4. ALL Lawyers are of opinion, that by this ftatute is meant even a King de Facto;

for they say a King de Jure may afterwards punifh, according to this ftatute, any man who has for any cause but his Title, confpired against a King de Facto. The reafon

of which feems to be good; fince the publick is more concern'd in having their peace and plenty disturb'd, than in preferring one King before another, or in determining the rights of the two Rofes. For I would fain know, if it had not been better for the

poor

people of England that fome third Branch had obtain❜d the Crown from them both, and poffefs'd it quictly, than to be torn in pieces with fuch a Civil War as we cannot read without horror.

5. THE next Treafon in this Act is about violating the Queen; and the words are (la Compagne du Roy) which might be underdood of any Mistress a King fhould own publickly, if the weight of the crime lay only in difrefpect or injury to the King; but 'tis chiefly in the disturbance it may give the publick and therefore the King's Wife only can be here understood, because the people are highly concern'd in his Iffue by her; but have nothing to do with his illegitimate Children,

Children, or with those Women by whom he has them.

So alfo the Statute mentions only the King's eldest Daughter, and his eldest Son's Wife; whereas the disrespect to him would be as great in violating his fecond Daughter, or his fecond Son's Wife: But in that case the publick is not fo concern'd, on whofe account chiefly this Law was made, and not so much out of regard to his Perfon or Dignity.

6. 'Tis generally taken for granted, and, as I remember, my Lord COKE himself says, That a Queen-Confort herself is within this Statute, if confenting to be enjoyed: But I fee no ground for that opinion, except HENRY the Eighth's practice; there being not a word of it in this Act.

AND because the Act provides no punishment for a Queen, nor for either of thofe Princeffes fo offending, I believe it is wholly mistaken, and by the word (violate) a Rape only is intended; and confequently the women cannot be guilty. For if it was meant otherwise, by what juftice or reafon fhould that fact (of love perhaps)

draw fo great a punishment on the man, while the woman whofe falfchood to the King augments her crime, and makes it a double treason, yet by this Act wholly efcapes unpunish'd?

I

BESIDES

BESIDES; what fault has the injur'd King done in fuch a case, that his cuckoldom is to be made publick, and every body is to endeavour the difcovery of it under pain of mifprifion; and yet himself not freed from fuch an adulterous wife by any claufe in this Law, which never mentions her as a criminal? By all which it appears, that a rape only is meant in this ftatute, (an injury indeed, but not fo great a fhame to the husband, according to the foolish custom of the world) as indeed the word (violer) implies; and had never been, I believe, interpreted otherwise, but for HENRY the Eighth, who, to get rid of two wives in his arbitrary way, ftretch'd it to adultery: with which too he was not contented; but got a Law to pass, which made it Treafon both in any woman he should ever marry, and in her Lover alfo, if they could be prov'd to have lain to gether formerly, and had not acquainted him with it before his marriage: which my Lord HERBERT fays, did fo frighten all the women, that he was forc'd to be contented with a widow at laft; because others were afraid he might pretend to miss a maidenhead, and fo cut off a wife's head, as foon as he grew weary of her.

UPON

UPON this occafion, I remember a pleafant difficulty which happen'd in the time of An Act was drawn aQueen ELIZABETH.

bout establishing her ifue; and the usual words of fuch ftatutes in her licentious Father's reign are (iffue lawfully begotten). This appear'd to the Parliament a little unmannerly; fo that the words (iffue lawfully begotten) were chang'd into these (natural born iffue) and fometime (iffue of her body): but this being a variation of the customary phrase, it gave a jealoufy among the people, that her great favourite LEICESTER intended to fet up for King fome baftard of his after her death, and pretend he was born of her, and bred up privately.

7. ANOTHER observation is, that by the word (Compagne) a Queen Dowager is excluded, according to the opinion of all Lawyers; yet this is not fo clear, if we confider her to have been once (la Compagne du Roy) by which that word may reach her, efpecially within fome time after her hufband's death; for, during a poflibility of being left enceinte, the reafon of the Law will include her alfo as well as a King's wife, upon the publick account. All which is ftill a confirmation of the ftatute's meaning only a rape,

for elfe, not only a Queen, a King's eldest daughter, and his eldeft fon's wife, but the widows alfo, are most dangerous perfons to be approach'd, and even for fome time after their husband's death; which confifts not with the meaning of a Law that was intended altogether in favour of the subject and for which England hath fung enco miums of King EDWARD to this day.

8. THE next thing in it to be confider'd, are these words (the King's eldest Son and Heir) by which copulative (and) he must be his Heir, as well as eldest son; which fupposes a poffibility of altering by Act of Parliament the Line of Succeffion, and taking it from the eldest.

9. 'Tis certainly meant also, that, unless the King's eldest daughter be unmarry'd, and confequently more expos'd by wanting a husband's care, there is no Treafon in the cafe; for otherwife, a King's second son's wife had been named before her, as being nearer the Crown: And this confirms it to be meant a rape all along, to which a single woman is more liable than one probably marry'd to fome foreign Prince. Whereas from the danger of an intrigue, I fuppofe those wife Law-makers would hardly have thought