People onely they were of use being the Authors that all things might be reduced to the Power of the People whom they wrought upon by their Suasives to place or displace Magistrates or to enlarge or circumscribe their Power Therefore he scarce allows the (u) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. l. 5. c. 5. Name of Government to this kind of Republic because where the Laws have not Authority there is no Commonwealth for that these Demagogues making the Mobile Lord over the Laws and constantly raising Factions against the Rich Civitate ex una duas faciant of one City or Society made two So that in that Contest mostly an Oligarchy prevailed and by the petulancy of the Demagogues who led the People by Herds pretending as it was their Office (w) Neminem plebem injuria afficere that none should injure the People they exasperated the Nobility to subvert the Government or having got a powerful Ascendant usurped it themselves as the Philosopher instanceth in the Islands of Chios and Rhodes in the Cities of Heraclea of Pontus in the Colonies of the Athenians at Megaris the Nobles being abused and banished righted themselves by Arms and obtained the Government and Thrasymachus did the like at Cuma These Demagogues among the Grecians the Ephori among the Lacedemonians and the Tribunes of the People among the Romans are often compared as Officers of the same kind chosen to support the Peoples Interests The Philosopher gives us an account how the Demagogues comported themselves at the places before-named of which number he saith were Pericles Cilon Hyperbolus Lycurgus Hyperides Demosthenes Concerning the Ephori Of the Ephori (x) Saepe valde pauperes accidit esse in hoc Magistratu qui propter paupertatem sunt venales Polit. lib. 2. c. 7. Aristotle saith That among the Lacedemonians they had the greatest Power and being chosen by the People it often hapned that very poor men obtained the Office who by reason of their poverty were mercenary as he instanceth in the Andrici where they being corrupted with Money lost the City He further adds That though these were chosen by the ignorant Populace and often were men very unfit for their Office yet they had Judgment in Capital matters and did not judge in Cases of Death or Ignominy by written Laws but arbitrarily so that the very Kings of Sparta were forced to observe caress and reverence them As to the Tribunes of Rome The Tribunes of Rome they caused many grievous Troubles about the Agrarian Laws Sp. Cassius being the first according to Valerius that raised those Disputes and was slain by his Father though Livy and Dionysius say it was Licinius Stolo and after many years Q. Flaminius put the same in execution the Senate being against it So Gracchus Tiberius Titius c. did upon the same account raise great Commotions This was for the taking the ancient Possessions from the Rich and distributing them among the Poor Therefore (y) Giphan Comment in c. 7. lib. 2. Polit. Cicero saith It was a pleasant thing to the People for that they were thereby supported without Labour but the good Citizens resisted it because it would extinguish Industry and exhaust the Treasury and inure the People to Sloth From all which we may conclude That Democracy in its Constitution is onely fitted for small Principalities and in it neither Industry or worthy Persons can have Encouragement How obnoxious it is to Factions or must have a mixture of other Governments to support it in being headed by some few popular Persons or must have a shadow of Monarchy in the ruling Demagogues Ephori or Tribunes otherwise it cannot subsist This leads me to the Fifth Argument of the Philosopher against Democracy Democracy least durable That it was never found to be of any long continuance For (z) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. lib. 6. c. 4. he saith That all Tyrannical Constitutions are Popular And it is well known That of all Governments what is Tyrannical is the most short-lived Liberty being the End and Scope pretended according to the Fundamental Constitution of Democracy (a) Vicissim parere imperare to Obey and Rule by Turns the sweetness of Command induceth them that have once obtained it to continue it and the Slavery of obeying such Fellows and Companions continually provokes others to cast off the Yoke So that from hence Jars and Feuds shatter the Government in pieces Besides the unwieldy Body of the People seldom continue long in one mind nor can transact things without delegation of Power to some few by all which their instability is discovered and the shortness of their continuance shews the feeble and impotent Principles they are founded upon For where ever it hath had any duration it hath not been from its intrinsick adapture but from the mixture of other Forms in their kinds more durable Democracy being in it self such a Rolling-ground that nothing stable can be built upon it It is not to be denied Where Aristotle allows of Democracy that Aristotle in some Cases allows of Democracy but it is where the (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. lib. 6. c. 4. Multitudes live by Husbandry Pasture or Feeding of Cattel For these being continually employed have not much publick Business nor leisure to attend the Assemblies it being more pleasant and profitable for them to mind their private Affairs than to bear Office where little Profit is to be had But he likewise observes That those that lived upon Tillage and Pasture being the ancientest sort of People before Luxury brought in Handicrafts and Artizans easilier yielded to the Government of a Single Person or Tyranny or Oligarchy so long as they could enjoy their Country Farms in peace Whereas those in Cities consisting of Tradesmen Artificers the mercenary Multitude and such as lead an idle Life having Leisure and Curiosity to carry them to the Assemblies were more subject to Democracy or Aristocracy or any Novelty or Change There are three things which render Democracy most taking with the Vulgar The plausible Pleas for Democracy answered First Pretended impartial Administration of Justice Secondly The specious but empty Name of Liberty Thirdly The so much applauded Equality by which they seem to reduce their Civil Constitutions to the primary Laws of Nature which gave to all men Common Right Concerning the first saith a Judicious (c) Dudley Digs of Resistance p. 22. 