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A91487 Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes. Parsons, Robert, 1546-1610, attributed name. 1648 (1648) Wing P573; Thomason E521_1; ESTC R203152 104,974 80

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and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt Book of Decretal● now in print Lib. 6. de cret tit 6. de supplenda cap. Grand 1. And this King Don Alonso the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal all the dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time ●t ha● acknowledged and he left for his successor his so●● and heire Don Dionysi●el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deli●e●ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse of Christ under his feet and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement which are yet extant In literis reip Polon ad Henr. Valesium pag. 182. 184. Vide Gagneum part 1. de rebus Polon In Suetia What should I name the deprivations of Henry King of Suetia who being lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne reigned King of Polonia Polin 1. 32. Histor de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he was deprived and driven into banishment together with his wife and three children all which were disinherited and his Vncle Frederick Prince of Holsatia was chosen King who●e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour of that name and were of kin also to King Henry the eight in England yet could he never get to be restored ●●●pessed his time miserably partly in banishment and partly in prison untill he died Sleydon l. 4. hist An. 1532. Mu●st lib. 3. Cosmogra in d●script D●●i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Ed●in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contempt●ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall prison in which he was at that present in the Castle of Wallingford whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him to wit how they had deprived him and chosen Edward his son in his place Stow in the life of King Edward the 2. for which act of choosing his son he thanked them heartily and with many teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe of his office in his presence and discharged his servants of their service and all other people of their obedience or allegiance toward him and towards his maintenance he had only a 100 marks a year allowed for his expences and then was hee delivered also into the hands of certain particular keepers who led him prisoner from thence by divers other places using him with extreme indignity in the way untill at last they took his life from him in the Castle of Barkley and his son Edward the third reigned in his place who if we respect either valour prowesse length of reigne acts of chevalry or the multitude of famous Princes his children left behind him was one of the noblest Kings that ever England had chosen in the place of a very evill one But what ●hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
the proud their seventh and last King was expelled by the Senate for his cruell government and the whole manner of Government changed Tit. liv li. 1. doc 1. Eutrop l. 1. Wee see the successe was prosperous so that not onely no hurt came thereby to the Commonwealth but exceeding much good their government and increase of Empire was prosperous under their Consulls for many yeares in such sort that whereas at the end of their Kings government they had but fifteen miles territory without their City it is knowne that when their Consulls government ended and was changed by Julius Caesar their territory reached more then fifteen thousand miles in compasse for that they had not only all Europe under their dominion but the principall parts also of Asia and Africa so as this chastisement so justly laid upon their Kings was profitable and beneficiall to their Commonwealth When Julius Caesar upon particular ambition had broken all Law both humane and divine and taken all government into his owne hands alone he was in revenge hereof slaine by Senators in the Senate-house and Octavianus Augustus preferred in his room who proved afterwards the most famous Emperor that ever was I might note here also how Nero sixth Emperour of Rome which succeeded lawfully his Unckle Claudius in the Empire and being afterward deposed sentenced to death by the Senate for his wicked government which was the first judiciall sentence that ever the Senate gave against Emperours albeit peace ensued not presently but that Galba Otho and Vitellius three great Captaines of the Empire made some little enterludes of tragicall killing of one the other Cornel Ta●it lib. 20 21. Egesp l. 5. yet within few months the whole Empire by that meanes fell upon Vespasian and his son Titus two of the best governours that those times ever saw The like might be noted of the noble ranke of five excellent good Emperors to wit 〈◊〉 Traian Adrian Antonius Pius and Marcus Aurelius that ensued in the Empire by the just death of cruell Domitian Europ in viti Caesa which execution the Senate is thought in secret to have procured being not able to performe it openly by Justice which was seen by that that when the act was done the Senate did presently by publique decree allow of the some and d●sanulled all his barbarous acts for his exceeding cruelty and commanded his armes and memories to be p●lled downe every where and chose for his successour one Cocc●nis Norva an italian a man of excellent vertue by whom they enjoyed not only the most prosperous time of his government but of all those other foure before named that ensued him no lesse worthy then himselfe Not long after the succession of these excellent good Emperours that came to the Crown by lawfull discent of blood a youth named Anto●inus Heliogtholus son of the Emperour Antoninus Caracalla and nephew to the most famous and noble Emperour Septimius Serverus that dyed in England Which youth as he was greatly loved and honoured a great while for so worthy a grandfather so afterwards for his owne most beastly life and foule actions An. Dom. 124. he was deprived and put to death by the Souldiers of Rome at the request and common desire both of the people and Senate when he had reigned six yeares and yet was but twenty yeares of age when hee was put downe Alius lap in vita Heliog and his death and deprivation was approved by publique act of the Senate who ordained also in his detestation that never Emperor after him should bee called more Antoninus and so it was observed though no other name had ever been more gratefull before to the world for the remembrance of the good Emperors that had been so called This man being chastized as is said there was preferred to the Empire in his room a goodly young man of his next kindred