〈◊〉 〈◊〉 〈◊〉 〈◊〉 and according to the Use of the Country for that the Barbarous Nations were more prone to Servitude than the Grecians and the Asiaticks endured with less trouble than the Europeans that Command which he calls Absolute as of Masters over Servants This he calls in reality 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tyrannical Government but Kingly also in that it is firm legitimate and according to the Use of the Country For that he (s) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. lib. 3. cap. 10. Hâ—insii saith Citizens or Subjects defend Kings but Guards of Strangers are employed by Tyrants Kings commanding lawfully over the willing and Tyrants over the unwilling and without Rules of Law The third kind he calls that which among the Grecians was styled the Aesmynetian And this he (t) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Optiva tyrannis i. suffragio 〈◊〉 saith was an Elective Tyranny either perpetual for Life or for a time And this because it was a Command over the Willing such Persons being elected he styles a Kingly Government and instanceth in the Mitylenians who chose Pittacus to be their King against Alcaeus and Antimenides who were banished Such (u) Halicarnassâ—us lib. 5. Dionysius makes the Roman Dictators Such the Cumaeni by an honester Name styled their Tyrants and such were the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Athens Such a Kingdom Timolio held at Syracuse which he as well as Pittacus spontaneously resigned and did not convert into a Tyranny as Dionysius did or as Sylla and Julius Caesar did at Rome and Aratus at Sicyon according to the (w) Lib. 3. de Officiis Orator The last kind he calls (x) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 3. Polit. c. 10. Heinsii Heroic because it was used in the Heroick Ages and had three Characteristicks of true Kingly Government That it was a Power exercised over the Willing Fatherly and Legitimate For he saith the first Kings either for the Benefits they conferred on the Multitude by Invention of Arts Conduct in War or leading them out in Colonies or supplying them with Lands governing those who lonies or supplying them with Lands governing those who freely yielded to obey were in that esteem and had that Power and Authority which was requisite These had command in War and in things sacred where there were no Priests and did determine Causes and all these things some Kings administred without Oath others were sworn to the observation of them by the lifting up the Scepter and (y) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. concludes that in ancient times Kings had Rule and were Lords over all affairs of the City and those at home and abroad From whence and from what the Philosopher delivered in the beginning of this work and elsewhere (z) Commâ—nt in lib. 1. Polit. initic Giphanius with Thucydides concludes That these Hereditary Kings had such a Power as was restrained by certain Laws and they did not Reign as they listed and at their Pleasure but by certain Prescripts of Laws such we may presume as they ordained This was that Monarchy which was known in the first Ages of the World All People in all Ages and all places having by constant Experience found it most conducive to their Happiness and well-being For had there been any other form under which Mankind could have rationally promised themselves more or more certain Happiness than under this all humane care would long e're this have hit on it and there would have been an universal Regifugium But supposing we should quit these Topicks of Monarchy Other commendable Qualifications of Monarchy being according to the Law of Nature and that it is venerably for its Antiquity there are other Commodities wherein it excells other Forms As first that it is freest from the Canker of Faction which corrodes and consumes all other Governments Hence the most judicious (a) Tacitus 1. Annal. Historian tells us what Asinius Gallus replied to Tiberius That the Body of the Empire is one and so is to be governed by one Soul and in (b) Arduum sape eodem loci potentiam concordiam esse Idem another place tells us how difficult it is to find Concord among Equals in Power especially where not only as at Sparta there were two races of Kings governing at once but as many of them as there were Senators or Magistrates which by Bands and Confederacies are restlessly making Parties against each other whereby the Administration rowls from one Faction to another whereas Kingly Government is uniform and equal in it self and when by Factions Commonweals have been brought almost to utter ruin a (c) Omnem potestatem ad unum conferri pacis interfuit Tacitus 1. Histor single Persons Conduct hath restored all As (d) Perculsum undique ordinavit Imperii corpus quod ita haud dubie nunquam coire consentire potuisset nisi unius Praesidis nutu quasi anima mente regeretur Lib. 4. c. 3. Florus writes of Augustus Caesar that he ordered the shaken and distracted Body of the Empire which without doubt could never have been united in one Form again unless by the Direction of one President as a Soul and Spirit Even so we experienced in his late Majestie 's admirable yea miraculous Retauration which effected as great Blessings to these Islands as that of Augustus to the Roman Empire Besides it is a strong Argument for the Preference of Monarchical Government to all sorts of Republics that in all popular States we find all great affairs managed by some one leading Man who by the dexterity of his Address Power of his Eloquence or the Strength of his Arguments induceth so many as are necessary to join with him to effect them unless when by contrary renitency they are dissolved into Faction So when the Senate of Rome was in a most critical Debate An delenda esset Carthago Cato shewing them the Grapes which a few Years before grew there illustrated from thence the dangerous vicinity of so potent and opulent a State as had contended with them for the universal Empire and wanted only the skill of an uti Victoria to have effected it By which he cooled the warm Debates of the Senate and brought them to an affirmative Determination So Cicero often prevailed so Demosthenes and so the Daemagogues in popular States who are (e) Nalson's Common Interest pro tempore Monarchs the very head of every Faction in a Republic being a King in Disguise or a Tyrant in the dress of a Private Man The single Government being freed from the prime Cause of all intestine decay viz. Faction It necessarily follows that it must be of longer Duration Monarchy more durable as being built upon stronger and firmer Foundations than any other Model Ambitions Aemulations Hostile Parities popular Insolencies Senatorian Tyranny tumultuous Elections and infinite causes of Discords are the inseparable Associates and close Conomitants of all other Forms But in Monarchy hereditary
great Oeconomy the whole System is kept in regular and orderly Motion is firmly established and enabled to exert all those beneficial Powers that are admired in a well composed Body Politic. The Body without the Head being but a Trunk and inanimate Carcase and the Head without the Body as a curious piece of Clock-work without Motion It must be owned to be a noble Enterprise to make researches into the constituent Parts Harmony and Composure of Government which is that benign Supreme Power which influenceth vast Societies of men and combines all tempers constitutions and interests in one noble Machine for the benefit of the whole and every part and makes every Dominion a little World wherein Beauty Order and the Blessings of this Life are inspired into all the Members how minute soever with that calmness when no disturbances are given it that we scarce hear the motions of the (c) Sic orbem Reipubliâ—e esse conversum ut vix sonitum audire vix impressam orbitam viâ—ere possumus Cic. â—â— Attic. Ep. 36. Machine or see the Springs that move it But as in the Body Natural the (*) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philosopher observes That by the turbulence of depraved Appetites by heady Rashness and seducing Passions in the vitious and ill-affected the Body seems to command the Soul and Reason is dethron'd So in the Commonweal when from mistakes and misguided Zeal Discontent Ambition and other vitious Inclinations People are infected whereby the Malignant Fever of Sedition or the Pest of Rebellion rageth in a State the Sovereign is for a time kept from the Exercise of his Royal Power The Scheme of the whole work and sometimes dethron'd But to leave this pleasing Allegory which I could pursue in comparing all the Members of the Body and Faculties of the Soul with the constituent Parts and Offices of Government I shall instead of that draw a short Scheme of my design in this Work which I had never undertaken if it had not been that I was invited to it by a Great and Wise Minister of State My Lord President whose glorious Service to his Prince and Country will be celebrated in remotest Ages and having liv'd to make some Observations on the Causes and Managery of the Rebellion against King Charles the Martyr and the tendency to another Civil War of later date and revolving with my self that though many wise and judicious Persons both know and have learnedly writ of the secret Springs and Movements of them infinitely beyond what I can pretend to and that both our own Country-men have in Parts writ of all the branches of the English Government and many Foreigners of Politics in general or such as were fitted for the Governments under which they lived yet having met with none that had so particularly writ of the Excellency of the English Monarchy as to illustrate it so as it might be useful to the preventing Seditions and Rebellions and to clear the Commodiousness and Necessity of submitting to it and placing a great Portion of our happiness here in living under it I conceived it might be a profitable Essay to excite those who have not leisure and opportunity to peruse great and numerous Volumes to extract for their use such things as had occurred in my poor Reading to induce them to prize it as they ought and to furnish them with such Arguments as my low Reasoning was able whereby to answer the Objections of our late Republicans against it and discover their Methods of Proceedings towards the overthrowing it and to caution all the well-meaning Subjects against all the Arts of Factious and Seditious People and Principles And though I cannot promise my self the success I wish yet I hope I may excite some more knowing learned and judicious to furnish our little World with a more Copious and Elaborate Piece which may supply my defects and more abundantly satisfy the ingenious and curious Reader to whom I shall now draw the Curtain and expose the Model of the designed Work First Therefore (d) cap. 2. as a Foundation I shall treat of the necessity of Government in General In which Chapter I shall discourse of its Original in Families c. (e) cap. 3. Then that the People are not the original of Government Then (f) cap. 4. of the benefit of Government in instituting Laws In (g) cap. 5. securing Property and other particulars From this I proceed to treat of the (h) cap. 6. inconvenience of Democracy and of the several (i) cap. 7. Forms of Common Wealth Governments before and in Aristotle's time After which (k) cap. 8. of the inconvenience of all kinds of Republick Governments Then of the preference (l) cap. 9. of Monarchical Government before all others In all which Chapters I touch upon the Principles and Practices of our late Republicans which having dispatched I give the Character of a good (m) cap. 10. King in general Then that the care (n) cap. 11. of Religion is incumbent upon Kings Then of the (o) cap. 12. Clemency Prudence (p) cap. 13. Courage (q) cap. 14. and Military Conduct of Kings of the (r) cap. 15. burden and care of Kings (s) cap. 16. The Excellency of Hereditary Monarchy Then I proceed to the King's Authority and (t) cap. 17. Sovereignty in general and more (u) cap. 18. particularly according to our Laws by the Enumeration of many particulars (w) cap. 19. Then as a Corollary that the Sovereign is not accountable to any upon Earth That the King is not to be (x) cap. 20. Resisted or Rebelled against In what cases he may (y) cap. 21. dispence with the Execution of the Laws of his Country Then I treat of the King's Authority (z) cap. 22. in making Laws and of the Laws of the Romans in Britain and of the British and German Polity Next of the Saxons (a) cap. 23. great Councils of whom they consisted and how the Laws were established by the respective Kings Then of the great (b) cap. 24. Councils from the Conquest to the beginning of Hen. 3. Then of the great Councils (c) cap. 25. and Parliaments during the Reign of Hen. 3. to the end of Edw. 3. After which of the Parliaments (d) cap. 26. of England during the Reign of Edw. 2. to the 22. of King Charles the 2d Then of Modern (e) cap. 27. rightly constituted Parliaments and of the Factious (f) cap. 28. Members of Parliaments wherein I discourse at large of the Encroachments of some Parliaments especially of some Houses of Commons Then from the great Council I pass to the (g) cap. 29. Right Honourable the Privy Council their Qualifications to be at the King 's sole appointing Of Ministers (h) cap. 30. of State c. Then of the King's Sovereignty in appointing (i) cap. 31. Magistrates (k) cap. 32.
diversorum negotiorum causae in medium duci ex more coeperunt Id. p. 37. num 40. Ann. 1096. vel 1097. Therefore the Festival-days being passed the causes of divers affairs according to custom began to be transacted saith my Author among which that that of Anselm's was one But to draw to a Conclusion of this King's Reign my Author clears who were the Members of the Great Councils and that they were convened at the King's Pleasure in the relating that in the following (k) Mense Augusto cum de statu Regni acturus Rex Episcopos Abbates quosque Regni Proceres in unum praecepti sui sanctione egisset c. Id. p. 38. num 10. Month of August when the King being to transact things concerning the State of the Kingdom by his Summons had convened the Bishops Abbats and all the Noblemen of his Kingdom The affairs for which they were assembled being dispatched and every one prepared to return home Anselm moves again his Petition and in October when the Convention was dissolved he applied himself again to the King at Winchester Here we may observe that it was the King The King solely summons the Great Councils and dismisseth them who being to transact things about the State of the Kingdom by the Authority of his Precept or Summons called together the Members of the Great Council who are expresly mentioned to be the Bishops Abbats and all the Noblemen of the Kingdom Since therefore we find no other kinds of Great Councils in any Authors that write of this King we may conclude the Commons were no ways represented in any of them Most Authors mention this King with no good Character One old Writer saith Omnis jam legum silâ—it Justitia causisque sub justitio positis sola in Principibus imperabat pecunia Florent Wigorn. That all Justice of Laws was in his time hushed in silence and Causes being put in a Vacation without hearing Money alone bore sway among the great ones Polydore Virgil will have the right or duty of First-fruits called Annats which our Kings claimed for vacant Abbies and Bishopricks to have had their Original from King William Rufus However that be it is certainly true that at his Death the Bishopricks of Canterbury Winchester and Salisbury and twelve Monasteries besides being without Prelates and Abbats payed in their Revenues to the Exchequer We may judge likewise of his burthensome Exactions Matt. Paris fol. 74. Edit penult by what we find in his Brother King Henry the First 's Charter Wherein he saith because the Kingdom was oppressed with unjust Exactions he makes the Holy Church free and all evil Customs wherewith the Kingdom of England was unjustly oppressed he doth henceforth take away and they are all in a manner mitigations of the Severity of the feudal Tenor as any one may see in Matthew Paris Mr. Selden and Dr. Brady and is plain by the very first concerning the Laity That if any one of my Barons Counts or others that hold of me shall dye his Heirs shall not redeem his Lands as he was wont to do in the time of my Father c. And in another Praecipio ut homines mei similiter se contineant erga silios silias uxores hominum suorum That according to the relaxation he had made to his Homagers they should regulate themselves towards the Sons Daughters and Wives of their Homagers Of the Great Councils in King Henry the First 's time COncerning the Great Councils in King Henry the First 's time as also till Edward the First 's time I must refer the inquisitive Reader to Dr. Brady's answer to Mr. Petyt in the respective Kings Reigns and to his Appendix in which he hath amassed out of Eadmerus Simeon Dunelmensis Florentius Wigornensis Hoveden Gervasius Dorobernensis Matt. Paris Malmsbury and other Authentick Writers the Emphatical Expressions by which the constituent Parts of the Great Councils are fully proved to be only the Bishops Abbats and Priors for the Clergy or the great Nobility or prime Tenents in Capite such as the King pleased to summon under the names of Magnates Comites Proceres Principes Optimates Barones or Sapientiores Regni expresly used for Barones Where the Populus is used by way of Antithesis as contradistinct from the Clerus and where Regni Communitas or Ingenuitas is used the same Doctor Brady by pregnant Proof puts it beyond dispute that none of the Commons as now we understand them could be meant as Representatives So that though I had collected a considerable number of such Proofs e're I saw the Learned Doctor 's Book I shall now wave them all and only add in every King's Reign some few that he hath omitted or wherein something remarkable relating to the King's Soveraignty or the manner of constituting Laws is found by him noted or as I have met with them in my Reading In the third of Henry the First in the Feast of St. (a) Omnes Principâ—s Regni sui Ecclesiastici Secularis Ordinis Flor. Wigorn. Anno 1102. 3 H. 1. Michael saith the Monk of Worcester the King was at London and with him all the Princes of his Kingdom of the Ecclesiastick and Secular Order and of the same Council Malmsbury saith The King bidding (b) Ipso Rege annuente communi consensu Episcoporum Abbatum Principum totius Regni adunatum est Conciltum De Gest Pontif. Anno 1102. or willing with the common Consent of the Bishops and Abbats and Princes of the whole Kingdom the Council was united and this being mostly about Ecclesiastick affairs it is added that in this Council the Optimates Regni at the Petition of Anselm were present and gives the reason For that whatever might be decreed by Authority of the Council might be maintained firmly by the mutual care of both orders Whereby we may note the Obligation upon Subjects of both Orders to observe the Laws once enacted by the King and Council Anno 1107. 7 H. 1. Matth. Paris saith (c) Factus est conventus Episcoporum Abbatum pariter Magnatum ad Ann. c. there was a convention of the Bishops and Abbats as likewise of the Magnates i. e. Noblemen at London in the King's Palace Archbishop Anselm being President To which the King assented and speaking of what was established he saith Rex statuit To him Hoveden agrees only what the one calls Magnates the other calls Proceres The Manuscript of Croyland (d) Tum Episcoporum Abbatum totius Cleri Angliae by which must be understood the great dignified Clergy Sub Wifrido Abbate p. 104. saith The same Year the King giving manifold thanks to God for the Victory he had given him over his Brother Robert and other Adversaries appointed a famous Council at London as well of the Bishops and Abbats of the whole Clergy of England as of the Earls Barons Optimatum Procerum totius Regni In this Council
the King (e) Remisit libere concessit integre promisiâ— remitted freely granted and fully promised the Investiture by Ring and Staff and freely left the Election of the Prelates to their respective Churches By which we may not only note who made up this Great Council but that the enacting part was solely the King's Grant The Charter (f) Lib. rub Scaccar Twysden LL. Id. 1. p. 175. of Henry the First was made before the Eighteenth of his Reign in which he saith because his Kingdom was oppressed with unjust Exactions in (g) Ego respectu Dei amore quem ergâ— vos habeo Matt. Paris fol. 292. num 10. See the Explanation of this Charter Brady's Argum. fol. 265. and Selden's Epinomis respect of God and the Love which he hath to his Subjects he makes the Holy Church free and so proceeds in the rest of his Laws by way of single Grant and Prohibition Anno 1127. 28 H. 1. (h) Rex auditis Concilii gestis consensum praebuit Authoritate Regia potestate concessit consirmavit statuta Concilii Continuat Florent Wigorn p. 503. W. Archbishop of Canterbury gathered a General Council of all the Bishops Abbats and Religious Persons and at the close of the Acts it is said That the King being at London having heard the Acts of the Council gave his consent to them and by his Kingly Authority and Power granted and confirmed the Statutes of the Council By which we may see that even the Constitutions of Ecclesiastical Councils required the Sovereign's Confirmation Of the Great Councils in King Stephen's time THat he was an Usurper is notoriously known His first great Council is only said by Malmsbury to be gathered at London (a) Coacto magno Episcoporum Procerum Abbatum concilio Fol. 92. b. num 4. consisting of Bishops Nobles and Abbats in which many Ecclesiastical and Secular Matters were ordained Matthew Paris saith That he having gathered at London the Magnates Regni he promised the bettering of the Laws according to the will (b) Juxta voluntatem arbiâ—rium singulorum Fol. 62. num 40. and pleasure of all The reason of which compliance of this King was for that he was set up and Crowned by a Faction there being reckoned by Authors none of Eminence present at his Coronation but the Archbishop of Canterbury the Bishop of Winchester and Roger of Salisbury his Brother no Abbats and but few of the Nobility they having all sworn (c) Malmsb. Hist Novel fol. 101. b. num 16. Fealty to Maud the Empress in Henry the first 's life time though he in the following Charter saith That he was elected King Assensu Cleri Populi But to proceed King Stephen primo Regni at Oxford Anno 1136. grants the Liberties to his Subjects by way of Charter (d) Ego Stephanus Dei gratia assensu Cleri c. omnes exactiones meschenningas injustitias sive per Vicecomites vel per alios quoslibet male inductas funditus extirpo bonas leges antiquas justas consuetudines c. observabo observari praecipio constituo Malmsb. Hist Novel p. 101. b. num 20. that the Church be free and he confirms due Reverence to it and so proceeds to recite many particular Priviledges to it and as to his Lay-Subjects he doth utterly root out all exactions misdeeds and injustices evilly brought in by Sheriffs or any others That he will observe himself and appoints and constitutes to be observed the good Laws and antient and just Customs in Hundreds Pleas or other matters This was by Charter and my Author saith he disdains to set to the names of the Witnesses which were many because he so lightly or foolishly changed all But Richard Prior of Hexham closes the Charter thus (e) Ric. Prior Hâ—gustald col 314. num 6. Anno 1136. 1 Regni The King grants his Charter with a Salvo Haec omnia concedo confirmo salva Regia justa Dignitate mea By which Conclusion it is apparent the King reserved to himself a Latitude to use his Prerogative and some are of opinion Kings cannot by any Concessions divest themselves of that but I want Mittans to handle such noli me tangere's of the Crown What I have further to add concerning this Charter is That the Prior of Hexham makes it granted after the Popes Confirmation (f) Id. 313. num 30. Note That all Authors think strange thâ— Pope should â—â—â—firm and so countenance King Stephen an Usurper of him in which if ever that See consulted its private Interest it was then and in my poor Opinion nothing hath more discovered the Personal failures of Popes than such countenancing of Usurpers my Author I say makes it to be passed at his Parliament at Oxford where he saith he celebrated a general Council Episcopos Proceres sui Regni regali edicto in unum convenire praecepit The Witnesses this Author sets down makes it (g) Id. 315. num 10. appear there were none besides the Clergy and Barons present for after fourteen Bishops named the rest of the Witnesses are Roger the Chancellor Henry Nephew of the King Robert Earl of Gloucester William Earl Warren Ralph Earl of Chester Roger Earl of Warwick Rob. de Vere Miles de Gloucester Rob. de Olli Briano Filio Comitis Constab Robert de Martel Hugh Bigot Humfrid de Bohun Simon de Bellocampo Dapif Rob. de Ferrers William Petrus Simon de Silbanâ—et William de Albania Hugh de Sancto Claro Ilbert de Lecsio All which were very great Barons the last of them being Heir to 150 Knights Fees at least his Grandfather had so many So that we cannot judge the Commons by any Representation were present The other great Councils of this King are to be found in the Authors (h) Flor Wigorn. Anno 1138. fol. 668. cited in the Margent That at Northampton had Turstin Archbishop of York president and the rest enumerated are Episcopi Abbates Comites Barones Nobiles quique per Angliam That of the sixteenth (i) Hen. Hunt Anno 1151. fol. 226. mentions only the Archbishop of Canterbury Eustachius the King's Son Angliae Proceres in the (k) Chron. Norm Anno 1152. Agreement 17 Regni the Conventus was Episcoporum Comitum aliorum Optimatum and the last I find Anno 1154. ultimo Regni e is cum Episcopis Optimatibus (l) Jo. Brompton col 1000. num 50. never any Commons represented being to be met with Of the Great Council in King Henry the Second's Reign THE first considerable Act of State that I find Henry the Second did was Anno 1154. 1 Reg. That he gathered his General Council to London in Lent (a) Spelman Concil Tom. 2. fol. 54. Congregavit Concilium generale renovavit pacem leges consuetudines per Angliam ab antiquis temporibus constitutas he renewed Peace and the Laws and Customs of antient
