I Conceive Kings are conceived to have a threefold supreme power.1 1. Strictly absolute, to do what they please, their will being simply a law; this is Tyrannical, some Kings have it, de facto, ex consuetudine, but by a divine law none have it; I doubt if any have it by a human positive law, except the great Turk, and the King of Spain over his conquest without the borders of Europe, and some few other conquerors. There is another 2. power limited to Gods law, the due proper right of Kings, Deut. 17. 18. 19. 20. There is 3. a potest as intermedia, a middle power, not so vast as that which is absolute and tyrannical, which yet is some way humane: this I take Jurists call jus regium, lex regia, jura Regalia regis, Cicero2 jura Majestatis, Livius, jura imperii, and these Royal privileges are such common and high dignities, as no one particular magistrate can have, seeing they are common to all the kingdom, as that Cesar only should coin money in his own name. Hence the penny given to Christ, because it had Caesars image and superscription. Math. 22. 20, 21. Infer by way of argumentation, [Greek or Hebrew], &c. give therefore tribute to Cesar, as his due, so the Magazine and Armoury for the safety of the Kingdom is in the Kings hand, the King hath the like of ⟨p. 390⟩these privileges, because he is the common, supreme, public officer and Minister of God for the good of the whole Kingdom, and amongst these Royal privileges, I reckon that power that is given to the King, when he is made King, to do many things without warrant of the letter of the law, without the express consent of his council, which he cannot always carry about with him, as the law saith. The King shall not raise arms without consent of the Parliament, but if an army of Irish, or Danes, or Spaniards should suddenly land in Scotland, he hath power without a formally convened Parliament, to command them all to rise in arms against these invaders, and defend themselves, this power no inferior Magistrate hath as he is, but such a Magistrate. And in many such exigences, when the necessity of justice or grace requireth an extemporal exposition of Laws, Prorenat•, for present necessary execution, some say only the Emperor, others all Kings have these privileges. I am of the mind of Arnisaeus, that these privileges are not rewards3 given to Princes for their great pains.
I Conceive Kings are conceived to have a threefold supreme power.1 1. Strictly absolute, to do what they please, their will being simply a law; this is Tyranicall, some Kings have it, de facto, ex consuetudine, but by a divine law none have it; I doubt if any have it by a human positive law, except the great Turk, and the King of Spaine over his conquest without the borders of Europe, and some few other conquerours. There is another 2. power limited to Gods law, the due proper right of Kings, Deut. 17. 18. 19. 20. There is 3. a potest as intermedia, a middle power, not so vast as that which is absolute and tyrannicall, which yet is some way humane: this I take Iurists call jus regium, lex regia, jura Regalia regis, Cicero2 jura Majestatis, Livius, jura imperii, and these Royall priviledges are such common and high dignities, as no one particular magistrate can have, seeing they are common to all the kingdom, as that Cesar only should coyne money in his own name. Hence the penny given to Christ, because it had Cesars image and superscription. Math. 22. 20, 21. Infer by way of argumentation, 〈non-Latin alphabet〉, &c. give therefore tribute to Cesar, as his due, so the Magazine and Armory for the safety of the Kingdom is in the Kings hand, the King hath the like of ⟨p. 390⟩these priviledges, because he is the common, supreame, publick officer and Minister of God for the good of the whole Kingdom, and amongst these Royall priviledges, I reckon that power that is given to the King, when he is made King, to do many things without warrant of the letter of the law, without the expresse consent of his counsell, which he cannot alwayes carry about with him, as the law saith. The King shall not raise armes without consent of the Parliament, but if an army of Irish, or Danes, or Spanyards should suddenly land in Scotland, he hath power without a formally conveened Parliament, to command them all to rise in armes against these invaders, and defend themselves, this power no inferiour Magistrate hath as he is, but such a Magistrate. And in many such exigences, when the necessity of justice or grace requireth an extemporall exposition of Lawes, Prorenat•, for present necessary execution, some say onely the Emperour, others all Kings have these priviledges. I am of the minde of Arnisaeus, that these priviledges are not rewards
- 1A threefold supreme power.A threefold supreame power.
- 2What be jura regalia or jura majestatis.
- 3Arnisaeus de […] 6. ma•. •. 1. • 3. pag. 15•. 158.Arnisaeus de 〈…〉 6. ma•. •. 1. • 3. pag. 15•. 158.