1. That Justice is not so impartially administred Author whose Discourse on this Head I shall epitomize Their Hopes that Justice should be more equally administred are grounded upon this That though some Rivers may be corrupted yet the Ocean cannot A man may satisfie the Interests of some few and corrupt them into favour and respect of Persons but it is hard to do the same with a Multitude for to buy Justice of so many would be no thriving Trade But this though plausible is but a very
from the cruel Flatteries of others and yet needed no attemperament for that he continued in equal Authority and Favour with his Prince and of Cornelianus Piso * 4. Annal. he saith Nullins servilis Sententiae sponte Auctor quoties necessitas ingrneret prudenter moderans He never was willingly Author of any servile Opinion and as often as there was need he prudently moderated I shall only annex to this what may in general serve as a Character of an able and useful Minister of State faintly drawn from a great Original Whoever designs to serve his Prince and Country in the Administration of Affairs The Method of attaining to be a Minister of State must have had a liberal Education spent a great portion of his time in diligently perusing Ancient and Modern Histories Memoires of great men the Laws and Government of his own and Foreign Countries and the best Treatises of Politicks and then consider the most judicious and accomplished Persons and amongst them such principally as in their several Stations have the Practical Part of Affairs committed to them both in Courts of Judicature the Exchequer and Admiralty and in these especially note their dexterity for their Imployments wherein their Eminencies appear how their Interests are interwoven or independent what their dispositions and inclinations are especially in their obedience to the Government usefulness to it their Treatableness Avarice Pride Ambitious or Factious Propensities as well prying into the Vices they conceal as the laudable Qualities they make themselves conspicuous by distinguishing betwixt the natural and constrained tempers of every one If such an one be not Consiliarius natus he ought to get himself early chosen a Member of the House of Commons and then diligently read all such Books as treat of that Honourable House peruse the Journals note well and weigh not only what he finds there but also all the Speeches of the leading men the force of their Arguments and the tendencies of them Mark well who are forwardest to supply the Government whose Talent lies in contriving wholesom Laws for the benefit of the Subject who are the best Orators who the subtilest or solidest who affect Popularity who are suggesting suspicions of the increase of the Kings Power who the greatest informers of Grievances who cut the Thred evenest betwixt the Royal Prerogative and the Subjects Liberties in all these well pondering the grounds upon which every one bottom their Arguments contenting himself to be an Auditor and Register for some while in his Votes following the wisest and least byassed by private Interest During the time he is under the Discipline of this Noble School he must fill up the intervals of his vacant hours either in perusing such learned Authors as treat of the Subjects have been debated in the House or in conversation with the eminentest experienced Members or with such of the Court as he may be best informed from During all which time he must intermingle the Study of the Laws of those Foreign Countries his Prince hath Correspondence with and obtain true Characters of their Ministers of State their regulation of Trade their Taxes and Gabels their Military Force the disposedness of any Parties to Faction and consider wherein his own Prince or a Foreigner hath better Laws for the good Government of the Subjects and for the preserving the Crown in Splendor and Power A Person thus qualified and fitted for his Masters Service and the publick good of his Country cannot long want an opportunity of being noted and in peacable times some Ministers of State will be desirous to obtain his assistance and will be ready to befriend him for their own advantages to alleviate their own burthens and his Prince will be desirous to be served by a Person of such a Fund If the times be turbulent and factious it is not amiss for such a Person during his Noviceship to mingle himself with the popular and Male-content Nobility whereby he may know the bottom of their designs and the plausibleness of their Pretences the strength of their Reasons as well as of their party and the tendencies of the distinct Interests that may be united in rendring the Government ingrateful to the People though not in the methods of modelling or subverting it This I must confess is a dangerous point and requires one that hath an Heart and Brain all Amulet against the infection of Disloyalty and is dexterous enough to cajole such a Party which he may the easilier do by appearing only as a rasa Tabula and desirous of following others conduct and a well wisher to his Countrey and then he shall be sure not to miss a serious courtship from that party How then to extricate himself from those Thickets Brambles Coverts or Earths wherein he hath entred to unkennel the Foxes will be a great Master-piece and requires no common agility and deliberate forethought One of the