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power_n king_n law_n limit_v 3,744 5 10.3160 5 false
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A37294 A word without-doors concerning the bill for succession J. D. 1670 (1670) Wing D48; ESTC R24908 8,795 11

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of Power and Authority in the same kind in different Countreys I shall begin said he with that of the Roman Empire which though it be the first in dignity amongst Christian Princes yet it is so restrained and limited by the particular Laws of the Empire that he can do much less in his State than other Kings in theirs He can neither make War nor exact any Contribution of Men or Money but by the consent of all the States of the German Diet And as for his Children and Relations they have no Interest or pretence to succeed but only by Election if they shall be thought worthy Nay the chiefest Article the Emperor swears to keep at his admission to that Honour is That he shall never endeavour to make the Dignity of the Empire Hereditary to his Family In Spain and in France the Priviledges of Kings are much more eminent both in Power and Succession their Authority is more absolute every Order of theirs having the validity of a Law and their next of blood does ordinarily inherit though in a different manner In Spain the next Heir cannot succeed but by the approbation of the Nobility Bishops and States of the Realm In France the Women are not admitted to succeed let them be never so lineally descended In England our Kings are much more limited and confined in their Power than either of the two former for here no Law can be made but by consent and authority of Parliament and as to the point of Succession the next of kin is admitted unless in extraordinary cases and when important Reasons of State require an alteration And then the Parliaments of England according to the Ancient Laws and Statutes of the Realm have frequently directed and appointed the succession of the Crown in other manner than in course it would have gone of which I shall give you some examples in order But first let us look abroad and see how things have been carried as to this point in other Countreys Amongst the Jews the Law of Succession did ordinarily hold and accordingly Rehoboam the lawful Son and Heir of Solomon after his Fathers decease went to Sichom to be crowned and admitted by the people and the whole body of the people of Israel being there gathered together did before they would admit him their lawful King make unto him certain propositions for taking away some heavy Taxes that had been imposed on them by his Father Solomon which he refusing to gratifie them in and following the advice of young men Ten of the Twelve Tribes immediately chose Jeroboam a Servant of Rehoboam's a meer stranger and of mean Parentage and made him their King and God approved thereof as the Scriptures in express words do testifie for when Rehoboam had raised an Army of One hundred and fourscore thousand men intending by force of Arms to have justified his Claim God appeared unto Semajah and commanded him to go to Rehoboam and to the House of Judah and Benjamin saying Return every man to his house for this thing is of me saith the Lord. So that since God did permit and allow this in his own Commonwealth which was to be the pattern for all others no doubt he will approve the same in other Kingdoms whenever his service and glory or the happiness of the Weal-publick shall require it The next Instance I shall give you shall be in Spain where Don Alonso de la Cerda having been admitted Prince of Spain in his Father's life-time according to the custom of that Realm married Blancha Daughter of Lewis the first King of France and had by her two Sons named Alonso and Hernando de la Cerda but their Father who was only Prince dying before Alonso the ninth then King he recommended them to the Realm as lawful heirs apparent to the Crown But Don Sancho their Fathers younger Brother who was a great Warrier and sirnamed El Bravo was admitted Prince and they put by in their Grandfathers life-time by his and the States consent and this was done at a Parliament held at Segovia in the year 1276 And in the year 1284 Alonso the 9th being dead Don Sancho was acknowledg'd King and the two Princes imprisoned but at the Mediation of Philip the third King of France their Uncle they were set free and endowed with considerable Revenues in Land and from them do descend the Dukes de Medina Celi at this day and the present King of Spain that is in possession descendeth from Don Sancho In France Lewis the 4th had two Sons Lothairin who succeeded him and Charles whom he made Duke of Lorrain Lothairin dying left an only Son named Lewis who dying without issue after he had reigned two years the Crown was to have descended on his Uncle Charles Duke of Lorrain But the States of France did exclude him and chose Hugo Capetus Earl of Paris for their King and in an Oration made by their Embassador to Charles of Lorrain did give an account of their Reasons for so doing as it is related by Belforest a French Historian in these very words Every man knoweth Lord Charles that the Succession of the Crown and Kingdom of France according to the ordinary Rights and Laws of the same belongeth unto you and not unto Hugh Capet now our King But yet the same Laws which do give unto you such Right of Succession do judg you also unworthy of the same for that you have not endeavoured hitherto to frame your life according to the prescript of those Laws nor according to the use and custom of the Kingdom of France but rather have allied your self with the Germans our old Enemies and have accustomed your self to their vile and base Manners Wherefore since you have abandoned and forsaken the ancient Virtue Amity and Sweetness of your Country your Countrey has also abandoned and forsaken you for we have chosen Hugh Capet for our King and have put you by and this without any scruple in our Consciences at all esteeming it far better and more just to live under Hugh Capet the possessor of the Crown with enjoying the ancient use of our Laws Customs Priviledges and Liberties than under you the next Heir by blood in Oppression strange Customs and Cruelty For as they who are to make a Voyage in a Ship on a dangerous Sea do not so much respect whether the Pilot claims Title to the Ship or no but rather whether he be skilful valiant and like to bring them in safety to their ways end even so our principal care is to have a good Prince to lead and guide us happily in this way of Civil and Politick life which is the end for which Princes are appointed And with this Message ended his Succession and Life he dying not long after in Prison And now I shall come home and give you an Instance or two in England since the Conquest and so conclude William Rufus second Son of William the Conqueror by the assistance of Lanfrank Archbishop of