Notes - Springer978-1-349-12952-2/1.pdf · 260 Notes to pp. 4-9 ... stition' which had made hereditary monarchy 'a curse instead of a ... the Scottish community there 'that so important

Notes

Introduction: The Succession in History and Theory pp. (1-12)

1. Cooke, History of the Successions, p. 27. The story also figures in Shakespeare's history plays, having been taken by him from Holinshed's Chronicles and used in Henry W, Part 2. In Shakespeare's account of the deathbed scene between Henry and his heir apparent Hal, Henry says 'God knows, my son, By what bypaths and indirect crooked ways I met this crown' (IV, v, 183-5). For Shakespeare, however, Henry IV was not so much uncertain of his right as he was burdened by his gUilt. The king agonises over his claim to the throne and asks God's forgiveness for having taken it from Richard IT: 'How I came by the crown, 0 God forgive, .. .' (IV, v, 18). Hal, on the other hand, is free of his father's misgivings. 'My gracious liege,' he says, 'You won it, wore it, kept it; gave it me. Then plain and right must my possession be, .. .' (IV, v, 220-2).

2. Twysden, Certaine Considerations, p. 62. 3. In the eleventh century William I, a bastard, claimed as a conqueror and by

right of nomination, the promise of the throne having been made to him by Edward the Confessor; William Rufus and Henry I succeeded in tum to their father's throne despite the better hereditary claim of their elder brother, Robert; the Empress Matilda was forced to yield her right to her cousin, Stephen, who seized the throne and enforced his claim by citing his election by the barons; and Matilda's son, Henry IT, took the crown at Stephen's death in 1154, pursuant to a treaty concluded the year before. Not until 1189, with the accession of Richard I, was an English king succeeded by his eldest son. This, however, did not signal the transition to succession by hereditary right. Ten years later, John, rather than the under-age Arthur (son of Geoffrey, Henry II's deceased second son; John was Henry's third son), succeeded Richard.

4. Maitland, Constitutional History, p. 98. 5. Ibid., pp. 97-8. See, too, Stubbs, Constitutional History, vol. I, pp. 514-15. 6. Edward ITI, of course, came to the throne as a consequence of his father's

having been deposed, but in his case the principle of election was both complicated and mitigated by the new boy king's having also been acknowledged as Edwllfd IT's heir. Edward ill was fifteen in 1327.

7. Rotuli Parliamentorum, vol. VI, p. 270. 8. Bacon, History, p. 46. 9. 1 Jac.I. c.l. Statutes of the Realm (SR), vol. IV, pt IT, p. 1018.

10. Actually, an even better case was to be made for the inheritance having come from both parents. The point had not been lost on James I who, in that first statute recognising his title, was careful to trace his own descent not only from Henry VII,but from 'the highe and noble princesse Queene Elizabeth his wife, eldest daughter of Kinge Edwarde the Fourthe' as well. SR, vol. IV, pt II, p. 1018.

11. Immediately upon learning of her brother's death Mary claimed the throne

259

260 Notes to pp. 4-9

by the 'provisions as have been made by act of Parliament and the testament and last will of our late dearest father, King Henry VIII.' Letter to Sir Edward Hastings (9 July 1553), in Strype, Ecclesiastical Memorials, vol. III, App. p. 3. Elizabeth's Act of Recognition (1 Eliz. c.3) not only cited the authority of Henry VIII's third Act of Succession, it went on to assert that 'the lymitacion and declaracion of the succession of this realme mentioned and conteined in ... [35 Hen. VIII. c.l] ... shall stande bee and remayne the law of this realme for ever.' SR, vol. IV, pt I, p. 359.

12. 13 Eliz. c.1. SR, vol. IV, pt I, p. 527. 13. Counting English 'civil wars' in the seventeenth century is not as

historiographically dangerous as counting 'revolutions,' but it is still a tricky business and open to a number of conventions. My reference here is to 1642-46, 1648, and 1651. J. G. A. Pocock, in a recent article, extends the list to four. 'Fourth English Civil War,' pp. 151-66.

14. Dunham and Wood, 'Right to Rule,' pp. 739, 761. 15. Barrington, Revolution and Anti-Revolution Principles, p. 51. 16. Dunham and Wood, 'Right to Rule,' passim. 17. Doleman, Conference About the Next Succession, pp. 198-9. 'Doleman' was

Parsons' pseudonym. 18. Treason Unmask'd, p. 251. To be sure, the belief in an hereditary crown

indefeasibly vested by divine right did not die with Anne. The accession of George I could be regarded as merely one more breach in the descent of the crown which would need eventually to be put right; but as Jonathan Clark has demonstrated, it did not render 'the doctrine [of indefeasibility] intellectually unavailable.' Clark, English Society 1688-1832, p. 125.

19. See Dickinson, 'Eighteenth-Century Debate on the "Glorious Revolution",' pp. 28-45; Dickinson, 'Eighteenth-Century Debate on the Sovereignty of Parliament,' pp. 189-210; and FrankIe, 'Parliament's Right to Do Wrong,' pp.71-85.

20. Deuteronomy 17:15. 21. Nalson, Common Interest of King and People, p. 88. 22. Barrington, Revolution and Anti-Revolution Principles, p. 16. 23. Assheton, Royal Apology, p. 1. 24. Whig historians tended to overlook the values of certainty and continuity in

the making of a stable political order and focused instead on the indefeasible right of hereditary succession as a support for absolutism jure divino. Macaulay, especially, was critical of what he believed was the slavish worship of hereditary monarchy. He regarded it as 'a good political institution,' but lamented that 'bigoted and servile theologians had turned it into a religious mystery, almost as awful and as incomprehensible as transubstantiation itself.' Indefeasible right, he believed, was an 'abject and noxious superstition' which had made hereditary monarchy 'a curse instead of a blessing to society.' Macaulay, History, vol. III, p. 1287. See also Speck, Reluctant Revolutionaries, pp. 2-3.

25. Kantorowicz, King's Two Bodies, pp. 11-12, n.9. 26. Coke, Third Institutes, p. 7. See, too, Coke's report of Calvin's Case. 7

Reports 18. 27. Cowell, Interpreter. 28. Coke, 7 Reports 17.

Notes to pp. 10-17 261

29. Doleman, Conference About the Next Succession, p. 185. 30. Wentworth, Discourse, p. 8. 31. Treason Unmask'd, p. 251. 32. Fortescue, De Laudibus, p. 87. 33. Any remedy that smacked of conquest was fraught with danger. Hooker,

Bacon, and Coke, three of the era's best minds, worried that conceding a title by conquest would allow the conqueror 'the power of disannulling of laws and disposing of men's fortunes and estates'. Bacon, History, p. 40. See, also, Hooker, Ecclesiastical Polity, Book VIII. ch. 6.1; and Coke, Calvin's Case, 7 Reports 30.

34. Parliamentary History (PH). vol. III, p. 1125. 35. Mulgrave, Humanum est Errare, p. 5.

1 The Late Elizabethan Succession Question (pp. 13-25)

1. Other routes to Elizabeth's throne, especially attractive to those advocates whose candidates never got there, were more fanciful. The Jesuit, Robert Parsons, was drawn in 1596 to the notion that the Pope, as 'feudal overlord of England by virtue of King John's submission in 1212 to the legate Pandulphus', had the right to choose the queen's successor. P. Holmes, 'Authorship and Early Reception of A Conference,' p. 424. There was also the report in 1602 that the throne would go to no one, that the English intended, after Elizabeth's death, 'to govern the kingdom by States, as they do in the lowe Countries'. Letter, cited by Cheyney, History, vol. n, p. 558.

2. 13 Eliz., c.l. See also Levine, Tudor Dynastic Problems, pp. 119-20; Stafford, James VI, p. 8; and Hurstfield, 'Succession Struggle,' p. 107.

3. Smith, De Republica Anglorum, p. 49. 4. 13 Eliz. c.l. 5. 35 Henry VIII. c.1. 6. Harbin, Hereditary Right of the Crown, pp. 208-9. 7. Levine, Early Elizabethan Succession Question, pp. I, 10-11. 8. Ibid., pp. 21, 203. Yet even were it to be conceded that the children of

Catherine Grey were illegitimate and thereby incapacitated from the succession, there was still the cadet branch of the Suffolk line, descended from Catherine's younger sister Eleanor. See Harbin, Hereditary Right of the Crown, p. 207.

9. Neale, Queen Elizabeth I, p. 292. 10. Axton, Queen's Two Bodies, p. 132. 11. Letter from Father Parsons to Sessa, 1600, cited by Hicks, 'Sir Robert Cecil,

Father Persons, and the Succession,' p. 120; Scaramelli, Venetian Ambassador, to the Doge, 1603. Calendar of State Papers . .. Venice . .. (CSP Venetian) (1603-1607) p. 49. Hicks asserted that 'a party was being won for the Infanta in the course of 1599 and 1600.' Hicks, p. 98. It was a development that the government took seriously. Hurstfield, 'Succession Struggle,' pp. 112-13. None the less, the Spanish procrastinated and ultimately took no action at all. Hicks, p. 130; Pollen, 'Accession of King James I,' p. 573; Pollen, 'Question of Queen Elizabeth's Successor,' p. 532.

12. Stafford, James VI, p. 287; Willson, King James VI and I, p. 157. 13. Bruce, Correspondence, xii; Neale, Queen Elizabeth I, p. 403.


14. Smith, Elizabeth Tudor, p. 218. See also Neale, 'Peter Wentworth,' p. 181; and Hurstfield, 'Succession Struggle', pp. 104-34. Hurstfield believed that James's accession was assured by the time of Blizabeth's death although he allowed for considerable uncertainty in the succession as late as 1599. 'Succession Struggle', pp. 134, 113.

15. Wilbraham, Journal, p. 54 (entry for 20 March 1603). Henry Hooke, in 1601, had expressed his fear both of the 'enemy from without, as [well as] of seditious and mutinous people within the realm'. Hooke, 'Of Succession to the Crowne of Bngland,' fol. 14.

16. Cheyney, History, vol. II, p. 575. 17. Letter dated 3 April 1603 (24 March old style). CSP Venetian (1603-1607)

p. 15. Similarly, the Venetian ambassador in France reported the relief of the Scottish community there 'that so important an event should have passed off quietly.' Ibid., p. 4.

18. Read and Read, Elizabeth of England, p. 105. 19. Neale, Queen Elizabeth I, p. 403. See also Hurstfield, 'Succession Struggle,'

p. 128; and Stafford, James VI, pp. 253-4. 20. Camden, History, p. 26. 21. Ibid., p. 27. 22. Ibid., p. 269. Camden also reported that Huic, the queen's physician, had

dissuaded Blizabeth from marriage for an unidentified 'womanish Impotency'. Ibid., p. 83.

23. Harington did not identify Elizabeth's problem specifically, but he referred to her flirtatiousness with her courtiers as a strategem 'to hyde that debility, enduring rather to run into some obloquie among strangers of a fault that she could not committ, then to be suspected to want anythinge that belongs to the perfection of a faire ladie'. Harington, Tract on the Succession, p. 40.

24. Patterson, Ben Jonson's Conversations, p. 30. 25. Axton, Queen's Two Bodies, pp. 1-3, 81; Levine, Early Elizabethan Suc

cession Question, p. 89; Neale, 'Peter Wentworth,' p. 176; Sharpe, Sir Robert Cotton, pp. 199-201.

26. Craig, Right of Succession, p. 1. See also Wilson, State of England, p. 2; and Cheyney, History, vol. II, pp. 557-9.

27. Levine, Early Elizabethan Succession Question, p. 32. 28. Neale, 'Sayings of Queen Blizabeth,' p. 216. 29. Northumberland to James, undated letter c.1601. Bruce, Correspondence,

p. 57. Harington, however, citing an unidentified 'discreete Ladye' as his source, asserted that the queen once said 'the lyne of Scotland must needs be next heires.' Harington, Tract on the Succession, p. 46.

30. Craig, Right of Succession, p. 410. See also Camden, History, p. 659. Elizabeth's jealousy of would-be successors can be attested as early as 1561, when she remarked that 'Princes cannot like their own children, those that should succeed unto them.' Levine, Early Elizabethan Succession Question, p. 34.

31. Doleman, Conference About the Next Succession, p. 259. 'Doleman' was the pseudonymn used by Parsons (see note 51 below); Harington, Tract on the Succession, p. 75.

32. Wentworth, Pithie Exhortation, pp. 55, 66, 79-81.


33. Wilson, State of England, p. 9. In 1598 Cecil reminded James that although Elizabeth was not disposed to it, she might 'take that offer which her people have often made her to receive into her own power by consent of the 3 estates the disposition (by nomination in her last will) of the crown of England'. Stafford, James VI, p. 192, citing State Papers Scotland, Ln, pp. 198-201.

34. Hooke, 'Of Succession to the Crowne of England,' fols. 4V-5, 6V. Bruce, without citing any authority for the position, asserted that Elizabeth 'had some vague notion of her own prerogative right, as the last of a certain line of princes, to indicate her succession by her will'. Bruce, Correspondence, XI. See also Levbte, Early Elizabethan Succession Question, p. 195.

35. Wentworth, Discourse, p. 37. 36. Doleman, Conference About the Next Succession, Part 2, p. 259. 37. Craig, Right of Succession, p. 53. 38. The only question expressed by most politically interested contemporaries

was whether she had actually named James as her successor. On that issue there is a split between those who held that the queen said nothing conclusive, but did make a definitive death-bed sign of her choice [R. Cary, Memoirs, pp. 119-20; Nicolo Molin, 'Report on England presented to the GovemmentofVenice in the year 1607,' CSP Venetian (1603-1607) p. 510], and those who accepted that the queen, in January, confided to Nottingham that she wished to be succeeded by James, and confinned that nomination to her counsellors orally on the eve of her death [Manningham, Diary, p. 245; Nichols, Progresses, vol. m, pp. 607-8; Marin Cavalli, Venetian Ambassador in France, to the Doge and Senate, CSP Venetian (1603-1607) p. 7] .. There were, however, some who were more skeptical. The French ambassador in London reported that the queen 'left no will, nor did she name her successor,' although within a fortnight of Elizabeth's death he had spOken to Nottingham and Cecil and, consequently, had revised his account. CSP Venetian (1603-1607) p. 16; Birch, Memoirs, vol. n, p. 508; Neale, 'Sayings of Queen Elizabeth,' p. 229. Another contemporary, John Clapham, the author of what may be the most properly circumspect rendering of these events, concluded that the 'reports, whether they were true indeed or given out of purpose by such as would have them so believed, it is hard to say.' Ellis, Original Leners, vol. m, p. 195; Read and Read, Elizabeth of England; p. 101.

39. Molin, 'Report on England,' CSP Venetian (1603-1607) p. 510. Scaramelli, the Venetian secretary in England, argued that the Council deliberately suppressed the queen's nomination of James so as to make the Council itself more important in the choice of James as the new king. CSP Venetian (1603-1607) p. 2.

40. Historians, too, have been circumspect in their recounting of Elizabeth's death-bed activities (see Willson, James VI and I, p. IS8, and Levine, Early Elizabethan Succession Question, p. 29), but they generally incline to Cheyney's judgement that 'the testimony to some such nomination is conclusive.' Cheyney, History, vol. n, p. 575; Neale, 'Sayings of Queen Elizabeth,' pp. 228-32; Stafford, James VI, p. 291. Camden, on the other hand, accepted as true the full story of Elizabeth's designation of James, and this

·264 Notes to pp. 21-3

was certainly the standard view throughout the Stuart period. See the 1703 translator's preface to Craig, Right of Succession; and Harbin, Hereditary Right of the Crown, pp. 209-12.

41. Thomas Wilson, analysing the succession problem in 1601, observed that 'there are 12 competitors that gape for the death of that good old Princess the now Queen'. Wilson, State of England, p. 2. Of these, Joel Hurstfield conceded five, in the 15908, as worthy of serious consideration; and of those five, there were three who 'received the particular attention of the succession speculators and the chanceries of Europe, namely James VI of Scotland, Arabella Stuart, and the Infanta'. Hurstfield, 'Succession Struggle; p.108.

42. Lawson, Politica Sacra & Civilis, pp. 149-50. 43. Ibid., p. 150. 44. Hicks, 'Father Robert Persons S. J. and The Book of Succession,' p. 115. 45. Wentworth, Pithie Exhortation, p. 46. 46. Ibid., p. 25. 47. Ibid., pp. 7, 9, 10. 48. Ibid., p. 18. 49. Wentworth, Ibid., p. 30. See also Cheyney, History, vol. II, p. 279. 50. Wentworth, Pithie Exhortation, p. 8. Elizabeth took the opposite view. She

was reported to have said that declaring her successor would ultimately produce bloodshed. Neale, 'Parliament and the Succession Question,' p.499.

51. It has for a long time been widely accepted that A Conference About the Next Succession to the Crowne of Ingland, also known as The Book of Titles, is the work of the Jesuit Robert Parsons. What is not clear is whether Parsons was the sole author. Among Parsons' contemporaries, Thomas Wilson, for example, attributed the work to Parsons alone (Wilson, State of England, p. 5), while Camden believed that Cardinal Allen and Sir Francis Inglefield were, along with Parsons, joint authors (Camden, History, p. 482). Among modem scholars, Leo Hicks argues vigorously for the joint authorship hypothesis (,Father Robert Persons S. J. and The Book of Succession,' pp. 126-8), while Charles Howard Mcilwain (James I, Political Works, xcii) and Pollen ('Question of Queen Elizabeth's Successor: p. 526) incline markedly the other way. More recently, Peter Holmes has argued persuasively for Parsons as sole author, a truth that Parsons attempted to conceal because of the generally unfavourable reception that the book received among Catholics. P. Holmes, 'Authorship and Early Reception of A Conference,' pp.415-29.

52. Parsons made the hereditary case for the Infanta by tracing her back through the Portuguese royal line to Philippa, eldest daughter of John of Gaunt by his first wife, Blanche of Lancaster. Doleman, Conference About the Next Succession, pp. 160-1. Parsons wasn't the only one with an interest in having the succession question confused. Harington claims that Elizabeth and her Council, while Mary Stuart was alive, 'thought as fitt that for a counterpoise to the Queen of Scottes pretence some other tytles should underhand be sett on foot at home.' Harington, Tract on the Succession, p.41.

53. James I, Political Works, xciii. Written in Latin, the Right of Succession was


translated into English in 1703 when the uncertain prospects for a continued hereditary succession were once again a topic for concern and debate.

54. Doleman, Conference About the Next Succession, part 2, pp. 258-61; Craig, Right of Succession, pp. 2-3, 405.

55. Craig, Right of Succession, p. 1. 56. Doleman, Conference About the Next Succession, p. 241. 57. Bailey, Succession to the English Crown, p. 200. Stafford believed it to have

been more likely that Burghley, early on, was a supporter of the Suffolk claim, but that later, from the mid-80s, he inclined towards James. Burghley, like his mistress, never committed himself, and James continued to regard the elder Cecil with deep suspicion. Stafford, James VI, pp. 204-5. See also Camden, History, p. 122.

58. Parsons appreciated Arabella's attractiveness as 'an Inglish woman, borne in Ingland, and of parents who at the tyme of her birth were of Inglish allegeance.' Doleman, Conference About the Next Succession, part 2, p. 124.

59. Stafford, James VI, p. 117. 60. Hicks, 'Sir Robert Cecil, Father Persons, and the Succession,' p. 113;

Hurstfield, 'Succession Struggle,' p. 113. 61. Pollen, 'Accession of King James I,' p. 577; Pollen, 'Question of Queen

Elizabeth's Successor,' p. 530. It was also rumoured that Robert Cecil had been despatched by Elizabeth in 1588 to propose a match between Arabella and Edward's elder brother, Ranuccio. CSP Venetian (1603-1607) p. 41.

62. Stafford, James VI, pp. 288-9. 63. Bailey, Succession to the English Crown, p. 201. 64. As Hicks noted, Cecil, Nottingham, and Buckhurst were politiques under

standably 'bent on securing a continuance of their power.' Hicks, 'Sir Robert Cecil, Father Persons, and the Succession,' p. 116. He believed that Cecil did an about face after the fall of Essex and switched his succession support from the Infanta to James, pp. 124, 136. Hurstfield, on the other hand, denied that Cecil was ever sympathetic to the Infanta's claim, and dismissed the argument as a 'wishful delusion'. Hurstfield, 'Succession Struggle,' p. 114.

65. Essex, himself, had been another possibility for the succession. Camden noted that in 1599 the earl's 'Followers and Friends made great boasts, that he was descended from the Royal Family of the Scots ... and of the Bloud Royal of England ... : and that for this Reason he had a better Title to the Sceptre of England than any other of the competitours.' Camden, History, p. 568. See also Stafford, James VI, p. 198n. Yet whatever personal aspirations Essex harboured, he conspired in the last years of his life to secure the succession for James. Stafford, James VI, pp. 223-4; Cheyney, History, vol. II, p. 556; Elton, England Under the Tudors, p. 471.

66. Machiavelli, The Prince, ch. XVII. 67. Bruce, Correspondence, p. 60; Stafford, James VI, p. 274. James may also

have been in touch with Rome, allowing for the possibility of the reconversion of Scotland and indirectly soliciting Catholic support for his claim to the English crown. Warner, 'James VI and Rome,' pp. 124-7.

68. Cheyney suggests that 'it is not impossible ... that it [the secret correspondence] was all laid before her.' Cheyney, History, vol. II, p. 557. Elton, hazarding a much bolder stance, asserts that Elizabeth 'knew what went on


but said nothing. ' Elton, England Under the Tudors, p. 474. Neither Cheyney nor Elton adduces, however, any evidence in support of Elizabeth's knowledge of the Cecil-James negotiations.

