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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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in this world as also in the world to come in that last and most terrible judgement of our great Lord and Saviour Jesus Christ and to have my part with Judas as also with the leprosie of Giezi and with the feare and trembling of damned Cain and besides all this I shall be subject to all punishments that are ordained in the Lawes of their Majesties concerning this affaire This oath did all the Governours of Christian Countries take in old time when Christian Emperors did flourish and it hath remained for a Law and president ever since to all Posterity And if we joyne this with the other oathes before set downe in the fifth chapter which Emperors and Kings did make themselves unto their Ecclesiasticall Prelates at their first admission about this point we should see nothing was so much respected in admission of a Prince or Governor nor ought to be a● religion for that as I have said before this is the chiefest greatest and highest end of every Common-wealth entended both by God and nature to assist their Subjects to the attaining of their supernaturall end by honoring and serving God in this life and by living vertuously for that otherwise God should draw no other fruit or commodity out of humane Common-wealths then of an Assembly of brutish creatures manitained only and governed for to eate drinke and live in peace But the end of man being far higher then this it followeth that whatsoever Prince or Mag●strate doth not attend with care to assist and helpe his subjects to this end omitteth the first and principall part of his charge and committeth high Treason against his Lord and Master in whose place he is and consequently is not fit for that charge and dignity though he should perform the other two parts never so well of temporall justice and valour in his person which two other points do appertaine principally to the humane felicity and baser end of mans weale publick and m●ch ●ore of a Christian Hereof it insueth also that nothing in the world can so justly exclude an Heire apparent from his succession is want of Religion nor any cause whatsoever justifie and cleare the conscience of the Common-wealth or of particular men that in this case should resist his entrance as if they judge him faulty in this point which is the head of all the rest and for which all the rest doe serve I compare an heyre apparant unto a spouse betrothed only and not yet marryed to the Common wealth Which espous●ll or betrothing according to all law both divine and humane may be broken and made voyd much easier and upon far lesser causes then an actuall perfect marrying may of which our Saviour himselfe said Matth. 14. Quos Deus conjunxit homo non separat Mar. 10. whom God hath joyned let no man seperate and yet S. Paul to the Corinthians determineth plainely 1. Cor. 7. that if two gentiles marryed together in their gentility which none denyeth to be true marriage for so much as concerneth the civill contract and afterward the one of them being made a Christian the other will not live with him or her or if he do yet notwithout blaspheming of God and tempting him to sin in this case I say the Apostle teacheth and out of him the Canon law setteth it downe for a decree Lib. 4. decret Greg tit 19. c. 7. That this is sufficient to breake and dissolve utterly this heathen marriage although consummate between these two parties and that the Christian may marry againe and this onely for the want of Religion in the other party which being so in actuall marriage already made and consummate how much more may it serve to undoe a bare bethrothing which is the case of a pretender onely to a Crowne But you may say perhaps that St. Paul speaketh of an Infidel or Heathen that denyeth Christ plainely and with whom the other party cannot live without danger of sin and losing his faith which is not the case of a Christian Prince though he be somewhat different from me in Religion to which is answered that supposing there is but one only Religion that can be true among Christians as both reason and Athanasius his Creed doth plainely teach us and moreover seeing that to me there can be no other faith or Religion availeable for my salvation then only that which I my selfe do beleeve for that my owne conscience must testifie for me or against me Act. 23. 1. Cor. 8. 2. Cor. 5. 1. Pet. 3. certaine it is that unto me and my conscience he which in any point beleeveth otherwise then I doe and standeth wilfully in the same is an Infidell for that he beleeveth not that which in my faith and conscience is the onely and sole truth whereby he must be saved Mat. 18. And if our Saviour Christ himselfe in his Gospell doth will certaine men to be held for heathens not so much for difference in faith and religion as for lack of humility obedience to the Church how much more may I hold him so that in my opinion is an enemy to the truth and consequently so long as I have this opinion of him albeit his Religion were never so true yet so long I say as I have this contrary perswasion of him I shall doe against my conscience and sin damnably in the sight of God to prefer him to a charge where he may draw many other to his owne error and perdition wherein I doe perswade my selfe that he remaineth This doctrine which is common among all Divines Rom. 14 is founded upon that discourse of S Paul to the Romans and Corinthians 1. Cor. 1. 