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A58387 Reflections upon the opinions of some modern divines conerning the nature of government in general, and that of England in particular with an appendix relating to this matter, containing I. the seventy fifth canon of the Council of Toledo II. the original articles in Latin, out of which the Magna charta of King John was framed III. the true Magna charta of King John in French ... / all three Englished. Allix, Pierre, 1641-1717.; Catholic Church. Council of Toledo (4th : 633). Canones. Number 75. English & Latin. 1689 (1689) Wing R733; ESTC R8280 117,111 184

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Angels be condemned to Eternal punishments with all his Partners joyn'd with him in the same Conspiracy that the same punishment of final perdition may reach all that are Complices and Partakers of the same guilt Wherefore if this thrice repeated Sentence be according to the mind of all you that are here present confirm the same with your Unanimous Voices Accordingly the whole Body of the Clergy and People have said and declared Whosoever shall presume to do any thing against this your Decree Let him be Anathema Maranatha that is accurst and damn'd at the coming of our Lord and have his share and lot with Judas Iscariot both they and their Complices Amen In consideration therefore of the Premises we Priests do admonish and warn the Holy Church of Christ and all the People to take care that this tremendous and so oft repeated Sentence of Excommunication may not make any of us obnoxious to present and eternal condemnation but that keeping the Faith we have sworn to our most Glorious Lord King Sisenandus and serving him with sincere Loyalty we may not only incline the Divine Clemency and Goodness towards us but may also deserve the favour of our Gracious Prince Amen We also with the Humility that becomes us do entreat thee These qualifications of a good Prince are most of them taken out of St. Austin Lib. 5. de Civitate Dei. O King here present amongst us and all Princes thy Successors for time to come that behaving your selves with all moderation and gentleness towards your Subjects you may in Righteousness and Godliness rule the People by God committed to your charge that so you may be able to give a good account of your Stewardship to Christ who has constituted you governing your Subjects with humbleness of Heart and being found in a constant endeavour of procuring their Good and Welfare That none of you alone may undertake to judge of Capital Matters or any Mans Estate but that by publick consent of the Judges and other Magistrates and in an open Tryal the Guilt of Delinquents may be made apparent observing a merciful disposition towards those who have offended that your indulgence and mercy in sparing may appear as well as your Severity in punishing So that all things by the assistance of God being administred and preserv'd by you with a godly Rule and Government you Kings may have reason to rejoyce in your People as well as your People in you and that God may rejoyce in you both And as to what belongs to all future Kings we pronounce this our Sentence that in case any of them without being restrain'd by the Reverence due to the Laws shall by a proud Lordliness being puft up with the Royal dignity by injustice violence and oppression exercise a tyranical and cruel Power against his Subjects let all such be condemn'd and anathematiz'd by Christ and be separated from God and subjected to his Judgments for that he presumed to act wickedly and to endeavour the hurt and ruine of the Kingdom And as for Suintilanus who fearing the punishment of his Crimes has deserted the Kingdom depriving himself thereby of the Royal Power we with the Consent of the People have Decreed that neither he nor his Wife nor Children shall ever be received by us into our Society because of the wickedness they are guilty of or restored to those Honours from whence they have been so justly cast down and that they shall not only for ever stand deprived of the Prerogatives of the Royal Dignity but also forfeit all the Wealth they have got by oppressing the miserable People except only that which shall be allow'd them by the goodness of our Gracious Prince The same Sentence we likewise pronounce against Geilanus the said Suintilanus his Brother as in Blood so in Crimes and Wickedness who was perfidious to his own Brother and has broken his Faith promised to our most glorious Lord wherefore we also cast him and his Wife and banish them from our Society together with those before-mentioned and exclude them from the Common-wealth of our Nation and that they