Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	king_n	law_n	monarchy_n	1,734	5	9.5667	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A62230	Summus angliæ seneschallus, or, A survey of the Lord High-Steward of England his office, dignity, and jurisdiction, particularly the manner of arraigning a peer indicted of treason, or felony : in a letter to the Lords in the Tower ...	Saunders, Edmund, Sir, d. 1683.	1680 (1680)	Wing S745; ESTC R9936	19,870	38

the offence such he ought not to be Attainted by general words by Authority of Parliament as sometime hath been used but the Treason ought to be specially expressed seeing that the Court of Parliament is the Highest and most Honourable Court of Justice and ought to give Example to the Inferiour Magis Exemplis quam praeceptis ducimur QUERY XIV Whether a Subject of one Kingdom guilty of Treason flying into another Kingdom ought to be remitted to his own Soveraign SOL. It is holden and so it hath been resolved that divided Kingdoms under several Kings in League one with another are Sanctuaries for Servants or Subjects flying for safety and upon demand are not by the Laws and Liberties of Kingdoms to be delivered And this Opinion seems grounded upon the Law in Dout. c. 23. v. 15. Thou shalt not deliver unto his Master the Servant which is escaped from his Master unto thee When the Lord Paget and Arundel came into France Sir Edward Stafford Camb. El. 1584. Queen Eliz. Ambassadour there diligently observed them yet could by no means discover what they attempted he desir'd nevertheless of the French King that they with Morgan and other English who were practising against their Prince and Country might be removed out of France To which he received this answer That if they attempted any thing in France the King would punish them according to Law That all Kingdoms were free for Fugitives and that it was the great concernment of Kings to maintain every one the Priviledges of his own Kingdom That Queen Eliz had not long since received into her Kingdom Montgomery the Prince of Conde and others of the French Nation and that Sagury the King of Navarr's Embassadour was in England at this very time practising to move new troubles against the French King King H. 8. in the 28th year of his Reign being in League with the French King and in Enmity with the Pope who was in League likewise with France and had sent Cardinal Poole Embassadour to the French King of whom K. H. 8. demanded the said Cardinal being his Subject and Attainted of Treason and to that end caused a Treatise to be publisht that it ought to be done Jure Gentium sed non praevaluit Ferdinando King of Spain upon request made by H. 7. to have Edmond de la Poole Earl of Suffolk Attainted of High-Treason by Parliament A. 19. H. 7. at first intending to observe the Priviledge and Liberty of Kings in protecting such as came to him for succour and protection delivered him not yet in the end upon the earnest request of the King and his promise not to put him to death he caused the said Earl to be delivered up to the King who kept him in Prison and construing his promise to be but personal commanded his Son Henry after his death to execute him which he caused to be done in the fifth year of his Reign I shall add one more Example of a Remission out of Zouch Treat de Judicio inter Gentes Cum quidam Seywardus Scotus qui Mariam Scotorum Reginam veneno tollere conatus est in Anglia deprehenderetur Ed. Sextus Rex Angliae eum in manus Regis Galliae tradidit ut debito supplicio Remitteretur quod Nonnullis displicuit quia etsi ratio suadeat ut qui in Patria deliquit in Patria Puniatur aliter tamen de consuetudine quod Remissionem usurpatum est Having now run thorough the several Query's which your Lordships have thought fit to propose I Shall venture to set one step further and start Another of my Own with some Offers toward the Solution of which I will make an end Viz. QUERY XV. Whether in any Case it be Lawful for Subjects to Oppose their Prince SOL. It must be resolv'd in the Negative And that in any Case or upon any Pretence whatsoever it is utterly unlawful for Subjects joyntly or singly collectively or representatively to make any violent Opposition against their Soveraign or to Resist him either in an Offensive or a desensive way This Assertion you will find to be a Truth that is Consonant to Holy Writ Reverend Antiquity Sound Reason and to the Municipal Laws of the Land all the Sophistries and Argumentations that Seditious and corrupted men are able to produce to the contrary notwithstanding I. To begin with Holy Scripture It is clear from Deut. o. 17. v. 12. which commands the Israelites to put away evil from amongst them by bringing to Publique Justice all such Mutinous and Presumptious persons as refus'd to Obey the High Priest and the Judge that God imposed an Obligation even upon his own People not to Resist the Supreme Magistrate And v. 13. makes the Reason of this Severity to be to preserve the People from being Poyson'd in then Allegiance by the Malignity of such Examples That all the People under what Notion or Qualification soever may Hear and fear and