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A56468 A conference about the next succession to the crown of England divided into two parts : the first containeth the discourse of a civil lawyer, how and in what manner propinquity of bloud is to be preferred : the second containeth the speech of a temporal lawyer about the particular titles of all such as do, or may, pretend (within England or without) to the next succession : whereunto is also added a new and perfect arbor and genealogy of the descents of all the kings and princes of England, from the Conquest to the present day, whereby each mans pretence is made more plain ... / published by R. Doleman. Parsons, Robert, 1546-1610.; Allen, William, 1532-1594.; Englefield, Francis, Sir, d. 1596? 1681 (1681) Wing P568; ESTC R36629 283,893 409

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Nation that was lawfully and orderly preferred to the Imperial Seat 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 Emperor by Succession as also by appointment of his Father Yet was he chosen and admitted again by the Prince and People and that he Swore to fulfil all those points and conditions which the signification of the Emperial Ornament did bind him unto After this about sixteen years or more Pope Gregory the fifth in a Synod holden in Rome did by the consent of Otho the third Emperour and Nephew unto this other Otho of whom we have now treated appoint a certain Form of Election for the time to come of the German Emperour to wit that he should be chosen by six Princes of Germany three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and three Temporal Lords to wit the Duke of Saxony the Count Palatine of Rhene and the Marquess of Brandeuburg and when these six voices should happen to be equally divided then that the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election All which was determined in the year 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 this of his Coronation and his Oath to be taken for his well Government was and is most exactly set down and recorded by many Historiographers of that time and since But I shall aledge them out of John Sleydan as the most convenient Author for this our time and purpose First of all then he Writeth that after any Man is chosen Emperour he is to be called only Caesar and the King of the Romans and not Emperour until he be Crowned and the Conditions which he Sweareth unto presently after his Election Are to defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to Minister Justice equally to all to follow Peace to keep and observe all Laws Rights and Priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no Man without hearing his cause but to suffer the course of Law to have its place in all and whatsoever he shall do otherwise that it be void and of no Validity at all Unto all these Articles he Sweareth first by his Legates and then he giveth a Copy of his Oath in Writing to every one of the six Electors and after this he goeth to the City of Aquis-grun to be Crowned in that great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh whether he be ready to Swear and promise to observe the Catholick Religion defend the Church Minister Justice protect the Widdows and Fatherless and yield dutiful Honour and Obedience to the Pope of Rome Whereunto he answering That he is ready to do all this The Archbishop leadeth him to the high Altar where he Sweareth in express words all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to Swear Obedience and Fealty unto him Who answering Y a He is Annointed by the said Archbishop before the Altar and then do come the other two Archbishhps of Moguntia and Treviers and do lead him into the Vestery where certain Deacons are ready to Apparel him in his Robes and do set him in a Chair upon whom the Archbishop of Colen sayeth certain Prayers and then delivereth him a Sword drawn and putting a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparreled unto the high Altar again He Sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperial seat and Throne where all the Princes of the Empire do Swear obedience and faith unto him beginning with the three Archbishops and continuing on with the three other Electors and so all the rest in order which is a notable and magestical manner of admitting and authorising of a Prince as you see and it is to be marked among other things that the Emperour Sweareth three times once by his Deputies and twice by Himself before his Subjects Swear once unto him and yet will Belloy as you have heard needs have Subjects only bound to their Princes and the Prince nothing at all bound to them again In Polonia which being first a Dukedom was made a Kingdom about the same time that this form of electing of the German Emperour was prescribed the manner of Coronation of their King is in substance the very same that we have declared to be of the Emperour For first of all the Archbishop of Guesua Metropolitant of all Polonia cometh to the King standing before the high Altar and sayeth unto him these words Whereas you are right Noble Prince to receive at our hands at this day who are thought unworthily in place of Christ for execution of this Function the sacred Anointing and other Ceremonies Ensigns and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Thus he beginneth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must Swear what do signifie the Sword the Ring the Scepter and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath is in these Words Promitto coram Deo Angelis ejus I do promise and Swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ his Church and the union of his Catholick Faith and will do and cause to be done due and Canonical Honour unto the Bishops of this Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and Gods holy Gospels After this Oath made by the King and received by the Subjects the Lord Martial General of the whole Kingdom doth ask with a loud voice of all the Councellors Nobility and People there present Whether they be content to submit
