we must believe that there ever hath been such and ever will whilst Men have different Judgments that is to say if we mean those as in all Charity we ought to do who following their Opinions give sometimes Counsel which in truth may be prejudicial rather than advantageous for us witness our Author himself whom supposing to be as in great Charity we may an honest Man hath yet given Counsel even undesir'd and unauthoriz'd more pernicious to our Government and Happiness than the worst of our evil Counsellors could ever have invented As to the Pensioner Parliament I must confess till of late days I never knew it was a Crime for a Parliament Man to hold an Imployment from the King nor a fault in the King to endeavour to â—oâ—â—en the Rancor of a virulent Member any more than in an indulgent Father to hire by fair Words and Promises a froward and perverse natur'd Child to live peaceably and decently in the Family amongst the rest of his Brethren since the Design both of the Pater Patrioe and Pater Familias is no other than to procure to himself and Family a quiet and happy Life For the Judges and Divines if their great Worth and Learning and most exemplary Lives did not speak plainly and loud enough in their Behalf they would not want better Pens than minâ— to defend their Cause But I think their Sphere is much above the noise much more the danger of this barking Mongrel When â—e nam'd the busie and designing Papist I was in great hopes that he would have added the Presbyterians too and then we might have come betimes to the Cause of our Misfortunes But since he has thought fit to leave them out I shall also let them alone till occasion requires For his French Councels I know them no more than himself does and in my Opinion had our Author had any Wit in his Anger he might have forborn in this place to have revil'd the Divines and Judges of our Land the King's Council and Parliament it self that is to say all that we hold under the King sacred and religious amongst us especially since he tells us immediately that these are not the Causes of our Misfortunes the finding which out is I think one main Design of his Politick Search Mer. Very well Sir The next thing is We have plaid handy dandy with Parliaments and especially the House of Commons the only Part which is now left entire of the old Constitution by adjourning proroguing and dissolving them contrary to the true meaning of the Law Trav. That 's enough I have only to remark his two Parenthesises In the first he tells us That the House of Commons is the only part that is now left entire of the old Constitution Pray Cousin Have you heard what is become of the House of Peers or Do you know how it comes to be less entire than ever it was I am perswaded you cannot tell me Mer. I imagine his Meaning may be that their Estates are not so great as formerly they have been or that the House of Commons depended more upon them formerly than now they do Trav. For the first it is false there being as great Estates now in the House of Lords as generally ever there were And for the dependance of the Commons upon the Lords that is to say wearing their blew Coats making up their Lords-train waiting upon them to the House of Lords and making a Laâ—e for them to enter and such like as he tells us pag. 135. Let him endeavour to reduce the House of Commons to this old Constitution if he can and he will soon see how far the Commoners will think themselves oblig'd to him for it If not why does he talk of an old Constitution But Sir with his good leave and the Commoners too I take the House of Commons to be the latest Addition to that Assembly which altogether we call a Parliament I do not remember to have heard any News of a House of Commons as it is now understood untill several Years after the Norman Conquest that is untill the end of the Reign of Henry the Third at soonest But though some contend for the eighteenth of Henry the First But the House of Lords hath subsisted and been a Court of Judicature even before the Roman Conquest 1700 Years ago Witness amongst many other Passages the Dispute between King Cassibelaunus and Androgeus Duke of the Trinovantes Whose Son or Nephew having slain the Son of the King Cassibelaunus commanded the Duke to surrender him in order to his Tryal that he might suffer such Punishment as the Noblemen or Lords of the Kingdom should judge most â—it Commotus Rex Androgeo mandavit â—t nepoleâ— suum sibi redderet paratum â—alem sententiam subire qualem Proceres regni judicarent So we read of Vortegern the British King Vortegernus excitatus perstrepentium vocibus super statu publico in medium consulit Sententias Magnatum So of the Malm. l. 1. Saxon Ethelwulphus Cum concilio Episcoporum ac Principum concilium salubre ac remedium uniforme f. 22. affirmavi c. So Edmundus Rex Anglorum â—â—m concilio consensu Optimatum meorum c. Besides many hundred of such Instances proving the Existence of a Court of Lords from the Conquest of Will the First untill the end of Hen. the Third are to be found in Eadmerus and other good Authors But it being none of my business to defend in this place the Prerogatives of the House oâ— Lords I shall not offer any thing further concerning them But since our Author troubles himself so much about the old Constitution of the House of Commons and detracting from the House of Lords calls the Lower House the only entire part of the old Parliaments I shall beg leave to mind you what was the Cause and Design of their first Institution as I find it in the best Histories of those Ages and by that you will easily perceive their Antiquity as also which was the eldest Constitution William the Conquerour P. 57. 154. 211. called by Eadmerus and others William the Great having master'd the Power and the Fortune of the English Nation what he retain'd not in Providence as the Demesnes of the Crown or reserv'd not in Piety for the Maintenance of the Church the rest of his Kingdom he divided amongst such of his principal Lords as sailed hither with him in the Barque of his Adventures giving to some whole Countries to others considerable parts of it so as in the County of Norfolk for instance there were not above threescore Chief Lords or Owners and half of them not very considerable as appears by Doomsday And as the Estate so the Council of the Kingdom was entrusted into few Hands none being employed in the publick Councils but only these great Lords and Peers who were Conciliarii nati born to that priviledge and came thither without Leave and without Summons And although at first this
Soveraign power in the house of Lords either conjunctim or divisim joyntly or separately without the King therefore the Soveraign right of power can be no where but in the King right of council is in the Lords and Commons in Parliament duly assembled but right of command is in the King For he both calls the Parliament and dissolves it One Soveraign power cannot dissolve another Soveraign power could they be supposed together except by force But the Kings of England have ever called and dissolved Parliaments not by force but by right of power and command which belongs to them by inherent birthright and lawful and undoubted Succession A Bill which shall have regularly past both Houses and brought even to the Royal assent is no Act nor hath it any manner of force as such without the Kings will Le Roy le veult doth solely and necessarily transform a Bill into a Statute and is the essential constituent part of it His Will doth alone give life and being to that which is no more than a dead insignificant letter without it Nay though a Bill should pass both Houses with the unanimous consent and approbation of every individual Member yet the King may refuse it and it is indisputably the right of our Kings so to do if they shall so think sitting which prove evidently amongst other things that the Soveraign Power is solely in our Kings Merch. But Sir Plato Red. insinuates very strongly p. 123. that It is a violation of right and infringment of the Kings Coronation Oath to frustrate the counsels of a Parliament by his negative voice and that in his opinion the King is bound confirmare consuetudines or pass such laws as the people shall choose Trav. The Delphick Oracle did never impose Laws more peremptorily to the Greeks than Plato Red. would arrogantly obtrude his private opinions upon us for notwithstanding all the Laws are against him yet he alone would pretend to devest the King of this his undoubted Prerogative But Sir there is a difference between new modelling a Government and maintaining it according to its ancient institution If Plato designs the first he may as well pretend it is inconvenient that the Imperial Crown of England should be Hereditary and Successive and endeavour to make it Elective for the right of a negative voice in Parliament is as certainly the Prerogative of the Kings of England as their right of Inheritance or Succession is But having no design to dâ—…te so much at this time what â—lteration might be convenient for us as â—o maintain what the Kings Right â—â— and ever hath been according to the â—â—cient as well as present Consâ—…tion of the Government I must 〈…〉 do averr That the King enjoyinâ— â—â—reditarily and undeniably this Nâ—…tive voice in Parliament hath himself the Supreme power of England And this the English Gentleman and his Doctor seem to acknowledge p. 105. Besides If the Soveraign power of England were not solely in the King then when there is no Parliament there could be no Soveraign power in England which is ridiculous and absurd For there is no Free and independent Kingdom or Commonwealth upon earth in which there is not at all times a Soveraign power in being If the Soveraign power ceaseth for a moment the power which remains becomes dependent and at the same instant a higher power must appear But the Imperial Crown of England depends upon none but God Omnis sub Rege ipse sub nullo nisi tantum Deo says Bracton an ancient and a Learned Author and again Rex non habet superiorem nisi Deum The King has no Superiour but God Or as it was express'd under H. 4. The Regality of the Crown of England is immediately subject to God and to none other Mer. But since the King can neither make any Laws nor levy any Taxes without the consent of both Houses it shews sure that at least some of the Soveraign power resides in them Trav. I perceive Cousin you have forgot your Grotius for he tells you that you must distinguish between the Empire and the manner of holding the Empire or the Jus ab usu Juris Aliud enim est Imperium aliud habendi modus So that although the Kings of England do generally promise or swear not to alter the Government nor to make Laws or levy impositions but according to the ancient Constitutions of the Kingdom yet nevertheless this takes not from him his Soveraign right of power for that he hath in him by Birthright and Inheritance and according to the Original Institution of the Kingdom and which is antecedent and Superiour also to any Oaths or Obligations I 'll give you Grotius his own words as you will find them l. 1. c. 3. s 16. Non definit summum esse Imperium etiamsi is qui imperaturm est promittat aliqua subditis etiam talia quae ad imperandi rationem pertineant But he confesseth indeed that such a Constitution is a little limitation to the Supreme power Fatendum tamen arctius quodammodo reddi Imperium But it doth not follow from thence that there is any authority Superiour to his own Non inde tamen sequitur ita promittenti Superiorem dari aliquem And he gives you the example of the Persian Monarchs who though they were as absolute as any Kings could be yet when they enter'd upon the Government they sware to observe certain Laws which they could not alter Apud Persas Rex summo cum Imperio erat tamen jurabat cum regnum adiret leges certa quadam forma latas mutare illi nefas erat So also that the Egyptian Kings were bound to the observance of several Customs and Constitutions Aegyptiorum Reges quos tameâ— ut alios Reges Orientis summo imperio usos non est dubium ad multarum rerum observationem oblig abantur Mer. Very well Sir but pray why may not the Soveraign power remain still in the people especially if all be true which our Author boldly affirms p. 119. viz. That our Prince hath no authority of his own but what was first entrusted in him by the Government of which he is head Trav. Here Plato plays the Villain egregiously is a Traitor incognito and carries Treason in a dark lanthorn which he thinks to discover or conceal according to the success of Rebellion which he evidently promotes But we shall unmask this Republican Faux And first our King whom he calls Prince not understanding it may be the difference between Regnum and Principaâ—us hath no authority saith he but what was first intrusted by the Government Here Government is a word of an amphibious nature and can as well subsist under a Monarchy as a Commonwealth For if Rebellion doth not prosper then Government in this place signifies the Law of the Land and indeed the King's authority over us is establish'd by the Law that is to say the consent and acknowledgment of the People in due form That