shall not be restored to the Possessions which by wickedness they had gotten except only what they may obtain from the Bounty of our most Gracious Prince who as he is ready to enrich those that are good with bountiful Rewards so neither does he altogether exclude those that are wicked from his diffusive Beneficence Now Glory and Honour be ascribed to our Almighty God in whose name we are here Assembled and may Happiness Peace and a long continued Reign be the Portion of our most Pious Lord and Lover of Christ King Sisenand whose Piety and Devotion has ca●l to this Assembly to establish and enact this wholesome Decree May the Glory of Christ strengthen and establish his Kingdom and the Gothick Nation in the Catholick Faith and multiply his Years and Virtues preserving him to the highest old age and may he after the Glory of his Reign here on Earth pass over to the Eternal Kingdom in Heaven that he may Reign there without end who here has Reigned well and happily by the grace and help of him who is King of kings and Lord of lords with the Father and Holy Spirit for ever and ever Amen The things above written being thus decreed and determined by us with the Consent and Approbation of our most Religious Prince we also have engaged never to infringe any Point thereof but exactly to keep and observe the same and because these things do greatly concern the good of the Church and the welfare of Souls we have thought good to strengthen and confirm the same by our particular Subscription that they may stand ratified for ever And accordingly was subscribed by all of them Concilii Toletani IV. CAN. LXXV POst instituta quaedam ecclesiastici ordinis Concilio Tolet. v. cap. 7. decernitur ut hoc decretum in omnibus synodis peractis publicâ voce pronuncietur vel decreta quae ad quorundam pertinent disciplinam postrema nobis cunctis sacerdotibus sententia est pro robore nostrorum Regum stabilitate gentis Gothorum pontificale ultimum sub Deo judice ferre decretum Multarum quippe gentium ut fama est tanta extat perfidia animorum ut fidem Sacramento promissam regibus suis servare contemnant ore simulent juramenti professionem dum retineant mente perfidiae impietatem Zach. 7. ef 8. Jurant enim Regibus suis fidem quam pollicentur praevaricant nec metuunt volumen illud judicii per quod inducitur maledictio multaque poenarum comminatio super eos qui jurant in nomine Dei mendaciter Quae igitur spes talibus populis contra hostes laborantibus erit quae fides ultra cum aliis gentibus in pace credenda quod foedus non violandum quae in hostibus jurata sponsio * * stabilis perm permanebit quando nec ipsis propriis regibus juratam fidem
nor unknown and upon occasion of which the States of the Empire have had an opportunity to declare make out their Rights and Pretensions One of the first Examples we find respecting this Matter is the Deposition of Lewis the Good in the Year 833. The Acts whereof we may see in Baronius Goldast du Chesne and le Comte Whereupon we may make these Reflections 1. That the Thing was done with the Consent of the Bishops and of all the Nobility 2. That the Estates above all accuse him for having broke his Coronation-Oath 3. That though this Lewis was afterwards restored to the Throne of the Empire yet those that restored him never contested the Power the State had to reject a Prince who overturn'd the Rules of Government but supposed only that he had not been duly convinced of the Crimes laid to his charge We have another Example in the Deposition of Henry IV. The Archbishops Bishops Dukes and Earls declare that they had not sworn to him till after he had engaged himself by his Oath to them to observe the Laws and the Capitulations of the Empire so that having now violated them they were set free from the Oath they had sworn to him and that they considered him as an Enemy against whom they would wage war to their last breath Lambert Schafnaburg One of the last Instances we find in the deposing of the Emperor Wenceslaus who was deposed by the Electors of the Empire in the Year 1400 after that he had been twice taken Prisoner and had been exhorted by the State to amend and take up from his irregular Actings Aventin lib. 7. Annalium Cuspinian in Vita Venceslai We may see the most part of these Articles and many more solidly confirmed in the Book of Carpsovius de Lege Regia Imperatorum Germaniae and in the Imperial Capitulations and other Laws which he has caused to be printed at the End of his Treatise CHAP. XIII That the Power of the Kings of Poland is Limited WE find the same Limitation in other States whether they be Successive or Elective I shall content my self to alledge only one Example concerning