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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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confirmation of those Laws which they had made as Livie relates could not be said to make them by the right of Majestie Secondly a second Right of Majesty is extreame provocation that is that Subjects cannot appeale from the Laws that are made by Imperiall Majesty For it is a most certain signe of a limited power if an appeale may be made from the Law giver to a Superiour And hereupon Bodinus infers that the Dictators did not shine with Royall Majesty and that they were not the chiefe Magistrates but Curatours onely or Commisaries as we call them For the Father of Fabius did appeale from Papirius then Dictatour unto the people Ad Tribunos appello so Livie repeates his words ad populum provoco qui plus quàm Dictatura potest I appeale saith he to the Tribunes I protest to the people who have more power than the Dictatorship Now an Appeale as Bedinus hath it is a Suspension of the jurisdiction of an inferiour Judge by a lawfull invocation of a superior made in the same judicial place and alwayes ascends with the order of Magistrates untill it comes to the highest power in which it must necessarily acquiesce and rest As for example In the Romane Empire the chiefe tribunall is the Imperiall Chamber In France and with us in England the High Court of Parliament and in other inferiour Principalities the Princes chiefe Court A third right of Majesty is the Creation of Dukes Marquesses Earles Barrons and other Noble men For it is without doubt that the King or Emperour is the Fountaine of all Nobility and Dignity Fourthly another Prerogative of Majesty is the founding of Academies For this is referred to the eminence preheminence of Kings Emperours which the Pope cannot as Baldus doth insinuate without unjust usurpation ascribe to himselfe And this not to speak of our own two famous Universities the most ancient Academies do evidence unto us of which the University of Bononia the mother of Students which was first erected by Theodosius afterwards repaired by Carolus Magnus and endued by them with many immunities and priviledges is a sufficient witnesse What shall I say of the Vniversities of Prague Paris and Padua who acknowledge not without respective gratitude the Emperours of the same name to be their Founders and Benefactors And therefore the approbation of the Pope is not requisite for the founding of an Academy because the Civilians tell us that the jurisdiction which is exercised beyond the territory of him that commands is most worthily to be rejected Lastly other Politicians are wont to referre to the Regalities of Majesty the Calling of Councills and Synods Legitimation Restitution of fame the ordering of all judicialls the indicting of war and conclusion of Peace and the like of which you may reade in Althus in Pol. C. 7. and Thom. Mich de jurisdict Concil. 11.32 and 47. The lesser Rights belonging to Majesty which the King or Emperour may more easily dispence with then the Greater are the Remitting or lessening of penalties and mulcts customes tributes the rights of faires or publiplique Mercats of which you may likewise reade L. un C. de nund Jus Saxon. l. 3. art 66. and l. 2. art 26. Mysing 5. obser. 29. n. 1.2 Nou. 89. C. 9. Vult l. 1. Iurisp c. 23. n. 13. But to returne where we did digresse the King who hath the cheife and absolute command in Monarchy the parent yea the author of the law and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} a living law is far greater then the law as one who by authority given him from God can when he sees it fitting whether his Subjects will or no yea without their consent either make or abrogate the law Nor hinders it that he makes use of Counsellours and Ministers for so he doth lessen his care and sollicitude which in the government of a Kingdom aright is the greatest but not diminish the power of his Command or Ecclipse his Majesty The Emperours were wont to say that we account it of our Princely clemencie Worthy Senatours if when hereafter any emergent necessity shall happen either in the private or publique cause which doth require a generall forme and not inserted in the ancient laws that it be treated of by all as well the Peeres of our Court aforehand as by your most Honourable assembly and that if it shall seeme good to all the Iudges as well as your selves it be then dictated as a law and so when you be all met together that it be read again and when all shall have consented unto it then at length that it be repeated in the sacred Consistorie of our Majesty that so the common consent of all may be confirmed with the authority of our Highnesse c. Hence is that of the Iurisconsults that a Prince alone can make statutes although it be his courtesie that he doth admit the Counsell of his Peeres The Communication of Counsels doth not introduce a Consortship of the Kingdom For the rights of Majesty as Bodinus hath it may be attributed to the chiefe Prince but not to Magistrates or private men but if they be ascribed to either then they cease to be the prerogatives of Majesty And as a crown if it be distracted into parts or communicated loseth the name of a Crown so the rights of Majesty vanish if they be communicated with the subject That which is more evident by the common decrees of the Lawyers Those rights can neither be passed away nor divided nor any wayes abalienated from the chiefe Prince nor can they be prescribed by any diuturnity of time For which cause Baldus doth call them Sacra Sacrorum and Cynus the Individualls of Majesty But if the chief Prince shal once Communicate these unto the subject instead of a Servant he is like to have a consort of his Empire and in the meane while he loseth the Regality of Majesty in that he cannot be said to be the chief Prince because he is chiefe who neither hath a Superiour nor yet Co-partner of his Empire But because Princes when they are publikely inaugurated doe religiously promise that they wil maintain the rights of their Ancestors the former Constitutions of the Empire and other things of that nature therefore may some thinke they are tyed by their oath to observe them nor can they with a safe conscience any way relinquish them To this it is answered that Princes do no wayes prejudice themselves by swearing but that they may as freely administer to the good of the Common-wealth as if they had not sworn at al for they sweare nothing but that to which if they had not sworne they are obliged For that which is just and equal that by their office they are bound to observe and do but to doe that which is evil and unjust they cannot be bound by any Covenant or promise whatsoever though they have