did not expect and hesitating much without giving any satisfactory account of what was demanded he was cast into chains and punish'd according to the hainousness of the offence Mer. And may all the Manlii amongst us be alike confounded Next Sir I cannot approve of the liberty men take of publishing their private sentiments which are generally grounded upon nothing but conjecture and Enthusiastical follies Trav. Certainly nothing would conduce more to our quiet than that the liberty of the press should be restrain'd But since it is not our business to look into those liberties which we enjoy so much as into those which we want let us leave the consideration of these and many other such things to our prudent Governours I shall only note this one thing by the way that since the Act of Habeas Corpus I think I may confidently affirm that even at this time when there is so much danger of a pretended slavery the Subjects of England enjoy a greater liberty than was known to any of our Ancestors before us Pray therefore proceed to the second consideration which is our properties Mer. That is wholly unnecessary for all the world knows that whatsoever we possess is so secured by the Laws of the Land that the King himself doth not pretend in prejudice of those Laws which indeed are his own Laws to touch the least Chattel that belongs to us nor can any Tax be impos'd but such as shall be granted by Act of Parliament which is the very Government that our Author so much approves And in a word Plato himself has clear'd this point telling us p. 127 That the people by the fundamental Laws that is by the constitution of the Government of England have entire freedom in their lives properties and their persons neither of which can in the least suffer but according to the Laws And to prevent any oppression that might happen in the execution of these good Laws which are our Birthright all Trials must be by twelve men of our equals and in the next page lest the King 's Soveraign authority might be urg'd as a stop to the execution of those Laws he tells us That neither the King nor any by authority from him hath any the least power or jurisdiction over any English man but what the Law gives him And if any person shall be so wicked as to do any injustice to the life liberty or estate of any Englishman by any private command of the Prince the person aggriev'd or his next of kin if he be Assassinated shall have the same remedy against the offender as he ought to have had by the good Laws of the Land if there had been no such command given Now dear Cousin in the name of sense and reason where can be the fault and distemper of our Government as it relates to the ease and priviledge of the Subject if this be the constitution of it as at least our Author himself affirms Trav. Faith Sir I could never find it out nor any man else that ever I could meet withal And what is still stranger our great Platonick Physician hath not vouchsafed to give us any one particular instance in what part our disease lyes notwithstanding he alarms us with dismal news of being dead men and that without such a strange turn of Government as his pregnant Noddle hath found out we are ruin'd for ever 'T is true he tells us that the property being in the hand of the Commoners the Government must necessarily be there also and for which the Commoners are tugging and contending very justly and very honourably which makes every Parliament seem a present state of war Mer. But Sir if it be true that we enjoy all those benefits and blessings before mentioned that the Government it self secures these properties inviolably to us which we know to be most certain without the testimony of Plato or any man else what then does this tugging concern us or what relation has it to our happiness which is already as great as we can wish it to be Must the enjoyment of our properties put us into a state of war Must our health become our disease and our fatness only make us kick against our masters what can this contention for Government signifie more than ambition and what could their success produce less than Tyranny should the House of Commons become our masters what could they bestow upon us more than we already enjoy except danger and trouble And what can our present Government take from us except the fears of those fatal consequences which such a popular innovation would induce Let then the property be where it will and if we possess it securely we are the happier for it Trav. Your reasons are too plain and strong to be resisted I shall quit therefore this point and inform you how our Author seems in many places to insinuate that the want of frequent and annual Parliaments is the cause of our distemper and that calling a Parliament every year might prove a pretty cure according to a certain Act in the time of Edward the first and that then instead of hopping upon one leg we might go limping on upon three Mer. Faith Cousin you are now gotten out of my reach and you must answer this your self I can only proceed according to my former rule which is that if we be as happy as we can be a Parliament cannot make us more Trav. That answer is I think sufficient to satisfie any reasonable man However we will speak somewhat more particularly concerning this matter as we find it recorded in History Our Author informs us in p. 110. That by our Constitution the Government was undeniably to be divided between the King and his Subjects which by the way is undeniably and notoriously false for according to our ancent Constitution as well under the Saxon as our Norman Kings the Government or the right of Power was originally and solely in our Kings And that divers of the great men speaking with that excellent Prince King Edward the first about it called a Parliament and consented to a Declaration of the Kingdoms right in that point So there passed a Law in that Parliament that one should be held every year and oftner if need be The same he confirms in p. 159. and in other places Now Sir if after these fine Speeches by those great men whom undoubtedly our Author could have named to this excellent Prince it should happen at last that there was no such Act during the Reign of Edward the first what would you think of our Author Merch. In troth Sir it would not alter my opinion for I already believe him to be an impudent magisterial Impostor Trav. I fear indeed he will prove so for except he hath found in his politick search some loose paper that never yet came into our Statute books we must conclude that he is grossly mistaken For the first Act that is extant of that kind was in the
Fourth of Edward the Third and the words of it are these It is accorded that a Parliament shall be holden every year once and more often if need be Now Sir you must observe that this Act was made whilst the King was but Nineteen years of age and both himself and Kingdom under the care of Twelve Governours His Mother Queen Isabel and Roger Mortimer very powerful the Governours of the Pupil King divided amongst themselves and many other pressing affairs of the Nation oblig'd most people to propose that expedient of frequent Parliaments as the most probable means to secure the peace and prosperity of the Kingdom at least until the King should come of riper years and thereby many differences be reconciled After this in the Thirty sixth year of his Reign he called a Parliament and wanting money as generally he did the Parliament would grant nothing until an Act passed for maintenance of former Articles and Statutes there expressed And that for redress of divers mischiefs and grievances which daily happen a Parliament shall be holden every year as another time was ordained by Statute These are the two Statutes intended by our Author when he tells us that the Statute of Edward the first was confirmed by that glorious Prince Edward the third Whereas in truth they were both made by the same King and both in a great measure revoked in his own time Having declared after the making this last Act that he yielded to it only to serve his own turn This Sir is the matter of Fact upon which our Author builds his great pretensions to the old constitutions of Annual Parliaments The first Act was made whilst the King was very young the second when he wanted money and had Twenty six shillings and eight pence granted him upon every sack of wool transported for three years And both first and second Acts were broken by several intermissions before he died Besides we must make this remark that a Parliament seldom met without giving the King some money which might encourage those Kings to assemble them oftner than lately they have done But the truth is Annual Parliaments were lookt upon as so great a grievance to the Nation that we find that about the Tenth year of Richard the Second his Successor it was thought a great Prerogative in the King that he might call a Parliament once a year And both Houses appointed the Duke of Glocester and Thomas Arundell Bishop of Ely to acquaint the King that by an old Statute the King once a year might lawfully summon his Court of Parliament for reformation of corruptions and enormities within the Realm And if we consider with our selves we shall find that if yearly Parliaments were imposed upon us they would become grievances equally insupportable as to have no Parliaments at all For if the Knights Citizens and Burgesses be chosen out of the Countrey Gentlemen and Merchants inhabiting those Countries where they are elected as sure they ought to be what inconvenience if not ruin must it bring upon their affairs when they shall be forced to run every year a hundred or two hundred Miles from their particular domestick affairs to serve in a formal Parliament in which it may be the greatest business will be to make business for the next Indeed for idle persons who live about Town and have nothing to do but to scrible knavish politicks to the disturbance of honest men such a constitution might do well enough if they could get to be chosen members But we find from experience and History that in those days when Ambition and Faction were not so much in vogue as at present men were so far from making parties to get into the Parliament that many Commoners and Lords too have petitioned and been excused their attendance The King 's Queen's and Prince's Servants have stood upon their priviledge of exemption So James Barner was discharged by the King's command Quia erat de retinentia Regis 7. R. 2 and the Lord de Vessey in Edward the Fourths time obtained Licence not to serve in Parliament during his life Rex concessit Henrico Bromflet Dom. de Vessey quod ipse durante vita sit exoneratus de veniendo ad Parl. Besides the very Writ of Summons shews that in the original institution and design of Parliaments a frequent meeting could not be necessary For they were only to treat concilium impendere de magnis arduis negotiis Now God help us if every year should produce such magna ardua negotia such difficult and weighty affairs that the King with his Judges and â—rivy Council could not determine them without assembling his great Council the Parliament I confess in our Authors Chimerical model I am perswaded our circumstances would be bad enough but I thank God we are not gotten there yet Thus you see Sir that this grievance in not having annual Parliaments is become no grievance at all Mer. I begin Cousin to lose all manner of respect for this mistaken Mountebank For I perceive notwithstanding his great words and pretences all is but wind emptinâ—ss and cheat Having therefore fully satisfieâ— me concerning our liberties properties and Parliaments pray forget not to say somewhat of our Religion Trav. Sir I shall not presume to meddle with the Doctrinal part of any Religion that being none of my Province Nor shall I say much concerning the Ceremonial part or discipline of our own that is to say the Church of England It is sufficient to mind you that both the Doctrine and Discipline in Church Government have been established and confirm'd by several Acts of Parliament and Statutes Which Parliaments being the most Soveraign power that our Author himself pretends to set up amongst us we ought all to acquiesce in and be concluded by what they have done until an equal authority shall repeal those Acts or otherwise determine concerning us Mer. There is no objection can be made against this answer But Sir since the difference in our Religion seems manifestly to occasion most of our troubles why may not the King by his own authority dispence with the penal part of these Laws or grant a toleration especially to Protestant Dissenters or encourage an Act of Parliament for uniting them into the Church of England or else why might not the same Church release some part of the rigour of the Discipline and Ceremony since 't is agreed on all hands that the observance or non-observance of them are not points necessary or absolutely conducing to Salvation Trav. Cousin I shall answer you all these questions as plain as I can And first I shall never believe that true and unfeigned Religion especially amongst men where the Doctrine agrees is ever the real cause of any troubles disturbance or disobedience to lawful authority such as is that which produces an Act of Parliament even in our Authors sence being so contrary to the Doctrine and Principles of Christian Religion that I may confidently affirm where
so necessary to be effected that it was morally impossible to succeed in the former until the latter was actually executed It being then most certain that our Authors intention was to establish a Common wealth I shall now give you my reasons why we ought not upon any terms to admit of it And first I shall not insist much upon those vulgar inconveniences which are visible to all men As for example the inevitable consequences of most bloudy wars For can any rational man believe that all the Royal family should be so insensible of their right and honour as never to push for three Kingdoms which would so justly belong to them or could they be supposed to leave England under their popular usurpation what reason hath Scotland to truckle under the Domination of the English Commonalty What pretence hath the English Subject supposing they were to share in the English Government over the Kingdom of Scotland All the world knows that that Kingdom belongs so particularly to our King that the late Rebells themselves did not scruple to call him King of the Scots Why should Ireland also become a Province to an English Parliament Or should both Kingdoms be willing to shake off the Government of their Natural Lawful and antient Monarchy why should they not set up a Democracy or an Aristocracy or what else they pleas'd amongst themselves Is there never a Statesman in the three Kingdoms but Plato Redivivus Can none teach them to Rebel but he No rules to maintain an usurpt Authority but what we find among his extravagancies I am confident you do not believe it Shall these people notoriously known to have hated one another whilst formerly they were under different Governours become the strictest friends when they shall return unto those circumstances under which they were the greatest enemies Will the French King take no advantage having so good a pretext of our Divisions Or should we unite against him under our popular Governours was it ever known that a Confederate army was able to defend themselves long against an Army of equal strength commanded by one sole absolute Monarch Can we foresee any thing but most desperate wars and can wars be supported but by most heavy taxes Were not our Thimbles and Bodkins converted in the late times into Swords and Mortar pieces and by a prodigious transmutation never before heard of were not our Gold and Ear-rings turn'd into a brazen Idol These consequences Cousin and dismal effects of a Commonwealth besides many other are so obvious that I shall not spend any more time to mind you of them Supposing then that none of those former horrid inconveniences might happen I must mind you by the way that one reason why our Author and the Associators desire a Commonwealth proceeds from the fear of a certain Arbitrary power which they pretend the King would introduce as may be seen pag. 161. 