Houses of Parliament is the fittest Theatre for him to unmask himself in where he may at one great step pass over to the Loyal side which will be done with more advantage if he take some Critical time when the signalizing his Loyalty will be more useful as well as endearing to his Soveraign and when Courage and Resolution will best bestead his Affairs Then he is to discover his Talent by demonstratively manifesting his true Zeal for and justifying the Government in concurring with the faithfulest and ablest Ministers of State or putting himself in the Van and without Affectation or Passion with weighty Reasons bold and natural utterance smartness of Judgment and Learning fully determine the point in debate and as often as there is occasion re-inforce his Argument with fresh matter Here he is to set up his rest being resolved for his whole life never to desert the Interest after he hath upon so good deliberation resolved upon it This Action will soon he discovered to his Prince of whose Privy-Council if he were not before we may suppose he will soon be admitted Hither he must carry a resolution fixed and unalterable to intend solely his Masters Service and the benefit of his People that nothing of the Rights of the Crown be diminished or of the Liberties of the People be invaded Here no double or sinister dealing must enter his thoughts he must be the same in his Prince's Cabinet as at the Council-Board he must use a true and dutiful diligence above his fellows in attending his Prince's Person and his Councils must be free from unlawful Ambition Bribery and By-Ends all over Oyled that none may fasten a gripe upon him be free debonaire and affable to all he converseth with but withal wholly reserved as to the discovery of his Masters Designs Ready to prefer none but such as may be truely serviceable to their King and Country culling out and recommending to his Imployment only Sober Discreet and Useful Persons in their several Capacities and never supporting or countenancing any that once falsify expectation
Kindred and drives her through the Streets lashing or beating her as she goes along This as Juvenal saith was Ipsis Marti Venerique timendum So Antinous in Homer threatens Irus with the chopping off his Nose Ears and Privities and Vlysses inflicts that very punishment upon his Goat-herd Melanthius for his Pimping So in Canutus his Law the Wife who took other Passengers aboard her than her Husband is doomed she should have her Nose and Ears cut off Jâ—â—us Anglorum The curious may see more in Selden Tacitus observes another Law Hâ—â—redes successoresque sui cuique liberi nullum testamentum Si liberi non sunt pâ—â—ximus gradus in possâ—ssâ—oâ—e sratres patrui avunculi Idem that every ones Children were their Heirs and Successors and there was no Will to be If there be no Children then the next of kin shall inherit Brethren or Unkles by the Fathers or Mothers This seems to point out Gavil-kind otherwise there had been need of a Testament to dispose of something for younger Children So Selden observes that till our Grandfathers time it was not lawful to dispose of Land-Estates by Will unless it were in some Burroughs that had such priviledges but this hindred not but they might dispose by Deeds Another Law he mentions Suscipere inimicitias seu patris seu propiâ—qui quam amicitias necesse est Idem Nec implacabiles durant luitur enim etiam homicidium certo Armâ—ntorum ac pecorum numero recipitque satisfactionem universa domâ—s Idem which shews the use of those are called Deadly Feuds in the North was that to undertake the enmities rather than the friendships whether of ones Father or Kinsman is more necessary Yet he saith those do not hold on never to be appeased for even Murther is expiated by a certain number of Cattle and the whole Family of the murdered Person receives satisfaction So we find in our English Saxon Laws Murthers were formerly bought off with Head-money which was called Wâ—â—gild though one had killed a Noble-man yea a King himself which as I remember was valued at 60000 Thrimsas or Groats and so a Prince 30000 and others Proportionable Another Law we find thus The Lord imposeth upon his Tenant a certain quantity of Corn or Cattle or Clothes Frumenti modum Deminus aut pecoris aut vestis colâ—no injungit Idem Here we certainly find the usage of Country Farmholders In â—â—imitivo Regni sâ—â—tu pâ—st conquis â—â—nem 〈…〉 〈…〉 argenti 〈◊〉 sed sola 〈◊〉 solvebantur Dialog Scaccar So yet in Scotland a Gentleman of Quality or Lords Estate is not computed by Annual Rent but by so many Bolls of Victual So we find in Gervase of Tilbury that the Kings had payments made them out of their Lands not in Summs of Gold or Silver but only in Victuals or Provisions out of which the King's House was supplied with necessaries for daily use which the King's Officers accounting with the Sheriffs reduced into many payments viz. a Measure of Wheat to make Bread for 100 Men 1 s. the body of a Pasture-fed Beef 1 s. a Ram or Sheep 4 d. for Food for 20 Horses 4 d. Thus far I have thought fit to pick out of Tacitus the manners of the Germans and compare some of them with the English Saxon or Norman Customs to discover their Conformity But since in this account from Tacitus we find no satisfactory testimony as to the power of making Laws but that in general they used to meet in Consultation about the New or Full of the Moon where 2 (r) Alter tertius dies consultatione coâ—â—ntium abâ—umitur Id. 636. or 3 Days were usally spent and the Turba or Common Body of those that met which elsewhere he saith was by hundreds being Armed the Priests commanded silence and had the power of keeping Matters in order and the Princes Authority was there as I have noted besore I say considering these things I must seek otherwhere for clearer discovery before which I will only note Judgments given in their