2 God's Providence and Man's Presumption (pp. 26-54)

1. Doleman, Conference About the Next Succession, part 2, p. 171. 2. Peter Wentworth, Pithie Exhortation, p. 28. 3. Constable, Discovery of A Counter/ecte Conference (1600), pp. 36-7. This

work has also been attributed alternatively to William Clitheroe and Charles Paget. See P. Holmes, Resistance and Compromise, p. 195; and P. Holmes, 'The Authorship and Early Reception of A Conference About the Next Succession to the Crown of England,' p. 424. Also see 'Charles Paget'. Dictionary of National Biography, vol. XLm, p. 48.

4. Craig, Right of Succession, pp. 11. 76. 5. Ibid., pp. 247-8, 379. 6. Levine, Early Elizabethan Succession Question. p. 109. See also Edward

VI's Letters Patent for the limitation of the crown, 21 June, 1553, quoted in Levine, Tudor Dynastic Problems, pp. 167-8.

7. Doleman, Conference About the Next Succession, part 2, pp. 91-3; Craig, Right of Succession, p. 248; Levine, Early Elizabethan Succession Question. p.l08.

8. Constable, Discovery of A Counter/ecte Conference, p. 44. 9. In response to the objection that James's alien status was a common law

impediment to his inheritance of English land and a fortiori to his inheritance of the crown, it was noted by Parsons that there were ~hose who believed no maxim of the law applied to the descent of the crown 'except expresse mention be made thereof, and that the crowne is privileged in many pointes that other private heritages be not.' Doleman, Conference About the Next Succession, part 2, p. 113. See also Harington, Tract on the Succession; and Lucas, 'Two Paths of Descent.'

10. James I, Political Works, p. 37. 11. Camden, History, p. 361. 12. Doleman, Conference About the Next Succession, pp. 34-5. 13. Hooke, 'Of Succession to the Crowne of England,' fol. 16v. 14. Harington, Tract on the Succession, p. 71. 15. Hayward, Answer to the First Part of a Certaine Conference, cap. 3. In 1599

Hayward had published an account of Richard m's deposition. imprudently dedicated to the Earl of Essex. Although the work did not purport to justify the deposing of a monarch, Hayward was imprisoned by a nervous Elizabethan government and not released until after Essex's execution.

16. Craig, Right of Succession, p. 127. 17. Ibid., p. 127; also pp. 86-8. Robert Cecil who, at one point in his secret

correspondence with James, sought to persuade the Scottish king of Elizabeth's respect for the hereditary principle of succession, denied that his queen was inclined 'to cutt off the naturall branch, and graft uppon some wilde stocke.' Bruce, Correspondence, p. S.

18. Doleman, Conference About the Next Succession, pp. 126-7. If the king were


to be a life tenant only, he would be, it was argued, much less mindful of the public weal. Craig, Right of Succession, pp. 73-4.

19. Cooper, 'Patterns of Inheritance', pp. 206-S. 20. Craig, Right of Succession, p. 72. 21. Doleman, Conference About the Next Succession, p. 127. 22. See also Craig, Right of Succession, pp. 72, 77. 23. Doleman, Conference About the Next Succession, p. 129; Craig, Right of

Succession, p. 11; Harington, Tract on the Succession, p. 52. 24. Hayward, Answer to the First Part of a Certain Conference, cap. I, p. IS. 25. Doleman, Conference About the Next Succession, p. 12S. 26. The crown did not pass by representative primogeniture in 1199 when Richard

I died and was succeeded by John, rather than by Arthur, the child of John's deceased elder brother Geoffrey. Faced with this apparent inconsistency, Parsons argued, as he was always pleased to do, that here was one of many anomalies in the hereditary descent of the English crown. He noted that John took the throne because he was nearer in degree, a generation closer to Richard I than was John's nephew, and that this was a better rule to follow. Doleman, Conference About the Next Succession, part 2, pp. S, 59, 7S,87-8, 146. Craig, on the other hand, believed in the consistency of the per stirpes rule and elected to dismiss the anomaly of John's accession by labelling it a usurpation. Craig, Right of Succession, pp. 249-50, 311, 317. This inconsistency, however, could be explained: whereas per stirpes descent had not yet worked its way completely into the common law of inheritance by the end of the twelfth century, it was, two hundred years later, firmly established. More important, the change demonstrated a reason to believe in an emerging rule of monarchical succession running parallel to that of private inheritance, and the possibility that as the rules of private descent continued to change, so too might those controlling the estate of the crown.

27. Bruce, Correspondence, p. 58. 28. Doleman, Conference About the Next Succession, p. 133. 29. • ... hee is their heritable over-lord, and so by birth, not by any right in the

coronation, commeth to his crowne; ... For at the very moment of the expiring of the king reigning, the nearest and lawful heire entreth in his place.' James I, Trew Law, in Political Works, p. 69. See also Doleman, Conference About the Next Succession, p. 120; Craig, Right of Succession, pp. 200-3; Manningham, Diary, p. 242; and Colvill, Palinode, in Original Letters, n.p.

30. Peter Wentworth, Discourse, p. 95. 31. Craig, Right of Succession, pp. 61-2. 32. Ibid., pp. 62, 123-4. 33. Wentworth, Discourse, pp. 47-8; Neale, 'Peter Wentworth,' pp. 199-200. 34. Doleman, Conference About the Next Succession, part 2, p. 113; Harington,

Tract on the Succession, p. 57; See also Wilson, State of England, p. 7. 35. See also Axton, Queen's Two Bodies, especially pp. 28-31; and Kantorowicz,

King's Two Bodies, wherein these matters are discussed at length. 36. Hayward, Answer to the First Part of a Certaine Conference, cap. 6; Craig,

Right of Succession, pp. 71-3; Schramm, History of the English Coronation,


pp. 166-7; but see also Doleman, Conference About the Next Succession, p. 124, for a denial of this proposition.

37. This did not, however, suggest that officers of the crown would continue automatically after the death of a monarch. As a result there were those in Elizabeth's last hours who were especially concerned about the continuing of the 'King's Peace.' Wilbraham, Journal, p. 54; and see Larkin and Hughes, Stuart Royal Proclamations, vol. I, p. 5.

38. Craig, Right of Succession, p. 65; Hayward, Answer to the First Part of a Certaine Conference, cap. 3; Levine, Early Elizabethan Succession Question, p. 149.

39. Craig, Right of Succession, p. 120. 40. Higden. Defence of the View, p. 2. 41. Wentworth, Discourse, p. 47. 42. Doleman, Conference About the Next Succession, p. 129. 43. Ibid., p. 131. 44. Ibid., pp. 120, 122-3. 45. Ibid., p. 130. 46. Ibid., p. 125; Hooke, 'Of Succession to the Crowne of England,' f01.15. 47. Constable, Discovery of A Counterjecte Conference, p. 3. 48. Doleman, Conference About the Next Succession, p. 35; and part 2, p. 140. 49. Ibid., pp. 129-130. 50. Craig, Right of Succession, p. 81. 51. Doleman, Conference About the Next Succession, preface and p. 1. 52. Hayward. Answer to the First Part of a Certaine Conference, cap. I. 53. Ibid. 54. Hayward, Answer to the First Part of a Certaine Conference, cap. 1; Craig,

Right of Succession, p. 95. 55. Harington, Tract on the Succession, p. 77. 56. Doleman, Conference About the Next Succession, p. 125. See also Levine,

Early Elizabethan Succession Question, p. 104. Levine also comments on Mary Grey, younger sister of Catherine Grey, a dwarfish woman who married Thomas Keyes, reputed· to be the largest man at court. He observes that 'with such a consort she [Mary] could hardly be considered an appropriate prospect for the succession.' Ibid., p. 203.

57. Craig, Right of Succession, p. 83. 58. Wentworth, Pithie Exhortation, Advertisement 'To The Reader,' and p. 7. 59. Craig, Right of Succession, p. 83. 60. Levine, Tudor Dynastic Problems, p. 54; see also Pollard, Henry VIII,

pp. 179-81. 61. Ibid., p. 180. 62. Craig, Right of Succession, p. 26. 63. Knox, 'First Blast of the Trumpet,' Works, vol. IV, pp. 377-8. 64. Neale, Queen Elizabeth I, pp. 356, 403. 65. Bruce, Correspondence, ix, p. 55. 66. Doleman, Conference About the Next Succession, part 2, p. 266. 67. Neale, Queen Elizabeth I, p. 294. 68. Doleman, Conference About the Next Succession, part 2, p. 233. 69. Hooke, 'Of Succession to the Crowne of England,' fols. 9, 18v. 70. Craig, Right of Succession, p. 227.


71. Ibid., pp. 27, 89, 83; Chrimes, English Constitutional Ideas, p. 63; Smith, 'Crown and Commonwealth', pp. 12.38.

72. Doleman, Conference About the Next Succession, pp. 181, 186; Craig, Right of Succession, pp. 220-1; Hayward, Answer to the First Part of a Certaine Conference, cap. 8.

73. Levine, Tudor Dynastic Problems, p. 16; Doleman, Conference About the Next Succession, part 2, p. 47; Craig, Right of Succession, p. 385.

74. Levine, Tudor Dynastic Problems, pp. 98-9. 75. Even as late as 1608 the practical consequences of Elizabeth's possible

illegitimacy were still being discussed. In a letter to Dudley Carleton, John Chamberlain spoke of lingering legal issues of inheritance owing to the late queen's 'pretended bastardy.' Chamberlain, Letters, vol. I, p. 266.

76. Levine, Tudor Dynastic Problems, pp. 35, 138. 77. Camden, History, p. 18. 78. Craig, Right of Succession, p. 298. See, however, Thomas Wilson who, in

considering the strengths and weaknesses of all the possible claimants to the throne, considered illegitimacy as a certain disqualification. Wilson, State of England, pp. 2-4.

79. Mary had her statutory illegitimacy reversed in her first parliament. 1 Mary, st. 2. c 1. Mortimer Levine suggests that Elizabeth did not reverse her own bastardy because of the respect, perhaps even awe, in which she held her father's judgements. 'She was not disposed to alter his acts without compelling cause, even those that touched her own legitimacy.' Levine, Early Elizabethan Succession Question, p. 33.

80. Neale, Queen Elizabeth I, p. 9. 81. Craig, Right of Succession, p. 298; Smith, De Republica Anglorum, p. 49. 82. Craig, Right of Succession, pp. 125, 377-8; Doleman, Conference About the

Next Succession, part 2, p. 166. 83. 35 Henry vm, c.l. 84. Doleman, Conference About the Next Succession, pp. 212, 216; Stafford,

James VI, p. 148. 85. Wentworth, Pithie Exhortation, p. 37; Pollen, 'Question of Queen Eliza

beth's Successor,' p. 519. Axton makes the point that prior to Mary's death, in 1587, Henry VIII's will and alien succession, not religion, were the principal concerns of the polemicists.

86. Wentworth, Discourse, p. 4. 87. Craig, Right of Succession, p. 218. Craig spoke of the possible failure of

'the whole Royal progeny,' by which he meant anyone descended from any English king. James, Craig's candidate for the succession, qualified as progeny under the penumbra of Henry VII.

88. Doleman, Conference About the Next Succession, preface and p. 132; Wilson, State of England, p. 37.

89. Collinson, 'Monarchical Republic of Queen Elizabeth I,' pp.4l8-21. 90. Ibid., p. 422. 91. Read "and Read, Elizabeth of England, p. 107. 92. Craig, Right of Succession, p. 31. Parsons was not nearly so troubled by an

interregnum, as he supposed that the likeliest candidate would begin immediately to exercise rule. Doleman, Conference About the Next Succession, p.133.

Z70 Notes to pp. 43-9

93. Doleman, Conference About the Next Succession, p. 126. 94. Craig, Right of Succession, p. 48. 95. Hooke, 'Of Succession to the Crowne of England', f01.14; Wentworth,

Discourse, pp. 2-3. 96. Hayward, Answer to the First Part of a Certaine Conference, cap. 1; Man-

ningham, Diary, p. 238. 97. Craig, Right of Succession, p. 64. 98. Ibid., p. 48. 99. Ibid., pp. 46-7.

100. Wentworth, Discourse, pp. 54-5; Axton, Queen's Two Bodies, p. 91. 101. Constable, Discovery of A Counteifecte Conference, p. 79. 102. Wentworth, Pithie Exhortation, title page. 103. Camden, History, p. 67. 104. Constable, Discovery of A Counteifecte Conference, p. 39. 105. Hayward, Answer to the First Part of a Certaine Conference, cap. 8. 106. Craig, Right of Succession, p. 80. 107. Ibid.,pp~ 378, 382. 108. See Pollard, Henry VIII, p. 348; and Scarisbrick, Henry VIII, p. 351. 109. Craig, whose distaste for nomination as a mode of succession was no greater

than his dislike of election, argued that nomination was probably the more pernicious of the two. In an elective kingdom the choice would at least be made by all the estates rather than being dependent upon 'the pleasure of one man.' Craig, Right of Succession, p. 132.

110. Ibid., p. 131. 111. Wentworth, Pithie Exhortation, pp. 12-13. 112. Wentworth, Pithie Exhortation, p. 24. 113. Ponet, Shorte Treatise of Politike Power, ch.4. 114. Craig, Right of Succession, pp. 134-5. 115. Ibid., pp. 130-3. Thomas Wilson, who agreed that the prince had no right

to dispose of the crown unilaterally, believed none the less that the succession could ~ settled by the king with the 'general consent of all in parliament.' Wilson, State of England, p. 37.

116. Wilson, p. 5. 117. Hayward, Answer to the First Part of a Certaine Conference, cap. 8. 118. This was not to deny that ultimately God was responsible, only that he

allowed his people some freedom of movement and choice when it came to toppling an evil king by force of arms. Parsons, for example, acknowledged that God might choose merely to strike a tyrant dead, but more likely he would allow his people to act on their own when it became necessary. 'God,' he suggested, 'hath left power uppon earth to do justice in his name when neede requireth.' Doleman, Conference About the Next Succession, part 2, p. 68.

119. Craig, Right of Succession, p. 212. 120. Parsons, although he was clearly in favour of an elective crown, asserted

that God did sometimes choose to work his will through conquest, especially as that seemed the only way to be rid of a malign ruler. Doleman, Conference About the Next Succession, part 2, pp. 62, 72.

121. See, for example, Doleman, Conference About the Next Succession, p. 189, and part 2, p. 12; Hayward, Answer to the First Part of a Certain Conference,


cap. 8. Craig was one ofvery few who was prepared to acknowledge William I as king by right of conquest alone, and this because he would have gone to any length to deny that there was even a trace element of election in the Conqueror's claim.

122. Craig, Right of Succession, p. 149. 123. Ibid., p. 316; Hayward, Answer to the First Part of a Certaine Conference,

cap. 8. 124. Stephen of Blois may not have been a subject, but neither was he an inde

pendent sovereign. Stephen was a nephew and favourite of Henry I, and was, moreover, one of the largest English landholders.

125. Walpole, Historic Doubts, p. 198. 126. Craig, Right of Succession, p. 91. 127. Ibid., p. 181. 128. Ibid., p. 186. Parsons took a wholly contradictory view. Kings, he argued,

must govern for 'the good of the people, ... which end being taken away or perverted, the king becometh a tyrant.' Doleman, Conference About the Next Succession, part 2, p. 61.

129. Read and Read, Elizabeth of England, p. 33. 130. Doleman, Conference About the Next Succession, pp. 193-4. Sir Thomas

Smith had implied much the same conclusion when he denounced anyone 'who by force commeth to the monarchy against the will of the people. ' De Republica Anglorum, p. 16. See also Peter Wentworth, who argued for the critical importance of parliament's examining Henry's claim. Discourse, pp.33-4.

131. Peter Wentworth, 'Five Generall Answeres Unto This Objection,' an appen-dix to the Pithie Exhortation, p. 113.

132. Bruce, Correspondence, p. 62. 133. Craig, Right of Succession, pp. 218-19. 134. Ibid., p. 250. 135. Doleman, Conference About the Next Succession, part 2, p. 97. 136. Wentworth, Pithie Exhortation, publisher's advertisement 'To the Reader.' 137. Craig, Right of Succession, p. 407. 138. Ibid., pp. 251-2, 134, 342. 139. Doleman, Conference About the Next Succession, part 2, pp. 158, 189. 140. Constable, Discovery of A Counter/ecte Conference, pp. 28-9; Craig, Right

of Succession, pp. 91, 338. 141. Doleman, Conference About the Next Succession, p. 34. 142. '[T]he successors of an usurper, by course and compasse of time, may

prescribe a right; if they who have received wrong, discontinue both pursuit and claime.' Hayward, Answer to the First Part of a Certaine Conference, cap. 3.

143. Craig, Right of Succession, p. 338, and author's dedication.

3 Kings by Law, Lineal Succession, and Undoubted Right (pp. 55-71)

1. Wentworth, Pithie Exhortation, Advertisement 'To the Reader.' 2. Wentworth, Discourse, p. 6; Wentworth, Pithie Exhortation, pp. 5,48,51. 3. Craig, Right of Succession, p. 74; Camden, History, p. 563; Hooke, 'Of

Succession to the Crowne of England,' fol. 17v.


4. Wilson, State of England, p. 2; Wentworth, Pithie Exhortation, Advertisement 'To the Reader'; Hooke, 'Of Succession to the Crowne of England,' fol. 13v; Harington, Tract on the Succession, passim.

5. Harington, Tract on the Succession, p. 72; Camden, History, p. 563; Bailey, Succession to the English Crown, p. 198.

6. 'A Proclamation declaring the undoubted Right of our Soveraigne Lord King James, to the Crowne of the Realms of England, Fraunce and Ireland,' 24 March 1603. Larkin and Hughes, Stuart Royal Proclamations, vol. I, p.2.

7. Craig, Right of Succession, p. 92; Harington, Tract on the Succession, p. 18. 8. Craig, Right of Succession, p. 347; Read and Read, Elizabeth of England,

p. 45; Harington, Tract on the Succession, pp. 13-16. 9. Harington, Tract on the Succession, p. 16; Craig, Right of Succession,

pp. 250-1, 290-1. 10. 25 Edward III, st.t. II. There were two exceptions to this proscription, namely that children of

kings of England were excepted as were any children born abroad to parents in the allegiance of the English king; but it would be difficult to fit James in either category. Unlike Henry n who was the son of an English queen, and Richard n who was the son of English parents, James I would be the first king of England to be born outside the country to parents who were neither English monarchs nor in the allegiance of the English crown. Levine, Early Elizabethan Succession Question, pp. 99-107; Axton, Queen's Two Bodies, pp. 24-5. James would also fit the category of descent from an English king if 'children' were taken more broadly to mean 'issue.' Wilson, State of England, p. 7; Harington, Tract on the Succession, p. 58; Levine, Early Elizabethan Succesion Question, p. 116.

12. Craig, Right of Succession, p. 259; Harington, Tract on the Succession, p. 61; Wilson, State of England, p. 8; Levine, Early Elizabethan Succession Question, p. 122. The Venetian ambassador's report of James's accession observed that despite the law against alien inheritance, James 'having been born in the same island, they concluded not to reckon him an alien.' Nicolo Molin, 'Report on England presented to the Government of Venice in the year 1607.' CSP Venetian (1603-1607) p. 510.

13. Bruce, Correspondence, ix. 14. Craig, Right of Succession, pp. 252-8; Doleman, Conference About the Next

Succession, part 2, pp. 4-5, 113; Harington, Tract on the Succession, pp. 56-7.

15. Craig, Right of Succession, pp. 290-1; Harington, Tract on the Succession, p. 60; Wilson, State of England, pp. 7-8. There was also the possibility of a counter argument, that Henry vm believed the matter to be precisely the other way round and, for that reason, knowing that the Stuarts could not inherit, he chose to exclude them from his will.

16. Stafford, James VI, pp. 39, 190. In 1588 James refused to support Philip of Spain only after Elizabeth promised him an English duchy. Once the threat of the Armada had passed, however, Elizabeth reneged. Axton, Queen's Two Bodies, pp. 76-7, 79.

17. Wentworth asserted that in the matter of the succession the statute had never been tested. James, he said, was the first 'stranger ... that could make any claim to the crown.' Discourse, pp. 9-10.


18. 'The Catholics consider him illegitimate because there was no dispensation given for the marriage of his father and mother, who were closely related.' CSP Spanish (1587-1603) pp. 727, 731.

19. Doleman, Conference About the Next Succession, pp. 110-11. The presumption was that a bastard could not take by right of descent. This meant that the senior branch of the ~uffolk line, the children of Catherine Grey, were probably barred from the throne because of the dubious legality of their mother's marriage to the Earl of Hertford. Wilson, State of England, pp. 2-3; Levine, Early Elizabethan Succession Question, p. 146; Willson, James VI and I, p. 138; Bailey, Succession to the English Crown, p. 205. In consequence of that barrier their right would pass to the junior Suffolks, which explains why Parsons believed that Margaret, Countess of Derby, and her issue may have had the best English claim to the throne. Doleman, Conference About the Next Succession, part 2, p. 265.