called 50 Regni By the Statute of Marleburgh 52 H. 3. it is evident All the Barons not summoned but the more discreet and so of the lesser Barons That even all the great Barons were not summoned but only the more Discreet and such as the King thought fit to call and the like is observed of the lesser Barons or Tenents in Capite For if it had been by General Summons that Restriction of the more Discreet had been useless so that it appears that what (z) Britannia fol. 122. Quibus ipâ—â— Rex dignaâ—us est brevia summonitionis dirigere venirent c. non alii Mr. Camden's ancient Author observes is true That after the horrid Confusions and Troubles of the Barons Wars those Earls and Barons whom the King thought worthy to summon by his Writ to meet came to his Parliaments and no other The Preamble to this Statute of (a) Stat. Edit 1576. p. 15. Marlebridge runs thus in Tottel Providente ipso Domino Rege ad Regni sui Angliae meliorationem exhibitionem Justitiae prout Regalis Officii poscit Vtilitas pleniorem convocatis discretioribus ejusdem Regni tam majoribus quam minoribus provisum est statutum ac concordatum ordinatum According to Pulton the (b) Fol. 14. Preamble is thus That whereas the Realm of England of late had been disquieted with manifold Troubles and Dissentions for Reformation whereof Statutes and Laws be right necessary The Use and Benefit of Laws whereby the Peace and Tranquillity of the People must be observed wherein the King intending to devise convenient Remedy hath made these Acts Ordinances and Statutes underwritten which he willeth to be observed for ever firmly and inviolably of all his Subjects as well high as low Thus we see in the whole Reign of H. 3. excepting in that Parliament of Montfort's Faction the Bishops and dignified Clergy Earls Barons and Tenents in Capite were only summoned as Members of the great Councils and there were no Representatives of the Commons and the Kings Authority in summoning dissolving and making Laws is most manifest Of Parliaments in King Edward the First 's Reign I Shall now glean out of Tottel and Pulton's Editions of the Statutes the most material Preambles which give light to the constituent Parts of Parliaments to the Legislative Power in the King with the Concurrence of the two Houses and how that in the Series of the Kings Reign hath been expressed and such other matters relating to the Parliament as may shew the gradual Progress of their Constitution to the usage of this present Age leaving the Reader to make his own remarques from the matters of Fact and the expressions used by my Authors and explaining some The Preface to the Statute of (a) Ceux sont les establishments le Roy Ed. fitz Roy Hen. fait a Westminst c. par son Councel par Passentments des Archevesques Evesques Abbes Priores Countes Barons tout le Commonalty de la terre illonques summons Tottel Stat. fol. 24. Pulton p. 19. Westminster begins thus These are the Establishments of King Edward Son to King Henry made at Westminster at his first General Parliament after his Coronation c. by his Council and by the Assent of the Archbishops Bishops Abbats Priors Earls Barons and the whole Commonalty of the Land thither summoned This Parliament was prorogued before it met and the Writ of Prorogation mentions only Quia generale Parliamentum nostrum quod cum Praelatis Magnatibus Regni nostri proposuimus habere c. Therefore having prorogued it mandamus c. Intersitis ad tractandum ordinandum una cum Praelatis Magnatibus Regni nostri (b) Brady against Petyâ— fol. 147. c. So that all the Members are included in the two general Terms of Praelati Magnates which great Men very frequently comprehended as well the Barones Majores as Minores the Earls Barons and greater Tenents in Capite and the less which then were called the Community of the Kingdom The rest of the Preamble of the Statutes made at (c) Pulton's Stat. An. 1275.3 E. 1. f. 19. Westminster runs thus Because our Lord the King hath great Zeal and desire to redress the State of the Realm c. the King hath ordained and established these Acts under written The Preface to the Statute de Bigamis 4 Oct. 4 Ed. 1. is thus (d) In prasentia venerabilium purum quâ—ruâ—dam Episcoporum Angliae aliorum de Concilio Râ—gis â—â—citatae sâ—â—erunt constitutiones â—ub â—riptae postmodâ—â—m coram Domino Rege Concilio sâ—o auditae publicatae Quia omnes de consiliâ—â—am â—usâ—â—â—â—arii quam alii concordaverunt c. Tottel p. 39. b. expressed In the Presence of certain Reverend Fathers Bishops of England and others of the Kings Council the constitutions under written were recited and after heard and published before the King and his Council for as much as all the King's Council as well Justices as others did agree that they should be put in writing for a perpetual memory and that they should be stedfastly observed In the First Chapter it is said Concordatum est per Justiciarios alios sapientes de Concilio Regni Domini Regis It was agreed by the Justices and other wise or sage Men of the Council of the Kingdom of the Lord the King Perhaps saith the judicious Doctor Brady the best understanding of the preamble and first Chapter may be that the Laws and Constitutions were prepared by the King and his (e) Answer to Pâ—tyt fol. 148. Council with the Assistance of the Justices and Lawyers that were of it or called to assist in it and declared afterwards in Parliament (f) Praeâ—iâ—â—ae autem constitutiones eâ—iâ—â— suerunt c. exâ—une lâ—â—um habeanâ— Tottel fol. 40. for it is said in the close of the Statute The aforesaid Constitutions were published at Westminster in the Parliament after the Feast of St. Michael the 4th of the Kings Reign and thence forward to take place The Preamble to the Statute of Gloucester Anno 1278. 6 E. 1. is thus (g) Pour amendment de son Roialm pur plus pleinir exhibition de droit si comâ—â—â—â— prâ—sit dâ— Office demanâ— appâ—lles le plues discretes de son Roialme auâ—â— bien des Granders comâ— des Meindres establie est concordantment ordine Tottel fol. 50. The King for the amendment of the Realm and for the more full Exhibition of Justice according as the benefit of his Office requires having called the most discreet of his Realm as well the greater as the smaller It is established and unanimously ordained as Pulton adds after by the King and his Justices certain Expositions were made The Statute of Mortmain is thus prefaced Nos pro (h) Tottel p. 48. Vtilitate Regni volentes providere Remedium de Concilio Praelatorum Comitum Baronum aliorum fidelium
reason because it passed under his Broad Seal Likewise when the Constitution of Parliament was altered 49 H. 3. whereby in place of the Tenents in Capite which were numerous two Knights were chosen probably by the rest of the Tenents in Capite for the Shires and two Citizens and two Burgesses for Burroughs to represent all those that held in Capite and it is likely all other their Subfeudatary Tenents yet the number was not constantly observed there being sometimes Knights and no Citizens or Burgesses sometimes one Knight one Citizen and one Burgess other times two or three Knights left as it seems to the Sheriffs or the Chusers Election till after it was fixed as it now is for two Knights two Citizens and two Burgesses unless in some places of Wales where to this Day some two or three Burroughs chuse but one or two Burgesses Likewise it is worth the observing how gradually the Advice and Assent hath pass'd from the Advice of the Bishops and Nobles to the Assent likewise and sometimes at their request only the King ordains and then from the Potition of the Commons to their joyning in Advice and after to their Assent and many other material progressive alterations which in this recapitulation I cannot insist upon till it hath come to that constitution so much to be valued by all wise Englishmen as it is the product of the generous condescensions of Gracious Kings and the wise contrivance of our considerate Ancestors Therefore I shall now pass to consider our present Constitution of Parliaments CHAP. XXVIII Of the modern rightly constituted Parliaments SECT 1. Of the General Vse of Parliaments I Have before given an account how the Persian Laws were made by the (a) Daniel cap. 6. v. 7 8. King his Princes Governours Nobles and Captains as in a great Council of several Orders with the Sovereign but we have an older example in Scripture Great Councils in Scripture that seems to be the Pattern of all great Councils such as we call Parliaments under a Monarchy For it is said (b) Legem praecepit nobis Moyses haereditatem multitudinis Jacob. Erit apud rectissâ—â—um Rex congregatis Principibus populi cum Tribubus Israel Deâ—â— cap. 33. v. 4 5. Moses commanded us a Law even the Inheritance of the Congregation of Jacob and he was King in Jesurun when the Heads of the People and Tribes of Israel were gathered together Here is the King Moses commanding a Law and the Heads of the People the Princes or House of Lords and the Tribes that is some to represent the chief of the Tribes like our House of Commons The Roman Senate under the Emperors resembled our ancient Great Councils that consisted of such as the King convened and of the Patrician and Equestrian Order The Comitia bore no resemblance with our Commons and the Amphictyonican (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Assemblies the Achaian Booâ—â—an and Pan Aetolian were Assemblies of Deputies as the States General of Holland Such Assemblies in all sorts of Governments are necessary Necessary in all Governments for be the Empire never so vast and the Sovereigns Power never so great and uncontroulable yet without Consultation had with the Princes and wise Men for the constituting Laws and modelling the frame and methods of his Government it would soon without such (d) Vis consilii expers mole ruit sua Horat. lib. 3. Od. 4. Buttresses and Undersetters sinking in its Foundation by its own weight with an hideous rush be crushed into an heap of Rubbish In Democracy Great Councils are needful that thereby the (e) Plato de LL. In Democracy Male cuncta ministrat impetus Statius Precipitancy and fury of the Common-People by their gravity may be attempered the common sort being apt to do every thing with a willful Violence which never succeeds well when not directed to a right end If their publick affairs were not committed to a select number of Trustees nothing would be brought to any Issue since none can be heard where all speak nor any good Product be from a jumble of those Atoms Aristocracy it self consists in a select number of the wisest and ablest to govern In Aristocracy who in publick Consultations have no private ends Yet in the great Councils of neither of these forms of Government is there to be found that stayedness orderliness or resolution for the public good as in Monarchy Why such Assemblies are not only convenient In Monarchy but necessary under Monarchy there are many weighty Reasons (f) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. Cyropaed 8. Satisfactory to the Subject Xenophon observes that a single Person sees or hears but little and Princes must have many Eyes and Ears which in a special manner these Great Councils are from all parts of the Dominions bringing notice of what is amiss and wants redress as well as what is orderly and wants encouragement Besides Princes thereby have the opportunity to give their Subjects satisfaction in their Administration preventing the surmises and jealousies of the Nobility Gentry and common People that he sleights them in not calling them sometimes to consult about affairs of Moment Furthermore the Prince by such congress The Prince thereby knows the Worthy Subjects consults his own Interest in coming to the Knowledg of the most able active and popular Subjects whereby he may single out such as are most fitted for public Imployments to serve him in the several offices of Government and all who thus have a share in the debating and consulting about Laws will not only be witnesses of the Prince's Grace and Favour in granting such as they have desired and assented to but will be so many Heralds of his Wisdom and care of his Peoples good Government and so many vigorous enforcers of the Execution of those Laws they have so lately assisted to prepare Likewise The Prince is skreened from Obloquy as Privy-Counsellors and other Officers are sometime as Skreens to Princes to ward off the Obloquy of the Mobile when something is imposed that may be wholesome though something bitter to their Palates So especially are these great Conventions necessary where useful Laws though severe are to be enacted Money to be raised or other Impositions laid upon the People who do much more chearfully and less repiningly obey when they know (g) Tum caetera parit Turba libens subit propriis quia legibus acta the Nobility and their own Representatives have judged them convenient All Men naturally loving that such Impositions may immediately result from themselves rather than they should be enjoyned by the Princes Arbitrary power according to that of Claudian Observantior aequi Fit Populus nec ferre negat cum viderit ipsum Auctorem parere sibi The General use of good Parliaments is summed up in the (h) MS. Speech An. 1562. The general Benefits of Parliaments Chancellors Speech 2 Eliz. thus That the principal cause of their
Magnatibus Proceribus dicti Regni nostri colloquium habere tractatum Tibi praecipimus firmiter injungentes quod facta Proclamatione in proximo Comitatu tuo post receptionem hujus Brevis nostri tenendo die loco praedicto duos Milites gladiis cinctos magis idoneos discretos Comitatus praedicti de qualibet Civitate Comitatus illius duos Cives de quolibet Burgo duos Burgenses de discretioribus magis sufficientibus libere indifferenter per illos qui Proclamationi hujusmodi interfuerint juxta formam Statutorum inde editorum provisorum eligi nomina eorundem Militum Civium Burgensium sic electorum in quibusdam Indenturis inter te illos qui hujusmodi Electioni interfuerint inde conficiendis sive hujusmodi electi praesentes fuerint vel absentes inseri eosque ad dictum diem locum venire facias ita quod iidem Milites plenam sufficientem potestatem pro se Communitate Comitatus praedicti Cives Burgenses pro se Communitate Civitatum Burgorum praedictorum divisim ab ipsis habeant ad faciendum consentiendum his quae tunc ibidem de communi Concilio dicti Regni nostri favente Deo contigerint ordinari super negotiis ante dictis Ita quod pro defectu potestatis hujusmodi seu propter improvidam Electionem Militum Civium aut Burgensium praedictorum dicta negotia infecta non remaneant quovis modo Nolumus autem quod tu nec aliquis alius Vicecomes dicti Regni nostri aliqualiter sit electus Et Electionem illam in pleno Comitatu factam distincte aperte sub Sigillo tuo Sigillis eorum qui Electioni illae interfuerint nobis in Cancellariam nostram ad dictum dâ—em locum certifices indilate remittens nobis alteram partem Indenturarum praedictarum praesentibus consutam una cum hoc Brevi Teste meipso apud Westmonast THE King to the Sheriff Greeting Whereas by the Advice and Consent of our Council Advice of Privy Council for certain difficult and urgent business concerning us and the State and defence of our Kingdom of England and the English Church we have ordained a certain Parliament of ours to be held at our City of c. the day c. next ensuing and there to have conference Conference with Prelates c. and to treat with the Prelates Great Men and Peers of our said Kingdom We command and straitly enjoyn you Proclamation at County-Court that making Proclamation at the next County Court after receipt of this our Writ to be holden the day and place aforesaid Two Knights girt with Swords c. you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens Two Citizens and of every Burrough Two Burgesses two Burgesses of the discreeter and most sufficient Indifferently chosen by those present at the Proclamation according to Statutes to be freely and indifferently chosen by them who shall be present at such Proclamation according to the tenure of the Statutes in that case made and provided Their Names inserted in Indentures betwixt the Sheriff and the Electors and the names of the said Knights Citizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the parties so elected be present or absent and shall make them to come at the said day and place To cause them to come at the Day and Place The Knights from the County the Citizens and Burgesses from their Cities Burroughs to have full power to do and consent so that the said Knights for themselves and for the County aforesaid and the said Citizens and Burgesses for themselves and the Commonalty of the aforesaid Cities and Burroughs may have severally for them full and sufficient power to perform and to consent to those things which by the favour of God shall there happen to be ordained by the Common Council of our said Kingdom concerning the businesses aforesaid Lest for want of that Power or improvident Election the Business be undonâ— so that the business may not by any means remain undone for want of such power No Sheriff to be chosen or by reason of the improvident Election of the aforesaid Knights Citizens and Burgesses Election to be in full County But we will not in any case you or any other Sheriff of our said Kingdom shall be elected The Indentures to be sealed by the Sheriff and Electors And at the day and the place aforesaid the said Election made in the full County Court A Counterpart tacked to the VVrit returned into the Chancery you shall certify without delay to us in our Chancery under your Seal and the Seals of them which shall be present at that Election sending back unto us the other part of the Indenture aforesaid affiled to these Presents together with this Writ Witness our self at Westminster SECT 7. Concerning the Speaker and the Privileges of the House of Commons IT is not my design to treat of all things relating to the Constitution My Design not to controvert the Privileges of the House of Commons but to shâ—w the gradual Alterations Laws and Customs of the House of Commons there are several useful Books extant which are fit for the Honourable Members of the House to consult What I most aim at is to shew what the Ancient Usage hath been and how from time to time things have been refined to the Mode and State they are now in and I hope those great Spirits that honour their Countries with their Service will pardon one that designs nothing more than to give them a Profile of the whole Model both in the days of our remotest Ancestors and what it was in more Modern times under just and undoubted Soveraigns as also how much it was transformed when the pretended House of Commons being confederated with a successful Army murthered their Soveraign voted away the House of Lords and assumed the Title of the Supream Authority of the Nation of which last I shall treat in the next Chapter The Members being according to the Kings Command come to the place appointed sometimes the Soveraign with the Lords in their Robes have rid in State to the Parliament which is generally yet observed in Scotland and Ireland The Solemnity at the Opening of the Parliament However at the opening of the Parliament the King is seated on his Throne under the Canopy with his Royal Crown on his Head the Chancellor standing something backward on his Right-hand and the great Officers as Lord Treasurer Lord President of the Kings Council Lord Privy Seal Great Chamberlain the Lord Constable Marshal Lord Admiral Lord Steward and Kings Chamberlain attend on either side the State or in their Seats
the Command of their Armies This as well as other Reasons must needs demonstrate That if ever any two Houses of Parliament should by Arts of Insinuation as that of 1641. did That unless the King would grant they might not be dissolved without their Consents Kings never to yield what the Long Parliament were so earnest for they could not have time to settle his Throne and redress Grievances or by denying necessary Supplies force a King to grant them a Power of prolonging their own Sitting or meeting at stated times without his Writ or yielding to their Bills implicitly as the Black Parliament of 41. endeavoured and then to have the Power of nominating the Great Ministers of State and the Officers of the Militia an end would be soon put to Monarchy Therefore every one that loves their Country The Care to be had in Elections the continuance of that most excellent Frame of Government for the Subjects security as no other Country enjoys those who would avoid the sad Ravages of Civil War who would make their Prince Glorious their Country Renowned themselves and their Posterities Happy let them be careful to elect Loyal and Judicious Members neither tainted with Faction Ambition or Self-ends and if any such be elected let the Wise and Loyal when they meet in that Great Assembly watch over the Designs of such ill Members discover their Intriegues be careful not to be circumvented by their Artifices stick close to the Fundamentals of Government and then all things will be prosperous and they will have the honour of being stiled True Patriots of their Country Sir (n) 4. Instit p. 35. Edward Coke hath noted That Parliaments succeed not well in five Cases Several Cases where Parliaments succeed not well when the King is displeased with the Two Houses First when the King hath been in displeasure with his Lords or Commons therefore it was one of the Petitions of the Commons to Edw. 3. That he would require the Archbishop and all other of the Clergy to pray for his Estate for the Peace and good Government of the Land and for the continuance of the King 's Good-will towards the Commons to which the (o) Rot. Parl. 25 E. 3. num 15. 43 E. 3. num 1. 50 E. 3. num 2. King replied The same prayeth the King The like Petition he saith many times the Lords have made and further adds That the King in all his weighty affairs had used the advice of his Lords and Commons always provided that both Lords and Commons keep within the Circle of the Law and Custom of Parliament The second is when any of the great Lords are at variance among themselves as he instanceth in the third (p) Rot. Parl. 3 H. 6. num 18. When Variance among the Lords of H. 6. in the Controversy betwixt John Earl Marshal and Richard Earl of Warwick and 4 H. 6. betwixt the Duke of Gloucester and Bishop of Winchester whereby little was done in any Parliamentary Court and that little of no moment The third When no good Correspondence betwixt the Lords and Commons when there is no good Correspondence betwixt the Lords and Commons which happens when some People out of design to render the meeting of the two Houses ineffectual do project some matters whereby the Houses may clash about Privileges as was lately in Shirley's Case about the Mony-Bill from the House of Lords and many other Particulars might be instanced in therefore Sir Edward Coke saith That when it was demanded by the Lords and Commons what might be a principal Motive for them to have good success in Parliaments Sitis insuperabiles si fuertis inseparabiles it was answered They should be insuperable if inseparable Cum radix vertex Imperii in Obedientium consensu rata sunt The very root and top of Government consists in the consent of the Obedient and the Subjects Happiness is in that Harmony when it is betwixt the two Houses and among themselves but much more happy when it is likewise betwixt the Sovereign and the two Houses It is that which compleats their own and the Peoples Felicity But when the two Houses or one of them are for wresting the Sovereigns Prerogative from him as in Forty one then it is the most fatal and ill-boding sign of any other The fourth is When Disagreement in the House of Commons when there wants Unity in the House of Commons as we had not long since Experience when within those Walls from whence wholesome Counsels are expected and all things tending to the preservation of the King's Peace Crown and Dignity such Heats were amongst the Members that if one Sword that was half drawn had been wholly unsheathed it was thought a very bloody Battel had been fought The last he makes When no Preparation for the Parliament is when there is no preparation for the Parliament before it begin for which purpose the Summons of Parliament is forty Days or more before the Sitting to the end that Preparations might be had for the considering the arduous and urgent affairs of the Realm And Sir Edward saith it was an ancient custom in Parliament in the beginning thereof to appoint a select Committee to consider of the Bills in the two preceding last Parliaments that passed both Houses or either of them and such as had been preferred read or committed and to take out of them such as were most profitable for the Commonwealth To these may be added a most material one When Redress of Grievances are preferred to the Supply of the King that makes unfortunate Congresses of Parliaments viz. When the Members come up with strong Resolutions to provide Remedies for some Grievances either real or surmised and at the same time the Sovereign is in great Straights for supplies for the safety repute or necessary occasions of the Government for then as in most of the Parliaments of King Charles the First the Houses are for redress of Grievances before supply how pressing and urgent soever and do not credit the King that he will give them time to redress them after he is supplied and they from design rather than this diffidence will not suffer supply and grievances to go pari passu Hand in Hand as we may remember in those Parliaments wherein the popular Men made such Harangues that they would know whether they were Freemen or Slaves or had any thing to give before they entred upon the giving part The like we saw in King Charles the Second's Reign in some of his last Parliaments whereby all their Consultations were abortive and both the Kings had no other Expedient but Prorogation or Dissolution and disuse of Parliaments for some Years followed How much happier have we been in the last Session of the Parliament under our most Wise The happy Harmony in the last Session of Parliament June 1685. Magnanimous and Gracious King wherein no strife or contention was but who
agreeth with the Act of Parliament 37 E. 3. c. 18. where it is said before the Chancellor Treasurer and Great Council Thirdly The Kings Privy Council which appears to be different from the last Great Council by many Records and particularly by that of (c) Rot. Claus 16 E. 2. m. 5. dorso 16 E. 2. where it is said Hen. de Bellomont Baron of the Kings Great and Private Council was sworn This Council is called Concilium Privatum secretum continuum Regis The Privy Council properly so called Lord President The First Member of this Council is the Lord President who was anciently called Principalis Consiliarius and sometimes Capitalis Consiliarius The first Lord President Sir Edward Coke (d) 4. Instit c. 2. fol. 55. 1. par Pat. num 22. John Bishop of Norwich is mentioned 7 Jo. by Matt. Paris fol. 205. mentions was the Earl of Lancaster 50 E. 3. 1 R. 2. then he reckons these in order the Duke of Bedford 1 H. 6. the Duke of Gloucester 10 H. 6. the Duke of York 11 and 22 H. 6. John Russel Bishop of Rochester and after of Lincoln is called President 13 E. 4. John Fisher Bishop of Rochester 12 H. 7. Charles Brandon Duke of Suffolk from the 25th to the 37th of H. 8. the Lord Pawlet 1 E. 6. the Duke of Northumberland 5 and 7 of E. 6. the Earl of Arundel 1 and 2 Ph. and M. in Q. Elizabeth's time we find none but in this Catalogue Mr. Prynne (e) Animadv p. 45. Pat. 13 E. 4. part 1. m. 3. hath truly noted That the Bishop of Rochester was not made President of the Kings Council but of the Prince's and was his Tutor as appears by the Patent it self there cited dated the 10th of Nov. This Office of Lord President was never granted but by Letters Patents under the Great Seal durante beneplacito In the Statute of 21 H. 8. c. 2. he is said to be attendant on the Kings most Royal Person the reason of which saith Sir Ed. Coke is That of latter times he hath used to report to the King the Passages and the State of the business at the Council Table The Lord Privy Seal is the next Principal Person that hath Precedence in the Kings Council Lord Privy-Seal concerning whose Office my Lord (f) 4. Instit c. 2. fol. 56. Coke hath discoursed at large to whom I must refer the Curious Reader as also to him for the Acts of Parliament Orders of the same and Acts of Council together with Mr. Prynne's (g) P. 45. Animadversions whereby the Privy-Council was to be regulated and concerning the Jurisdiction and Proceedings of the Kings Council Mr. Lambard's (h) P. 108. to 116. fol. 29. Archaion and Mr. Crompton's Jurisdiction of Courts may be consulted the several Bundels of Petitions to the King and his Council in the Tower of London and the Answers to them the Placita Parliamentaria coram Rege Concilio in the Tally Office of the Exchequer and in the Parchment Book of them in the Tower under King Edward the First printed by Mr. (i) In Placit Parl. Append. Those summoned to Parliaments as Assistants called the King's Council and in Parliament-time joyned with the King's Council in several Cases Ryley Of this Privy Council there seems to me to be two sorts one constantly attending the King and his Affairs the other in Parliament time only which had their particular Summons as I have before at full discoursed of and these two I find so obscurely distinguished that it is difficult in some places to understand which are meant but I think in time of Parliament these were joyned to the Kings Council for besides that they had a distinct Summons and in them as a specifical distinction the word caeteris was omitted in that part of the Summons which runs dictis die loco personalitor intersitis nobiscum ac cum caeteris Praelatis Magnatibus c. because they were not Parliamentary Barons there was also added in proceedings and judgments upon them these words coram ipso Domino Rege ejus concilio ad Parliamenta sua or ad Parliamentum suum or coram Concilio nostro in praesenti Parliamento For the particular Instances of which being they are very numerous Mr. Prynn's (k) A pag. 363. ad pag. 393. brief Register may be consulted wherein it seems to me upon the perusal of the several Records that these Assistants to the House of Lords were likewise joyned to the rest of the Kings standing Council in Parliament time so it is expressed in the Case of (l) Idem pag. 378. John Salâ—eyn and Margaret his Wife and Isabel her Sister Daughters and Heirs of Robert de Ross de Work thus Habito super praemissis diligenti tractatu per ipsum Dom. Regem totum Concilium and in the same it is thus also worded videtur Dom. Regi Concilio suo concordatum est consideratum per ipsum Dom. Regem Concilium suum So in others per Concilium Archiepiscoporum Episcoporum Comitum Baronum caeterorumque (m) Idem pag. 380. de Concilio suo existentium singulis de Concilio suo totius Concilii Domini Regis So in 21 E. 1. the Archbishop of York's Case videtur Domino Regi in pleno Parliamento praedicto Comitibus Baronibus Justiciariis similiter toti Concilio ipsius Dom. Regis and so it is said Magnates alios de Concilio ipsius Domini Regis rogavit This is further cleared by sundry (n) Idem pag. 383. The Court of Star-chamber was said to be coram Rege Concilio suo See Coke Inst 4. c. 5. Prefaces to and passages in our Printed Statutes as formerly I have noted So the Statute of Bigamy 4 Oct. 4 E. 1. saith In the presence of certain Reverend Fathers Bishops of England and others of the Kings Council the constitutions under written were recited after heard and published before the King and his Council for as much as all the Kings Council Justices and others did agree So the Statute of Quo Warranto 30 E. 1. Cum apud Westminster per nos Concilium nostrum provisum So 33 E. 1. it is agreed and ordained by the King and all his Council So 42 E. 3. c. 3. the Statute made on Petition of the Commons in Parliament begins (o) Plese a nostre Seigneur le Roy son bon Counsel pur droyt Government de son Peuple ordeigner Pleaseth it our Lord the King and his good Council for the better Government of his People to ordain By great store of Records it is apparent that in old times the Kings and their Councils gave Judgment in divers Cases of difficulty and other Common Cases concerning the Law of the Realm (p) See 11 H. 4. num 28. 63. Respectuatur per Dom. Principem Concilium Pryn. Animadv p. 39. 264 265 267 296.
