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A52850 Discourses concerning government, in a way of dialogue wherein, by observations drawn from other kingdoms and states, the excellency of the English government is demonstrated, the causes of the decay thereof are considered, and proper remedies for cure proposed / by Henry Nevill ...; Plato redivivus. 1698 Neville, Henry, 1620-1694. 1698 (1698) Wing N503A; ESTC R39070 112,421 300

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have the full benefit of those Constitutions which were made by our Ancestors for our safe and orderly living our Government is upon a right Basis therefore we must enquire into the Cause why our Laws are not executed when you have found and taken away that Cause all is well The Cause can be no other than this That the King is told and does believe that most of these great Charters or Rights of the people of which we now chiefly treat are against his Majesties Interest though this be very false as has been said yet we will not dispute it at this time but take it for granted so that the King having the Supreme execution of the Laws in his hand cannot be reasonably supposed to be willing to execute them whenever he can chuse whether he will do it or no it being natural for every man not to do any thing against his own Interest when he can help it now when you have thought well what it should be that gives the King a Liberty to chuse whether any part of the Law shall be currant or no you will find that it is the great Power the King enjoys in the Government when the Parliament hath discovered this they will no doubt demand of his Majesty an abatement of his Royal Prerogative in those matters only which concern our enjoyment of our All that is our Lives Liberties and Estates and leave his Royal Power entire and untoucht in all the other branches of it when this is done we shall be as if some great Heroe had performed the adventure of dissolving the Inchantment we have been under so many years And all our Statutes from the highest to the lowest from Magna Charta to that for burying in Woollen will be current and we shall neither fear the bringing in Popery nor Arbitrary Power in the Intervals of Parliament neither will there be any Dissentions in them all Causes of Factions between the Country and Court-party being entirely abolisht so that the People shall have no reason to distrust their Prince nor he them Doct. You make us a fine Golden Age but after all this will you not be pleased to shew us a small prospect of this Canaan or Country of rest will you not vouchsafe to particularize a little what Powers there are in the King which you would have discontinued would you have such Prerogatives abolished or placed elsewhere Eng. Gent. There can be no Government if they be abolished But I will not be like a Man who refuses to sing amongst his Friends at their entreaty because he has an ill Voice I will rather suffer my self to be laught at by you in delivering my small Judgment in this Matter but still with this protestation that I do believe that an Infinity of Men better qualifi'd than my self for such sublime Matters and much more the House of Commons who represent the Wisdom as well as the Power of this Kingdom may find out a far better way than my poor parts and Capacity can suggest The powers then which now being in the Crown do hinder the execution of our Laws and prevent by consequence our happiness and settlement are four The absolute power of making War and peace Treaties and Alliances with all Nations in the World by which means by Ignorant Councellours or Wicked Ministers many of our former Kings have made Confederations and Wars very contrary and destructive to the Interest of England and by the unfortunate management of them have often put the Kingdom in great hazard of Invasion Besides that as long as there is a distinction made between the Court-party and that of the Country there will ever be a Jealousie in the people that those wicked Councellours who may think they can be safe no other way will make Alliances with powerful Princes in which there may be a secret Article by which those Princes shall stipulate to assist them with Forces upon a short warning to curb the Parliament and possibly to change the Government And this apprehension in the People will be the less unreasonable because Oliver Cromwel the great Pattern of some of our Courtiers is notoriously known to have Inserted an Article in his Treaty with Cardinal Mazzarin during this King of France's Minority That he should be assisted with ten thousand Men from France upon occasion to preserve and defend him in his Usurped Government against His Majesty that now is or the People of England or in fine his own Army whose revolt he often feared The Second great Prerogative the King enjoys is the sole Disposal and Ordering of the Militia by Sea and Land Raising Forces Garisoning and Fortifying places Setting out Ships of War so far as he can do all this without putting Taxations upon the People and this not only in the Intervals of Parliament but even during their Session so that they cannot raise the Train-bands of the Country or City to Guard themselves or secure the Peace of the Kingdom The third point is That it is in His Majesties Power to Nominate and Appoint as he pleases and for what time he thinks fit all the Officers of the Kingdom that are of Trust or profit both Civil Military and Ecclesiastical as they will be called except where there is Jus Patronatus These two last Powers may furnish a Prince who will hearken to ill designing Councellours with the means either of Invading the Government by Force or by his Judges and other Creatures undermining it by Fraud Especially by enjoying the Fourth Advantage which is the Laying out and Imploying as he pleases all the Publick Revenues of the Crown or Kingdom and that without having any regard except he thinks fit to the necessity of the Navy or any other thing that concerns the Safety of the Publick So that all these Four great Powers as things now stand may be adoperated at any time as well to destroy and ruine the good Order and Government of the State as to preserve and support it as they ought to do Nob. Ven. But if you divest the King of these Powers will you have the Parliament sit always to Govern these Matters Eng. Gent. Sir I would not divest the King of them much less would I have the Parliament assume them or perpetuate their Sitting They are a Body more fitted to make Laws and punish the Breakers of them than to execute them I would have them therefore petition His Majesty by way of Bill that he will please to exercise these four great Magnalia of Government with the Consent of four several Councils to be appointed for that end and not otherwise that is with the Consent of the Major part of them if any of them dissent In all which Councils His Majesty or who he pleases to appoint shall preside the Councils to be named in Parliament first all the number and every Year afterwards a third part So each Year a third part shall go out and a Recruit of an equal number come
