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LIB. III. CHAP. II.
Whether Necessary in the present Juncture of Affairs, for the King and Parliament to declare a Prote∣stant Successor to the Three Kingdoms of Eng∣land, Scotland and Ireland?
TO prepare which Question for the Consideration of Supream Authority, it will be necessary first to re∣cite the Objections which are made for the Ne∣gative; And then the Reasons which are brought for the Affirmative.
Object. 1. Declaring a Successor by the King and Parliament, makes the Kingdom Elective, and not Hereditary.
Answ. 'Tis acknowledged, if the Declaration were to be by the Parliament Sole without the King, it might possible make a Kingdom Elective; but where by Law the King hath a Nega∣tive, and the Declaration is not made without his Consent, it is otherwise; for it is sufficient to make a Kingdom Hereditary, if the Law make it descendible to the King's Heirs, in Case it be not otherwise by the King himself and Parliament actually disposed of, which is seldom done, and in Cases of Necessity. But yet are they not disabled of the Power to do it when they think necessary, as a private Inheritance doth not therefore cease to be Hereditary, because the Owner hath Power to Give, Sell, Alien, or otherwise dispose of it; 'tis sufficient if by Law it descend to his own Heirs, unless he Actually happen according to Law to dispose of it from them.