ei nihil turpe cui nihil satis 3ly That he should be Avarus Rei Publicae covetous for the Kings Treasure and Commonwealth 4ly That he super omnia sit expertus that he be expert in what place the King shall imploy him for great Offices are never well managed by a Deputy When quick and when deliberate Counsels are best where the Officer himself is but a Cypher As to Counsels themselves Livy (p) In rebus asperis tenuis spei fortissima quaeque consilia tutissima sunt Lib. 22. excellently notes That in matters that are ground to an edge or drawn to a sharp point and where hope is only left in the bottom the boldest and quickest Counsels are safest yet it must be with great circumspection well considered when and upon what occasions such Counsels must be taken for the same (q) Consilia calida audacia prima specie laeta sunt tractatu dura eventu tristia Idem lib. 31. Author notes elsewhere That subtile and bold Counsels on the first view may be pleasing but are difficult in handling and in the event often Calamitous therefore rashness can never consist with Counsel duo adversissima rectae menti saith (a) Lib. 3. Male cuncta ministrat impetus Statius Thucydides Celeritas Ira Haste and Passion are of all things most opposite to Right Counsel therefore Curtius (b) Novanâ—is quam gerendis rebus aptiora ingenia illa ignca speaking of such saith Fiery and furious Spirits are more fit to innovate things and create Factions than to manage Affairs steddily (c) Praepropera consilia sunt raro prospera So hasty Counsels are rarely Prosperous because Resolution should never go before Deliberation nor Execution before Resolution When (d) Prinsquam incipias consuli o ubi consulueris mature fado opus est Sallust upon Debate and Deliberation it is by the Council-Table well resolved the change thereof upon some private information is neither safe nor honourable nor that after timely Resolution timely Execution be delay'd Violent (e) Coke Inst 4. p. 57. courses are like to hot Waters that may do good in an extremity but the use of them doth spoil the Stomach and it will require them stronger and stronger and by little and little they will lessen their own operation To leave this great Theme as too illustrious and sublime a Subject for one to treat of that hath lived in the Shade I shall now proceed to make some other remarks why our Laws give our Kings the sole power of chusing to themselves a Privy-Council and how the designers of 41. would have wrested that Power from the King Besides (f) Review of Observations p. 10. The King's Prerogative to chuse his Privy-Council what is common to all men to have a free liberty to whom they will impart their private Affairs and desire Counsel upon them our Laws being built upon firm foundations of reason considering that in the power of making of Laws the power of two numerous bodies were opposed against the Person of the single Soveraign it foresaw and found that by the Soveraigns consenting to Laws for the ease and benefit of the Subject things might pass to the prejudice and diminution of the Soveraignty If his single Person surcharged with the care of the manifold Affairs of the Kingdom should be left all alone to advise and dispute his right against all the Wisdom and Solicitation of the Representative Body of the Subject See Prynne's Brief Register sect 3. from p. 341. to the end concerning the King's Council in Parliament and out of it Therefore to prevent that it ordered That the King should at his discretion swear to himself a Body of Council sometimes in our Laws called his Grand Council to advise him in matters of State and concernments of his Soveraign Right and safety and a Body of Council at Law to advise him in matters of Justice that he might neither do or suffer contrary to the Rule of Laws especially sitting the two Houses when the wrong might be perpetual and seeing the Government must be continually upon its Guard and Watch without intermission molding and forming all things for its safety and prosperity and consequently of the Peoples this Council must be constantly attending upon the Kings pleasure and daily and hourly considering the best ways and methods of promoting the Kings and Commonweals advantage As to the (g) Pulton 37 56. 72. first particular we find it frequently in several Statutes expressed That the King by himself and by his Council at his Parliament made and ordained The necessity of a Privy-Council That this was not the great Council of Parliament appears by that of Edward the First (b) Idem p. 80. These are the Establishments of the King by his council and by the Assent of the Archbishops Bishops Abbats Priors Earls Barons and the whole Commonalty of the Land thither summoned and Edward the Second saith he caused the Articuli Cleri to be rehearsed before his Council and Answer given c. and much more may be observed in the Acts of the great Councils not fit here to be repeated From hence it is that the Law defines The King can do no wrong Privy-Counsellors responsible for if any evil be committed in matter of State the Privy-Council and if in matters of Law the Justices and Judges must answer for it As to the second particular the Parliament of 1641. cast the odium of most of the management of Affairs of State The Votes of the Long Parliament to traduce the King under the pretence of using Evil Counsellors that were ungrateful to them upon the Kings evil Counsellors as they called them which was a great artifice of the designers of that Rebellion for thereby being then not hardned enough to caluminate the King openly they would make the World believe they paid a just deference to his Majesty yet slily wounded his Reputation through his Counsellors sides leaving the application to the People Tacitly insinuating that the King being mis-led by such Councils was not so Just or Wise as to be wished and when afterwards they had got Power they always made it one of their propositions That the two Houses should have the nominating That the two Houses should have the nominating of Privy-Counsellors So in Henry the Third's time we find Mountfort's Model of Twenty four to redress the Kingdom to chuse Counsellors c. or approving and removing the Privy-Council or great Officers of State pretending they would set such just and righteous Persons in those places as would execute them for the publick good only and upon the same score though on another pretence they were importunate that the Judges should hold their places tam diu quam se bene gesserint rather than be removeable at the Kings pleasure Thus by vote without legal proof of Crimes they blackned as many of the Kings Privy-Council
vertuous but less innocent for there is rarely any rising without a Commixture of good and bad Acts but it is reasonable that the Memory of their Vertues remain to Posterity and their Faults dye with themselves (c) miserum est aliorum incumbere famae Ne collapsa ruant subduct is tecta columnis Juv. Sat. 8. v. 77 78. It is glorious in the Progeny of the old Nobility and useful to themselves their King and Country to study to imitate the Perfections and eschew the Imperfections of their noble Progenitors who were Founders of their Families and Honours They no doubt were Learned Judicious and able Ministers of State such as eased their Prince of their otherwise unsupportable Burthen of Government such as were sensible of the true Fountain of Honour true Patriots of their Country because zealous for the established Government and coveted not to make themselves popular in opposition to their Prince Honour is one of the prime Badges of Nobility The Use of Nobility the winning of that saith (d) St. Alban's Essays Of Honour and Reputation the learned Chancellor is the revealing of a mans Virtue without disadvantage If a man perform that which hath not been attempted before or attempted and given over or hath been atchieved but not with so good Circumstances he hath purchased more Honour than by effecting a matter of greater difficulty or Virtue when he is but a follower Honour that is gained broken upon another hath the quickest reflection like Diamonds cut with Fucets therefore it s commendable for any to exceed his Competitors in Honour by outshooting them in their own Bows (e) Idem Essays c. 14. A Monarchy where there is no Nobility at all as among the Turks is ever a pure and absolute Tyranny For Nobility attempers Soveraignty a great and potent Nobility addeth Majesty to a Monarch but diminisheth Power putteth Life and Spirit into the People but presseth their Fortunes It is well when Nobles are not too great for Soveraignty or Justice and yet maintained in that heighth as the Insolence of Inferiors may be broken upon them before it come on over fast upon the Majesty of Kings A numerous Nobility causeth Poverty and Inconvenience in a State Concerning numerous Nobility brings a surcharge of Expence and some falling to be weak in Estate it makes a kind of Dis-proportion betwixt Honour and Means To keep Nobles at some distance is not amiss but to despise them Kings to countenance their Nobility may make a King less safe and less able to perform any thing he desires This Henry the Seventh did and though they continued Loyal to him yet they did not co-operate with him in his Business The reason of State that we may presume swayed with so wise a King was for that the Wars betwixt the Houses of York and Lancaster had been carried on by the sidings of the Nobility who had in those Days numerous Retinues the younger Sons of the Gentry and sometimes the elder making a great part of the vast Families of Noblemen and their Tenents holding their Lands by small Rents and due Service enabled them to make great alterations in the State accordingly as the chief of the Nobility were combined So that he made Laws against the number of Retainers to lessen such dependences and likewise bringing in use the making of Leases made the Tenents less obliged to their Lords paying their Rents and by such Tenures for Years Honours not to be too common they grew Rich so that thereby Freeholders exceedingly encreased and all this helped to subduct from the Power of the Nobility Honours are not rashly to be made common or prodigally given otherwise they grow dis-esteemed and unregarded rare and few Honours are more glorious saith (f) Honores non essâ— remere pervulgandos aut essuse dandos alioquin eos obsoleseere raros enim honores tenues esse gloriosos effusos pervulgatos esse obsoletos contemptos Giphanii Com. in cap. 3. lib. 5. olit Arist the judicious Comentator diffused and common bring Contempt and Sleight Consentaneous to which is what the forementioned Chancellor saith That States which aim at greatness St. Alban's Essays Of Greatness of Kingdoms must take heed how the Nobility and Gentry multiply too fast for that maketh the common Subject to grow to a Peasant driven out of Heart and in effect but a Gentleman's Labourer As in Copice Wood if you leave the Stadle too thick you shall never have clean Underwood but Shrubs and Bushes and so you bring that the Hundredth Poll is not fit for the Helmet especially as to the Infantry which is the State of France not of England But in this Particular the Custom of other Nations a Princes Service and incident conveniences are to be considered For some will be won as much by Honours as Offices of Profit and it is less Expence to a Prince in the gratifying his well-deserving Subjects Besides something must be allowed to Aemulations and a rich Soil will bring a greater Crop than a barren In all Ages likewise some of the ancient Nobility are extinguished and it is fit to plant new Standards in the room of the decayed So that what these Learned Men assert concerning spare Distribution of Honours is to be considered with just Limitations The Splendor Magnificence and great Retinues of Noblemen conduce much to Martial greatness Great Retinues of the Nobility useful except in Poland the State of Free-Servants and Attendants upon Noblemen and the richer Gentlemen hath been observed to be no where so peculiar in former times as in England Those Retainers and humble Friends are fitted for all gentile Employments and are a Seminary of the more polite Yeomanry whereas a close and reserved living of Noblemen and Gentlemen causeth a Penury of Military Forces and well-bred Yeomanry The Nobility may be Eclipsed by sinking beneath their Orbs in affecting Popularity in opposition to their Prince The Nobility not to Desert the Crown or rearing their Heads among the Clouds in Ambition Whenever by Malevolent Aspects of other Planets their Influence on the State is less benign or that the putrid Breath of some Male-contents taint their Allegiance the Contagion is of a large Spread their Blood being mingled with so many others of Power takes Fire at once and can neither be shed or rectified alone Sometimes their Blood may be chilled when they conceive others interpose betwixt them and the warmer Gleams of the Throne and they will not want Factious Torpedoes that will benum their brisker Souls The old Nobility not to envy the new ones if they be not wary to avoid their touch But when their Lordships consider that as they and their happy Ancestors have had a plentiful Portion of their Princes Regards and Bounty so they should be content that others share with them in their Princes Munificence and should not expect that their Families should be every Ages Darlings they
better Condition though Gentiles than the Christians under the Romans or that it is derived from Gens I am more inclined to be of the latter Opinion finding it more agreeable to the common Use For Cicero (b) In Topicis calls those Gentiles qui ex eadem Gente Ingenui qui nunquam Capite sunt diminuti Gens consisting of a multitude which have sprung from one Generation and of many of these Gentes consists a Nation to which agrees that of (c) Gentilis dicitur ex eodem genere ortus is qui simili nomine appellatur Festus ad Verbum Festus that Gentilis is one born of the same Gens or Kindred and who is called by the like Name So we find the Horatii the Corvine Julian Flavian Family c. So the Greeks use the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for one nobly descended from great Parentage So 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was Nobility which (d) Polit. lib. 4. c. 8. lib. 5. c. 1. Aristotle calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Antient Wealth and Vertue or the (e) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rhetor. ad Theod lib 2. c. 5. Dignity of the Ancestor The first Authors of it being stiled famous Men and Honourable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the largest acceptation of the Word as it is now used saith the judicious (f) Tiles of Honour p. 852. Selden it denotes one that either from the Blood of his Ancestors or the Favour of his Sovereign or of them that have Power from the Sovereign or from his own Vertue Employment or otherwise according to the Laws and Customs of Honour in the Country he lives in is ennobled made Gentile or so raised to an eminency above the Multitude perpetually inherent in his Person These are stiled the Nobiles minores for distinction sake The use of the word Nobilis the word Nobiles being now appropriated to those of the higher Rank The ancient use of Nobilis especially before the Roman Monarchy was such that it was justly given to none but him that had Jus imaginum or some Ancestor at least that had born some of the great Offices or their Magistratus Curules as (g) 〈…〉 1. cap. 19. Censorship Consulship c. From whose Image kept he had the Jus Imaginum Therefore the preceding Ancestor was called novus Homo or Ignobilis Some Ages after the Romans were under a Monarchy the Title of Nobilis was given to such as by the Emperors Patents of Offices or their Codicilli Honorarii were first raised out of the lowest Rank After that Arms of Ensigns of Distinction born upon Shields grew to be in may Families Hereditary which was about four hundred Years since as Sir Edward Bish in his Aspilogia avoucheth it came into frequent use that he who was either formerly ennobled by Blood or newly by acquisition either assumed or had by Grant from his Sovereign or those deputed by him some special note of Distinction by Arms also to be transmitted with his Gentry to his Posterity Yet (h) 〈◊〉 Mr. Selden notes that in the Proceedings in the Court of Chevalry betwixt Reginald Lord Grey of Ruthin Plaintiff and Sir Edward Hastings Defendant concerning the bearing of a Manch Gules in a◠Field Or in the depositions taken in the Moote Hall at Bedford it is recorded that John Botiler of the County of Bedford and Roger Tenstal Mayor of Bedford having been the Plaintiffs Servants severally deposed Il est Gentilhom d' Auncestrie mas nad point d' Armes Gentlemen without coats of Arms. That he was a Gentlemen of antient time but had no Arms. But I shall pass from this That which I desire the Gentry to observe is Advice to the Gentry That they are the Seminary of our greater Nobility and that from Loyal Wise Learned Valiant and Fortunate Persons of their Order in all Princes Reigns the Nobility have sprung Therefore as some of them are derived from as numerous Ancestors as any in other Kingdoms and have by Hereditary Succession greater Estates than many foreign Counts and as they desire either to conserve the Repute their Ancestors have honourably entailed on them or to transmit them to their Posterities so it will be their Interest and Glory to accomplish themselves in all sorts of useful Learning whereby they may be Serviceable to their King and Country There are Bodily Exercises they should be well skilled in as Fencing Riding the great Horse and all Military Exercises to enable them to serve in the Militia of the Nation and their diligent perusing all sorts of History and the Laws of the Land will fit them for the managing of Civil affairs and dispensing the Kings Laws as Justices of Peace Sheriffs Commissioners Representatives in Parliament as also for the greater Offices of State Since they are born to large Patrimonies and thereby have a more generous Education and derive a more refined Spirit from their Ancestors they can with infinite more Ease enter into publick Employment having none of those sinking (i) Hand facile emergunt quorum virtutibus obstat Res angust a domi weights of Poverty and mean Education which enforce others to use extream Diligence e're they can mount the first half Pace the Gentleman is seated on by that time he leaves his tutors It is true the Priviledges of the Gentry of England properly so called are not so great as in some Countries where they have power of Life and Death over their Servants or are exempted from Taxes and enjoy other Immunities which are denied to the Commons yet they have others as beneficial in that they make up a great share of the Ministerial parts of the Government It is required by God and their Prince that they should so deport themselves as they may be singular (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio lib. 2. Examples to their Tenants and Neighbours of Wisdom Temperance Justice Loyalty and all the System of Vertues and by a generous Hospitality without Debauchery preserve their Interest in the affection of their Neighbors and that the Poor may daily and zealously pray for them being made the Voiders and receiving the Sportula of their plentiful Tables By this way of living they will sow among their Neighbours the Seeds of all useful Vertues and enrich their Countries and be able in time of need to serve their Prince with their numerous Dependants It is for the use of the blooming Gentlemen I write this The more sage and ancient need only such Intimations to refresh their Memories I have made Observations how fatal it hath been to themselves and the whole Kingdom when the Gentry have been seduced to sleight at first and after as they have been wrought upon by Designers to over-awe or overturn the Government and either by Piques among themselves or Aemulations Envies and Discontents have been brought into the Combinations and Conspiracies with those who under the specious Pretences
few Years In Three Books The Whole illustrated with divers accurate Maps and Figures Written originally in Italian by Adam Oliarias Secretary to the Embassie Rendred into English by John Davies of Kidwelly The Second Impression The History of the Execrable Irish Rebellion trac'd from many preceding Acts to the Grand Eruption October 23. 1641. and thence pursued to the Act to Settlement in 1662. The Journals of all the Parliaments during the Reign of Queen Elizabeth both of the House of Lords and House of Commons Collected by Sir Simon D' Ewes of Stow-Hall in the County of Suffolk Knight and Baronet Revised and published by Paul Bowes Esq of the Middle Temple I Ragguagli di Parnasso or Advertisements from Parnassus in Two Centuries With the Politick Touchstone Written originally in Italian by that Famous Roman Traâ—ano Bocalini And now put into English by the Right Honourable Henry Earl of Monmouth Cosmography and Geography In Two Parts The First containing the general and absolute Part of Cosmography being a Translation from that eminent and much-esteemed Geographer Varenius wherein are at large handled all such Arts as are necessary to be understood for the true knowledge thereof To which is added the much wanted Schemes omitted by the Author The Second Part being a Geographical Description of the World taken from the Notes and Works of the Famous Monsieur Sanson late Geographer to the French King To which is added about One hundred Cosmographical Geographical and Hydrographical Tables of several Kingdoms and Isles in the World with their Chief Cities Sea-Ports Bays c. Drawn from the Maps of the said Sanson Illustrated with Maps The Annals of King James and King Charles the First of ever Happy Memory containing a faithful History and impartial Account of the Great Affairs of State and Transactions of Parliaments in England from the Tenth Year of King James 1612. to the Eighteenth of King Charles 1642. Wherein several material Passages relating to the late Civil Wars omitted in former Histories are made known A perfect Copy of all the Summons of the Nobility to the Great Councils and Parliaments of this Realm from the Forty ninth of King Henry the Third until these present Times With Catalogues of such Noblemen as have been summoned to Parliament in Right of their Wives and of such other Noblemen as derive their Titles of Honour from the Heirs Female from whom they are descended and of such Noblemens Eldest Sons as have been summoned to Parliament by some of their Fathers Titles Extracted from Publick Records by Sir William Dugdale Knight Garter Principal King at Arms. The History of the Affairs of Europe in this present Age but more particularly of the Republick of Venice Written in Italian by Baptista Nani Cavalier and Procurator of St. Mark Englished by Sir Robert Honywood Knight The History of Barbadoes St. Christophers Mevis St. Vincents Antego Martinico Monserrat and the rest of the Caribby-Islands in all Twenty eight In Two Books The First containing the Natural the Second the Moral History of those Islands Illustrated with several Pieces of Sculpture representing the most considerable Rarities therein described The Works of the Famous Nicolas Machiavell Citizen and Secretary of Florence Written originally in Italian and now faithfully translated into English A Compleat Treatise of Preternatural Tumors both General and Particular as they appear in Humane Bodies from Head to Foot To which also are added many excellent and Modern Historical Observations concluding most Chapters in the whole 〈…〉 Discourse The Present State of the Ottoman Empire from the Year 1623. to the Year 1677. Containing the Reigns of the Three last Emperors viz. Sultan Morat or Amurat the Fourth Sultan Ibrahim and Sultan Mahomet the Fourth his Son the Thirteenth Emperor By Sir Paul Ricaut late Consul at Smyrna The History of the Cardinals of the Roman Church from the time of their first Creation to the Election of Pope Clement the Ninth With a full Account of his Conclaves In three Parts Written in Italian by the Author of the Nepotismo di Roma The World Surveyed or The Famous Voyages and Travels of Vincent le Blanc of Marcelles into the East and West Indies Persia Pegu Fez Morocco Guinny and through all Africa and the Principal Provinces of Europe A General Collection of Discourses of the Virtuosi of France upon Questions of all sorts of Philosophy and other Natural Knowledge Made in the Assembly of the Beaux Esprits at Paris by the most Ingenious Persons of that Nation Englished by G. Havers In two Volumes A Treatise of the Sibyls giving an Account of the Names and Numbers of them of their Qualities the Form and Matter of their Verses and of their Books Written in French by David Blondell Englished by Jo. Davis of Kidwelly Tracts written by John Selden Esq of the Inner Temple The first entituled Jaâ—â— Anglorum Facies altera Rendred into English with large Notes thereupon by Redman Westcoat Gent. The second England's Epinomis The third Of the Original of Ecclesiastical Jurisdictions of Testaments The fourth Of the Disposition or Administration of Intestate Estates Printed for Tho. Basset and R. Chiswell and sold by R. Clavell Basilica Chymica Praxis Chymiatrica or Royal and Practical Chymistry augmented and enlarged By John Hartman To which is added His Treatise of Signatures of Internal Things or a true and lively Anatomy of the Greater and Lesser World as also the Practice of Chymistry of John Harâ—man M. D. augmented and enlarged by his Son with considerable Additions All faithfully Englished by a Lover of Chymistry The Compleat Chymical Dispensatory in Five Books treating of all sorts of Metals Precious Stones and Minerals of all Vegetables and Animals and Things that are taken from them as Musk Civet c. How rightly to know them and how they are to be used in Physick with their several Doses The like Work never extant before Being very proper for all Merchants Druggists Chirurgeons and Apothecaries and such Ingenious Persons as study Physick or Philosophy Written in Latin by Dr. John Scroder that most Famous and Faithful Chymist and Englished by William Rowland Doctor of Physick The Royal Pharmacopaea Galenical and Chymical according to the Practice of the most Eminent and Learned Physicians of France and published with their several Approbations By Moses Charâ—as the King 's Chief Operator in his Royal Garden of Plants Faithfully Englished and illustrated with several Copper Plates An Abridgment of divers Cases and Resolutions of the Common Law Alphabetically digested under several Titles By Henry Rolls Serjeant at Law Published by the Lord Chief Baron Hales and approved by all the Judges The Reports of Sir George Croke Knight In three Volumes in English Allowed of by all the Judges The second Edition carefully corrected by the Original Les Reports de Henry Rolle Serjeant del ' Ley de divers Cases en le Court del ' Banke le Roy en le Temps del ' Reign de Roy Jaques Colligees