Councils that at such Councils as (s) Liâ—â—â— apud concilium accusare quoque discrimen capitis intendere Tacitus describes Judgments were given upon offences for he saith here Accusations might be presented and Capital Matters tried the distinction of punishment * Distinctio paenarum ex 〈◊〉 proditores tranâ—fuâ—â—â— arâ—oribus suspendunt ignavâ—â— imâ—eâ—â—â— â—â—pore Lips torpâ—â—â— Infames 〈…〉 〈◊〉 insupâ—r crate 〈◊〉 â—acitus de moribus German In some Places of Germany Drowning is yet a Punishment as Platerus gives an Account of a Woman tied in a Sack and cast into the River near Basil who was found alive after being taken up at the usual place half a mile below where she was cast in Observat being according to the Crime Traytors and such as fled to the Enemy were hung upon Trees but the slothful unfit for War and such as are infamous for sluggishness as Lipsius will have it Torpore not Corpore infames were drowned in Morasses an Hurdle being laid upon them and the reason he gives of the divers punishments is that the first which he calls Scelera are to be shown while punished but the other which he calls Flagitia wicked and heinous crimes but particularizeth not what they were should be hid and punished by Drowning then follows Levioribus delictis pro modo poenarum equorum pecorumque numero convicti mulct antur pars mulctae Regi vel Civitati pars ipsi qui vindicatur vel propinquis ejus exolvitur and that for smaller faults the punishment was a Mulct of Horses or Cattle whereof a great part was pay'd to the King or City and part to him that was acquitted or his kindred By which we may note a Sovereignty in the Kings or Free Cities or People to whom these Mulcts were pay'd But I leave these obscurer times and proceed to greater light Therefore for the better clearing of the Authority of the Saxon Kings in giving Laws to their Subjects and the discovering who were the constituent parts of the great Councils I shall first note something of the several Laws made in Germany France Several Laws made in several King loms after the declining of the Reman Empire and the Northern Countries and so proceed to some general observations of our Saxon Laws and lastly to illustrate or expound by a short Glossary the Saxon Titles of Great Men found mentioned in the Councils First as the Ancientest I meet with I will begin with the Gothic Laws Gothick Laws These Goths overrun Europe and did not only cause great Wars and Destructions but made great alterations in the Laws and Kingdoms The Goths according to the custom of other Northern People used not written Laws but their Country Customs till (t) Sub Erudiâ—â— Rege Gothi Legum instituta scriptis bahere câ—â—perunt nam antea mâ—ribus consuetudine tenebantur Isidor Chron. Goth. Aera 504.
Magnatibus Proceribus dicti Regni nostri colloquium habere tractatum Tibi praecipimus firmiter injungentes quod facta Proclamatione in proximo Comitatu tuo post receptionem hujus Brevis nostri tenendo die loco praedicto duos Milites gladiis cinctos magis idoneos discretos Comitatus praedicti de qualibet Civitate Comitatus illius duos Cives de quolibet Burgo duos Burgenses de discretioribus magis sufficientibus libere indifferenter per illos qui Proclamationi hujusmodi interfuerint juxta formam Statutorum inde editorum provisorum eligi nomina eorundem Militum Civium Burgensium sic electorum in quibusdam Indenturis inter te illos qui hujusmodi Electioni interfuerint inde conficiendis sive hujusmodi electi praesentes fuerint vel absentes inseri eosque ad dictum diem locum venire facias ita quod iidem Milites plenam sufficientem potestatem pro se Communitate Comitatus praedicti Cives Burgenses pro se Communitate Civitatum Burgorum praedictorum divisim ab ipsis habeant ad faciendum consentiendum his quae tunc ibidem de communi Concilio dicti Regni nostri favente Deo contigerint ordinari super negotiis ante dictis Ita quod pro defectu potestatis hujusmodi seu propter improvidam Electionem Militum Civium aut Burgensium praedictorum dicta negotia infecta non remaneant quovis modo Nolumus autem quod tu nec aliquis alius Vicecomes dicti Regni nostri aliqualiter sit electus Et Electionem illam in pleno Comitatu factam distincte aperte sub Sigillo tuo Sigillis eorum qui Electioni illae interfuerint nobis in Cancellariam nostram ad dictum dâ—em locum certifices indilate remittens nobis alteram partem Indenturarum praedictarum praesentibus consutam una cum hoc Brevi Teste meipso apud Westmonast THE King to the Sheriff Greeting Whereas by the Advice and Consent of our Council Advice of Privy Council for certain difficult and urgent business concerning us and the State and defence of our Kingdom of England and the English Church we have ordained a certain Parliament of ours to be held at our City of c. the day c. next ensuing and there to have conference Conference with Prelates c. and to treat with the Prelates Great Men and Peers of our said Kingdom We command and straitly enjoyn you Proclamation at County-Court that making Proclamation at the next County Court after receipt of this our Writ to be holden the day and place aforesaid Two Knights girt with Swords c. you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens Two Citizens and of every Burrough Two Burgesses two Burgesses of the discreeter and most sufficient Indifferently chosen by those present at the Proclamation according to Statutes to be freely and indifferently chosen by them who shall be present at such Proclamation according to the tenure of the Statutes in that case made and provided Their Names inserted in Indentures betwixt the Sheriff and the Electors and the names of the said Knights Citizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the parties so elected be present or absent and shall make them to come at the said day and place To cause them to come at the Day and Place The