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A91303 The treachery and disloyalty of papists to their soveraignes, in doctrine and practise. Together with an exact parallel of the jurisdiction, power, and priviledges claimed and exercised by our popish Parliaments, prelates, Lords and Commons in former times, with those now claimed and practised by the present Parliament, Lords and Commons, which are here manifested to be farre more loyall, dutifull, moderate; more consistent with, lesse invasive on, and destructive to the Kings pretended soveraigne power and prerogative, then those of popish parliaments, and subjects. Wherein likewise the traiterous, antimonarchicall doctrines, practises and attempts of papists upon their soveraignes prerogatives, crownes, persons, with the dangerous consequences, effects, and designes, of their present illegall arming, and accesse to the Kings Army, and person by meanes of evill counsellours, are briefely discovered; ... It is ordered by the Committee for Printing that this treatise be forthwith printed and published, by Michael Sparke, senior. Januar. 13. 1642. John White.; Soveraigne power of parliaments and kingdomes. Part 1 Prynne, William, 1600-1669.; England and Wales. Parliament. 1643 (1643) Wing P4108; Thomason E248_1; ESTC R203188 101,087 43

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Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like ●o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and ●surped ●o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of ●ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to im●loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that ●e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie ●hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall ●nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broa●hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his ●eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam s●●● viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet m●●istrum Et ideo si Rex fuerit sine fran● i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by ●hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being ●e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall ●e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King ●all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are ●bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort ●b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143● when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of ●heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentime● oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects d●flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so
the Crowne of England ● the next and onely heire of the blood Royall to whom of right it descended which Dolman the Priest and so● Jesuites opposed in Printed seditious Bookes So the z ● Mariae Parl. 2. c. 2. Articles of Queene Maries marriage with K● Philip were limited appointed and ratified by Parliament And the Imperiall Ecclesiasticall Ju●diction usurped by the Pope and Prelates hath likewise by a 25 H. 8. c. 19. 21. 26 H. 8 c. 1. 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22. 24. 29. 31 H. 8. c. 10. 14. 3● H. 8. c. 29. 34 35 H. 8. c. 17. 19. 35 H. 8. c. 1. 3. 1 Eli. c. 1. 1 E. 6. c. 2. 1 Mariae c. 1. Parl. 2. c. 1. 8 El. c. 1. sund●y Statutes beene restored and united to ●● Crowne and the Title of Supreame head and Supreame Governour in all causes and over all persons Spiri● all Ecclesiasticall and Temporall seiled upon our Kings and Queenes Who during their minori●ies have ●● Guardians and Protectors appointed to them by b Walsingham Hist Angl. H. 5. p. 458. Speed p. 1 108. 28 H. 8. c. 7. 17. 1 E. 6. c. 11. Hals Chronicle 1 H. 6 Parliament to summen Parliaments assent to ●ils and ex●cute all royall Jurisdiction in their names and steads And a● the Title and Right to the Crowne of Englan● and the Jurisdiction thereof hath thus from time to time beene decided and setled in and by our Parli●ments so hath the Title and Jurisdiction of the Crowne of Scotland beene c Hist Angl. p 16. to 26. 31. to 33 42. 