10. against such Christians as being invited to the banquets and tables of Gentils and finding meats offered to Idols which themselves doe judge to be unlawfull to eate did yet eate the same both to the scandall of other infirme men there present as also against their owne judgement and conscience which the Apostle saith was a damnable sin and this not for that the thing in it selfe was evill or unlawfull as he sheweth but for that they did judge it so and yet did the contrary Qui discernit si manducaverit damnatus est saith the Apostle He that discerneth or maketh a difference between this meat and others as judging this to be unlawfull and yet eateth the same he is damned that is to say he sinneth damnably or mortally Whereof the same Apostle yeeldeth presently his reason Quia non ex fide for that he eateth not according to his faith or beleefe but rather contrary for that he beleeveth it to be cruell and unlawfull doth notwithstanding eate the same and hereupon S. Paul inferreth this universall proposition Omne autem quod non est ex fide peccatum est all that is not of faith or according to a mans owne beleefe is sin to him for that it is against his owne conscience judgement and beliefe beleeving one thing and doing another S. Chrysost hom 36. in hanc epistolam Orig. l. 10. Theodor. in hunc locum And seeing our owne conscience must be our witnes at the last day to condemne or deliver us as before I have said he must needs sin grievously or damnably as the Apostle here saith who committeth any thing against his owne conscience though otherwise the thing were not onely indifferent but very good also in it selfe for that of the doers part there wanteth no malice or will to sin seeing he doth that which he apprehendeth to be naught though in it selfe it be not And thus much now for matter of conscience but if wee consider reason of State also and worldly pollicy it cannot be but great folly and oversight for a man of what Religion soever he be to promote to a kingdome in which himselfe must live one of a contrary Religion to himselfe for let the bargains and agreements be what they will and faire promises and vaine hopes never so great yet seeing the Prince once made and setled must needs proceed according to the principles of his owne Religion it followeth also that he must come quickly to break with the other party though before he loved him never so well which yet perhaps is very hard if not impossible for two of different religions to love sincerely but if it were so yet so many jealousies suspitions accusations calumniations other aversions must needs light upon the party that is of different Religion from the State and Prince under whom he liveth as not onely he cannot be capable of such preferments honours charges governments and the like which men may deserve and desire in their Common wealths but also he shall bee in continuall danger and subject to a thousand molestations and injuries which are incident to the condition and state of him that is not currant with the course of his Prince and Realme in matters of Religion and so before he beware he commeth to be accounted an enemy or backward man which to remedy he must either dissemble deeply and against his owne conscience make shew to favour and set forward that which in his heart he doth detest which is the greatest calamity and misery of all other though yet many times not sufficient to deliver him from suspicion or else to avoid this everlasting perdition he must breake with all the temporall commodities of this life and leave the benefits which his Countrey and Realme might yeeld him and this is the ordinary end of all such men how soft and sweet soever the beginnings be 31. Ian. 1647. Imprimatur Gilbert Mabbot FINIS Institut imp l 2. Tit. 1.
Saul though he were elected by God to that royal Thron yet was he slain by the Philistims by God's order as it was foretold him for his disobedience and not fulfilling the law and limits prescribed unto him Amon was lawfull King also and that by natural discent and succession for he was son and heir to king Manasses whom he succeeded and yet was he slain by his own people Quia non ambulavit in via Domini for that he walked not in the way prescribed unto him by God and unto these two kings so deprived God gave two Successours as I have named the like whereof are not to be found in the whole ranke of kings for a thousand yeares together for of Josias it is written Fecit quod crat rectum in conspectu Domini non declinavit neque ad dextram neque ad sinistram 2. Paralip 34. 5. He did that which was right in the sight of God neither did he decline unto the right hand nor the left he reigned 31 yeares 2. Paralip 35. And Jeremias the prophet that lived in his time loved so extremely this good king as he never ceased afterwards to lament his death as the Scripture saith 2 Chron. 34. 