Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	according_a	law_n	parliament_n	2,488	5	6.5410	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88696	Vindiciæ contra tyrannos: a defence of liberty against tyrants. Or, of the lawfull power of the prince over the people, and of the people over the prince. Being a treatise written in Latin and French by Junius Brutus, and translated out of both into English. Questions discussed in this treatise. I. Whether subjects are bound, and ought to obey princes, if they command that which is against the law of God. II. Whether it be lawfull to resist a prince which doth infringe the law of God, or ruine the Church, by whom, how, and how farre it is lawfull. III. Whether it be lawfull to resist a prince which doth oppresse or ruine a publique state, and how farre such resistance may be extended, by whome, how, and by what right, or law it is permitted. IV. Whether neighbour princes or states may be, or are bound by law, to give succours to the subjects of other princes, afflicted to the cause of true religion, or oppressed by manifest tyranny.; Vindiciae contra tyrannos. English	Languet, Hubert, 1518-1581.; Walker, William, 17th cent.	1648 (1648)	Wing L415; Thomason E430_2; ESTC R34504	141,416	156

remains the same According to which we know that Charles the fifth of the house of Austria was under Specul Saxon. lib. 3. Vrtic 54. certain conditions chosen Emperour as in the same manner his successors were the summe of which was that he should keep the Lawes already made and make no new ones without the consent of the Electors that he should govern the publick affaires by the advice of the generall Estates nor ingage any thing that belongs to the Empire and other matters which are particularly recited by the Historians When the Emperour is crowned at Aquisgrave the Archbishop of Cullen requires of him in the first place Sleyd lib. 2. 2. If he will maintain the Church if he will distribute justice if he will defend the Empire and protect Widowes Orphans and all other worthy of comp●ssion The which after he hath solemnly sworn before the Altar the Princes also which represent the Empire are asked if they will not promise the same neither is the Emperour anointed nor receives the other Ornaments of the Empire before he have first taken that solemn oath Whereupon it followes that the Emperour is tied absoutely and the princes of the Empire under condition That the same is observed in the Kingdome of Polonia no man will make question who had but seen or heard of the ceremonies and rites wherewith Henry of Anjoy was lately chosen and crowned King of that Countrey especially then when the condition of maintaining of the two Religions the Reformed and the Roman was demanded the which the Lords of the kingdome in expresse termes required of him three severall times and he as often made promise to perform The same is observed in the Kingdomes of Bohemia Hungary and others the which we omit to relate particularly to avoid prolixity Now this manner of stipulation is not onely received in those Kingdomes where the right of election is yet entirely observed but even in those also which are esteemed to be simply hereditary When the King of France is crowned the Bishops of Laon and Beauvois Ecclesiasticall Peeres ask all the people there present whether they desi●e and command that he which is there before them shall be their King Whereupon he is said even then in the stile of the inauguration to be chosen by the people and when they have given the signe of consenting then the King sweares that he will maintaine all the rights priviledges and lawes of France universally that he will not aliene the D●meane and the other Articles which have been yet so changed and accomodated to bad intentions as they differ greatly from that copie which remaines in the Library of the Chapter of Beauvois according to which it is recorded that King Philip the first of that name tooke his Oath at his Coronation yet notwithstanding they are not unfitly expressed Neither is he girded with the sword nor anointed nor crowned by the Peers who at that time weare Coronets on their heads nor receives the Scepter and rod of Justice nor is proclaimed King before first the people have commanded it neither doe the Peers take their oaths of alleageance before he have first solemnly sworne to keepe the Lawes carefully And those be that he shall not waste the publicke revenue that he shall not of his own proper authoritie impose any taxes customes or tributes that he shall not make peace or warre nor determine of State-affaires without the advise of the Councell of State Briefly that he should leave to the Parliament to the States and to the Officers of the Kingdome their authoritie intire and all things else which have been usually observed in the Kingdome of France And when he first enters any Citie or Province he is bound to confirme their priviledges and sweares to maintaine their Lawes and Customes This is straitly observed in the Cities of Tholouse and Rochel and in the Countries of Daulphinie Province and Britaine The which Townes and Provinces have their particular and expresse Covenants and agreements with the Kings which must needs be voyde if the condition expressed in the Contract be not of force nor the Kings tied to the performance There is the forme of the Oath of the ancient Kings of