Selected quad for the lemma: law_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
law_n england_n king_n kingdom_n 13,057 5 6.0109 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A05091 Politique discourses, treating of the differences and inequalities of vocations, as well publique, as priuate with the scopes or endes wherevnto they are directed. Translated out of French, by Ægremont Ratcliffe Esquire.; Discours politiques sur la voye d'enter deuëment aux estats. English La Place, Pierre de, 1520-1572.; Radcliffe, Egremont, d. 1578. 1589 (1589) STC 15230.5; ESTC S110593 110,171 164

There are 3 snippets containing the selected quad. | View lemmatised text

the Bishops hande by collation euery one in his diocesse the Pope Bishop of Rome excepted who hath reserued vnto himselfe this authoritie to prouide by concurrence and preuention indifferently in benefices of all diocesses The vocation of bishops Abbats in these dayes as he doth yet at this present as all the worlde knoweth At this instant the prouision of Bishoprickes is otherwise made in this Realme because the king nameth such persons as him pleaseth to choose in all the Bishopprickes and Abbies of his realme and after his nomination the Pope approueth The exterior vocation of Popes is verie auncient As touching the vocation and maner of calling of Popes to their Pontificacie it was was in olde time like vnto the maner of calling of other Bishops at the least wise but little differing from the same for the election of the Pope was made in the presence of neighbours and Bishoppes nexte at hande whiche were then called Cardinalles and the chiefe of the Clergie of Rome by the consente and at the postulation and request aswell of the Clergie as of the Laitie the authoritie and approbation of the Emperour and that of the person of some Deacon or Priest of Rome who hadde passed the inferiour degrées and not otherwise The vocation of Popes giuen to Emperours Sith that time the Popes gaue the full power of election to Charelemaine and other Emperours whiche hath sithens bene by them renounced so that at this present the manner of calling of Popes to their Pontificacie is onely reserued to the Cardinalles duly assembled in the 〈◊〉 according to the constitutions of Pope Alexander 3. Gregorie 10. Clement 5. Whiche to be shorte be all the manners of calling to Ecclesiasticall vocations vsed in these days CHAPTER IIII. Of the apparent Politique vocation and firste of Magistrates beginning from Moses dayes and so consequently to the the Graecians and Romanes vntill this day AS touching the politique or ciuil vocation if we looke backe to Moses dayes vndoubtedly we shall find Moses dayes that the way of choosing of Magistrates was ordeined by him saying I am not able alone to beare this burden therefore choose ye out from among your selues such as be wise of experience and be knowen eche one in his Tribe and quarter and I wil giue them charge to gouerne you It appeareth also in many places The Grecians dayes that in the time of the Grecians the people were likewise prouided of Magistrates by election Aristotle saying to that purpose that offices be and ought to be offered and proposed vnto them whose sufficiencie and industrie is knowen and séene of all men Although that in Gréece béeing gouerned by sundrie Ciuil estates diuerse and different to eche other according to the difference of Common weales the Magistratts were also created in some places there by lotte as in Publique weales intermedled indifferently ruled and gouerned by the people And in other Common-weales better founded by election but not altogether without the casting of lottes ioyned therevnto to avoide the briggings and practises of the ambitious The Venetian estate The time of the Romane Republique as is yet to this day vsed in the Segniorie of Venice In the Romanes dayes they procéeded likewise to the election of Magistrates in full assemblie of the people by the pluralitie of voyces And without séeking further it appeareth sufficiently by the ordinaunces of this Realme He manneth Fraunce that the olde manner was to procéede by election and nomination in all iudiciall seates when so euer any office was vacant in the same whereof the souereigne courtes doe yet to this day reteine the shadowe and figure onely without other effect insuing The reason of this election was great and necessarie founded vppon the insufficiencie of man and impossibilitie to be able to aunswere alone to so greate a charge as was well ynoughe knowen to Moses a greate personage replenished with the spirite of God CHAPTER V. Of the apparant vocation to the Royall digninitie and incidently of the well founded Monarchie of France THere is in ciuil estates gouerned by a Monarchie a vocation souereigne aboue all other to witte The dignitie Royall Wherevnto it appeareth that in some places they were called by the election voyce and suffrage of the people and in othersome by succession And whether of these two is the better hath vene a question propounded by Aristotle in his Politiques Aristotle but left by him vndecided We vse that which in my opinion is the better To witte by succession whiche is also founde the moste florishing and the longest of continuance of al other as the kingdoms of the Syrians The vocation to the Regall dignitie