208 and in several other places Now Though nothing be more extravagant than such a groundless imagination our Author having assured us that his Majesty never did one act of Arbitrary power since his happy restoration And moreover pag. 176. That our laws against Arbitrary power are abundantly sufficient Yet that we may no more dispute this point I must produce Plato's own authority against himself in these words That the King fears his power will be so lessened by degrees that at length it will not be able to keep the Crown upon his head pag. 208. Nay farther in pag. 214. he shews us That it is impossible he should ever become an Arbitrary King For his present power as little as it is is yet greater than the condition of property can admit and in a word from his beloved Aphorism and the whole course of his Libel he endeavours to prove that Dominion being founded on the property and the property being in the people the King can have no manner of hopes upon earth of becoming absolute nor introducing an Arbitrary Government but by some Army of Angels from Heaven who must procure him an Authority which he cares not for The next and main reason why our Author would set up a Democracy at least as far as I can collect from the whole scope of his discourse is because the State inclines to popularity Now Sir for this last time I must make use of our Author 's own reasons against his own positions and do affirm that for this very reason were there no other all sober men and true Politicians ought to oppose with their utmost endeavours a Popular Government I will not recount to you the many mischiefs desolations and destructions which a popular power hath brought along with it whereever it goâ—â—he better of the antient Established Government of the place Somewhat hath been already said to this purpose in our discourse and much more may be read in the Histories of most parts of the world to which I refer you and shall only mind you of some inevitable consequences which will follow such an innovation amongst our selves And first if it be true that the King hath no power to make himself absolute then we have no cause to apprehend an Arbitrary power in him and by consequence no reason to change But if the inclination of the people be such that they will take advantage of the King's want of power and introduce their own Government what moderation may we expect from men towards those who are to become their Subjects who shaking off all sense of Justice Law Religion and temper dare usurp the Soveraign authority over their natural Governour Where shall we appeal for mercy when having cut the throat of the most merciful King in Europe we expose our own to our ambitious and unmerciful Tyrants Where shall we expect compassion towards our selves when we shall become Parricides and Regicides to our father and our King Where shall we seek after Eqâ—ity when the House of Lords the supreme Court of Equity are most unjustly turn'd out of doors and what end of our miseries can we ever hope for when our Tyrants by our villanous Authors constitution have not only got all the Wealth and Militia into their hands but have perpetuated their usurpation by annual Parliaments never to end Who being Judges of their own priviledges p. 254. may regulate elections as they shall think fit p. 249. Sit Adjourn Prorogue and Dissolve as they alone shall judge expedient What more barbarous villany was ever propos'd and publish'd under a lawful and peaceable Government besides our own upon earth But suppose our poor Country thus enslav'd and our antient Kingdom turn'd into a Common-wealth what can our new masters do for us more than is already done Can our libâ—rties be greater as to our persons and estates It is impossible to suppose it Will our properties be more secur'd all the Laws that ever were upon earth under any Government cannot make them more inviolable Nothing then can remain but liberty in Religion which we call of
I have made some other few remarks as the impertinent comparison which Plato hath made of a Bayliff Attorney or Referrâ—e as they relate to the choosing the Speaker of the House of Commons all which is directly against himself his magisterial definition of Prerogative and many other arrogances and follies all which I hope I shall be able to answer my self without giving you any farther trouble Trav. Sir I do not in the least quâ—stâ—on it however if any thing hath been omitted in which I may be able to give you farther satisfaction I shall â—vâ—r be ready to obey your Commands Coelum ipsum pâ—timus stultitiâ— neque Per nostâ—um pâ—â—imâ—â— scelâ—â— Iracunda Jovem ponere fulmina Horaâ— â—arm l. 1. THE CONTENTS DISCOURSE I. OF the Graâ—iâ—n Commonwealtâ—â— compâ—red wâ—â—h England Page â—4 â—5 Of Plato Lycurgus Sparta and Athens p. 26. 27. sequent The original of the Graecian Governments p. 34. seq Of Solon p. 37. Of Athens p. 41. Of Sparta p. 47. The Ephori p. 48. DISCOURSE II. Division of Government p. 59. Of the House of Commons p. 65. their Institution p. 68. Of the House of Lords p. 66. 67. Of the Kings prerogative in Adjourning Proroguing and Dissolving Parliaments p. 7â— The beginning of Government before the Flood p. 76. After the Flood 7â— Of Ogyges Sithuthrus Deucalian Noe p. 79. Of Natâ—â—e p. 8â— First Kingdoms afâ—… the Flood instituted by fathers of Famâ—lies p. 87. 802. No right of Power nor Liberty originally in the People p. 89 Commonwealths founded upon Vsurpaâ—â—on c. p. 90. Of the Creâ—tion of the World and Mankind according to â—â—cretius and some other Heathen Philoâ—oâ—â—ers p. 91. seq Of Moses â—â—d â—â—â— History p. 97. seq Abraham hâ—d Regal Authority p. 107 Saulâ— â—â—t chosen by the people nor depended â—poâ— them p. 109. Empire not founded oâ— Property p. 113. upon â—â—at it is foundâ—â— p. 125. 127. Not reasonâ—ble thâ—â— the People who have the greatest interest in the Property should have any right of power in the Governmeent except what is subordinate p. 14â— Of Power â—48 God governs humanâ— affairs p. 154. Of force p. 156. That the people by â—â—ving an interest in the Property have â—ot â—â—ereâ—â—â— greater power force or streâ—gtâ— than if they hâ—d it â—oâ— p. 1â—2 Of â—…es p. 169. All Soveraign Priâ—â—â—s â—â—vâ—â—â—ighâ— of â—oâ—er â—veâ— tâ—e 〈…〉 the properâ—y be diviâ—… the people p â—71 Moâ—â—rchs who hâ—ve â—â—joâ—eâ— the Sâ—pâ—eâ—e Aâ—thority hâ—ve yet left the property to the people Of the Scythians p. 178. Of the Assyrianâ— Medes and Persians p. 180. Of the Aegyptian Kings p. 182. Of the Romans p. 185. Of the Brittish Kings p. 192. Of the Kings of Israel â—r of the Jews p. 193. Definition of an â—bsolute Monarch p. 196 197. David â—â—â—bsolute Monarch p. 199. Of Zedâ—kiaâ— and Jeremiah p. 204. Of the â—aâ—hedrim p. 209. Of the Goths â— 212. Of the Lombards p. 216. Of the Vandalls p. 221. Of Clâ—â—mâ—â—â—s King of Sparta p. 225. The death of the last Christian Greek Emperour and loss of Constantinople p. 226. DISCOURSE III. Moses Theseus and Romulus â—ot Founders of Demoâ—râ—ciâ—s aâ— Plato Red averrs p. 242. Of the Gracchi and Agrarian Lâ—w p. 25â— â—53 Of Agis â—nâ— Clâ—â—mâ—neâ— p. 260. Punishmeâ—t of Sedition anâ— Calâ—mniâ—â—ors of the Government in Venice 26â— Of the French Gentry Frâ—emen and Râ—â—â—â—â—â—rs their â—…res p. 27â— Vindiâ—â—tion of 〈…〉 Clergy and Ecclestastical Government against the malicious reflections of Plato Red. p. 274. 277. Soveraign right of power solely in the King p. 279. 284. Of the Kings negative voice in Parliament p. 281. The Kings of England depend not upon the people nor received their right of power from them p. 285. seq 288. The Goths not in England p. 291. Of the Saxons and their Tenures p. 293. 297. Of our late Parliament p. 295. Of K. Edward the Confessor p. 298. Plato Red. designs to set up a Commonwealth p. 304. Of the Kingâ— prerogative p. 306. Of our Liberties p. 315. Of Calumniators p. 317. Of our Properties p. 322. Of Annual Parl. p. 325. Of Religion p. 333. Of Dissenters p. 335. Of Popish Recusants 340. Of Toleration 342. Of the Popes Supremacy 350. 355. Dissenters Doctrine of Deposing Princes 357. A Commonwealth not to be promoted in this present conjuncture of affairs 361. 367. Of Arbitrary power in the King 365. Of Liberty of Conscience 369. ERRATA IN the Preface Line 1. for Inquity read Iniquity p. 66. l. 17. put out But. p. 80. for pâ—rsonatus r. persâ—â—â—tatuâ— l. 12. for Abydnuâ— r. Abydenuâ— p. 86 l. 11. for Government r. faith p. 143. l ult for Vital heat r. Animal â—pirits p 144. l. 1. for Veins r. Nerves p. 185 255 256 294 for Praeda r. praedia p. 186. for lientiam r. licentiam
Monarchies And that they descended for many ages successively from Father to Son as generally amongst us at this day I will pitch chiefly upon Athens and Sparta which I suppose will be sufficient at present I need not begin so high as the very original of Greece it self and tell you they were peopled by Fathers of Families I mean Jon Javon or Javan the Son of Japhet Whence durum Japeti genus and thence their name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as is observ'd by Suidas Of these you may read farther in Josephus and other Authors I shall only mind you that before Deucalion's Floud Cecrops was said to have brought Learning and with it Idolatry out of Aegypt into Greece and was King in that Country which we call Attica or Athens Ante Deucalionis tempora Regem habuêre Cecropem Cranâ—us succeeded Cecrops to whose Daughter Athis that Country owes its name After him Amphiction who dedicated the Town to Minerva and from her name call'd it Athenae In his days happen'd the Floud of Deucalion After that per ordinem successionis the Kingdom descended to Erichtheâ—s or Erichthonius then passing through many others unto Theseus and from him to Demophoon who was an associate in the Trojan War There you have a long Catalogue of the Grecian Kings without the least mention either of an Aristocracy or a Democracy amongst them And from thence the Kingdom fell by succession to Codrus the Son of Melanthus who was the last King of Athens Eusebius in his Chronology gives us the names of Sixteen Kings of Athens to Codrus inclusively which space of time makes up near Five hundred years And in his time it was that a War broke out between the Athenians and the Dorians Which last when they consulted the Oracle of Apollo which should have the better it was answer'd that they should certainly overcome their enemies except the King of the Athenians were slain Upon this strict charge was given to their Army that none should presume â—â— hurt the Athenian King but Codrus being inform'd as well of the Answer â—f the Oracle as the order which the Dorians had given unknown to any clad himself in a miserable habit and geting in that condition into the Enemies Camp rais'd on purpose an impertinent quarrel and was there according to his intent slain by his enemies This being soon discover'd the Dorians of themselves retreated home and the War ended Quis eum non miretur â—aith Paterculus qui iis artibus mortem quoesierit quibus ab ignavis vita quoeri solet Much such an action did Leonidas King of Sparta for the safety of his Country in the Persian War at the streights of Thermopiloe Who being admonish'd by the Oracle that either himself must fall or Sparta dy'd desperately fighting in the midst of the Persian Army I believe Cousin you will hardly remark two more generous actions of publick spirited men in any Common-wealth than those of these two Mâ—narchs But to return to Athens Mâ—don Son to Codrus was first Archon â— Athens in whose Family that Kingdom continued having chang'd nothing by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 into Archon until the death of Alcmoeon After him Charops was first created Archon for Ten years only which constitution lasted Seventy years The last of those was Erixias Tum annuâ—s commissa est magistratibus Respublica Then Monarchy lay bleeding and their Archon became but an annual Magistrate The first of these was Creon to whom Nine other Princes were chosen ex nobilibus urbis And under this Form it was which we may truly call an Aristocracy That Solon was appointed to make them laws which it seems were contrived so equal between the Senate and the People that he was weâ—â— esteem'd and thank'd on both sides This was the first considerable change in the Athenian Government for whâ—â— was before a Monarchy and Govern'd absolutely according to the will of the Monarch became now an Optimacy or if you will according to Isocrates a mix'd Democracy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and had now by the diligence of Solon certain publick written Laws which as I said seem'd so reasonable that both the Prince and the People obliged themselves to observe them Mer. Pray Cousin by your leave had the Athenians no Law before Solon And did their Kings rule after their own Wills which we may call Fancies or Inclinations Trav. First Sir the Athenians had as I said no certain publick Laws by which they might constantly know their Duty and which might regulate the Princes Commands as well as their Obedience except a few which Draco made for them about sixty Years before Solon which being now mostly antiquated signify'd little Solon therefore is truly said to have found Laws proper for the Government and Times which were both much out of order and distracted Administratio Reipublicoe annuis magistratibus commissa sed Civitati nulloe tunc leges erant quia â—â—bido Reguâ—â— pro legibus habebatur Legitur itaque Solon vir justitia insignis qui velut novam Civitatem legibus conderâ—t c. And for their Kings I must tell you that anciently not only in Greece in which there were several Kingdoms but generally all the World over the People were govern'd purely and simply according to the good Will and Pleasure of their Prince This you will easily believe was very inconvenient for the People For since there are more bad than good amongst all sorâ—s of Men and Professions it happened by consequence that there were generally in the World more evil than just and vertuous Princes The last therefore were ador'd as Gods The first from the very ill use of their right of Power were deservedly call'd Tyrants and sometimes remov'd by violence when their Yoke grew insupportable Mer. I do not wonder at it for humane Nature hath its Bounds beyond which it cannot suffer and both Respect and Obedience too will break when bent with too much Rigor and beyond their Trempe Trav. This hath happen'd and may do so again especially amongst People whose Understandings having been never open'd by the more glorious Rays and Light of the Gospel follow at best the Dictates of Nature only amongst which that of Self-Preservation is none of the least But you will observe that these Accidents are still no Arguments against a Monarchical Form of Government no more than the happy Reign of a good King and the entire Obedience of most dutiful Subjects are certain Reasons for it these being Contingences and may vary often in Prince or People or in both together Mer. What solid Foundation then do you establish for perpetuating a Government and judging of its Goodness Trav. The same which God and Moses did I mean good Laws of which we have as many as prudently penn'd and as proper for us as any People upon Earth not only in the point of Meum and Tuum but the more necessary parts of Obedience and Command the Right of Power
