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A35697 Jus regiminis, being a justification of defensive arms in general and consequently, of our revolutions and transactions to be the just right of the kingdom. Denton, William, 1605-1691. 1689 (1689) Wing D1067; ESTC R2231 155,945 104

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Disputes as it is now most necessary Tho God appointed David King yet he was to be chosen by the People 2 Sam. 5. 1. So Solomon 1 Chron. 29. 22. and tho the Crown of right did belong to David's Family yet the People did choose which of the Family best pleased them and that by a double Obligation as may appear by the History of Joas 2 King. 11. 4. and 17. For the King and the People by a Solemn Oath did promise to God that they would keep his Laws both Ecclesiastical and Civil Afterwards there was another Oath between King and People at which time there was a Right in the People i. e. Ordinibus Populi to call him to Account whom they had ordained King if he performed not his Duty Which is made out by Examples If it were lawful for David to defend himself from the Tyranny of Saul and for the City of Libnah the City of the Priests and inferiour Magistrates only to withdraw themselves from the Obedience of Joram the sixth Successor from David because he had forsaken the Lord God of his Fathers which City belonging to the Priests it is very apparent that their case was far different from that of the Idumaeans which hapned at the same time under the same King for it is not likely that the Edomites withdrew themselves from the Subjection of the Israelites that they might serve God whom they never served but hated him and the Israelites but desired to free themselves from thier Subjection But the Priests and Inhabitants of Libnah not being able to serve two Masters God and the Tyrant threw of his Yoak that they might the better serve God will it not naturally follow that the States of a Kingdom may lawfully defend and free themselves from Tyranny The Fact also of the Rulers over Hundreds with the Captains by the Advice of Joida against Athalia and of the Israelites against Amasia 2 King. 14. 19. whom they slew which was not seditiously but lawfully done for it is no where said that Amasius was slain by his Servants as it hapned to his Father Joas and to Ammon the Son of Manasses but by the common consent of Jerusalem and that not treacherously the end of most Tyrants but by publick force and publick Authority not tumultuously but after he had fled to the City Lachish from whence his Body was carried to the Sepulchers of his Fathers which is confirmed for that after his death we do not read of any Inquisition made how he came to be slain or that any Body was punished or called in question for it either by the People or his Children as there was for Ammon and Joas 2 King. 12. 10. 14. 5. 21. 24. but on the contrary in respect to Kingly Dignity and his Fathers Family they chose Azariah his Son King. Hence we may conclude that the chief States or Ordines of Jerusalem had a rightful Power to choose a King out of the Family of David whom they pleased and when elected him either to eject or punish according as he did or did not observe the Laws So the Danes dethroned and imprisoned Christiern their Tyrant King till he dyed and chose his Uncle in his room It is not unknown how Gustavus Erickson freed himself and his Subjects from their Subjection to the Danes and also how they kept their King Captive for Male-Government which they translated to his Brother To say nothing of England and Scotland Poland keeps its ancient Right of choosing their Kings on certain Terms and Conditions with this Salvo That it may be lawful to be quit of their Oath if the King keep not his as it may appear by their Election of Henry Brother to the King of France which agrees with Bishop Valentine Procurator for the King in that Election who in his Oration to the People publickly made and printed commended them for that they did limit and circumscribe the Power of the King by wise Laws So the Venetians whose General Council hath Authority of choosing their Duke reserving Power to themselves of deposing or punishing them if he endeavour or do any thing Tyrannically So the Venetians constitute their Duke not as an Idol but as a Prince and Monarch from whom without any danger of Tyranny all the Lawful Priviledges and Prerogatives of Kings do issue and flow Now as their General Council have all the Authority of choosing him observing their ancient Rites and Customs used therein so the same Council retain to themselves the Right of deposing or punishing him if he govern Tyrannically without which Power all the rest would signifie little So consider that Wise and Prudent Nation of Spain In the Fourth Council of Toledo cap. 74. held 1144. according to Sigibert's Computation and consisted both of Ecclesiasticks and of the States of that Kingdom it is thus recorded viz. Nullus apud nos sub presumptione regnum arripiat c. Let no Man presume to take upon him the Government of this Kingdom no Man move or stir up Sedition among the Citizens no Man design the Destruction of the King but when the King dies let the Princes and Peers of the Nation with the Priests constitute the Successor in Common Council that whilst Unity and Concord are preserved amongst us no Discord may arise But if this Admonition do not quiet our Minds and move our Hearts to endeavour the common Good then hear our Sentence Whoever of us or of all the People of this Nation shall by any Conjuration or Study violate the Sacrament of his Faith or Allegiance which for the State of his Country and of the Gothick Nation or for the Preservation of the Welfare of the King he had promised or plighted or shall compass the Kings death or divest him of his Power or by any Tyrannical Presumption shall attempt or usurp the Crown Let him be Anathema Accursed in the sight of God the Father and his Angels and from the Catholick Church which by Perjury he hath profaned and from all the Company of Christians with all his Associates in iniquity be for ever debarred because it must needs be that the same Punishment is due to all the Complices and Companions in the same Crimes which we again the second time repeat Quod iterum secundo replicamus dicentes quicunque à modo c. And therefore may it please all here present by your consent to confirm this Sentence the third time by the Universal Clergy or People it is pronounced that whoever shall presume against this our definitive Sentence Let him be Anathema Maranatha i. e. Accursed at the coming of the Lord and that he and his Fellows may have their Portion with Judas Iscariot Amen Wherefore we admonish the whole Church of God and the People that no Man presume to condemn this dreadful Sentence but that they keep their plighted Faith towards our glorious King Sisenand c. And we humbly require thee our present King and all future Princes that