the Kingdoms that at present are Elective and that shall be of the Kingdom of Poland Poland from the Relation of Cromer gives us an illustrious Example of the Wisdom of Northern People in bounding the Power of their Princes After that the Family of Lech the first Founder of that Kingdom was extinct that State changed the Royal Government into that of XII Waywods otherwise called Palatines These Palatines abusing their Authority they re-established the Regal Government in favor of Cracus whose second Son was expell'd by the Polanders for killing his Elder Brother They afterwards chose the Daughter of Cracus for their Queen who 't is said having drowned her self to avoid Marriage the Polanders again established 12 Palatines as they had done before but afterwards suppressed them again because they found them insufficient to defend the Countrey and chose Premiel for their King. This is Lesko the 1 who lived about the year 750. It was not till the Year 965 that Miesco turn'd Christian and took upon him the Title of King of Poland which Title was confirmed by the Emperor Otho III to Bosletas his Successor His Successors having reigned until Lesko Surnamed the Black who was forced by Flight to quit the Kingdom because he was not able to resist the Tartars and died without Issue the Poles wearied with intestine Wars excited by the Ambition of their great Lords chose Premiel to be their King who being kill'd without leaving any Children behind him they made choice of Ladislaus who was afterwards desposed for Male-Administration by the States General Wenceslaus King of Bohemia who had been chosen in his stead dying in the Year 1305 Ladislaus was recall'd to the Government to whom Casimir his Son succeeded who in the Year 1370 designed for his Successor with consent of the States Lewis the Son of Charles King of Hungary by his Sister The Poles after the Death of Lewis chose Edwiga his Daughter upon condition that she should marry the Person whom the States should recommend to her for a Husband the Person recommended by them was Jagello Duke of Lithuania who had the name of Ladislaus given him by the Archbishop of Gnesna who anointed and Crowned after he had first baptized him He outliv'd Edwiga who died without Children and had for Successors the children of his fourth Wife who reached until Sigismund Augustus after whose Death the States chose in the Year 1573 Henry Duke of Anjou who after he had reigned four Months in Poland abandon'd the Kingdom to take possession of the Crown of France and was deprived of that of Poland by the States as may be seen from the Acts recorded by Historians This Vacancy occasion'd a Division in the States one part of them having chosen the Emperor Maximilian the Second and the other part Anne the Sister of Sigismund Augustus to whom they gave Stephen Battori Prince of Transylvania for her husband who Married the said Anne and was Crowned at Cracovia in 1576. After the Death of Stephen the States chose Sigismund Son of John III King of Sweden and of Katharine Daughter of Sigismund I. of that name King of Poland It is evident from this Abridgment 1st That the Poles always pretended to be the Masters that had right to give the Form to their State which seemed to them most comporting with the Good and Welfare of it 2ly That they took it for granted that they had Power to reject those Princes or Palatines whose Behaviour was contrary to the Publick Good for which they had raised them 3ly That they ever had an Eye to Succession so far as to bestow the Crown sometimes upon Daughters yet not thinking themselves bound to it but only so far as the good of the State did permit 4ly That they had regard to the appointing of a Successor when the States had first consented to it 5ly That the Flight or Desertion of their Kings has appear'd to them a sufficient Ground to proceed to a new Election in their stead and to reject them This is evident from the History of Lesko surnamed the Black and of Henry the III of France 6ly That the anointing and Crowning of their Kings was of no avail to dispense with their Oath in which they publickly declare That if they do not observe the Laws of the State the People are dispensed from their Oaths of Fealty they have sworn to them CHAP. XIV That the Monarchy of France is not an Absolute Empire but a Limited Royalty 'T IS not of to day only that some have imagined the Monarchy of France to be an unlimited Power and an Absolute Empire Bodinus was of that opinion before them but they that follow his sentiment understand nothing of that Constitution or if they do have a greater desire to flatter the unjust Pretensions of that Court than to maintain the