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A42629 The defence of the Parliament of England in the case of James the II, or, A treatise of regal power and of the right of the people drawn from ancient councils ... and more especially the ordinances of the doctors of the Church of Rome ... : wherein is demonstrated that the Holy Scriptures are so far from being contrary, that they do even assent thereto / written in Latin by P. Georgeson, Kt. ; translated by S. Rand. Georgeson, P., Sir.; Rand, S. 1692 (1692) Wing G533; ESTC R18626 44,763 42

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is as clear as the Sun at Noon-day that whatsoever the sacred Assembly of Prelates hath thought fit to be observed is by the special grace of the Holy Ghost ordained and prefixt and settled to all eternity and is inviolably to be observed I beseech you therefore and conjure you the whole Assembly of reverend Prelates and you most excellent Princes and Peers who by your homage and duty to the Court are obliged to sit in this sacred Assembly I command you I say by the Mistery of the holy Trinity that if there be any thing before you shall be judged needful to be decreed or repealed as well what by us hath been offered to your consideration as also what else may have come to your hearing on behalf of the People that you would be careful to decide and clear it with an unanimous vigour of justice accompanied with a due proportion of mercy Ervigius behaves himself before the Synod with abundance of modesty who humbly implores their justice and mercy and laying aside all lostiness of mind sensible of his own in abilities to undertake such a charge submits himself to its censure We do not find it so now a days no no but now you must take notice that the asorementioned Spanish Kings were of the Gothic Race but as to their Religion having renounced Arianisme they became sound and orthodox from the time of Ricared they had likewise won the Kingdom of Spain by force of Arms and the ●ight got by di●t of Sword is accounted the best Title by your Civilians Now let us proceed to the French The first that presents himself is Childeric the 3 d. the very last of the M●rovingian Race who was deposed by the Parliament and hurled into a Monastry Now there were present in this Parliament divers Bishops amongst the rest was Boniface a Bishop of Mentz of great reputation who set the Crown on Pepin's Head who was put in the place of Childeric No body can be ignorant of that notable Story of Lewis the pious Son to Charles the Great who in the Synod of Compeign composed of Bishops and Peers of the Realm Anno 833. was tumbled from his Throne and forced into a Monastry Synods in those days were made up usually of the Clergy and the States of the Nation which was much the best way especially in general Councils for it is certain that for the most part the covetousness and ambition of the Clergy commonly corrupt both Divine and Human right Nor after what manner the Capetians were by consent of all the French substituted in the Room of the Carlovingians and how Lewis the Eleventh was surrounded with thirty six Commissioners without whose Advice he could not govern the Common wealth as known to all we omit But what on this Subject is beyond all exception and may stop the Mouth of the Patrons of Tyranny is the Consent of all the Christian Princes in the Convention of Arras The business thus Charles the Seventh whilst he was but yet Dolphin commanded John Father to Philip Duke of Burgundy traiterously to be assassinated thereupon a bloody War arose between the two Princes but at length by the mediation and procurement of the Counsel of Basil and Pope Engenius a Council was called and held at Arras for composing Differences whereunto the noblest part of Europe had resort It was saith Mezeray the noblest and greatest of that Age thither did all Christian Princes except King Henry of England who disputed the Crown of France with Charles send their Agents and Plenipotentiaries and Eugenius his Ambassadors A Peace being once clapt up between the two Princes it was covenanted and agreed upon that if either of the two Princes should not stand to their words but violate the Articles of Agreement that then his Subjects absolved of their Oaths might lawfully send Succours to another Prince against the breaker of the Covenant here you may plainly see that all Princes do unanimously agree in absolving Subjects of their Oaths of Allegiance besides you may see that a Vassal doth covenant with his Lord upon equal Conditions for Philip was Vassal to Charles So much the more is the simplicity of those to be laught at who dare affirm that Princes are not so much as bound by Oath to their Subjects for performance of the Articles of a Treaty when God himself is obliged to fulfill his promises the Lord hath sworn and will not repent and the holy Scriptures declare that all controversies are decided by an Oath as if Princes were obliged to resemble God Almighty in respect of his power and not in respect of his faithfulness and veracity But not to deviate too much from our present purpose If it were lawful for Subjects to levy War against their Prince for violating his word past to a Foreiguer I cannot see why it should be deemed an hainous offence to spurn and resist Tyranny when they themselves are galled and oppressed The Brittish History likewise furnisheth us with a long series of Examples of this Nature but too great a Prolixity especially in matters of themselves otherwise plain and evident is tedious and troublesome Let one therefore and that very considerable in its self suffice which is this John surnamed Sans terre or without Land King of England and Duke of Brittain standing excommunicate by Pope Innocent the III. and his Subjects absolved from their Oath of Allegiance the Kingdom of England was devolved upon Philip the August Now Philip relying upon this donation of the Pope having fitted out a huge Navy was just ready to fall upon and Invade England when John by his submission and obsequious compliance regained the Pope's favour Neither did Philip for all that desist from his enterprize for he gave his Consent that the Nobility of England should choose Lewis his Son Husband to Jone K. John's Niece for their King and should Crown him in London accordingly the Matter proceeded to Suit and Tryal before the Pope still a great favourer of John the Ambassadors of Lewis who solioited his Cause at Rome mainly urged that John was never Leige King because he was condemned by the Peers of France to have his Head cut off for the Murder committed on the person of Arthur his Nephew moreover that if he were a King yet that he had notwithstanding forfeited his Crown by turning a Tyrant and that it was Tyranny as they said to subvertand destory the Regal Power the death of John stops the Proceedings and ends the Difference and his Son Henry placed in his stead Pray let the French take special notice of this Passage who are out of humour and ill satisfied at the last Revolution and Change of the British Empire and if they are wise let them take warning whilst they may by their own consession Tyranny quite overthrows Kingly Power and it evidently appears by their own Example that the Throne of a Tyrant may justly and lawfully be possessed by another and in
