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 aâ—… Bailiffs for concealing of Felonies shall make grievoâ—… Fines at the Kings pleasure Chap. 13. Ordains That such as be found culpablâ—… of Ravishing of Women shall Fine at the Kings pleasure Chap. 15. saith The penalty for detaining a Prisoâ—…er that is mainpernable is a Fine at the Kings pleasure or a grievous Amercement to the King and he thâ—… shall take Reward for deliverance of such shall be at thâ—… Great Mercy of the King Chap. 20. Offenders in Parks or Ponds shall maâ—… 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 takâ—… 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 Adâ—…ice and the last day of Parliament He gave this Anâ—…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 Servanâ—… 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 iâ—… 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 oâ—… 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 â—…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
all that time no Image or Picture of God in any Temple or Chappel of Rome also he erected the Pontifical Colledge and was himself the first Bishop or Pontifex These Bishops were to render no Account either to the Senate or Commonalty They determined all Questions concerning Religion as well between Priests as between private men They punished inferiour Priests if they either added or detracted from the established Rites or Ceremonies or brought in any new thing into Religion The chief Bishop Pontifâ—… Maximus taught every man how to honour and serve the Gods This Care had Monarchy of Religion But after the Expulsion of Kings we do not find during the Power of the People any one Law made for the Benefit or Exercise of Religion there be two Tribunitian Laws concerning Religion but they are meerly for the Benefit of the Power of the People and not of Religion L. Papirius a Tribune made a Law called Lex Papiria that it should not be lawful for any to consecrate either Houses Grounds Altars or any other things without the Determinatin of the People Domitius Aenobarbus another Tribune enacted a Law called Domitia Lex that the Pontifical Colledge should not as they were wont admit whom they would into the Order of Priesthood but it should be in the Power of the People and because it was contrary to their Religion that Church-Dignities should be bestowed by the common People hence for very Shame he ordained that the lesser part of the People namely seventeen Tribes should elect whom they thought fit and afterwards the Party elected should have his Confirmation or admission from the Colledge thus by a Committee of seven Tribes taken out of thirty five the ancient Form of Religion was alter'd and reduced to the Power of the lesser part of the People This was the great Care of the People to bring Ordination and Consecration to the Laity The Religion in Venice and the Low-Countries is sufficiently known much need not be said of them they admirably agree under a seeming contrariety it is commonly said that one of them hath all Religions and the other no Religion the Atheist of Venice may shake hands with the Sectary of Amsterdam This is the Liberty that a popular estate can brag of every man may be of any Religion or no Religion if he please their main Devotion is exercised only in opposing and suppressing Monarchy They both agree to exclude the Clergy from medling in Government whereas in all Monarchies both before the Law of Moses and under it and ever since all Barbarians Graecians Romans Infidels Turks and Indians have with one Consent given such Respect and Reverence to their Priests as to trust them with their Laws and in this our Nation the first Priests we read of before Christianity were the Druides who as Caesar saith decided and determined Controversies in Murder in Case of Inheritance of Bounds of Lands as they in their Discretion judged meet they grant Rewards and Punishments It is a Wonder to see what high Respect even the great Turk giveth to his Mufti or chief Bishop so necessary is Religion to strengthen and direct Laws To consider of the Point of Peace It is well known that no People ever enjoyed it without Monarchy Aristotle saith the Lacedemonians preserved themselves by Warring and after they had gotten to themselves the Empire then were they presently undone for that they could not live at Rest nor do any better Exercise than the Exercise of War l. 2. c. 7. After Rome had expelled Kings it was in perpetual War till the time of the Emperours once only was the Temple of Ianus shut after the end of the first Punique War but not so long as for one year but for some Moneths It is true as Orosius saith that for almost 700 years that is from Tullus Hostilius 〈◊〉 Augustus Caesar only for one Summer the Bowels 〈◊〉 Rome did not sweat Blood On the Behalf of the Romans it may be said that though the Bowels of Rome did always sweat Blood yet they did obtain most glorious Victories abroad But it may be truly answered if all the Roman Conquests had no other Foundation but Injustice this alone soils all the Glory of her warlike Actions The most glorious War that ever Rome had was with Carthagâ—… the Beginning of which War Sir Walter Raleigâ—… proves to have been most unjustly undertaken by the Romans in confederating with the Mamertines and Aiding of Rebels under the Title of protecting their Confederates whereas Kings many times may have just Cause of War for recovering and preserving their Rights to such Dominions as fall to them by Inheritance or Marriage a Popular Estate that can neither marry nor be Heir to another can have no such Title to a War in a Foreign Kingdom and to speak the Truth if it be rightly considered the whole time of the Popularity of Rome the Romans were no other than the only prosperous and glorious Thieves and Robbers of the World If we look more narrowly into the Roman Government it will appear that in that very Age wherein Rome was most victorious and seemed to be most popular she owed most of her Glory to an apparent kind of Monarchy For it was the Kinghâ—… Power of the Consuls who as Livy saith had the same Royal Iurisdiction or absolute Power that the Kings had not any whit diminished or abated and held all the same Regal Ensignes of supreme Dignity which helpt Rome to all her Conquests whiles the Tribunes of the People were strugling at home with the Senate about Election of Magistrates enacting of Laws and calling to Account or such other popular Affairs the Kingly Consuls gained all the Victories abroad Thus Rome at one and the same time was broken and distracted into two Shewes of Government the Popular which served only to raise Seditions and Discords within the Walls whilest the Regal atchieved the Conquests of Foreign Nations and Kingdomes Rome was so sensible of the Benefit and Necessity of Monarchy that in her most desperate Condition and Danger when all other Hopes failed her she had still Resort to the Creation of a Dictator who for the time was an absolute King and from whom no Appeal to the People was granted which is the royallest Evidence for Monarchy in the World for they who were drawn to swear they would suffer no King of Rome found no Security but in Perjury and breaking their Oath by admitting the Kingly Power in spight of their Teeth under a new name of a Dictator or Consul a just Reward for their wanton expelling their King for no other Crime they could pretend but Pride which is most tolerable in a King of all men and yet we find no particular Point of Pride charged upon him but that he enjoyned the Romans to labour in cleansing and casting of Ditches and paving their Sinks an Act both for the Benefit and Ornament of the City and therefore commendable in the King But the
