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A41303 The free-holders grand inquest touching our Sovereign Lord the King and his Parliament to which are added observations upon forms of government : together with directions for obedience to governours in dangerous and doubtful times / by the learned Sir Robert Filmer, Knight. Filmer, Robert, Sir, d. 1653. 1679 (1679) Wing F914; ESTC R36445 191,118 384

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their Councel extraordinary that by their Advice they might countenance and strengthen such Actions as were full of Danger and Envy and thus the Consuls by weakening their original Power brought the Government to Confusion civil Dissension and utter Ruine so dangerous a thing it is to shew Favour to Common People who interpret all Graces and Favours for their Rights and just Liberties the Consuls following the Advice of the Senate or People did not take away their Right of Governing no more than Kings lose their Supremacy by taking Advice in Parliaments Not only the Consuls but also the Pretors and Censors two great Offices ordained only for the ease of the Consuls from whom an Appeal lay to the Consuls did in many things exercise an arbitrary or legislative Power in the Absence of the Consuls they had no Laws to limit them for many Years after the Creation of Consuls ten men were sent into Greece to choose Laws and after the 12 Tables were confirmed whatsoever the Pretors who were but the Consuls Substitutes did command was called jus honorarium and they were wont at the Entrance into their Office to collect and hang up for publick View a Form of Administration of Justice which they would observe and though the edictum Praetoris expired with the Preto●… Office yet it was called Edictum perpetuum What Peace the Low-Countries have found since their Revolt is visible it is near about an hundred Years since they set up for themselves of all which time only twelve years they had a Truce with the Spaniard yet in the next year after the Truce was agreed upon the War of Iuliers brake forth which engaged both Parties so that upon the matter they have lived in a continued War for almost 100 Years had it not been for the Aid of their Neighbours they had been long ago swallowed up when they were glad humbly to offer their new hatch'd Commonweal and themselves Vassals to the Queen of England after that the French King Hen. 3. had refused to accept them as his Subjects That little Truce they had was almost as costly as a War they being forced to keep about thirty thousand Souldiers continually in Garrison Two things they say they first fought about Religion and Taxes and they have prevailed it seems in both for they have gotten all the Religions in Christendome and pay the greatest Taxes in the World they pay Tribute half in half for Food and most necessary things paying as much for Tribute as the price of the thing sold Excise is paid by all Retailers of Wine and other Commodities for each Tun of Beer six Shillings for each Cow for the Pail two Stivers every week for Oxen Horses Sheep and other beasts sold in the Market the twelfth part at least be they never so oft sold by the year to and fro the new Master still pays as much they pay five Stivers for every Bushel of their own Wheat which they use to grinde in publick Mills These are the Fruits of the Low-Country War It will be said that Venice is a Commonwealth that enjoys Peace She indeed of all other States hath enjoyed of late the greatest Peace but she owes it not to her kind of Government but to the natural Situation of the City having such a Banck in the Sea of neer threescore Miles and such Marshes towards the Land as make her unapproachable by Land or Sea to these she is indebted for her Peace at home and what Peace she hath abroad she buys at a dear Rate and yet her Peace is little better than a continued War The City always is in such perpetual Fears that many besieged Cities are in more Security a Senator or Gentleman dares not converse with any Stranger in Venice shuns Acquaintance or dares not own it they are no better than Banditos to all humane Society Nay no People in the World live in such Jealousie one of another hence are their intricate Solemnities or rather Lotteries in Election of their Magistrates which in any other Place would be ridiculous and useless The Senators or Gentlemen are not only jealous of the Common People whom they keep disarmed but of one another they dare not trust any of their own Citizens to be a Leader of their Army but are