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cause_n king_n law_n people_n 4,588 5 5.1230 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A56989 The supremacy debated, or, The authority of Parliaments, formerly owned by Romish clergy to be the supreamest power W. R., Gent. 1689 (1689) Wing R100; ESTC R18239 3,879 2

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THE SUPREMACY DEBATED OR The Authority of Parliaments formerly owned by Romish Clergy to be the Supreamest Power IN case the Owning of the Authority of a Parliament to be the supreamest Power in a Kingdom be traiterous or heretical amongst Papists Rome's own Church was the first Founder of this Doctrine and frequently practised the same both before and until the Reformation of Religion within this Realm For Henry de Bracton one of their famous Lawyers of this Nation who flourish'd Anno 1260. in the Reign of King Henry III. resolves thus The King hath a Superior to wit God also the Law by which he is made a King II. Bracton his Words touching the Supream Power likewise his Court namely the Earls and Barons because they are called Comites as being the King's Fellows or Companions And he who hath a Fellow or Associate hath a Master And therefore if the King shall be without a Bridle that is without Law they ought to impose a Bridle on him unless they themselves with the King shall be without Bridle and then the Subject shall cry out and say O Lord Jesus Christ do thou bind their Jaws with Bitt and Bridle c. Here is a true Resolution that the Law with the Earls and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which this famous Lawyer also seconds in some sort lib. 3. cap. 9. fol. 107. This Law was so authentick in those Days and in After-Ages that in their great Council of Basil Anno 1431. when this mighty Question was debated whether a Pope were above a General Council or a Council above him at last it was resolv'd such a Council was above the Pope upon this Reason among others The Pope is in the Church as a King in his Kingdom The Reason that was given at the Council of Basil for a General Council to be above the Pope serveth for a Parliament to be above a King. and for a King to be of more Authority than his Kingdom it were too absurd Ergo Neither ought the Pope to be above the Church In every well order'd Kingdom it ought especially to be desired that the whole Realm should be of more Authority than the King which if it happen'd contrary were not to be called a Kingdom but a Tyranny And like as oftentimes Kings which do wickedly govern the Commonwealth and express Cruelty are deprived of their Kingdoms even so it is not to be doubted but that the Bishop of Rome may be deposed by the Church that is to say by the General Council At the Beginning as Cicero in his Offices saith it is certain there was a Time when as the People lived without Kings But afterwards when Lands and Possessions began to be divided according to the custom of every Nation then were Kings ordained for no other Causes but only 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 vertuous and good Man which should defend the Poor from Injury and ordain Laws whereby the Rich and Poor might dwell together But when as yet under the Rule of Kings the Poor were oftentimes oppressed Laws were ordained and instituted the which should judge neither for Hatred nor Favour and give like Ear to the Poor as Rich Whereby we understand and know not only the People but also the King to be subject to the Law for if we do see a King to contemn and despise the Laws violently rob and spoil his Subjects destowr Virgins ravish Matrons and do all things licentiously and temeriously do not the Nobles of the Kingdom assemble together deposing him from his Kingdom set up another in his place which shall swear to rule and govern uprightly and be obedient unto the Laws Verily As Reason doth perswade even so doth the Use thereof also teach us It seemeth also agreeable unto Reason that the same should be done in the Church that is in the Council which is done in any Kingdom And so is this sufficiently apparent that the Pope is subject unto the Council Thus the Bishop of Burgen Ambassador of Spain the Abbot of Scotland and Thomas de Carcellis a famous Divine reasoned in this Council which voted with them Here you have a full Resolution of this great Council which the Papists call a General One being approved of by the Grecian and Roman Emperors and most Christian Kings and States and our King amongst others That the Kingdom in Parliament assembled is above the King as a General Council is paramount the Pope which Aeneas Silvius who afterwards became Pope and Surius one of Rome's Jesuits do manifest by these five Reasons First Because Kings were first created and instituted by their Kingdoms and People Five Reasons shewing a Parliament to be above a King. not their Kingdoms and People by them Secondly Because they were ordained only for Kingdoms and People's Service and Welfare not their Kingdoms and People for them Thirdly Because their Kingdoms and People as they at first created so they still limit and confirm their Royal Jurisdiction by Laws to which they are and ought to be subject Fourthly Because they oblige them by solemn Oath to rule accordingly and to be obedient unto the Laws Lastly Because they have power to depose their Kings in case they contemn the Laws and violently rob and spoil their Subjects Now it is to be wonder'd why Papists will blame Protestants to defend their Laws and Liberties this being their own Doctrine concerning the Power Superiority and Privilege of Parliaments Peers and Kingdoms over their Kings they having least ground of all others to tax our Lords and Commons with Usurpation upon the Crown it having been the ancient Course of this Kingdom to examine the Acts of their Kings and Princes whether they ruled according to the Laws established or no. For instance-sake Kings before the Conquest deposed for irregular Government we shall give you a short Touch Anno 454. King Vortigern when he had reigned six Years for his Negligence and evil Government for which Wostine then Archbishop of London told him he had endanger'd both his Soul and Crown was deposed from his Crown by his Subjects the Britains general Consent imprison'd and his Son Vortimer chosen and crowned King in his stead After whose untimely Death being poyson'd by Rovena Vortigern was again restored by them to the Crown yet at last for his notorious Sins by the just revenging Hand of God consumed to Ashes by Fire kindled by Augelius and Vter as Heaven's Ministers to execute its Wrath. Sigibert King of the West-Saxons setting aside all Laws and Rules of true Piety wallowing in all sensual Pleasures using Exactions and Cruelties upon his Subjects and slaying the Earl Cumbra his faithful Counsellor for admonishing him friendly of his vicious Life the Peers and Commons thereupon seeing their State and Lives in danger