named Alexander Severus son to Mamonea which was sister to Holiogabolus his mother and being admitted by common consent both of the Senate People and Army Herod in vit Seven he proved one of the most rarest Princes for his valour and vertue that ever the Roman Empire hath had so as the worthinesse of Severus seemed to recompence fully the wickednesse of Heliogabolus I might name divers other such examples and among the rest that of Maxentius who being lawfully possessd of the Empire in Rome as it seemed for that he was son to Max●minianus the Emperor that reigned with Dioclesian yet for his tyrannous Government that was intolerable it is supposed that the Senate not being able to match him in open strength sent privily into England and France to invite Constantine to come and do justice upon him and so he did and he being drowned in the river of Tyber Constantine sirnamed afterward the Great succeeded in the Empire and was the man that all men know and the first Emperor that publiquely professed himself a Christian and planted cur faith over all the World and this of the Roman Empire And if we will come lower down and nearer home we have yet another example more remarkable perhaps than all the rest which was the change of the Empire from the East to the West for the evil Government of Constantine the sixth who was deposed first and his eyes put out by his own mother Irene and the Empire usurped by her but being not able to rule it in such order as was needfull for so great a Monarchy though otherwise she were one of the rarest women for valour and wisdome that ever the world had she was deprived thereof by the sentence of Leo the third Pope of Rome and by consent of all the people and Senate of that City and Charles King of France and of Germany surnamed afterward the great was crowned Emperor of the West An. 100. and so hath that succession remained unto this day and many worthy men have succeeded therein and infinite acts of jurisdiction have been exercised by this authority which were all unjust and tyrannicall if this change of the Empire and deposition of Irene and her son for their evill government had not been lawfull It were to long to run over all other Kingdomes yet some I shall touch in such points as are most notorious The two famous changes that have been made of the royall line in France the first from the race of Pharamond and Clodoveus to the line of Pepin and the second from the race of Pepin againe to the line of Hugo Capetus that endureth unto this day Belfor l. 1. Girard l. 3. Aemil. l. Clem. Baudi●●en la chronique des ros de France whereon are they founded but upon the judiciall chastisement and deposition of two cruell Princes the first of Childerie the third lawfull King of France who after ten yeares that he had reigned was deposed by Zachary the Pope at the request of the whole Nobility and Clergy of France or rather his deprivation was by them and confirmed by the Pope to
his uncles own hands in the castle of Roan thereby to make the titl● of his succession more cleare which yet could not be for that as well Stow in his chtonicle as also Matthew of vvestminster and others before him do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife Countesse and he●r of Brit●ain which by the law of England should have succeeded before Iohn but of this small accompt seemed to be made at that day Some yeares after when the Barons and states of England mi●liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be thei● King 3216 and did swear fea●ty to him in London as before hath bin said and they dep●i●●ed also the young prince Henry his sonne that was at that time but of 8 years old but upon the death of his father King Iohn that shorty ●fter insued they recalled againe that sentence and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for t●e 53 yeares afterward the ●ongest reign as I think that any before or after ●im hath had in England Moreover you ●now from this king Henry the third d● take th●ir first beginning the two branches at Yorke and L●ncastee wihch after fe●● to fo great contention about the crown Into which if we would enter we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of th● com●on-wealth fot that as the people were affected and the greater part prevailed ●o ●ere their titles either a lowed confirmed altered or disanulled by Parliament yet may not we well affirm but that either part when they were in possession and confirmed herein by these Parliaments were lawfu●l kings and that God concurred with them as with true princes for government of the people for if we should deny this point great incouveniences wou●d o●ow and we should shake the states of most princes in the world at this day And to conc●ude as one the one side pro●inquity of b●ood is a great ●reheminence towards the atteining of any Crowne so doth it not ever bind the common wea●th to yeeld there-unto if weightier reasons shauld urge them to the contrary neither is the Common-wealth bound bound alwayes to shut her eyes and to admit at ●p-hazard or of necessity every one that is next by succession of b●oud as some fa●se●y and fondly a●●meth but rather she is bound to consider well and maturely the person that i● to enter whether he be ●ike to perform his duty and charge committeed or no for th●t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him t●gether This is my opinion aud this seemeth to me to be conform to al reason aw● religion p●ery wisdome po●●icy and to the use aud customs of all well governed common-wea●thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world but rather do hold that he ought to enjoy his preheminence but yet that he 〈◊〉 not pr●judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe is also to judge of the cause for thereof is he called judge and if he have authority in the one good reason he should also have power to discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane from the Common wealth for that no man is King or Prince by institution of nature as before hath been declared but every King and Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr in blood and succession without a reasonable cause in their sight and censurre And seeing that they only are to be judges of this case we are to presume that what they determine is just and lawfull for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and in other like occasions what can a private man judge otherwise but that they had different reasons and motions to leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick wealth as for example if a Turk or Moor or some other notorious wicked man or tyrant should be offered by succession or otherwise to governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme to the end for which government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here doth