20. Levine, Early Elizabethan Succession Question, p. 11. 21. Wentworth, Discourse, pp. 7, 12-16; Doleman, Conference About the Next

Succession, part 2, pp. 109-10. 22. Willson, James VI and I, p. 139. 23. Bruce, Correspondence, xxi. 24. Willson, James. VI and I, pp. 95, 146; Pollen, 'Accession of King James I,'

p.576. 25. Camden, History, p. 562. 26. Hicks, 'Sir Robert Cecil, Father Persons, and the Succession,' pp. 126-7; CSP

Domestic (1603-1610) p. 8. 27. Harington, Tract on the Succession, pp. 51, 71, 82, 86; Wentworth, Dis

course, p. 84. 28. P. Holmes, 'Authorship and Early Reception of A Conference,' p. 423;

Harington, Tract on the Succession, p. 84. 29. Harington, Tract on the Succession, pp. 89, 83, 84. 30. Doleman, Conference About the Next Succession, p. 248; Harington, Tract

on the Succession, pp. 86-7. 31. James I, Political Works, p. 12. 32. Harington, Tract on the Succession, pp. 90, 86, 85. 33. Letter from John Chamberlain to Sir Dudley Carleton, 28 March 1621.

Chamberlain, Letters, vol. n, p. 358. 34. Bruce, Correspondence, pp. 3, 16. 35. Larkin and Hughes, Stuart Royal Proclamations, vol. I, vi, pp. 2-3; CSP

Domestic (1603-1610) p. I; Read and Read, Elizabeth of Eng/and, pp. 103-4.

36. 1 Hen. vn, c.l. SR, vol. n, p. 499. 37. 1 Jac.I, c.1 (,A mostejoyfull andjuste Recognition of the immediate lawfull

and undoubted Succession Descent and Righte of the Crowne '). SR, vol. IV, p. 1018.

38. John Somers, writing towards the end of the seventeenth century, thought that it had. Somers' detennination to prove that the crown was in the disposal of parliament moved him to believe that 'the Act of Recognition made upon King James his coming to the Crown, doth particularly insist upon that title, which was raised by Act of Parliament to Henry the Seventh, and the heirs of his body.' Somers, Brief History of the Succession, p. 14. Robert Brady, answering Somers, appreciated explicitly that the Jacobean Act of


Recogniton had made no mention whatever of the Henrician entail. Brady, True and Exact History, p. 394. See also Brady, Great Point of Succession, p.24.

39. Dartmouth, in his comments on Burnet's treatment of the Act of Settlement (1701), contended that 'the legislature had a right to limit the crown [which] was never doubted, until king James the first's time, who was against law, because law was against him.' Burnet, History, vol. IV, p. 497. See also 'A Resolution of Two Important Questions: I. Whether the Crown of England be Hereditary. n. Whether the Duke of York ought to be excluded,' Delamer, Works, p. 546.

40. Wilkinson, Coronation in History, p. 20. 41. Ibid., p. 21. 42. Doleman, Conference About the Next Succession, p. 136; Axton, Queen's

Two Bodies, p. 94. 43. Hayward, Answer to the First Part of a Certaine Conference, cap. 6. See

also Coke on Calvin's Case (7 Reports, lOb): 'Coronation is but a royal ornament and solemnization of the royal descent, but no part of the title,' quoted by Figgis, Divine Right of Kings, p. 10, nJ.

44. Wentworth, Discourse, p. 54. See also Craig, Right of Succession, p. 21. 45. Stafford, James VI, p. 273; Willson, James VI and I, p. 222. 46. CSP Domestic (1603-1610) pp. 22, 31; Foulis, History of Romish Treasons,

p. 679; Weldon, Court and Character of King James, p. 32. 47. The issue to be decided in Calvin's Case was whether a child born in

Scotland after James's accession to the English throne was to be regarded as an alien and therefore incapable of inheriting English land. Deciding in favour of the inheritance the court ruled that Scots born after Elizabeth's death (the post-nati) were to be treated as natural-born subjects in England.

48. Calvin's Case, Trio. 6 Jac. Coke, 7 Reports 17-18,24. See also Coke, 4 Reports preface; Kennet, Dialogue Between Two Friends, p. 15; Impudent Babbler Baffled, pp. 17-18.

49. CSP Venetian (1603-1607) p. 15. Interest in the possibility of Arabella's marrying and its implications for the succession were periodically troublesome although Arabella was reported to have promised the king at his accession that she would marry no one without his approval. It had even been rumoured some two months after James's accession that in the event of the queen's (Anne of Denmark's) death the king was prepared to marry Arabella himself. Ibid., pp. 3,42. In 1609 Arabella was summoned to appear before the Privy Council, probably because of a story that she was considering marriage to a foreign royal 'who might in her name lay claim to the crown of England.' Chamberlain, Letters, p. 292n. Eventually, in 1610, she took the misguided step of secretly marrying William Seymour, which led to her imprisonment and dying in the Tower in 1615.

50. Henry, born 19 February 1594; Elizabeth, born 19 August 1596; Charles, born 19 November 1600. Two other children born before James's accession, died in infancy.

51. James had shown earlier although probably not very serious signs of being prepared to alter the succession. In 1607 he was reported to have threatened Prince Henry 'that if he did not attend more earnestly to his lessons the crown would be left to his brother.' CSP Venetian (1603-1607) p. 513.


52. PH, vol. m, p. 1151. 53. Ibid. 54. The wording of James's request is complicated further by his expressed

concern for the Elector's issue rather than the issue of Elizabeth or even of Elizabeth and her husband. In other words, it appears from his choice of language, although it is hard to credit, that James would have welcomed a place in the succession for issue of the Elector from a subsequent marriage. Archbishop Abbott, on the other hand, thought that the idea was simply to 'declare the Lady Elizabeth and her offspring next in succession after the Prince.' CSP Domestic (1611-1614) p. 232. This is the most conservative interpretation of James's intentions, but it still suggests uncertainty about whether Elizabeth's place in the succession was thought to be secure without confinning legislation.

55. CSP Domestic (1623-1625) p. 512; CSP Domestic (1625-1626) p. 1. 56. Larkin, Stuart Royal Proclamations, vol. n, pp. 1-2. 57. Ibid., p. 3. 58. Downing, Discourse Of The State Ecclesiasticall, p. 51. 59. Underdown, Pride's Purge, pp. 60-61. 60. Bennet, King Charle's Trial lustified, p. 4. 61. Maxwell, Sacro-Sancta Regum Majestas, pp. 6, 36, 53. Maxwell compared

the freehold from God to a crown in the gift of the people, which he regarded as a 'copy-hold ... no better than durante bene placito plebis or communitatis, during the good will of the community,' p. 4.

62. Ibid., p. 173. 63. Directed to the issues of the mid-I640s that concern was only marginally

relevant, but it provided an especially compelling reason for Maxwell's tract to be reissued in 1680 as a contribution to the debate over Exclusion. A second edition of the 1680 edition was published in 1686.

64. Inquisition After Blood, pp. 11-12. 65. Whitelocke, Memorials, vol. n, p. 480. 66. Gardiner, Civil War, vol. IV, pp. 56~7, 85, 99-100; Underdown, Pride's

Purge, p. 89; Russell, Crisis of Parliaments, p. 381. 67. Whitelocke, Memorials, vol. n, p. 481; Wedgwood, Trial of Charles I,

p.79. 68. 'Another Relation from the La4y Elizabeth,' Charles I, Eikon Basilike,

Appendix, p. 194. 69. Ludlow, Memoirs, vol. I, p. 217; Wedgwood, Trial of Charles I, p. 159. 70. 'A True Relation of the King's Speech to the Lady Elizabeth and the Duke

of Gloucester, the Day Before His Death,' Charles I, Eikon Basilike, Appendix, pp. 192-3.

71. Lockyer, Trial of Charles I, p. 86. For a similar distinction between hereditary and successive monarchy in the reign of Anne, see Queries to the New Hereditary Right-Men, p. 7.

72. Wedgwood, Trial of Charles I, p. 201. 73. Gardiner, Constitutional Documents, p. 291. Parliament was right to be

concerned. There were reports of popular support for the Prince and renegade attempts to proclaim Charles as successor to his father by hereditary right. See, for example, the letter of Thomas Saunders to Sir Hardress Waller, 3 February 1649. Cary, Memorials of the Great Civil War, vol. n, p. 110.


74. Wedgwood, Trial of Charles I, p. 148, citing Francis White, The Copies of Several Letters . .. to Fairfax and Cromwell.

75. PH, vol. III, p. 1218. 76. PH, vol. III, p. 1125; Whitelocke, Memorials, vol. II, p. 457. 77. Cobbett, State Trials, vol. IV, p. 1070; Muddiman, Trial of King Charles the

First, p. 78; Lockyer, Trial of Charles I, pp. 82-3. 78. Firth and Rait, Acts and Ordinances, vol. I, p. 1263; PH, vol. III, p. 1281. 79. Cook, King Charls his Case, p. 8. Prynne had taken the opposite tack, sug

gesting that elective monarchy led to tyranny: 'few elective kingdoms are long free; every new election producing commonly a new war.' PH, vol. III, p. 1216.

80. Doleman, Conference About the Next Succession, pp. 120, 122-3. 81. PH, vol. III, p. 1293.

4 A Settlement with Something of Monarchy in It (pp. 72-94)

1. Kevin Sharpe, who has argued at length against the image of Charles I as an absolutist, concluded that the king 'was committed to the traditional symbiosis of prerogative and law rather than any new theory of state.' Sharpe, Personal Rule of Charles I, p. 930.

2. Twysden, Certaine Considerations, p. 10. 3. CSP Domestic (1649-1650) pp. 4, 6-7. 4. Firth and Rait, Acts and Ordinances, vol. II, p. 3; CSP Domestic (1649-1650)

p. 6. In 1650 and 1651, in the Acts reappointing the Council of State, the charge was repeated. Firth and Rait, Acts and Ordinances, pp. 336, 501.

5. Parker, True Portraiture, pp. 11, 14. 6. Ibid., pp. 8, 15. 7. Whitelocke, Memorials, vol. III, pp. 372-4; Gardiner, Commonwealth and

Protectorate, vol. 2, pp. 75-6. 8. Coupling Whitelocke with John Maynard, another eminent lawyer for whom

he had great regard, Clarendon wrote that 'they never led, but followed, and were rather carried away with the Torrent, than swam with the Stream; and failed through those Infirmities, which less than a general Defection, and a prosperous Rebellion could never have discovered.' Clarendon, Life, vol. I, pp.59-60.

9. Whitelocke, Memorials, vol. III, pp. 373-4. 10. Ibid., vol. III, p. 470. 11. Gardiner, Commonwealth and Protectorate, Vol. 2, p. 229; Nicholas,

Papers, vol. I, p. 310. 12. Whitelocke, Memorials, vol. III, pp. 472-4. 13. Especially useful for a broader understanding of the mid-century debate on

allegiance to a de facto government are Wallace, 'Engagement Controversy,' and Judson, From Tradition to Political Reality.

14. Hall, Grounds and Reasons of Monarchy, pp. 13-14. 15. Ascham, Confusions and Revolutions, p. 157. 16. Parker, True Portraiture, p. 42. 17. Rous, Lawfulnes of Obeying the Present Government, pp. 11,7. 18. Dury, Case of Conscience, p. 121. 19. Skinner, 'Conquest and Consent,' p. 91.

20.

21. 22. 23.

24.

25. 26. 27. 28. 29. 30.

31. 32. 33.

34. 35.

36. 37. 38. 39. 40. 41. 42. 43.

44. 45. 46.

47. 48.

49.

50.

51. 52.


Ascham, Bounds & Bonds, pp. 5, 18; Ascham, Confusions and Revolutions, p. 146. Nedham, Case of the Commonwealth, p. 30. Rous, Lawfulnes of Obeying the Present Government, p. 9. See, for example, Ascham, Bounds & Bonds, pp. 3, 25; Dury, Case of Conscience, pp. 30, 163. See, for example, Rous whose enunciated purpose was to prove 'that though the change of a government were beleeved not to be lawfuIl, yet it may lawfully be obeyed.' Rous, Lawfulnes of Obeying the Present Government, p. 1. Ibid., pp. 2, 5-6. Ibid., p. 21. Nedham, Case of the Commonwealth, p. 47. Ascham, Confusions and Revolutions, pp. 104, 32. Judson, From Tradition to Political Reality, p. 68. Ascham, Confusions and Revolutions, pp. 104, 115, 148, 159; Ascham, Bounds & Bonds, p. 30; Rous, Lawfulnes of Obeying the Present Government, p. 10. Ascham, Bounds & Bonds, p. 33. Rous, Lawfulnes of Obeying the Present Government, pp. 10-11. Ascham, Bounds & Bonds, p. 31. See too the discussion in Judson, From Tradition to Political Reality, chapter V. Cobbett, State Trials, vol. IV, p. 1139; Lockyer, Trial of Charles I, p. 135. Ascham, Bounds & Bonds, p. 26; Ascham, Confusions and Revolutions, p. 92; Nedham, Case of the Commonwealth, p. 30. Ascham, Bounds & Bonds, p. 30. Armies Vindication, pp. I, 5. Twysden. Certaine Considerations. pp. 42. 61. 66. Nedham. Case of the Commonwealth, pp. 15, 27-8. Dury, Case of Conscience, p. 162. Ascham, Bounds & Bonds. p. 6. B, Discolliminium, p. 13. Parker. True Portraiture. pp. 15.39; Ascham, Confusions and Revolutions. p.33. Downing, Discourse Of The State Ecclesiasticall. p. 51. 'Serjeant Thorpe, Judge of Assize for the Northern Circuit. his Charge'. Hall. Grounds and Reasons of Monarchy, p. 13; Twysden, Certaine Considerations, p. 22; Nedham. Case of the Commonwealth. p. 38. Parker. True Portraiture, pp. 14-15. Rous. Lawfulnes of Obeying the Present Government, p. 14; Nedham. Case of the Commonwealth, p. 46. Inquisition After Blood, p. 11. Parker, arguing against the weight of historical evidence. insisted that the crime of lese majesty could not be purged and that 'the treason of the father hath cut off the son.' Parker, True Portraiture, p. 39. Parker, True Portraiture, preface; Nedham. Case of the Commonwealth. pp. 119-20. Parker, True Portraiture, pp. 8, 7, 5. Ibid .• p. 8; Twysden, Certaine Considerations. p. 4.


53. Ascham, Bounds & Bonds, p. 13; Parker, True Portraiture, p. 3. 54. Twysden, Certaine Considerations, p. 8; Dury, Case of Conscience, p. 84. 55. Whitelocke, Memorials, vol. m, p. 471. 56. According to Gardiner, 'It was taken for granted,' by May of 1653, 'that

Cromwell intended to rule, and the only question appeared to be whether he was to be styled King or Protector.' Gardiner, Commonwealth and Protectorate, vol. II, pp. 278-9.

57. Whitelocke, Memorials, vol. IV, p. 153; Burton, Diary, vol. I, li. 58. Thurloe, State Papers, vol. II, pp. 681, 684-5. 59. Gardiner, Commonwealth and Protectorate, vol. m, pp. 200-1. 60. R. G., Copy of a Letter from an Officer of the Army in Ireland, pp. 3, 13. 61. Gardiner, Commonwealth and Protectorate, vol. m, p. 186. 62. Article 32 of the Instrument of Government provided that 'upon the death

of the Lord Protector, another fit person shall be forthwith elected ... by the Council.' The constitutional arrangements advanced by the first parliament of the Protectorate were for the election to be by the parliament if it was in being at the time of a vacancy; otherwise it was to be by the Council.

63. Burton, Diary, vol. I, lvii. 64. Copy of a Letter Written to an Officer of the Army, pp. 8-9, 16-19. 65. Clarke Papers, vol. m, p. 16. 66. Ibid., p. 43; CSP Venetian (1655-1656) pp. 4, 7, 15, 17, 60. 67. Cromwell, Letters and Speeches, vol. II, p. 451. 68. Firth, Last Years of the Protectorate, vol. I, pp. 62-3. 69. 'We have great hope that His Highness will accept of kingship, which all

men desire generally, and by that means we hope to come to a settlement. Our lawyers do press hard for it.' James Wainwright to Richard Bradshaw, 4 May 1655. 6 HMCR, App., p. 438.

70. CSP Venetian (1655-1656) p. 57. 71. Bonde to Charles X, 27 July 1655, Stockholm Transcripts, as quoted in

Gardiner, Commonwealth and Protectorate, vol. m, p. 332. 72. CSP Domestic (1655) p. 277; Clarke Papers, vol. m, pp. 48-9; Gardiner,

Commonwealth and Protectorate, vol. m, pp. 304-5; Firth, Last Years of the Protectorate, vol. I, p. 62.

73. CSP Venetian (1655-1656) p. 240. 74. Copy of a Letter Written to an Officer of the Army, pp. 26-7. 75. 6 HMCR, App., p. 441. 76. CSP Venetian (1655-1656) p. 269. 77. Three Propositions, p. 6. 78. CSP Venetian (1655-1656) pp. 244, 277, 282, 286-7, 295, 305-6. 79. Ibid., pp. 284, 312. 80. Chidley, To the Parliament of the Commonwealth of England, p. 4. 81. Copy of a Letter Written to an Officer of the Army, p. 15. 82. Firth, Last Years of the Protectorate, vol. I, p. 127. 83. Colonel John Bridge's argument that an elective protectorship was likely

once again to lead the nation into civil war, and for that reason it was 'better to settle uppon the olde bottome.' Lansdowne MS 821, f.91, quoted by Firth, 'Cromwell and the Crown,' p. 440; Firth, Last Years of the Protectorate, vol. I, p. 66.

84. Copy of a Letter Written to an Officer of the Army, p. 19.


85. Burton, Diary, vol. I, pp. 362-3. 86. Ibid., p. 364. 87. Burton, Diary, vol. I, p. 399. See, too, the remarks of William Lenthal,

Master of the Rolls ('the whole body of the law is carried upon this wheel'). Whitelocke, Monarchy Asserted, in Somers Tracts, vol. VI, p. 356; and Mercurius Politicus, March 26 to April 2, referring to 'king' as 'a title best known to our laws, most agreeable to their constitution, and to the temper of the people,' p. 99; also Clarke Papers, vol. m, p. 91 (an undated newsletter probably written on 23 or 24 February by John Rushworth); and Thurloe, State Papers, vol. VI, p. 183.

88. Whitelocke, Monarchy Asserted, p. 355. 89. Ibid., p. 401. 90. Thurloe, State Papers, vol. VI, p. 219. 91. Whitelocke, Monarchy Asserted, p. 366. 92. Thurloe, State Papers, vol. VI, p. 281. On 20 April Whitelocke recorded in

his diary that Cromwell was 'satisfied in his private judgement' to take the crown, but decided not to, 'fearing a mutiny and defection of a great part of the Army in case he should assume that title and office.' Whitelocke, Diary, p. 462.

93. Thurloe, State Papers, vol. VI, pp. 243, 261. 94. Ferguson, Brief Justification, p. 142. Also see Firth, Last Years of the

Protectorate, who regarded the settlement of 1657 as 'but a half-way house to monarchy, and the nation could not tarry there,' p. 200.

95. Burton, Diary, vol. I, p. 398. 96. Whitelocke, Monarchy Asserted, p. 359. 97. Thurloe, State Papers, vol. VI, p. 219. 98. Clarke Papers, vol. m, p. 94. 99. Firth and Rait, Acts and Ordinances, Vol. n, pp. 1048-9.

100. Catterall, 'Failure of the Humble Petition and Advice,' p. 41. 101. A similar scheme to keep the succession of the crown ultimately in the

disposal of parliament was put into the Declaration and Bill of Rights in 1689. See chapter 7.

102. Thurloe, State Papers, vol. vn, p. 365. 103. Ibid., p. 375. 104. Ibid., p. 372. 105. The range of questions and possibilities has been explored by B. Malcolm

Hause, 'Nomination of Richard Cromwell,' pp. 185-209, who believes that Cromwell nominated Fleetwood to succeed him, and Austin Woolrych, 'Milton & Cromwell,' pp. 202-8, who accepts the official story that Cromwell, before he died, had named Richard. A London newsletter, dated September 4, 1658, referred to the Council's having met after Cromwell's death to open 'the writing the Lord Protector had sealed uppe,' but reported the directions in that writing to have been for the nomination of Richard, not Fleetwood. Clarke Papers, vol. m, p. 162. Ronald Hutton, reviewing the debate, concludes that whether Oliver did in fact designate Richard as his successor is essentially 'unprovable.' Yet as Hutton goes on to point out, 'What is certain, and what mattered, was that this was recognised by the majority of the Privy Council and communicated by them to Fleetwood.' Hutton, Restoration, p. 21.


106. [Declaration of Richard to be Protector) (London, 1658), p. 1. 107. Hirst, Authority and Conflict, p. 356. 108. Thurloe, State Papers, vol. vn, p. 374. Fleetwood, on the same day, re

ported similarly that the response to Richard's succession was a 'great quietnes.' Ibid., p. 375.

109. Ibid., p. 376. 110. Hall, True Cavalier, p. 102; Hunton, King of Kings, pp. 3,4, 13,36-8,77,

84. 111. Thurloe, State Papers, vol. VI, p. 183. 112. Ibid. See, too, Lord Chief Justice Glynne's remarks in favour of Oliver's

accepting the crown: 'First, Because it is known to the law, his duty known in reference to the people, and the people's duty known in reference to him.' Whitelocke, Monarchy' Asserted, p. 371.

113. Burton, Diary, vol. ill, pp. 104-5. 114. Fell, Interest of England Stated, pp. 8-10. 115. Hall, True Cavalier, p. 104. 116. Three Propositions, p. 3. 117. Discourse For a King and Parliament, p. 13. 118. Ronald Hutton offers a balanced assessment of Richard Cromwell's protec

torate in part two, chapter one, of The Restoration, pp. 21-41. 119. Journals of the House of Lords (U). vol. XI, p. 7. 120. Lawson, Politica Sacra & Civilis, pp. 191. Also see True Account, p. 22.

For a comprehensive treatment of Lawson's argument, see Condren, George Lawson's Politica.

