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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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at such time as it confines it self within its just limits No Man of judgment will ever condemn any sort of Government whatsoever when is it settled and is agreeable to the Humour and Genius of the People What I have advanced that toucheth them the most to the quick is taken from a Sermon that Gerson Chancellor of the University of Paris Preached before King Charles the VI. and the Dolphin who found no fault with it If I have defended the Conduct and Proceeding of the Parliament of England it is because they have changed the Governor only but not the Government and that it had substituted in the room of an Oppressor a pious just and wise Prince Nay and a Prince too who was rightful Heir to the Crown whom they went about to dispoil and devest of his Rights by a certain fraudulent way never heard of in any Age. Some may be apt to say that this Treatise would have come more seasonably three Years ago then now I grant that but I had not then the opportunities and helps I met with since which were absolutely necessary for me nay I must confess I had not so much as thought of it had it not been for an insipid and impudent French Book which hath made a great Noise in the World 't is call'd Advis aux Refugiez the impertinent Scribler of this Libel by establishing Absolute Power in a gross manner which smells more of his Pension then of Love for Truth hath wickedly charged all those of his Nation of Rebellion who did not blindly obey the Will of their King and involves the English Nation in the same if not in a greater for loving its Religion and its Laws I was moreover confirmed in my Design by the reading of a posthumons Piece of Richer Dr. of Paris which was published the last Year as well as the other and upon the same Accunt I have in compiling this Piece been more solicitous about things than words and that is the Reason why one will scarce find in it any Ornaments but such as do naturally arise from the subject Matter whether I have succeeded well in the Design I have propounded to my self I leave that to the Readers judgment I will assure him only that I have been exceeding faithful in whatsoever I have reported from the Authors I have quoted The Defence of the Parliament of England in the Case of JAMES the Second NExt to the Questions that are conversant about Faith there is not any one of greater consequence we meet with that falls under debate than that Question touching Regal Power for it highly concerns the Publick to understand whether or no it be limited and circumscribed by humane Laws or is to be accounted supreiour to them all It will be therefore worth our while especially in this new unexpected Conjuncture and change of the British Affairs that have so much astonished the World to attempt some discourse of it exactly and succinctly But now to decide each Controversie that may arise concerning Regal power as well by divine as humane Rights nothing seems more to the purpose than to begin with the Authority Ecclesiastical tempered and allayed with the Civil for since it consists of both Rights it deservedly holds the first place and amongst humane Authorities is lookt upon as the greatest Come on then as Studiers of brevity laying aside any further preamble let us hasten to the matter in hand CHAP. I. Decrees of several Councils whereby the Regal Power is Circumstantiated and Bounded within its Limits THe Fourth Council of Toledo assembled out of Ecclesiastical persons and States of the Realm Anno 633. which is named by the Spanish Councils The Grand and General Council concerning Kings that shall hereafter succeed We Enact and Decree this Sentence ●aith the Council that if any amongst them contrary to the respect due to the Laws out of an haughty arbitrary ambition to Lord it over his Subjects shall assume and exercise Cruelty and Tyrannical power and shall abandon himself to unjust and vitious excesses and shall exercise cruelty over his People Let him be condemned by the Sentence of Anathema from our Lord Christ and may be receive judgment and condemnation from God for asmuch as he hath presumed to act wickedly and to bring the Kingdom to ruin and destruction But as for Simithilana who dreading his own evil courses hath abdicated and forsaken his Kingdom and divested himself of Regal Authority It is by and with the consent of the Nation Decreed That we will never admit him or his Wife by reason of the exorbitant mischiefs they have committed no nor his Sons into our Unity or Communion nor over advance or promote them at any time to those Dignities and Honours from which they by their iniquity have lapsed and fallen 'T is to be observed that this Convention or Synod composed of the States of the Nation or rather of the whole Nation in general do in the Synod put Kings in mind of their duty and withal do exert their power upon male-administratours and that not in words only but in truth and effect as evidently appears by the example of Simithiliana between whom and King James there is a most wonderful and particular resemblance as also an exact conformity and agreement between the Synod and Act of Parliament The Sixth Council of Toledo assembled of Ecclesiastical persons and States of the Nation An. 676. a Law of King Chintilanus about banishing the Jews out of the Realm being introduced with commendations annexed the Synod adds these words But this is by us with all care and diligence to be established least the heat and energy of it and our labour should abate and prove of none effect in our Posterity wherefore by an unanimous consent of heart and tongue together with the consent of his Peers and mature deliberation of the Nobility we decree and enact That whosoever in future Ages shall chance to be intrusted with the supream management of the Realm shall never aseend the Regal Throne before amongst other obligations and solemn Oaths of conditions to be performed he shall promise and declare that he will vever suffer the Jews to violate the Catholick Faith moreover that by no manner of wayes he shall be abetting to their treachery or induced by any neglect or covetousness shall open the way to their prevaricating who run headlong to down right Paganism and Infidelity but what is most aimed at and desired in our time is that he should remain untainted and blameless for the future for in vain is it to do good if perseverance in the same be not provided for wherefore at such time as conformable to the said order he shall be admitted and have access to the Throne to hold the reins of Government if he shall prove to be a violator of this promise let him be Anathama Maranatha from the presence of the everlacting God and may he afford fuel to everlasting Fire yea of