and Honour in the Governour and Right of Priviledge and Protection in the Governed that the one may be secur'd against Oppression and the other from Violation And in this it was that Solon having probably in his Travels perused Part it not all the Law of Moses and nicking the Circumstances of the troublesome Affairs in Attica succeeded so well that as hath been said he had the Fortune to make such Laws and contrive such a Form of Government as for a time pleas'd both Parties Mer. Pray How did Athens prosper under these new Laws and this Innovation in the Government Trav. As for the Laws they continued in Force for many Years but for the Form of Government it succeeded as generally all Innovations do especially such as are popular for his mingled Democracy became even in his own Days a perfect Monarchy under the Reign of Pisistratus to whom even Solon himself was a constant Privy Councillor Mer. It surprises me extreamly that so wise a Man as Solon should fail so grosly in so material a Point as the Establishment of his new Government Trav. Sir you will cease to wonder when I shall tell you how the Case and his Circumstances stood Attica was divided into three principal Factions according to the three different Situations of the Country The Mountaineers were all for a Popular Government those of the plain or low Country affected an Aristocracy the Coasters and those who liv'd near the Sea-side desir'd rather a mix'd Government but all the People and poorer sort were so generally indebted to the Rich that they paid annually no less than the sixth part of all they had to their Creditors whence they were call'd Hectemorâ—i and many were so desperately engag'd that they were forc'd to sell their Children In these Distractions and Afflictions the more sober part did believe That nothing could so truly heal their Grievances as returning again under the Government of a Monarch whose Power being despotical might according as himself should think most just end all their Differences by easing the Poor without exasperating the Rich. In this Conjuncture Solon being a rich Merchant and a wise Man and living splendidly enough grew so popular that the common People invited him to take the Government wholly upon himself Two of the Parties were very zealous in it and the third seem'd well enough satisfy'd that the Management of all should be in the Hands of so prudent a Man as he was thought to be But Solon very unadvisedly refusing what was offer'd him suffer'd himself to be chosen after Philombrotus their Archon and then to gratifie the People who had been so respective to him he abolisheth their Debts and gave them a greater share in the Government than in good reason and Policy they ought to have had All their Law-givers and Politicians after Draco as Josephus cont App. observes aut Civitatem laudantes aut Reges that is affected according to their Circumstances or Inclinations a Popular or a Monarchical Government Mer. But this sure should rather have strengthned their popular Government than introduced another so contrary to it Trav. No Sir that 's a Mistake for when Men are unduely raised to the Helm who are born to obey or as Agrippa observes Qui hoereditariam obedientiam susceperunt their new Power like Strong Liquors intoxicates them their Heads grow giddy and they become more insolent and unsupportable even to their Fellows for whose sakes they receiv'd their Honours than the most absolute Monarchs generally have been This makes them easily shake off the servile Yoke and return to the Obedience of their natural Prince or else some aspiring Man amongst them usurps all So the popular Sedition of the Gracchi and some others of the Tribunes confirm'd the Authority of the Consuls and introduc'd at last even by the Consent of the People a Monarchical Government Mer. This Observation is most just and common enough amongst us nothing being more ridiculously proud and insolent than a Clown in Office But what became afterwards of Athens Trav. Pisistratus having govern'd very well about thirty five Years left the Kingdom to his Son Diocles who being murther'd by one of his Subjects the other Son Hippias was banish'd by the Rebellious Multitude and the Government fell again into the Hands of the People Then it became an Aristocracy and was governed wholly by the Senate Permittente populo imperium ad Senatum transfertur Then a Tyranny under thirty Governours each of which was more cruel than any of their former Kings had been Then they reduc'd the thirty to ten Tyrants then the Government came to the People again and in a Word passing through all the Changes and Forms which they could invent they had nothing certain and establish'd but continual Wars which lasted untill they became Slaves to the Macedonian Conquerour and at last remain'd Subjects to the Roman and Grecian as at present to the Turkish Emperours Mer. And was this the Condition of the celebrated Athenian Governments are their Wars and Changes the admirable Blessings which we are encouraged to seek after Trav. Sir I relate only matter of Fact as you will find at large in Thucydides Justin Plutarch and several other Authors make what use of it you think fitting Mer. The Use is plain which is To seek after Peace while I live and by the Grace of God endeavour as far as belongs to a Man of my Profession to support the present Government by Law established that we may avoid the Plague of Innovation and the Slavery of some Macedonian Conquerour One Word more dear Cousin How came Athens to produce such excellent Wits as it seems it did in those troublesome Days Trav. As our Miseries under the Tyranny of the rebellious House of Commons and Usurpation of a Plebeian produced several most learned Works or as the Persecution of the Primitive Church procur'd the excellent Volumes of many Holy Fathers and Martyrs Besides you must believe â—â—at Athens had some Intervals of Prosperity but that is still little to our purpose for I cannot think it reasonable that we in this Age should be oblig'd â—â— inâ—ur all the Misfortunes which Innovation generally produces in hopes that the next Age may be if possible more happy and flourishing tâ—â—n we are at present Mer. Sir I am hitherto perfectly well satisfied and â—eg your Pardon for the Trouble which I have given you but it will shorten our way very much in our Discourse hereafter One word concerning the famous Sparâ—â—â— Commonwealth and then I have done Trav. That will not cost us much time You must know then that Sparta was govern'd originally by Kings as Athens was They reckon nine successively to Lycurgus whose Power was also most arbitrary But then the Kingdom falling by Right of Succession to Charyllus Posthumate Son to Polybita Lycurgus his Uncle taking the Advantage of his Nephew's Minority gave the People Laws and made some Alteration in the Government which consisted principally in the
there reigned any King over the Children of Israel And these are the Names of the Dukes that came of Esau according to their Families after their Places by their Names And Verse the last These be the Dukes of Edom according to their Habitations in the Land of their Possessions he is Esau the Father of the Edomites Now what can be more particular or express than what I have here produc'd Or what can he mean by tracing the Foundation of Polities which are or ever came to our Knowledge since the World began if these will not pass for such He cannot pretend that we should bring a long Roll of Parchment like a Welch Pedigree ap Shinkin ap Morgan and so from the Son to the Father untill we arrive at ap Ismael ap Esau ap Magog ap Javan and so forth that would be too childish to imagine of him for we know very well that all the Kingdoms upon the Earth have oftentimes chang'd their Masters and Families But if he means as surely he must if he mean any thing that we cannot name any such Kingdom or Government that hath been so begun then he is grosly mistaken for the Assyrians the Medes the Ethiopians or Cusoei the Lydians the Jones or Greeks and very many others are sufficiently known and preserve to this day the very names of their first Founders who as is made appear were all Fathers of Families Mer. Cousin I begin to be very weary of this rambling Author Pray therefore let us go on as fast as we can Trav. Read then what follows Mer. As for Abraham whilst he liv'd as also his Son Isaac they were but ordinary Fathers of Families and no question govern'd their Housholds as all others do What have you to say to this Holy Patriarch and most excellent Man Trav. I say we are beholden to our Author that he did not call him a Country Farmer some such a one it may be as in his new Model of the Government is to share the Royal Authority Indeed it is hard that whom the declar'd Enemies to the Hebrew People have thought fit to call a King we who adore the Son of Abraham will not allow to be better than a common Housholder Mer. I confess my Reading is not great but as far as the Bible goes I may adventure to give my Opinion And if I mistake not the Children of Heth own'd him to be a mighty Prince among them Trav. Yes Sir and the Prophet David in the hundred and fifth Psalm calls him the Lords Anointed But because I perceive the Word of God is too vulgar a Study for our Learned Statesman I have found out a Prophane Author who concurs with the History of the Bible And first Justin makes no Scruple to call him in plain Words a King Post Damascum Azillus Mox Adores Abraham Israel Reges fuere lib. 36. Josephus also and Grotius who are Men of no small Repute even amongst the most Learned have quoted Nicolaus Damascenus to vindicate the Regal Authority of Abraham His Words are very intelligible 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And tells us moreover that in his Days which was in the Reign of Augustus the Fame of Abraham was much celebrated in that Country and that there was yet a little Town remaining which was called by his Name Mer. I perceive when Men grow fond of their own Imaginations they run over all and neither Reason nor Religion have any Power to stop them Trav. Then he introduceth Samuel upon the Stage chiefly I suppose to insinuate that the People had a Power and did choose themselves a King which is so notoriously false that they never had the least share or pretended any in the election of Saul It is true they chose rather to be govern'd by a temporal King who was to live amongst them and rule as other Kings did than continue under the Government of the King of Heaven and Earth and so the Word chose relates wholly to the Government but not to the Person of the Governour For which Samuel also reproves them and accordingly they acted no farther leaving the Election of their new King wholly to God and their Prophet and God did particularly choose him from the rest of their People and Samuel actually anointed him before the People knew any thing of the matter Afterwards lest some might have accus'd Samuel of Partiality in the Choice he order'd Lots to be cast which in the Interpretation of all men is leaving the Election to God and Saul was again taken What Junius Brutus another old antimonarchical seditious Brother objects concerning renewing the Kingdom at Gilgal where it is said And all the People went to Gilgal and there they made Saul King before the Lord will serve very little to prove any Right of Power in the People no not so much as of Election for confirming and renewing the Kingdom and such like Expressions signifie no more than the taking by us the Oaths of Allegiance and Supremacy which I think were never thought to give the King any Right to the Crown but only a just Right to punish us for our Perjury as well as Disobedience in Case of Rebellion So renewing the Covenant with God as particularly a little before the Death of Joshuah cannot be supposed to give a greater right of Power to God Almighty than what he had before but is only a stricter Obligation for the Peoples Obedience that they might be condemned out of their own Mouths And Joshuah said unto the People See ye are Witnesses against your selves So Samuel makes the People bind themselves to God to their King and to their Prophet that they would faithfully obey him whom the Lord had set over them And behold saith Samuel the Lord hath set a King over you But having spoke more to this purpose elsewhere and the Case being most clear as well by the History it self as by the Authority of Grotius and other learned Men that Saul and the rest of the Hebrew Kings did not in the least depend upon their People but received all their Right of Power wholly from God we will proceed with our Author Only I must note by the way that with the learned Gentleman's leave neither the Sanhedrim the Congregation of the People nor the Princes of the Tribes had any manner of Power but what was subordinate and that only to judge the People according to the Laws and Institutions of Moses And so they continued to the Babylonish Captivity Grotius only observing in favour of the Sanhedrim that they had a particular Right of judging concerning a whole Tribe the High Priest and a Prophet Mer. Well Sir we are now come to our modern despotical Power What say you to Mahomet and Cingis Can. Trav. Prethee Cousin let 's not trouble our selves with those Turks and Tartars they are yet â—ar enough off and not like to trouble us nor does their Government much concern us we have Laws of our own sufficient which