46. to 56. See Holin Grafton Stow Speed in the life of Edward the first ●podigma Neust p. 72. to 96. frequently discussed a● setled in our Parliaments upon appeales made to them by the Kings of Scotland and their Corrivals to that Crow●● Witnesse the famous case and competition for that Crown long agitated and resolved in Parliament betweene ●● King of Norway Bailliol and Bruce to omit others in the Reigne of King Edward the first And ●●● King Edwards title to the Crowne of Scotland declared and resolved by our Parliament here All which ●● Recorded at large by Thomas Walsing●am in the life of King Edward the first and in the Parliame●● Rols and Pleas of his Raigne with d 1 Jac. 1. sundry other instances of this nature frequent in our Historian ● wh●ch for brevity I pretermit It is a e 35 H. 8 c 1 cleare case without dispute that if the King should dye without any Heire the Crowne wou● ofcheate to the whole Kingdome and Parliament who might dispose of it in such a case to what pers●● they pleased or quite change that forme of government if they saw good cause no particular kin● of rule being so simply necessary by any divine right or Law to any state or Kingdome but that as it was ● first instituted so it may in such a case be changed by the whole Kingdomes generall consent upon suff●cient grounds This appeares by the case of * Elondus Decad 2. l. 2. Regin l. 2. An. 800 Bi●●op Bilson of Christ an Su●jection c. part 3. p. 423. Charles the grosse who being deposed from the Empire a●● his Kingdomes for a mad man and dying without any Heire the Kingdomes which before were subject ●● him Destitute of a right Heire began to fall in sunder on every side and to choose Kings of themselves of an●ther Family France elected Charles a childe sirnamed Simple for their King and after his simplic●ty displeased them they Crowned Otho Sonne of Robert Duke of Saxony in his place At the same tim● the people of Italy meaning to have a King of their owne could not agree on the matter but some cho● Beringarius others Guido and so had two Kings in Italy both calling and bearing themselves as Emp●rours And the Germanes elected Arnolph Duke of Bavaria for their Emperour Thus * Zonas Annal. Tom. 3. f. 1 26. Grimstons Imperiall History p. 303. Zeno the Emperour dying without any Heire that might succeed him Anastasiu● a man of great reputation yet of no No●● Family was chosen his Successor by the Senate and Legions The like we read of divers other Emperou● de●easing without Heire of some of our Saxon and British Kings before the Conquest and of othe● in other Kingdomes where the Crowne hath beene translated from one family to another by the Kingdomes consent for want of Heires Yea Bishop Bilson 1 The true difference betweene Christian Subjectio● and unchristian Rebellion part 3. p. 418. to 422. himselfe though a great Royalist po●●tively affirmes That if a King or right H●ire to any Crowne be borne or becomes a naturall Foole or star●mad or run besides himselfe so that he is not able to governe himselfe much lesse his Realme in these ●● cases ANY REALME BY PUBLICKE CONSENT and ADVICE MA● CHUSE ANOTHER KING for what should he doe with a royall Office or by what d●vine or humane right can he enjoy a Crowne who is utterly unable to manage it Upon this groun● 2 See the generall History of France in his life Sabellicus Ennead 8. l. 8. ● 245 N●ucl●rus vol. 3. gen 20. Blondus Decad. 1. l. ●● Aventinus l. 3. p. 293. to 300. Gaguinus l. 3. in Carolo. M●rt Herman Sche●● Chron. Aetas 6 f. 185. King Childericke was deposed by his French and German Subjects generall consents because he was ● ●e a Sot a Beast unable to governe his Kingdome and Pepin of another race elected and crowned King in ●stead which act by Pope Zacharies resolution was adjudged both just and lawfull even in point of ●science before it was put in execution So 3 Go●fredus Viterbiensis Chro. pars ●● col 468 Regino l. 3. An. 887. H. Mutius Germ. Chr. l. 12 Grimstons Imperial History p. 404. Charles the third the last Emperour of Pipins race ●● deposed from the Empire by the Princes Dukes and Governours of the Provinces of Germany and ●●ce for that he became foolish and unfit to governe being bereaved of his senses and by common consent ●●olph was elected Emperour in his stead Thus 4 Euagrius Eccl. hist l. 5. c. 11. 13 Zonaras Annal. Tom. 3. f. 150 151. Eutropius l 16. p. 211. Justinus the second falling into a frensie and madnesse ●hat he had no sense nor understanding of any thing that was done was removed and Tiberius placed ●he Empire at his Coronation Justinus used this notable speech Let not the glory of these Imperiall ●●es leade thee into errour neither be thou de ceived with the glorious shew of such things as are subject unto the ●●s wherewith I my selfe now al●s being snared have brought my selfe foolishly into grievous torments ●refore in governing the Empire with great moderation and mildnesse of spirit redresse what is amisse and cor● what I have leudly committed And pointing at his ill Counsellours with