do no more presumptuously The same express Warrant of the Word and to the self-same purpose there is in Joshua C. 1. v. 18. Whosoever he be says the Almighty speaking to him that doth rebel against thy Commandment and will not harken to thy words in all that thou commandest him he shall be put to death Saul is generally condemned for persecuting David and attempting upon his Life And yet though David had him twice at his mercy he was not to be prevail'd upon to do him any Harm 1 Sam c. 24. v. 6. and C. 26. v. 11. For who says he can lay his hand upon who can touch who can stretch forth his hand against the Lords Anointed and be Guilvless Now the Signification of the Scripture phrase Touch or stretch forth the hand against the Lords Anointed is of a Large Extent And the Guilt of this Horrid Crime may be incurr'd either by lifting up our heels in scorn against our King Psal 41. v 9. By taking up Arms in our own defence for whosoever Resisteth the Power Resisteth the Ordinance of God Rom. 13. By not bringing to light such Traiterous Conspiracies as we know to be forming against him Lev. 5. By not endeavouring to defend him when we see him in danger for Qui non vetat peccare cum possit jubet By striking at his Crown usurping upon his Prerogative or depriving him of his Revenue Jer. 18. v. 18 By Speaking or even Thinking evil of him for as the Tongue can strike without a Hand so the Heart can curse without a Tongue Or in a Word by any sort of indignity or out-rage offer'd either to his Authority or Person But to proceed Doth not Saint Paul enjoyn that every Soul be Subject to the Higher Powers for there is no Power but of God and they that Resist shall receive to themselves Damnation Nay and doth not Saint Peter also inculcate a Patient Toleration of injuries 1 Pet. 2. v. 19.20 21 22. and recommend unto our imitation the Example of

our Blessed Saviour who when he was reviled reviled not again when he suffered he threaten'd not but referr'd the Vengeance to him that judgeth Righteously If ever man had just Cause to Resist then had he yet would he not do it but check'd Saint Peters forwardness that way with a Whoso taketh up the Sword Mat. 26. v. 52. shall perish by the Sword We find in the Creed that Pontius Pilate is Recorded by the Holy Ghost which influenced the Church in the composing of it this now was certainly done for our Edification and to insinuate that as we tender our Salvation by our Faith in Christ we must be careful of paying a Chearful Obedience to the Lawful Commands of the Magistrate and to submit humbly and Suffering to those that are otherwise And this Obligation continues even though the Prince should be a Heathen and the Cause we smart for Christ and his Church II. As to Reverend Antiquity Saint Ambrose upon the Point of Non-Resistance discourses to this effect I have not so learn'd Christ says he as to seek by force to oppose Authority I can mourn and Lament but for Other Resistance I neither will nor ought to make any Saint Cyprian speaks to the same purpose It is out of a Principle of Conscience says he that none of us make any Opposition when we are unjustly Seiz'd upon or study a Revenge upon our Tormentors for the Numerousness of our Party were otherwise sufficient to bear us out in such a Design And so does Tertullian We are not says he despoyl'd of our Goods they are only Sequestred for our benefit and entrusted in safe hands God keeps them for our use and will return them with ample Encrease If you abstain from Fighting he will Espouse your Quarrel and question not but your Enemies will have the worst on 't for your Wounds will Save you and if you fall Martyrs you will rise Saints What cannot our sufferings bring about They make even God himself our Debtor he Owes us Heaven for our selves and he owes Hell for our Enemies But yet we breath our Souls in prayer that he may be entreated not to pay This. What Example now can there be more Glorious or more Instructive then that of the Theban Legion recorded in Ecclesiastical Story The Emperour Maximinian commanding his Army to offer Sacrifice to False Gods this Band consisting of about 7000 men remov'd their Quarters to the end that they might avoid giving offence but yet he presses them to bear a part in this Diabolical service and upon their humble refusal puts them forthwith to a Decimation which they chearsthy submit unto praying fut their Murtherers The Tyrant would not yet be sotisfied but renew'd his Commands to the Remainder of them and finding them still to continue Resolute rather to die than to disobey God he butcher'd them all without the least Resistance on their part This was truly to Confess him that was led as a sheep to the Slaughter Nay so very Fruitful are the Antient Fathers in Instances of this quality that it would be but Superfluous to recount any more of them the General Practice of the Primitive Christians being so evident in this point that the greatest Sticklers for that sin of Witchcraft Rebellion have not the Confidence to deny it III. That a Liberty to Resist those in whom the Law has plac'd the Power of the Sword is Repugnant to Sound Reason I shall