Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	judge_n	matter_n	1,515	5	5.7205	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

unto this King Sissinandus Ambros Maral l. 11. cap. 17. and speaketh infinite good in the same of the vertues of King Suintila that was now deposed and condemned in this said Councel whereby it is to be presumed that he had changed much his life afterward became so wicked a man as here is reported After this the Councel confirmeth the Title of Sissinandus and maketh decrees for the defence thereof but yet insinuateth what points he was bound unto and whereunto he had sworn when they said unto him To quoque p●●aesentem 〈◊〉 Ac juturos aelatum sequentium principes c. We do require you that are our present King and all other our Princes that shall follow hereafter with the humility which is convenient that you be meeke and moderate towards your Subjects and that you govern your people in justice and piety and that none of you do give sentence alone against any man in cause of life and death but with the consent of your publike Councell and with those that be Governours in matters of judgement And against all Kings that are to come we do promulgate this sentence that if any of them shall against the rever●nce of our Lawes exercise cruel authority with proud domination and Kingly Pompe only following their own concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and have their separation both from him and us to everlasting judgement But in the next two yeares after the end of this Councel King Sissinandus being now dead and one Chintilla made King in his place there were other two Councels gathered in Toled● the first whereof was but Provinciall and the second Nationall and they are named by the names of the fifth and sixt Councels of Toledo Ambros Moral l. 11. cap. 23. 24. In the which Councells according to the manner of the Gothes who being once converted from the Arrian haere●ie were very catholick and devout ever after and governed themselves most by their Clergy and not only matters of Religion were handled but also of State and of the Common Wealth Concil 5. cap. 2 3 4. 5. conc 6. cap. 16. 17 18. especially about the succession to the Crown safety of the Prince provision for his Children friends Officers and favorites after his death and against such as without election or approbation of the Common-Wealth did aspire to the same all these points I say were determined in these Councels and among other points a very s●vere decre● was made in the sixt Councel conc●rning the Kings Oath at his admission in these words Consonan une corde ore promulgamus Deo placituram sententiam Coucil Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God and do decree the same with the consent and deliberation of the Nobles and Peeres of this Realme that whosoever in time to come shall be advanced to the honor and preferment of this Kingdom he shall not be placed in the Royall Seat untill among other conditions he hath promised by the Sacrament of an Oath that he will suffer no man to break the Catholick Faith c. By which words especially among other conditions is made evident that those Princes sweare not only to keepe the Faith but also such other conditions of good Government as were touched before in the fourth Councel and these things were determined while their King Chintill● was present in Tolledo as Ambrosio Morales ●oteth Ambros Moral lib. 1. cap. 23. The distruction of Spayne Before the entrance of the Moores and before the dividing thereof into many Kingdoms which happened about ● hundreth yeares after this to wit in the year of our Saviour 713. and 714. But after the Moores had gayned all Spayne and divided it between them into divers Kingdoms Ambros Moral li. 13. c. 1. 2 de la Chron. de Esp● yet God provided that within foure or five yeares the Christians that were left and fled to the Mountaines of Asturias Biscay found a certain young Prince named Don Pelayo of the ancient blood of the Gotish Kings who was also fled thither and miraculously saved from the enemies whom they chose straight wayes to be their King and he began presently the recovery of Spayne and was called first King of Asturias and afterward of Leon and after his successors got to be Kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena 〈◊〉 Cortuba Granado Siuil Portugall and Nauarra all which were different Kingdoms at that time so made by the Moores And all these Kingdoms were gained againe by little and little in more then 700. yeares space which were lost in lesse then two years and they never came again indeed into one Monarchy as they were under Don Rod●igo their last King that lost the whole untill the yeare of our Lord 158● when Don Philippe King of Spayne re-united again unto that Crown the Kingdom of Portugall which was the last peece that remayned seperated and this was almost 900. yeares after Spayne was first lost But now to our purpose the Chronicler of Spain named Ambrosio Morales doth record in his Chronicle a certain Law written in the Gotish-tongue left since the time of this Don Pelay● the first King after the universal distruction of Spain the title of the Law is this Como se an delevantar Reyen Espùa y como el ha de lurar los fueros Ambros Moral l. 13. c. 2. that is to say how men must make their King in Spain and now he must swear to the priviledges and liberties of that Nation then he putteth the Articles of the Law whereof the first saith thus before all things it is establish●d for a law liberty and priviledge of Spayne that the King is to be placed by voices and consent perpetually and this to the intent that no evill King may enter without consent of the people seeing they are to give to him that which with their blood and labours they have gained of the Moores Lucas Episcop Tuyens in histor Hispan Loudou de molin lib. de hered Thus far goeth this first article which is the more to be marked for that divers and those most ancient Spanish Authors do say that from this Don Pelayo the succession of Kings descended ever by propinquity of blood and yet we see that election was ioyned there withall in expresse termes The second part of the law containeth the manner of ceremonies used in those old dayes at the admission of their Kings which is expressed in these words let the King be chosen aud admitted in the Metropolitan City of this Kingdome or at least wise in some Cathedrall Church and the night before he is exalted let him watch all night in the Church and the next day let him here masse let him offer at Masse a peece of Scarlet and some of his own money and after let him communicate