121. Lawson prefigured the reality of the settlement of 1689 by allowing that even if the crown 'be granted to be elective. yet it's elective in a certain line.' Lawson, Politica Sacra & Civilis, p. 150.

5 The Need for a Certainty in the Succession (pp. 95-119)

1. 1 Jac.I. c.l. SR, vol. IV, pt n, p. 1018. 2. Somers Tracts, vol. 7, p. 430. 3. 12 Car.ll. c.l4. SR, vol. V, p. 237. 4. Clarendon, Life, vol. n, p. 392. 5. Pepys, Diary, vol. ill, pp. 238, 303. See, too, vol. IV, p. 134. 6. Lawrence, Marriage, p. 81. 7. Pepys, Diary, vol. ill, p. 238. 8. Ibid., vol. IV, p. 134. 9. CSP Domestic (1679-1680) p. 95.

10. Ibid., pp. 452, 454-5, 460, 502. 11. PH, vol. IV, p. 1034; Henning, History of Parliament, vol. ill, p. 372. 12. Assheton, Royal Apology, p. 20. 13. PH, vol. IV, p. 1329. 14. CSP Domestic (1679-1680) p. 519. 15. Burnet, History, vol. II, p. 205. 16. Pelling, Apostate Protestant, p. 5. 17. Both the proposal to bring Charles I to trial and the idea to make Cromwell

king were supported by republications of selected parts of A Conference under different titles. See Sevel'all Speeches Delivered at a Conference

Notes to pp. 99-103 281

Concerning the Power of Parliament to Proceed Against their King for Misgovernment (1648) and A Treatise Concerning the Broken Succession of the Crown of England (1655), respectively. The 1681 publication was an exact reprint of the 1594 edition.

18. Doleman, Conference About the Next Succession, pp. 62-3. 19. Assheton, Royal Apology, 'To the Reader,' n.p. 20. Thomas Hunt, Mr Hunt's Postscript, p. 172. 21. CSP Domestic (1679-1680) p. 102. It was understood that the papist design

was to have Charles deposed for his failure to support the apostolic Catholic faith. Reminders of this alleged right of deposing kings for their 'impietie' dated back to the alarm provoked by Parsons' work. See Hayward, Answer to the First Part of a Certaine Conference. Those who were supporters of James's heritable right were no less able to trade on the same fear. See Brady, True and Exact History, p. 350.

22. PH, vol. IV, p. 1131. 23. Anti-Exclusionists, sensitive to this charge, pointed out that England's

imperial monarchy did not admit of any superior authority. The oath of supremacy made clear 'that the King of England is no feudatory prince. and that he holds not his crown in fee. either from the Pope. or any Foraign Power whatsoever.' Assheton. Royal Apology. p. 9.

24. PH. vol. IV. pp. 1089. 1160. 1198. 1305. 25. Ibid., p. 1129. 26. PH. vol. IV. p. 1179 (Colonel Titus). See. also. p. 1177 (Sir Henry Capel)

and p. 1182 (Colonel Birch). 27. Pereat Papa. p. 4. 28. Burnet. History. vol. n. p. 209. 29. PH. vol. IV. pp. 1131. 1132. 1136. 30. PH. vol. IV. p. 1126 (Sir John Knight and Colonel Birch). 31. Preamble to the first Exclusion Bill. PH. vol. IV. p. 1136; Commons

Address. 30 December 1680. Ibid .• p. 1256. 32. Ibid .• p. 1125 (Mr Bennet) and p. 1132 (Sir George Hungerford). 33. Ibid .• p. 1180 (Mr H-). 34. Timberland. History and Proceedings of the House of Lords. vol. I. p. 251. 35. PH. vol. IV. pp. 1132. 1196. 1250, 1332. 36. Ibid., p. 1196. 37. Both the exclusion of all Catholics from the succession and the proscription

against monarchs marrying Catholics were features of the Revolution Settlement in 1689. See chapter 7.

38. His Majesties Gracious Speech. p. 14. See. too. Williams. Answer to Sundry Matters. passim.

39. PH. vol. IV. p. 1187. See. too. Pereat Papa. p. 1; Lawrence. Right of Primogeniture, p. 139.

40. PH. vol. IV. p. 1252. See. too. Hampden's earlier remarks and those of Sir Thomas Player. Ibid .• pp. 1191 and 1126.

41. Sir William Jones. summarising the principal objections to the Bill of Exclusion on its third reading. 11 November 1680. PH. vol. IV. p. 1208.

42. Ibid .• p. 1188. 43. E.F .• Letter From a Gentleman of Quality. p. 18. 44. Pelling. Apostate Protestant. p. 28.


45. PH, vol. IV, p. 1187. 46. Pelling, Apostate Protestant, p. 57. See, too, Assheton, Royal Apology. 47. For the opponents of Exclusion election was theoretically permissible, but

only in the unforeseen circumstance of the next in blood not being known. Mackenzie, Jus Regium, p. 6. See, too, Comber, Religion and Loyalty, p. 28.

48. Those who read history in the way Booth did were able to find election at work in just about every transfer of the crown. Even where there appeared to be a succession by conquest or a clear right of descent it was possible to find some element of election, whether in the coronation ceremony when the new monarch was acknowledged by his subjects or in the tracing of an inheritance back to its origins. In this latter way both Henry V and Henry VI were seen as having succeeded by virtue of parliament's having entailed the crown on Henry IV; Edward IV and Edward V were understood as having owed their crowns to the agreement worked out by Richard, Duke of York, Henry VI and the lords of parliament in 1460; and all three children of Henry VIII were alleged to have succeeded their father exclusively because of Henry's three Acts of Succession. Hunt, Short Historical Collection, p. 206; • A Resolution of Two Important Questions: I. Whether the Crown of England be Hereditary. II. Whether the Duke of York ought to be excluded,' in Delamer, Works, p. 545.

49. Delamer, Works, pp. 542-5. 50. PH, vol. IV, p. 1195; Delamer, Works, p. 98. 51. PH, vol. IV, pp. 1191-2 (John Hampden) and p. 1215 (John Trenchard). 52. Ibid., pp. 1191 and 1206 (Sir Leoline Jenkins). See, too, note 15 for the

rephrasing of this same objection by Burnet. 53. PH, vol. IV, p. 1133 (Mr Hampden) and p. 1318 (Mr Montagu). 54. Somers, Brief History of the Succession, p. 5. 55. Mackenzie, Jus Regium, n.p. 56. Dictionary of National Biography, vol. XXXV, p. 587. 57. Assheton, Royal Apology, p. 20; Mackenzie, Jus Regium, n.p. 58. Delamer, Works, p. 547. 59. Brady, Great Point of Succession, pp. 2, 6, 8,9, 18; Brady, True and Exact

History, pp. 366, 373, 377, 389-90. 60. See, for example, Somers, Brief History of the Succession, p. 6; Hunt, Answer

to a Book, pp. 196-7. 61. Brady, Great Point of Succession, pp. 35, 13. See, too, Brady, True and Exact

History, p. 378; Cooke, History of the Successions; Baker, Chronicle of the Kings of England, p. 330.

62. Mackenzie, Jus Regium, Addendum; Mackenzie, Lawful Successor, p. 5. 63. Brady, Great Point of Succession, p. 36. See, too, Hickes, Jovian, Preface. 64. E. F., Letter From a Gentleman of Quality, p. 9; and a rebuttal, Hunt, Answer

to a Book, p. 196. 65. Mackenzie, Lawful Successor, p. 27. 66. W. G., Case of Succession, p. 15. 67. Somers, Brief History of the Succession, pp. 17-18. Somers chaired the

committee that was responsible for the final draft of the Declaration of Rights, but it is no longer universally accepted that he was its author. Schwoerer, Declaration of Rights, pp. 287-90. Under William III Somers was a member of the Whig Junto and later Lord Chancellor.

Notes to pp. 108-12 283

68. Brady, True and Exact History, p. 357; Pelling, Apostate Protestant, p.8.

69. Brydall, White Rose, p. 6; E. F., Letter From a Gentleman of Quality, p. 10; Brady, Great Point of Succession, p. 36; Mackenzie, Lawful Successor, p.28.

70. E. F., Letter From a Gentleman of Quality, p. 15; Mackenzie, Lawful Successor, p. 44.

71. PH, vol. IV, p. 1195; Delamer, Works, p. 98. 72. See, for example, C. Blount, Appealfrom the Country to the City, p. 18. See

also the same title under the pseudonym, Junius Brutus. 73. Hunt, Great and Weighty Considerations, p. 172. 74. For an extended discussion of the ways in which the private law was applied

to matters of the succession during the Exclusion debates, see Nenner, By Colour of Law, pp. 145-54.

75. Pelling, Apostate Protestant, pp. 40-1. 76. Williams, Answer to Sundry Matters, p. 11. 77. Ibid., p. 29. See, too, Mackenzie, Jus Regium, n.p. 78. Brydall, White Rose, p. 9. 79. For a discussion of the Brady controversy see Pocock, Ancient Constitution,

ch. 8 and his retrospective ch. 3. Also see Weston and Greenberg, Subjects & Sovereigns, ch. 7.

80. Brady, Great Point of Succession, pp. 1-2,9, 17,28,33,36,38; Comber, Religion and Loyalty, pp. 33-4; Brydall, White Rose, p. 2; Burnet, History, vol. II, p. 209.

81. Comber, Religion and Layalty, p. 10. 82. E. F., Letter From a Gentleman of Quality, p. 2. 83. PH, voL IV, p. 1330. 84. Ibid.; E. F., Leiter From a Gentleman of Quality, p. 6. 85. See, for example, Baker, Chronicle of the Kings of England, p. 587; Cooke,

History of the Successions, p. 59. 86. Assheton, Royal Apology, p. 41; Brady, Great Point of Succession, p. 16;

Mackenzie, LaWful Successor, p. 20. 87. Assheton, Royal Apology, pp. 39-40; Baker, Chronicle of the Kings of

England, p. 587. 88. Brydall, White Rose, p. 6; Assheton, Royal Apology, p. 40; E. F., Letter From

a Gentleman of Quality, p. 11. 89. Delamer, Works, p. 556. 90. B. F., Leiter From a Gentleman of Quality, pp. 2, 17. 91. Brady, Great Point of Succession, p. 35. 92. Assheton, Royal Apology, pp. 19-20; Mackenzie, Lawful Successor, p. 36. 93. Mackenzie, Lawful Successor, p. 37; Brady, Great Point of Succession,

p. 21; Brydall, White Rose, p. 8; Hickes, Jovian, preface; John Somers, on the other hand, distinguishing between the empowering Act of Parliament and Henry's will, argued that only the validity of the latter was properly called into question. Somers, Brief History of the Succession, pp. 12-13.

94. PH, vol. IV, p. 1214. 95. Finch's argument did not succeed in arresting the passage of the Exclusion

Bill, but the reasoning he used was later to appear in the 1681 Act of Succession of the Scottish parliament. The purpose of that Act was categorically

284 Notes to pp. 112-16

and unequivocally to reject any constitutional right of Exclusion, and to 'recognize, acknowledge and declare that the right to the imperial crown of the realm is by the inherent right and nature of the monarchy, as well as by the fundamental and unalterable laws of this realm, transmitted and devolved by a lineal succession according to the proximity of blood.' Browning, English Historical Documents, p. 631.

96. Brady, Great Point of Succession, p. 21. 97. PH, vol. IV, p. 1190-1 (Sir Leoline Jenkins); Mackenzie, Lawful Successor,

pp. 1, 13, 18; Hickes, Jovian, preface; Comber, Religion and Loyalty, p. 13; E. F., Letter From a Gentleman of Quality, p. 6.

98. PH, vol. IV, p. 1207. 99. PH, vol. IV, p. 1328. Winnington's remark about statutes being void if

they ran counter to common sense was in the context of his objection to a regency as an alternative to Exclusion.

100. Williams, Answer to Sundry Matters, p. 26. 101. House of Lords Record Office, Finch MSS., Political Papers 148, p. 2, as

quoted in Horwitz, Revolution Politicks, p. 22. 102. PH, vol. IV, p. 1305. 103. Timberland, History and Proceedings of the House of Lords, vol. I, p. 250. 104. PH, vol. IV, p. 1289. 105. Timberland, History and Proceedings of the House of Lords, vol. I, p. 288. 106. Hickes, Jovian, preface; PH, vol. IV, p. 1327. 107. Somers, Brief History of the Succession, p. 15. See, also, W. G., Case of

Succession, p. 13. 108. Brady, Great Point of Succession, p. 10. 109. Lawrence, Marriage, p. 133. 110. Pelling, Apostate Protestant, p. 33; PH, vol. IV, pp. 1132, 1207. Ill. Letter on the Subject of the Succession, pp. 2, 4. 112. Brady, Great Point of Succession, p. 36. 113. See, for example, the November 1680 debate on bringing in a Bill of

Exclusion. PH, vol. IV, p. 1183. 114. Letter on the Subject of the Succession, p. 3. 115. PH, vol. IV p. 1194; Delamer, Works, p. 96. 116. PH, vol. IV, p. 1209. 117. PH, vol. IV, pp. 1191 and 1205 (Sir Leoline Jenkins); Mackenzie, Lawful

Successor, p. 4; Hickes, Jovian, preface. 118. J. D., Word Without Doors, p. 4. 119. PH, vol. IV, p. 1211 (Sir Francis Winnington). 120. Ibid., p. 1207 (Laurence Hyde), 121. Hunt, Great and Weighty Considerations, p. 158; PH, vol. IV, p. 1209 (Sir

William Jones). 122. Hunt, Great and Weighty Considerations, p. 162; PH, vol. IV, p. 1134 (Hugh

Boscawen). 123. This rule of monarchical succession, only emerging in the later Stuart pe

riod, was fully in place by the middle of the eighteenth century. Blackstone observed in the Commentaries that • "heirs" necessarily implies an inheritance,' but "'successors" distinctly taken, must imply that this inheritance may sometimes be broke through; or that there may be a successor, without being the heir of the king.' This distinction was picked up and echoed in

Notes to pp. 116-24 285

later editions of Giles Jacob's law dictionary. Blackstone, Commentaries, vol. I, p. 188; Jacob, Law-Dictionary, entry for 'King.'

124. This argument, which rendered the word 'heir' effectively meaningless, was picked up without comment by Burnet in his summary of the Exclusionist position: 'And whereas the oath of allegiance tied us to the king and his heirs; the word heir was a term that imported that person who by law ought to succeed: and so it fell by law to any person who was declared next in the succession.' Burnet, History, vol. II, p. 208.

125. PH, vol. IV, p. 1194 (Henry Booth); Delamer, Works, pp. 95-6. 126. Hunt, Answer to a Book, p. 200; Hunt, Mr Hunt's Postscript, p. 42. 127. See, for example, the definition of 'heyre' in any edition of two law diction

aries in common use at the time: Cowell, Interpreter, and T. Blount, NomoLexicon.

128. Delamer, Works, p. 552. 129. Burnet, History, vol. II, p. 207. 130. Pereat Papa, p. 3. 131. Comber, Religion and Loyalty, p. 12. 132. Delamer, Works, p. 548. 133. Hunt, Answer to a Book, pp. 199-200; Delamer, Works, p. 551. 134. Somers, Brief History of the Succession, p. 17.

6 The Unsettling Prospect of an Elective Crown (pp. 120-46)

I. Journals of the House of Commons (CJ), vol. IX, p. 651; PH, vol. IV, p. 1215. 2. PH, vol. IV, pp. 1035-6. 3. PH, vol. IV, p. 1182 (John Birch). 4. Ibid., p. 1252. 5. The fears expressed by Sir Hugh Cholmondeley and Sir Thomas Player.

Ibid., p. 1126. 6. The king's message to the House of Commons, 9 November 16S0. CJ, vol.

IX, p. 649. 7. Lawrence, Two Great Questions, p. 14. S. Burnet, History, Vol. II, p. 209. 9. To the extent that the right of national self-defence was to be regarded

as fundamental, it was argued that any legislation in denial of that right was void. When 'there can be no safety, but general ruin and destruction expected from the next successor,' fundamental law dictates that there be 'a power in the parliament to remedy it'; and 'therefore no statute law can oblige to the contrary.' W. G., Case of Succession, p. 14.

10. Craig, Right of Succession, p. 226. II. Comber, Religion and Loyalty, pp. 34, II. 12. Mackenzie, Lawful Successor, pp. 14-17,21. 13. Somers, Brief History of the Succession, p. 16. 14. Hunt, Answer to a Book, p. 198. 15. Scott, Algernon Sidney and the Restoration Crisis, p. 253. 16. Hunt, Answer to a Book, pp. 193-4. 17. Comber, Religion and Loyalty, p. 12; E. F., Letter From A Gentleman of

Quality, p. 9; Brydall, White Rose, pp. 3, 5. IS. Brady saw nomination operating in the transfer of the crown from Edward


the Confessor to William I; from William I to William Rufus; from Henry I to Stephen; from Stephen to Henry II; and from John to Henry m. Brady, True and Exact History, pp. 365-77. See, also, Comber, Religion and Loyalty, p. 19; Cooke, History of the Successions, pp. 10, 25; Cooke, Seasonable Treatise, vi, xl, cxxvii. [A Seasonable Treatise was a reissue of Cooke's earlier Argumentum Anti-Normanicum (1682)].

19. Brady, True and Exact History, p. 363. 20. Ibid., pp. 366-72, 377. 21. Ibid., p. 392. 22. Mackenzie, Lawful Successor, p. 38. 23. Comber, Religion and Layalty, p. 30. 24. Brady, Great Point of Succession, p. 6. 25. Lawrence, Right of Primogeniture, p. 192. 26. Shakespeare, Richard the Second, IV, i. 27. E. F., Letter From A Gentleman of Quality, p. 5; Williams, Answer to

Sundry Matters, pp. 20-21. 28. Mackenzie, Lawful Successor, pp. 1-3, 23. 29. Letter on the Subject of the Succession, p. 8; Comber, Religion and Loyalty,

p. 35; Burnet, History, Vol. II, p. 211. 30. PH, vol. IV, p. 1132. 31. See PH, vol. IV, for the remarks of Laurence Hyde, p. 1181; Edward

Seymour, p. 1186; Sir Richard Graham, p. 1186; and Colonel Legge, p.1330.

32. Ibid., p. 1133 (Henry Coventry); p. 1338 (Sir Leoline Jenkins). Jenkins asserted that even if Exclusion succeeded a standing army 'will be necessary to support it', p. 1182.

33. Ibid., p. 1186. 34. Ibid., p. 1212. 35. Burnet, History, vol. n, p. 212. 36. Lawrence, Right of Primogeniture, p. 197. 37. PH, vol. IV, p. 1208. See, also, Ibid., p. 1189 (Hugh Boscawen). 38. For Capel's career see Henning, History of Parliament, vol. II, pp. 6-11. 39. See, too, the writings of Thomas Hunt. Warning of the consequences of

James's coming to the throne, Hunt was certain that the mid-century civil wars were attributable to Ute doctrine of 'Monarchy ... Jure Divino, in such a sence that made the King absolute.' Hunt, Mr Hunt's Postscript, pp. 102-3.

40. PH, vol. IV, p. 1317 (Sir Robert Clayton). 41. Ibid., p. 1284 (Sir William Jones). 42. Ibid., p. 1317 (Sir Robert Clayton). 43. Ibid., p. 1292 (William Leveson Gower). 44. Hunt, Mr Hunt's Postscript, preface. 45. Burnet, History, vol. n, p. 205. 46. E. F., Letter From A Gentleman of Quality, p. 8; Brady, Great Point of

Succession, p. 36. 47. Pelling, Apostate Protestant, p. 14; E. F., Letter From A Gentleman of Quality,

p. 8; Mackenzie, Lawful Successor, pp. 25-6; Brady, Great Point of Succession, p. 37.

48. Comber, Religion and Loyalty, p. 5; Mackenzie, Jus Regium, p. 43.

Notes to pp. 129-35 287

49. Jones, Just and Modest Vindication, in Timberland, History and Proceedings of the House of Lords, vol. I, p. 293 (see also note 122, below, for other attributions of authorship); PH, vol. IV, p. 1308 (Richard Hampden).

50. PH, vol. IV, p. 1254 (Sir William Jones). 51. Ibid., p. 1257. 52. Ibid., p. 1237 (Ralph Montagu). 53. Ibid., p. 1330 (Colonel Legge). 54. Timberland, History and Proceedings of the House of Lords, p. 262. 55. Mackenzie, Jus Regium, p. 29; Hunt, Mr Hunt's Postcript, p. 44; Brady, True

and Exact History, pp. 394-5; Somers, Brief History 0/ the Succession, p. 16.

56. Settle, Character of A Popish Successour, p. 21. 57. 'A Resolution of Two Important Questions: I. Whether the Crown of Eng

land be Hereditary. II. Whether the Duke of York ought to be excluded,' in Delamer, Works, p. 550.

58. Somers, Brief History of the Succession, p. 7; Hunt, Short Historical Collection, p. 206.

59. Delamer, Works, p. 544. 60. Sidney, Discourses, chapter Two, section 11, pp. 136-1. See, also, Scott,

Algernon Sidney and the Restoration Crisis, pp. 232, 253. 61. Somers, Brief History of the Succession, p. 10; Delarner, Works, p. 545. 62. Brady, True and Exact History, p. 384-9; Great Point o/Succession, p. 14;

Comber, Religion and Loyalty, p. 27. 63. Brady, True and Exact History, p. 378. 64. Mackenzie, Lawful Successor, p. 34; Brady, Great Point of Succession, p. 19;

Comber, Religion and Loyalty, p. 29. In their analyses both Mackenzie and Brady borrowed freely from Francis Bacon, History of the Reign of King Henry the Seventh.

