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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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the best as the Romans many yeares were governed by Consuls and Senatours and at this day the States of this countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperour King Duke Earle or the like these particular Formes of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all but these particular Formes are left unto every Nation and countrey to chuse that Forme of Government which they shall like best and thinke most fit for the Natures and conditions of their People which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kindes of Governments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of Mens Natures customes educations and other such causes that made them make choice of such or such Forme of Government And this might be proved also by infinite other Examples both of times past and present and in all Nations and countries both Christian and otherwise which have not had onely different fashions of Governments the one from the other but even among themselves at one time one Forme of Government And another at other times for the Romans first had Kings and after rejecting them for their evil Government they chose Consuls which were two Governours for every Year whose Authority yet they limited by a multitude of senatours which were of their counsel and these Mens power was restrained also by adding Tribunes of the People and sometimes Dictatours and finally they came to be governed last of all by Emperours The like might be said of Carthage in Africa and many Cities and Common-wealthes of Grece which in divers seasons and upon divers causes have taken different Formes of Government to themselves The like we see in Europe at this day for in onely Italie what different Formes of Government have you Naples hath a King for their Soveraigne Roma the Pope and under him one Senatour in place of so many as were wont to be in that Common-wealth Venice and Genua have Senatours and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes onely without Senatours and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gasconie and Britaine the lesser all which once had their distinct Kings and now have Dukes for their supreme Governours The like may be said of all Germany that many Yeares together had one King over all which now is divided into so many Duke ●omes Earldomes and other like Titles of Supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdomes this day in Spain which were first Earldomes onely and after Dukedomes and then Kingdomes and now again are all under one Monarchy The like is of Bohemie and Polonia which were but Dukedomes in old time and now are Kingdomes The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many Yeares under Clodion Meronys Childrik and Clodovaus their first christened Kings but after they divided it into four Kingdomes to wit one of Paris another of Suessons the third of Orleans and the fourth of Metts and so it continued for divers yeares but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Britaines and then a Province under the Romans and after that divided into seven Kingdomes at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar People also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captaines as Moses Joshua and the like then under Judges as Othoniel Aiod and Gideon then under high Priests as Heli and Samuel then under Kings as Saul David and the rest and then under Captaines and high Priests again as Zorobabel Judas Machabeus and his Brethren untill the Government was lastly taken from them and they brought under the power of the Romans and forreigne Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change the same upon reasonable causes as we see in all times and Countries and God no doubt approveth what the Realme determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded In like manner is it evident that as the Common-wealth hath this Authority to chuse and change her Government so hath she also to limit the same with what Lawes and conditions she pleaseth whereof ensueth the great diversity of Authority and power which each one of the former Governments hath as for example the Consuls of Rome were but for one year other Officers and Magistrates were for more or lesse time as their Common-wealth did a lot them The Dukes of Venice at this day are for their lives except in certain cases wherein they may be deposed and those of Genua onely for two yeares and their power is very small and much limited and their Heires have no claime or pretence at all after them to that Dignity as the children and next of kin of other Dukes of Italy have though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited onely to Heires male and for defect thereof to return to the Pope or Sea of Rome Florence and Mantua for like defects are to returne to the Empire and do not passe to the Heires female or to the next of kin as Savoy and some others do And now if we respect God and Nature as well might all these Governments follow one Law as so different for that neither God nor Nature prescribeth any of these particular Formes but concurreth with any that the Common-wealth it selfe appointeth and so it is to be believed that God and Nature concurred as well with Italy when it had but one Prince as now when it hath so many and the like with Germany and also with Swizerland which once was one Common-wealth onely under the Dukes and Marquesses of Austria and now are divided into thirteen Cantons or Common-wealths under popular Magistrates of their own as hath been said so as when Men talke of a natural Prince or natural Successour as many times I have heard the word used if it be understood of one that is borne in the same Realme or Countrey and so of our own natural Bloud it hath some
