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A58019 A general draught and prospect of government in Europe, and civil policy Shewing the antiquity, power, decay, of Parliaments. With other historical and political observations relating thereunto. In a letter. Rymer, Thomas, 1641-1713. 1681 (1681) Wing R2426; ESTC R219765 30,328 97

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where before them These owed all their power to the Sword The Imperial Crown the Lex regia the whole bulk and body of the Civil Law were wholly and entirely their own proper creature and what more might be devised to make a Prince unlimited uncontrolable great and barbarous and render him a Cyclops or a Leviathan But the result was the Customs and Liberties of the Germans were far more ancient and more Sacred to them than any New Song that the Civilians could teach them Therefore all this long rattle of Imperial Prerogative onely alarm'd them and made them provide the better for their security And as their danger was the most threatning and arm'd with stronger Titles and pretensious than in other Nations so have they with more care sought their preservation And the Golden Bull with them was framed and had the same effect as Magna Charta with us which they strengthen and make supplements to by new Capitulations upon occasion according as the Emperors abuse their power or that tricks are devised by colour of the letter to elude the honest intention of that Fundamental Law and Constitution Thus we see it true in respect of Soveraignes as well as of Subjects That evil manners are the cause of good and wholesome Laws The French have no Golden Bull nor Magna Charta peradventure because no King of theirs had those pretentions of Conquest as the Normans here nor had that Imperial Title of the Sword and the Civil Laws as the Caesars to transport them beyond the bounds of Moderation and Reason Which put them upon other Measures and gave them opportunity step by step slily insensibly and surely to effect what more openly could never have succeeded ` As in the Fable the storm and violence of the Wind could not force away the Travellers Cloak from him but the Sun coming silently upon him dissolves him presently makes him unbutton and strips him of all Noise and bluster make the people the more obstinate and tenacious But things remote affect them not They never see consequences nor lay ought to heart that is not immediately present before their eyes If any thing now and then in the course of their Kings Reign happen'd that was shocking all was lookt upon as some personal and accidental slip only without foundation for continuance or without giving jealousie of being repeated to posterity About an hundred years after Magna Charta was establisht was that project of the Modern Parliament in France set on foot to render unnecessary the ancient Assembly of the States and consequently to alter the Government But the English Arms gave check to their wanton career and for a long time diverted them from pursuing that design or bringing it to any head However this new Assembly and Vice-Parliament was cultivated and improved daily They assumed all the Power they consulted and determined the weighty Affairs and in case the King offered any violence to the Laws they encounter'd and oppos'd his exorbitant courses they lay before him his Coronation-Oath and plyed him with Remonstrance upon Remonstrance till they brought him to Reason Neither War nor Alliance could be made nor could any his Edict or Command have effect till Ratified and Approved by them So that to the unwary multitude these serv'd the turn as well these were as effectual and sufficient and more ready and expeditious than the great old Parliament But afterwards came new-fashioned Kings to Reign who would not be overcome by Reasons or Remonstrances And yet then also was a formal complyance of this Parliament thought necessary and as an expedient when not satisfyed in Conscience that an Edict ought to be Ratifyed was introduced that clause Mandato Regis which imported that they did not ratifie such an Edict upon their own judgment but that they were over-ruled by the Kings particular command Afterwards again came the expresso Mandato and expressissimo Mandato Regis according as they passed it with a greater reluctancy and greater violence had been offered to their judgment But Henry the Fourth who had fought through all opposition into his Kingdom and had subdued to his will all that had fac'd him in the field grew impatient after so great Contrasts to find his resolutions crost and contested by tame Gownmen therefore to rid himself at once of all those verbal frays and formalities made a Law that thereafter the Kings Edicts should be Ratified and Emologated upon sight without more formal trifling and dispute Thus were those remains of Soveraign power that had surviv'd in this diminutive Parliament baffl'd and extinct without much labour But as they never possessed the vigor and spirit of the Ancient Assembly the people were never so stupid to trust or lay much stress on their valour and performance And therefore did more early show their resentment nor without a general convulsion and Civil War could bear the apprehension of a Court-design to lay aside the old Parliament It was the boast of Lewis the Eleventh on this occasion that he had Mis la Royauté hors du page He had so ordered matters that the Royal State should be no more a Pupil in him it came of age to dispose things and act of its own head and should not need to be tutor'd or be under a Guardian any longer This was a Prince of a particular humour and of singular endowments It was no wonder if he did not like the check of a Parliament he had before attempted by two or three Rebellions to free himself from the Authority of his King and Father The good old King Charles the Seventh weathered the open violence but fear of poyson overcame him insomuch ●hat he durst neither eat nor drink any thing but af●●r five days fasting dyed And now Lewis being King his first work was to clear the Court from all who had serv'd his Father and pack off all the Princes of the Blood and ancient Nobility and to create a new set of Nobles and Courtiers for his purpose The people took the Alarm and clamour'd for a Parliament to regulate disorders and prevent the evils that threatned and hung over them A Parliament a Parliament was the cry and expectation throughout the Kingdom The Bishop of Paris and Clergy the Courts of Justice and the City the Three bodies of greatest consideration and gravity presented to him their several Remonstrances He dissembling being his Talent took all kindly and to break their discontents or divert them he took six persons out of each of their Companies to be of his ordinary Counsel in show onely for in effect he was still the same And amongst the prosligate rabble about the Court there wanted not in the mean time a sort of wretches who made an Hubbub and as formally declared their detestation and abhorrence of their practises that had importun'd the King with their Remonstrances and call'd it an unparallell'd violation of their duty Nay Philip de Comines tells us the Courtiers went so far they call'd it