65. Mackenzie, Lawful Successor, p. 35; E. F., Letter From A Gentleman 0/ Quality, p. 14; Short Scheme of the Usurpations, p. 7.

66. Brady, True and Exact History, p. 390. 67. Doleman, Conference About the Next Succession, p. 130. 68. SR, vol. IV, part I, pp. 526-8. 69. PH, vol. IV, p. 1214. 70. Ibid., p. 1323. 71. E. F., Letter From A Gentleman of Quality, pp. 1,8. 72. Hickes, Jovian, preface; E. F., Letter From A Gentleman o/Quality, p. 17.

See, also, Williams, Answer to Sundry Matters, pp. 24-5, for the argument that 13 Eliz., c.l was nullified by the oath of allegiance to James I, his heirs and successors.

73. Brady, True and Exact History, pp. 398-400; E. F., Letter From A Gentleman of Quality, pp. 16-17. Another suggestion was that the law might now be disregarded because it was made 'only for fear or flattery of the present prince, and after, never observed.' BrydalI, White Rose, p. 6.

74. Mackenzie, Lawful Successor, p. 40. 75. Comber, Religion and Loyalty, p. 32. 76. Mackenzie. Lawful Successor, pp. 38-9. 77. Delamer, Works, p. 545. John Somers took apparent pleasure in reminding

anti-Exclusionist writers that in consequence of 13 Eliz., c.l, their denying


parliament a role in determining the succession opened them to treason. 'It were well if some rash men, who presume in their discourses to restrain the power of the Parliament, (that is, the King, Lords and Commons,) in the great business of the Succession, would be so wise as to remember this Act, (which is still in force) and the penalty to which they subject themselves by such sawcy Talk.' Somers, Brief History of the Succession, p. 14.

78. Hunt, Mr Hunt's Postscript, p. 31. 79. Hunt, Answer to a Book, p. 202; Hunt, Great and Weighty Considerations,

p.132. 80. W. G., Case of Succession, p. 15. 81. Ibid., pp. 9, 14. 82. J. D., Word Without Doors, p. 2. 83. Exclusionist argument often went further than the assertion that God had

left it to men to formulate a rule of monarchical succession. Henry Booth, as an example, argued that God did not institute monarchy among his people, but 'left [them] to themselves to frame such a government as suited best their inclinations.' PH, vol. IV, p. 1195; Delamer, Works, p. 97. In this construct God was not only disinterested in the rule of succession, he was indifferent as well to the form of government that men are permitted to choose for themselves. This idea tended to be threatening to the opponents of Exclusion as not only did it allow the possibility of elective monarchy, it also opened the way to a republic.

84. Burnet, History, vol. n, pp. 210-11. 85. Lawrence, Two Great Questions, p. 4. 86. Hunt, Mr Hunt's Postscript, p. 42. 87. One point frequently made was that the historical record demonstrated plainly

that 'the succession was scarce ever kept for three kings reigns together, in a direct line of descent since the Conquest.' Settle, Character of a Popish Successour, p. 16. See, too, Somers, Brief History of the Succession, passim; Hunt, Great and Weighty Considerations, pp. 205-6; Cooke, History of the Successions, passim.

88. Hunt, Great and'Weighty Considerations, pp. 132, 140; W. G., Case of Succession, p. 13.

89. W. G., Case of Succession, pp. 8-9, 13; Pereat Papa, p. 3. 90. Sidney, Discourses, pp. 49, 53. 91. How, it was asked, could any rational man with a care for his country

believe that 'the interest of one man shall outweigh that of three kingdoms.' Settle, Character of a Popish Successour, pp. 16-18; Burnet. History, vol. n, pp. 208-9.

92. Hunt, Mr Hunt's Postscript. pp. 38,42; Great and Weighty Considerations, p. 142; Answer to a Book, p. 190; Somers, Brief History of the Succession, p. 1'6; Lawrence, Two Great Questions. pp. 6-7.

93. Burnet, History, vol. n, pp. 207-8; Lawrence, Two Great Questions, p. 8. 94. Settle, Character of a Popish Successour, p. 21. Settle's vituperative Whig

pen was turned with equal enthusiasm to Tory invective after the failure of Exclusion, and then back to Whig sensibilities after the Revolution. In 1691 Settle was appointed city poet for London.

95. Assheton, Royal Apology, p. 43. 96. Hunt. Mr Hunt's Postscript. p. 43.

Notes to pp. 138-43

97. Lawrence, Two Great Questions, pp. 34-5. 98. Ibid., p. 7. 99. Ibid., p. 10.

100. Ibid., p. 16. 101. Ibid., pp. 13-14. 102. Ibid., pp. 15-16. 103, Ibid., pp. 5, 8. 104. Ibid., p. 8.

289

105. Brady, Great Point of Succession, pp. 21, 25; E. F., Letter From a Gen-tleman of Quality, p. 14.

106. Comber, Religion and Loyalty, p. 11. 107. Nalson, Common Interest of King and People, p. 113. 108. Comber, Religion and Loyalty, p. 11. 109. Williams, Answer to Hunt's Postscript, p. 27. 110. Lawrence, Two Great Questions, p. 3. 111. Colonel Legge, Debate on the third reading of the Bill of Exclusion, 11

November 1680. PH, vol. IV, p. 1212. 112. Mary Tudor's first parliament reversed her legislated illegitmacy and sug

gested that she had taken the throne, not as an inheritance, but pursuant to her father's third Act of Succession. Elizabeth simply ignored any need to establish the basis of her claim, leaving it to be understood that she came to the throne via Henry's legislation or heritable right which cured her bastardy.

113. Lawrence, Right of Primogeniture, preface. 114. Blount, Appealfrom the Country to the City, p. 25. (The same pamphlet was

also published under the pseUdonym, Junius Brutus). 115. Even Robert Brady recognised that the appeal of an elected monarchy re

sponsible to the people resided in its being a hedge against the possible excesses of rule. A king who was responsible to God alone might logically feel freer to do evil. Brady, True and Exact History, p. 376.

116. Burnet, History, vol. n, p. 279. 117. PH, vol. IV, p. 1322. 118. Mackenzie, Lawful Successor, p. 5; Brady, Great Point of Succession, p. 4;

Burnet, History, vol. n, p. 211. 119. PH, vol. IV, p. 1325. 120. Ibid., p. 1321. 121. Ibid., p. 1329. 122. Ferguson, Just and Modest Vindication of the Proceedings of the Two Last

Parliaments, p. 31. There is still uncertainty about the authorship of this anonymous pamphlet. Burnet has it 'at first penned by Sidney. But a new draught was made by Somers, and corrected by Jones.' Burnet, History, vol. II, p. 283. Blair Worden and Jonathan Scott assert that 'Sidney was its principal author,' Scott, Algernon Sidney and the Restoration Crisis, p. 186. The Folger Library Catalogue prefers Jones. Wing's attribution is to Robert Ferguson (F 741). On the question of treason, see too the remarks of Sir Nicholas Carew. PH, vol. IV, p. 1321.

123. Burnet, History, vol. n, pp. 276-7. Sir Robert Markham, in the Oxford Parliament. proposed the possibility of William and James 'administer[ing] the government jointly.' The proposal was reportedly greeted with laughter.

290 Notes to pp. 143-50

124. PH, vol. IV, p. 1323; Henning, History of Parliament, vol. II, p. 751. 125. PH, vol. IV, p. 1325 (Sir William Jones). 126. Ibid., p. 1136. 127. Haley, Sha/tesbury, p. 598. 128. Burnet, History, vol. II, p. 251. 129.. Sir Christopher Musgrave, PH, vol. IV, pp. 1184, 1196. See too the remarks

of Sir Richard Graham, p. 1186; Sir Leoline Jenkins, p. 1193; Sir William Hickman, p. 1196; Daniel Finch, p. 1197.

130. Silius Titus argued that a successor could not be named because it was still possible that Charles might produce legitimate issue. PH, vol. IV, p. 1197.

131. Ibid., pp. 1196-7 (Col. John Birch and Sir Robert Howard). FAward Vaughan made the same argument in the Oxford Parliament, Ibid., p. 1329.

132. Lords MS 283. 'Manuscripts of the House of Lords 1678-1688,' 11 HMCR, App., part n, pp. 196-7.

133. PH, vol. IV, p. 1239 (William Harbord). 134. For a discussion of designation theory in the earlier part of the century, see

Sommerv~lle, Politics and Ideology, pp. 22-7. 135. NatIOn, Common Interest of King and People, p. 15. 136. PH, vol. IV, p. 1091. 137. Burnet, History, vol. II, p. 207. 138. PH, vol. IV. p. 1211 (Sir Francis Winnington); p. 1290 (Colonel Titus);

Somers, Brief History of the Succession, p. 15. 139. PH, vol. IV. p. 1209. 140. Ibid., p. 1182.

7 T"e Survival of Hereditary Monarchy and the End of Indefeasible Right (pp. 147-83)

1. Henning, History of Parliament, vol. I, p. 78. 2. Western, Monarcl,y and Revolution, p. 203. 3. Nottingham was also making the argument that the inheritance of the crown

was superior to private patrimonies in that the crown cured all defects in the heir (infancy, lunacy, etc.). DAL, p. 160. See too William Petty's remarks in 1685 on 'The Powers of the K[ing] of England,' in which he observed that the king's 'coming to the Crown clears him from all punishments &c due before.' BL, Add. MS 27,989/3, foU8.

4. Sermon Preached, pp. 22-3. S. Straka, Anglican Reaction to the Revolution; Straka, 'Final Phase of Divine

Right Theory', 638-58. 6. TImberland, History and Proceedings of the House of Lords. vol. I, p. 288. 7. CSP Domestic (1685) p. 61. 8. The same reasoning was applied as well to usurpations. The argument was

that usurpation, although regarded as a form of tyranny, might ultimately lead to a settled government through consent. 'The want of a title or a bad one may be supplied by prescription. or the subsequent consent of the people. ' Esaay Upon the Original and Designe of Magistracie, p. S; Political Conference, p. 37.

9. Nalson. Common Interest of Kinll and PeoDle. D. 87.


10. 'The Declaration of the Duke of Monmouth,' PRO 30/24/44n6. 11. As to the possibilities of claim open to Monmouth, see Nenner, 'Pretense

and Pragmatism,' p. 88. 12. Burnet, History, vol. m, p. 255. 13. Once the queen was reported to be pregnant there was one chance in two

that any child carried to term would be a male, with the result that the Princess of Orange would be displaced from her position as heir presumptive. Some Catholics, however, believed that it made no difference whether the queen was delivered of a son or a daughter, that either would take precedence over Mary in the line of succession. The argument was 'that if the Queen had a daughter born after the King came to the Crown, it ought to succeed before a daughter born when he was only a Duke.' Wildman, Memorial from the English Protestants, in Collection of State Tracts, vol. I, p. 12.

14. Burnet, History, vol. m, p. 259; Van Der Zee, William and Mary, p. 233. 15. William, Declaration, p. 12; PH, vol. V, p. 9. 16. Discourse Concerning . .. the Present Conventions, p. 18; Four Questions

Debated, p. 7. 17. Baxter, William JII, pp. 129,223-4; J. R. Jones, Charles II, p. 175. William

was not the only one to have indulged himself in succession fantasies. During Mary of Modena's confinement some Catholics, anticipating the possibility of the queen's being delivered of a girl, were prepared to argue that any daughter born after the king was crowned would take precedence in the succession over Mary and Anne, both of whom were born while James was still Duke of York. Account of the Pretended Prince of Wales, p.8.

18. Some Reflections, in Somers Tracts, vol. IX, p. 293. 19. Animadversions upon the Declaration, p. 21. 20. See, for example, Answer to Two Papers, p. 17. 21. See, for example, Baxter, William JII, pp. 226, 29. 22. Edward Harley's letter to his son, Robert, 7 February 1689. BL, Add. MS

40,621, fol.18. 23. PH, vol. V, p. 10. 24. PH, vol. V, p. 9. According to William's biographer, Stephen Baxter, both

Mary and Anne were convinced that the pregnancy was a fraud, but what the Prince actually believed is impossible to know. Baxter, William JII, p.229.

25. Wildman, Memorial from the English Protestants, in Collection of State Tracts, vol. I, pp. I, 14, 18, 22-3; Sidney Redivivus, p. 14.

26. 'Diary of Henry Hyde, 2nd Earl of Clarendon, for the year 1688,' BL, Stowe MS 770, fols.162-3.

27. VAL, pp. 159-72. 28. 'Proclamation (13 Feb) of the Lords and Commons,' Bohun, History of the

Desertion, p. 129. 29. Macaulay, History, vol. m, p. 1310. 30. Memorials on Both Sides, p. 8. 31. '[I]f ever Man had a just cause of War, he had; and that creates a right to

the thing gained by it: the King by withdrawing and disbanding his Army, yielded him the throne; and if he had, without any more ceremony, ascended

292 Notes to pp. 158-63

it, he had done noe more than all other princes do on the like occasions.' Bohun, History of the Desertion, p. 110.

32. William, Additional Declaration, p. 2. Macaulay also regarded conquest as unimaginable, but for an altogether different reason. For William to have been styled a conqueror would have been a gross affront to English pride and nothing less than a national disgrace. It would have meant that 'this great kingdom, with a mighty fleet on the sea, with a regular army of 40,000 men, and with a militia of 150,000 men, had been, without one siege or battle, reduced to the state of a province by 15,000 invaders.' Macaulay, History, vol. n, p. 525.

33. Ghest, Impartial Disquisition, p. 1. 34. Nenner, By Colour of Law, pp. 101-5. 35. Remonstrance and Protestation, p. 5. 36. Some Reflections, in Somers Tracts, vol. IX, p. 294. 37. Some Short Considerations Relating to the . .. Government, p. 4. 38. Morrice, 'Ent'ring Book,' vol. 2, pp. 378, 382. 39. DAL (Henry Pollexfen), pp. 97 and 99. The Commons were also to use this

argument to demonstrate that the lords' address to William on 25 December, requesting that he assume 'the administration of publick affairs both civil and military,' meant that they recognised that the throne was vacant. DAL, pp.23-4.

40. Ferguson, Brief Justification, p. 31; Reasons for Crowning, p. 1; Four Questions Debated, p. 6; Leiter Which was sent to the Author, p. 33.

41. Reasons for Crowning, pp. I, 18; Ferguson, Brief Justification, p. 37. 42. Political Conference, p. 41. 43. DAL, p. 138. 44. Ferguson, Brief Justification, p. 34. 45. Letter Which was sent to the Author, p. 14. 46. Ferguson, Brief Justification, p. 34. 47. Sherlock, Letter to A Member of the Convention, p. 4; Answer To Two Papers,

p.32. 48. Filmer, Patriarcha, p. 61. 49. DAL (Nottingham), p. 117. 50. On January 29, 1689 the motion for a regency in the House of Lords was

to fail by only three votes. 12 HMCR App., part vi, p. 15; U, vol. XIV, p. 110. For a discussion of the slight discrepancies in various reports of the number of lords voting on each side of the regency issue see Horwitz, 'Parliament and the Glorious Revolution,' p. 44, n.3; Cruickshanks et aI., 'Division in the House of Lords,' p. 59.

51. There were also those who were troubled by a regency in this instance because 'it is owning the king who hath forsaken the kingdom.' BL, Stowe MS 370, f.70v.

52. Answer To the Author, p. 2. 53. DAL, p. 103. 54. Sherlock, Letter to a Member of the Convention, p. 1. 55. Morrice, 'Ent'ring Book,' vol. 2, p. 393. 56. Speech of a Fellow Communer, p. 7. 57. DAL, p. 158.

Notes to pp. 163-72 293

58. Reflections Upon the Present State of the Nation, p. 2. 59. Discourse Concerning . .. the Present Conventions, p. 16; Letter to a Friend,

p. 14; Some Remarks upon Government, p. 27. 60. Morrice, 'Ent'ring Book,' vol. 2, p. 449; Reresby, Memoirs, p. 551. 61. DAL, pp. 28 and 106. 62. Ibid., p. 47. 63. BL, Stowe MS 371, fo.llv. 64. DAL, p. 165. See, too, Hickes, Word to the Wavering, p. 9. 65. Reflections Upon Our Late and Present Proceedings, p. 7. 66. Ibid., p. 9. 67. DAL, p. 33. 68. Ibid., pp. 172-3. 69. Ibid., p. 142. 70. Response to Lords' amendments to the Commons Resolution of 28 January.

Ibid., p. 24. 71. Ibid., p. 108. 72. Ibid., p. 162. 73. See, for example, the Earl of Pembroke's remarks. Ibid., p. 155. 74. Ibid., p. 166 (Earl of Nottingham). 75. See, for example, Political Conference, p. 40. 76. Entry for 23 January 1689. Evelyn, Diary, vol. IV, p. 616. 77. Craig, Right of Succession, p. 127. 78. Address by Humphrey Gower, Vice-Chancellor of the University of Cam

bridge (1681). BL, Add. MS 5847, fol.177. 79. James II's letter to his Privy Council from St Germain, 4 January 1989. His

Majesties Letter, p. 13; Memorials on Both Sides, p. 37. 80. Dialogue Between Dick and Tom, p. 18. 81. Necessity of Setling the Crown, p. 6. 82. CI, vol. X, p. 15. 83. U, vol. XIV, p. 110. 84. See Horwitz, '1689 (and All That),' p. 26. 85. Williams, Eighteenth-Century Constitution, p. 32. 86. See the remarks of Sir Robert Howard. PH, vol. V. p. 98. 87. Stephens,Important Questions of State, p. 10. 88. Political Conference, p. 38. 89. DAL, p. 136. 90. Ibid., p. 157. 91. Letter Which was sent to the Author, p. 32. 92. DAL. p. 148. 93. Reresby, Memoirs, p. 546. 94. Account of the Pretended Prince of Wales, p. 9. 95. Answer to a late Pamphlet, p. 3. 96. Memorials on Both Sides, p. 36. 97. Ibid., p. 38. On the issue of honour in the Revolution see Nenner, 'Traces

of Shame,' pp. 238-47. 98. Account of the Pretended Prince of Wales, p. 13. 99. Remonstrance and Protestation, p. 13.

100. Ibid., p. 12. For the most complete modem argument in support of the idea


that the Revolution brought about significant constitutional change, that it changed the kingship as well as the king, see Schwoerer, Declaration of Rights. .

101. Political Conference, pp. 27 and 37; also see Discourse Concerning . .. the Present Conventions, pp. 16-17.

102. Political Conference, p. 31. 103. DAL, p. 155. 104. Short Historical Account Touching the Succession, p. 2. 105. DAL, p. 107. Also see Four Questions Debated, p. 6. 106. 'Abdicated,' however, was ultimately preferable because it was understood

to convey a sense of finality, whereas 'deserted' seemed to leave open the possibility of a return. BL, Stowe MS 371, fo1.20.

107. See, for example, the preface to Bohun, History of the Desertion, for the statement that James's actions amounted to 'a proper legal abdication, as it is distinguished from a voluntary resignation on the one hand, and a violent deposition on the other;' and see BL, Stowe MS 371, fol.10v., for the counter argument by the Lords in the Convention that 'in the most common acceptation of the CiviIl Law, abdication is a voluntary express act of renunciation, which is not in this case.' For a recent debate on the meaning of the word 'abdication' see Slaughter, '''Abdicate'' and "Contract";' John Miller, • "Contract" and "Abdication" Reconsidered;' and Slaughter, '''Abdicate'' and "Contract" Restored'.

108. See, for example, the 'Speech of [Heneage] Finch to the Convention against the Prince of Orange's assumption of the crown; 1688,' BL, Stowe MS 364, fols.67-67v.

109. Remonstrance and Protestation, p. 8. 110. Answer to the Desertion Discuss'd, p. 3. 111. Cl, vol. X, p. 14. 112. 12 HMCR, App., part VI, p. 14. 113. Collier, Desertion Discuss'd, p. 6; Answer to Two Papers, p. 36. 114. DAL, p. 83. 115. Ferguson, Brief Justification, p. 18. 116. Free Conference, p. 15. 117. Ferguson, Brief Justification, p. 18. 118. DAL, p. 137; Political Conference, pp. 46-7. Another ingenious variation

on the theme of James's having dethroned himself was that as he had violated the constitution prior to the birth of the Prince of Wales, it made no difference whether or not the birth was genuine. By the time it had happened James, in effect, was no longer king and his heirs were of no constitutional consequence. Political Conference, p. 50.

119. PH, vol. IV, p. 1206. 120. DAL, p. 82. 121. Ibid., p. 28. 122. See Nottingham's remarks, Ibid., pp. 160-2. 123. Ibid., pp. 58-9. 'It is a maxime in Law that every right title and Interest in

presenti or futuro may by consent of all parties be destroyed or taken away.' BL, Harley MS 4892/3, fo1.26.

124. Sidney Redivivus, p. 13.

Notes to pp. 177-82 295

125. DAL, p. 59. 126. 12 HMCR, App., part VI, p. 18. 127. Bohun, History of the Desertion, part 2 (A Short Account of the Methods

used for the Re-establishment of our Government), p. 123. 128. Reasons humbly offer'd, p. 18. 129. Reasons for Crowning, pp. 1, 19; Ferguson, Brief Justification, p. 34; Four

Questions Debated, p. 8. 130. Reasons for Crowning, p. 1. 131. Ibid., p. 1; Tarlton, "'Rulers Now On Earth",' p. 284. For a rejection of that

argument see Reflections Upon the Present State of the Nation, p. 2. 132. Several Queries, pp. 2-3. See also Four Questions Debated, p. 7; Nenner,

'Traces of Shame,' pp. 238-47. 133. Several Queries, p. 2. See also Reasons humbly offer'd, p. 18. 134. John Shirley, writing two years before the Revolution and with no idea of

what lay ahead, decried the male prerogative of 'rule and power' and men's efforts ,'to keep the softer sex in ignorance; and ... to possess her with a belief of her incapacities.' Shirley, Illustrious History of Women, p. 127. Shirley, however, demonstrated a remarkable, if innocent, prescience of what was to come: 'In her husbands absence, she officiates his place, in regarding and takeing care of his affaires, but when he is present, she intermeddles in his concerns no further than she is required,' p. 155. See, too, Schwoerer, 'Women and the Glorious Revolution, p. 215.