truly nor the example of one Princes punishment maketh another to beware for the next successour after this noble Edward which was King Richard the second though he were not his son but his sons son to wit son and heire to the excellent and renowned black Prince of Wales this Richard I say forgetting the miserable end of his great Grandfather for evill government as also the felicity and vertue of his Father and Grandfather for the contrary suffered himselfe to be abused and misled by evill councellours to the great hurt and disquietnesse of the Realme For which cause after he had reigned 22. yeares he was deposed by act of Parliament holden in London the yeare of our Lord 1399. and condemned to perpetuall prison in the Castle of Pomfret Polyd. l. 20. hist Aug. 1399. where he was soon after put to death also and used as the other before had been and in this mans place by free election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards a notable King and was father to King Henry the fifth sirnamed commonly the Alexander of England for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares so did this Henry conquer France in lesse then the like time I might reckon also this number of Princes deposed for defect in government though otherwise he were no evill man in life this King Henry the fourths nephew I mean King Henry the sixt who after almost forty yeares reigne was deposed imprisoned and put to death Polyd. l. 23. ●istor Anglie together with his sonne the Prince of Wales by Edward the fourth of the house of Yorke and the same was confirmed by the Commons and especially by the people 〈◊〉 London and afterwards also by publicke Act of Parliament in respect not only of the title which King Edward pretended but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife and had broke the articles of agreement made by the Parliament between him and the Duke of Yorke and solemnly sworne on both sides the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government though for his owne particular life he was a good man sentence was given against him partly by force and partly by law and King Edward the fourth was put in his place who was no evill King and all English men well know but one of the renownedst for martiall acts and justice that hath worne the English Crowne But after this man againe there fell another accident much more notorious which was that Richard Duke of Glocester this King Edwards yonger brother did put to death his two nephews this mans children to wit King Edward the fifth and his little brother and made himselfe King and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead he might in reason seem to be lawfull King both in respect that he was the next male in blood after his said brother as also for that by divers acts of Parliament both before and after the death of those infants his title was authorised and made good and yet no man wil say I think but that he was lawfully also deposed again afterward by the Commonwealth An. 1487. which called out of France Henry Earle of Richmond to chastise him and to put him downe and so he did and tooke from him both life and Kingdome in the field and was King himselfe after him by the name of King Henry the seventh and no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before named that were deprived to wit John Edward the second Richard the second Henry the sixt and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinit important acts in their Commonwealths and among other have raised many houses to Nobility put downe others changed states both abroad and at home distributed Ecclesiasticall dignities altered the course of discent in the blood Royall and the like all which was unjust is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that doe pretend the Crowne of England at this day can have any title at all for that from those men they descend who were put up in place of the deprived And this may be sufficient for proofe of these two principall points that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed and assisted the same with good successe unto the Weal-publique and if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth power and authority to alter the succession of such as doe but yet pretend to that dignity if there be due reason and causes for the same The fourth Speech TRuly Sir I cannot deny but the examples are many that this Gentleman hath alleaged and they seeme to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put downe by their Common-wealths for their evill government And good successors commonly raised up in their places and that the Common-wealth had authority also to doe it I doe not greatly doubt at leastwise they did it de facto and now to call these facts in question were to embroyle and turne up-side-down all the States of Christendome as you have well signified but yet for that you have added this word lawfully so many times in the course of your narration I would you tooke the paines to tell us also by what Law they did the same seeing that Belloy whom you have named before and some other of his opinion doe affirme Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. That albeit by nature the Common-wealth have authority over the Prince to chuse and appoint him at the beginning as you have well proved out of Aristotle and other wayes yet having once made him and given up all their authority unto him he is now no more subject to their correction or restraint but remaineth absolute of himselfe without respect to any but onely to God alone which they prove by the example of every particular man that hath authority to make his Master or Prince of his inferiour but not afterwards to put him downe againe or to deprive him of the authority which he gave him though he should not beare himselfe well and