fallacious Argument For it is found by experience that some few more crafty Citizens who have gained Credit with the People order Business in their close Committees and so undiscernably lead the Multitude to whatever they call the Publick Good of which they having prevailed upon their Affections are esteemed the most competent Judges by which any one of the Juncto for they must gratifie each other mutually is enabled to cross the Course of Law in a Friend's behalf and to put a sharper Edge upon the Sword of Justice when it strikes an Enemy These kind of men by frothy Eloquence in set Speeches cunningly fitted to the Capacity of the Common People having got the Art of changing the Peoples Opinion of Just and Unjust for Reasons are not weighed where such Numbers hold the Ballance their Art is to apply their Harangues to that which rules the weaker men the Affections and these are easily convinced and made the Measures of their Judgments the want of weight in the (d) Suaden'o docent non docendo suadent Premisses being supplied by an extraordinary love to the Conclusion The Judgments of Right and Wrong being not like Mathematical Knowledge are as various as their Interests different because they concern Meum and Tuum wherein Profit is the (e) Vtilitas Justi prope mater Aequi est Parent of Equitable and Just and these Ruling men when they have a mind to do a man a prejudice can easily transfer his Business to the Common Peoples Verdict where they shall be sure to have their Fleece torn off by the Brambles or Briars or suffer as cruel Death if they be judged Capital Offenders as those may be conceived to undergo that are rolled to death in a spiked Barrel So we find the Grecian Emperor Isacius Angelus and the two De Witts were torn in pieces when exposed to be worried by the Rabble Secondly as to Liberty 2. True Liberty is wanting in Democracy it is strange Men should so generally fall in love with a bare sound and court a name of freedom which duly examined signifies nothing They cannot mean by it a looseness from all Laws they dare not own such pernicious Licence the true debate is not Whether they shall admit the Bonds of Laws for they readily embrace them being forged and fitted by themselves but who shall impose them The question is not Whether (f) Non an servirent sed an servirent uni vel pluribus they should serve but Whether they should serve one or more and with them it is commonly called Liberty to serve many Masters Now if we rightly consider the restraint of our Freedom is that which is most valuable amongst the benefits of Government For this it is preserves Peace among men by it their hands are tied up from doing injury Every one it is true could wish to retain full and absolute liberty but not upon condition all others should enjoy the same For that love to it and delight in it is overbalanced by the fears and the sad consideration arising from the thoughts of others freedom to make us suffer as much as they may be tempted to inflict Besides where can true Liberty be where the unconstant Mobile have the dispensing of it who have no clear Idea of it are always catching at the shadow and the ungrasped Cloud for Juno Their Votes are easily corrupted when a (g) Platarc in Vita Marii Marius pours out Bushels of Corn in the Forum to buy them They are impelled as we see in crowds first one way then another ebbing and flowing in their actions like the unconstant Ocean and this they call their Liberty which rather is their servile Bondage being all this while in the shorter or longer Chain of their corrupt affections or weak judgments For how can we think the common body competent Judges to manage affairs who besides inconstancy and disorder do every thing in such a manner as it is very hard to separate Tumults and Multitudes and amongst Judges so qualified as they are it is not enough to give prudent Council but it must likewise be fortunate otherwise the judicious giver of it may probably find a great abridgment of his Liberty if not worse Thirdly Concerning Equality Concerning Equality while they urge it comes nearer to the Law of Nature by the same reason they must dissolve Government since it would take away all Magistrates Superiors and Inferiors Besides it is against Nature it self that there should be such Equality as to instance if in Rewards it had been intended Nature would have made all men equally deserving and Reason teacheth us that since we may excel others by Education and Industry greater Encouragements should be allotted in consideration of the charges of good breeding and of the extraordinary studies whereby Men enable themselves to serve the Publick Besides this Equality though pretended to conserve doth in truth destroy Unity for none are so quarrelsome none so subject to envy as equals Every one being Judge in his own case will yield nothing to common Justice To close this Chapter We may judge of the thriving of popular States by what we observe of Commons which are always poor and bare of good and wholesome Grass comparatively with Enclosures If these Wafts be taken into one Mans hand he causeth the fertile crop of Thistles to be Mowed stubbs up the Shrubs and Brambles ploughs up the Brakes trencheth and cultivates the Whole and encreaseth the profit four fold whereas when it lies in common every one serves his present turn of it overstocks it and nothing is bred upon it but poor Jades and Beasts of Burthen Yea the greater part of Men in a popular State being bred up to gain make Profit the rule of their Actions entertain but little sence of Honour and thereby the State is soon corrupted by their low affections so that though some may be rich yet the State can never be glorious In the standing Pools of popular Government from the putrilage and mud spawn swarms of Tadpols The rankness of such soyl brings store of Tares and Goss Docks and Nettles Here the Henbane Night-shade and Aconite grow too luxuriantly so that the medicinal and fragrant Plants rarely find room or cultivation CHAP. VII Of the several Forms of Government in Greece before and in Aristotle's time and of the Roman Commonwealth THE Philosopher observes (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. lib. 3. c. 15. that in remote Ages when there were fewer Persons of the sublimest eminence for Valour Wisdom Vertue and publick spiritedness to protect by their Courage and Conduct to institute Laws by their Wisdom to be a living Law by their just dealing and example to study the emolument and benefit of the common People by their good will to them (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. Kingly Government was solely used But after that many grew up to be equal in vertue they endured Kings no longer
bottomed upon the securing of one Faction against another he (o) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. l. 5. c. 6. reckons the keeping up of a standing Army in War and Peace which he saith was by reason of the distrust among themselves whereby they were obliged to commit themselves to the custody of Soldiers and the Commander being by that means impowered to be a Judge or Arbiter betwixt them made himself Lord of both as he instanceth in the time of the Government of the Family of the Alvidi at Larissa and at Samos and Abydus and in Timophanes at Corinth For this reason the Romans fearing Camillus banished him So Julius Caesar for ten years having the command in Gaul was able to master the Senate with more ease If we had never heard of any such thing in the World before yet we had the too late calamitous experience of it in our late Republican Government which was no longer able to subsist but while it had an Army maintained at the charge of the enslaved People to secure them yet they falling into Factions themselves their Army did so likewise and the Houses and Army at last came to have several Interests and to have competitions for Sovereignty which any wise man might have foreseen and at last the Army being divided the happy Restauration of the King was thereby much facilitated Having thus cleared That a Common-wealth cannot so well defend it self against a Foreign Enemy I hope the point That a Commonwealth Government is less conducible than Monarchy to prevent intestine Discords I shall now proceed to discourse how difficult it is in this Form also to defend their Subjects from Foreign Invasions especially without the constituting of Dictators or Generals with unsociable Power which is in effect a temporary Monarchy In all Wars nothing is more requisite than Unity of Councils and Secrecy in the conduct of Affairs which is most difficult to be obtained where many are at the Helm Besides among so many different judgments as there must be in such a Body before they can arrive at a Resolution favourable opportunities for Action are by protractions irrecoverably lost and the fear they have of impowering their General too much lest he should establish himself in the Sovereignty makes them limit and restrain him so as he cannot take advantages when offered and thereby Commanders are cautelous and wary not to offend so many Masters whereby time is lost in procuring new Instructions and sometimes for the reasons aforesaid more Generals than one are appointed that one may be a check to the other So (p) Lib 8. Herodotus observes That the difference of Generals when in equal command hath lost victories as at Isthmus by the dissention betwixt Themistocles and Euribias the Persians had almost mastered all So Thucydides notes that so long as Pericles by his own judgment and will governed the Affairs of Athens so long all things were prosperous but after by the Factions of evil-disposed persons he was opposed he sped as ill Besides in the numerous Masters in a Commonwealth the saving of every one 's own Stake will be the principle of their (q) Nalson's Common Interest c. 3. care and sedulity So that if a Foreign Power give them a defeat they will be easily induced to follow as they of late used to call it Providence in all Revolutions and if they can obtain any assurance of enjoying their private Laws or obtaining an higher pitch of greatness under another power they will not easily resist the temptation of betraying the Liberty of their Country and so quitting the leaking Vessel of the Commonwealth will either fairly tack about in their private Shalop and stand in with the next Shore of safety or by striking Sail come under the Lee of the Conqueror or strike into the assistance of him in hope to have a share of the Plunder Besides in the Multitude of Councellors if there happen any notable miscarriages of State there is safety to themselves In Miscarriages the Authors difficultly known It being difficult to fix it upon any one single person every one shrowding himself in the complex Act of the whole So that though they singly put in for the glory of prosperous Atchievements yet in unfortunate or unlucky Councils and Actions they skreen themselves under the majority of Votes which because they always may do it must necessarily make some more Supine and less Vigilant over the Publick It is in these muddy Pools of Commonwealths the devouring Otters may safelier lodg here the gliding slippery Eel finds Covert the Horseleeches abound the Water-rats lodg in their Banks and the Uliginous parts swarm with Frogs and Toads every one preying upon other Here the Cockatrice breeds and the fiery Basilisks as well as Lizards and Newts Africk is not more fruitful of Monsters than they of Harpyes This is the common Sewer that receives all the sludg and filth of People the hopes and expectation of Liberty alluring all As to the Peoples living freer from oppression in a Republic Great Injustice and Oppression in Commonwealths than under Monarchy it is evidently found the contrary as I shall make it appear in the Chapter of Monarchy And there is strong reason for it since in this form these Lords the States will be continually striving to enlarge not only their Power but their Riches and the more they increase in either the more must the common and middle ranked Men be oppressed and exhausted It hath been from the insolence oppressing and engrossing of Estates by the Governing Party that the Thâ—rians changed their (p) Polit. lib. 5. c. 6. Aristocracy to Democracy that the Messeniac War was occasioned that the Revolutions were at Lygdamus in the Isle of Nexos Maffilia Istria Heraclea and Enidus So the Philosopher says That the unjust Judgments or unusual Severities exercised by the revengeful temper of the Factions caused great Convulsions in the State as he particularly instanceth in Eurition at Heraclea and Archias at Thebes who both being justly condemned for Adultery yet because in an unusual way of Contumely they were tyed to Stakes in the Market place they out of revenge excited their Friends to assist them and overthrew the Oligarchy Besides when Men are thus established in Power few can have Redress for their private injuries and wrongs being that every complaint would but look like contempt of Authority because the Party oppressing being one of the Associates in Power Example in our late Republicans and joynt Rulers he would influence the residue to vindicate him Hence we saw in the late long Parliaments Members yea their Officers and common Soldiers that they were such Tyrants in their Residence and Quarters that none durst question their outrages lest they should be brought before Committees for Malignancy or Delinquency It being a characteristic note of a disaffected Person not to resign up ones self to an absolute slavery to
affords us many Examples of Persons selling their Country and putting their great Councils upon ill attempts and labouring with their utmost cunning to frustrate good Designs because their Dependance upon a Foreign State or Kingdom was worth much more unto them than they could hope to gain by honest Service to their Country Supposing both the King and Optimacy be willing to promote the Peoples Happiness yet he is more able to compass that End by reason he hath a more United Power and the Execution of all Designs depends upon a single resolve and therefore may be managed with a certain closeness and all convenient swiftness so that good Councils shall be first discovered in their effects Whereas a great Body move slowly and most times the opportunity of Doing is gone by while they are but half way in their deliberation Besides More Inconveniences under Common-wealths than under Kings cateris paribus as there are many Advantages peculiar to Monarchy as in these three Chapters I hope I have evinced so there is not one Inconvenience to which a People living under Aristocracy are not subject in a much higher Degree than they are under Monarchy For supposing a King cruel yet one Man's Cruelty cannot reach so many as that of Multiplied oppressors when every one takes their peculiar Province to fleece or exercise their Lordliness over according as their Estates or Interests are divided The Covetousness likewise of Senators is more devouring because we may feed one Fire with less Expence of Fewel than five Hundred A Princes profuse Largesses to his Favourites is infinitely over-balanced by so many providing for their poor Kindred and making Friends and purchasing Dependants This very thing must likewise be practised by Senators for underproping their several reputations hiring Advocates to plead for them in their absence purchasing of Votes in their private concerns and obtaining of Offices Places and Estates for themselves and their Relations So that these must require more considerable Supplies from the People who must be squeezed every time any single Grandee wants than are necessary to nourish the Liberality of a Prince who hath a large Patrimony standing Revenue and places of Honour and Profit to gratify his Servants withal The wisest States having made ample allowances to their Princes to enable them to bestow Favours according to Merits or liking Some think that of Ecclesiastes Wo to thee O Land when thy King is a Child a strong Argument against Monarchy Another Objection answered because this Calamity is not incident to a Senate because they are not subject to Nonage But the place rightly understood saith a learned (i) Idem p. 23. Writer whom I have epitomized in the Parallel is a very full Confirmation of the happy Condition we have reason to expect under Monarchy and of the Calamities and Woes which probably attend an Aristocracy For the cause of those Miserie 's foretold is plainly thus A King during his Infancy being not able personally to Rule the Government is managed by the Nobles and thence come Factions and all the Mischiefs that accompany them To close therefore this Chapter we may consider that Kings have no Rivals whom they fear and must keep under as Governours of Commonwealths have which is no small Blessing to a People Kings as Proprietors take all the care possible saith a very (k) Jus Regin◠p. 58. Learned Author to improve their Dominions whereas Republicans are as Tenants mind nothing so much as their private Profit and the very Pretenders to Liberty and Property in this and the last Age have been the great Cheats of the Nation They when raised to govern grew insolent whereas Princes are still the same and their Passions rise not because their Fortunes do not The Prevailing Factions in Commonweals spare none that oppose them having no consideration of them but as Enemies whereas Kings pity even Rebels as considering them still as their Subjects and though I cannot say with my (l) Idem Author of one Year yet I may say of the whole time of the Usurpation That more were murthered and ruined in that Reforming Age than suffered by the Great Mogul and King of France in that space of time and more Severity was exercised by those Reformers than by all the Race of our Kings these Six hundred years And whatever Evil Ministers Kings are said to have yet what that Judicious Author notes of Scotland we may say the like of England That after they had taken from the Blessed King his Prerogative of chusing Judges and Councellors the Parliament did the next year put in I will not say with him the greatest Blockheads and Idiots in the Nation but men of much meaner Parts and more corrupt and unfit either for knowledge or the upright dispensing of the Laws Justice and Equity than any Age had known I have discoursed of this Head before and so shall say no more but that as well as in Antient times the unequal Distribution of Justice hath been noted so the Severity of the State of Venice against their Nobles and the executing Men without Citing or Hearing upon meer Jealousies induced a wise Spaniard who hath collected the Arbitrary Courses practised and allowed in that State to say That there is less of Liberty there than under the worst of Monarchies And for the State of Holland it hath been more than once observed how ingrateful they have been to all their Neighbours who have assisted them in their greatest need and with what a Jealousie they treat the Prince of Orange whose Ancestors setled them in the Possession of what they have as well as to the Crown of England is obvious to common Observation By them their Allies have been unworthily deserted In the matter of Trade no Pact or Faith hath been kept In their Country Mint and Cummin Coleworts and Herbs are excised nothing worn nothing fed upon or necessary for Humane Life but pays something to their Exchequer You pay a Tribute for the Ground you walk on for the Rivulets you pass on only they have not yet found out a Tax upon their Foggy Air. CHAP. X. The Character of a good King in general BEfore I come to treat of the Sovereignty I think it convenient to discourse of the usefullest Qualifications of Monarchs and the benefits that will redound to themselves and their Subjects thereby The (a) Ethic. 8. c. 10. Polit. lib. 3. 5. c. 4. Philosopher in several places compares a King to a Parent and Shepherd but a Tyrant to a Lord over Slaves and a Wolf Difference of a King and a Tyrant The One in his Government having a special Regard to the Peoples Benefit the Other governing without or against Law pro nutu arbitrio reducing all things under their absolute will and Power in such a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as is unhappy to their People and in the Conclusion to themselves The ancient Authors Description of a Good