35. Chapters As for king David it shall not be needfull to say any thing how excellent a king he was for as many learned men do note he was a most perfect paterne for al kings that should follow in the World not as king Cyrus whom Xenophon did paint out more according to his own imagination of a perfect king that he wished then to the truth of the story but rather as one that passed farre in acts that which is written of him and this not onely in matters of religion piety and devotion but also of chivalry valour wisedom and policy neither is it true which Nicholas Maehiavel the Florentine N. Mach. l. 2. c. 2. in Tit. Liv. And some others of his new unchristian school do affirme for defacing of Christian vertue That religion and piety are le ts oftentimes to politique and wise Government and do break or weaken the high spirits of magnanimous men to take in hand great enterprises for the Common-wealth Aug. l●de Gran. This I say is extreme false for that as Divines are wont to say and it is most true Grace doth not destroy or corrupt but perfect Nature so so as he which by Nature is valiant wise liberal or politique shall be the more if also he be pious and religious which we see evidently in king David who notwithstanding all his piety yet omitted he nothing appertaining to the state and government of a noble wise and politique Prince for first of al he began with reformation of his own Court and Realm in matter of good lif and service of God wherein he used the counsel and direction of God and of Nathan the Prophet as also of Abiathar and Hiram the chief Priests and of Heman his wise Councellour 1. Par. 15. He reduced the whole Clergy into 24. degrees appointing 4000. Singers with divers sorts of musical instruments under Asaph Heman and other principal men that should be Heads of the Quire psal 22. 25. He appointed all Officers needfull both for his Court and also the Common-wealth with the Armes of the Crown which was a Lion in remembrance of the Lion which he had slain with his own hands when he was a childe he ordained a mynt with a peculiar forme of money to be stamped took order for distributing relief unto the poor and other like acts of a prudent and pious Prince After all this he turned himselfe to his old exercise of Warres to which he was given from his child hood being wonderfull valiant of his own person as appeareth by the Lion and Bear that he slew with his own hands and the courage wherewith he took upon him the combat with Goliah and as he had shewed himselfe a great Warriour and renowned Captain many yeares in the service of Saul against the Philistims and had gained many noble victories so much more did he after he was king himselfe for that he conquered not onely the philistims but also the Amorites Idumeans Moabites with the kings and people of Damasco and all Syria even unto the River Euphates and left all these Countries peaceable to his Successour 2 Reg. 8. and in three or four Battailes wherein David himselfe was present within the space of two or three yeares almost a hundred thousand Horse and Foot slain by him 8. paral 18. and that himselfe flew in his dayes eight hundred with his own hands 2 reg 13. Joseph l. 7. antiqu c. 10. and that he made by his example thirty and seven such Captaines as each one of them was able to lead and governe a whole Army and yet among all these expences of Warres had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderfull Temple after him which hee recommended to his son Salomon and amidst all this valour and courage of so warlike a King and Captaine had he so much humility as to humble himselfe to Nathan the Prophet when he came to rebuke him for his fault and so much patience and charity as to pardon Semci that reviled him and threw stones at him in the high way as he went and among so many and continuall businesses both Martiall and Civill and great affaires of the Commonwealth he had time to write so many Psalmes as we see and to sing prayses seven times a day to Almighty God and to feel that devotion at his death which we read of and finally he so lived and so dyed as never Prince I thinke before him nor perhaps after him so joyned together both valour and vertue courage and humility wisdome and piety government and devotion nobility and religion Wherefore though I have been somewhat longer then I would in this example yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed And now if we will leave the Hebrews and returne to the 〈◊〉 of whom we spake before we shall finde divers things notable in that state also to the purpose we have in hand For before Romulus their first King having by little and little declined into tyranny 〈◊〉 thine and cut in peeces by the Senate 〈◊〉 1. which at that time contained an hundred in number and in his place was chosen Numa Pompilius the notablest King that ever they had wh● prescribed all their order of Religion and manner of sacrifices imitating therein and in divers other points the rites and ceremonies of the Jewes as Ter●ul● and other Fathers does note 〈…〉 contrahaeres Iustin Martyr apolog Hee began also the building of their Capitol added the two months of January and February to the yeare and did other such notable things for that Commonwealth Againe when Tarqui●ius
which by oath he pr●mised if on the other part that be not performed in respect whereof this oath was made as for example if two should sweare the one to assist the other upon the way in all respect● after falling upon enemies that were either kin or friends to the one of them he should take their part against his fellow cleer it is that the other were not bound to keep his oath toward that Party that hath so wickedly broken it unto him Nay not only in this case that is so evident palpable by nature it self but in many other also it is both lawfull honest convenient to leave sometimes the performance of our oath as namely when the fulfilling thereof should containe any notable hurt or inconvenience against Religion Piety justice honesty or the weal publike or against the party himself to whom it was made as if a man had sworn to restore a sword to a mad or furious man wherewith it were likely he would destroy himself