Jure proprietatis or In patrimonio imperantis that is properly or in Property or in chief or how else you please to render these Words in English Which Grotius in the same Chapter explains by a Jus regendi non aliunde pendens A Right of Government not depending upon any other humane Authority whatsoever Mer. But Sir since you have founded Empire upon a Supreme Right of Government or Power over Men how comes it to pass that we find a Right of Power and Priviledges and Government too so founded in the Possession of several Lands that the Possession of those Lands alone gives a Man several Rights and Prerogatives For example amongst us 't is said That whosoever hath the Right and Possession of the Barony of Burgaveny besides some others becomes thereby a Baron of England and enjoys those Priviledges which belong to it In France I have heard say That nothing is more common than for Men to receive their Titles according to their Lands whether Count Baron Marquess and so forth Is it not plain then That the Right of Command or Power which is Empire may be founded upon Property according to our Author's Interpretation that is the Possession of Lands Trav. I agree to what you have urg'd that is to say That several Priviledges and Right of Power are annexed to several Lordships or Terres Nobles that they have thereby haute basse Justice and their Jurisdiction extends to Life and Death Nay more in several parts of Italy and particularly in Lombardy there are several Imperial Feuds which Grotius seems to call Regna Feudalia which have almost as great Prerogatives as some other Kingdoms have They make Laws raise Taxes and mint Money as other greater Kingdoms do And yet all this makes little for our Author's Aphorism as by him interpreted Mer. The Reason if you please Trav. Because all those little Lordships or Principalities whether they were instituted at first by the Goths and Vandals or Lombards or granted afterwards by several later Emperours and Kings or both as is most probable yet they did and still do at this day depend upon a Superiour Power and pay Homage and Fealty for those Priviledges which they enjoy which is much different from Empire or a Sovereign Right of Power And yet even in this Case this subordinate Power is so far from being founded upon the Possession of all the Land belonging to the Feud which is our Author's Proposition that very often their Liberties depend only upon the old Walls of a ruinated Castie and a very inconsiderable Number of Acres which represent the whole Feud or Mannor the rest of the Land having been sold away and become the Property of others some small Rent only or Acknowledgment being reserv'd And after this manner the Supreme Power may as well tye Priviledges to a Post and grant the Possessor of that Post such Royalties as the Proprietor of such a Castle or Land Which is very far from proving that the Possession of Lands doth thereby originally create a Sovereign Right of Power Mer. Cousin I have heard and read too I think that the Sea hath formerly eaten up a considerable part of your ancient Patrimony and from thence it may be you are no Friend to Lands But for my part I will stand up for Land as long as I can and must therefore ask you Why those Rents or Acknowledgments were reserv'd if not to testifie that they came originally from the Lord and that thereby he still keeps up a kind of Sovereign Right to the Lands themselves knowing well enough that his Power according to our Author is founded upon them Trav. This yet signifies nothing for although the Reservation of these Rents or Services do preserve the Memory of the Benefactor and continue the Respect due from the Tenant yet this is personal only and hath no Relation to the publick Right of Power or Government For when this Rent was not reserv'd yet whosoever lives within the Jurisdiction of such a Fewd or Mannor is always subject to him who enjoys the Lordship So in England Services and Quit-Rents have been generally receiv'd and paid untill the late King and his present Majesty were pleas'd to dispose of them But to believe that this hath lessened his Sovereign Right of Government is a Fancy that sure cannot enter into the Head of any sober Man But let us put a plain Case Suppose the Kingdom of England were at any time obtain'd by absolute Conquest as I conceive it was more than once and that such Conquest gives the Conquerour a Sovereign Right not only to our real and personal Estates which we find to have been wholly in the hands of some of our Kings but also over our Liberties and Lives as may be fully seen in Grotius de Jur. B. P. Now Sir supposing a People in this Condition and having nothing of their own submit themselves and all they have to the Mercy of the Conquerour as the Carthaginians did to the Romans you will grant I imagine that this Conquerour is an Emperour to all Intents having an absolute Right of Power over the People and their Land also Mer. Yes certainly as long as he keeps himself and People in that Condition there cannot want any thing to make him an absolute Monarch Trav. But we will farther suppose That our Conquerour being of a more noble and more humane Temper than it may be our Author would have been orders diligent Inquisition to be made into the Value of his conquer'd Lands Which being done and enter'd into a Register such as we call Doomsday Book the Conquerour divides most of these Lands between the Conquerours and the Conquered some he returns to their former Owners upon certain Conditions or Services others he changeth To his Noblemen and Favourites he grants great Titles and Priviledges to the Gentry less and to the vulgar or common sort some small Possessions which with a little Labour and Diligence will enable them to live easily and peaceably the rest of their days All these become an Inheritance to themselves and their Heirs according to their several Tenures which the Conquerours have generally created and which we call Property These Sir being thus established and the Lands of the Kingdom setled after this manner the Conquerour or King himself reserves it may be a small part which we call Crown Lands and in Consideration of his Right of Conquest and those Benefits which he hath bestowed upon his People in granting them their Liberties Lives and Lands he continueth to himself the Power of making and abolishing Laws according as he shall think most fit and proper for the Peace Honour and Safety of his Government He creates Magistrates for the due Execution of these Laws who in his stead and by his Authority have a Power to judge between his Subjects and in some Cases between his Subjects and himself or his Attorney Besides these he retains the sole Power of making Peace and War of
usos non est dubium From the first Egyptian King to Chencres Pharaoh who was overwhelm'd in the Red Sea for Pharaoh like Augustus is only a title of honour Authors have reckoned a Succession of Ten Kings a time long enough to have establish'd a firm Government And yet we see in the days of Joseph's Administration his Subjects had an undoubted property in their lands which at last they sold with their freedom also to purchase bread Quibus agri fuere saith Josephus partem aliquam in praetium alimentorum Regi decidebant And again Non solum corpora sed animos gentis in servitutem redegit necessitas Which servitude we must interpret slavery and was now distinguish'd from subjection for there is no question but that Subjects in those days were free both in their persons and estates which they enjoy'd in property and only liable to such Impositions and Services as concern'd the publick happiness and security of the Government We can by no means agree with our Author that the Egyptian Kings held a kind of precarious Kingdom such as the Heraclides in Sparta But being absolute according to Grotius or summa potestate praediti were not yet so barbarous as to appropriate to themselves all the possessions belonging to their Territories or otherwise enslave their Subjects than according as misfortunes or necessity forc'd them to sell their Liberty Yet even in this case we find that Pharaoh return'd the Lands to most of them upon payment of the Sixth part only of the usufrute which he retein'd as Josephus tells us Jure Dominii which conditions they most gladly accepted Laeti insperata restitutione agrorum And to conclude let me inform you from good Authorities that the Egyptian Kings were so far from retaining or reserving all the lands to themselves that after the general division of their Territories their Lands were distributed into Three Equal parts One part was appropriated to the Kings use and was Demesne or Crown-lands the Second part was assign'd to their Priests for their Subsistence and the support of the necessary charges of their Sacrifices and other Offices belonging to the Worship and Service of their Gods And the Third part was allotted to their Calasiri or Milites which were those who professed arms for the defence of their Country In the next place The Romans who held the Soveraign Empire of so great a part of the world had it so little in their thoughts to make themselves Proprietors of all the land belonging to their Empire that as well in their first as latter Monarchy they seldom took away more from the Conquered than was almost necessary for preserving their Dominion over them by the maintaining of Garrisons or planting such Colonies and Praeda militaria amongst them as might at their own expence and charges preserve their fidelity to the Romans and secure the publick peace Hence Petilius Cerealis reproaching the French after his victory over them for their folly and defection from the Roman protection he tells them That although the Romans had been often provoked yet they added nothing more to what they might claim from their right of Conquest than such conditions as might secure their publick peace For saith he there can be no peace without arms nor can armies be maintain'd without pay nor can pay be procured but by Tribute and Taxes Nos quanquam toties lacessiti Jure victoriae id solum vobis addidimus quo pacem tueremur nam neque quies gentium sine armis Tac. Hist 4. Salluste tells us That the ancient Pious Romans took nothing from the Conquered but the liberty of doing injury or wrong Majores nostri religiosissimi mortales nihil victis eripiebant praeter injuriae licntiam And that they encreasd their Empire by their goodness and mercy Ignoscendo auxisse Pop. Rom. magnitudinem Certain it is that Romulus and some others of those first Roman Monarchs us'd their victories with so much moderation that the Conquered were scarce sensible or sorry they were overcome whence Claudius blaming in his Speech to the Senate the severity of the Athenians and Lacedemonians At conditor noster Romulus saith he tantum sapientia Tac. Ann. xi valuit ut plerosque populos eodem die hostes dein Cives habuerit But our Founder Romulus was so prudent a Prince that he caus'd many to become Citizens of Rome who the same day had been the Roman enemies And Grotius takes notice particularly out of Appian that the Romans when they subdued Italy took but a part even of those Italian lands Grot. de I. B. p. l. 3. from the Conquered Romani cum Italiam armis subegissent victos parte agri mulctarent and again etiam victis hostibus terram non omnem adimebant sed partiebantur And this hath been done as is already observ'd for their support and security And it hath been universally a Custom amongst all Nations that howsoever the Conquerors might differ concerning the Persons or Personal estate of those whom they overcame or what might fall to them nomine praedae they generally left the Lands in the possession of their ancient Proprietors and Inhabitants of the Country except sometimes in the case of Colonies upon the payment only of certain Tributes or Taxes Very many examples occur in all Histories I shall only therefore take notice of what Tacitus observes of our ancient Britains They paid saith he their Tribute readily enough and performed such other Duties as were commanded them provided they had no affronts or injuries put upon them for those they could not bear being brought only to obey but not to serve Ipsi Britanni dilectum ac Tributa c. in vita Agrip. These then were the Customs of the Romans and Greeks too concerning Lands between themselves and the Conquered let us now see how they dispos'd of their Lands between themselves and their Natural Subjects and we find that Romulus made the first general distribution of his Free men into Tribes and that Those again he distinguished into Patres and Plebes who were afterwards called Patricians and Plebeians or Lords and Commons the Patricians were compos'd of such as were eminent either in Birth Courage Wealth or any other remarkable Virtue and to these many great Priviledges and Possessions were granted out of these alone were chosen their Priests as well as Senators and other inferiour Magistrates The Plebeians minded only Tillage and Husbandry and other mechanical employments and were called Commoners or Roman Citizens which title became afterwards an honour of no small esteem and was much affected by their neighbours and purchased by particular Admission or Denization many such were chosen out of the Sabins Volscians Samnites and others but lest this distinction between Patricians and Plebeians might beget on the one side Insolence and on the other Envy those prudent Monarchs thought fit to unite them by a more endearing Relation whence the Patricii were called Patroni or Patrons of the People and
were to protect them not only in all Law Suits but in what other occurrences might happen to them The Plebeians also were styled Clientes or their Clients who besides the Protection of their Patrons received also Lands from them under certain conditions which remained many years inviolable for example in case the Patron should be taken by the Enemy the Client was to contribute towards his Ransome as also towards the advancement of their Daughters in their Marriages they were not to inform or give testimony against their Patrons or if they did they were accursed and condemned as Traitors Diis inferis devovebantur proditionis erant rei besides many other obsequious duties and respects so we read that Appiuâ— Claudius gave Lands to his Clients even in the very Infancy of the Roman Government Nor was this jus tutelare personal only but it was also Gentilitium that is it extended it self into whole families as for instance some of them with their whole Generation were Clients under the protection of the Aemilian some under the Julian and others under the Claudian Families This constitution was of great use to the Common-wealth for the credit which the Patricii had with their Clients was sufficient oftentimes to appease their popular disturbances who yielding either to the Authority or Entreaties of their Patrons were brought to acquiesce though with some little prejudice to their own right and this continued many Ages until the ambition of the Tribunes interrupted this good correspondence between the Princes and the People and so honourable did the name of Client grow that many States and Governments who have voluntarily committed themselves to the fidelity or protection of the Romans did not disdain that Title Thus we see the Lands even within the narrow compass of the first Roman Monarchy divided amongst the Princes and the People which Lands so given to the latter were called Clientela's and accordingly we may observe under Servius Tullius their sixth King a Register of their particular Estates Regis solertia ita est ordinata respublica ut omnia Patrimonii dignitatis aetatis artium officiorumque discrimina in tabulas referrentur Flor. c. 6. So we read of the Confiscation of the particular lands of Tarquinius superbus and yet Romulus and his successors were as absolute Monarchs as any of the Caesars have been and Julius Caesar himself by Will deviseth part of his own private estate to the Romans Thus was property or the possession of Lands divided amongst the people during the first Roman Monarchy thus it continued under the Roman as well as Graecian Empire thus it remains at