Burgundie In Annal. Burgund yet extant in these words I will protect all men in their rights according to Law and justice In England Scotland Sweden and Denmarke there is almost the same custome as in France but in no place there is used a more discreet care in their manner of proceeding than in Spaine For in the Kingdome of Arragon after the finishing of many Ceremonies which are used between him which represents the Justitia major of Arragon which comprehends the majestie of the Common-wealth seated in a higher seate and the King which is to be crowned who sweares fealtie and does his homage and having reade the Lawes and conditions to the accomplishment whereof he is sworne Finally the Lords of the Kingdome use to the King these words in the vulgar Language as is before expressed page 60. Nos qui valemos tanto como vos y podemos mas que vos vos elegimos kei con estas è y estat conditiones entra vos y nos un que manda mas que vos Wee which are as much worth as you and have more power than you choose you King upon these and these conditions and there is one between you and us which commands over you But least the King should thinke he swore onely for fashion sake and to observe an olde custome every third yeare in full assemblie of the Estates the very same words and in the same manner are repeated unto him And if under pretext of his royall dignitie he become insolent violating the Lawes and neglect his publick faith and promise given then by the priviledge of the Kingdome he is judged excommunicated as execrable as Julian the Apostata was by the primitive Church which excommunication is esteemed of that validitie that instead of praying for the King in their publick oraysons they pray against him and the subjects are by the same right acquit from their oath of Alleageance as the vassall is exempted from obedience and obligation by oath to his Lord which stands excommunicated the which hath been determined and confirmed In Concil Tolet 4. c. 74. in Tolet. 6. lib. 2. feud tit 28. sect 1. both by act of Councell and Decree of State in the Kingdome of Arragon In like manner in the Kingdome of Castile in full assembly of the Estates the King being readie to be crowned is first in the presence of all advertised of his dutie and even then are reade the Articles discreetly composed for the good of the Common-wealth the King sweares he will observe and keepe them carefully and faithfully which being done then the Constable takes his oath of alleageance after the Princes and Deputies for the Townes sweare each of them in their order and the same is

that which is called the Iustitia Major in Aragon hath the Soveraign authority in it selfe And therefore the Lords which represent the people proceed so far that both at the inaugaration of the King as also at the Assembly of the Estates which is observed every t●ird yeer to say to the King in expresse words that which follows We which are as much worth as you and have more power then you chuse you King upon these and these conditions and there is one between you and us which commands over you to wit the Iustitia Major of Aragon which oftentimes refuseth that which the King demands and forbids that which the King ●njoynes In the kingdoms of England and Scotland the Soveraignty seemes to be in the Parliament which heretofore was held almost every yeere They call Parliaments the Assembly of the Estates the kingdome in the which the Bishops Earles Barons Deputies of Towns and Provinces deliver their opinions and resolve with a joynt consent of the affaires of State the authority of this Assembly hath been so sacred and inviolable that the King durst not abrogate or alter that which had been there once decreed It was that which heretofore called and installed in their charges all the chief officers of the kingdome yea and sometimes the ordinary councellers of that which they call the Kings privie Councels In sum the other christian Kingdoms as Hungary Bohemia Denmarke Swedea and the rest they have their officers apart from the Kings and Histories together with the examples that we have in these our times suff●ciently demonstrate that these Officers and Estates have knowne how to make use of their authori●y even to the deposing and driving out of the tyrannors and unworthy Kings We must nor therefore esteem that this cuts too short the wings of Royal authority and that it is as much as to take the Kings head from his shoulders We believe that God is Almighty neither think we it any thing diminisheth his power because he cannot sin neither say we that his Empire is lesse to be esteemed because it cannot be neither shaken nor cast downe neither also must we judge a King to be too much abused if he be withheld by others from falling into an errour to which he is over-much inclined or for that by the wisdome and discretion of some of his Councellors his kingdome is preserved and kept intire and safe which otherwise happily by his weaknesse or wickednesse might have been ruined Will you say that a man is lesse healthfull because he is invironed with discreet Physitians which councell him to avoid all intemperance and forbid him to eat such meats as are obnoxious to the stomack yea and which purge him many times against his will and when he resists which will prove his better friends whether these Physitians which are studiously carefull of his health or those