used to bodily Labour he ordered him a Chariot and by other ways letting him understand that the weight of Government was not to be sustained by such Shoulders as his so wearied and discouraged him that he desired to be freed from the toylsomeness of it and when he understood the Emperors drift and expected his severity he only recommended him to those Soldiers that were forward to elect him and sent him to his Village If therefore such little Tryals discouraged Camillus what must we think it will do any Prince that hath untractable Subjects who force him to make Essays of various Methods to reclaim them and of a constant standing upon his Guard to secure himself and the Government Such are they who make many Princes Reigns Calamitous that might have been calm and peaceable Kingdoms saith my Lord St. Albans represent our Bodies Many Particulars wherein the Burthen of Government is discovered have their times of Health and Sickness Seasons of Prosperity and Adversity flourish with Wealth and languish in Poverty and Want suffer Distempers Alterations and Changes If therefore the Care and Concern of the Physician be great that hath the Health of many Patients under his Cure How much more must this great Aesculapius's be who hath the superintending of infinite Numbers of Subjects of all Degrees to preserve them in their perfect State of Felicity and Happiness to watch over the growth of depraved Humors and hinder their Ferments from boyling into the Fevers and Calentures of Rebellion to remove all the Obstructions that may hinder the equal distribution of Nourishment in Trade Commerce and the free Energy and Force of the Laws so to order the infinite Varieties of Tempers and Dispositions that the very lucta and jarring of them may produce an Harmony in the whole Besides these there is a Necessity to cherish the Vertuous and the Brave to discountenance the Vitious and Debauched and keep them from infecting others and finally so to manage all things as not only the present Age but remote Posterity may find the happy Effects of his Reign This is to undergo the nobilem Servitutem as Antigonus told his Son Kingship was Governours to be endowed with various Qualifications Therefore Philo observes That as the Pilot must change his Sails and Rudder and as the Physician useth not one kind of Remedy for all Diseases but observing the Encrease or Remisness of Symptoms the plenty or want of Humors and according to the changes of Causes tries various Experiments So a Supreme Governour ought to be multiform or endowed with variety of Qualifications to act one way in times of Peace and another in War being opposed by few to act resolutely and couragiously if by many to add to these Authoritative Suasives in publick Dangers to act himself and to commit those Ministeries to others which require Labour more than Conduct In his Councils to be a Judge in his Exchequer an Accountant in his Armies a General in his Navies Admiral in his whole Dominions the prime Gentleman Patriot and Peer in Vertue as well as Place Besides all these foregoing Considerations though a Prince by his own Justice Prudence and other Regal Vertues and the well disposedness of his People may keep his own Domimions in Peace and though there were no Whirlwinds Earthquakes or Trepidations of Faction and Sedition in his own Kingdom yet a King's Care is no less in making diligent Observations upon the Designs and Actions of all his Neighbour-Princes and States to shelter his own Subjects from Tempests and Hurricanes from abroad to divert Storms A Prince's Care in preserving his People at home and abroad to mingle Interests or divide as shall be most for the advantage of his Subjects to assist his Allies to countermine the Clandestine Designs of his Enemies abroad These require an Atlas to support this immense Structure of Government The Imployment of many under a Prince These require many Hands of the roughest delicatest and strongest many Feet of the swiftest and steadiest many strong Shoulders and brawny Arms many severe commanding or charming Eyes many wise subtle and toyling Brains infinite Varieties of Tempers and Dispositions which must be directed ordered and imployed by that presiding Soul that every where in every part and in all seasons must give Life and Energy to all its Members Faculties and Imployments Furthermore A Prince much concerned foâ— his Fame the Actions of Princes after their deaths will be judged (i) Suum cuique decus posâ—â—â— it is rependit Tacit. 4. Annal. without Flattery and Varnish As after Death and Corruption of parts the Vertues of Kings perfume their Graves ennoble and by Examples refine Posterity and leave a taste of immortality behind out-living their Marble So if they rule ill they cannot think by their (k) Praesenti potentia extingui posse sequertis avi mâ—moriam Id. present Power to extinguish the memory of the next Age saith the judicious Historian Therefore Lipsius saith ‖ Post fata nullus est locus nullum tempus quo funestorum Principum manes a posteris exeâ—rationibus conquiescent After their Deaths there is no place then or time wherein the Ghosts of detested Princes will be free from Execration Since therefore Kings are like heavenly bodies cause good or evil times have much Veneration but no rest since their Examples are constantly imitated so that as * Aâ— virtutem ille praeit sequimur aâ— vitia inclinamus bene beateque agit sloremâ—s improspere labimur aut ruimus cum illo Epist ad Polit. Flexibiles in quamcunque partem duâ—imur a Principe sequaces Panegyr Lipsius saith If a Prince lead to Vertue we follow if to Vice we easily bend to it if he live happily we flourish if unfortunately we fall into the praecipice with him Or that of Pliny be true That Subjects are mostly plyant and easily handed into whatsoever way the Prince leads it necessarily follows That this Consideration must bring a great Addition to their Cares For such elevated Souls must needs undergo great Anxiety how to comport themselves so as being conspicuous in Vertue and Conduct they may be secure of good Report For as (l) Omnia facta dictaque Principis rumor excipit nec magis ei quam Soli latere contigit 1. de Clem. Seneca saith Fame wafts abroad all the Deeds and Works of Princes that they cannot more lay hid than the Sun Hence Possibly we may conclude the Reason of that Inscription on Constantine's and others Coyn Soli invicto Comiti For as the Sun not only by his Light and enlivening Heat brings that unspeakable benefit to the whole Earth and living Creatures as a King is to do to his Subjects so by its Diurnal Motion we discover it never to be at rest Therefore it must be a great Care in a Prince that is placed in his Kingdom as the Sun in our Vortex whereby his Actions can never be long hid
porrigitur The Romans after they were a Commonwealth hated the Name of King Pliny As the Back of the Right-hand with a kind of Religiousness is desired so with an assurance of Faith it is stretched out This Name of King was among the Romans after they setled themselves under the Government of a Commonwealth reputed so contrary to their Liberty as implying in its Office too great an Absoluteness of Power that in solemn memory of its being cast out by Brutus they yearly celebrated on the Seventh of the Kalends of March our Twenty third of February their Feast Regifugium And lest the giddy Multitude might desire again to have a King they prohibited that no Concourse for Merchandise should ever happen upon the Nones of any Month King Servius Tullius his Birth-day they knew was in the Nones but not of what Month therefore they provided it fearing saith (i) Veriti ne quid nunâ—inis collecta universitas ob Regis dâ—siderium novaret Saturnal c. 13. Macrobius lest the Multitude gathered together at such Fairs should innovate any thing by the desire of a King And (k) Regem Romae posthac nec Dii nec homines esse patientur De Divinatione cap. 2. Cicero though he acknowledged that Caesar was revera Rex fully a King in Power yet upon hate that continued of that Title tells us That hereafter neither Gods nor Men would permit any to be King of Rome Therefore to palliate as Mr. (l) Tit. Hon. cap. 2. Augustus denies the Title of King Selden saith some part of his Ambitions Caesar himself being saluted King by the Multitude withal perceiving that it was very distasteful to the State by the Tribunes pulling of the white Fillet from his Laurel answered Caesarem se non Regem esse refusing it utterly and consecrating the Diadem which Anthony would have often put upon his Head to Jupiter Yet the whole People were sensible that his Authority differed only in Name from that of King as appeared by his Sentiment of it who subscribed Julius his Statue with Brutus quia Reges ejecit Consul primo factus est Hic quia Consules ejecit Rex postremo factus est Thus much may suffice to shew Because the Absoluteness of Kings was against their Liberty That the Romans judged a King to have such Absoluteness as in their Free-State was not to be endured when as in the Change to Emperours they underwent more by some of their Arbitrary Rulings than they did under Kings And though the Terms were milder yet the Yoke of them was heavier But such is the Nature of the Multitude that if their Governours keep but the old Name of the Magistracy they readilier yield Obedience to them such power hath Custom This Observation made Cromwel content himself with the Name of Protector under which by his Arts and Army he exercised more Arbitrariness than ever had been by any King of England I come now to the Title of Emperour This at the first only denoted a General or Leader of an Army Title of Emperour first as General So Julius Caesar having made himself Master of the Roman Free-State thought it safer to retain than innovate his Title of Supremacy Therefore having the perpetual Office of (m) Honores nimies recepit ut continuum consulatum perpetuam Dictaturam praefecturamque morum insuper praenomen Imperatoris Sueton. de Jul. Caesare Dictator and Consulship with the place of General or Imperator as the word had Relation to his Military Force he took that also being as willingly given as the rest for a perpetual Title this Title of Imperator being assumed both by Brutus and Cassius as appears in their Coins though they pretended to be the greatest asserters of the Roman Liberty and the like occurrs in the Coins of Antonius Lepidus and the thirty Tyrants and others This Title of Imperator is said to have been a (n) Vita Jul. Cas 〈◊〉 Praenomen by Suetonius but it was often used after it which when it was it denoted either only or chiefly some great performance by Arms in setling or encreasing the Empire but when a Sirname in those elder times it signified only the Emperor's Supremacy in the State so in the Coin of Augustus where the Inscription is IMP. CAES. AVG. IMP. IX TR. P.V. The Fore-name Imperator signifies his Supremacy and the latter signifies he had been General and as such it may be deserved a Triumph nine times The TR. P. V. For Tribunitiae potestatis quintum shews how often he had been Tribune of the People which was every Year renewed therefore in that the number of the Years of their Empire was expressed as (o) Cassius Hist 53. Dio observes So that what Tacitus relates of Tiberius was most true that eadem Magistratuum vocabula he retained the old Names of the Magistrates so that the first Emperors Authority and Soveraignty consisted in the Power of the Consuls Dictator Tribunes of the People and the Title of Prince Title of Prince The Title of Princeps Principatus and Principium were proper Names also for these Emperors and their greatness therefore (p) Augusius cuncta discordiis civilibusfessa nomine Principis sub Imperium accepit Tacitus saith that Augustus took the Empire under the name of Prince all being wearied with civil Discords though Suetonius saith of Caligula that Title was wanting but that he should suddenly take the Diadem and change the show of a Principality to the form of a Kingdom Now it is to be observed as the Title of Emperor was taken from the Military Employment of a General so this of Prince signified the Superiority of them in the Senate For the Title of Princeps Senatus was known familiarly in Rome and so might upon that Ground be used without Envy Concerning the Grecians using 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Emperor the difference betwixt the Eastern and Western Empire about both their Titles and the more modern use of both I must referr the Inquisitive Reader to the often but never too much to be commended (q) Titles of Honour par 1. c. 2. Mr. Selden and shall only note out of him that divers Civilians especially of Italy and Germany which profess the old Laws of Rome tell us That the Emperor is at this day of Right Lord of the whole World or Earth as their Text also (r) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 F. ad Leg. Rhod. The Roman Emperours not Lords of all affirms besides divers other flattering Passages in good Authors of the ancient Empire as that of Corippus to the Emperor Justin Deus omnia Regna Sub pedibus debit esse suis And Julius Firmicus (s) Totius orbis terrarum spacium Imperatoris subjacet potestatibus etiam ipsum eorum Deorum numero constitutum esse quem ad sacienda conâ—ervanda omnia Divinitas statuit universalis Mathes lib. 2. c. 33. hath this courtly Expression That the Compass of the whole Globe of
as well as Norway which was the reason why William the Conquerour understanding that the Danish Law was used in that part where the Danes had settled themselves he preferred them before other Laws because his Country of Normandy was sprung from the Danes and Norwegians and it was with much difficulty that he was perswaded against imposing them upon the whole Kingdom saying the Danes and Norwegians were as sworn Brothers with the Normans These Danes entred about the year 790. and were at last overcome by King Alfred and by agreement betwixt him and Guthrun King of the Danes who governed the Kingdom of the East Angles and Northumbrians Guthruns People enjoyed the Danish Laws which differed from the other in nothing so much as the proportion of the Mulcts King Edward the Elder Aethelstan Edmund and Edgar made Laws but from the time of Edgar to Edward the Confessour the Danes having the principal Command the Danish Laws mostly prevailed But Edward the Confessour of these three Laws composed one which saith the Monk of (d) Lib. 1. c. 50. Edward the Confessor 's Laws composed of all Chester are called the Common Laws and to his Days were called the Laws of King Edward By all I have hitherto noted concerning the Laws either made in Germany France Lombardy Burgundy Bavaria or other Countries after they came to have any established Government of their own or in England during the Heptarchy It is apparent whoever was Soveraign imposed the Laws which as to the Saxons in the next Chapter I shall make particularly appear When the Roman Imperial Law began to be disused That the Roman Laws begun to be disused as soon as their Empire declined and was broken is as manifest for these several Nations by the appointment of their Soveraigns had their unwritten Customs and Laws revised and according to the suitableness of them to the Government of their People had them writ into Books and enjoyned them to be observed by their Subjects To make it evident that the Imperial Roman Law was much disused after Justinian's time upon the account of other Soveraignties being established which acknowledged not that dependence upon the Empire as formerly I shall offer something from Mr. (e) Notes upon Fortescue p. 20. Selden who if any other is to be credited in this kind of reading after I have said something of Justinian The Emperour Justinian (f) Proaem de Consirmatione Institutionum Of Justinian 's Laws in the year of our Lord 565 by the help of Tribonian Master and Exquaestor of the Sacred Palace and Exconsul and of Theophilus and Dorotheus Illustrious Men of whose Skill and Knowledge in the Laws and their Fidelity in observing his Commands the Emperour had manifold experience of Although he had commanded them by his Authority and Perswasions to compose those Institutions that the Subjects might not learn the Law from (g) Non ab Antiquis Fabulis discere sed ab Imperiali splendore appetere Breviter expositum quod antea obtinebat quod postea desuetudine inumbratum Imperiali remedio illuminatum est Legimus recognovimus plenissimum nostrarum constitutionum robur eis accommodavimus Ancient Fables but from the Imperial Splendor as he calls it desire them and after fifty Books of Digests or Pandects and four Books of Institutions were made in which were expounded whatever before-time was used and what by disuse was obscured by the Imperial Remedy was Illuminated and he had accomodated to them his fullest Authority and had appointed them to be read and taught at Rome Berytus and Constantinople and no where else Yet the body of the Civil Law was so neglected that till Lothar the Second about the year 1125. took Amalsi and there found an old Copy of the Pandects or Digests it was in a manner wholly disused Under that Lothar the Civil Law began to be profest at Bologna and one Irner or Werner made the first Glosses upon it about the beginning of Frederick Barbarossas's time in Anno 1150. and Bologna was by Lothar constituted to be Legum Juris Schola una sola (h) Sigon de Regno Italiae lib. 11. 7. This Book Lothar gave to the Pisans by reason whereof saith Mr. Selden it is called Litera Pisana and from thence it is now removed to Florence where in the Dukes Palace it is never brought forth but with Torch-light and other Reverence By this account we may note That even before Justinian's time some Laws had been rather by old Traditions which he calls old Fables than by certain Authority received others were by long disuse forgot and after they were thus established by Imperial Authority yet the succeeding Barbarity of the Ages and the new Kingdoms erected caused other Laws to obtain Force the first of which we find very rude All the first Laws we read of in any Nation seem either so comparatively to the refinedness of the Laws in these Ages or else the Digesters and Authorizers of them complain how obscure rude or indigested those were out of which they extracted theirs The great Subversion the Saxons made by their Conquest The Saxons made so great and universal a Subversion in the State that scarce any City Dwelling River Hill or Mountain retained its former Roman or British name so that we have less reason to expect any satisfactory account either of British History Polity or Laws when we only know where they had Camps Stations or Cities Palaces or Fortifications or Temples by the Coyns Brick tessellated Pavements Glass Earthen or Jett Fragments of Cups and other Houshold-stuff or Urns and Sacrificing Dishes which by chance have been found in the Rubbish of many Towns that have been certainly fired and totally demolished which sufficiently disâ—â—ver the noble Structures and rich Furniture the Romens and Britans had before the Saxon Invasions Besides which we may consider not only the continual Wars and Depredations the Saxons made one upon another but that the Daves like a fatal Hurricane or Whirlwind tore up Root and Branch every where overturning ransacking burning and destroying all that they could not peaceably possess Having thus far treated of the State of the Britans and something of the Laws in general A short Glossary of the Names or Titles of the Constituent Parts of Great Councils as a Praeliminary to the better understanding who are meant by the Persons who we find do constitute the great Councils I shall out of Sir Henry Spelman Somner and Doctor Brady give a very short Glossary referring the curious Reader to the Books themselves The most common Words in the Saxon Laws that are used besides the Bishops The Witan or Wites Einhard divides the Germans into four sorts of Degrees the Noble Free-men those made free and Servants his words are Quatuor differentiis gens illa consistiâ— Nobilium sâ—iliâ—et Liberorum Libertorum atque Servorum Adam Brem Hâ—â—t Eccles c. 5. to express the Persons
with the Ensigns of their Offices some of the Nobles being appointed to carry the Sword and the Cap of Maintenance Three great Gilt Maces are carried See for this more fully Elsyng's Method of holding Parliaments p. 86. and all the Heralds attend in their Cloth of Gold Coats The two Archbishops and Bishops in their Robes sit upon Benches next the Wall on the Right-hand and the rest of the Great Officers that stand not by the State and all the Nobility in order upon the Bench on the Left-hand or on the Forms that stand in the middle where also sit the Judges Master of the Rolls Secretaries of State twelve Masters of Chancery Atturney General Solicitor General and Clerk of the Crown and the other Clerks Assistants which it is not my business exactly to describe The King being Seated when it 's his pleasure Leave given to the Commons to chuse their Speaker the House of Commons are sent for who standing bare at the Lords Bar attend the King's Speech and the Chancellor's and then have leave to chuse their Speaker whom commonly some of the Members of the House that are of the King's Privy-Council propose and if any one oppose it (u) Hackwel p. 127. he is to name another But I shall refer the curious to Mr. Elsyng and others that treat of this at large Sir Edward Coke (w) 4. Instit p. 8. saith That though the Commons are to chuse their Speaker yet seeing that after their choice the King may refuse him for avoiding expence of time and contestating about it the use is as in the Conge de eslier of a Bishop that the King by some of his Privy-Council as in this present Parliament was done by the Earl of Middleton on of his Majesty's Principal Secretaries doth name a discreet and learned Man whom the Commons elect for without their Election no Speaker can be appointed for them because he is their Mouth and trusted by them and so necessary as the House of Commons cannot sit without him So that if he be totally disabled by grievous Sickness another must be chosen in his place as he instanceth in Sir John Cheney 1 H. 4. and Sir John Tirrel Whether the two Houses sate together 15 H. 6. But whereas (x) 4. Instit c. 1. sect 2. he affirms that in antient time the two Houses sate together and the surest mark of the time of the division of them was when the House of Commons had a continual Speaker Mr. Prynne (y) P. 8 9. in his Animadversions hath made the contrary very clear by several Records wherein it 's expresly said they consulted apart as particularly in 6 E. 3. (z) Et les Chivalers des Countez Gents du Communs par eux mesmes Rot. Parl. 6 E. 3. num 6. at York the Prelates Earls Barons and great Men by themselves and the Knights of the Counties and the People of the Commons by themselves treated of the Business propounded to them Another (a) Freeholders Grand Inquest p. 19. saith That if Sir Edward means the Lords and Commons did sit and vote together in one Body few will believe it because the Commons never were wont to lose or forgo any of their Liberties or Priviledges and for them to stand now bare where they were used to sit and vote upon this Supposal is an alteration not imaginable to be indured by them and when we consider the sole Power of Judicature in the Lords and who the Burgesses were in old times it still makes it more improbable and it is to me a very remarkable thing that neither in History or Record any thing is to be found that will clear this doubt However it is certain that (b) Rot. Parl. 50 E. 3. num 8. 50 and 51 E. 3. the Commons had a Speaker and Sir Edward Coke (c) Coke Instit 4. p. 255. saith that the accustomed (d) Ancient Place saith Elsyng p. 84. place of that thrice worthy Assembly of the Knights Citizens and Burgesses of Parliament when held in Westminster was in the Chapter-house of the Abbat of Westminster and it continued so till the Statute of 1 Ed. 6. c. 14. which gave the King Colleges free Chappels c. whereby the King enjoyed the beautiful free Chappel of St. Stephen founded by King Stephen which had Lands and Revenues of the old yearly value of 1089 Pound ten Shillings five Pence since which time the Chappel thereof hath served for the House of Commons when Parliaments have been held at Westminster As Sir Edward Coke because he believed the two Houses sate together will not allow them to have had a Speaker before 50 E. 3. so on the other hand Mr. (e) Id. p. 123. Elsyng saith That the Commons ever had a Speaker none will doubt for their Consultation apart from the Lords though he thinks they often met and did sit together in one Room and then a Speaker was necessary to avoid Confusion of Speech and Argument But he brings no better Argument for it (f) Lib. Sti. Albani Bibl. Cotton fol. 207. than that Petrus de Mountfort (g) It should be 42 H. 3. That Peter Mountfort was not Speaker of the Commons House 44 H. 3. signed the Letter to Pope Alexander touching the recalling of Adomar elect Bishop of Winchester from Banishment Wherein they say if the King and the Regni Majores hoc volent Communitas tamâ—n ipsius in Angliam jam nullatenus sustineret and this was sealed by all the Lords and by Peter de Mountford vice totius Communitatis which he saith sheweth plainly they had a Speaker In answer to which I suppose it a great mistake to say that Petrus de Mountfort signed the Letter vice Communitatis which either ignorantly or willfully is Printed in Mr. Elsyng Comitatus for (h) Additament Math. Paris 1132 1133. Anno Dom. 1258. 42 H. 3. ult Edit Matthew Paris who relates the whole Story saith it was signed by ten Persons who were all great Barons vice totius Communitatis and the Preface of the Letter shews it was Communitas Comitum Procerum Magnatum aliorumque Regni Angliae and this aliorum can mean only the Milites which held by Military Service of the great Barons and the lesser Tenents in Capite which were no Representatives of the Commons as our Knights Citizens and Burgesses at this day are and the Inscription of the Popes Letter shews who he understood this Communitas to be when he superscribes it dilectis Filiis Nobilibus viris Consiliariis clarissimi in Christo Filii nostri illustris Regis Angliae ac caeteris Proceribus Magnatibus Regni Angliae Now the Persons that subscribed this are thus ranked by Matthew Paris R. de Clare Gloverniae Herefordiae S. de Monteforti Legriae E. Bigod Marescallus Angliae H. de Bohun Hertfordiae Essex W. Albemarle J. de Placeto Warewici Comitis H. Bigod Justiciarius Angliae P.