of Fr. The lawe Salike Aegyptians Parthies beare sufficient testimonie And to saue labour they of Englande Fraunce and Spaine especially of Fraunce because it is not onely by succession but simply by succession of Males according to the lawe Salike Aristotle Although it séeme that Aristotle as it it were glansing by woulde rather approue and allow the vocation of kinges made by voyce and suffrages calling the same which goeth by succession A barbarous domination suche as of the maister ouer the seruaunt But that may not be vnderstoode of a kingdome and Monarchie so well constituted as ours fastened and linked not as Dionyse the tyrant said The Monarchie of Fr wel founded with a chaine of Diamants with force feare but with the chaine of beneuolence and loue of subiectes purchased by iustice and vertue The which thoughe it be looser The Monarchie of France snaffled with two bridles not so fast girte and straightly stretched as the other is for all that a great deale firmer and of more force to kéepe and enterteine a principalitie a longer continuance of time Hauing ouer this Monarchie The Monarchie is moste durable that is kept vnder bridle two principall good and sure bridles to temper and kéepe the same from running riot after the vnbridled affection of one man alone to wit religion which hath always béene in singular recommendation with our Princes and by the neglecting whereof authoritie Theopompe king of Macedon and obedience easily waxe cold The other is iustice whereby their lawes ordinaunces giftes pardons and alienations be moderated and tempered The Ephores were certeine counsellers in the Lacedaemonians common weale which had the controllment among other things of the kings doings if hee did ought amisse contrarie to the lawes and without whose aduise the king could do nothing c. And the which the bountie and wisedome of our Princes hath not béen accustomed to accompt so much bridles as firme pillers vpon the whiche their authoritie is the surelier stayed to be thereby the firmer and more durable As Theopompe said vnto his wife who was offended because he endured himselfe to be brideled and kept vnder by the Ephores and reproched him that through his cowardize he should leaue the
in his charge wherevnto he was duely chosen and called without euer consenting in any cause to vsurpe the charge which he thought not to be in all respectes iustly offered vnto him whiche vndoubtedly he woulde not haue done if he had not ben reteined by these two bridles whiche be the humble and the modest opinion of himselfe with obedience and reuerence to Politique ordinaunces For else who is he be he neuer so vertuous the bridle béeing once loosed to arrogancie contempt and irreuerence to the weale Publique that would not easily haue giuen eare to such persuasions and so apparant reasons Indéede it is written of Lycurgus who established the Lacedaemonian lawes that he in like manner refused to be Kinge of Sparte the kingdome belonging by right to Polydectas his brothers sonne of whome his widowe remained with childe bycause that although he were in very déede a personage most sufficient and worthie of such a royal dignitie he would not consent to marrie her who to that end would haue destroyed the fruite she had in her wombe Difference betweene Solon and Lycurgus case But this differeth much from Solon his doing bicause that it séemeth that that which the one could not accept without iniquitie euident crime the other contrarily might not refuse without reprehension and manifest blame We will adde vnto the Gréeke by vs here alledged an other Romane example Example of the Romane Virginius which is neither lesse excellent or lesse worthie of memorie It is of Virginius the most renoumed Capteine who had done as much or more seruice to his Common weale then any other of his time he being exhorted Nero. when Nero was chased out of his Empire and slaine to take the Empire to him selfe as the most estéemed and best worthie of the same being as then chéefe of the strongest legions and hauing vnder his power a good part of the Empire which was all Gaul for all that notwithstanding the necessitie and extremitie he was then put to by his souldiers whiche earnestly requested him to accept the same yea so solicited and pressed him that a Colonel of a thousand footemen presented a naked sworde and tolde him that he should eyther deliberate with him selfe to accept the Empire or else to receiue the naked sword through his body would not giue eare thereto but persisted in his resolution to abide in the state and charge he was in saying that he was neyther determined to accept the same him selfe ne yet to suffer it to be giuen to any other but to him that should be duely chosen and called therevnto by the Senate vnto whome onely the authoritie of election apperteined Sith it is so then that Pagans haue borne such reuerence to this Politique order The Christian hath more occasion to be constant in his vocatiō then the Pagan what sufficiencie so euer hath ben in thē and what néede or necessitie so euer hath happened we that haue an other manner and more cleare light and knowledge of the effect vertue and authoritie of vocation howe can we inconstantly and through arrogancie and vnreuerentnesse forsake or leaue the vocations wherevnto we be called to