300. years after recorded by the same author of the Emperour Michaell the first in these words The Grecian Emperours oath Michaell ubi dilaxit magnam ecclesiam ingressus a Patriarcha Nicephoro imperatorio diademate est ornatus post silato scripto quo promilleret se nulla eccleisa instituta violatu●um neque christianorum sanguine manus contaminaturum Zon. To● 3. in vita Mich. An. 820. ●hich is Michell new chosen Emperour came early in ●he morning into the great Church of Constantinople and was crowned there with the Emperial crown by the hands of Nicephorus the Patriarch but yet so as he was first required to swear and promise by writing that he would never violate the ordinances of the Church nor contaminat is hands with christian bloud which in effect is as much to say as that he should reign godly justly many other such examples might be alledged but by this it is easie to see what was the fashion of admitting crowning those Grecian Emperours by their Patriarks in the name of all the Common-wealth which Common-wel●h was not satisfied with an oath except also it were set down in writi●g And if we passe to the Latine VVest Empire which about this very time was restored by Zachary the Pope by the whole Common-welth of Rome was given to Cha●les the great his Posterity we shall find that this point is more setled more inviolably kept vet in this Empire then in the other for albeit that this Empire 〈◊〉 West went by succession for the most part at the begining untill afterwards it was appointed by Pope Gregory the 5. to passe by the election of certaine Princes in Germany that now enjoy that priviledge to be Electors yet shal we see alwayes that they even before this constitution when this dignity went by succession were never admi●ted to the same without this circumstance of swearing to conditions of righteous government the forme manner o which admission for that I find it set down more perfectly perticulerly in the coronation of O●ho the I then of any other Emperor that by many Authors that this Otho was son heyr unto the famous Emperor of Hen. 1. of that name Duke of Saxony surnamed the Faulkner for the great delight ●e had in the flight of Faulcons Saxo Gram. l. 10. Cranzio l. 3. metro c 12. for these causes I mean to begin with the coronation of this man before any other This otho then son to H. ● though being his heir so named by H. himself to the inheritance of the said r●●wn of Germany yet was he not admitted thereunto untill he had made his oath received his new approbation by the people for so the story saith that the Archbishop of Moguntia the chief Prunate of all Germany bringing him to the Alter where he must swear said these words unto the people Behold I bring you here Otho chosen by God appointed ou● by his Father Henry our Lord now made King by all the Princes of this Empire if this election please you do you signifie the same by ho●●din● up your hands to Heaven Whitich ndus gest Saxon lib. 1. And the● upon the said Archbishop turned about to the Alter where lay all the ornaments ensigns of the Empire as the sword with the girdle the cloke with the bracelets th● staf with the scepter diadem every one whereo● the Archbishop out up ●n the Emperor telling him the signification of every thing what it did bind him un●o as for example when he put the sword about him he said accipe hunc gladium quo ejicias omnes Christi adversari●s ma●os christianos authoritate divino per Episcopos tibi tradita w●t●chin l. 2 which is take unto thee this sword wh●reby thou mayst cast out drive away all the enemies of Christ whether they be barbarous infidels or evill christians this by the authority of God delivered unto thee by us And thus he ●id with all other ornaments ensigns telling the signification obligation of every one taking the Emperours promise to perform all And after al Rex persusus olco sancto co●onatur diademate aureo ab Episcopis ab eisdem ad soticitur in eo colocatur The King being annointed with holy oyle was crowned by the Bishops and by the same was brought to the royall seat and therein placed This happened about the year of Christ 940. and the ceremony is recounted in ore amply in this mans coronation then in any other both for that he was a very noble prince and the very first of the Germain nation that was lawfully and orderly preferred to the imperiall feat after that it passed from the children of Charles the great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperour by succession as also by appointment of his Father yet was he chosen and admitted againe by the Princes and people and that he swore to fulfill all those points and conditions which the signification of the Emperial ornaments did bind him unto After this about 60 Yeares or more Pope Gregory the 5. in a synod holden in Rome did by the consent of Otho the 3. Emp●ror Nephew unto this other Oth● appoint a certain form of Election for the time to come of the German Emperour that he should be chosen by six Princes of Germany three eclesiasticall which are the Arch-Bishops of Moguntia Colen and Trevires and three temporall Lords Blend decad 2 li. 3 Crant l. 4. cap. 25. Duke of Saxony the County Palatine of Rhene and the Marques of Brandeburg and when these 6 voices should happen to be equally devided then that the Duke of Bohemia for then it was no Kingdom should have place also to determin the election All which was determined in the Y●are of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and states of the world and so endureth unto this day And among all other points of this his Coronation and his Oath to be taken for his well government was and is most exactly set downe and recorded by many historiographers of that time and since But I shall alleadge them only out of Iohn Sleydan as the most convenient Authour for this our time and purpose Sleyd l. 1. Histor An. 1519. First of all after any man is chosen Emperor he is to be called only Cesar and the King of the Romans and not Emperour untill he be Crowned and the conditions which he sweareth unto presently after his election Are to defend the Christian and Catholique Religion to defend the Pope and Church of Rome whose advocate he is to minister iustice equally to all to follow p●ace to keepe and observe all Lawes Rights and Priviledges of the Empy●e not to alienat or engage the possessions of the Empyre to condemn