the personal Will and Power of the Sovereign himself standing in his highest Estate Royal. Therefore whoever reads the Authors that writ in defence of the Parliament must consider this Fallacy they frequently used that he do not apply the Authoritative Act of the King with the Consent of the two Houses to the Houses without the King From the Co-operation of the two Houses in preparing Laws (b) Freeholder's Grand Inquest p. 34. the late 〈◊〉 since King Charles the First 's time of the words The King is not one of the Three Estates Be it endâ—ed by the King the Lords Spiritual and Temporal and Commons as if they were all Fellow-Commissioners and the unwariness of some of the Penners of the King's Answers to some of the Papers of the two Houses wherein they stiled the King the third Estate the Commonwealths-Men have taken the advantage to reckon the King but as a third Legislator Therefore I think it necessary to remove this Rub e're I proceed further Although the Author of the Imposture The Modus makes the Parliament to consist of six Parts called the modus tenendi Parliamentum makes six degrees of constituent Members of the Parliament viz. The King first then Secondly the Archbishops Bishops Abbats Priors and other Clerks who held Baronies Thirdly the Proctors of the Clergy Fourthly the Earls Barons and other great Men who held to the value of a County or Barony Fifthly the Knights of Shires Sixthly the Citizens and Burgesses to which he might have added the Barons of the Cinque-Ports yet he saith the King is the Head Beginning and End of the Parliament and so hath no (c) Ita non habet Parem in suo gradu Peer in his degree Yet it plainly appears that these we now call the two Houses were by reason of their distinct Orders most frequently divided into three For in (d) As queux Prelats ou la Clargie par eux mesmes les Countes Barons par eux mesmes Chevalers Gentz de Countez Gentz de la Commune par eux mesmes entreteront Prynne Animadv p. 10. 6 E. 3. at his Parliament at York the Record saith That on the Friday before the Feast of St. Michael the Prelates or the Clergy by themselves the Earls and Barons by themselves the Knights of the Counties and the Commons by themselves treated c. Othertimes we find the Prelates Earls Barons and great Men and the Knights Citizens and Burgesses to have separate Consultations by themselves and to give their several answers to Articles and business propounded to them in Parliament as Mr. Prynne out of the Abridgment of the Records of the Tower hath given us above twenty instances At the making of the Statute of Praemunire 16 R. 2. the Commons pray The Lords Spiritual Lords Temporal and Commons make the Three Estates That the Lords as well Spiritual as Temporal severally and all the Estates of Parliament might be examined how they thought of that matter and the Lords Spiritual answered by themselves and the Lords Temporal by themselves and the King was Petitioned to make this Examination So in 40 E. 3. the King asking the Houses Whether King John could have subjected the Realm as he did the Prelates by themselves and the Dukes Earls and Barons by themselves gave their Answer Besides we find as at large I have before instanced in the last Chapter the Writs of Summons of the Bishops and Clergy were only in side dilectione and the Barons generally (e) Stat. 18. â— 6. c. 1. in fide homagio or Ligeancia and the Clergy granted their Subsidies apart and distinct from the Nobles Besides that the Bishops are to be esteemed the Third Estate is clear by Act of Parliament for it being questioned (f) 8 Eliz. c. 1. whether the making Bishops had been duly and orderly done according to Law the Statute saith That the questioning of it is much tending to the slander of all the Clergy being 〈◊〉 of the greatest States of the Realm So Sir (g) P. 36. Thomas Smith as in the last Chapter I have noted distinguisheth the two Houses into three Estates and Sir Edward (h) 4. Instr p. 1. Coke saith expresly That the High Court of Parliament consisteth of the Kings Majesty sitting in his Royal Politick Capacity and the three States of the Realm viz. the Lords Spiritual Lords Temporal and Commons the like the learned (i) Interpreter tit Parliament Cowel affirms Sir Henry Spelman (k) Solenne collequium omnium Ordinum Regni Authoritate solius Regis ad consulendum statuendumque de negotiis Regni indictum Gloss p. 449. calls it a Colloquy of all the Orders of the Kingdom convened by the sole Authority of the King to consult and appoint in the Affairs of the Kingdom This was also known to Foreigners uninteressed Persons for the Lord Argenton speaking how Subsidies were granted in England saith * Lib. 5. p. 253. Convocatis primis Ordinibus Clericis Laicis assentiente Populo And Bodin ‖ De Repul lib. 6. whenever he speaks of the Constitution of our Parliament calls it the King and the three Estates of the Realm But to put all out of doubt in King Charles the Second's Reign it is determined in the Act for the Form of Prayers for the Fifth of November For the Preservation of the King and the Three Estates Now the reason why in King Charles the First 's answer Why in some of King Charles the First 's Writings the King was called the Third Estate we meet with the expressions of making the King the third Estate was because at that time the Bishops being voted out of the House of Lords and the two Houses setting themselves in all the points of Controversie in opposition to the King the notion of a Triumvirate was more intelligible as it may be thought to the People and those who were so bitter Enemies to the King and had such a Rebellious force would have still increased the Peoples aversion if the King had asserted his Royal Prerogative otherwise Whether this were the true reason or the oversight of the Penners of his Majesties Answers I will not undertake to determine but I am induced to believe the first because I find the King and those that writ in defence of his Cause using frequently this way of Argument In every State there are three Parts saith (l) Review of Observations one the King ordered to write for him capable of just or unjust Soveraignty viz. the Prince Nobles and People Now through the Piety of our Lawgiving Princes a just and regular course of Government being obtained the stability of which being found to be more concerned in the Power of making Laws than in any other Power belonging to the Soveraign for preventing of Innovations that might subvert that setled regularity the frame and state of Government was in such a sort established as that the
expelled the House but if a favourer of the Cause he was never recriminated with that or any other by-past or present ill disposition In such Assemblies there often happen one sort of People who are always representing grievances complaining of Male-administration troubling the Church and State shaking up the Lees and Dregs in the richest Vessel of Wine these have learned to catch Eels Tacitus notes the corruptions of the Roman Senate The Corruptness of the Roman Senate which necessitated the change of that State into a Monarchy under Augustus fully significantly and concisely after his manner Suspecto Senatus Populique imperio ob certamen Potentium avaritiam Magistratuum invalido legum auxilio qua vi ambitu postremo pecuniaturbabantur The Provinces observing in this Supremacy of the Senate and People the contests of the most Powerful the Covetousness of the Magistrates the feeble help the Laws afforded by the Arbitrariness of the Senate we may presume by what force and moyen and lastly how all things were distracted by Bribery they were the more easily induced to admit of one Soveraign These particulars were most obvious in the fatal House of Commons Besides these things I have hinted at Of cunning and designing Men. in such a body as we are speaking of where there cannot want men designing some dangerous Revolutions for the establishing their own greatness though some few wise men may be apprehensive of their designs yet we know maxima est pars artis celare artem Such contrivers will be sure by all imaginable Arts to conceal their intentions and obtain an Ascendent over the Judgment of the gross Body who either are not so quick-sighted or aiming at no such things themselves judge others candor by their own and so by their helps the designers may carry the Vote against even such as penetrate further into the aims of the Contrivers than the Majority do so that those that have good ends may be hood winked by others whose ends are worse Fallit enim vitium specie virturis umbra and private ends will steal upon well affected for all grand Conspiracies are veiled under the Mask of Reformation of removing Grievances and evil Counsellors Gallant and vertuous actions do not more often ingratiate men with such a mixed body than a rolling Tongue a precipitate Head vain-glorious profusion oyly insinuations feigned devotions sufferings though deserved from Superiours and above all opposition to the present State So the memorable long Parliament of 1641. by the specious pretences of redressing Grievances The specious Pretences of the Long Parliament taking care of the Public and particularly of the Liberty of the Subject and their Privileges together with vehement Expressions of their Resolutions of Establishing the Kings Throne upon more firm foundations of the peoples Hearts and Affections by insensible Screws wound themselves into the credit of Patriots and being thereby able to carry a numerous party with them in all their Votes by little and little made such encroachments upon the Soveraignty that having undermined it past support they took the advantage of its fall and ruine out of the same specious pretence that the Commonwealth might suffer no detriment to propose their long designed Model of Government not as by them forethought on but as a necessary expedient to accomplish the end as they pretended they had all this while been aiming at viz. the Peoples prosperity which 〈◊〉 they endeavoured to make the World believe they were most Zealous for when God knows the upshot of all was the total dissolution of the best constituted Government and the Establishing themselves a fattened Commonwealth out of the rich spoils of Monarchy Yet these very men were they who some years before possessed as many as they could delude with an opinion Their Hypocritical Promises that none knew better nor affected more the sweetness of so well ballanced a Monarchy than they and that the Kings just Authority was Sacred to them that they would make him more rich and glorious than any of his Predecessors The Observer told the World That it had been often in the Power of former Parliaments to load the Government with greater Fetters and Clogs but they would not and that change of Government could not be in their desires because the advantage of the Lords and Commons in the State was so great that no change of Government could better them except each one could obtain an hereditary Crown But these were but vain flourishes and empty aiery offers success altered their Principles and they were ill troubled to find out excuses and evasions after the Murther of the Blessed King and change of Government for these their so hypocritical Declarations From all which I shall only desire that Posterity may be cautious how they credit the truth of those who in such Conventions are the most active for any Innovation if they see that they zealousliest pretend some greater happiness to the People by lessening the Authority of the Crown It is reported of Frederick the Emperour (c) Aeneas Sylvius de diaetis Fred. Imp. that in the Speech to the Senators he desired them before they entred into the House of their Assembly they would leave two things behind them and then they would give right Judgment and being asked what those were he told them Simulatio dissimulatio Counterfeiting and Dissembling Another of their Arguments How many Counsellors may mislead for the preference of the Houses Counsel before all other Councils was that many Eyes of so many choice Gentlemen from all parts see more than fewer which Sophism easily midwived in the conclusion that then the two Houses judgment of Affairs was to be preferred before the King and his Privy Councils and the Commons before the Peers and by a parity of Reason though they desired not it should be urged so far home that the body of the People was to be preferred before the Commons House which might be urged upon as common a Proverb That By-standers see more than Gamesters But who are so blind as those that will not see Those very Seers if they would have made use of their Eyes to have perused the Histories of former Ages on what specious pretensions Rebellions had begun and how the Laws had settled the Government in an unparallel'd security of the Peoples Rights as well as the Prerogative of the Crown or by serious consideration foreseen the certain and inevitable miseries that would follow the weakning of the Crown and the necessitating the King for his defence to take up Arms these quick-sighted Commoners might have prevented all those Calamities that ensued The Elected like the Electors Whoever considers how easie it is to possess a People with prejudices against the Government of which elsewhere I must enlarge will soon find that it is no difficult matter to have such Elections of Members as were like to be of the same perswasion with the Electors So that
as they foresaw would thwart their designs as Seducers of the King and men of Arbitrary Principles thereby to have them wholly removed from him as we have had Addresses of a later date from an House of Commons against some great wise and Loyal Lords by which severing from him such a body of his faithful Advisers Their Design to remove some Privy-Counsellors that some of their Party might be introduced and dangerously depriving him of the constant means which the Law hath specially ordained him for his support some of them endeavoured to get into their places as was notoriously known to have been proposed that if several of the leading men might have had chief places and honours they would have let the Earl of Strafford live as in another Treatise I hope to make clear and by that meanâ— not only have enriched themselves but have had the guidance of Affairs of State and so by little and little brought about the Promotion of their friends without regard to the Publick If we impartially consider the unreasonableness of this proposal we shall find The Mischiefs that would follow upon the Parliaments nominating Privy-Counsellors that by granting it we must expect to suffer all the evils which Faction can produce This were the ready way to kindle a fire in our bowels which would first break out in our Country Elections and divide the Families by irreconcileable hatred For it cannot be imagined but that Power would bandy against Power and Relations against Relations See Answer to Observations to put a Son or Kinsman into the road to preferment nor could the flames be quenched but burn more vehemently even in the house to which the insolence of some obtaining Offices to which they are not fit the shame and discontent of others repulsed and the ambition of all would be continual fuel and the greatest misery of all would be that were the corruption never so great we could have but slender hopes of redress since the prevailing Party jealous of their honour would constantly maintain their choice and perhaps it would be necessary for them one to wink at another as it was manifestly seen in the long Parliament when the most known Offenders and active Instruments of the Peoples miseries by striking in with the prevailing Party were more safe than innocency could make them It is enacted by King (i) 17 Car. 1. c. 10. The Limitations of the Power of the Privy-Council Charles the First that neither his Majesty nor his Privy-Council have or ought to have any Jurisdiction by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any of the Subjects of this Kingdom but that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law In the Oath of a (k) Rot. Pat. 5. H. 4. num 14. Fleta lib. 1. c. 17. Privy-Counsellor his duty is best manifested First That he shall as far forth as cunning and discretion suffereth First Particular of a Privy-Counsellor's Oath truely justly and evenly counsel and advise the King in all matters to be commoned treated and demanded in the Kings Council or by him as the Kings Counsellor Therefore Henry the Eighth wisht that his Counsellors would commit simulation dissimulation and partiality to the Porters Lodg when they came to sit in Council Secondly Second Branch uprightness That in all things generally which may be to the Kings honour and behoof and to the good of his Realm Lordships and Subjects without particularity or exception of persons not fearing or eschewing so to do for affection love meed doubt or dread of any person or persons that he shall with all his might and power help and strenghthen the Kings said Council in all that shall be thought good to the same Council for the â—niversal good of the King and his Land and for the peace rest and tranquillity of the same Therefore my Lord Cook (l) Instit par 4. fol. 53. saith these Counsellors like good Sentinels and Watchmen consult of and for the publick good and the honour defence safety and profit of the Realm they are his true Treasurers and profitable Instruments of the State Thirdly That he shall keep secret the Kings Counsel Third Branch Secresie and all that shall be commoned by way of Counsel in the same without that he shall not common it publish it or discover it by word writing or in any otherwise to any person out of the same Council or to any of the same Council if it touch him or if he be party thereof So Valerius M. (m) Nihil magis optâ—ndum quam ut rerum ger â—darum consdia qu 〈◊〉 ejus fieri poterit quam maxime 〈…〉 Lib. 4. saith Nothing is more to be desired than that the Counsels of things to be done as much as possible be secreet So Vegetius (n) Nulla sunt meliora consilia quam quae ignoraverit â—dversarius antequam facias Consilia nisi sunt abscondita exitum raro prospiciunt Lib. 3. de Re militari hath of old pronounced That no Counsels are better than those which the Adversary is ignorant of before they be executed for unless Counsel be hidden and secret they rarely attain their end Fourthly That (o) Rot. Pat. 11 H 4. num 28. he shall not for gift meed nor good nor promise of good by him nor by means of any other person receive or admit for any promotion favouring nor fordeclaring letting or hindring of any matter or thing to be treated or done in the Council Therefore the part of a Counsellor is Tu civem patremque geris tu consule cunctis Non tibi nec tua te moveant sed publica vota Fifthly That he shall withstand any person or persons of what condition estate or degree they be of that would by way of feat attempt or intend the contrary to the good of the King peace of the Land c. and generally that he shall observe keep and do all that a good and true Counsellor ought to do to his Soveraign Lord. CHAP. XXXI Of Ministers of State I Joyn to the Privy Council Ministers of State being they differ from them very little some in name others in degrees For there (a) St. Alban's Essays tit Honour and Reputation are several qualifications of Subjects that serve a Prince As first those that are participes curarum upon whom Princes discharge the greatest weight of their Affairs The several Qualifications of Ministers of Princes as Ministers of State and Privy-Counsellors Secondly Duces Belli such as Princes imploy in their Armies and Militia Thirdly Gratiosi Favourites such as are a solace to the Prince and harmless to the People Fourthly Negotii pares such as not only have great places under the Prince and execute them sufficiently but
also Judges and all sorts of Magistrates For as Plutarch well observes As the Master of the Ship chuseth the best Mariners The Prince's Care in chusing his Ministers the Architect the best workmen so a Prince should imploy those that are fit to administer the Affairs of the Commonweal (b) Vt Gubernator optimos quaerit Nautas Architecton doctissimos Ministros ita Principes eos asciscunt qui ad Rempublicam administrandam sunt idonei Generally it is requisite that Princes chuse such as are more sensible of duty than of rising and such as love business rather on Conscience than upon Bravery and it is fit to discern a busie nature from a willing mind for some are impatient of privateness saith my Lord St. Albans even in Age or sickness like old Towns-men that will be still sitting at the street-doors though thereby they offer Age to scorn Therefore as it is necessary that Ministers of State should be subservient to the Soveraign so it is most requisite that a Prince should be careful in his choice of such as may most beneficially serve him and the Publick Some seem fit for Imployment and yet in places disappoint expectation Omnium consensu capax imperii nisi imperasset saith (c) So Tacitus of Galba lib. 1. Hist Alieno Imperio felicior quam suo vetus in familia nobilitas magnae opes ipsi medium ingenium magis extra vitia quam in virtutibus P. 197. Edit 5. Lips Major privato visus dum privatus fuit 1. Hist c. 11. Tacitus of Galba That in the opinion of all he was capable of Empire if he had not discovered his insufficiency when he was Emperor Therefore it is noted as a good Character of Piso (d) Quo nemo validius otia dilexit aut facilius suffecit negotia magisque quae agenda suntegit sine ulla ostentatione agendi Velleius Paterc Actu otioso simillimus That none more vehemently loved recess from business or with more ease underwent imployment or effected those things which were to be done more actively and without any ostentation So (e) Annal. 13. Edit Lips 5. p. 138. Integre sancteque egit procax otii potessati◠temperantior Tacitus saith of Otho when he governed Portugal that he was one loosely given when he had little to do but in Office and Rule more stayed and temperate Such a person is truly qualified for great Managery it being an assured sign of a worthy and generous Spirit whom Honour amends Vertue in the Ambitious being violent and in those in Authority settled and calm For Honour is or should be the place of Vertue power to do good being the true and lawful end of aspiring and Conscience of the same is the accomplishment of Mans rest Men in great places saith one (f) St. Alban's Essays p. 42. How Great Ministers are Servants who made a great figure in his time are thrice Servants First to their Soveraign or the State Secondly Servants of Fame Thirdly Of business So that they have no freedom either in their Persons Actions or Time their rising is laborious their standing slippery their recess either a Downfal or Eclipse so that they had need borrow other mens opinions to think themselves happy for if they judge by their own feeling they cannot find it for though Tacitus saith Sunt plerumque Regum voluntates vehementes inter se contrariae and though they serve a more benign Prince yet they will find many they deal with either vehement in their Wills or irresolved However the fatigue is so much the greater when the Port cannot be gained without doubling and tacking to save the Wind. Therefore it is most necessary The necessary Qualifications of Ministers of State that great Ministers of State have extraordinary Accomplishments both in dexterity of dispatch vast comprehension vertuous resolvedness and prudent cunctation Nam occultat eorum semina Deus plerumque bonorum malorumque causae sub diversa specie latent Panaegyr For as Pliny well notes In most matters the Deity hides the seeds of things and mostwhat the causes of good and bad things lye hid under the contrary appearances So that it requires a great sagacity in a Minister of State to foresee what the effects will be of Causes and Councils when there may intervene so many by-accidents that can neither be foreseen nor prevented Therefore not only great wisdom is required 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist ◠Ethic. c. 8 but great experience and when Ministers of State are endowed with these qualifications whatever the event be yet they are not to be blamed and mostly such grounded resolves succeed well For a wise man (i) Sapiens dominabitur 〈◊〉 over-rules the Stars So a Minister of State who with sufficient ability Diligence Care Fidelity Prudence and Affection Their danger of being supplanted serves his Prince and his Country which are no ways incompatible needs not fear the Detraction of some the mining of others or an inglorious downfal for the Government loseth more by such an ones laying aside than he that hath served his Prince Conscientiously justly and wisely shall lose Those whom either their lucky Stars or conspicuous accomplishments have placed within the Circle of the Court are subject indeed to the greatest danger of inglorious Exits if they be not the most circumspect of Mortals For the envious and ambitious who torment themselves that they are eclipsed by those who interpose betwixt the Sunshine of the Princes favour envy them the Glory of Administration and by cunning and artificial Insinuations of ill Conduct false measures and designs are assiduously heaving them out of their places which if upon false Suggestions they prevail to effect by successive Removals under pretence of reforming matters all things are disjointed the Cement of Government dissolved and greater Errors committed by too frequent fresh Applications 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereby the Malady is made incurable by the multitude of Physicians Amongst other Rules which Princes may find it convenient to observe in chusing ministers of State It is one of no small Moment provided they can be as well sitted that they (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be of antient Houses and persons of Fortune For Tacitus (l) Insita mortalibus natura recentem alicrum foelicitatem agris oculis introspicere 2. Hist notes That it is inbred to men to look asquint on the Advancements not so much new as of new Men who coveting too much Power and Honour by that means contract Envies For as he further (m) Nunquam satis fida Potentia ubi nimia est Ibid. observes The Power that is in Excess is not to be confided in being mostwhat Treacherous Therefore (n) Vestra vos non Principis fortur metiamini Panegyr Nihil rerum mortalium tam instabile fluxum est quam potentia non sua vi nixa Tacit. 13. Annal. Pliny adviseth That Ministers of