intrude our selues into any other CHAPTER V. That the wrong persuasion of them that enter into offices causeth their impatience in the same and of the true persuasion and admonition that they ought to receiue which in fleeing impatience enter into the same AS concerning impatience whether the same come of ingratitude attendance labour reproch aduersitie or any suche like thing commonly receiued as we haue said by them that meddle with the Publique the same procéedeth ordinarily of a fond and blinde persuasion which for the most part occupieth their heads which aspire to Publique charges purposing with them selues an other end and issue then they ought to doe as of wealth honours pleasures authoritie and greatnesse for if the contrarie happen as of necessitie it can not otherwise doe vnto him that meaneth to acquite him selfe honestly and vprightly Symonides No more said Symonides then Larks can lacke and want creastes vpon their heades streight in steade of resisting by vertue and patience they enter into choler and impatience wherby they streight abandon and forsake their charges or else abide in them with annoyaunce and gréefe And it befalleth them as Plutarch saith in his Politiques Plutarch as vnto those which for plesure and recreation sake when the weather is faire and cleare and the sea calme be entered into a ship hoping to haue an easie and pleasant nauigation for afterwarde being driuen by souden tempest into the maine sea looking stil vpon the firme lande whence they parted they abide forced compelled in the ship but not without great displeasure It is not therefore with this persuasion that it behoueth to enter into vocations in expectation or hope of particular ease and gaine but contrarily The true persuasion a man ought to haue entring into Publike charges with assurance to be exposed as it were in the maine sea to infinite daungers waues and tempestes For otherwise vnlesse that mans wit and vnderstanding be confirmed and fortified by reason and the knowledge especially of the reuerence due to vocation it is impossible but that he must easily wauer and stray through the infinitie of occasions that be presented though oftentimes but very slight whereas it behooueth that the resolution be not only good and honest in it selfe but also firme not subiect to change lest it happen vnto vs as it doth to likerish deintie mouthes which oftentimes with most feruent appetite desire a meate and when they once haue their fill thereof be streight glutted therewith For so hapneth it to many which after they haue instantly sued and laboured for an office and trade of liuing be incontinently anoyed with the same by reason of the weaknesse of their imagination apprehension of the publique respect transported for the most part with their owne particular And therefore sayde the Philosopher Panetius Panetius they that be called to dealing in affaires being exposed to many dangers very difficult to preuent ought to do as wrestlers which being called to the combate and vpon the point of wrestling do plant them selues strongly vppon the ground with both their armes raysed alofte and set right vppe before them for a rampire readie and prouided to defend and assayle For euen so sayde he the man constituted in a Publique charge ought to be prudent and fortified with constancie against all assaultes wherevnto he is continually exposed lest that by chaunce he be taken vnprouided and forced by impatience in the end to say that which Demosthenes saide Demosthenes ouercome with impatience hauing experimented the troubles men receiue in gouernment and administration Publique that if two wayes were layde before him the one to the gouernement of Publique affaires and the other to hell that he woulde sooner choose that which led to hell then the other
kingdome of Macedon the lesse vnto his successours yea greater saide he because it shal be the more durable and farre surer CHAPTER VI. Of the exteriour vocation to the Imperiall dignitie as well of the East as of the West BEside the Royall vocation there is the Imperiall calling whereof we haue not yet spoken wherevnto it appeareth that men haue entred by diuers meanes For it is moste certeine that the first vsurped that authoritie by force and violence As Iulius Caesar Augustus and sithens them some of their successours partely by consent of their souldiours and authoritie of the Senate and partely by the only election of their souldiours but in sundrie manners some violent and forced the other voluntarie and agréeable The Empire diuided into two the East and the West And this Imperial authoritie growing in the end to suche féeblenesse and decay as that it helde no more title in Italie and the West Countries the Romanes were constrained in the time of Constantine sonne to Leon the fourth eight hundred yeres sithens or there about to addresse themselues to the Frenche so that the Imperiall maiestie was diuided parte in the West The West Empire and parte in the Easte The West was put into the handes of Charlemaine and his successours almoste all Almans vnto this present day The East Empire The Empire of the East through the ouer greate cowardize and negligence of the Emperours of Greece is fallen into the Turkes handes and deteined in extreame tyrannie by them of Othomans house and race the whiche