Sicophants which are ready at every turn to give him that which must of necessity hasten his end We must then always observe this distinction The first are the friends of the King The other are the friends of Francis which is King The friends of Francis are those which serve him The friends of the King are the officers servants of the kingdom For seeing the King hath this name because of the kingdom and that it is the people which give being and consistence to the kingdome the which being lost or ruined bee must needs cea●e to be a King or at the least not so truly a King or else wee must take a shadow for a substance Without question those are most truly the Kings friends which are most industriously carefull of the welfare of his kingdom and those his worst enemies which neglect the good of the Common wealth and seek to draw the King into the same lapse of errour And as it is impossible to separate the kingdom from the people nor the King from the Kingdome in like manner neither can the friends of the King be dis-joyned from the friends of the people and the Kingdome I say further that those which with a true affection love Francis had rather see him a King then a Subject Now seeing they cannot see him a King it necessarily followes that in loving Francis they must also love the Kingdome But those which would be esteemed more the friends of Francis then of the kingdome and the people are truly flatterers and the most pernitious enemies of the King and publike State Now if they were true friends indeed they would desire and endeavour that the King might become more powerfull and more assured in his estate according to that notable saying of Theopompus King of Sparta after the Ephores or Controllers of the Kings were instituted Tkemore said he are appointed by the People to watch over and look to the affaires of the Kingdome the more those that govern shall have credit and the more safe and happy shall be the State Whether prescription of time can take away the right of the people But peradventure some one will reply you speak to us here of Peers of Lords and Officers of the Crown But I for my part see not any but only some shewes and shadows of antiquity as if they were to be represented on a stage I see not for the present searce any tract of that ancient liberty and authority nay which is worse a great part if not all of those officers take care of nothing but their particular affairs and almost if not altogether serve as flatterers about those Kings who joyntly tosse the poor people like ●ennice bals hardly is there one to be found that hath compussion on or will lend a helping hand to the miserable subjects fleaed and scorched to the very bones by their insolent and insupportable oppression If any be but houth to have such a desire they are presently condemned as Rebels and seditious and are constrained either to fly wi●h much discommodity or else must run hazard both of life and liberty What can be answered to this the businesse goes thus The outragiousnesse of Kings the ignorance of the party together with the wicked connivence of the great ones of the kingdome hath been for the most part such throughout the World that the licentious and unbridled power wherewith most kings are transported and which hath made them insupportable hath in a manner by the length of continuance gained right of prescription and the people for want of using it hath incitely quit if not altogether lost their just ancient authority So that it ordinarily happens that what all mens care ought to attend on is for the most part neglected by every man for what is commited to the generalty no man thinkes is commended to his custody Notwithstanding no such prescription nor praevarication can justly prejudice the right of the people It is commonly said that the Exchequers doe admit no ●ale of prescription against it much lesse against the whole body of the people whose power transcends the

people in the generall Assembly of the States he grew insolent and relying on the counsell of his Minions arrogantly threatens to lay beavier burthens on them hereafter No man can doubt but that according to the tenour of the contract first passed betweene the King and the people the prime and principall Officers of the Kingdome had authority to represse such insolence They were only blameable in this that they did that by faction and division which should more properly have beene done in the generall Assembly of the States in like manner in that they transferred the Scepter from Juda which was by God onely confin'd to that Tribe into another linage and also as it chances in other affaires for that they did ill and disorderly manage a just and lawfull cause Prophane histories are full of such examples in other Kingdomes Brutus Generall of the Souldiers and Lueretius Governour of the Citie of Rome assemble the people against Tarquinius Superbus Titus Livi. lib. 1. and by their authority thrust him from the royall Throne Nay which is more his goods are confiscated whereby it appeares that if Tarquinius had beene apprehended undoubtedly hee should have beene according to the publique lawes corporally punished The true causes why Tarquinius was deposed were because he altered the custome whereby the King was obliged to advise with the Sena●e on all weighty affaires that he made Warre and Peace according to his owne fancie that he treated