The governance of England: otherwise called The difference between an absolute and a limited monarchy. A rev. text edited with introd., notes, and appendices by Charles Plummer.

CHAPTER II. WHI OON KING REGNETH REGALITER, AND ANOTHER POLITICE ET REGALITER.

HIT mey peraventur be mervellid be some men, whi on reaume is a lordeshippe only roialle, and the prince therof rulith it bi his lawe callid Jus regale; and a nother kyngdome is a lordshippe roiall and politike, and the prince therof rulith hit bi a lawe callid Jus polliticum et regale; sithin thes ij princes bith of egal estate. To this doute it mey be an|swerde in this maner. The first institucion of thes ij realmes vppon the incorperacion of thaim is cause of this diuersite. Whan Nembroth be myght for his owne glorie made and incorperate the first realme, and subdued it to hymself bi tyrannye, he wolde not have it gouernyd bi any oþer rule or lawe, but bi his owne wille; bi wich and for the accom|plisshment þerof he made it. And therfore though he hade thus made hym a realme, holy scripture disdeyned to call hym a kynge, quia rer dicitur a regendo; wich thynge he did not, but oppressyd the peple bi myght, and therfore he was a tirraunt and callid primus tirrannorum. But holy write callith hym robustus benator coram Domino. Ffor as the hunter takyth the wilde beste for to sle and ete hym, so Nembroth subdued to hym the peple with myght, to haue þer seruice and thair godis, vsing vppon thaim the lord|shippe that is callid dominium regale tantum. Aftir hym Belus that was first callid a kynge, aftir hym is

sone Ninus, and aftir hym other paynemes, þat bi ensample of Nembroth made hem realmes, wolde not haue thaim ruled bi oþer lawes then be ther owne wylles. Wich lawes ben right gode vndir gode princes, and thair kyngdomes bethe than most resembled to the kyngdome of God, wich reigneth vpon man rulynge hym bi his owne will. Wherfore mony cristen princes vsen the same lawe; and ther|fore it is that þe lawes seyn, quod principi placuit, legis habet bigorem. And thus I suppose first be gan in Realmes dominium tantum regale. But aftirwarde, whan mankynde was more mansuete, and bettir dis|posid to vertu, grete comunaltes, as was the felow|shippe that came in to this lande with Brute, willynge to be vnite and made a body pollitike callid a reawme, hauynge an hed to gouerne it;—as aftir the saynge of the philisopher, euery comunalte vnyed of mony parties must nedis haue an hed;—than they chese the same Brute to be þer hed and kynge. And thai and he vpon this incorperacion, institucion, and onynge of hem self in to a reaume, ordenyd the same reaume to be ruled and justified by suche lawes as thai all wolde assent vnto; wich lawe therfore is callid polliticum, and bi cause it is ministrid bi a kynge, it is callid regale. Policia dicitur a poles, quod est plures, et ycos, scientia; quo regimen politicum dicitur regimen plurium scientia siue consilio ministratum. The kynge of Scottis reignith vppon is peple bi this lawe, videlicet, regemine politico et regali. And as Dio|dorus Siculus saith in is boke de priscis historiis, the reawme of Egipte is ruled bi the same lawe, and therfore the kynge therof chaungith not his lawes with owt the assent of his peple. And in like fourme as he saith is ruled the kyngdome of Saba in Felici

Arabia, and the londe of Libie; and also the more parte of all the reawmes of Affrike. Wich maner rule and lordshippe the said Diodorus in that boke praisith gretly; ffor it is not only good for the prince, that mey therby þe more surely do justice than bi is owne arbitrment; but it is also good for his peple þat resseyue thair bi such justice as thai desire thaim self. Now as me semyth it is shewid openly ynough, whi on kynge reignith vpon is peple dominio tantum regali, and that other reignith dominio politico et regali; ffor that on kyngdome be ganne of and bi the might of the prince, and that oþer be ganne bi the desire and institucion of the peple of the same prince.