endeavour to make out by the following Arguments 1. Such a License to Subjects against their Rulers is destructive of the very Nature of Government and of Humane Society for it dissolves the sinews of the State and splits it into as many Factions as it has Enemies And it is impossible to conceive Two Equal Supremacies of Power in the Nation and yet the Kingdome to remaine One. For this it is that distinguishes England France Spain and all other Independent Kingdomes one from another But then it is Childish to Fancy the Policy of any Monarchy much less of our own to be so grosly defective as to be the Author of its own ruine by dividing the State Legally against it self So that to take up Arms without or against Authority is down right Rebellion and the Consequence Murther and Rapine 2. It is both Reasonable and necessary that all Governments should have a Supereminent Coercive Power over Particular Persons for otherwise a City would immediately be hurry'd into an Anarchy and that which ought to be One Entire Body become so many Independnet men 3. That which to One Private Person is due as a Man the same is also due to Another and if I may assume to my self a power of judging when to Resist my Prince every private man may do so too Now what Peace what Society can there be hop'd for where every one is at freedom to discharge himself from the Obligation of all Humane Laws and to oppose them at pleasure Or what Obedience can consist with such Resistance Nor will such Libertines know where to stop for it is usual for them to fall foul upon all such as have a deeper sense of Honesty and Allegiance than themselves And what Law of God or Man was ever heard of that approv'd of my Murthering a Loyal man because I my self am a Rebel Beside that this Lewd Opinion Equally wounds the very Assertors of it for any body may be allow'd to do That to Them which they have done to their Rightful Prince and his Faithful Subjects 4. Now Touching the Muncipal Laws of the Land that this Resistance is against Them Lib. 5. c. 8. I shall make it Evident Bracton says Si ab eo scil Rege Petatur cum Breve non Currat contra Ipsum locus erit supplicationi quod factum suum Corrigat Emendat quod quidem si non fecerit satis sufficit ei ad paenam quod Dominum Expectet ●ltorem Nemo quidem de factis suis presumat disputare Multo fortius contra factum suum venire If a Subject find himself agriev'd by the King he is put to his Petition because no Writ can lie against him for Redress which if he will not vouchsafe it is a sufficient Penalty that he is to expect Punishment from the Almighty No man may presume to question what He does much less to Oppose him Fleta concurs with Bracton in this point Vid. Lib. 1. C. 17. And Lombard writes thus Nemo Dominum says he judicet vel judicium proferat super eum cujus Ligius sit So likewise the Statute of 25. Ed. 3. c. 2. de proditionibus makes it Treason to compass the Death of the King And to what end should these or any other Provisions against Treason have been establish'd if Resistance were in Any Case Lawful Or what does the Oath of Allegiance signify if the people may take up Arms against their Prince at pleasure The Form of it runs thus You shall swear that from this day forward you shall be True and Faithful unto our Soveraign Lord King Charles and Truth and Faith shall bear of Lise and Member and Terrene Honour and you shall neither know nor hear of any Ill or Dammage intended unto him that you shall not defend c. My Lord Coke comments upon it that the Subject and Effect of this Oath is due by the Law of Nature the Form and Addition is ex provisione Hominis To Conclude the Famous Bishop Merks is Positive That a King by Lineal succession being Lawfully invested cannot upon Imputation either of Negligence or Tyranny be Opposed or Deposed by his own Subjects Thus having given your Lordships a description of the Lord High-Stewards Office and the manner how a Peer is to be Arraigned before him with such Solutions to your several Queries as I have collected out of the Books of Law and History I shall conclude all with this Advertisement That the surest way to escape both the Guilt and Punishment of High-Treason is to Fear God and Honour the King Eccles 13. v. 28. The Counsel given us by the wisest of Kings is worthy to be adverted to Think not evil of the King in thy Heart neither utter it with thy lips lest a Bird of the Air carry the voice and that which hath wings discover the matter Let us detest the Principles believ'd and practis'd by those Audacious Violators of Royal Majesty the Spawn of Loyola and keep fast to the Doctrine of our own Church which positively Asserts That the sacred Bond of Subjects in Obedience to their Soveraign is inviolable and cannot be dissolved either upon the account of supposed crimes in the person of the Prince as Tyranny Infidelity Heresie c. Or by any Acts of the Bishops of Rome as Dispensations Excommunications c. It was once said in Valonger's Gass that he that is throughly Popish may easily be warpt from his Loyalty My Lords I am Your Lordships In all Justice Ed. S. From my Chamber in the Temple Jan. 17. 1680. FINIS