confederacles without demanding counsell or consent from the people or Senate that he violated the Lawes whereof he was made Guardian briefly that he made no reckoning to observe the contracts agreed between the former Kings and the Nobility and people of Rome For the Roman Emperours I am sure you remember the sentence pronounced by the Senate against Nero wherein he was judged enemie to the Common-wealth and his body condemned to be ignominiously cast on the dung-hill and that other pronounced against Vitellius which adjudge him to be shamefully dis-membred and in that miserable estate trayled through the Citie and at last put to death another against Maximinius who was dispoild of the Empire and Maximus and Albinus established in his place by the Senace There might also be added many others drawne from unquestionable Historians The Emperour Trajan held not himselfe exempt from lawes neither desired he to be spared if he became a Tyrant for in delivering the Sword unto the great Provost of the Empire he sayes unto him If I command as I should use this sword for mee but if I doe otherwayes unsheath it against me In like manner the French by the authority of the States and solicited thereunto by the Officers of the Kingdome deposed Childerick the first Sigisbert Theodoricke and Childericke the third for their tyrannies and chose others of another Family to sit on the Royall Throne Yea they deposed some because of their idlenesse and want of judgment who exposed the State in prey to Panders Curtesans Flatterers and such other unworthy mushromes of the Court who governed all things at their pleasure taking from such rash Phaetous the bridle of government left the whole body of the State and people should be consumed through their unadvised folly Amongst others Theodoret was degraded because of Ebroinus Dagobert for Plectude and Thiband his Pander with some others the Estates esteeming the command of an effeminate Prince as insupportable as that of a woman and as unwillingly supporting the yoke of tyrannous Ministers managing affaires in the name of a loose and unworthy Prince as the burden of a tyrant alone To be briefe no more suffering themselves to be governed by one possessed by a Devill than they would by the Devill himselfe It is not very long since the Estates compeld Lewis the eleventh a Prince as subtile and it may be as wilfull as any to receive thirtie six Overseers by whose advise he was bound to governe the affaires of State The descendants from Charlemaine substituted in the place of the Merovingiens for the government of the kingdome or those of Capet supplanting the Charlemains by order of the Estates and raigning at this day have no other nor better right to the Crowne than what wee have formerly described and it hath ever been according to Law permitted the whole body of the people represented by the counsell of the Kingdome which are commonly called the Assembly of the States to depose and establish Princes according to the necessities of the Common-wealth According to the same rule wee reade that Adolph was removed from the Empire of Germany Anno 1296. because for covetousnesse without Anno 1296. any just occasion he invaded the Kingdome of France in favour of the English and Wenceslaus was also deposed in the yeare of our Lord 1400. Yet were not these Princes exceeding bad ones 1400. but of the number of those which are accounted lesse ill Elizabeth the wife of Edward the second King of England assembled the Parliament Froisard li. 1. cap. 1. against her husband who was there deposed both because he tyrannized in generall over his Subjects as also for that he cut Reade the manner of the deposing of Richard the second off the heads of many noble men without any just or legall proceeding It is not long since Christierne lost the Crowne of Denmarke Henry that of Sweden Mary Steward that of Scotland for the same or neere resembling occasions and the most worthy Histories relate divers alterations and changes which have hapned in like manner in the Kingdomes of Polonia Hungarie Spaine Portugall Bohemia and others But what shall we say of the Pope himselfe It is generally held Ant de But. confil quod positum est inter consil Paul de Castro vel antiq nu 412. incip viso puncto that the Cardinalls because they doe elect him or if they fayle in their dutie the Patriarkas which are next in ranke to them may upon certaine occasions maugre the Pope call a Councell yea and in it judge him As when by some notorious offence he scandalizeth the universall Church if he be incorrigible if reformation be as necessary in the head as the members if contrary to his oath he refuse to call a generall Councell And we reade for certaine that Mar. Laud●ns in tract de Card. 1. l. 2. q. 35. Ph●lip Deci●s in quodan co ●i●o cujus verbs suerunt Andr. B●●h in d. con●● 1. lib. 1. 〈◊〉 6. 〈…〉 de major obed divers Popes have been deposed by generall Councells But if they obstinately abuse their authoritie there must saith Baldus first be used verball admonitions secondly herball medicament● or remedies thirdly stones or compulsion for where vertue and faire meanes have not power to perswade there force and terror must be put in ure to compell Now if according to the opinions of most of the learned by decrees of Councels and by custome in like occasions it plainly appeares that the Councell may depose the P●pe