his word shall they go out, and at his word shall they come in, both he and all the Children of Israel with him, even all the Congregation. And Moses did as the Lord commanded him, he took Joshua and set him before Eleazer the Priest, and before all the Congregation; and he laid his hands on him, and gave him a Charge, as the Lord commanded by the hand of Moses.

Here appears that Joshua is declared Successor by Counsel from God by Moses, and the Priest, and the Assent of the People; and it's very likely, if a Successor had not been decla∣red, the People would have fallen together by the Ears as soon as Moses had been Dead. And as is usual in all Armies divided, the Government by Military Elections, and recourse to the Sword to be Judge, whereby they had never Conquered the Cananites, but the Cananites them.—

King David likewise to leave his House and Kingdom in Peace, and to prevent Civil Wars, declares Solomon his Suc∣cessor, and Inaugurates him while he was yet alive, 1 Kings 1.32. And King David said, Call me Zadock the Priest, and Na∣than the Prophet, and Benaiah the Son of Jehoiedah; and they came before the King, and the King said unto them, Take with you the servants of your Lord, and cause Solomon my Son to ride upon my

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own Mule, and bring him down to Gihon, and let Zadock the Priest and Nathan the Prophet anoint him there King over Israel, and blow ye the Trumpet and say, God save King Solomon, Then ye shall come up after him, that he may come and sit upon my Throne, for he shall be King in my stead. And I have appointed him to be Ruler over Israel, and over Judah. And Benaiah the Son of Jehoiedah answered the King and said, Amen. The Lord God of my Lord the King say so too; As the Lord hath been with my Lord the King, even so be he with Solomon, and make his Throne greater than the Throne of my Lord King David. So Zadock the Priest, and Nathan the Prophet, and Benaiah the Son of Jehoiedah, and the Cherethites, and the Pelethites went down, and caused Solomon to ride on King David's Mule, and brought him to Gihon: And Za∣dock the Priest took an horn of oyl out of the Tabernacle, and an∣nointed Solomon; and all the People came up after him, and the People piped with Pipes, and rejoyced with great Joy; so that the Earth rent with the sound of them.

Notes

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