Knights from the County the Citizens and Burgesses from their Cities Burroughs to have full power to do and consent so that the said Knights for themselves and for the County aforesaid and the said Citizens and Burgesses for themselves and the Commonalty of the aforesaid Cities and Burroughs may have severally for them full and sufficient power to perform and to consent to those things which by the favour of God shall there happen to be ordained by the Common Council of our said Kingdom concerning the businesses aforesaid Lest for want of that Power or improvident Election the Business be undonâ— so that the business may not by any means remain undone for want of such power No Sheriff to be chosen or by reason of the improvident Election of the aforesaid Knights Citizens and Burgesses Election to be in full County But we will not in any case you or any other Sheriff of our said Kingdom shall be elected The Indentures to be sealed by the Sheriff and Electors And at the day and the place aforesaid the said Election made in the full County Court A Counterpart tacked to the VVrit returned into the Chancery you shall certify without delay to us in our Chancery under your Seal and the Seals of them which shall be present at that Election sending back unto us the other part of the Indenture aforesaid affiled to these Presents together with this Writ Witness our self at Westminster SECT 7. Concerning the Speaker and the Privileges of the House of Commons IT is not my design to treat of all things relating to the Constitution My Design not to controvert the Privileges of the House of Commons but to shâ—w the gradual Alterations Laws and Customs of the House of Commons there are several useful Books extant which are fit for the Honourable Members of the House to consult What I most aim at is to shew what the Ancient Usage hath been and how from time to time things have been refined to the Mode and State they are now in and I hope those great Spirits that honour their Countries with their Service will pardon one that designs nothing more than to give them a Profile of the whole Model both in the days of our remotest Ancestors and what it was in more Modern times under just and undoubted Soveraigns as also how much it was transformed when the pretended House of Commons being confederated with a successful Army murthered their Soveraign voted away the House of Lords and assumed the Title of the Supream Authority of the Nation of which last I shall treat in the next Chapter The Members being according to the Kings Command come to the place appointed sometimes the Soveraign with the Lords in their Robes have rid in State to the Parliament which is generally yet observed in Scotland and Ireland The Solemnity at the Opening of the Parliament However at the opening of the Parliament the King is seated on his Throne under the Canopy with his Royal Crown on his Head the Chancellor standing something backward on his Right-hand and the great Officers as Lord Treasurer Lord President of the Kings Council Lord Privy Seal Great Chamberlain the Lord Constable Marshal Lord Admiral Lord Steward and Kings Chamberlain attend on either side the State or in their Seats
de Sabaudia J. Filius Galfridi Jacobus de Audel Petrus de Monteforti vice totius Communitatis praesentibus Literis sigilla nostra apposuimus in Testimonium praedictorum So that it is plain it was not Peter de Montefort that signed vice Communitatis but they all did it and he was a great Baron himself the Head of whose Barony was Beldesent Castle in Warwickshire I think it not amiss here to offer my Opinion concerning this Question and the great Controversie betwixt Dr. Concerning the Commons first summoning to Parliament Brady and Mr. Petyt and those that are so earnest to find the Commons summoned to Parliament before the 49 H. 3. before King John granted his Charter wherein he grants that he will cause to be summoned the Archbishops Bishops Abbats Earls and greater Barons of his Kingdom singly by his Letters and besides (i) Et Praeterea faciemus submoneri in generali per Viâ—ecomites Ballivos nostros omnes alios qui in Capite tenent de nobis Matt. Paris fol. 216. Edit ult num 20. will cause to be summoned in general by his Sheriffs The Tenents in Capite in stead of the Representative Commons as now and Bayliffs all others which hold of him in Capite at a certain day there is no doubt but the Tenents in Capite such of them at least as were eminent for Parts or as the King pleased were summoned to the great Councils and it being in that Charter said that the cause of the Meeting should be expressed in the Summons and that Forty days warning should be given and in the same Charter that the City of London should have all its ancient Liberties and free Customs and that all other Cities Burghs and Villa's which was of the same import as a Free Burrough as we find in Pontefract which is always stiled Villa Some summoned from Cities and Burroughs before King John's time but not as our Citizens and Burgesses now by Representation and the Inhabitants Burgenses who held a certain Land called Burgage Land and the Barons of the Cinque Ports and all the Ports should have all their Liberties and their Free Customs ad habendum commune concilium Regni de Auxiliis c. that is as I suppose to have some of their Members at the great Councils where Aids were to be granted to the King other ways than in three cases before excepted that is to redeem the Kings body to make his Eldest Son a Knight and to marry once his Eldest Daughter excepting which three Particulars reserved before in his Charter he had granted that no Scutage nor Aid should be laid on his Kingdom unless by the Common Council of his Kingdom From whence I think may be inferred that such Cities Burroughs and Villa's which held in Capite or the Lord that was principal owner of them by