State should take their measures by their own and not their Princes Fortune for it is a certain Truth That the Power wears best and is most stable and durable that is founded upon Vertue and purchased by it not by any little Arts Wealth or Dissimulation according to that of Claudian emitur sola Virtute Potestas When Ministers of State desire to keep their Station they must studiously endeavour to avoid Envy and Aemulation especially not to give any occasion by their own Arrogance (o) Tanta illi comitas in socios mansuetudo in hostes visuque auditu venerabilis cum magnitudinem gravitatem fortunae retineret invidiam arrogantiam essugerat 2. Annal. Tacitus describing the qualifications of Germanicus who had the Command of a great part of the Army and the management of some Provinces saith That he was courteous and affable to his Companions merciful and mild to his Enemies venerable in his Aspect and Discourses and that while he retained the greatness and Port of the highest Fortune he avoided Envy and Arrogance which Character will very well become any great Minister of State privy-Counsellors are very well to consider that they are chosen to manage the weighty parts of Government and ease their Prince but they are not to make it their Business by little Arts of ingratiating themselves with their Sovereign to study only to get Honour and Wealth and serve a Princes time but so to act as not only the present Prince but his Successors may feel the advantage of their Administration remembring that of Tiberius (p) Principâ—s mortales Rempublicam aternam esse Tacit. 3. Annal. That Princes are Mortal but the Government Immortal which is most true in hereditary Monarchy It is an odd account that (q) Per cultum munditias copiaque affluentia luxu propier Suberat tamâ—n vigor animi ingentil us negotiis par eo acrior quo somnum inertiam magis ostentabat Idem lib. â—od Tacitus gives us of Sallustius Crispus that he imitating Mecaenas without Senatorian Dignity out-stripped in Power with the Prince many of the Consuls and such as had triumphed and that by a different way than had been before used by richness of Garb delicateness living splendidly even bordering upon Luxury yet he retained a vigorousness of Mind fit for great Employments and so much the smarter by so much as he seemed more sluggish and unactive Yea he was next to Mecaenas on whom the Secrets of the Emperors rested But withal he lets us see what old Ministers of State may expect and what they must not be troubled at if they find happen to them That in their old Age they retain the Countenance rather of the Princes Friendship than Power as he expresseth it aetate provecta speciem magis in amicitia Principis quam vim tenuit The State Mountebanks of 1641. that they might make the Ulcer seem greater The Arts of the Long Parliament to remove Ministers of State and more dangerous for the advantage of larger Application first aggravated the Grievances the People lay under by the ill conduct of the prime Ministers of State and by the representing a plausible Idaea of better Government if they might have the modelling of it courted by little and little the well meaning and captivated them with a fair view of its speculative Excellence whereby their Fancies were raised to the expectation of a golden Age and the cunning and intrieguing Factors pretending to have no other design but to take care of the publick gained to themselves the Honourable name of Patriots Having thus tickled their Proselytes and gained their applause their next work was to pickeer some great Officers and Blackening them with the name of Male-Administrators or corrupt Officers slily endeavoured to obtain an Opinion of their own incorruptness whereas their great design was only to displace such to make Niches for their own Statues and when they found it was difficult to get such outed of their Preferments the People were acquainted that such and such were the only Rubs and close Enemies to the State and when they could have no particular Evidence against them then they made the People believe that such managed their Designs so much more closely and secretly whereby they could get no publick Proof against them and so they left them to the Precondemnation of the People which served for Jury and Witnesses and being thus presented as ingrateful Monsters to their County they were baited in every Coffee-house and Ale-bench till at last the loud Cry runs through the Woods and Lawns and every one was armed to destroy those reputed Wolves and Foxes that were believed would destroy their Flocks and all the Umbrages of Mis-Government the real or imaginary Infelicities were heaped upon the Animals designed for Sacrifice and they were singled for victims to conciliate better times And thus such Designers being prosperous in their Undertakings against the great Minister of State the most renowned Earl of Strafford whose Fall succeeding Ages will never forget they singled out others by way of Impeachment both Bishops and Judges as was most conspicuous in our late Troubles imitated by the Slingers of Paris which is and ever will be the usual Method of all who design to introduce a change of Government Therefore wise Princes when they have chosen and had Experience of the Ability and Fidelity of such Ministers of State are careful to shelter them from the Attacques of the Envious and Ambitious For these of all others should be such as have an humble dutiful and diligent Love for their Prince and his true Service therefore it is unsafe to abandon them if such That of Micipsa (r) Non Exercitus neque Thesauri praesidia Regni sunt verum amiei Sall. Jug being most true That neither Armies or Treasures are so sure Defences of a Kingdom as true Cordial Friends So (s) Praecipuum Principis opus esse amicos parare Panaegyr Pliny tells Trajan It is the chief work of a Prince to procure Friends Of such as these it is that (t) Ego ita comperi omnia Regna Civitates Nationes usque eo prosperum Imperium habuisse dum apud eos vera consilia valuerunt Vbieunque gratia timor voluptas ea corrupere post paulo imminutae opes deinde ademptum Imperium Sallust ad Caesarem Sallust saith he hath found that all Kingdoms Cities and Nations have had Prosperous Empire while true Councils have prevailed but where Favour Fear or Pleasures have corrupted them they have grown poor and lost their Rule Above all Princes should avoid Flatteries for these always give them the wrong end of the Perspective therefore (u) Pleraque ab eo vis adulationibus abiorum in melius deflexit nec tamen temperamenti egebat cum aequabili auctoritate gratia apud Principem viguerit 6. Annal Tacitus gives that Commendation to Lepidus That he converted most things to the better
from the cruel Flatteries of others and yet needed no attemperament for that he continued in equal Authority and Favour with his Prince and of Cornelianus Piso * 4. Annal. he saith Nullins servilis Sententiae sponte Auctor quoties necessitas ingrneret prudenter moderans He never was willingly Author of any servile Opinion and as often as there was need he prudently moderated I shall only annex to this what may in general serve as a Character of an able and useful Minister of State faintly drawn from a great Original Whoever designs to serve his Prince and Country in the Administration of Affairs The Method of attaining to be a Minister of State must have had a liberal Education spent a great portion of his time in diligently perusing Ancient and Modern Histories Memoires of great men the Laws and Government of his own and Foreign Countries and the best Treatises of Politicks and then consider the most judicious and accomplished Persons and amongst them such principally as in their several Stations have the Practical Part of Affairs committed to them both in Courts of Judicature the Exchequer and Admiralty and in these especially note their dexterity for their Imployments wherein their Eminencies appear how their Interests are interwoven or independent what their dispositions and inclinations are especially in their obedience to the Government usefulness to it their Treatableness Avarice Pride Ambitious or Factious Propensities as well prying into the Vices they conceal as the laudable Qualities they make themselves conspicuous by distinguishing betwixt the natural and constrained tempers of every one If such an one be not Consiliarius natus he ought to get himself early chosen a Member of the House of Commons and then diligently read all such Books as treat of that Honourable House peruse the Journals note well and weigh not only what he finds there but also all the Speeches of the leading men the force of their Arguments and the tendencies of them Mark well who are forwardest to supply the Government whose Talent lies in contriving wholesom Laws for the benefit of the Subject who are the best Orators who the subtilest or solidest who affect Popularity who are suggesting suspicions of the increase of the Kings Power who the greatest informers of Grievances who cut the Thred evenest betwixt the Royal Prerogative and the Subjects Liberties in all these well pondering the grounds upon which every one bottom their Arguments contenting himself to be an Auditor and Register for some while in his Votes following the wisest and least byassed by private Interest During the time he is under the Discipline of this Noble School he must fill up the intervals of his vacant hours either in perusing such learned Authors as treat of the Subjects have been debated in the House or in conversation with the eminentest experienced Members or with such of the Court as he may be best informed from During all which time he must intermingle the Study of the Laws of those Foreign Countries his Prince hath Correspondence with and obtain true Characters of their Ministers of State their regulation of Trade their Taxes and Gabels their Military Force the disposedness of any Parties to Faction and consider wherein his own Prince or a Foreigner hath better Laws for the good Government of the Subjects and for the preserving the Crown in Splendor and Power A Person thus qualified and fitted for his Masters Service and the publick good of his Country cannot long want an opportunity of being noted and in peacable times some Ministers of State will be desirous to obtain his assistance and will be ready to befriend him for their own advantages to alleviate their own burthens and his Prince will be desirous to be served by a Person of such a Fund If the times be turbulent and factious it is not amiss for such a Person during his Noviceship to mingle himself with the popular and Male-content Nobility whereby he may know the bottom of their designs and the plausibleness of their Pretences the strength of their Reasons as well as of their party and the tendencies of the distinct Interests that may be united in rendring the Government ingrateful to the People though not in the methods of modelling or subverting it This I must confess is a dangerous point and requires one that hath an Heart and Brain all Amulet against the infection of Disloyalty and is dexterous enough to cajole such a Party which he may the easilier do by appearing only as a rasa Tabula and desirous of following others conduct and a well wisher to his Countrey and then he shall be sure not to miss a serious courtship from that party How then to extricate himself from those Thickets Brambles Coverts or Earths wherein he hath entred to unkennel the Foxes will be a great Master-piece and requires no common agility and deliberate forethought One of the Houses of Parliament is the fittest Theatre for him to unmask himself in where he may at one great step pass over to the Loyal side which will be done with more advantage if he take some Critical time when the signalizing his Loyalty will be more useful as well as endearing to his Soveraign and when Courage and Resolution will best bestead his Affairs Then he is to discover his Talent by demonstratively manifesting his true Zeal for and justifying the Government in concurring with the faithfulest and ablest Ministers of State or putting himself in the Van and without Affectation or Passion with weighty Reasons bold and natural utterance smartness of Judgment and Learning fully determine the point in debate and as often as there is occasion re-inforce his Argument with fresh matter Here he is to set up his rest being resolved for his whole life never to desert the Interest after he hath upon so good deliberation resolved upon it This Action will soon he discovered to his Prince of whose Privy-Council if he were not before we may suppose he will soon be admitted Hither he must carry a resolution fixed and unalterable to intend solely his Masters Service and the benefit of his People that nothing of the Rights of the Crown be diminished or of the Liberties of the People be invaded Here no double or sinister dealing must enter his thoughts he must be the same in his Prince's Cabinet as at the Council-Board he must use a true and dutiful diligence above his fellows in attending his Prince's Person and his Councils must be free from unlawful Ambition Bribery and By-Ends all over Oyled that none may fasten a gripe upon him be free debonaire and affable to all he converseth with but withal wholly reserved as to the discovery of his Masters Designs Ready to prefer none but such as may be truely serviceable to their King and Country culling out and recommending to his Imployment only Sober Discreet and Useful Persons in their several Capacities and never supporting or countenancing any that once falsify expectation
By the practising of all the respective qualifications I have according to my poor Ability set down in this Chapter and that of the Privy-Council and those more excellent Methods and Rules his own great Wisdom will suggest he shall attain to a great trust with his Master and a great respect and veneration from all the Wise and Sober and shall transmit a noble Example and durable Pattern to Posterity If it so fall out that such a Minister of State cannot in some particular Affair conform his Judgment to that of his Collegues or the Resolutions of his Prince It will be glorious in him after the laying open with all modesty and strength of Reason the grounds of his Opinion to submit quietly to his Prince's Pleasure with that resignedness a Servant doth to a great Master and he will be sure to reap the benefit of it For if his Prince in the Sequel find his Counsel was sound and not ill timed he will imploy him in greater matters and with more confidence than before and if such a Minister of State find that he hath been too partial or byassed in his Opinion he will soon find his own errour and be less apt for the future to commit the like However he is and ever will be a true Servant to his Prince and a good Minister of State who ex animo and with all possible sincerity can take as much pleasure in obeying his Soveraigns Will when he is laid aside as he did in serving of him so long as he was imployed by him Tu Marcellus eras Virgâ—l lib. 6. v. 883. CHAP. XXXII Of the Kings Soveraignity in appointing Magistrates IF it were possible saith (a) In Orat. The necessity of Magistrates to supply the Prince's Unubiquitariness Libanius that Princes in their own Bodies could be every where there would be no need of Magistrates to be sent into the Provinces they themselves being able to administer Justice unto all as the Sun is sufficient to give light unto them but seeing that cannot be no more than they can fight all their Battels with their own Hands and Swords therefore they must execute their Authority by others and determine Justice and causes of right and wrong not by their own Tongue and understanding but by the Sentence of others so as the (b) Polit. lib. 3. c. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philosopher observes making to themselves many Eyes and Ears Hands and Feet It is incumbent upon the Prince in his safe keeping of his Empire saith the (c) Cicero ad Fratrem Orator that he do not exhibit himself only but all the Ministers likewise of his power to be useful to the Publick and as Plutarch (d) Praecept Polit. adds to place every one according to his capacity in his several imployment For one (e) Philo de Creatione Principis man though he have never such alacrity in body and mind cannot be sufficient to undergo the greatness and multitude of business which every day do flow upon the neck of another unless they chuse co-adjutors out of the best men of known Wisdom Courage Prudence and Piety who not only are free from Pride the frequent concomitant of Power but are abhorrers of it as an hateful and exceeding great evil For such men are most fit helpers and assistants to good and worthy Princes Therefore (f) Lib. 1. c. 10. Bodin Arnisaeus (g) Pag. 27. All Magistracy derived from the Sovereign and other Digesters of Politicks make it the third right of Majesty to appoint and constitute Magistrates who having their Authority flowing from the Prince as the fountain derive from him all their Power of command So (h) Dio. Mecaenas adviseth Augustus ut solus sine Plebe Populo ac Senatu Magistratus crearet that he alone without the People and Senate create Magistrates and Zonaras rightly affirms that creatio Magistratuum maxima pars est muneris Imperatoris the creation of Magistrates is the greatest part of the Office of an Emperor The Soveraign possessing his proper Power without a Superiour (i) Arnisâ—us cap. 11. p. 267. the Magistrates are Instruments by which the Soveraign executes his Commands for it is reason he alone have the power of appointing them who hath the right (k) Intercidere Magistratuum iniquitatem infectumque reddere quiâ—quid fieri non eportuerit Plin. Panaegyr to redress the unjust Actions of the Magistrates and to make void whatsoever ought not to have been done by them (l) Lampridius in Alexandro Meliorem esse Rempublicam prope tutiorem in qua Princeps malus sit ea in qua mali Principâ— Ministri Hence it is a Prince is to be very solicitous in the choice of Magistrates for it is better for a Commonwealth and almost safer when a Prince is evil than when the Prince's Ministers are so Therefore in the choice of them the indoles aptness and ability of the persons for their respective Offices are principally to be regarded for (m) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut. Polit. Pracept omnia non pariter rerum sunt omnibus apta Some are fit for (n) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiut. Polit. Pracept Military and others for Civil commands * Propertiâ—s lib 3. The use of various Magistrates for varioâ— Employments some for the Consulting Contriving part others for the Executive some because there is use of their Popularity others of their Prudence others of their Justice some to conciliate the Subjects dutifulness to their Prince others to represent the Prince gracious to the People some for the care of the Prince's Revenue that he never want a Fund against all contingencies others to see the dispending of it for the Princes honour and his own and the Peoples benefit So that in (o) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiut. Polit. Pracept whomsoever any or especially all Vertues are conspicuous much is to be attributed to him and a Prince's Eye should soon discover him to imploy him according to his Talent Some Magistrates are absolutely necessary for the Administration of the Government without whom there cannot be that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Philosopher calls it such are Lord Chancellors Lord Treasurers Lord Lieutenants Judges Sheriffs c. others for the more splendid part of the Government which are Officers of the Court rather than Magistrates as Master of the Horse Grooms of the Stole Bed-chamber and Privy-Chamber Gentlemen Master of Ceremonies Kings of Armes c. Therefore the Philosopher (p) Absque necessariis Magistratibus Civitas ne consistere quidem potest absque its qui ad ornatum 〈◊〉 linem pertinent praclare adminislrari non potest 6. Polit. c. 8. rightly observes That without necessary Magistrates a City cannot subsist and without those who are for Ornament and Beauty the City cannot be administred honourably It is of excellent use to the Publick as well as advantagious to themselves that the young Nobility and
they were Lords of Mannors where they had their Courts as likewise they were Hundredaries c. CHAP. XXXV Of the Kings Soveraignty in making War and Peace THE great (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. Polit. c. 7. Philosopher observes That in a Common-wealth that part is most powerful in which the strength of War consists and which is in possession of Arms for those he saith that have no Arms are the Servants of the Armed Plato (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 12. de LL. Power of making War and Peace the greatest Badge of Sovereignty affirms it as a standing Law That he who without Authority innovates a Peace or makes War shall be adjudged to punishment and gives this reason for it That he who hath in his Hand the Militia it is in his Power that the Commonwealth subsist or be dissolved Bodin makes this one of the greatest badges of Soveraignty because without the power of declaring War and making Peace no Prince can defend himself or his Subjects the Establishment or Destructon of the States depending upon it therefore it is Capital to do the least thing in that kind without the Kings Commission There being nothing more dangerous in War than to betray Counsels it is not fit the ordering of War and consequently of Peace should be in any but the Soveraign In the Greek and (c) Clapmarius de Jure Majâ—statis lib. 1. c. 10. Latin Histories it appears that all Wars were undertaken and performed by the Counsel Will and Pleasure of the Soveraign whether Senate or Emperor and by them solely was decreed unless in some extraordinary Cases that the Peoples consent was required in comitiis Populi centuriatis and when the Republick was changed by the Julian Law it was Treason to make War without the Command of the Prince the words of the Law being Nulli nobis insciis atque inconsultis quorumlibet armorum movendorum copia tribuetur The reasons why this Power should be in the Soveraign solely are many and just for without it no Prince can provide against intestine Seditions For if he wanted that Authority Reasons why this Power should be in the Sovereign alone to make War and Peace as often as Ambitious or Seditious Men perswade the People they were in danger of Oppression by the Government or they had a mind to remove great Officers that they might enjoy their places or that the Rule in Church or State did not please them They might resort to Arms to the ruining of their follow Subjects who would otherwise live peaceably and dutifully By this liberty greatest Convulsions would be in the Kingdom upon every predominancy of ill humours and we should never be without the Plague of War in one place or other and all the miseries of a torn dis-joynted and mangled confusion would be upon us neither should a Prince be able to defend his Subjects from Foreign Invasions or perform that great and necessary Work of assisting the Allies to his State and Te formidable to his Enemies Polybius (d) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polyb. O. notes That there are two things which preserve Government viz. Fortitude against Enemies and Concorâ—â—â— home but neither of these can be performed if the Prince have not the disposal of the Militia This is it which preserves the Kings Authority makes his Laws to be observed keeps the Factious and Seditious at quiet gives repute abroad and Peace at home All the Calamities of War are prevented when an Armed Prince that hath the sole disposal of his Military Power can extinguish the Flame at its first blaze therefore St. (e) Ordo naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli auctoritas atque consilium penes Principes sit Augustinus contra Faustum Austin saith That the natural order of Mortals accommodated to Peace requires this That the Authority and Counsel of making War be in the Prince That in the time of the Saxon Kings the Power of the Militia was in the Crown doth not obscurely appear in all the Laws for preserving the Peace and in that particularly I have instanced in of King Aethelstan besides which we find the Tenth Law of King Canutus ordained That Fenced Towns Burghote Brighote beonon forth scip forthunga aginne man georne frythunga eac swa a th one thearf sy for â—e men licre neode LL. Canute 10. or Burghs and Bridges be repaired and there be preparations for defence both of Land and Sea-Forces so often as the necessity of the Commonweal requires it The 69th Chapter of Hereots runs thus Every Earl to pay Eight Horses whereof four with Saddles and four without Saddles four Helmets and so many Coats of Mail eight Spears and eight Shields four Swords and twelve Mancusae of Gold and a principal Thane half the number and other Thanes a lesser proportion as may be there seen By which there seemeth some beginning of a Feudal Tenure which in William the Conqueror's time was so settled that as elsewhere I have noted all Persons held of him their Lands in Knights Service to be ready at his pleasure with Horse Men and Arms the which was practised in succeeding Ages The Statute 30. Octob. 7 E. 1. saith That it being accorded of late that in our next Parliament Provision should be made that in all Parliaments Treaties and other Assemblies which should be made in the Realm of England for ever that every man shall come without all Forces and Armors peaceably to the Honour of us and the Peace of us and our Realm Now all Prelates Earls c. have said that to us it belongeth and our part is through our Royal Signiory to * i.e. forbid defend force of Arms and all other force against our Peace at all times when it shall please us and to punish them which shall do contrary according to our Laws and usages of our Realm and hereunto they are bound to aid us their Soveraign Lord at all seasons In 3 Ed. 3. (f) Cap. 2. the Commons decline the having Cognizance of such matters as guarding the Seas and Marches of England but refer it wholly to the King and 25 E. 3. it is High Treason to levy War against the King or aid them that do it Also the Statute of (g) 11 H. 7. c. 18. H. 7. saith Every Subject by duty of his Allegiance is to serve and assist his Prince and Soveraign Lord at all seasons when need shall require There is nothing more indisputably owned by all that understand the Laws than that it was High Treason by the Common Law before the Statute of 25 E. 3. for any Subject to levy War within the Realm without Authority from the King it being one of the Rights of Majesty Badges of Supreme Power and incommunicable Prerogatives of the Crown saith my Lord * 3 Instit c. 9. Coke and with him consent all the long Robe In a Speech in the Star-Chamber to