if any person shall be so wicked as to do any Injustice to the Life Liberty or Estate of any Englishman by any private command of the Prince the person agrieved or his next of kin if he be assassinated shall have the same remedy against the Offender as he ought to have had by the good Laws of this Land if there had been no such Command given which would be absolutely void and null and understood not to proceed from that Royal and lawful Power which is vested in his Majesty for the Execution of Justice and the protection of his People Doct. Now I see you have done with all the Government of England pray before you proceed to the decay of it let me ask you what you think of the Chancery whether you do not believe it a Solecism in the Politicks to have such a Court amongst a free People what good will Magna Charta the Petition of Right or St. Edwards Laws do us to defend our Property if it must be entirely subjected to the arbitrary disposal of one man whenever any impertinent or petulant person shall put in a Bill against you How inconsistent is this Tribunal with all that hath been said in defence of our rights or can be said Suppose the Prince should in time to come so little respect his own honour and the Interest of his People as to place a covetous or revengeful person in that great Judicatory what remedy have we against the Corruption of Registers who make what Orders they please Or against the whole Hierarchy of Knavish Clerks whilst not only the punishing and reforming misdemeanours depend upon him who may without controul be the most guilty himself but that all the Laws of England stand there arraigned before him and may be condemned when he pleases Is there or ever was there any such Tribunal in the World before in any Countrey Eng. Gent. Doctor I find you have had a Suit in Chancery but I do not intend to contradict or blame your Orthodox Zeal in this point This Court is one of those Buildings that cannot be repaired but must be demolished I could inform you how excellently matters of Equity are Administred in other Countries And this worthy Gentleman could tell you of the Venerable Quaranzia's in his City where the Law as well as the Fact is at the Bar and subject to the Judges and yet no complaint made or grievance suffered but this is not a place for it this is but the superstructure we must settle the foundation first every thing else is as much out of Order as this Trade is gone Suits are endless and nothing amongst us harmonious but all will come right when our Government is mended and never before though our Judges were all Angels this is the primum quaerite when you have this all other things shall be added unto you when that is done neither the Chancery which is grown up to this since our Ancestors time nor the Spiritual Courts nor the Cheats in trade nor any other abuses no not the Gyant Popery it self shall ever be able to stand before a Parliament no more than one of us can live like a Salamander in the fire Noble Ven. Therefore Sir pray let us come now to the decay of your Government that we may come the sooner to the happy restauration Eng. Gent. This harmonious Government of England being founded as has been said upon Property it was impossible it should be shaken so long as Property remain'd where it was placed for if when the ancient Owners the Britains fled into the Mountains and left their Lands to the Invaders who divided them as is above related they had made an Agrarian Law to fix it then our Government and by consequence our Happiness had been for ought we know Immortal for our Constitution as it was really a mixture of the three which are Monarchy Aristocracy and Democracy as has been said so the weight and predominancy remain'd in the Optimacy who possessed nine parts in ten of the Lands And the Prince but about a tenth part In this I count all the Peoples share to the Peers and therefore do not trouble my self to enquire what proportion was allotted to them for that although they had an Hereditary right in their Lands yet it was so clog'd with Tenures and Services that they depended as to publick matters wholly on their Lords who by them could serve the king in his Wars and in time of Peace by leading the people to what they pleased Could keep the Royal Power within its due bounds and also hinder and prevent the people from Invading the Rights of the Crown so that they were the Bulwarks of the Government which in effect was much more an Aristocracy than either a Monarchy or Democracy and in all Governments where Property is mixt the Administration is so too And that part which hath the greater share in the Lands will have it too in the Jurisdiction And so in Commonwealths the Senate or the People have more or less Power as they have more or fewer possessions as was most visible in Rome where in the beginning the Patricii could hardly bring the People to any thing but afterwards when the Asiatick Conquests had inricht the Nobility to that degree that they were able to purchase a great part of the Lands in Italy the People were all their Clients and easily brought even to cut the throats of their Redeemers the Gracchi who had carried a Law for restoring them their Lands But enough of this before I will not trouble my self nor you to search into the particular causes of this change which has been made in the possessions here in England but it is visible that the fortieth part of the Lands which were at the beginning in the hands of the Peers and Church is not there now besides that not only all Villanage is long since abolished but the other Tenures are so altered and qualified that they signifie nothing towards making the Yeomanry depend upon the Lords The consequence is That the natural part of our Government which is Power is by means of Property in the hands of the People whilest the artificial part or the Parchment in which the Form of Government is written remains the same Now Art is a very good servant and help to Nature but very weak and inconsiderable when she opposes her and fights with her it would be a very Impar congressus between Parchment and Power This alone is the cause of all the disorder you heard of and now see in England and of which every man gives a reason according to his own fancy whilest few hit the right cause some impute all to the decay of Trade others to the growth of Popery which are both great Calamities but they are Effects and not Causes And if in private Families there were the same causes there would be the same effects Suppose now you had five or six Thousand pounds a year as it is