his Praepositus Ballivus or some that held immediately under him and so some for the Dominicae Civitates Burgi Regis might be summoned with the lesser Barons or the other Tenents inc Capite But this doth not prove them to come by way of Representatives nor that they had any more Power than the Knights Citizens and Burgesses had in after-times which as I have made it apparent by the several expressions in the Summons was only to hear and assent to what the King and Magnates ordained Since there are now extant no Summons in King John's time or before the 49 H. 3. except some few that are about the Tenents in Capite aiding the King in his Wars the subsequent Practices are the best Expounders of ancient Usages Upon the whole I do judge that before King John's Charter there were many of the Tenents in Capite summoned to the great Councils but so as the King had his liberty to summon whom he pleased and that some from Cities Burghs Villa's and other Ports did come to the great Council but still at the Kings pleasure and that in King John's time the body of the Kingdom siding with the Lords that so often rebelled against him the Lords thinking to make their Party stronger got the Clause for other Tenents in Capite to be summoned by general Summons After King John's Charter the Tenents in Capite so numerous as might be reputed an House of Commons Now whatever number were convened before King John's Charter this general Summons must greatly encrease the House of Commons as I may call it and there needs no such strife about the want of Freemen in these Councils for after this Charter all who were properly Freemen were capable the other were generally Tenents to them and Homagers which was a Tenure that though it might free their Persons yet their Lands were obnoxious to forfeiture upon every breach of Homage and their Lords had the power of taxing them so that in some sense they were their Tenents Representatives and as long as they were Freeholders themselves and were a more numerous body if they all appeared as for any thing I see they might do if not hindred by Impotence Nonage or the Kings service they far exceeded the number of Representatives in the Reigns of King H. 3. E. 1. and E. 2. So that it amounts to the same thing as to the general Freedom of the Nation when all these were Members of the Great Councils Who properly Freeholders in Kâ— John's time whether the common Freeholder were represented or not as now which Dr. Brady hath so nervously confuted every where in his Introduction that they were not that I think the Freedom Mr. Petyt Mr. Pen and others make so great a coyl about no ways impaired by Dr. Brady who like a judicious Person would have us use propriety of Speech and rather be thankful for the Freedom we now enjoy and our Ancestors have from time to time obtained by the grant of Kings than to make such Claims to native Freedoms and Liberties as Mr. Pen would have it that our Ancestors contended for as if their Ancestors had enjoyed them before we had any Kings and stipulated with their Kings for them before they admitted them to Soveraignty which no considering person that will impartially read ancient History either of our Country or others can find any certain footsteps of To return now to the business which the foregoing observation gives some light to I conceive as the Thegns the Kings Prepositi and Reeves As the Thegns in the Saxon-times so the Praepositi Reeves c. of Burroughs after by reason of their Imployments about the Kings Demesn Lands governing of Burroughs Stewards of Hundreds Wapentakes and men employed in other civil Affairs of the Kingdom did meet in the Saxon Councils so from Cities and Burroughs where great Lords had Fees as most if not all of them may be easily proved to have been held immediately of the King or of some of the very great Barons there might come before King John's time some Members to the great
is one of the dangerousest signs of a strong and prevailing Faction when a Prince hath notice and apprehension of it yet either for want of courage or easiness of temper to believe better of the Factious than they deserve quiets his resolution of opposing them at some critical time whereby they finding their Prince to yield to their importunities in granting some one thing he hath declared against readily interpret it a fear in him and when they have taken him at low water-mark they flow amain upon him with new and new Floods Such Princes thinking to make themselves easie by complying embarrass themselves the more with fresh troubles strengthen the hands of the Factious and by deserting their best Counsels and Friends open their own retrenchments dismount their own Artillery and give such ground to the Factious as at last they are either forced to quit their Throne or with too late rally'd resolutions fight for that Post they have so supinely quitted CHAP. XLV The Remedies of Faction and Sedition AS no Malady in the natural Body can be cured without the knowledg of the proper causes so the prevention of the growth of Faction and Sedition unto Rebellion is best effected by substracting the matter and taking away the fundamental causes of it First it is to be observed (a) Omne recens malum facile opprimitur inveteratum fit plerumque robustius Cicero Philip. That all budding evils are sooner stifled than those that are not only run up to Seed but suffered to shake in a rank Soil Therefore the Historian (b) Incipiens nondum adulta seditio melioribus conciliis flectitur saith That young and not grown up Sedition is bent with easier Councils So beginning Ulcers are easilier cured than those that are festered to the Bone or are Callous Fistulas Sedition is a personal Crime but because it consists in the several qualifications of the Persons I shall treat of the Cure in the same method as I have of the Causers and Causes The signs being