become forfeited for Mal-government should not return unto them who delegated it as well from Kings as from Consuls Senates Tribunes Duumvirates Triumvirates Decemvirates Ephori or any other form of Government is past all understanding It is also scornfully objected this is to be a Duke of Genoa a Duke of Venice not a King. They who have so mean conceits of such Governments which in reality are as much approved and allowed by God as Kingly even by the same Scripture are not worthy to preside in any Government If the Opinion of the Millenaries be true and Christ shall come and reign upon the earth 1000 Years will he not do all things for the good of the Governed Will not his eyes be on the faithful of the Land and on them that excel in virtue will he not hate the works of them that turn aside will he know a wicked Person except to condemn him will he suffer them that have High Looks or Proud Hearts will not his eyes be on the faithful of the Land that they may dwell with him shall not they that walk in a Perfect way serve him shall they that work Deceit dwell in his House or they that tell Lies tarry in his sight and will he not destroy all the Wicked of the Land and cut off all wicked doers from the City of the Lord And cannot Kings do the same whether their power be absolute from God or delegated from the People Hath not Christ been among us already as him that serveth and shall his Vicegerents think it below them to be like their Master Were it not the most desirable condition in the World for Kings Christian to be so seated on Thrones as it could not possibly be in their power to do the least injury to the meanest of their Subjects and yet do good to all Would not this be a condition acceptable in the sight of God and Man would not they thereby become Deliciae humani Generis as once Titus was Will nothing please but quod libet licet their Wills and Pleasures to be their Laws that Justinian-like when instigated by an Imperious Whorish Comedian Theodora they may securely commit Outrages and Cruelties sans nombre or when tickled with a Dancing Herodias shall take off any Head though of a John Baptist or when in the midst of Adulterous Embraces shall betray the strength of a Nation to a Dalilah at pleasure and all these uncontrollably When the Romans had cashiered Proud Traquin their King and in him Kingship they delegated their Power on Two Consuls to be check one upon the other that if one exceeded or abused his Power he might be curb'd by the other and though both should agree to usurp or extend the power given to the prejudice of the People yet both Consuls and all other Magistrates were to be obedient to the Senate whenever the Patricians and People thought fit which was always had in esteem as the Peoples Champion and Defender of their Rights and Laws Tull. orat pro Sestio The like subject were the Decemviri and all other the Magistrates to the Senate insomuch that sometimes the Counsuls were esteemed Enemies before they quitted their Consulship and the Senate took Arms against them So War was raised by the Authority of the Senate against Anthony the Consul for his misdemeanors during his Consulship On the contrary Trajan that Excellent Emperor believing him to have been sent from Heaven to redeem them from the slavery of former Tyrants and to restore unto them their antient Liberties when he gave the Sword the Ensign and Badge of Majesty and Power unto Saburanus Praefect of the Praetorian Cohorts saying Accipe hunc Gladium pro me si recie agam sin aliter in me magis quod moderatorem omnium vel errare minus fas est Use this Sword for my Defence whilst I govern as I ought if otherwise to my Destruction Comite Cestriae Gladium Sancti Edvardi qui Curtein dicitur ante regem bajulante in signum quod comes est Palatii Regem si oberret habeat de Jure Potestatem cohibendi suo sibi scilicet Cestrensi Constabulario ministrante virg● Populum cum se incrdinate ingereret sub●rahente Matth. Paris lib. 3. p. 563. N. 10. At the Marriage of Henry III. King of England with Elianor Daughter of Raymund Earl of Provence the Earl of Chester carried the Sword of St. Edward called Curtein before him in token that he was Master of the Palace and that he had publick Authority to curb the King if he erred The same Ensign of publick Authority is continued to this very day before the Kings of England King Charles II. at his Coronation being set in a rich Chair under a glorious Cloth of State Sir Gilbert Talbot Knight Master of the Jewel-House presented the Sword of State also the Sword called Curtana and two other Swords to the Lord High Constable who took and delivered them to the Lord High Chamberlain and laid them on the Table before the King. The like Powers had the Masters of the Palace in France and other Countries It is plain that though that great and just Emperor Traj an had so great Power conferred on him yet was so just as to appoint a Judge though inferior to him over his Actions How much more just therefore was he when he superior in Power having all the Armies and Conquests at his beck and consequently could not be forced to obey the Senate or People yet would do it in respect of his Office and Duty to his Delegators and thereby acknowledge them to be his superior of whom Pliny in his Panegyrick saith That senatus ut susciperet quartum Consulatum rogavit jussit Which are words of Command and they that might Command might Judge and Censure So Marcus Aurelius the Emperor when Cassius the Praefect of Syria endeavoured to deprive him of his Kingdom offered himself to the judgment of the Senate and the People of Rome as it should seem best unto them Now who could better judge of Kingly Power than such just and upright Kings and in their own Cause Certainly by the Law of Nature all good Kings have the Senate or the People both for their Peers and Superiors in some Kingdoms though Tyrants hated both of God and Man will neither have Superior nor Peer As of old Laws the Law of Nature guiding by force were devised so when Laws came to be despised and slighted by the same Law of Nature there must recourse be had unto force again so to think is just and prudent so to do is true courage so to think and do is the height of a prudent vertue This remains indelible in Nature That the Senate or People are always Superior in some Countries to Kings good or bad the reason is natural for that the People do transfer their own Power or to speak yet more properly the use and exercise of some of their own Power unto Kings the