others and other like cases which Cicero putteth down in his first book of offices deduceth them from the very ground of nature and reason it self saith that it were contrary to the duty of a good or honest man in such cases to perform his promise Our Divines do also alledge the example of Herod that had sworn to the daughter of Herod as to give her what she demanded who demanding the head of St. John Baptist Mat. 24 though Herod were sory for the same yet saith the text that for his oaths sake he commanded it to be performed which yet no man will deny but that it had been far better left unperformed the oath better broken then fulfilled according to another rule of the law which saith in malis promissis fidem non expedit observari Regul 68. in fine 6. Decret it is not expedient to keep our promise in things evill promised And finally to this purpose to wit to determine how many ways an oath may be lawfully broken or not kept there is a whole title in the Canon law containing 36 chapters wherein are set down many divers most excellent evident cases about the same determined by Gregory the 1. other antient Popes Doctors and in the second part of the Decret there is alledged this sentence out of Isidorus established for law in malis promissis rescinde fidem in turpi voto muta decretum impia enim promisso quae scelere impletur that is in evill promises perform not your word in an unlawfull vow or oath change your determination for it is an impious promise which cannot be fulfilled but with wickednesse and the very same matter is handled in the question following which is the fist throughout 23 whole chapters together So as nothing is more largly handled in our law both Civill Canon then this matter of promises oaths how when why in what cases they hold or bind and when no● All which to apply it now unto our matter of Kings that we have in hand we are to understand that two evident cases are touched here as you see when a Subjects oath or promise of obedience may be left unperformed towards his Prince the first when the Prince observeth not at all his promise oath made to the Common-wealth at his admission or coronation the other when it should turn to the notable dammage of the weal publike for whose only good the Princes office was ordained proved if the Subject should keep perform his oath promise made unto his Prince And both these cases are touched in the deprivation of Childerike the last K of France of the first line of Pharamond for that as Paulus Em●lus Belforest G●rard and other French stories do testifie Em●l l. 2. Hist Fran Belfor●n vita childe● Girard lib 3. the Bishop of Wirtsburg that in the name of all the Nobility and Common-wealth of France made his Speech to Zachary the Pope for his deposition and for the election of Pepin in his place alledged these reasons saying Truth it is that the French have sworn fidelity unto Ch●ldericke as to their true naturall King but yet with condition that he on his part should also performe the points that are incident to his office which are To defend the Common-wealth protect the Church of Christ resist the wicked advance the good the like and it he doe this then the F●ench are ready to continue their obedience allegeance unto him but if he be apt for none of these things neither fit either for a Captain in War or for a Head in Peace and if nothing else may be expected while he is King but detriment to the State ignominy to the Nation danger to Christ Religion and destruction to the Weal Publike then it is lawfull for you no doubt most holy Father to deliver the French from this band of their oath to testifie that no promise can bind this Nation in perticular to that which may be hurtfull to all Christendome ingenerall Thus far that Bishop and his speech was allowed and Chelderick deposed and Pepin made King in his place By this then you see the ground whereon dependeth the righteous and lawfull deposition and chastisement of wicked Princes viz. their fayling in their oath promises which they made at their first en●rance that they would rule and govern justly according to law conscience equity and religion wherein when they fayle or wilfully decline casting behind them all respect of obligation and duty to the end for which they were made Princes and advanced in dignity above the rest then is the Common wealth not only free from all Oaths made of obedience or allegeance to such unworthy Princes but is bound moreover for saving the whole body to resist chasten remove such evill heads if she be able for otherwise all would come to destruction ruine and publike desolation And here now comes in all those considerations which old Phylosophers Law-makers such others as have treated of Common-wealths are wont to lay down of the difference contrariety between a King a Tyrant Plat. dial 1 de repub Arist. l. 2. pol. c. 5. for that a King as both Plato Aristotle doth declare when once he declineth from his duty becommeth a Tyrant that is to say of the best most Soveraign thing upon earth the worst most hurtful creature under Heaven for that as the end office of a King is to make happy his Common-wealth so the butt of a Tyrant is to destroy the same And finally the whole difference is reduced to the principal head that before I have mentioned to wit That a King ruleth according to equity oath conscience justice law prescribed unto him the other is enemy to all these conditions There is a speciall book set forth of this matter by one Bartolus Father of Civil Law where the matter is handled