135. Ferguson, Brief Justification, p. 35. 136. Reasons for Crowning, p. 19; Political Conference, pp. 36-7, 41-2; Four

Questions Debated, p. 7; Proposals Humbly offered, p. 5; Some Short Considerations Concerning the . .. Nation, p. 7.

137. Political Conference, p. 38. 138. Burnet, Enquiry, p. 10. 139. Burnet, History, vol. ro, pp. 137-8. 140. DAL (Earl of Pembroke), p. 154. 141. DAL (Sir George Treby), pp. 154-6. 142. Political Conference, p. 42; Four Questions Debated, p. 7. 143. Political Conference, pp. 34-5, 42; Discourse Concerning. , . the Present

Conventions, p. 15. 144. Political Conference, p. 34. 145. Burnet, History, vol. ro, p. 139. 146. Ferguson, Brief Justification, p. 36. 147. Answer to a late Pamphlet, p. 1. 148. Several Queries, p. 3. 149. 'Declaration of Rights,' in D. L. Jones, Parliamentary History, p. 45. 150. Dalrymple, Memoirs, vol. I, pp. 204-5. 151. The Earl of Clarendon's diary entry for 27 January 1689. Singer, Corres

pondence, vol. II, pp. 254-5. On 3 February Sir John Reresby recorded being told that 'the Princesse of Denmark was very sensible what a mistake she had committed to leave her father to come into the Prince, who was now endeavouring to invade her right and to gett priority of succession before her.' Reresby, Memoirs, p. 551.

152. Dalrymple, Memoirs, p. 209.

296 Notes to pp. 182-90

153. Jones, Parliamentary History, p. 48. Sophia had earlier been reported to have been annoyed at not being named. Hatton, George I, p. 73 (citing Mary, Memoirs, William's letter of 10/20 Dec. 1689).

154. Some of the generalised discomfort about who might follow William was expressed pointedly in the contemporary polemical literature. 'But the honour I have for him [William] runs not to his posterity, for as a good man may not withstanding get a profligate son, so I should be loath to repose such a trust at a venture in the hands of anyone whom I do not know.' Some Remarks upon Government, p. 28.

155. Evelyn, Diary, vol. IV, p. 621. 156. Dalrymple, Memoirs, pp. 207, 209. 157. As important as Mary's difficulties in carrying a child to term were the

reports by mid-1679 that William was sterile. Baxter, William lII, p. 163.

8 The Problem of Allegiance (pp. 184-218)

1. Johnson, Remarks Upon Dr Sherlock's Book, pp. 3-4. 2. Letter from an absent Lord, p. 3. 3. Fullwood, Agreement Betwixt the Present and the Former Government,

p. 27. The tract has also been attributed to the better known anti-Catholic divine, Daniel Whitby.

4. Ibid., p. 10. 5. Blackstone, Commentaries, vol. I, p. 184. 6. Letter from an absent Lord, pp. 3-4. 7. Enquiry Into The Nature and Obligation of Legal Rights, p. 7. 8. Comber, Letter to a bishop, pp. 22, 27. 9. C. Blount, King William and Queen Mary Conquerors, p. 3.

10. William Sherlock, Case of Allegiance . .. Stated, p. 23. 11. Some Short Considerations Concerning the . .. Nation, p. 10. 12. Allegations in behalf of the High and Mighty Princess, p. 4. 13. Infinitely valuable and by far the most comprehensive treatment of the

Allegiance Controversy is Goldie, 'Revolution of 1689 and the Structure of Political Argument,' passim.

14. Sherlock, Vindication, p. 47. 15. Collier, Animadversions, p. 1. 16. Doleman, Conference About the Next Succession, p. 130. 17. James I, Political Works, xcii (C. H. McIlwain quoting Craig, Right of

Succession, part ii, p. 386). 18. Brief Vindication. 19. Wagstaffe, Answer to a late Pamphlet, p. 1. 20. Enquiry Into the Nature and Obligation of Legal Rights, p. 40. 21. Samuel Johnson, Argument Proving, p. 58. 22. C. Blount, King William and Queen Mary Conquerors, pp. 57, 11. 23. Sherlock, Their Present Majesties Government, p. 33. 24. Ibid., p. 26; Letter From A French Lawyer, p. 6; Fullwood, Agreement Betwixt

the Present and the Former Government, p. 56. 25. The resolution of 28 January 1688/9, shrouded in ambiguity, read as follows:

'Resolved, that King James the Second, having endeavoured to subvert the

26. 27. 28. 29.

30. 31. 32. 33. 34. 35.

36. 37.

38. 39. 40.

41. 42.

43. 44. 45. 46. 47.

48.

49. 50.

51. 52. 53. 54. 55.


Constitution of the Kingdom, by breaking the Original Contract between King and People; and, by the Advice of Jesuits, and other wicked Persons, having violated the fundamental laws; and having withdrawn himself out of this Kingdom; has abdicated the Government; and that the Throne is thereby vacant.' CJ. vol. X, p. 14. Enquiry Into The Nature and Obligation of Legal Rights, p. 43. Some Considerations Touching Succession And Allegiance, p. 7. Ascham, Confusions and Revolutions, p. 79. The re-issue, entitled A Seasonable Discourse, Wherein is Examined What is Lawfull during the Confusions and Revolutions of Government (London, 1689), was an abbreviated version of the 1649 work. The much shorter Seasonable Discourse was edited to emphasise the justification for releasing a subject from his oath of allegiance in the case of the king's deserting the kingdom. Jenkin, Title of a Thorough Settlement, p. 11. Sherlock, Case of Allegiance . .. Stated, p. 50. Kenyon, Revolution Principles, passim. Johnson, Argument Proving, pp. 49-50. Ascham, Confusions and Revolutions, p. 79. An obvious one of the few was Edmund Ludlow. See Letter from Major General Ludlow. Brief Account of the NUllity of King James's Title, pp. 5-6. Atwood, Fundamental Constitution, preface, iv; Letter from Major General Ludlow, p. 2. Defoe, Reflections Upon the Late Great Revolution, p. 24. Sherlock, Case of Allegiance . .. Stated, p. 56. Defoe, Reflections Upon the Late Great Revolution, p. 49; Secret History, pp.205-6. Sherlock, Case of Allegiance ... Stated, p. 56. Johnson, Remarks Upon Dr Sherlock's Book, p. 23. The lWlguage was drawn from Danby's Non-Resisting Test Bill, defeated in 1675 because it was perceived at the time to be a government move towards arbitrary rule. Browne, Answer to Dr Sherlock's Case of Allegiance, p. 24. New History of the Succession, p. 64. Browne, Answer to Dr Sherlock's Case of Allegiance, p. 25. Some Considerations Touching Succession and Allegiance, p. 6. Letter Which was sent to the Author, p. 17; Fullwood, Agreement Betwixt the Present and the Former Government, p. 37; Letter to a Bishop, in Somers Tracts, vol. ix, p. 374. Sherlock, Case of Allegiance . .. Stated, p. 14; Enquiry Into the Nature and Obligation of Legal Rights, p. 22. Some Considerations Touching Succession and Allegiance, p. 23. 'Maxims of State, or Observation on government by the late Marq. of H-1694', BL, Sloane MS 2680, fol.9v. Johnson, Argument Proving, pp. 11, 18,48. Some Modest Remarks On Dr Sherlock's New Book, p. 14. Defoe, Reflections Upon the Late Great Revolution, p. 60. Brief Vindication, p. 5. Claridge, Defence of the Present Government, pp. 4-5; Claridge, Second

298 Notes to pp. 196-202

Defence, p. 26; Friendly Debate, p. 50; Brief Vindication, p. 46; Lords and Commons Reasons, pp. 1-2; Account of Mr Blunts late Book, p. 15.

56. Atwood, Fundamental Constitution, p. 73. 57. Friendly Debate, p. 33. 58. Atwood, Fundamental Constitution, p. 4. It is also worth noting that Locke's

Two Treatises, making the same point, were first published in 1690. 59. Sherlock, Case of Allegiance . .. Further Consider'd, pp. 26-7; Sherlock,

Case of Allegiance . .. Stated, pp. 24-5, 37; Sherlock, Their Present Majesties Government, p. 14; Jenkin, Title of a Thorough Settlement, pp. 20, 59; Lloyd, Discourse, p. 16, 18-19; Brief Vindication, p. 5.

60. Ghest, Impartial Disquisition, p. 8; Atwood, Fundamental Constitution, preface, ix; Account of Mr Blunts late Book, pp. 16-17; Some Modest Remarks on Dr Sherlocks New Book, p. 23.

61. Some Considerations Touching Succession and Allegiance, pp. 8, II. 62. Ibid., pp. 16-17; Defoe, Advantages of the Present Settlement, p. 20;

Friendly Debate, p. 32. The nonjurors of course categorically denied this reading of the constitution. 'For if the laws tye the crown to succession, as they evidently do; then a title drawn from the peoples consent is against law.' Collier, Animadversions, p. 4.

63. Some Considerations Touching Succession and Allegiance, pp. 11-12. 64. Brief Vindication, pp. 18-19. 65. Ghest, Impartial Disquisition, p. 6. 66. Sherlock, Case of Allegiance . .. Stated, p. 3S. 67. Atwood, Fundamental Constitution, p. 2. 68. Nenner, 'Later Stuart Age', pp. 197-8; Schwoerer, 'Locke ... and the

Glorious Revolution', p. 535. For the continuation of radical ideas in the decade following the Revolution see Goldie, 'Roots of True Whiggism,' passim.

69. Locke, Second Treatise, ch. XIX, sec. 222. 70. Atwood, Fundamental Constitution, pp. 72, 102. 71. Some Modest Remarks On Dr Sherlock's New Book, p. 25; R. B., Satis-

faction tendred to all, p. 20. 72. M. D., English Loyalty, p. 2. 73. Some Modest Remarks On Dr Sherlocks New Book, p. 23. 74. Lloyd, Discourse, p. 28. 75. Collier, Vindiciae Juris Regii, p. 6. 76. C. Blount, King William and Queen Mary Conquerors, preface. 77. Hickes, Apology For the New Separation, p. 6; Ghest, Impartial Disquisi

tion, p. 1; Letter formerly sent to Dr Tillotson, in Somers Tracts, vol. IX, p. 370; Jenkin, Title of a Thorough Settlement, p. 20.

78. Enquiry into the Nature and Obligation of Legal Rights, p. 38. 79. C. Blount, King William and Queen Mary Conquerors, p. 50; Comber, Letter

to a bishop, p. IS. SO. Bohun, Doctrine of Non-Resistance, p. 26; Comber, Letter to a bishop,

pp.I9-20. 81. Letter Writ by a Clergy-Man, p. 12. 82. C. Blount, King William and Queen Mary Conquerors, p. 4; Enquiry Into

The Nature and Obligation of Legal Rights, p. 31. 83. Bumet, Pastoral Letter, p. 20.


84. Letter to the Bishop of Sarum, p. 22; PRO, SP 9/247nO. 85. Burnet, Pastoral Letter, p. 21; Bohun, Doctrine of Non-Resistance, pp. 9-

10. 86. Collier, Animadversions, p. 1. 87. Some Short Considerations Concermng the . .. Nation, p. 11. 88. Account of Mr Blunts late Book, p. 18. 89. Nenner, By Colour of Law, pp. 101-5. 90. Atwood, Fundamental Constitution, preface, viii; Comber, Letter to a

bishop, p. 21; C. Blount, King William and Queen Mary Conquerors, p. 31; Account of Mr Blunts late Book, p. 10; Masters, Case of Allegiance, p. 9.

91. C. Blount, King William and Queen Mary Conquerors, pp. 33, 56-7. 92. Sherlock, Their Present Majesties Government, pp. 6-7, 29-30. 93. Ghest,lmpartial Disquisition, p. 6; Johnson, Argument Proving, pp. 15-16. 94. Atwood, Fundamental Constitution, dedication (to the Earl of Oxford, n.p.). 95. Stephens, Reflections Upon the Occurrences of the Last Year, p. 6; Tillotson,

Sermon Preached at Lincolns-Inn-Chappel, p. 30. 96. Lloyd, Discourse, pp. 5, 20-21; Discourse Shewing that it is Lawfull,

pp. 4, 8. 97. 'Dr Sherlock's Letter to Dr Sancroft A.Bp. of Cant. upon his being satisfied

of the lawfullnesse of taking the oath to W. & M.,' 20 August 1690. BL, Add. MS 32,095, fo1.350.

98. Samuel Johnson's tract was written in part to meet that objection. Johnson, Remarks Upon Dr Sherlock's Book, p. 34.

99. Jenkin, Title of a Thorough Settlement, p. 49. 100. Wagstaffe, Answer to a late Pamphlet, p. 3. 101. Sherlock, Vindication, p. 54. 102. Sherlock, Case of Allegiance . .. Stated, pp. 13,26. 103. Sherlock, Vindication, p. 58. For an accurate but unsympathetic restatement

of Sherlock's argument see Jenkin, Title of a Thorough Settlement, p. 17. 104. Jenkin, Title of a Thorough Settlement, p. 23. 105. Some Considerations Touching Succession And Allegiance, p. 25. 106. Enquiry Into The Nature and Obligation of Legal Rights, pp. 9-11, 19-20. 107. Sherlock, Case of Allegiance . .. Stated, pp. 52-3, 60; Some Modest Re

marks On Dr Sherlocks New Book, p. 13; Fullwood, Agreement Betwixt the Present and the Former Government, p. 16; Claridge, Defence of the Present Government, p. 6; Stillingfteet, Discourse Concerning the Unreasonableness of A New Separation, pp. 13, 28.

108. Atwood, Fundamental Constitution, p. 74; Masters, Case of Allegiance, pp. 6-7; Kennet, Dialogue Between Two Friends, p. 8.

109. Burnet, Pastoral Letter, p. 10. 110. Stillingfteet, Discourse Concerning the Unreasonableness of a New Separa-

tion, p. 25; Sherlock, Case of Allegiance . .. Stated, p. 16. 111. Fullwood, Agreement Betwixt the Present and the Former Government, p. 68. 112. Friendly Conference, p. 28. 113. Ibid., pp. 2-3; Letter Writ by a Clergy-Man, p. 10; Defoe, Advantages of the

Present Settlement, p. 36. Others argued that the true meaning of the crown curing all defects was that there was no distinction between a de facto and a de jure king, that all kings in possession were de jure by definition. Vindication of the Revolution. BL, Stowe MS 291, fols.14v-15.

300 Notes to pp. 210-16

114. Stillingfteet. Discourse Concerning the Unreasonableness of A New Separation. p. 30.

115. Atwood. Fundamental Constitution. p. 3; Brief Vindication. preface; Sherlock. Vindication. p. 16.

116. Claridge. Second Defence. pp. 22-3. 117. Enquiry Into The Nature and Obligation of Legal Rights. pp. 15. 22. 118. Sherlock. Case of Allegiance . .. Stated. p. 5. 119. Ibid .• pp. 9. 17-18. 120. Sherlock, Their Present Majesties Government. pp. 7. 15. 121. Jenkin, Title of a Thorough Settlement. p. 71; Johnson. Remarks Upon Dr

Sherlock's Book, p. 33; Some Modest Remarks On Dr Sherlocks New Book, p. 3; Sherlock. Vindication. pp. 69-70; Sherlock. Their Present Majesties Government. pp. 17.24-5; Fullwood, Agreement Betwixt the Present and the Former Government. p. 64; Browne. Answer to Dr Sherlock's Case of Allegiance. p. 3.

122. Wagstaffe. Answer to a late Pamphlet. pp. 17-18; Proteus Ecclesiasticus. p. 9; Jenkin. Title of a Thorough Settlement. pp. 7. 17.48; Collier. Animadversions. p. 1.

123. Wagstaffe. Answer to a late Pamphlet, p. 5. 124. Letter Which was sent to the Author. p. 23. 125. Opinion of two eminent Parliament-Men, p. 34; Bohun. Doctrine of Non-

Resistance, p. 31; M. D .• English Loyalty, p. 1. 126. Some Modest Remarks On Dr Sherlocks New Book. p. 4. 127. C. Blount. King William and Queen Mary Conquerors. pp. 35. 41. 128. Trimming Court-Divine. p. 10. 129. Defoe. Advantages of the Present Settlement, p. 20. 130. William Lloyd, Bishop of St Asaph, was one of the defendants in the trial

of the Seven Bishops in 1688 and, unlike Sherlock. was committed to the Revolution settlement from the beginning.

131. Sherlock, Case of Allegiance . .. Stated, p. 48; Sherlock. Their Present Majesties Government, p. 9; Lloyd. Discourse. p. 51; Jenkin. Title of a Thorough Settlement. p. 6; Wagstaffe, Answer to a late Pamphlet. pp. 20-21.

132. Ghest, Impartial Disquisition, p. 8. Some, of course. like Jeremy Collier, would make no concession to the passage of time, however long. Collier maintained that 'he who is an intruder at first. must (provided the right owners are known) be an usurper ever after'. Collier. Animadversions. p. 3.

133. Letter Writ by a Clergy-Man. p. 10; Jenkin, Title of a Thorough Settlement. p. 20-1; Wagstaffe. Answer to a late Pamphlet, p. 27. Defoe. based on his reading of Scripture, reckoned that four hundred years, although not necessarily the minimum required, would certainly be enough time to establish a right of prescription. Defoe, Reflections Upon the Late Great Revolution. p.2.

134. Sherlock, Vindication, p. 16. 135. Atwood. Fundamental Constitution, p. U5. 136. Stillingfteet. Discourse Concerning the Unreasonableness of A New Separa

tion, pp. 15. 19,21; Masters, Case of Allegiance, p. 23; Brief Vindication. p. 39; Enquiry Into The Nature and Obligation of Legal Rights. p. 43.

137. Lords and Commons Reasons, p. 1.

Notes to pp. 216-23 301

138. Brief Vindication, p. 40; Fullwood, Agreement Betwixt the Present and the Former Government, p. 29.

139. Defoe, Reflections Upon the Late Great Revolution, p. 62; Doctrine of Passive Obedience and Jure Divino Disproved, p. 2. See, too, Enquiry Into the Nature and Obligation of Legal Rights, p. 42, for the Hobbesian argument that 'No meer human laws, nor human authority can oblige in cases of extream necessity.'

140. Some Modest Remarks On Dr Sherlocks New Book, p. 4; Fullwood, Agreement Betwixt the Present and the Former Government, pp. 44-5; Enquiry Into The Nature and Obligation of Legal Rights, pp. 12, 39-40, 49; Sherlock, Their Present Majesties Government, p. 27.

141. Fullwood, Agreement Betwixt the Present and the Former Government, p.46.

142. Some Considerations Touching Succession And Allegiance, p. 5; Fullwood, Agreement Betwixt the Present and the Former Government, p. 11; Atwood, Fundamental Constitution, pp. 77-8.

143. Letter From A Lawyer in the Countrey, pp. 2-3; Atwood, Fundamental Constitution, pp. 78-9; Johnson, Argument Proving, p. 29.

144. Sherlock, Their Present Majesties Government, p. 9. 145. Browne, Answer to Dr Sherlock's Case of Allegiance, p. 23. 146. Fullwood, Agreement Betwixt the Present and the Former Government,

p. 25; Atwood, Fundamental Constitution, p. 3. 147. Maurice, Lawfulness of Taking the New Oaths Asserted, p. 11. 148. Sherlock, Case of Allegiance . .. Stated, p. 45; Atwood, Fundamental

Constitution. p. 92; Allegations in behalf of the High and Mighty Princess, p. 3; Claridge. Defence of the Present Government, p. 3.

9 A Rightful and Lawful King and Queen (pp. 219-49)

1. Maurice, Lawfulness of Taking the New Oaths Asserted, p. 3. 2. Letter Writ by a Clergy-Man, p. 11; Letter from A French Lawyer, p. 14. 3. 1 Gul. & Mar. sess.2, cap.2. SR. VI, p. 144. 4. Brief Vindication, preface. 5. Johnson, Argument Proving, p. 3; Bohun. Doctrine of Non-Resistance, p. 10. 6. Defoe. Reflections Upon the Late Great Revolution, p. 50. 7. Brief Vindication. p. 58. 8. Defoe. Advantages of the Present Settlement, p. 26; Justification of the Whole

Proceedings, pp. 20-1; Blount. King William and Queen Mary Conquerors. p. 2; Maurice, Lawfulness of Taking the New Oaths Asserted, p. 3.

9. Enquiry Into The Nature and Obligation of Legal Rights. p. 58. See too Masters. Case of Allegiance. p. 24.

10. Defoe. Reflections Upon the Late Great Revolution, p. 50. 11. Collier. Animadversions. p. 6. 12. Grey, Debates, vol. IX, pp. 237-9. 13. There is a useful account of these proceedings in Horwitz, Parliament, Policy

and Politics. pp. 28-36. 14. Grey, Debates. vol. IX. p. 237. 15. Ibid .• pp. 237-41.