as so many Symptoms which will require also some remarks First as to the debauched 1. The Debauched they are but the Velites the light-armed Vancouriers there is small danger from them They grow as Tares in every Country and Age they are the luxuriant branches of a rank Soil and long peace They are the Sutlors of the Camp There is a curse of peace that brings such weeds but the Howes of the Laws and Ecclesiastical discipline will hinder their growth and eradicate them The best Antidote against the mischiefs these people can bring to the Common-weal is the Prince's example to put vice out of fashion and countenance for a Prince's Vertue and Piety influenceth much No doubt his Majestie 's great care to forbid and discredit all kinds of Vice will work a greater (c) Hac conditio Principum ut quicquid faciam prâ—ipere 〈◊〉 Quintil. Declam 2. reformation among the dissolute than his Laws and will engage the hearts and affections of all vertuous sober and considerate Persons for as the passage among the Romans to the Temple of Honour was through that of Vertue so must that be to Loyalty and Christianity through Morality Secondly The light-headed airy Persons 2. Light-Headed as they are something a kin to the debauched the one pleasing his sensual Appetite and the other feeding the Chimaeras of his Brain as their peculiar Province so they are as little dangerous The suppressing Libels and Pamphlets would starve them But if they wanted them it is likely they would be worse imployed Therefore it is necessary in all Governments to countenance and set on work ingenious Persons who are well principled to the State to ridicule the Factious and feed these flutterers of the Air with Canary-seed and they will never fly against the wind or out of their Aviary but there sport themselves with as much variety of hopes flights and short Notes as the Birds do and yet other mortals be as ignorant of the impulsive causes as we are of the motives of the frisks and flutters of those Choristers of the Air. However these are not to be countenanced and indulged lest their wild Notes be imitated or that airiness grow too fashionable whereby solidity and stayedness be ridicul'd as we have seen it too much in our age when the Military educacation made the Schools and Universities less frequented and the licentiousness of those times is not yet forgot So that whereas in one (d) Pontefract Mr. Wakefield Mr. Hitchin Mr. Skipton Ald. Corporation before the War the Earl of Arundel found three Aldermen that used their Greek Testaments at Church it may be there are not three in a County that do so and Gentlemen have too much disused the reading of Latin Authors from whence our Language hath received the greatest improvement and yet to cover their unkilfulness many are too prone in this Age to decry the use of quotations out of such choice Authors But this in transitu Thirdly 3. The Indigent The necessitous and indigent being the Infantry of Faction and the gross Body require the Governments greater circumspection to prevent their being arrayed by the Factious Chieftains Necessitas ad turpe cogit Robbing and Stealing are their Master exploits in times of Peace Those which will adventure to stretch an Halter will adventure upon Bullets for a small constant Salary and being Mercenary will pass on either side where the greatest prospect of gain is therefore the Government is too take all possible care that Prodigality and Luxury bring not the better sort to want The way to enrich a People in general is to open and well ballance Trade cherish all sort of Manufacture banish Idleness repress wasts and excess improve and husband the Soil regulate all things vendable moderate Taxes and Tributes to invite the Indigent to people new Plantations or those that are fit for it to serve abroad in Military imployments These are such Remedies as being vigorously put in execution will leave few in want but such as by their laziness will chuse to freeze on Horseback rather than take the pains to go on foot to get them heat A Prince that would enrich his Subject saith my (e) Essays Lord St. Albans must take care that the Treasure of money in the State be not gathered into few hands otherwise a State may have a great stock and yet starve Money being like Dung not useful unless spread The best Mine above ground is when a Country affords not only the Commodity but the Manufacture and carriage for then treble hands are set on work Thence in all projects of cutting Rivers for the transporting of Commodities further within Land it ought to be well considered whether it be not more profitable to have many poor men and their Cattle imployed in Land carriage than by the cheaper way of Water only to enrich the Tradesmen and starve a hundred heads for one If the wholsom Laws for
sought after as the Trumpets and Kettle-drums that call together the whole Array against the Government And if they cannot be dispossessed of that Evil Spirit by gentler means they are to undergo the severity of the Laws which are made against Incendiaries of a Kingdom which is of more dangerous consequence than the firing of a Private Man's Habitation The danger from these Libels are the greater because (g) In civitate discordi ob crebras Principum mutationes inter libertatem licentiam incerta parvae quoque res magnis motibus agebantur Tacit. 