can be saved whence it may be inferred That if the Masterly Government of Tyrants cannot be safe without the Preservation of them whom they govern it will follow that a Tyrant cannot govern for his own Profit only and thus his main Definition of Tyranny fails as being grounded upon an impossible Supposition by his own Confession No Example can be shewed of any such Government that ever was in the World as Aristotle describes a Tyranny to be for under the worst of Kings though many particular men have unjustly suffered yet the Multitude or the People in general have found Benefit and Profit by the Government It being apparent that the different kinds of Government in Aristotle arise onely from the difference of the number of Governours whether one a few or many there may be as many several Forms of Governments as there be several Numbers which are infinite so that not onely the several Parts of a City or Commonweal but also the several Numbers of such Parts may cause multiplicity of Forms of Government by Aristotle's Principles It is further observable in Assemblies that it is not the whole Assembly but the major part onely of the Assembly that hath the Government for that which pleaseth the most is alwayes ratified saith Aristotle lib. 4. c. 4. by this means one and the same Assembly may make at one Sitting several Forms of Commonweals for in several Debates and Votes the same number of men or all the self-same men do not ordinarily agree in their Votes and the least Disagreement either in the Persons of the men or in their number alters the Form of Government Thus in a Commonweal one part of the Publick Affairs shall be ordered by one Form of Government and another part by another Form and a third part by a third Form and so in infinitum How can that have the Denomination of a Form of Government which lasts but for a moment onely about one fraction of Business for in the very instant as it were in the Twinkling of an eye while their Vote lasteth the Government must begin and end To be governed is nothing else but to be obedient and subject to the Will or Command of another it is the Will in a man that governs ordinarily mens Wills are divided according to their several Ends or Interests which most times are different and many times contrary the one to the other and in such cases where the Wills of the major part of the Assembly do unite and agree in one Will there is a Monarchy of many Wills in one though it be called an Aristocracy or Democracy in regard of the several Persons it is not the many Bodies but the one Will or Soul of the Multitude that governs Where one is set up out of many the People becometh a Monarch because many are Lords not separately but altogether as one therefore such a People as if it were a Monarch seeks to bear Rule alone L. 4. c. 4. It is a false and improper Speech to say that a whole Multitude Senate Councel or any Multitude whatsoever doth govern where the major part only rules because many of the Multitude that are so assembled are so far from having any part in the Government that they themselves are governed against and contrary to their Wills there being in all Government various and different Debates and Consultations it comes to pass oft-times that the major part in every Assembly differs according to the several Humours or Fancies of men those who agree in one Mind in one Point are of different Opinions in another every Change of Business or new Matter begets a new major part and is a Change both of the Government and Governours the Difference in the Number or in the Qualities of the Persons that govern is the only thing that causes different Governments according to Aristotle who divides his Kinds of Government to the Number of one a few or many As amongst the Romans their Tribunitial Laws had several Titles according to the Names of those Tribunes of the People that preferr'd and made them So in other Governments the Body of their Acts and Ordinances is composed of a Multitude of momentary Monarchs who by the Strength and Power of their Parties or Factions are still under a kind of a civil War fighting and scratching for the legislative miscellany or medly of several Governments If we consider each Government according to the nobler Part of which it is composed it is nothing else but a Monarchy of Monothelites or of many men of one Will most commonly in one Point only but if we regard only the baser part or Bodies of such Persons as govern there is an interrupted Succession of a Multitude of short-lived Governments with as many Intervalls of Anarchy so that no man can say at any time that he is under any Form of Government for in a shorter time than the word can be spoken every Government is begun and ended Furthermore in all Assemblies of what Quality soever they be whether Aristocratical or Democratical as they call them they all agree in this one Point to give that honourable Regard to Monarchy that they do interpret the major or prevailing part in every Assembly to be but as one man and so do feign to themselves a kind of Monarchy Though there be neither Precept nor Practice in Scripture nor yet any Reason alledged by Aristotle for any Form of Government but only Monarchy yet it is said that it is evident to common Sense that of old time Rome and in this present Age Venice and the Low-Countries enjoy a Form of Government different from Monarchy Hereunto it may be answered That a People may live together in Society and help one another and yet not be under any Form of Government as we see Herds of Cattel do and yet we may not say they live under Government For Government is not a Society only to live but to live well and vertuously This is acknowledged by Aristotle who teacheth that the End of a City is to live blessedly and honestly Political Communities are ordained for honest Actions but not for living together only Now there be two things principally required to a blessed and honest life Religion towards God and Peace towards men that is a quiet and peaceable Life in all Godliness and Honesty 1 Tim. 2. 2. Here then will be the Question Whether Godliness and Peace can be found under any Government but Monarchy or whether Rome Venice or the Low-Countries did enjoy these under any popular Government In these two Points let us first briefly examine the Roman Government which is thought to have been the most glorious For Religion we find presently after the Building of the City by Romulus the next King Numa most devoutly established a Religion and began his Kingdom with the Service of the Gods he forbad the Romans to make any Images of God which Law lasted and was observed 170 Years there being in
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 Pretoâ—… 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 Româ—… 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 Islandâ—… 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 Contareâ—… 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