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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A85738 Royalty and loyalty or A short survey of the power of kings over their subjects: and the duty of subjects to their kings. Abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his Ma.tie. and both Howses of Parliament, for the more speedy effecting of a pacification / by Ro: Grosse dd: 1647 Grosse, Robert, D.D. 1647 (1647) Wing G2078; Thomason E397_3; ESTC R201664 38,810 64

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any thing contrary to Law in a tyrannicall manner to the subversion of Justice in this case they are reserved to the judgement of God sinning against him onely Of those things which are committed to Kings by God they are only to give an account unto God So far he Tertullian in his Apologie Rhetorizes it thus We saith he doe invoke the eternall God the true God the living God for the safety of Emperours whom even the Emperours desire above all others to be propitious unto them They know who hath given power unto them who men under them who their owne soules They acknowledge it is God onely in whose power alone they are from whom they are second next him the first before all Gods and above all men Saint Jerome saith of David that he repenting after he had accumulated murther upon his adultery did say to God Against thee onely have I sinned because he was a King and feared not man Before S. Jerome S. Ambrose thus descants on him David sinned as most Kings doe but David repented wept and mourned which most Kings doe not That which private men are ashamed to doe the King was not ashamed to confesse they that are bound by Laws dare deny their sin and disdaine to aske pardon which he implored who was not bound by humane Lawes He was a King he was tyed by no Laws because Kings are free from the 〈◊〉 of transgressions for they are not called to punisment by the Laws being free by the power of their command He did not therefore sin against man because he was not subject to man After him let us confort 〈…〉 lar How far better then is the Emperour 〈◊〉 not tyed to the same Laws and hath power to make other Lawes and in another ●ce there is a command upon Judges that they 〈◊〉 revoke sentence that is once passed upon an offender and shall the Emperour be under the same Law for he alone may revoke the sentence absolve him that is condemned and give him his life Gregorie Arch Bishop of Tours thus speaks to Chelperick King of France If any of us O King shall transgresse the limits of Justice he may be corrected by you but if you shall exceed the same limits who shall question 〈◊〉 for we indeed doe speake unto you and if you will you heare us if you will not who shall condemne you but onely he who hath pronounced him selfe to be Justice it selfe Otto Frisingensis writes to Frederick O●n●barius in these words Furthermore whereas there is no person in the world which is not subject to the Laws of the world by being subject may not be enforced onely Kings as being constituted above Laws and reserved to the Judgement of God are not 〈◊〉 by the Laws of men Hence is that testimony of that King and Prophet Against thee onely have I sinned it 〈…〉 then a King not onely nobilitated with magnanimity of spirit but illuminated 〈◊〉 divine grace to acknowledge his Creator to have alwayes in his mind the King of Kings and Lord of Lords and as much as in him lyes to take heed by all means not to fall into his hands For when as according to that of the Apostle to every man It is a fearfull thing to fall into the hands of the living God It will be so much the more fearfull for Kings who besides him have none above them whom they may feare by how much above others they may sin more freely Which sayings of the Fathers and other Writers Divine and profane thus premised I cannot but wonder at the stupid ignorance and ignorant wilfulnesse of such men who would make the world believe that it is in the power of the Pope or of the People or of the Peeres to call Kings in question and reduce them to order if they be extravagant And if there be a lawfull cause saith Bellarmine the Multitude may change the Kingdome into an Aristocracie or Democracie and on the contrary as we reade hath beene done at Rome But to speak truly there can be no cause without the expresse command of God either expressed or excogitated for which it may be lawfull for Subjects either to depose or put to death or any other way restrain their King be he never so wicked never so flagitious We doe not deny but this thing hath been done at Rome as Bellarmine confesseth but by what right let him look to it We must not look so much what hath been done at Rome as the Romane Laws advise us as what ought to be done But Bellarmine doth affirme that the King is above the people and that he acknowledgeth no other beside 〈…〉 his 〈…〉 temporall things But to returne whe● 〈…〉 The power of a King over his people is expressed by Samuel to which they must of necessity 〈…〉 without resistances Not that the King was to 〈◊〉 so by right as Samuel had told the Israelites 〈◊〉 would for the Law of God did prescribe 〈◊〉 a far more differing forme of Government Then sh●ls in any wise set him 〈…〉 whom the Lord thy God shall choose saith Moses But he shall not 〈…〉 to himselfe nor cause the people to returne into Egypt to the end that he should multiply horses forasmuch as the Lord hath said unto you Ye shall henceforth returne no more that way Neither shall he multiply 〈◊〉 himselfe that his heart turne 〈…〉 neither shall he greatly multiply to himself silver and gold But because it was the common custome of the Kings of the Nations whose example they desired to imitate in asking of a King as other Nations had so to doe For Samuel doth not speak to him that should be their King but to the people that desired a King Yea and he wrote this Law of a Kingdome which he there describes in a 〈◊〉 and put it before the Lord that is into 〈…〉 of the Covenant that it might be for 〈…〉 all for ever and a testimony to their posterity of those things which he had foretold Joseph l. 6. Antiq. Judaic c. 5. Where yet we must distinguish between the rash and gready desire of Kings and the utility and necessity of Common-wealths If a King spurred on by a private desire and ravenous lust of having doth claime such things as are there described he deales unjustly and tyrannically but if the safety and necessity of the Common-wealth so requiring he demands those things then he doth not unjustly if he doth use his Kingly power Againe we must distinguish also betweene the thing and the manner of the thing If a King in exacting these things doth observe a just and lawfull manner and without compulsion violence doth require the help of his subjects as their labours tenths and tributes for the supporting of the State and necessity of his Kingdome he cannot be said 〈◊〉 be a tyrant or deale injuriously But if he shall goe beyond the bounds of Necessity and ●egality