forced to hire and entertain Foreign Princes for their Generals excepting their Citizens from their Wars and hiring others in their Places it cannot be said that People live in Peace which are in such miserable Fears continually The Venetians at first were subject to the Rom●… Emperour and for fear of the Invasion of the Hunnes forsook Padua and other places in Italy and retired with all their Substance to those Island●… where now Venice stands I do not read they had any Leave to desert the defence of their Prince and Countrey where they had got their Wealth much less to set up a Government of their own it was no better than a Rebellion or Revolting from the Roman Empire At first they lived under a kind of Oligarchy for several Islands had each a Tribune who all met and governed in common but the dangerous Seditions of their Tribunes put a necessity upon them to choose a Duke for Life who for many hundreds of years had an Absolute Power under whose Government Venice flourished most and got great Victories and rich Possessions But by insensible degrees the Great Councel of the Gentlemen have for many years been lessening the Power of their Dukes and have at last quite taken it away It is a strange Errour for any man to believe that the Government of Venice hath been alwayes the same that it is now he that reads but the History of Venice may find for a long time a Sovereign Power in their Dukes and that for these last two hundred years since the diminishing of that Power there hath been no great Victories and Conquests obtained by that Estate That which exceeds admiration is that Contare●… hath the confidence to affirm the present Government of Venice to be a mixed Form of Monarchy Democratie and Aristocratie For whereas he makes the Duke to have the Person and Shew of a King he after confesseth that the Duke can do nothing at all alone and being joyned with other Magistrates he hath no more Authority than any of them also the power of the Magistrates is so small that no one of them how great soever he be can determine of any thing of moment without the allowance of the Councel So that this Duke is but a man dressed up in Purple a King only in Pomp and Ornament in Power but a Senator within the City a Captive without a Traytor if he go without Leave As little reason is there to think a Popular Estate is to be found in the great Councel of Venice or S. P. Q. U. for it doth not consist of the fortieth part of the People but only of those they call Patritians or Gentlemen for the Commons neither by
Statutes to the Kings meer Will and Pleasure as if there were no Law at all I will offer a few Precedents to the Point 3 Edw. 1. c. 9. saith That Sheriffs Coroners a●… Bailiffs for concealing of Felonies shall make grievo●… Fines at the Kings pleasure Chap. 13. Ordains That such as be found culpabl●… of Ravishing of Women shall Fine at the Kings pleasure Chap. 15. saith The penalty for detaining a Priso●…er that is mainpernable is a Fine at the Kings pleasure or a grievous Amercement to the King and he th●… shall take Reward for deliverance of such shall be at th●… Great Mercy of the King Chap. 20. Offenders in Parks or Ponds shall ma●… Fines at the Kings pleasure Chap. 25. Committers of Champerty and Extortioners are to be punished at the Kings pleasure Chap. 31. Purveyors not paying for what they tak●… shall be Grievously punished at the Kings pleasure Chap. 32. The King shall punish Grievously the Sheriff and him that doth maintain Quarrels Chap. 37. The King shall grant Attaint in Plea of Land where it shall seem to him necessary 7 Edw. 1. saith Whereas of late before certain Persons deputed to Treat upon Debates between Us and certain Great Men it was accorded that in our next Parliament provision shall be made by Us and the common Assent of the Prelates Earls and Barons that in all Parliaments for ever every man shall come without Force and Armour And now in our next Parliament the Prelates Earls Barons and Commonalty have said That to US it belongeth through Our Royal Signory straitly to defend Force of Armour at all times when it shall please Us and to punish them which shall do otherwise and hereunto they are bound to Aid Us their Sovereign Lord at all Seasons when Need shall be 13 Edw. 1. Takers away of Nuns from Religious Houses Fined at the Kings Will. If by the Default of the Lord that will not avoid the Dike Underwoods and Bushes in High-wayes murder be done the Lord shall make Fine at the Kings pleasure 28 Edw. 1. If a Gold-smith be attainted for not Assaying Touching