beganne to growe in greatnesse estimation thrée hundred yeares sithens or there about during the Empire of Albert of Austriche But to returne to our West Empire and the manner of calling therevnto Charlemaine first Emperor of the West after it was diuided from the East the manner how Charlemaine as we haue saide was the first called to that dignitie seuered and diuided from the East béeing at Rome and hauing there restablished Pope Leon into his pontificacie or bishops sea whence the Romanes had expelled him as it is written vpon Christmasse day in the Euening the Pope with a lowde voice proclamed Charlemaine Emperour of the Romanes alwayes August and prosperous and that Charlemaine refused to accept the Imperiall title without the consent and fauour of them of Constantinople then chiefe seate of the Empire and of the Emperour him selfe who was then there with his mother Irene Sithens that The Imperiall vocations in these dayes by reason of sundrie troubles happened while the West Empire was vacant as wel by meanes of diuers Princes as of the Pope either of them pretending right and authoritie in the same Otho 3. it was thought good in the time of the Emperour Otho 3. Gregorie 5. and of Pope Gregorie the first of that name about fiue hundred yeares ago that thencefoorth the Empire should be prouided for by voyce of election The seuen electors of the Emperour And that there should be seuen Electours made and created of the greatest Princes of Almain who should haue power and authoritie to choose him To wit the Archebishops of Mayence Coloigne and Treuers the king of Boheme the countie Palatine of Rhene the Duke of Saxonie the Marquis of Brandenburge which is the manner obserued euen to our dayes in calling Emperours to that authoritie and dignitie CHAPTER VII Of the exteriour vocation of them whiche ought to gouerne during the nonage minoritie of a king IT commeth to purpose to treate here of an other vocation no lesse necessarie then the Royall to wit of them vnto whom the gouernement of a realme ought to be giuen the King being vnable to commaunde and rule by reason of his tendernesse of age that is to say being vnder fourtéene yeares and consequently to knowe vnto whome it apperteineth to call men therevnto Some be of opinion Legitime vocation that as we haue said the Royal vocation to be legitime in this realme that is to say ruled by succession introduced by the lawe and not electiue that so likewise the calling to that gouernement charge ought to be iudged legitime But the question hath béene whether the same ought therefore to be ruled according to the disposition of the ciuil lawe whiche calleth the next of kinne to sucéede and before him the mother Women debarred from all administration by the Emperour Iustinians constutions according to the Emperoure Iustinian his institution because it hath béene called againe in doubt whether the same constitution may and ought to reache in a case of administration of so great importance as the same of a realme the infirmitie of the sexe hauing béene found suche that all other administration the same of her owne children excepted hath béene prohibited and defended her Howbeit it is certeine if we will herein followe examples that we shall finde infinite wiues aswell of Kinges Emperours and other Monarchies whiche haue gouerned and ruled bothe prosperously and wisely to the well liking and contentation of their subiects during the Nonage of their children But it séemeth to many that the particular disposition of the law Salike for this realme The lawe Salike doth not in any case permitte that the female should be admitted to the same Wherevnto a man might aunswere that the lawe Salike doeth in déede exclude women but it is from the Royall title and not from tuition and gouernement Feodarie customes no more then the lawes and chiefly our feodarie customes doe debarre women from the administration of fieofie although they exclude them in diuers places from the segniorie or souereigntie of the same And whereas it may be saide that there is greate difference betwéene the administration of a kingdome and the administration and gouernement of a fieofe for answere therevnto among other particular examples of our histories the example of S. Loys mother is alledged which in déede euerie man indeuoureth to wrest to his owne sense and purpose But there be some whiche leauing this legitime vocation will contrarily mainteine The electiue vocation that the same ought to be electiue according to the vniuersall custome of this realme He meaneth Fraunce by the whiche all tutelages be electiue commonly called datiues and not legitime and that it should belong to the states of this realme to prouide the same by election because the Royall and moste auncient lawe hauing transferred all the right of commaundement and administration whiche belonged to the people to one alone and the exercise of that power and authoritie ceassing for a time in the person of him that can not exercise it the same ought in the meane while to returne whence it came first and remaine there vntill suche time as there be by their consente méete and sufficient persons prouided and deputed to exercise the same authoritie allowing for all that that the legitime ought to bee preferred before all other But thoughe this opinion were