2. Hist in times of Faction and the often Changes of Government the People being unfixed fluctuating betwixt Liberty and Licentiousness small Matters are transacted with great Emotions As to Corporations they have all of them been endowed with their Privileges by the Grace and Bounty of the Sovereign from whence all Immunities and Honours do flow The first Institution of them was no doubt Concerning Corporations that Justice might be executed in them for the better governing their numerous Inhabitants that they might be the Places of Traffick where the adjacent Country might be supplied and their Neighbours might vend their Growth and Manufacture And thus being enriched by Commerce separated from their Country-Neighbours by Honours Offices and Liberties something a Gentiler Education might be expected there whereby they might be Patterns to their adjoyning Neighbours of good and vertuous Deportment being exempted from the Jurisdiction of the Justices of Peace and attendance upon Assizes whereby Legal Matters in order to the necessary Administration of Justice are executed in their Precincts by their own Members and many of them besides the Privileges to be found at large in the Statutes and Law-Books have power to chuse as many to represent them in Parliament as the whole County hath It would fill a large Volume to recount the particular Powers and Freedoms have been granted to them by the Royal Favour of the successive Kings of England whereby they are erected into little Commonwealths Therefore there is good reason as they may do much good or harm and they have all the enriching Streams and Conduits from the Sovereign Spring and Fountain so they should have a strict dependence upon the Sovereign that they may not employ those great Privileges against the Laws and Government nor the rich pragmatical Magistrates Citizens and Freemen animate Factions and Seditions against it or presume to obtrude their impertinent Advices upon their Sovereign or by their clamorous Petitions for Redress of pretended Grievances and Male-administration or by their Election of Factious Representatives dispose of the Fate of the Empire as they did in 1641. by their general Combinations with the then Parliament which they so effectually assisted in their Rebellion It is too manifest how little Justice the two last Kings could have in the great Metropolis the King 's Imperial Chamber or in other Corporations although they had all less or more received great Instances of their Royal Favours and Graces And tho' the great City by the late King of Immortal Memory 's Royal Munificence and Princely Care as much as in him lay by Act of Parliament and his own particular Bounty after it was so fatally reduced to Ashes was raised into one entire Palace so beautiful and splendid as all People must acknowledge it the Eighth Wonder yet the grateful Returns were unproportionable This great City enjoyed as ample and beneficial Privileges as any could wish for and though it be deprived of some of them yet by the Munificence of our late and present Sovereign it enjoys what is needful for its well governing in subordination to the Publick Since therefore the Corporations mostly were found to have made ill Returns to their Sovereigns for all their special Graces by a most wise Council it hath been judged fit to enquire by what Warrant they enjoyed those Privileges and to recall those Charters that new ones might be granted mostly with Additions of Privileges only that the Magistrates if they should abuse their Authority might be displaced at the King's Pleasure A most necessary Resumption of Power whereby they might not be in a capacity for the future to give any Disturbance to the Government Elsewhere I have given short Hints of the Practice of former Kings in vacating the Charters of the great City and shall only add what I find in the most Judicious Historian was done in a like Case by the Senate of Rome in Tiberius his Reign The Licence (h) Crebrescebat enim Graecas per urbes licentia atque impunitas asyla statuendi complebantur â—â—mpla pessimis servitiaâ—um eodem subsidio obaeraâ—i adversus creditores suspectique capitalium criminum receptabantur nec ullum satis validum Imperium erat coercendis seditionibus populi flagitia hominum ut Caeremonias Deum protâ—entes Igitur placitum ut mitterent civitates Jura atque Legauos c. Magnaque ejus diei species fuit quo Senatus majorum beneficia sociorum pâ—cta Regum etiam qui ante vim Romanam valuerant decreta Ipsorum numinum Religiones introspexit libero ut quondam quod firmaret mutareâ—ve Tacit. 3. Annal. and Impunities of ordaining Sanctuaries and Privileged Places encreased saith my Author throughout the Cities of Greece the Temples were filled with most lewd Bondslaves in the same were received Debtors against their Creditors and Men guilty of Capital Crimes were protected neither was there any powerful Authority able to bridle the Sedition of the People Villanies were protected no less than the Ceremonies of the Gods Therefore it was appointed That the Cities should send their Agents with their Laws Some by way of Resignation of their Charters freely remitted those things they had falsely usurped many did confide in the Antiquity of their Superstitions and their Deserts to the People of Rome The Pomp of that Day saith the Historian was great in shew In which the Senate for Tiberius had left the Senate a Shadow of their ancient Estate by sending the Requests of the Provinces to be examined by them considered of the Privileges granted by their Predecessors the Agreements with their Confederates the Decrees of the Kings before the Countries became subject to the Romans and the Religion of the Gods themselves to confirm or alter all By which it may appear to be no new thing for Sovereigns to enquire into the Privileges of Cities tho' claimed by Divine Original as many of those were from their Gods or by the Bounties of Princes As to Conventicles the Nurseries of Seditions since the Laws are obvious by which they may be suppressed and that in another Chapter I have treated of them I shall take no further notice of them here being as unwilling that truly consciencious mis led People that endanger not the Government should be severely punished as I heartily wish they would give no Disturbance to it CHAP. XLVI The Preservatives against Faction and Sedition THE general Amulets