and Working Vessels of Gold he shall be punished by Ransome at the Kings pleasure 2 Hen. 4. The Commons desire they may have Answer of their Petitions before the gift of any Subsidy to which the King answers He would conferr with the Lords and do what should be best according to their Ad●…ice and the last day of Parliament He gave this An●…er That that manner of Doing had not been Seen nor used in no time of his Progenitors or Predecessors that they should have any Answer of then Petitions or knowledge of it before they have shewed and finished all their other Business of Parliament be it of any Grant Business or otherwise and therefore the King would not in any wayes change the Good Customs and Usages Made and Used of Antient Times 5 Hen. 4. c. 6. Whereas one Savage did Beat and maime one Richard Chedder Esquire Menial Servan●… to Tho. Brook Knight of the Shire for Somerset-shire the Statute saith Savage shall make Fine and Ransom at the Kings Pleasure 8 Hen. 4. It is said POTESTAS PRINCIPIS NON EST INCLUSA LEGIBUS the Power of the Prince is not included in the Laws 13 Hen. 4. nu 20. we read of a Restitution i●… Bloud and Lands of William Lasenby by the King by the Assent of the Lords Spiritual and Commons omitting the Lords Temporal 2 Hen. 5. in a Law made there is a Clause That it is the Kings Regalty to grant or deny such of their Petitions as pleaseth Himself 6 Hen. 6. c. 6. An Ordinance was made for to endure As long as it shall please the King 11 Hen. 7. c. 1. hath this Law The King o●… Sovereign Lord calling to His remembrance the duty of Allegiance of His Subjects of this His Realm and that by reason of the same they are bound to serve their Prince and Sovereign Lord for the time being in His Wars for the Defence of Him and the Land against every Rebellion Power and Might reared against Him and with Him to enter and abide in Service in Battel if Case so require and that for the same Service what fortune ever fall by chance in the same Battel against the Mind and Will of the Prince as in this Land some time past hath been seen that it is not reasonable but against all Laws Reason and good Conscience that the said Subjects going with their Sovereign Lord in Wars attending upon Him in His Person or being in other places by his Commandement within the Land or without any thing should lose or forfeit for doing their true Duty and Service of Allegiance Be it therefore Enacted That no Person that shall attend upon the King and do Him true Service shall be attainted therefore of Treason or any other Offence by Act of Parliament or otherwise Also the 18 Chap. of the same Year saith Where every Subject by the Duty of his Allegiance is bounden to Serve and Assist his Prince and Sovereign Lord at all Seasons when need shall require and bound to give attendance upon his Royal Person to defend the same when He shall fortune to go in Person in War for Defence of the Realm or against His Rebels and Enemies for the Subduing and Repressing of them and their malitious purpose Christopher Wray Serjeant at Law chosen Speaker 13 Eliz. in his Speech to Her Majesty said that for the orderly Government of the Commonwealth three things were necessary 1. Religion 2. Authority 3. Law By the first we are taught not only our Duty to God but to obey the Queen and that not only in Temporals but in Spirituals in which Her Power is absolute Mr. Grivel in the 35 Eliz. said in Parliament He ●…ished not the making of many Laws since the more we make the less Liberty we have our selves Her Majesty not being bound by them For further proof that the Legislative Power is proper to the King we may take notice that in antient time as Sir Edw. Coke saith All Acts of Parliament were in form of Petitions if the Petitions were from the Commons and the Answer of them the King 's it is easie thereby to judge who made the Act of Parliament Also Sir Io. Glanvil affirms that in former times the course of Petitioning the King was this The Lords and Speaker either by Words or Writing preferr'd their Petition to the King this then was called the Bill of the Commons which being received by the King part He received part He put out and part he ratified for as it came from Him it was drawn into a Law Also it appears that Provisions Ordinances and Proclamations made heretofore out of Parliament have been alwayes acknowledged for Laws and Statutes We have amongst the printed Statutes one called the Statute of Ireland dated at Westminster 9 Feb. 14 Hen. 3. which is nothing but a Letter of the King to Gerard Son of