16. Ibid., p. 241. 17. Ibid., p. 345. 18. Burnet, History, vol. IV, p. 28. 19. Grey, Debates, vol. IX, p. 241. 20. SR, vol. VI, p. 144. 21. SR, vol. VI, p. 156. 22. Grey, Debates, vol. X, p. 46. 23. Ibid., p. 47. 24. Ibid., pp. 297-8. 25. Atwood, Proposals for Printing the Fundamental Constitution, p. 2. 26. U, vol. XV, p. 683; Chandler, History and Proceedings Of The House

of Commons, vol. III, pp. 22, 24; Torbuck, Collection of Parliamentary Debates, vol. III, pp. 61-3; PH, vol. V, pp. 989, 991-2; Ralph, History, vol. I, pp. 632-3, Burnet, History, vol. IV, p. 306.

27. Burnet and Ralph agree that fifteen lords refused to sign the association, but disagree as to the number in the Commons. Burnet puts the number at 80, Ralph at 92. Burnet, History, vol. IV; Ralph, History, vol. I, p. 654.

28. Torbuck, Collection of Parliamentary Debates, vol. III, p. 64; 7 & 8 W.III, c.27 ('An Act for the better Security of His Majesties Royal Person and Government'). SR, vol. VII, p. 114.

29. SR, vol. III, p. 116; U, vol. XV, p. 746. 30. Burnet, History, vol. IV, p. 307. 31. SR, vol. VII, p. 117. 32. Defoe, Argument Shewing, pp. 8, 13; Defoe, Succession to the Crown,

pp. 6, 20; Schonhorn, Defoe's Politics, pp. 74-5. 33. Animadversions On The Succession, p. 8. 34. Defoe, Argument Shewing, p. 13. 35. Defoe, Succession to the Crown, pp. 16-17, 19. 36. Ibid., p. 4; Defoe, Argument Shewing, p. 15. In Defoe's opinion the same

disability did not attach to the late Duke of Monmouth's son. If, as he suggested, parliament undertook its responsibility to inquire into the possibility that Monmouth might actually have been the legitimate son of Charles II and determined that he had been, there would be, to Defoe's mind, an easy solution to the succession question: upon William's death James, Earl of Dalkeith, would inherit the throne. Defoe, Succession to the Crown, pp. 9, 28; Schonhorn, Defoe's Politics, p. 72.

37. The fear of a commonwealth plot lurking behind the failure in 1689 to provide for the succession beyond the issue of Mary, Anne, and William, never quite died away. One writer who was not much troubled by that possibility, acknowledged none the less that there were those afraid that 'when our present settlement is run out, a common-wealth may be set up.' Stepney, Essay upon the Present Interest, in Somers Tracts, vol. XI, p. 209. Also see Horwitz, Parliament, Policy and Politics, p. 277. There was also concern that the death of Gloucester would encourage support for 'the pretended Prince of Wales' to follow William and Anne in the succession. Burnet, History, vol. IV, p. 501.

38. L1, vol. XVI, p. 594; PH, vol. V, p. 1233; Torbuck, Collection of Parliamentary Debates, vol. III, p. 141; Chandler, History and Proceedings of the House of Commons, vol. III, p. 127.

Notes to pp. 228-33 303

39. Animadversions On the Succession, p. 30. 40. Drake, History of the Lost Parliament, p. 28. 41. Stepney, Essay upon the Present Interest, p. 209. 42. Timberland, History and Proceedings of The House of Lords, vol. II, p. 19. 43. PH, vol. V, p. 1237; Torbuck, Collection of Parliamentary Debates, vol. Ill,

p. 145; Chandler, History and Proceedings of the House of Commons, vol. m, pp. 129-30; Horwitz, Parliament, Policy and Politics, p. 283.

44. PH, vol. V, p. 1237; Torbuck, Collection of Parliamentary Debates, vol. Ill, p. 147.

45. SR, vol. VII, p. 637. 46. U, vol. XVI, pp. 699, 738-9; PH, vol. V, p. 1294; Chandler, History and

Proceedings of the House of Commons, vol. m, p. 161. 47. Grey, Debates, vol. IX, pp. 237-8. 48. SR, vol. VI, p. 144. 49. It is reasonably certain that no one at the time wanted to entertain the pos

sibility of the crown descending to one of William's collateral heirs, especially as it could conceivably have been someone with no connection to the Stuart royal line.

50. Blackstone, Commentaries, vol. I, p. 209. 51. U, vC>1. XVII, p. 6; PH, vol. V, p. 1330. 52. U, vol. XVII, p. 8; PH, vol. V, p. 1332; Torbuck, Collection of Parlia

mentary Debates, vol. m, p. 233. 53. PH, vol. V, pp. 1332-3; Torbuck, Collection of Parliamentary Debates, vol.

m, p. 234. 54. 13 & 14 WiI.m, c.3. SR, vol. VII, p. 739. 55. The Commons' bill had been amended by the Lords to include the queen in

the attainder, but after the Commons pushed its insistence that it was dangerous to attaint someone of treason by an amendment, the Lords' amendment was dropped. The Lords then passed a separate bill for the attainder of the queen, 'but that was let sleep in the house of commons.' LI, vol. XVII, pp. 20, 22, 28, 31, 33-4; Burnet, History, vol. IV, pp. 548-9; PH, vol. V, p. 1334.

56. Thomson, 'Safeguarding of the Protestant Succession,' pp. 240-2. 57. 13 & 14 Will.m, c.6 ('An Act for the further Security of His Majesties

Person and the Succession of the Crown in the Protestant Line and for extinguishing the Hopes of the pretended Prince of Wales and all othr Pretenders and their open and secret Abettors'). SR. vol. VII, p. 747.

58. Burnet, History, vol. IV. pp. 550-1; Horwitz, Parliament, Policy and Politics, p. 301.

59. Burnet. History, vol. V, pp. 11-12. 60. U, vol. XVII, p. 63; Torbuck, Collection of Parliamentary Debates, vol. m,

p.243. 61. Chandler, History and Proceedings of the House of Commons, vol. m,

p. 199; Torbuck, Collection of Parliamentary Debates, vol. m, p. 242. 62. U, vol. xvn, p. 63. 63. Sacheverell, Defence of Her Majesty's Title, p. 10. 64. ToJand, Reasons for Addressing His Majesty, pp. 5-6, 15-16. 65. Ibid., p. 15; Leslie, Wolf Stript, p. 57. 66. Burnet, History, vol. IV, pp. 553-4.


67. SR, vol. VII, p. 750. In May 1702, shortly after Anne's accession, a resolution of the Lords declared the rumour to be groundless. Timberland, History and Proceedings of the House of Lords, vol. II, pp. 36-7; Torbuck, Collection of Parliamentary Debates, vol. III, pp. 247-8.

68. Horwitz, Parliament, Policy and Politics, p. 303. 69. G. Holmes, British Politics In The Age of Anne, p. 114. Also see Burnet,

History, vol. V, pp. 231-3. 70.. 4 & 5 Anne, c.20. SR, vol. VIII, pp. 498-501. 71. Ibid., p. 498. 72. Speck, 'Anonymous Parliamentary Diary,' p. 57; Holmes, British Politics in

the Age of Anne, p. 91. 73. Atwood, Superiority and Direct Dominion, pp. 304, 386, 405-6, 476, 574. 74. Ibid., p. 486. 75. Treason Unmask'd, p. 242; Parliamentary Right Maintain'd, p. 63. 76. Coke, 4 Reports, p. 18; Impudent Babbler Baffled, p. 15. 77. Impudent Babbler Baffled, pp. 13,26; Leslie, Constitution, Laws and Gov

ernment, pp. 75, 87. 78. Impudent Babbler Baffled, pp. 6, 11-12, 18; Old English Constitution,

pp. 14-15. 79. Barrington, Revolution and Anti-Revolution Principles, p. 75. 80. Harbin, Hereditary Right of the Crown, p. 185. 81. Ibid., pp. 1, 12-13. Also see English Constitution Fully Stated, pp. 38, 41;

Old English Constitution, pp. 7-8. 82. Others advanced the same analysis, Charles Leslie making the point that

Richard Ill's bastardising of his nephews provided perhaps the most compelling evidence of the value of an hereditary title. Leslie, Constitution. Laws and Government, p. 28. See, however, another writer who believed that Gloucester· had done no service whatever for the cause of hereditary monarchy. In rendering a somewhat more biting and sarcastic view of Richard's actions, he concluded that Richard was so fond of hereditary right that he murdered his nephews, 'bastardiz'd all his family, and made a whore of his mother to make himself a claim by it.' British Liberty Asserted, p. 47.

83. Higden rehearsed thirteen kings within this span who did not have hereditary titles and only six who did. Higden, View of the English Constitution, p. 1; British Liberty Asserted, p. 43.

·84. Higden, View of the English Constitution, p. 2; Harbin, Hereditary Right of the Crown, p. 19.

85. Leslie, Constitution, Laws and Government of England, pp. 4, 30, 82; Harbin, Hereditary Right of the Crown, p. 10.

86. Leslie, Constitution. Laws and Government, p. 21; Harbin, Hereditary Right of the Crown, p. 5; English Constitution Fully Stated, p. 75.

87. Higden restricted himself to explaining why Charles II, out of possession of the throne from 1649 to 1660 was still the lawful king: 'tho' he was not in possession, yet there was no king in possession against him'. Higden, Defence of the View, pp. 107, 118. What was necessary for Higden's model to be applied was that a king be 'possess'd of the throne and recognised therein by the States. Now this was not Oliver's case. He took not the title of King, but of Protector.' Sort of An Answer, p. 9.

88. Higden, View of the English Constitution, pp. 68-9. Leslie, in his attack on

Notes to pp. 239-44 30S

Higden, picked up on this, noting that if Higden's point was that Jane Grey could not properly be regarded as queen because 'she had no recognition by Act of Parliament, then it seems ther is something else needed besides possession to give a right.' Leslie, Constitution, Laws and Government, p. 32.

89. Higden, Defence of the View, p. 8. 90. Harbin, Hereditary Right of the Crown, p. 250. 91. Higden, View of the English Constitution, pp. 75, 86-7. 92. Ibid., p. 74. 93. Higden, Defence of the View, preface, p. 11. Higden's defenders made the

same point in support of his argument: 'we say that ours is an hereditary monarchy, but yet that the succession to it is disposeable by the law of the land.' Sort of An Answer, p. 33.

94. Treason Unmask'd, pp. 226, 227, 236, 251: Asgill, Succession of the House of Hannover, pp. 10-11: Asgill, Assertion Is, p. 26: Asgill, Pretender's Declaration, p. 19.

95. British Liberty Asserted, pp. 46, 48, 54. Another pamphleteer, one who did not regilrd the circumstances of the Pretender's birth as irrelevant, but who believed that the imposture would be impossible to prove, also regarded Anne's title, like William and Mary's, as 'a legal, Revolution and Parliamentary one.' Queries to the New Hereditary Right-Men, p. 5.

96. Queries to the New Hereditary Right-Men, p. I: British Liberty Asserted, p. 8. Also see Leslie, Battle Royal, p. 195.

97. Parliamentary Right Maintain'd, pp. 237-8, 258. 98. Defoe, Reasons Against the Succession, p. 32. 99. Parliamentary Right Maintain'd, p. 241.

100. Report From the Committee of Secrecy, pp. 134-5. 101. Leslie, Constitution, Laws and Government, pp. 6, 20, 33, 88; Harbin,

Hereditary Right of the Crown, pp. 2, 11, 13-14: Treason Unmask'd, p. 17. 102. Leslie, Constitution,Laws and Government, p .. 18: Higden, Defence of the

View, p. 174: Old English Constitution, pp. 3, 22-3. The anonymous author of English Constitution Fully Stated considered hereditary monarchy to be the norm when the body politic was healthy and past interruptions in the hereditary line as intermittent afflictions of 'disease' and 'distemper,' pp. 6-7. In this same vein Old English Constitution characterised lane Grey's nineday reign as a 'quotidian ague', p. 8.

103. Leslie, Constitution, Laws and Government, pp. 35-6. 104. Tory legitimists were not the only ones attracted to this idea. See Asgill,

Assertion Is, p. 27; Treason Unmask'd, p. 126. 105. Harbin, Hereditary Right of the Crown, pp. 22-3. 106. Barrington, Revolution and Anti-Revolution Principles, p. 50. 107. Nottingham University Library, Portland MS Pw2 Hy 1039, p. 11. 108. Hoadly, Jacobite's Hopes Reviv'd, p. 9. 109. Ibid., pp. 8, 11, 13, 16. Leslie, in several tracts, took specific issue with

Hoadly, denying that 'the Queen came in upon the Revolution foot: and arguing that the Revolution was not founded on resistance, but rather on 'abdication ... a free and voluntary renouncing of the crown.' Leslie, Best Answer, pp. 3-4: Leslie, Best of All, p. 15: Leslie, Good Old Cause, p. 7.

110. Defoe, Reasons Against the Succession, p. 31: Defoe, Answer To A Question, pp. 13-14.

306 Notes to pp. 244-52

111. Macaulay, History, vol. nI, p. 1310. 112. Drake, History of the Last Parliament, pp. 130-1. 113. Higden, View of the English Constitution, p. 86; British Liberty Asserted,

p.43. 114. Leslie, Finishing Stroke, p. 87. 115. Leslie, Constitution, Laws and Government, p. 59. II6. Leslie, Battle Royal, p. 168. II7. Leslie, Constitution, Laws and Government, p. 57; Leslie, Battle Royal,

p.196. 118. Barrington, Revolution and Anti-Revolution Principles, p. 12. Hoadly spoke

to this issue as well, attempting to persuade his readers that 'a man may plead for the rights of a whole people, without pleading for the Mob; and that the principles of national liberty, are not mob-principles.' Hoadly, Jacobite's Hopes Reviv'd, p. 12.

119. Treason Unmask'd, p. 4. 120. Memorials on Both Sides, p. 74. 121. One of the practical arguments in favour of the Hanoverian succession

was that it was 'the only way to fix a real balance of power, no less than to preserve all our liberties against univeral monarchy.' Toland, Art of Restoring, iii.

122. Defoe, Answer To A Question, p. 26; Defoe, Reasons Against the Succes-sion, pp. 27, 29; Parliamentary Right Maintain'd, p. 261.

123. Defoe, Reasons Against the Succession, pp. 5-7. 124. Defoe, Answer To A Question, p. 30. 125. 1 Jac.I. c.l, SR, vol. IV, p. 1018. 126. Defoe, And What if the Pretender should come?, p. 7; Defoe, Reasons Against

the Succession, pp. 9-11, 18. 127. Defoe, Reasons Against the Succession, p. 12; Parliamentary Right Main

tain'd, p. 256; Hatton, George I, pp. 106-10; Shennan, 'Protestant Succession in English Politics,' pp. 256, 259.

128. Toland, Art of Restoring, p. 2. Toland reckoned that the Hanoverians were more likely than the Stuart Pretender to govern by law because as monarchs created by law, they would be more dependent upon it. Toland, Grand Mystery Laid Open, p. 31.

129. Leslie, Battle Royal, p. 138; Parliamentary Right Maintain'd, preface. 130. Blackstone, Commentaries, vol. I, p. 188.

Conclusion: The Persistence of Fiction (pp. 250-58)

I. Morgan, Inventing the People, p. 13. 2. Ibid., p. 14. 3. Craig, Right of Succession, p. 127. 4. Smith, De Republica Anglorum, p. 49. 5. Nenner, By Colour of Law, p. 21 and chapter 1, passim. It has been sug

gested by J. W. Gough that Coke's pronouncements, on their face contradictory, are reconcilable once it is appreciated that parliamentary sovereignty to Coke meant judicial and not legislative sovereignty. 'Parliament had the last word ... because as the highest court there was no appeal against its supreme authority.' Gough, Fundamental Law, pp. 42-3.


6. For the context and impact of the wanning-pan fable, see Speck, 'Orangist Conspiracy' and Weil, 'Politics of Legitimacy.'

7. Even so, divine right and hereditary monarchy remained powerful intellectual arguments through the first half of the eighteenth century. In this regard see Clark, English Society, ch. 3, 'The Survival of the Dynastic Idiom.'

8. Nenner, By Colour of Law, especially chapters 3 and 4. By his use of the dispensing power James II was alleged to have 'overthrown the whole legislative part of the government, and subverted the very fundamental constitution of the realm'. Brief Justification, p. 140. See, too, Nenner, 'Liberty, Law, and Property,' pp. 100-5.

9. See, for example, a timely second edition of one of the polemical attacks on Harbin's Hereditary Right of the Crown. In it the anonymous author reaches into the arsenal of authority for parliament's right to settle the succession and cites, yet again, Thomas More's allegedly conceding to Richard Rich that 'parliament cou'd make, and depose a king as they thought fit'. Revolution and Anti-Revolution Principles, p. 74.

10. Parliamentary Right Maintain'd, sect. 3, pp. 235-62. 11. Brief Justification, p. 135. 12. Essay Upon the Original and Designe of Magistracie, p. 3. See, also, 'Nenner,

Liberty, Law, and Property,' p. 99. 13. Clark, English Society, pp. 132-3. 14. Charles I, Eikon Basilike, p. 167. 15. Treason Unmask'd, p. 228. 16. Ibid. 17. Blackstone, Commentaries, vol. I, p. 211. 18. Ibid. See, too, Jacob, Law-Dictionary, entry for 'King.' 19. Ibid., p. 184. 20. Treason Unmask'd, p. 228.

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Index

Abdication, 69, 163, 167, 174-5, 176-7, 190, 191, 192,294n

Absolutism, 7, 12, 31, 117, 155,202, 26Oo,276n

see alsf) tyranny Acts of Parliament

Abjuration Act (1702), 232, 233 Act of Association (1584), 15, 42 Act for the Attainder of the

Pretended Prince of Wales (1702),231

Act of Recognition (1603), 61-2, 95, 110, 133, 236, 239, 251, 2590, 273n, 274n

Act of Recognition (1690), 224 Act of Security (Scotland) (1704),

234 Act of Settlement (1701), 5, 10,

218, 223, 226, 229-30, 231, 232, 234, 235, 237, 244, 247, 256

Act of Union (1707), 240 Aliens Act (1705), 234 Bill of Rights (1689), 5, 108, 168,

177, 181-2, 185, 204, 220, 222-4,225,229,230,231,232, 237

Instrument of Government (1653), 82, 83, 84, 85

Regency Act (1706),234-5,237 Statute of Wills (1540), 46, 118 Succession Acts (1534), 53; (1536),

38; (1544), 4, 14; 16, 38, 39, 239,2600

Test Acts (1673 and 1678), 102, 151

Triennial Act (1667), 147 Treasons Act (1571), 4, 13, 15, 41,

112, 133-5, 145, 192, 198, 235, 236,237,252,287-8n

Alienage, 8, 64-5, 184 Allegiance

controversy (post-Revolution), 75, 174, 188, 193, 200, 207, 215

in consideration of protection, 12, 165, 212, 213

Ancient constitution, 93, 110, 175, 236,250-1

Anjou, Duke of, 18 Anne, Queen, 10, 147,203,232-3,

240,244 defers right of succession, 181,

221,242 death, 248, 256

Anne of Denmark, 59 Anny, Remonstrance of, 11, 69-70 Ascham, Anthony, 76, 77, 78, 79,

190-91 Ashe, John, 88 Assheton, William, 8, 99, 112, 137 Atwood, William, 196, 199, 215, 225,

235-6,239

Bacon, Francis, 3 Bastardy, 37-9, 45, 141, 272n Beaufort, Margaret, 65, 221 Belasyse, Thomas, 90 Birch, John, 146 Blackstone, William, 185,248-9

Commentaries on the Laws of England, 230, 257

Blood royal, 34, 45, 62, 64, 86, 124, 193

Blount, Charles, 141-2, 186,200, 203,213

King William and Queen Mary Conquerors. 225

Bohun.fkhnund, 178.201,202 Bonner, Edmund, 47 Booth, Henry, 104, 108, 111. 115,

116-17, 131 Bracton, Henry of, 98 Bradshaw. John, 83, 137 Bradshaw. Richard, 86 Brady, Robert, 107, 110, Ill, 112,

114, 115, 124-5, 130, 132 True and Exact History of the

Succession 0/ the Crown, 124

335

336 Index

Breda, Declaration of, 93 Brooke, Henry, 63 Bruce, John, 17 Brydall, John, 110 Burghley, Lord, see Cecil, William Burnet, Gilbert, 101, 127, 143, 145,

179,201-2,208,223,232 History of His Own Time, 179 Pastoral Letter, 225

Calvin's Case, 9, 63-4, 193,236, 274n

Camden, William, 18, 28, 38 Capel, Sir Henry, 127, 128, 129 Catherine of Braganza, 96, 101, 138 Catholics

barred from the succession, 10, 168-9, 175, 227-8

respect for law, 100, 102, 103, 120, 175

Cecil, Robert, 17,23-4,25,60, 265n, 266n

Cecil, William, 23, 28, 42, 265n Charles I, 4, 64, 65-6, 81, 191, 257

trial and execution, 11, 68-70, 78 Charles n, Ill, 147

as Prince of Wales, 68-9, 72 restored to the throne, 95 and Exclusion, 100, 113, 120-1 and Monmouth, 96-8

Chidley, Samuel, 87 Churchill, John, Duke of

Marlborough, 181,235 Clapham, John, 17, 42 Clarendon, Earl of, see Hyde, Edward Clarges, Sir Thomas, 224 Clarke, . William, 63 Cobham, Baron, see Brooke, Henry Coke, Sir Edward, 9, 63-4, 109, 123,

125, 193, 194,236,252 Collateral heirs, 41, 171, 173 Collier, Jeremy, 187,200,222 Comber, Thomas, 122, 125, 134, 185 Conquest, 1, 4, 7, 26. 31. 46. 47-51,

73.78-9, 80. 130-1. 132. 157-9. 185. 186, 200-5. 225. 261n, 27On, 271n

see also usurpation Constable. Henry. 27. 34

Cook, John. 70 Cooper. Anthony Ashley, 101. 109,

122. 129, 143, 147 Coronation. 9. 31. 62-4. 111, 274n Coventry, Henry, 126 Craig. Sir Thomas, 19. 27. 29, 30,

31-2. 35. 43. 122. 166. 187. 188,236

on alien inheritance. 58 on bastardy. 38-9 on conquest, 49. 50 on election, 43 on female rule. 36-7 on nomination. 20. 45. 47. 270n on prescription. 51-2, 53-4 on trust. 47 The Right of Succession to the

Kingdom of England, 23 Cromwell. Henry. 87, 88. 89,90.

