Having now spoken of power in general, I shall say somewhat of the governing and ruling power of England; yet because that concerns the Parliament to declare (which they have done) and Lawyers for to clear which they do, I shall but touch upon it, and no more then comes within the compass and verge (I do not say) of a divine but subject. I find therefore in learned Fortescue, Lord Chief-Justice, and after Lord Chancellor in King Henry the sixth time, that he doth distinguish of governed or ruling power into two sorts, the one merely royal, and the other politic. When Kingdoms are ruled by royal government, saith he, then men in atimes past excelling in power, and greedy of dignity and glory, did many times by plain force subdue unto themselves their neighbours the Nations adjoining, and compelled them to do them service, and to obey their commands, which commands, they decreed afterwards to be unto the people, very Laws. Cap. 12. The form of institution of a politic Kingdom is that where a King is mad, and ordained for the defence of the Law of his Subjects, and of their bodies and goods, whereunto he receiveth power of his people, for that he cannot govern his people by any other ⟨p. 16⟩power. Cap. 13. Now, saith he, the King of England cannot alter or change the Laws of his Realm at his pleasure, for he governeth his people by power, not only Royal, but also politic. And accordingly Will. the Conqueror (to go no higher, in whose entrance to the Crown Dr. F. makes the first contrivement of his English government for conscience to rest upon) seems to me to have possest himself of this Kingdom, who though he did conquer the same, yet the first claim or title that he laid to this Crown was gift, which Edward the Confessor2 had made to him; Herald the former King having promised the Crown also to him. In this right he first set foot on the English shore, not in the right of a conquest, but in the right of a gift and promise, as Speed, Camden and others affirm.3 And afterwards when he had obtained the Crown, he swore to use and practise the same good laws of Edward for the common laws of this realm; notwithstanding saith Mr Fox, Amongst the said laws I find in ancient Records, this was part, that the King because he is Vicar of the highest King, is appointed to rule the kingdom, 4and the Lords people, to defend the holy Church;
HAving now spoken of power in generall, I shall say somewhat of the governing and ruling power of England; yet because that concerns the Parliament to declare (which they have done) and Lawyers for to clear which they do, I shall but touch upon it, and no more then comes within the compasse and verge (I do not say) of a divine but subject. I find therefore in learned Fortescue, Lord Chief-Justice, and after Lord Chancellor in King Henry the sixth time, that he doth distinguish of governed or ruling power into two sorts, the one meerly royall, and the other politick. When Kingdoms are ruled by royall government, saith he, then men in atimes past excelling in power, and greedie of dignity and glory, did many times by plain force subdue unto themselves their neighbours the Nations adjoyning, and compelled them to do them service, and to obey their commands, which commands, they decreed afterwards to be unto the people, very Laws. Cap. 12. The forme of institution of a politick Kingdom is that where a King is mad, and ordained for the defence of the Law of his Subjects, and of their bodies and goods, whereunto he receiveth power of his people, for that he cannot govern his people by any other ⟨p. 16⟩power. Cap. 13. Now, saith he, the King of England cannot alter or change the Laws of his Realm at his pleasure, for he governeth his people by power, not onely Royall, but also politick. And accordingly Wil. the Conquerour (to go no higher, in whose entrance to the Crown Dr. F. makes the first contrivement of his English government for conscience to rest upon) seemes to me to have possest himself of this Kingdom, who though he did conquer the same, yet the first claime or title that he laid to this Crown was gift, which Edward the Consessor2 had made to him; Herauld the former King having promised the Crown also to him. In this right he first set foot on the English shore, not in the right of a conquest, but in the right of a gift and promise, as Speed, Cambden and others affirm.3 And afterwards when he had obtained the Crown, he swore to use and practise the same good laws of Edward for the common laws of this realme; notwithstanding saith Mr Fox, Amongst the said lawes I find in ancient Records, this was part, that the King because he is Vicar of the highest King, is appointed to rule the kingdome, 4and the Lords people, to defend the holy Church;
- aHomines quondam potentia per pollentes, avidi dignitatis & gloria vicinas s•pe gentes sibt v••ibus subjugarunt ac ipsis servire obtemperare quoque jussionibus suis compulerunt quas jussiones ex tunc leges hominibus illis esse ipsi sanctierunt. Fortes. de laudibus legum Angl. ca. 12. Ad tutelam namque legis subditarum & corum corpus & bonorum Rex homini erectus est, & ad hanc potestatem a populo esluxam ipse haec, quo einon li•et potestatë alia suo populo dominari. c. 13. Princtpatum namque nedum regali sed & politica, ipse suo populo dominatur. c. 9.
- 2Fox Act. Monum. of Will. Conqueror.
- 3Ex lib. Regum Antiquorum in Pretorio Londinensi. Mr. Fox Act. Moxum. ibid.
- 4Nam precedentibus diebus Edwinus & Morcardus apud London audito interritus Haroldi nuncio urbanos solicitaverunt ut alterutrum in regnum subl•varent, caeteriproceres Edge irum eligerent si Episcopos hererent, sed Angliqui in unam coeunies sententiam pot•issent patrie reso mare ruinam dumb nullum ex•suis volebant • d• xerunt alienū. Gui Malms. •e Will primo, lib. 3 pag 102.Nam precedentibus diebus Edwinus & Morcardus apud London audito interritus Haroldi nuntio urbanos solicitaverunt ut alterutrum in regnum subl•varent, caeteriproceres Edg irum eligerent si Episcopos hererent, sed Angliqui in unam coeunies sententiam pot•issent patrie reso mare ruinam dum nullum ex•suis volebant • d• xerunt alienū. Gui Malms. •e Wil primo, lib. 3 pag 102.