Government and so placed as hath been said is under no law or restraint at all of his authority but that himselfe only is the quick and living law and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will obey or how their Prince shall govern them but must leave his authority free from all bands of law and this either Willingly or by violence is to be procured By which words it seemeth that he painteth out a perfect patterne of a tyrannicall Government which how it did further the King of Navar I do not know His other proposition is Apolog. pro Rege Cap. 20. That albeit the heire apparant which is next by birth to any Crown should be never so impotent or unfit to Govern as if for examples sake he should be deprived of his sences mad furious lunatique a fool or the like or that he should be known on the other side to be most malicious wicked vitious or abominable or should degenerate into a very beast yea if it were known that he should goe about to destroy the Common Wealth and drowne the ship which he had to guide yet saith this man he must be sacred and holy unto us and admitted without contradiction to his inheritance which God and nature hath laid upon him and his direction rèstraint or punishment must only be remited to God alone for that no man or Common-wealth may reforme or restrain him Which I doubt not will seeme unto you rather belly and base doctrine then to come from the head of any learned or discreet man that regardeth the end why Common-wealths and Kingdoms and all Governments were ordained by God and nature and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole But now to the particuler matter that we are to treat which is what is to be attributed to this succession or propinquity of birth alone I am of opinion that albeit their want not reasons on both sides among learned men what kind of providing Governours to Common-wealths is best either by simple and free election only or by succession of birth my opinion I say is that succession is much to be preferred not for that it wanteth all difficulties and inconveniences which all temporall things uppon earth have but like as before I have shewed of the particuler Government of a Monarchy in respect of other forms of regiment to wit that is wanted not all but had fewer inconveniences then their formes of Regiment have so say I also of this that albeit some inconveniences want not in succession yet are they commonly far lesse and fewer then would follow by meere election which are subiect to great and continuall dangers of ambition emulation division sedition and contention which do bring with them evident peril of universall destruction and disolation of the whole body and this at every change of the prince which change on the other side is much assured by succ●ssion for that great occasions of strife and contention are there by cut of 2. And besides this the Prince who is in present possession knowing that his son or next of kin is to be his heire hath more care to leave the realme in good order as we see that the husbandman hath to till and manure that ground which is his owne and to remaine to his posterity 3. A third commodity also there is for that lesse mutations and alterations are seen in the Common-wealth where succession prevaileth for that the sonne following his father doth commonly retaine the same friends councellors officers and servants which his father had before him pursueth the same actions and intentions with the same manner of proceeding for the most part whereas he that entereth by election being an aliene to him that went before him and never lightly his friend doth change alter and turne upsidowne all things 4. Furthermore which may be also a fourth reason he that entereth by succession for that he is either borne a Prince or hath been much respected still for his title to the Crowne bringeth with him lesse passions of hatred emulation anger envie or revenge against particuler men for that no man durst offend him then doth he which entereth by only election for that he having bin a subject equall to others before his advancement and thereby holding contention with many espetially at this election must needs have matter of quarrell with many which he will seeke easily to revenge when he is in authority as one the other side also such as were his equals before will beare him lesse respect and more unwillingly be under him then by birth he had been there Soveraigne 5. These and diverse other are the comodities of succession whereunto we may also add the preheminence and priveledge of primogenitura and auncetrie of birth so much respected and commended by holy writ not only in men but in all other creatures also whose first borne were dedicated to God himselfe and one notable example among other occurreth to my mind of the two sonnes of Isack of the which two albeit God hath ordained to chuse the younger before he was borne as S. Paul testifieth and to reject the elder that is to say that Iacob should inherite the benediction not Esau Yet would God have his yonger to procure the said priviledge of eldership from Esau by divers means as first by bargain and after by guile according to the storie we read in Genes 15 and 49. Deut. 21. and 15. 2 Paralip 21 and 3 Exod 3. and 2. Rom. 9. and 13 Genes 28 and 27. Out of which story two points may be pondered much to our purpose first that primogenitura or eldership of birth as I have said was greatly respected by God and according to that all the disce●t● and successions of Kings were commonly among that people for that ordinarily the elder 〈◊〉 ever succeded his Father in the Crowne of Iury. And the secon● p●int 〈…〉 God would shew even in this begining that yet this priviledge was not so 〈◊〉 but that upon just causes it might be broken as it was by this his choyce of Iacob the yonger and rejecting Esau the Elder and many times after in matter of government the same was practised by God himselfe as when Iudah the fourth tribe and not Ruben the 1 and Eldest was apointed by God enioy the scepter and Crown of the Iewes as also when King David died not in his first second or third sonne but his tenth in order to wit Solomon who was also the fourth that he had by Bersabe was appointed for his successor Genes 29 and 9. Exod 1. 2. Reg. 5. 1. Paral. 3. So that in very deed we have here both our two cases that were propounded in the begining over ruled and determined by authority and example of holy writ it selfe namely and 1