present in the German Empire and thus it is established in all the most Christian Monarchies upon earth and not to forget our own Country I must observe out of a learned Author that our ancient British Kings who were as absolute as any made distribution also of their Land amongst their Subjects after this manner one paâ—t they gave to the Archflamens to pray for the Kings and their posterity a second part to the Nobility to do them Knights service a third to the Husbandmen to hold of them in Sâ—â—â—age and a fourth to the Mechanicks to hold in Bâ—rgage l. MS. Hâ—st Brit. And yet Plato Red. dares obtrude this proposition upon us p. 40. That in all states if the King had no Companions in the Soveraign Power he had no sharers likewise in the Dominion or possession of the Lands But for further satisfaction let us consider the Government of Gods people or the Kingdom of the Jews I think all will agree that the Hebrews were proprietors of their Lands and held them upon as good a Title as the people of England do theirs even at this day We find in that History a particular account of the distribution of the Lands according to their Tribes who were at that time under a Monarchical Government whether we look upon God Almighty as their King who according to Grotius Hobbs Junius Brutus and all good Authors was Rex peculiaris Israelitarum or as Brutus tells us De jure Mag. p. 226. Ab initio Deus ipse aternus ejus Monarcha fuit non eo tantum nomine quod ipse rerum omnium supremum dominium obtinuit sed singulari quodam modo nempe c. Or whether under their High Priest who was Gods vicegerent except when he raised them up a Judge We hear of no Tenures or services amongst them other than such as all Subjects upon earth are oblig'd to perform for the honour of the King and publick safety It is plain from the story of Ahab in the case of Naboth's vineyard that Naboth had a clear right and property in the possession of his lands and that their Kings had no authority in their private capacities to force any Subject so much as to sell his land upon reasonable conditions Yet nevertheless neither the Kings of Persia nor of Egypt nor of any part of the East were more absolute than the Kings of Israel were and yet none had a less proportion in the possession of the lands Mer. Sir I shall grant you all except this That the Kings of Israel were absolute which I can hardly believe especially since our Author tells us the contrary and instances in the Sanhedrim the Assembly of the Tribes and Congregation of the Lord who all had a share in the Government as they had in the property Trav. I confess several zealous Commonwealths men have asserted this false doctrine and amongst others their old Coryphaeus Junius Brutus But I find no colour of pretence for this their assertion but we will examine the case as fully as this occasion will permit and refer you afterwards to what I have writ more at large concerning this point elsewhere And first it is necessary that we should agree what we mean by an absolute Monarch which is indeed a point rather controverted than clearly decided by any Author that I have yet met withal Sallust thinks it consists in an exemption from all humane jurisdiction Impune quidvis facere hoc est Regem esse Others that to be absolute a Prince ought to govern peremptorily according to his will So Juvenal Sic volo sic jubeo stat pro ratione voluntas A third sort have declar'd that King truly absolute who giving Laws to others is subject to none himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to command without being oblig'd to give a reason why or wherefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Aeschylus saith and again Rex est suo utens jure nulli obnoxius Hobbs will have it consist in the subjection of our wills to that of the Prince Homo ille vel concilium illud cujus voluntati singuli suam voluntatem subjecerunt summam potestatem sive summum imperium sive dominium habere dicitur Grotius whose opinion I must always esteem very much tells us that the most absolute or highest power is of that Prince whose actions are not accountable
our Doting Mountebank impudently proposed From these Ostrogoths and Gepidae sprang the Lombards whom Narses the Roman Patrician inviting into Italy and shewing them the goodness of the Soyl and warmth of the climate by the richness of the Wines and pleasantness of the Fruit which he sent them as a Present to encourage their remove at last they undertook the journey and finding the Countrey fully answer their expectation from guests as they were intended they became masters And having introduced several of their own Laws and Customs have left many of them remaining even to this day with the name of Lombardy to one of the most fertile Provinces of Italy Merch. Pray what kind of Government did they settle amongst themselves Trav. The most popular that could be contrived For hating the Roman Emperors from whom they had usurped those Lands which they did possess as the offender is oftentimes the last reconciled they set up a Government as contrary to Monarchy as they could invent For obtaining leave to use their own form under certain conditions and restrictions they chose to be governed under Consuls which they elected annually for the most part out of three orders which they distinguished into Captains Vaivods and the Commonalty And that they might secure themselves from the ambition of the great ones they made no scruple to choose into the most honourable employments the most mercenary Tradesmen and Artificers Inferioris conditionis juvenes vel quoslibet contemptibilium etiam mechanicarum artium opifices quos caeterae gentes ab honestioribus liberioribus studiis tanquam pestem propellunt ad militis cingulum vel dignitatum gradus assumere non dedignentur Merch. What was the effect of this their Popular Government Trav. The same which generally happens in all such low irregular constitutions that is to say defection from their Soveraign and division amongst themselves so that every Town became a different Commonwealth and were never united or friends but when they were to oppose the Emperor and that they seldom fail'd to do as often as occasion happened For instance the Emperors always reserved a certain tribute which they called Fodrum to be payed them as often as they should pass out of Germany into Italy The denial of this Fodrum produced most desperate Wars insomuch that the Emperors were generally forced to fight their passage to Rome through their own Dominions At last under Frederick the first most of those Corporation Towns were utterly destroyed Amongst these Milan was the chief seat of Rebellion then Brescia Bergamo and several others shared in the same fate as they had done in the same fault Merch. I thought there had been several Imperial feuds in Lombardy as you lately observed and Counties what became of them did they follow the Government of those great Towns Trav. Sir there were several Marquisses and Counts who had great priviledges and possessions But in the absence of the Emperor they were in a manner necessitated to acquiesce under the irresistible force of an insolent people Vixque aliquis nobilis vel vir magnus tam magno ambitu inveniri queat qui civitatis suae non sequatur imperium But many times upon the return of the Emperor into those parts they have been established in their Dominions and the Rebells severely punished as in the case of William Marquiss of Monferat and the Bishop of Aste to whom when the Citizens of Aste and Quiere the chief Towns belonging to them had refused to do justice concerning their rights and priviledges the Emperor Frederick the first punished those Citizens most severely as Revells and his declared enemies Now Sir if you have observed any thing in the Government of those Lombards which either makes for our Authors proposition or pleases your self let me know it and I shall shew you all the farther satisfaction I can Merch. I have nothing more to offer concerning them I hate their Government which I think makes little for us But I would gladly hear somewhat more of the Goths and Vandals because t is said they lived under a Monarchy though limited Trav. The later Goths which were of the race of the Visigoths being much weakned and harrassed by the Romans at last under their King Alaric obtained permission from the Emperor Honorius to retire into Spain But being treacherously pursued by Stilico whom they overcame were so incensed against the Romans that they immediately returned and sacking Rome again set down in that part of France which they call Provincia or Gallia Narbonensis There being again beaten they entred into Spain and possessed it which happened about the year of our Lord 412. Here they setled a Monarchical Government but not so absolute as formerly it had been before their separation a great part both of the power as well as the possessions being in the people Much such was the case of the Vandals who after they had run over almost all Italy taken Rome and Naples and had spread themselves all over Campania follow'd the Goths into Spain whence being invited by Bonifacius General to the Emperour Valentinian they pass'd the Streights at Cadiz into Africa which they possess'd near 100 years according to Procopius his account until Belisarius General to the Emperour Justinian routed them and restor'd the Province to the Roman Empire This happened about the year Five hundred and thirty Now Cousin you must observe that though both these Goths and Vandals instituted a kind of Kingly Government yet their Prince was rather a General than a Monarch and their affairs were for the most part so turbulent that they were in a continual state of war Sometimes their success was good but generally bad And as the honour of Victory is given to the chief Commander so the ill fortune falls heaviest upon his head who governs Hence those insolent people might possibly as our Author says beat the Kings brains out or commit many outrages upon his person who was indeed in some things accountable to his people and held a Kingdom so precarious that Grotius thinks them not worthy of the name or title of Kings But no man sure that had not his hands in some measure already dy'd with the blood of one of the best Kings could have commended a people for beating out the brains of their Soveraign nor imagined that some excellent person as he says contriv'd a Government in which the people have ever been call'd and accounted most barbarous by all the most civiliz'd Monarchies and learned men in Europe and even by Procopius himself He tells us that nothing remains that may give us any great light in what their excellencies consisted Truly our Author seems to have grop'd in the dark for all the arguments and authorities which he hath produc'd to favour his innovation But no wonder men avoid the light when their deeds and principles are evil Mer. But what say you to the possession of lands and share in the Government which are the points that chiefly concern
us Trav. Sir you may easily believe that if the people were Masters of the Government they would not fail to give themselves large proportions of the lands But this made their Government so irregular and subject to so many inconveniencies that instead of being setled according to the exact rules of the Polities as our Author thinks it was most insupportable and not capable of any long subsistence And in effect we see both their name and government so totally extinct that those people who possessed almost all Europe are not now to be found in any part of it Such was the case of the once flourishing Kingdom of the Jews which when the Seditious people as Menahemus Eliazarus and others endeavoured to set up a popular Government was utterly destroy'd and of two such mighty Nations nothing is left but some few wandring remains or old rustick monuments which serve only to testifie that they once have been I confess had the authority of the Gothick Kings been Absolute and Independent I know no great inconvenience that their distribution of the lands could have produced Yet that too ought to be done with discretion and good consideration or many mischiefs and ruine in the end may ensue To this purpose our Author I thank him hath put us in mind of a memorable example For Plutarch tells us that Cleomenes King of Sparta endeavouring to make himself Absolute slew the Ephori And the better to ingratiate himself with the people divided the lands amongst them But being desperately attack'd by Antigonus King of Macedon before he had well established his Soveraign Authority he could not raise money to pay either his Mercenary soldiers or his own Citizens Whence for want of that power he was totally routed Lacedemon sack'd and the whole Kingdome became a Province to the Macedonians Mer. Without doubt many Contingencies may happen in which an Absolute Power in the Prince may prove the greatest security to a Kingdom against a Foreign Invasion For whilst the people are consulted withal or intreated to contribute toward the necessary expences of war by an untimely frugality and indiscreet husbandry the whole may be lost I remember a story very apposite to this purpose in the wars between the Greeks and Turks under Constantine the Fifteenth and last Christian Emperour of Greece The numerous Army of the Turks had so wasted the besieged in Constantinople that Constantine had no hopes of preserving the City but by a supply of Mercenary Soldiers To procure these a considerable sum of mony was requisite But the brutal and covetous Greeks would not be prevail'd upon to part with any thing at present though they had no other hopes to preserve all for the future So the unfortunate Emperour was slain and the City taken and sack'd from top to bottom with all the insolences that might be expected from a Pagan Conquerour Among the Greeks the Admiral Notaras was accounted the most rich and had been the most solicited by the Emperour to prevent by a chearful contribution and his good example the fatal hour of the Grecian Empire But cursed avarice doth often blind our reason so much that we are forc'd to yield That to our enemies which might have once preserv'd our friends And so it happened For Notaras burying all his Treasure whilest the Siege endured at last to preserve his life and complement the New Emperour Mahomet the second he raised his dead money from the grave and presenting iâ— with himself at the Emperour's feet offer'd the one to secure the other But the generous Turk looking sternly upon him Thou dog said he I take thy Treasure not as thy gift but as my due by right of conquest Which hadst thou in time given to thy poor Prince whom thou hast perfidiously betray'd thou mightest have preserv'd both thy Country and thy King Go then with a mischief and receive the just reward due to thy Treachery So he commanded him to be executed with no less severity