tear it self in pieces or otherwise in like manner it is no less cruelty to the Spiritual sight of reason to behold the Parts of the Body politick to be divided and persecure one another as a Sovereign his Subjects and there is in effect a persecution in this when they interfere and deprive one another of their Offices and Rights for naturally every thing depends and maintains its own right and doth repel a violent Action done to it by violence Vim vi repellere licet 't is lawful to give a Man as good as he brings hence it is manifest that they are in the wrong who tell Lords that all is their own and that they may do what they please and are uncontroulable and unaccountable if they assume and appropriate to themselves without any just Title thereto whatsoever appertains to the Subject But what 's the meaning of this that violence can do all things and what will follow from thence why the same inconvenience will follow as if the Head should attract to it self all the Blood Spirits and Marrow and Substance of all the other Members and what would be the event of this but that it must prove it 's own ruin and destruction And a little below that adds I confess I dont understand whence this error proceeded for to assert this would be to cause Men tamely to submit like Sheep and set Superiors like ravening Wolves over them or to let fly Kites amongst Chickens Like as Poyson kills the human Body so Tyranny is a Poyson and Mischief that brings infallable ruin and destruction to not only the Body politick but to the Regal also For a Tyrant who by hook or by crook appropriates all to his own advantage is very unnatural it being manifestly contrary to Civil Society of which Aristotle in the fifth Book of his Politicks hath spoken more at large and may be comprized in this Distich Pauca Sciant de se diffidunt sint egeni Sic rege subditos dire Tyranne tuos A Tyrant would have his Subjects to know little to mistrust themselves and to be indigent this is extreamly contrary to a right Regal Power which chiefly aims at this that Subjects should be powerful wise and knowing c. for what worse thing could the Peoples mortal enemy or even the infernal devise then necessitate them to be poor and divided one would much rather choose to be without a Prince than have such a one as the Fable goes of the Frogs who had a Scorpion for a King that devoured them all And yet a little further again we conclude saith he that if the Head or any other Member of Civil State should chance to fall into such an inconvenience as to desire to lick up this deadly poyson of Tyranny each Member in its particular Station should use his outmost endeavour to prevent and obviate the same by all expedients convenient to that purpose And a little further And therefore the Person who abuseth it meaning the Power aforementioned is rightly served if he be div●sted of it Wherefore it is plain these Men who presume to lead their King or Prince into so foul an Error or into a condition of Tyranny deceive them and are their very Enemies The same Author in his Ten Considerations against Flatterers of Princes saith It is a mistake to say that a Prince is nothing beholding to his Subject during his Reign because it is agreeable as well to Divine Right as to natural Equity and Justice and also to the chief Intent and Design of Dominion that as the Subjects are to yeild Fealty Assistance by Taxes or otherwise and homage to their Liege Lord so likewise the Lord on his part ows faith and protection Nay and if so be the Prince in an obstinate manner persist in his wronging and persecuting them de facto then this natural rule is Vim vi repellere licet holds good and takes place as does that of Seneca in his Tragedies also Nulla adeo grata est victima quam Tyrannus At the end of this Consideration he yet adds therefore Kings who in an Arbitrary manner exact such grievances call them their Rights no otherwise than the Pagan Idols are called Gods not because they are indeed so but because they are called so by them Thus far the Chancellor of the University of Paris then which nothing could have been spoken more pithily and elegantly or more seasonably to cur present purpose indeed it concerns both People and Princes that Kings should be good proficients in the School of so great a Master There is one Man whom all Europe knows is but a poor Scholler in it Now let that famous civil Lawyer Bartolus come out and speak his mind It is a just Cause saith he that would have a tyrannical Government laid aside and as a just cause that is for a just Regiment Some later Writers bring up the Rear Bellarm. Peron Francise Torrensis and Hen. Holden To suffer saith the first an Heretical or a pagan infidel King endeavouring to bring Men over to his Sect it is to expose Religion to evident danger and Christians are not obliged nor ought to tollerate a King that is an Infidel when Religion lies at stake for when Divine Right seems to clash with the Human then indeed we must stick fast to the Divine Right omitting the other but now it is of Divine Right to maintain and pr●serve Religion and Faith which is but one only and not many but it is of Human Right to have such or such an one for King The same Author in another place thus delivers himself For albeit we ought to give obedience to a King whilst he is a King yet it is not Jure Divino that we should not abrogate or change the Constitutions of a Kingdom nor deprive a King of it let him do what he will And again I taught you but just now that when we have once this or that King set over us we are bound to obey him jure Divino so long as he sits upon the Throne but that it was not de jure Divino that he should always so long as he lives sit on the Regal Throne for it may so come to pass that either he himself may Abdicate his Regal Power or may be brought low being overcome by some other King or may be deposed upon some other account as for Heresie or the like now by what means soever he ceaseth to be King obedience and homage likewise ceaseth to be due to him A Man would swear Bellermin had written these things on purpose against King James's ca●e Peronius comes next who in a Speech of his he made to the States General at Blois maintains stiffly that a King may be discharged from his Office but as well became a Parasite of the Pope he leaves this Game to be played by him and not by the People whom he terms the Beast with many Heads as if a General Council in