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kingdom_n france_n king_n lewis_n 3,219 5 10.3262 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A49316 The prerogative of the monarchs of Great Brittain asserted according to the antient laws of England. Also, A confutation of that false maxim, that royal authority is originally and radically in the people. By Bartholomew Lane, Esq; Lane, Bartholomew. 1684 (1684) Wing L330; ESTC R222011 59,818 160

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Maxim of Tyranny only to keep the Subject poor To which auri vis Arist l. 5. pol. c. 11. Annal. l. 11. c. 1. opes infensae saith Tacitus Nero never gave to any Favorite any great employment but he added Thou knowst what we want Let us take care Sueton in Neron ne quis quidquam habeat And it is a Proverb relating to the great Turk That where he has once trampl'd there neither grow Leaves nor Grass On the other side we find with what a torrent the Portugals bore down all before e'm to recover their ancient Laws and the Soveraignty of their lawful Princes from the servitude and oppression of the Spaniards insomuch that when the Duke of Braganca had once declar'd his mind the revolt was universal and with such a rapid motion that one single day determin'd the contention with little blood so swift and astonishing was the surprize Nor must we forget how impatiently this Nation bow'd under Usurpation how hainously they bore the exilement of his present Majesty and the loss of their ancient Liberties almost buryed in a most impious Tyranny not ceasing till they had recover'd both their Prince and their Laws to the unspeakable joy of the whole Kingdom In France the King is Absolute and Arbitrary His word is the Law He may thank Lewis the XI for laying the Foundations and Richlieu and Mazarine for perfecting the work However Olden T. 2. as it is brought about the Final cause of the French Government at present is the Grandeur of the Monarch for the support of which the welfare of the People is but trampled under Foot The King squeezes with his Exactions the great Lords and Gentry for their Rents till the Commonalty are reduc'd to utmost penury For which reason France is compar'd to a most flourishing plain that feeds innumerable Flocks of Sheep which are to be fleec'd when the Shepherd pleases He is never safer than when he is in War to keep his haughty Nobility from hatching mischief But his own Subjects being so cow'd and out of heart for Infantry he is forc'd to hire among his Neighbours and Skins the servile Peasant for their pay by that means dilating his Territories to the intolerable detriment of his enslav'd People Only they are happy because they know no better In Swedeland it is quite otherwise Olden T. 2. for there the King is bound to govern by the Laws of the Country which he has no power to alter without the consent of the People So that the Character of the Swedish Government is this That it aims more at the welfare of the Subject than the Interest of the Prince And therefore it is observed that no Commonalty in the World live more happy than they Which renders them stout defenders of their Country and formidable to the most formidable of their Neighbours The Danish Government regards the Common Interest of the People who are govern'd by the ancient Laws of the Country which the King is sworn to observe at his Coronation Therefore the People thrive and live in a plentiful and flourishing condition Whether the English imbib'd their love of Liberty from their ancient Ancestors the Danes is not material here to discuss Yet certainly no Nation under Heaven enjoys those Rights those Priviledges that uncontroul'd Propriety with more ample provision and careful circumspection of Law or a more equal ballance between the Prince and the Subject than the People of England which makes them jealous of their infringement sometimes even to excess For the Laws of England are made with the consent of the People themselves By which means they prevent the imposing any oppressive Burden upon their own Shoulders So that it may well be said that the safety and security of the English People their Lives their Liberties and peculiar Proprieties are as it were entrusted to the Guardianship and deposited in the keeping and defence of Laws and Constitutions of their own framing Not of yesterday but deriv'd from the provisions of distinct Legislators and Princes from the most ancient to these present times carefully deliberated and debated among the most eminent for Wisdom and Counsel in the Nation The want of Laws in the greatest part of those Governments already recited sufficiently declare how little the People have to trust to that are only govern'd by Will and Power On the other side those People who are govern'd by Kings not Tyrants are the most happy and those Kings approach nearest to the King of Kings who govern like Shepherds not like Wolves Which is the reason that David calls God himself the Shepherd of Israel Now then the Common good being the Rule and Quadran of good Government the better the Laws are and the more they tend to the Common good their ultimate end the better must that Government be in regard that where the Law is predominant the Common good can receive no injury and where the Common good is so secur'd there the People are safe in all things that concern their Civil welfare And in this appears the excellency of those Laws that mainly design the common Benefit that they resemble nearest the Laws of God whose Dispensations of Justice were the same to the Peasant as to the Prince And as it was most certainly a greater Prerogative of the Hebrew Kings above all other Kings and Monarchs whatsoever that they govern'd by the Law of God so does it not admit of much dispute whether the Monarchs of England may not claim a Prerogative of the same kind over all other Potentates by governing by a Law the nearest to Divine of any extant more justly far deserving the Title of most Christian Kings than they who glory only in commanding numerous swarms of Slaves But where the National Constitutions of a Kingdom have so interwoven and twisted the Interest of Prince and People that they are inseparable without detriment to both there the Laws are the safety of the Prince and the security of the People and as the ballance kept but duly even render's the Obligation and reciprocal relation between the one and the other indissoluble so it perpetuates their mutual happiness and tranquility Now the People claim their security by the Law from the equal distribution of Justice the preservation of their Freedom and Proprieties and protecting the publick Peace from Tumult and Disorder On the other side the Prince expects all due Obedience from the People in the execution of the Law and an exact condescension to his just Prerogatives without which his Authority lessens and grows into contempt The Laws of England ordain to these ends a limited Authority to the Prince and a consin'd freedom to the Subject thereby providing at one and the same time for the safety of the Prince and the security of the People For it is as equally dangerous and wicked for the People to deny the Prince his just Prerogatives as it is of ill consequence to deny the People their Freedoms