than if he had been a Traytor even to Mahomet himself But Sir Begging your pardon for this Digression let us return to the Goths of whom I think you were saying That they have left little behind them which retains the memory that they once have been Pray what say you to those Tenures which are yet extant in many parts of Europe Were they not of the Gothick institution and do they not sufficiently testifie not only that they were but that they were also a wise people since their Government has remain'd so long after them Trav. Sir I perceive you use the word Government promiscuously as indeed our Author himself does Sometimes he makes it signifie the Supreme right of power sometimes the Subordinate and sometimes neither but only the effects of Government as in this case Now though these Tenures have remained in some Kingdoms yet they prove little of the wisdom and nothing of the excellent Government of those Goths For the last it is either totally lost or else so changed that it is not any more to be known For I do not hear or read of any such precarious Kingdom as theirs was extant at this day in Europe Nor is it probable there should for as hath been already observed such a constitution is so irregular and contrary to the nature of Government that it cannot continue long in that neutrality For either the people will take all the power into their hands whence some little Commonwealths have sometimes sprung up or else the King will by degrees become absolute and independent such as most of the Monarchs are at present throughout the whole world And for their Tenures you will easily find how they were continued if you consider that many little Kingdoms have been built upon the ruines of the declining Roman Empire which had been overrun by the Goths and Vandalls Roman paulatim coepit minui jam gentes quae Romanorum provincias non regna habitabant Râ—ges creare jam ex illorum potestate subduci in proprii arbitrii authoritate stare discunt These new Princes thought nothing more conducible to the establishment of their new Governments than to make as little innovation as they could but rather leave the conquered who were afterwards to become their Subjects in the same condition as they found them And those Tenures having no great matter of ill in them provided their Lords had no right in the Soveraign Authority as they had not many of them have continued with little alteration to this day This Cousin is I think sufficient to prove that contrary to our Author's proposition most Kings which have been in the world though they had an absolute and an independent right of power yet they have permitted the Lands to be divided and in the possession of the people And that though in the mixt Monarchy of the barbarous Goths and Vandalls some part of the power as well as possessions were in the Commonalty yet that is no reason to us why
for personal estate the subjects may enjoy it in the largest proportion without being able to invade the Empire and that the subjects with their Money cannot invade the Crown This is the first time that I remember to have observed where lay the weak side of invincible Gold Indeed till now I should have laid the odds for money against land and I am the more confirm'd in that opinion because I remember very well that in an election of a Knight for the Shire a certain money'd Merchant not having three hundred pound per Annum lands in the world was able nevertheless to carry the Election against a worthy Gentleman of an ancient Family who had at that time above four thousand pounds per Annum lands of inheritance And it was thought that the force of money procured the advantage Many such cases I suppose have happened in other Counties which argument sure will hold in a Kingdom as well as in a County since the former is composed of the latter But our Author who has the legislative power in his head makes there what card trump he thinks sit And from his unerring judgment there is no appeal Merch. I think Plato is mistaken But Sir you have slipt a remark a little before this and it is that Modern writers are of opinion that Aegypt till of late was not a Monarchy and the only conjecture which he produces is that originally all Arts and Sciences had their rise in Aegypt which they think very improbable to have been under a Monarchy Trav. O silly truly for our Authors reputations sake I thought to have passed by so childish a conjecture I will not go about to prove that really all Arts and Sciences had their rise in that Countrey because our Author hath confessed it Nor tell you that Aegypt was an absolute Monarchy many hundred years before because I have already given you good authorities for it Neither will I trouble you with a long Catalogue of most excellent men for all manner of learning who lived as well under the elder Monarchies as later ones of Rome Germany Spain France England and many others Let our Authors own profound Learning rise up in judgment in this case against himself since it is plain that his vast politick knowledge sprang up bloom'd brought forth fruit withered and decayed and all under a Monarchical Government For whether we consider him in the days of King Charles the I st or under Oliver or at Rome or since his present Majesties happy Restoration he hath still sucked in a Monarchical Air. I do not hear that all was effected at Geneva though most probably the first sowre Grapes came from thence which have set his teeth on edge ever since Merch. Indeed I think so sober a politician might have spared such a little malicious remark But to go on he tells us p. 45. That Rome was the best and most glorious Government that the Sun ever saw Trav. Our Statesman hath coupled best and glorious together as Poulterers use to do a lean and a fat Rabbit that one may help off with the other But his vulgar cheat must not pass For glorious we will admit of that Epithete and good Authors give us the reason how it came to be so which is not much to our purpose But for best we must examine that a little farther I could cite many Authorities to prove that the Roman Commonwealth was one of the worst Governments that ever subsisted so long But because I would speak somewhat to our noble Venetian who ought to have read his own Authors concerning Government at home before he came to judge of another abroad I will refer him for full satisfaction in this point to the Discorsi politici of Paulus Paruta a Nobleman and Senator of Venice and Procurator of Saint Marco Who in his first discourse comparing several Antient Commonwealths with that of Venice when he comes to Rome he tells us plainly That the Sun never saw a more confused State That it was really no regular government at all and that its chief default proceeded from the exorbitant power of the people Whence Tacitus calls it lib. 3. Corruptissima Respublica Now Sir if this noble Senator who also had been Ambassador abroad understood any thing of Government as I believe he did even more than the English Gent. Young Venetian and learned Doctor put all together then we must conclude that our Author is mistaken But since it is not the first time we will put it to account Mer. Well Sir he saith next p. 52. That Moses Theseus and Romulus were founders of Democracies What say you to that Trav. If I mistake not he tells us the same thing in p. 28. 32 69. In some of which he calls their Democracy in plain English a Common-wealth For Moses I have already prov'd his authority to have been Independent even in the highest measure upon any but God and that in the exercise none ever us'd it more arbitrarily witness the severe punishments against the Idolaters when he came down from Mount Sinai Where without any farther Ceremonies or legal trial he call'd the Sons of Levi to him and said Put every man his sword by his side and go in from gate to gate throughout the Camp and slay every man his brother and every man his companion and every man his neighbour And the children of Levi did according to the word of Moses and there fell of the people that day about 3000. men Many other instances there are of his Despotical power besides the Text saith in plain words that Moses was King in Jeshurun For the calling together the Congregation of the Lord by sound of Trumpet all men who ever read the Bible know that it was generally to tell them some message from God reproach them for their misdeeds exhort them to amendment and such like But I am confident they never did any one act which proceeded from a right of power while Moses liv'd Nay on the contrary when the Seditious Princes Corah Datban and Abiram as also Aaron and Miriam murmured against Moses's Soveraign authority being desirous to have shar'd with him in the Government we find that God punished their Sedition most severely and the two last escaped the Justice of Gods sentence only through the great intercession of Moses Who knows not that his Praesecti Jethroniani were only subordinate Judges appointed by his own order and for his own ease All which besides the common consent of learned men makes it clear that Moses held the Supreme Civil power wholly in himself call him King or Captain or what you please Next Theseus being own'd after his long Travels by his father Aegeus found Attica Tributary to Minos King of Candia and the Kingdom divided in it self into several little Burgs which set up for so many particular several Governments Theseus therefore being a discreet Prince endeavour'd to reduce them to their former obedience by peaceable means To that purpose
he perswades them to unite under one Government knowing that they would become thereby like a bundle of Arrows much the stronger And that the name of Tyrant might not affright them or the loss of their fond power and freedom discourage them he promised to abate so much of his own Soveraign right of Government as to consult with them and take their opinions in weighty affairs as he did in a common Hall or meeting place called Asty In this method things went prosperously on until one Mnesteus a factious and an ambitious Prince of the house of Ericthonius insinuating to the people that Theseus intended at last to enslave them he caused the Athenians to rebell Theseus retired to the Island Sâ—yros where he ended his days Mnesteus usurped the Kingdom but having held his ill gotten honour but a little while the sons of Theseus were remitted to the Throne of their father and Theseus was ever after adored amongst them as a God Now if there be any thing in this story which makes for our Author much good may it do him And lastly Romulus cannot sure be said to have instituted the Common-wealth of Rome any more than Charles the Fifth the Republick of Holland from whose successors those people rebelled Tacitus says most clearly That Rome was governed in the beginning by Kings and that their liberty was procured by L. Brutus Vrbem Romam à principio reges habuere Libertatem consulatum L. Brutus instituit And to shew the extent of his power he tells us Ann. lib. 3. that Romulus governed them according to his will Romulus ut libitum nobis imperaverat Plutarch calls the Government all along a Monarchy and after Romulus had instituted the Senate composed of the Patricii or chief Citizens whensoever he appointed them to meet they were obliged says he to observe his orders and commands without making any reply Constat initio civitatis Reges omnem potestatem habuisse says Pomponius That in the beginning of the City of Rome their Kings enjoyed intirely the whole Soveraign Authority But not to multiply Authorities to prove such vulgar truths I shall refer you to our Authors chief Divine I mean the Divine Machiavel as he stiles him more than once his words are full and very intelligible where he calls all three Princes and their Governments Kingdoms Verum ut ad eos qui non fortuna sed singulari virtute in Principes sunt evecti veniamus speaking all the while of Kings excellentiores dico fuisse Mosen Cyrum Romulum Theseum and again which puts all out of dispute At qui Cyrum reliquos qui Regna sibi pepererunt constituerunt c. And farther of Romulus quo Romano imperio potiretur de Principe ca. 6. And yet Plato Red. hath the confidence to affirm p. 31. that Romulus himself was no more than the first officer of the Common-wealth and chosen as the Doge of Venice is for life But if Plato's Divine were not an ignorant Ass then our Author is certainly a very impudent impostor Merch. Indeed Cousin I have great reason to believe that Plato's authorities and examples are as false as his principles absurd Besides supposing these great men had instituted popular Governments as I am fully convinced they did not what doth that concern us Is there no difference between the foundation of a new Government and the continuation of an old one Is there no distinction between the Roman State in its infancy which extended not for several years above fifteen Miles beyond their Walls and the Empire of great Britain and Ireland We know that many priviledges may be granted to the people at first for encouragement which afterwards may be inconsistent with the safety of the Government And is there no regard to be had to different circumstances but let us proceed In p. 62. we read That it is not dangerous to a City to have their people rich but to have such a power in the Governing part of the Empire as should make those who manage the affairs of the Commonwealth depend upon them which came afterwards to be that which ruined their libertie and which the Gracchi endeavoured to prevent when it was too late What means he by this Trav. Sir We will preserve his sence but giving other names to the Country People and Governours we shall see more plainly how it runs Let us say then that it is not dangerous for England to have their people rich even in land for he speaks immediately before of the Romans purchasing lands but to have such a share in the right of Government as should make the King who manages the affairs of the Kingdom depend upon them methinks it is very clear and it has ever been my judgment that the people might have what proportion their industry could procure them in the lands provided they did not pretend to any share in the Soveraign authority Mer. But this is directly contrary to his own beloved Aphorism Sure there must be somewhat more in it or else you will make him contradict himself Trav. Faith Sir I cannot help that Truth will come out sometimes in spite of the Devil Nor know I how to mend his sense except I should make him appear at the same time the most false partial and prejudiced scribler that ever wrote Mer. No matter Sir let us if we can preserve his sense which I believe he values himself most upon and let his honestly and honour take their chance Trav. Let us then see what follows Which says he came afterwards to be that which ruin'd their liberty and which the Gracchi endeavour'd to prevent Pray Cousin what is the antecedent to which in these two places Mer. Sure Sir that is most plain and according to my understanding it is that power in the governing part of the Empire c. Trav. You are right without doubt and I dare affirm that Q. Ennius himself could not make any other construction of it And if so then the whole sentence runs thus It was not dangerous to the Commonwealth of Rome to have their Subjects rich but it was dangerous that the Subject should have such a power in the governing part of the Empire as should make their Governours depend upon them which power of the people in the governing part of the Empire came afterwards to be that which ruin'd the peoples liberty And which power for all the world knows that and in this place is a conjunction copulative the Gracchi endeavour'd to prevent c. Now Sir the first part of this Sentence is most really sound doctrine and truth though diametrically opposite to Plato's grand proposition upon which undeniable Aphorism as he says he is to build most of his subsequent reasoning For indeed the people though never so rich are by no means to be trusted with a right of power but as I have said rather the contrary lest they should confound government or set it upon its head with its feet uppermost And