this World as also in the World to come in that last and most terrible Judgment of our great Lord and Saviour Jesus Christ and to have my part with Judas as also with the leprosy of Gehazi and with the fear and trembling of damned Cain And besides all this I shall be subject to all punishments that are ordained in the Laws of their Majesties concerning this Affair This Oath did all the Governours of Christian Countries take in old time when Christian Emperours did flourish and it hath remained for a Law and President ever since to all Posterity And if we join this with the other Oaths before set down in the V. Chapter which Emperours and Kings did make themselves unto their Ecclesiastical Prelates at their first Admission about this Point we should see nothing was so much respected in Admission of a Prince or Governour nor ought to be as Religion for that as I have said before this is the chiefest greatest and highest end of every Commonwealth intended both by God and Nature to assist their Subjects to the attaining of their Supernatural end by honouring 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 than of an Assembly of Brutish Creaturs maintained only and governed for to eat drink and live in peace as before hath been declared But the End of man being far higher than this it followeth that whatsoever Prince or Magistrate doth not attend with care to assist and help his subjects to this end omitteth the first and principal 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 temporal Justice and Valour in his Person which two other Points do appertain principally to the humane felicity and baser end of Mans Wel-publick and much more of a Christian Hereof it ensueth also that nothing in the world can so justly exclude an Heir apparent from his Succession as want of Religion nor any cause whatsoever justify and clear the Conscience of the Commonwealth or of particular men that in this Case should resist his Entrance as if they judge him faulty in this point which is the he Head of all the rest and for which all the rest do serve You do remember that before I compared an Heir apparent unto a Spouse betrothed only and not yet married to the Commonwealth Which Espousal or Betrothing according to all Law both Divine and humane may be broken and made void much easier and upon far less causes than an actual perfect Marrying may of which our Saviour himself said Quos Deus conjunxit homo non separet i. e. Whom God hath joyned let no man separate and yet S. Paul to the Corinthians determineth plainly that if two Gentiles married together in their Gentility which none denieth to be true Marriage for so much as concerneth the Civil Contract and afterwards the one of them being made a Christian the other will not live with him or her or if he do yet not without 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 down for a Decree that this is sufficient to break and dissolve utterly this Heathen Marriage although consummate between these two Parties and that the Christian may marry again and this only for want of Religion in the other party which being so in actual Marriage already made and consummate how much more may it serve to undo a a bare Betrothing which is the case of a Pretender only to a Crown as before hath been shewed But you may say perhaps that S. Paul speaketh of an Infidel or Heathen that denieth Christ plainly 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 onely Religion that can be true among Christians as both Reason and Athanasius his Creed doth plainly teach us and moreover seeing that to me there can be no other Faith or Religion available for my Salvation than only that which I my self do believe for that my own Conscience must testify for me or against me certain it is that unto me and my Conscience he which in any point believeth otherwise than I do and standeth wilfully in the same is an Infidel for that he believeth not that which in my Faith and Conscience is the onely and sole Truth whereby he must be saved And if our Saviour Christ himself in his Gospel doth will certain men to be held for Heathens not so much for difference in Faith and Religion as for lack of Humility and 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 do against my Conscience and sin damnably in the sight of God to prefer him to a Charge where he may draw many others to his own errour and perdition wherein I do perswade my self that he remaineth This Doctrine which is common among all Divines is founded upon that discourse of S. Paul to the Romans and Corinthians against such Christians as being invited to the banquets and tables of Gentiles and finding Meats offered to Idoles which themselves do judge to be unlawful to eat did yet eat the same both to the scandal of other infirme men there present as also against their own Judgment and Conscience which the Apostle saith was a damnable sin and this not for that the thing in it self was evil or unlawful as he sheweth but for that they did judge it so and yet did the contrary Qui discernit si manducaverit aamnatus est saith the Apostle He that discerneth or maketh a difference betwean this Meat and others as judging this to be unlawful and yet eateth it he is damned that is to say he sinneth damnably or mortally Whereof the same Apostle yieldeth presently this reason Quia non ex fide i. e. for that he eateth not according to his faith or belief but rather contrary for that he believing it to be evil and unlawful doth notwithstanding eat the same And hereupon S. Paul inferreth this universal Proposition Omne autem quod non est ex side peccatum est i. e. All that is not of faith or according to a mans own belief is sin to him for that it is against his own Conscience Judgment and Belief believing one thing and doing another And seeing our own Conscience must be