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A30478 A vindication of the authority, constitution, and laws of the church and state of Scotland in four conferences, wherein the answer to the dialogues betwixt the Conformist and Non-conformist is examined / by Gilbert Burnet ... Burnet, Gilbert, 1643-1715. 1673 (1673) Wing B5938; ESTC R32528 166,631 359

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Navy to Henry III. of England and got great priviledges from him for their traffick in England There were then 72. Cities in the League who renewed their League every tenth year and consulted whom to receive or whom to exclude from their friendship and choosed a P●o●●●tor to themselves And one of the Conditions on which any City might be of this League was that they were free Towns and therefore it was that some Towns in the Netherlands being of this League their Princes were by Oath to confirm their freedom otherwise they could not be comprehended within that League the end whereof was to defend one another in any necessity they might fall in Let these things then declare whether Germany be a Monarchy or not and it will never prove the Emperor to be the Sovereign because the Empire is feudal and the Emperor gives the Investitures to the Princes for they are not the Feudato●ies of the Emperor but the Empire and the Emperor by giving the Investiture becomes not their Lord for in the Interregn of the Empire the Electors of Palatine and Saxe are the Vicars of the Empire and give the Investitures who are not clothed with any authority over the rest but only as they are the Vicars of the Empire and not of the Emperor And most of the Princes of Itair receive still their Investiture from the Emperor but are far from concluding themselves his Subjects upon that account And who thinks the King of Naples the Popes Subject tho he receive his Investiture in that Crown from him These things being thus cleared it will be evident that the Wars betwixt Charles V. and the Duke of Saxony will never be a Precedent for Subjects resisting their Sovereign And having said so much it will be to no purpose to examine the rise and progress of the Smalcal●● League and War only thus much is clear that the leaguing of the Princes and Cities together among themselves or with other Princes was not held contrary to the Laws of the Empire for after the Smalcaldic League both the Emperor and other Kings as France and England treated with them and sent Embassadors to them Yea the Pope sent a Nuncio to the Elector of Saxe and Landgrave of Hessen at Smalcald and yet never were they accused by the Emperor for entring into that League of mutual defence which shews it was not judged contrary to the duty of these Princes to associate among themselves or with others And the City of Strasburg and after them the Landgrave of Hessen made a League with the Switzer Cantons that received the Reformation for mutual defence against any Invasion upon the account of Religion At Ausburg the Emperor did on the 11. of November 1530. declare that since the Protestants did reject the Decree made about Religion he had entred in an agreement with the rest of the Diet not to offend any but to defend themselves if any force were used against these who owned that Religion And in the following December the Protestant Princes met at Smalcald and made an agreement among themselves in the same strain neither were they ever condemned for so doing but continued in a good correspondence with the Emperor many years after that till being invaded by the Duke of Brunswick the War took its rise which is all along proved to have been according to the Laws and Liberties of the Empire And thus this Case doth vary exceedingly from the matter of our Debates Eud. If I may glean after your Harvest I could add that the Divines of Germany were notwithstanding of all the immunity of the Princes and injuries they met with very much against all warlike preparations Many vestigies of this appear through Melanclon's Letters particularly in his 71. Letter to Camerarius an 1528. where he gives account of the inclinations many had to War and with how much diligence he had studied to divert them from it though great injuries had been done them and that it was believed that many of the Princes had signed a conspiracy against them And Scultet Exer. Evang. lib. 2. cap. 5. tells how Grumbachius and Iustus Ionas animated the Elector of Saxe to the War assuring him of the Empire of Germany if he wo●ld adventure for it which he adds the Elector did and his so doing he compares to his throwing himself over the Pinacle of the Temple but all quickly repented them of the attempt the Elector being defeated taken and kept Prisoner many years and his ill Counsellors were well served for their advice Grumbachius was quartered and Ionas was beheaded Thus you see how that war is censured by one of the best of the late German Divines By this time I think no scruples can dwell with any about the German War and that it agrees with the case of a Prince defending his Religion and Subjects against the unjust invasion of another Prince to whom he owes neither obedience nor subjection and this will easily satisfie all that know either Law or History whether the Author of the Dialogues deserved to be treated as his Answerer doth But it is no new thing to find ignorants full of confidence and cowards full of boastings Isot. But for Sweden you yield it and acknowledge that because their King came against them in an unjust invasion designing to subvert their Religion they not only armed against him and resisted him but deposed him and put his Uncle in his place than which nothing can be more express See p. 441. Poly. The design of the Conformist was to prove that the first Reformers did not teach the doctrine of Subjects their resistance upon the account of Religion but he meant not to make good all that followed after that therefore left the more inconsiderat when they heard of the S●ares of Sweden their deposing of Sig●smund might have mistaken that as he knows some have done and confounded it with the Reformation he gave the true account of that Affair as it was and it being seventy years after the Reformation was first brought thither cannot be fastened on the Reformation Besides the whole Tract of the Swedish History proves that the Estates as they elected so also coerced and frequently deposed their Kings and therefore Bodin reckons Sweden among these divided States where the Supreme Power lay betwixt the King and the Nobility and tells how in his own time Henry King of Sweden having killed with his own hand one that presented a petition to him the States forced him to quit the Kingdom to his Brother and that he had been for seventeen years a prisoner when he wrote his Books de Republica It being thus frequent in Sweden upon malversation not only to resist but to depose their Kings it was no wonder if when Sigismund came against them with an army of Polanders whose Sovereign he was not for none are so ignorant to think the King of Poland is a Sovereign they resisted him since that was a subjecting of Sweden to foreign force