support of our English families so that there is no Cadet of a house ennobled who had not rather trail a pike than be an apprentice to the greatest Merchant in France All these Cadets our Author hath brought to Court and made them the chief props of the present French Government and greatness But he hath forgot That as the young French Nobility are very numerous so the vast number of Ecclesiastical Preferments Monasteries and Temporal offices depending eternally and at all times upon the Crown do entertain so many of these young Cadets that I am confident at least two thirds of the younger children are provided for after this manner without depending immediately upon the King's Purse As to the division of the Paternal estate amongst the Cadets except the principal house which he calls Vol de chapon our Buzzardly Author of a French Capon hath made a long-wing'd Hawk For what he calls most part of the Kingdom is particular to Paris only as with us in London and Kent formerly I suppose by reason of the Traders the Isle of France Limousin Xantonge and it may be some one Province more which possibly I have not remembred Thus you see Cousin how our Author augments or diminisheth changetth or disguiseth the truth of things as they make most convenient for his purpose and what little credit ought to be given to him We shall therefore take no more notice of France For his premises being demonstrably false his consequence whatsoever it be cannot hold good Mer. Sir I never thought all to be Gospel that hath been preached by our divine Plato But now we come to the Clergy let us see what respect he hath for the Spiritual Government since the Temporal doth so much offend him He tells us then very sincerely and frankly that he could wish there never had been any Clergy amongst us c. For you know the Northern people did not bring Christianity into these parts but found it here Trav. Most excellent You may perceive how happy we are like to be under the New Government of our infamous Author who rebelling against God and Man appointed to rule over us by Gods authority hath left nothing that I know of to set up for but Hâ—ll and the Devil But his argument is very strong for the Northern people did not bring Christianity into these parts Indeed it is great pity that we have not retain'd the Gothick or Saxon and Northern Paganism with the Gothick Polities But our learned Historian should have had at least so much respect for Antiquity as to have consider'd that the Ecclesiastical Government or Clergy was establish'd here according to his own confession even before the barbarous Northern people came here themselves and I thank God it still continues in a great measure amongst us even at this day and I hope is like to do so notwithstanding the Fanatical and pernicious doctrine of Plato and his hellish disciples And for the institution of our Ecclesiastical government and foundation of our Bishopricks and many of our Monasteries which our Author ascribes to most villanous causes 't is certain from the best Histories extant among us that King Lucius about the year 180. converted no less than thirty one of the Temples of the Heathenish Flamins and Arch-flamins into so many Christian Bishopricks whereof London York Caerlyon now S. Davids were made the Metropolitans of the Province But our Pagan Politician hating Christianity it self hates no less the establishment of the Christian Religion which he vilifies with notorious slanders and falsities And as for Monasteries not to give a particular account of all their several beginnings which were generally from the benevolence of most pious men and women and too many to be numbred we read that King Edgar the peaceable founded no less for his own share than forty seven Mer. Sir I concur with you both in your History and your hopes and shall ever add my most hearty prayers and wishes But our Author proceeds and in the next page had he had wit enough he would have turn'd the whole order into ridicule But knowing well that his strongest arguments and chiefest talent consists in opprobrious language the foul-mouth'd Fanatick is not asham'd to call our Christian Ancestors barbarous and those good men who at the expence of their blood and livâ—s plaâ—ted and propâ—gated the Christian Faith amongst â—s Vipers Trav. He is equally mistaken in both For not six pages farther that is in p. 106. he there is pleas'd to give our Ancestors the title of a plain-hearted and well-meaning people who were barbarous before in p. 100. But to call a man a Saint or a Devil is indifferent to him and promiseuously us'd according as either serves best for his purpose For the Ecclesiastical Vipers I do not think indeed that his wit has furnish'd him with a character answerable to the design of his malice For a Viper is known to be an Animal much more useful and valuable than our Author himself is like to be For although that God and Nature have given it a sting or teeth if you will to defend it self from violence and punish such as offend it yet we know that of its body are compos'd the most Soveraign Cordials Such are the excellent Works of our Learned Clergy which are found to be the most effectual Antidotes against the poysonous Blasphemies and Heresiâ—s of our Schismatical Dissenters Besides Naturalists assure us that the Viper hath such a care and tender affection for its young that upon any pressing danger she receives them again into her own body and charged with the load and safety of what her self gave life to suffers no injury to approach them until first it hath passed through her own body and she destroyed But our unnatural sneaking and malicious worm and good besides for nothing is barbarous enough to tear out the bowels of his indulgent mother the Holy Church I mean even whilst those very bowels are yearning to see the sad condition of her desperately abandoned Son and in the height of his wickedness opens her tender arms to receive this child of perdition into her Sacred bosome But the Prodigal will never return and so let us leave him whilst our Church of England wanting as little my defence as apprehending his reproaches will still remain firm upon the rock secure though sadly lamenting those miserable shipwracks which storms of our own rasing have procured Merch. And may the providence of Heaven preserve her until from militant she becomes triumphant In the mean time I perceive we are like to have more work about the civil Government For in p. 103 our Author tells us that the Soveraign power of England is in King Lords and Commons Trav. Right Sir when there is a Parliament in being and as it is taken for one intire body of which the King is Principium caput finis But there is no Soveraign power in the house of Commons neither is there a
it we will suppose that by his Goths and Northern people he means the Saxons for the Danes were but a very little while I think not thirty years masters of England and so what may be gather'd in favour of his popular Government from them if any thing could would not be much material We will imagine then that our Saxons were of the race of the Goths and that retaining their customs They introduc'd many of them amongst us such as might be the division of the lands into several Feuds which they called Thane lands and were like our Mannors or Lordships under certain Tenures or Services Many also they might have found amongst the Britains and retain'd them under their own Government for it is certain the Britains held lands by several Tenures but whether they were originally of their own Institution or the remains of the Roman Clientela's and Praeda militaria I will not determine I have already told you that the Goths upon their first Transplantation and after they were setled in their new possessions were govern'd by Kings whose power encreas'd despotically according as the people grew secure and civiliz'd and so they continued above a thousand years nor do I find that the people in all this time pretended to any other share in the government than to meet in General Councils when the affairs of the Kingdom oblig'd their King to assemble them And truly I ever thought such National Assemblies when well regulated very conducible to the security and happy subsistence of all Governments and such our antient Monarchs have thought fit to make use of and have transmitted the custom of convoking such Councils which we not call Parliaments even to our days But that these Counsellors should have any right of command is so contrary to the design of their Institution that as this must needs be dangerous to the Government it self so they make their good Institution useless by rendring themselves suspected to the King who alone hath the right to assemble them For what wise Magistrate would by his own authority raise a power which he apprehends might shock his own The sad effects of this we have seen of late days among our selves when our Commoners in Parliament who were meer Counsellors and no more or Representatives with a power to consent have arrogated to themselves a Soveraign authority and under that pretence have forceably and violently subverted our antient Government and destroyed our Lawful and Natural Governour himself and have besides of late spent so much time in unnecessary new disputes concerning their own rights and prerogatives which really do not much concern us that they have totally neglected those main ends of their meeting which are the Security of our Government under our Lawful Soveraign and the peace and happiness of his people and which are the only blessings and benefits which we desire of them Nay they have been so far from procuring those advantages for us to which purposes they have been solely entrusted by us that their disputes concerning the Succession to the Crown of England which is indisputable The Right which the King hath to borrow money upon good Security which was never taken from the poorest of his Subjects shewing mercy upon unfortunate offenders which is his Nature as well as undoubted Prerogative and several such other irregular Heats and Animosities are the most apparent causes of our present horrid Conspiracies troubles and distractions But to return to our Goths I have told you that after their division those that spread toward the West and Southern parts of Europe were in a continual state of war and so their King was but their General whom sometimes they did depose or continue according as they found him capable of that great employment upon whose conduct in their dangerous circumstances their Lives and Fortunes did chiefly depend and such in some respects was the case of our Saxons under their Heptarchy here in England All the world knows that they invaded us without any pretence of title being only call'd in as friends by Vortigern the British King to assist him against the Scots and by degrees encroaching upon the Britains they erected several Kingdoms until at length the Native Inhabitants were totally over-power'd But this made very little alteration in their affairs for wanting a common enemy they were always quarrelling amongst themselves usurping upon one another untill their several little Governments were united under one Soveraign Monarch who was Egbert as some write or Alfred the eighteenth King of the West-Saxons ` T is true that during Vide Chron. Sir R Baker their Heptarchy they chose one amongst themselves who was the Supreme head of the rest and was call'd King of Engle-lond And it is recorded that eight of the Mercian Kings in a continued succession kept the Imperial Crown of the Heptarchy But it was rather a titular honour than a Soveraign right of Government and I do not find but that every particular King in his own Province did generally exercise those two great Regalities of making Laws and levying Taxes by vertue of his own authority But whether they did or not it is little to our purpose since we have no reason to follow the examples of those petty Kings and Vsurpers especially when we consider their circumstances But if we must lay aside the form of Government since the Norman conquest from whence our Aera begins and concerning which our Histories are more certain and Authentick let us then rather consult the Administration of those West-Saxons who solely and Soveraignly enjoy'd the Crown of England And not to be too tedious we will six upon King Edward the Confessor the last except Harold of our English Saxon Kings I shall not trouble you with much neither concerning him because you may find at large whatever can be said of him in our own English Histories I shall only therefore make this remark that we have had no Kings since William the Conqueror nor was he himself more absolute than King Edward the Confessor was I remember nothing of his impositions but rather believe there might have been none during his reign because I find that he remitted to his people the yearly Tribute of 40000 l. that had been gathered by the name of Danegelt But for Laws which now are made by Act of Parliament I observe no such Parliamentary way of proceedings in his days It is true that he called a Councel or Wittena Gemote which some call very improperly a Parliament especially as it is now understood in the second year of his Reign but the Commoners were so far from having any right of power that their presence was not really necessary Minores laici non sammoneri debent sed si eorum praesentia necessaria fuerit c. Which shews plainly that they might be omitted Nay although they were summoned and did not appear nevertheless the Parliament was taken to be full without them Which is a sufficient proof that the Commons