91-2 Cromwell. Oliver, 68. 72. 130, 211.

214, 238, 256 as Protector, 75. 82-3, 84 and revival of monarchy, 73-4, 75 as candidate for the crown, 82-90 nomination of his successor, 90,

92. 279n death. 90, 91. 111

Cromwell. Richard. 82. 87, 90-1, 92. 93

Crown cures all defects. 38. 80. 97.

107-8. 115. 139. 143, 209 distinguished from king, 9. 32, 89.

193. 194. 195 possession of as measure of right,

9, 77-9, 186. 205, 207, 208, 209, 210-11. 212, 214, 238

as property. 46-7. 136 see also king; monarchy

Dalrymple. Sir John. 182 Declaration of Rights, see Acts of

Parliament: Bill of Rights De facto government, 75. 78. 79

see also monarchy: de facto Defoe, Daniel. 192, 195. 214. 221.

227.228,240,244.246.247 Derby. Earl of. see Stanley. William

Index 337

Desborough, John, 89 Designation theory, 136, 145, 197,

237 de Vere, Elizabeth, 24 Devereux, Robert, 24, 25, 36, 265n Digges, Thomas, 42 Divine Right, see monarchy Dr Bonham's Case, 252 Doleman, R., see Parsons, Robert Downing, Calybute, 66, 79 Downing, George, 88 Drake, James, 244 Dudley, John, 27 Dunham, William, Jr, 4, 5 Dury, John, 76

Edward I, 2, 35, 106 Edward II, 2, 259n Edward III, 2, 4, 30, 259n. Edward IV, 2, 3, 4, 49 Edward VI, 4, 20, 44, 57, 251 Edward VIII, 6 Egerton, Sir Thomas, Baron

Ellesmere, 9 Election, right of

and Charles I, 69-70 as consent rather than choice, 196,

203 and designation theory, 197, 237 disadvantages, 43-4, 67, 82, 86,

122, 125, 161, 167 and Elizabeth I, 42 and Exclusion, 102, 104-6, 121,

282n and Henry IV, 26 and King John, 2 and William and Mary, 156, 160,

163, 177, 182, 189, 196, 197-9 see also monarchy: elective

Elizabeth I, 3, 4, 10, 18, 28, 29, 36, 41, 102

and bastardy, 27, 38, 39, 97, 134, 269n, 289n

right to the throne, 27, 38, 53-4, 260n nomination of successor, 17,

18-19,20,21, 24, 44~7, 90-1, 263n

death, 13, 20-1, 263n Treasons Act, see Acts of Parliament

Elizabeth II, ix, 5 Elizabeth of York, 3, 50, 132, 179,

221-2,259n Engagement Debate (1649-52), 12,

75-81, 190 Enquiry Into the Nature and

Obligation of Legal Rights, An, 188, 201, 221

Essex, Earl of, see Devereux, Robert Evelyn, John, 166, 182 Exclusion, 5, 8, 10,40,56, 98, 99,

100-19, 120-46, 147-8, 149-50, 167, 168, 189

alternatives to, 100-1, 128-9, 142

and common law, 114-15 and election, 131 and threat of civil war, 126-8, 139,

141, 143-5, 150 and threat of a republic, 129-30

Famese, Edward, 24 Fauconberg, Lord, see Belasyse,

Thomas Fell, John, 92-3 Ferguson, Robert, 89, 161 Filmer, Robert, 13,245

Patriarcha, 161 Finch, Daniel, second Earl of

Nottingham, 99, 102, 112, 113, 133, 148, 156, 163-4, 165, 175, 176, 177

Finch, Heneage, Lord Chancellor, first Earl of Nottingham, 100, 102, 145

Firth, C. H., 87 Fitzroy, Henry, Duke of Richmond,

38,45,97 Fleetwood, Charles, 89, 90 Foley, Paul, 164 Fullwood, Francis, 184, 208-9, 216 Fundamental law, 8, 10, 33, 93, 110,

112-14, 121, 145, 146, 185, 191, 196, 197, 216, 217, 226, 240,241,250,252, 255-6, 285n

Gardiner, s. R., 74 Gargrave, Thomas, 18

338 Index

Garland, Augustus, 84 George I, 5, 230, 233, 248. 255 Gloucester. Duke of, son of Charles I.

see Henry. Duke of Gloucester Gloucester, Duke of, son of Queen

Anne. see William. Duke of Gloucester

Glynne. John, 89 Goddard, Guibon. 83 Godden v. Hales, 151 Godolphin, Charles, 222 Goodrick, Sir Henry, 223 Grey, Catherine, 16, 56, 261n, 272n Grey, Lady Jane, 4, 27. 29. 61, 103,

110, 238-9, 251 Grey, Mary, 268n Grotius, Hugo

De Jure Belli ac Pacis, 201

Hale, Sir Matthew, 202 Halifax, Marquis of, see Savile, Sir

George Hall. John, 75 Hampden, John, 102, 120 Hampden, Richard, 164 Hanover, see George I; Sophia,

Electress of Hanover Harbin, George, 237-8, 239, 241,

242 Harington. Sir John. 18, 19. 32, 44,

58 Harley, Edward, 155 Haselrigge, Sir Arthur, 92 Haversham, Lord, see Thompson, Sir

John Hawles, Sir John, 223 Hayward, Sir John, 28, 30. 33, 35,

45, 48, 50, 63 Henry I, 49, 259n Henry II, 45, 259n Henry III, I, 2, 106 Henry IV, I, 2,4,26, 29, 37, 47-8,

49-50, 131, 132, 213 Henry VI. 2, 29, 108 Henry VII, 15, 259n

and bastardy, 37 claim to the throne, 3, 4, 38, 65,

132, 179,221 and conquest, 2. 49, 131-2

coronation, 62 and election, 50 and treason, 27, 38, 108

Henry VIII, 3, 4, 22, 27, 29, 36, 90, 97, 125

and bastardy, 38, 39 and nomination, 20, 44 and prescription, 53 his will, 4, 13, 14, 16, 22. 38. 47.

58, 251, 260n, 272n Succession statutes, see Acts of

Parliament Henry. Duke of Gloucester, 68-9, 74,

232 Henry, Prince of Wales, son of James

I, 30-1, 64. 274n Herbert, Thomas. 165, 173, 174 Hereditary succession, I, 2. 3, 4. 6,

10, 26.55-6, 106, 148, 165-6, 173, 184, 220

advantages of, 8, 28, 29, 30. 82. 104, 109, 122, 124, 140, 141, 161, 166-7

disadvantages of, 27, 80-1, 87, 108, 131, 214, 257

indefeasible right of, 6, 7, 8, 10. 16, 20, 23, 33, 35, 72-3, 93. 95, 96, 98, 110, 111, 112, 114, 115, 116, 119. 121. 123. 126. 138. 140, 146. 148. 168-70. 173. 184, 185, 204, 211, 212, 216, 236,241,242,249, 251, 252, 255-6,260n

as rebuttable presumption. 5, 10, 27, 33, 34, 35, 55, 104, 133, 135,140,216,240,252

see also succession Hickes, George. 200, 205 Higden, William, 238, 239, 241, 242,

244 Defence of the View of the English

Constitution, 240 Hirst, Derek, 91 Hoadly, Benjamin. 243. 245 Hobbes, Thomas, 12, 121-2, 130,

199, 207, 211, 213 Leviathan, 76

Holmes, Geoffrey. 235 Hooke, Henry, 20, 28, 37,43

Index 339

Hooker, Richard Laws of Ecclesiastical Polity, 196

Howard, Sir Robert, 160, 169 Humble Petition and Advice, 88-90 Hume, David, 250 Hunt, Thomas, 100, 116, 128, 130,

135, 136, 137-8 Hyde, Anne, 153 Hyde, Edward, 101 Hyde, Laurence, 113

Interregnum, 9, 33, 42-3, 64, 111, 164, 216-17

see also king: never dies Isabella, Spanish Infanta, 17, 23, 55,

58, 261n, 264n

Jacobites, 6, 8, 66, 159, 168, 189, 213, 233, 234, 237, 243-4, 248, 254, 256, 257

James 1,4,9, 13, 16,29, 30-31,265n as alien, 32, 57, 108, 266n, 272n .and bastardy, 58-9 and conquest, 51 and election, 59-60 and indefeasible right, 8, 15, 22,

28, 31, 51, 60-62 and Mary Stuart's treason, 15 possible claims to the throne, 16,

17,236 qualities for rule, 57, 59-60 and religion, 40, 59 secret correspondence, 24, 36, 50 Basilikon Doron, 28, 30, 60 Trew Law of Free Monarchies, 3,

28,31, 167 Act of Recognition, see Acts of

Parliament James n, 68, 147,205

presumptive heir, 96, 98, 115-16, 127

and indefeasibility, 148 as Catholic, 98, 100-1 and Popish Plot, 108-9 abdication, 215 demised in law, 190 death, 231, 232, 245

James, Prince of Wales, Pretender (James Ill), 6, 246, 254

birth, 151-2, 155, 156, 170, 171, 192,243

as Catholic, 168,234, 247-8 and indefeasible right, 241 recognized by Louis XIV, 231 right to the throne, 228, 247-8

Jenkin, Robert, 206, 214 Jenkins, Sir Leoline, 105, 113 John, King, I, 2, 6, 259n, 267n Johnson, Samuel

Julian the Apostate, 195 Jones, Sir William, 114, 115, 128,

143, 146, 149 Jonson, Ben, 18 Judson, Margaret, 77

Kantorowicz, Ernst, 8-9 Kenyon, J. P., 191 King

can do no wrong, II, 68, 108, 192, 253

never dies, 9, 32, 42, 64, 107, 111, 125, 162, 216, 250, 253; see also interregnum

time does not run against, 54, 214 two bodies, 8, 9, 32, 34,64, 107 see also crown; monarchy

Knight, Sir John, 100 Knox, John, 36

Lambert, John, 87, 89 Law, see fundamental law; private

law Lawrence, William, 114, 121, 125,

127, 136, 138-40, 141 Two Great Questions, 138

Lawson, George, 21-2, 93-4 Legge, George, 110 Leslie, Charles, 238, 241, 242,

244-5,248 Levine, Mortimer, 16 Littleton, Sir Thomas, 133, 142, 144 Lloyd, William, Bishop of St Asaph,

214 Discourse of God's Ways of

Disposing of Kingdoms, 225 Locke, John, 12, 207, 217

Two Treatises of Government, 199 Louis XIV, 213, 229, 231

340 Index

Macaulay, T. B., 157, 219, 244, 260n Mackenzie, Sir George, lOS, 107,

112, 125, 126, 130, 134 Maitland, F. W., 1-2 Marlborough, Duke of, see Churchill,

John Marten, Henry, 66 Mary I, 4, 27, 29, 36, 103, 110,

170-71, 180, 259-60n and bastardy, 27, 39, 97, 269n,

289n Mary n, 143-4, 148, lSI, 163, 180

see also William m and Mary II, joint monarchs

Mary of Modena, 231 Maxwell, John, 67 Maynard, Sir John, 169, 174 McIlwain, C. H., 23 Meres, Sir Thomas, 98 Monarchy

advantages of, 93 de facto, 2, 82, 186, 209, 210, 214,

233, 238, 239; see also de facto government

divine right, 7, 31, 33,45-6,68, 87, 100, 109, 110, 113, 114, 137, 138, 139-40, 154, 155, 167, 168, 169, 171, 173, 204, 205, 213, 214, 216, 232, 240, 242, 243, 245, 250-51

elective, 5, 7, 11, 12, 31, 34, 73, 81, 149-50, 186; see also election, right of; parliament: right to determine the succession; sovereignty: parliamentary

female, 36-7, 65, 81, 178-9, 295n

hereditary, see succession: hereditary

as legitimate government, 8, 82, 88, 92

limited, 84, 88, 89 as trust, II, 47, 67, 70, 92, 93,

197, 199,200 see also crown; king

Monmouth, Duke of, see Scott, James More, Sir Thomas, 251 Morgan, Edmund, 250 Morrice, Roger, 159, 162

Natural law, see fundamental law Neale, J. E., 16, 17, 36, 38 Necessity. 10, 11, 12,21,22,75-7,

135-6, 138, 168, 169, 184, 216, 217,231, 244, 257

see also reason of state; self-defence Nedham, Marchamont, 77, 78-9, 80 New History of the Succession, A, 193 Nomination, 4, 13,21,26,44-7,

60-61, 123, 124, 125, 285-6n Nonjurors, 163, 174, 191, 192, 194,

195, 200, 204, 205, 210, 212, 238

Non-resistance, see passive obedience Northumberland, Duke of, see

Dudley, John Northumberland, Earl of, see Percy,

Henry Nottingham, first Earl, see Finch,

Heneage Nottingham; second Earl, see Finch,

Daniel

Original contract, 165, 173, 175, 196, 197, 199,217,256.

Overall, John, Bishop of Norwich, 210-11, 212

Oxford Parliament, 98, 113, 129, 133, 144, 147, 149

Parker, Henry, 73, 76, 81 True Portraiture of the Kings of

England,73 Parliament

right to determine the succession, 1, 4, 5, II, 13, 14, 39, 41, 42, 89, 98, 112, 133-6, 149, 151, 155, 156, 189, 217, 228, 230, 232, 239; see also monarchy: elective; sovereignty: parliamentary

Parsons, Robert, 19, 31, 36, 55, 100, 137, 188, 261n

on alien inheritance, 58 on bastardy, 38, 39, 58 on conquest, 23, 50 on coronation, 63 on necessity and public good, 10,

33-4

Index 341

Parsons, Robert - continued on nomination, 20 on prescription, 52-3 on primogeniture, 30 on qualifications for rule, 35 on religion, 39-40 on rule of succession, 26, 28, 32, 40 on succession alterable by

parliament, 6, 41-2, 43, 70, 132-3

A Conference About the Next Succession to the Crowne of lngland, 23, 99, 108, 187, 220, 264n

Passive obedience, 22, 191, 193, 194, 195, 200, 201, 204, 212, 215, 254

Pelling, Edward, 99, 109 Pembroke, Earl of, see Herbert,

Thomas Pepys, Samuel, 96, 97 Percy, Henry, 31, 36, 51 Philip II, 179-80 Pollexfen, Henry, 162 Ponet, John, 47 Popish Plot, 100, 103, 108-9,

120-1, 138 Prescription, 26, 51-4, 79, 112, 185,

214,238 Primogeniture, 8, 30, 33, 82, 91, 110,

267n Private law

and succession, 27, 29, 32-3, 49, 54, 57-8, 105, 109, 117-18, 136, 153-4, 174, 177, 179, 201-2, 209, 221, 236

Protector, as office, 82-3, 89 Providence, 28, 41,45-6, 76, 109,

159, 185,204-7,208,213,224, 231,238

Public good, 6, 10, II, 12, 21, 33, 34, 75-6, 88, 91, 93-4, 104, 118, 136, 137, 138-40, 145-6, 149, 160-61, 169, 188, 193, 207,208, 212, 216, 217, 241, ~,245, 246,248, 253,256, 257

Pulteney, Sir William, 102, 103, 127, 143

Ralegh, Sir Walter, 63 Reason, 75-7, 139-40, 142, 146,

149, 169, 212, 214, 215-16 Reason of state, 136, 160, 184

see also necessity; self-defence Regency, 34. 35. 142-3, 144. 161-2,

164 Republic and republicanism. 66. 72,

138. 147, 162, 167, 197, 223. 261n,302n

Reresby, Sir John, 170 Resistance. right of. 4, 5. 9. 194, 196,

243, 254, 270n Revolution and Anti-Revolution

Principles Stated and Com par' d, 6

Rich, Sir Richard, 251 Richard I, 259n. 267n Richard n. 2. 26. 30, 37. 50 Richard m, 2, 3. 4. 15, 27. 35,

49-50, 304n Rochester, Earl of, see Hyde.

Laurence Rous. Francis. 76. 77. 78. 80 Rye House Plot, 147

Sacheverell, Henry, 233, 242. 243 Sacheverell, William, 98 Salic law, 8, 36, 153 Salus populi, see public good Savile. Sir George, 143. 194 Sawyer. Sir Robert. 224 Scott, James, 96-8. 141-2, 143. 144,

147. 150-51 Scott. Jonathan. 123 Self-defence, 137. 146, 285n

see also necessity; reason of state Settle, Blkanah. 137 Shaftesbury, Barl of, see Cooper,

Anthony Ashley Shakespeare, William

Henry IV, 259n King Lear, 117

Sherlock, William, 187, 189,238 on election, 161, 197, 203 on possession, 204, 208, 211 on prescription, 214-15 on providence, 205 on resistance, 191, 193, 217

342 Index

Sherlock, William - continued on settled government, 186,

210-12,214 on treason, 192-3

Sidney, Algernon, 123, 137, 147 Discourses Concerning

Government, 131 Skinner, Quentin, 76 Smith, Sir Thomas, 13,252 Some Modest Remarks On Dr

Sherlock's New Book About the Case of Allegiance, 213

Somers, John, 105, 107-8, 114, 119, 130, 131, 282n

Sophia, Electress of Hanover, 182, 223,229,235,244,248

Sovereignty parliamentary, 5, 7, 14, 82, 123,

145-6, 189, 239, 241, 242, 306n; see also monarchy: elective; parliament: right to detennine the succession

popular, 11, 103-4, 122, 160, 163, 196, 197, 198, 199, 237, 245, 246, 250

Stafford, Helen, 17 Stanley, William, 24 Stephen, King, 45, 259n, 271n Stillingfieet, Edward, 208, 209-10 Stuart, Arabella, 23, 24, 63, 64, 264n,

265n, 274n Stuart, Mary, Queen of Scots, 13, 14,

15, 16, 28, 42, 45, 57, 58, 102, 133, 134

Succession rule of, 1, 3-5,7-12, 13-14, 16,

Ill, 124, 185 unsettled and ambiguous, 17, 22,

23, 26, 30, 55, 90, 91, 98-9, 115, 157, 162, 173, 184, 186, 190, 208, 219

see also hereditary succession

Temple, Sir Richard, 162, 164 Thompson, Sir John, 242 Throne, see crown; vacant throne Throneworthiness, 105-6

disabilities, 8, 13, 34, 35, 39-40 Thurloe, John, 88, 89, 90, 91

Toland, John, 233 Treason, 9, 63, 143, 192-3, 195, 235,

237 by the king, 195 cured by accession to the throne, 8,

15, 38, 107-8 see also Acts of parliament:

Treasons Act Treby, Sir George, 170,229-30 Trust, see monarchy: as trust Tudor, Margaret, Queen of Scots, 14,

57,58 Tudor, Mary, Duchess of Suffolk, 14 Turner, Francis, Bishop of Ely, 148,

149, 176-7 Twysden, Sir Roger, I, 72, 78 Tyranny, 50-51, 70-71, 121, 192,

201, 271n, 276n see also absolutism

Usurpation, 49, 77, 126, 132,200, 204,210

see also conquest

Vacant throne, 161-5, 176-7, 185, 197, 199

Vaughan, Edward, 143

Wagstaffe, Thomas, 205, 214 Wainwright, James, 86 Walpole, Horace, 49 Walter, Hubert, Archbishop of

Canterbury, 2, 6, 105 Walter, Lucy, 96, 98, 141, 150 Watson, William, 63 Wentworth, Peter, 19,20,26-7,33,

36,42,46,63,126 on parliament to determine right of

succession, II, 14, 32, 55-6, 134, 189, 253

Pithie Exhortation to her Majestie for Establishing Her Successor to the Crowne, 22-3,33

Wharton, Goodwin, 176 Wharton, Philip, Baron Wharton,

156 Whitelocke, Bulstrode, 68, 74, 75,

88 Widdrington, Sir Thomas, 74, 88, 89

Wilbraham, Sir Roger, 17 William I, 37, 48-9, 131, 158,

259n William n, 49, 259n William nI, 12, 228-9

association to defend him, 225-6 attractiveness for the throne, 178,

181, 182, 219 crown as reward, 219, 227 crown matrimonial, 179-80, 221 Declaration (1688), 153, 155, 156,

157-8, 170, 171 de facto king, 193 interest in the crown, 89, 155, 158 proposed as regent, 143 right of conquest, 157-9, 201-3,

224, 225, 292n

Index 343

standing in the succession, 153-5, 201,221

death,232 William ill and Mary II, joint

monarchs, 159, 177-8, 186 de facto monarchs, 208, 209, 210 elected monarchs, 188,215,224,225 hereditary monarchs, 221-2 oath of allegiance, 220 prescriptive right, 214

William, Duke of Gloucester, 183, 228-9,232

Williams, Walter, 109, 113 Willson, David Harris, 17 Wilson, Thomas, 41-2, 48, 50 Winnington, Sir Francis, 113 Wood, Charles, 4, 5