preserved in Peace Arms are necessary and they cannot be provided for without Taxes The Subjects receive the benefit of protection and by the care of the Government peaceable possession of their Houses Fields and Cattle Liberty of Trade dispensation of Justice and other great Emoluments by its guard and vigilance which require a numerous retinue of Officers of State Justice and War and Multitude of subordinate Ministers Something also must be allowed for the grandeur and port is necessary for the regulating it at home and abroad the maintaining Correspondence by Ambassadors the providing for defence against foreign Invasions and preserving Tranquillity at home in all which the Publick is concerned therefore the reason is very just and equitable that besides a standing Revenue for defraying these constant charges there should be subsidiary supplys upon emergencies adequate to the occasions As Cicero justly admonisheth Da operam ut omnes intelligant si salvi esse volunt necessitati esse parendum That the Subjects be made to understand that if they will be safe As the Subject is protected so he ought to support the Government they must yield to necessity this absolute necessity of parting with a portion of their Estates for securing the rest For though it be prudence in a private man justly and moderately to enrich himself yet craftily to withhold from the Publick and to defraud it of such parts of the Wealth as is by Law required is no sign of prudence saith Mr. Hobs as judiciously as any position he lyes down but want of knowledge of what is necessary Civil War for their own defence and covetousness to part with nothing they can hold makes this restive humour in many That the Kings of England have quitted that Soveraign badge of raising money upon the Subject by their own Impositions without consent of Parliament is manifest since Edward the First 's time (b) 27 E. 1. c. 5. Anno 1299. The Act for which runs thus For so much as divers People of our Realm are in fear that the Aids and Tasks which they have given us before time towards our Wars and other business of their own grant and good will howsoever they were made might turn to a Bondage to them and their Heirs because they might be at another time found in the Rolls and likewise for the prices taken throughout the Realm by our Ministers We have granted for us and our Heirs that we shall not draw such Aids Task nor Prices into a Custom for any thing that hath been done heretofore be it by Roll or any other Precedent that may be found (c) Cap. 6. The next is thus Moreover we have granted for us and our Heirs as well to Archbishops Bishops Abbats Priors and other folk of Holy Church as also to Earls Barons and to all the Commonalty of the Land that for no business from henceforth we shall take such manner of Aids Tasks nor Prices but by the common assent of the Realm and for the common profit thereof See for this the Charter of King John saving the ancient Aids and Prices due and accustomed These being not fully enough expressed the Statute of 34. E. 1. though as short in words as any to be found yet is of the largest extent and as liberal a Boon of Royal bounty as any People can boast of from their Prince It is thus No Tallage or Aid shall be taken or levied by Us or our Heirs in our Realm without the good will and assent of Archbishops Bishops Earls Barons Knights Burgesses and other Free-men of the Land Therefore all those who would enjoy the benefit of this Law must take care they preserve the Succession and the two Houses of Parliament (d) MS. Speech second Parl. Elâ—z an 1562. Inducements to supply the Sovereign The Lord Chancellor in Queen Elizabeth's time thus by the Queens command discourseth to the Houses If when any part of the natural Body hap to be in danger the Head and every part hasteth to the relief so how inconvenient and unnatural is it when danger is offered to the whole that the Head should take the whole care and bear the whole burthen and the Members remain uncareful and uncharged It is certain (e) Coke Instit 1.90 the Prince can make no War of any great concernment without the assistance of his Subjects Purses as well as Bodies unless all would voluntarily serve upon their own charges for that neither sudden dangers can be evaded nor Forces raised and all things necessary for them provided nor peace be long preserved when the Prince hath an empty Exchequer for Treasure is Firmamentum Belli Ornamentum Pacis A late (f) States of France Objection French Author concerning his own Country makes this objection That Princes having assigned for their usual charges of the Government Tribute and other Incomes they ought to be therewith contented and not without occasion raise new Taxes to the detriment of the Liege people and contrary to the intention of the Trust Yet he owns this ought to be soberly understood for a wise Physician applies those Remedies necessary without the Patient's leave and will force him though by cutting off a Limb to save his life So when there may happen a necessity urgent and unforeseen that either will suffer no delay or which ought not for some time to be divulged in such cases saith he the King without the States and whether they will or no may lay new Impositions and make all other necessary provisions by the absolute Power he hath to rule and preserve his State and Subjects he not being able to defend them without necessary Forces Therefore in such occasions it is to be supposed that with the Power of Government there is transferred to the Prince the Power to do that without which good Government cannot be executed but when there is not that kind of necessity the States are called Thus far my Author Since therefore (g) Coke 1. Insiit p. 161. qui diruit medium destruit finem he that takes away the necessary means for a King to preserve his people in uncommon events hazards the ruine of the People some have inferred that when dangers should be so sudden that there could not be time to convene a Parliament or that such a Parliament met should for some design deny the Prince Money then the Kings Prerogative might extend to the raising of Money and they instance in the Loans by Privy Seals exacted upon the Subjects even in Queen Elizabeth's time This indeed was the Plea for Ship-money and as the case was stated by King Charles the First Concerning Ship-Money all the Judges once subscribed their affirmative opinions though Mr. Justice Hutton and Crooke retracted after and with great learning the case was argued and Judgment given in favour of the King Yet he hoping by the yielding to the abolishing of it to have stopped the misery of a War consented to an
your Corn would consume your Grain and leave you nothing but the Chaff Such as by instigating you to Insurrections under Pretence of Religion or any other Wheedles would necessitate the Government for your own Security to rule you with a Scepter of Iron whereas now you are under one of pure Gold beset with all the Jewels of Heroic Vertue Would you avoid the Slavery of the French Commoners and be never in danger of being Peasants Would you enjoy what you and your happy Fore-fathers have done in peaceable times Then study your Duty of Obedience to the Laws banish all Murmurings and Repinings heartily pray for the King's Prosperity heartily endeavour to serve him with your Lives and Fortunes against his Enemies live quietly under his careful and merciful Conduct adore that divine Providence that hath established him peaceably in his Throne and out of infinite Compassion to these Nations hath prevented a Civil War Be sincerely and cordially thankful that you are under the Government of such a Prince who so freely and spontaneously promiseth to defend your Religion secure your Properties and adventure his Person for your Defence Who is justly reverenced abroad ought to be as entirely honoured and affectionately loved and dutifully obeyed at home So shall the Government be Easy Beneficial and Merciful to you so shall you have full Barns and Purses and all the Blessings of Peace and Security in the long Enjoyment of them CHAP. XL. Of the Temper and Disposition of the Common People of the lowest Rank I IVY (a) Vulgus metu aut spe nimium Lib. 23. Nihil in vulgo modicum The varâ—ous Disposition of the Common People tells us that the Common People Fear and Hope generally is in excess They want skill to make Observations of the true Causes of Matters and conclude Effects from wrong Cause They are ignorant of their duty to the Publick never meditating any thing with Reflection like their particular Profit If a wet Season happen of continuance they murmure and repine as if their whole Tillage were lost and a long Drought produceth the like effect As to the publick it is their Nature (b) Aut servit humiliter aut supâ— be dominâ—â—◠〈…〉 Annal. slavishly to fear or proudly to domineer affrighting the Government if they be not brought to some degree of Awe and if they be brought to fear their Governours may with more safety despise them for they are wholly Strangers to the Golden mean of Liberty which they neither know how to enjoy or want despising and sleighting the Freedom they possess and wrought upon by Seditious Arts of Popular Men vainly hoping to attain to some Enlargement of that Liberty which they fondly dream of In their own temper saith (c) Vulâ—â—â— ingenio 〈…〉 discordiosum cupidum novaum rerum quieti 〈◊〉 adversum Sail. in Jugurtha Sallust they are changeable Seditious full of Discord desirous of Novelty impatient of Peace and Idleness and if we allow them at some Seasons at least to be a calm Sea yet as that by Winds so they are easily swelled by the blasts of Seditious Persons to receive which they hoist up all their Sails According to that of the (d) Orâ—â— pro Cluent Orator Vt Mare quod sua natura tranquillum ventorum vi agitari videmus ac turbari sic populus sua sponte pacatus hominum Seditiosorum vocibus violeutissimis tempestatibus concitari solet They are too credulous of Reports and the Designers to put them into ferment need no more but to put in practice what (e) 〈◊〉 primum 〈…〉 Hist P. â— Tacitus mentions of the false news of Otho's being slain That at first a wandring and uncertain Rumour then as in great lies some say they were present and saw it the rejoicers and curious being aptest to believe the Report So that at last a general belief is given few being willing to take the pains to make strict Enquiry And when such Rumours are forbidden more horrid things are invented than at first and so are more difficultly suppressed for there is a wonderful propensity in them to receive (f) 〈…〉 Taâ—it ib. P. 5. and believe all new Reports stretching all Rumours vastly beyond the reality of matters fame being with them as sure a ground of Belief as Realty Res auget cuncta ut mos est fama in majus credita If in things they fear the Rumour once be broached how swift is the Alarm all the Air is full of Speaking Trumpets though nothing to be seen Sic quisque pavendo Dat vires famae nulloque Auctore malorum Quae finxere timent This quality of the Vulgar How they were 〈…〉 upon in 〈…〉 the Designers of Forty one well understood and most industriously improved The tumultâ— of the multitude were governed by them all the great mischiefs were facilitated by the Midwivery of these contrived Reports Jealousies and Fears preparing Peoples Minds for every ill Impression The breaking of a Plank by two Corpulent Gentlemen occasioned a Report that the Parliament-House was undermined and others were so quick-scented that they smelt Poâ—der This was carried with that swiftness into the City that the Rabble in excessive manner flocked to Westminster full of revengeing Fury So they pretâ—nded Intelligence of foreign Invasions to put the Kingdom into a posture of Defence and the miserable Country armed with great forwardness upon every Alarm little forâ—seeing what the ends of those dismal Acts would be How of later thmâ— We of late had an Experiment of this in the Story of the lslâ— of Purbeck when the report of the landing of the French raised many Thousands of Men whom the noble Peer said he could have conducted whither he would by a Letter We cannot forget how the report of the Fireworks sound in Somerset House the forty Thousand Pilgrims and Black Bills alarmed the Credulous Such Mormos and Spectres ever will be made use of by those who intend to work upon the Mobile If the Multitude could be made Wise Aâ—vice to them to rely upon their Governours Wisdom that can better foresee Danger than they and have greater share in the present State and having more to lose will more carefully endeavour to prevent Mischiefs they would not be so appalled at imaginary Dangers suggestedly crafty Men or be so suspicious that they are not so well governed as they should be or so apprehensive of Oppression and if they should miscarry under such Conduct which they can have no reason to suspect they would perish with a great deal of Discretion But alas there is in all the common People as (g) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 Plutarch hath noted of old something malignant and querulous against Government they yield open Ears to detracting and blackening Speeches against their Governours They are generally strong in Will weak in Judgment their Affections commanding their Belief and presaging as they believe short-sighted in discovering Consequences of
are to decline by little and little mildly and reverently without shewing of too much Detestation or bitter reprehension and opprobry leaving the things rather undone than rejecting them These wise Directions of so great and ancient an Author are worth Imitation by our sturdy Beggars of Liberty who do or have done it in so imperious a way as if they were in a condition to command it and yet when they had the Power most Tyrannically exacted both Civil and Spiritual Obedience from all others that were not of the same Mold and Cut with themselves The Excellent Seneca saith That Disobedience would be the Destruction of the Roman Commonwealth and so long the People would be out of Danger of it as they endured the Bridle which if once they broke or being by any chance broken they suffered not to be again sitted on (o) Haec unitas hic mâ—ximi Impâ—cii contextus in partes multas dissilier Senec. de Clem. lib. 1. c. 4. the unity and Contexture of the greatest Empire would fly in Splinters and the same end there would be of the Cities Dominion that there was in obtaining it For of old the Commonwealth was so constituted that the Ligament betwixt the Sovereign and Subject could not be dissolved without both their Destructions for as the Prince stands in need of the Peoples Strength so the People of the Headship of the Prince To the which (p) Olim enim it â— se induit Reipublicae Caesar ut diduci alterum non possit sine utriusque pernicie Caesar saith He so embosomed and inweaved himself into the Commonwealth that the one could not be disjointed from the other without the Destruction of them both But every Malecontent will be ready to say they are for Government and can chearfully obey good Princes but such as exercise Arbitrary Government or are Vicious and Irreligeous those they cannot obey To such I would recommend the Saying of (q) Bonos Principes voto excipere qualescunque tolerare Tacit 4. Histor Marcellus about Vespasian We ought to desire good Princes but to submit to whatever they be So (r) Quomodo sterilitatem aut nimios imbres caetera naturae mala ita luxum vel avaritiam dominantium tolerare Ibid. Cerealis told his Soldiers As we endure Barrenness and orecharging Rains and the rest of the Evils of Nature so ought we to undergo even the Luxury and Covetousness of Princes For Vices will be while there are Men but those are not continual but by the intervening of good Princes are recompenced Mr. (s) Civil Wars p. 51. Hobs truly Observes That the vertue of a Subject is comprehended wholly in Obedience to the Laws of the Common-wealth for to obey the Law is Justice and Equity which is the Law of Nature and to obey the Laws is Prudence in a Subject for without such Obedience the Commonwealth which is every Subjects Safety and Protection cannot subsist Indeed Mischief more often happens to any Kingdom from the waywardness or factious Disobedience of Subjects than from the ill Government of Princes Therefore (t) Plut. Canvio 7. Sapient Cleobulus rightly observed That the Republic is well composed where the Subjects fear Infamy more than the Laws for then it may be presumed they are Obedient out of a Principle of Vertue rather than Awe Plutarch (u) De Institutione Principis saith That City or Kingdom is famous where every one performeth his Office If the Prince do what becomes him the Magistrates exercise their Places and the Commonalty obey their Magistrates and the Laws This is the Blessed Harmony wherein this sublunary Government imitates the great Oeconomy the nearer to which every Government comes the more beautiful and stable it will be CHAP. XLII Of Faction and Sedition in the State the Causers and Causes of them IN every Body whether Natural Artificial or Political the Beauty Gracefulness and Use of it consists in its Symmetry Firmness and Union The Fragments of the most excellent Statue the Rubbish of the most magnificent Pallaces the crumbled Dust and Atoms of the Beautifullest Bodies are the Objects of our Pity and Condoling even so ought to be the Discords Factions and Seditions of a Commonweal or Kingdom for by these the whole Compages of the Fabrick is dissolved It was the Consideration of this that made the (a) Nec privaâ—os focos nâ—c publicas leges nec libertatis jura cara babere potest quem discordie quem cades civium quem belium civile delectat Ideo ex numero hominum ejiciendum ex sinibus humanae naturae extermin â—ndum puto Orator say That those who delight in Discords in the slaughter of their Fellow-Citizens and a Civil War neither think their private Hearths i. e. their Properties the publick Laws or the Rights of Liberty dear to them therefore ought they to be spewed out from the Society of rational Men and to be exterminated out of the Confines of humane Nature Faction and Sedition being a Composition of several mischievous Ingredients I shall single them out and give short Characters of them particularly that the Reader may with more ease know their Tendencies The Persons that are apt to be Seditious 1. The debauched Persons apt to be seditious are first the Debauched as Tacitus excellently observes Privatim degeneres in Publicum exitiosi nihil spei nisi per discordias Such as give themselves to Luxury degenerate from the Virtue of their Ancestors are unbridled in their Appetites live without Rule and Order have no regard to the Laws that should restrain them where nothing remains but the instrumenta vitiorum as the Curious (b) Cum raptciâ—â—mo cuique perditiâ—mo non Agri non Fanus sed sol I Insirumenta vitiorum manerent 1. Histor Historian elegantly observes of those that in Galba's time were to refund Nero's Donative Such having emancipated and withdrawn themselves from all subjection to the Laws of the Soveraign of the Universe no wonder they yield obedience to nothing but the Impetus of sensual Appetites and orderly Government curbing these makes it uneasy to them Secondly 2. Vain and light-headed Persons The vain and light Airy headed Persons are fitted to feather the Seditious Arrows that subtiler Heads do fashion these rush into Action without deliberation weary of things long used rather (c) Pro certis â—lim partis novâ— ambigua ancipitia maluâ— Tacit 11. Histor chusing for the sake of Novelty doubtful and uncertain matters than such as are the issues of stay'd Councils Lampoons Libels and Pamphlets are their chief Studies They traffique most at the Booksellers Stall they desire no acquaintance with the seriouser Books of his Shop the Play-house and Coffee-houses entertain them more than the Church or Westminster-Hall They are brittle Tools but sharply edged where they are to cut Feathers and Chaff They are not made to work upon Marble or write Laws in Tables of Stone They
say what will displease counterfeiting Humility Honesty Affability and Bountifulness cringing to all frequenting Courts of Princes visiting the Nobility obsequious to all that he may be praised of all But when he hath attained his ends he is quite another Man proud and haughty not (r) Non curaâ— prodesse sed gloriatur praesse caring to profit others but to preside over them not so much caring to do good in his Office as to be great (s) Senec. Tragaed tantum ut noceat cupit esse potens Fifthly 5. The envious the Envious are canker'd Branches in a Common-wealth Envy saith my (t) Essay c. 8. fol. 35. Lord St. Albans is a gadding Passion walketh the Streets seldom is at home Those that are Gossipers and spend their time in carrying News (u) Non est curiosus quin idem est malevolus betwixt one another in their Evening Chat mostly enviously detract from the Fame of others Men of noble Birth are noted to be Envious towards new Men when they rise for the distance is altered and it is like Deceit in the Eye when others come on they think themselves go back Envy is a Disease spreadeth like Infection upon that which is sound and tainteth it so that when it is once got into a State it traduceth the best (w) Inviso semel Principe seu bene seu male facta premunt Tacit. 1. Histor Actions and hath this addition to its Mischief that it incessantly is at work As the Vulture feeds on Carrion rather than fresher Meats the Flies seek Dung and rotten Matter so the Envious is always Preying on what is putrid in the Commonweal of which he is the Scavinger contaminating the best Administration by his loathsome Blasting corroding and eating like a Canker ever detracting from the present (x) Virtutem incolumem odimzs sublatam ex oculis quaerimus invidi Horat. lib. 3. Od. 14. management and admiring what is by-past Envy is always working finding new and new matter to work upon One Man's higher Place troubles him anothers greater Endowments Offices or popularity so that to the Envious there are no (y) Invidia festos dies non agit 6. The discontented Holy days Sixthly the Discontented They are always unquiet nothing pleaseth them wherein they have not the Share they covet in the Administration they are uneasy to themselves to others and the whole State Discontents in the Body Politick are like to ill humours in the Body natural which are apt to gather into preternatural heat and inflame grow dangerous and ill = boding when the causes of them are long pent up before they be observed or are really given to Man of great Spirits and the Multitude The discontented saith a (a) Address pars 1. p. 35. late Author are the silliest Animals in the World If the Government hath injured me I ought to take it as the injuries of the Weather not to rage and fret at it Kingdoms and Nations have been ruined by such Fools who have ever pay'd dear for such revenge and been buried in the ruines they plucked down about their own Ears These Malecontents are under the dominion of the strongest Passions and are not Masters of their own Reason which is no part of the Case of others who furnish them with Brands and Granadoes without which these Gentlemen might possibly after a little sullen rage have come into their Wits again But when they see their Passions are not only pitied or cherished but applauded it is a thousand to one they never recover out of their distemper or not to be sure till they or the Publick have smarted for their folly and those who have caressed the devilish humor in them Seventhly Emulous Persons who can neither endure equals 7. The emulous or superiours are great promoters of Factions for when Men of great or over-weening Parts such as have been great Commanders or Ministers of State by the interposing of others are obstructed in the sole managery of publick Affairs or any other ways disobliged they are egged on to make the opposite Faction and so the Commonweal is shaken by them and though this discontent begin in smaller matters wherein the State is not so much concerned or the subverting of Government is to be feared yet Ambition stepping in Discontent grows to Revenge and then calls in all the Auxiliaries of Faction which being rendezvouzed they are most difficultly reformed before one side be Conqueror And so from a few personal Dissatisfactions proceed those rude Shocks which endanger the whole Government So in Athens we read of the aemulous Dissentions betwixt Nicias and Alcibiades Themistocles and Aristides and after of Demosthenes and Eschines and others and so in Rome betwixt Capio and Metellus Scipio Asricanus and Metellus Gracchus and Scipio Pompey and Caesar of which I have at large treated in the Chapter of Commonwealths So Tacitus speaking of Cecinna who having command of a Legion under Galba being laid aside upon an Accusation that he had misimployed the Publick Mony to his own use (b) Aegre pâ—ssus miscere cuncta privata vulnera Reipublicae malis operiâ—e statuit Tacitus 1. Histor grew Malecontent and endured it ill and in the tumultuous times having got the Soldiers good will he was busy to promote all kind of Seditions designing to cover his own Wounds with the mischiefs to the Commonweal Eighthly 8. Popular Men. The popular Men are Engines fitted for Sedition if they be not well principled to the Government for by them the (c) Causa aâ—que origo furoris penes Autores reliqui contagione insaniunt Livius 1.28 Populace is easily and effectually moved and they give Beginning to the Rage of the People the rest being mad by Contagion and Infection These having by many good and plausible Deeds gained Credit with the Mobile and using all their Arts to captivate their affections can lead and guide them with as much ease as the small Rider doth the bulky Elephant or the Keeper doth the Rhinoceros or the Bearward his Bear by their Rings and Chains So Tacitus gives frequent Examples of such Mens courting the People and ingratiating themselves with them when they needed their Hands to help them to attain their Aims especially in the Conspiracy (d) Nec deerat Otho protendens mâ—nus adorare vulgum jacere oscula omnia serviliter pro dominatione Tacit. 1. Histor of Otho against Galba where he tells us that Otho besides his Feasting and giving Largesses to his Soldiers was not wanting even after he had taken Arms to stretch out his Embraces to the People humbly to salute them give all tokens of intimate affection and all servility in hopes of obtaining thereby the Rule Such popular Men are most to be feared who are like (e) Vni Antoniâ— apertae militum aures nam facundia aderat mulcendique vulgum Artes Auctorit as Tacitus 1. Hist Antonius one of Vespasian's great
well as Interests Some and those the wisest favouring (n) Alii Principum partibus alii Patriciorum Factionibus student Tacitus their Prince others the Patriots as they call them and study Factions Yea the very heads of several Companies and Societies often bandy one against another by emulations first and after by siding into Parties so that it is observable that by their natural proneness to Factions where nothing but Rivers low and high grounds have divided the Inhabitants those local distinctions have been sufficient to discriminate them into Parties So it happened betwixt the Inhabitants of the Pyroeus and Athens also at Syracuse betwixt the City and Cittadel At Rome betwixt the Cis and Trans-Tyberini So at (o) Monstrelate lib. 1 Paris the Inhabitants on one side the Seyne were for the Faction of Orleance and the other for Burgundy The like we have known between London and Southwark and Westminster and London A judicious (p) Humane Prudence Author saith A great City is the fittest Engine to turn an old Monarchy into a new Commonwealth and the reason is obvious for Corporations and Cities are so many Republicks within a Monarchy which when by their Combinations in numerous swarms they attcque they much endanger though being composed of the Loyal as well as Factious after they have found the tyranny of their fellow Citizens and the difference betwixt the mild Rule of their Princes and the Arbitrary one of their fellows they mostly return to their Senses and Allegiance again CHAP. XLIII Of the Symptoms and Diagnostick signs of Sedition and Faction THE learned (a) Apud Japonios Campana est quae quoties Regno magnae instant Seditiones Tumultusque suapte sponte pulsatur Phonarg lib. 2. sect 3. c. 14. Athanasius Kircher in his curious Book or Sounds tells us That in Japan there is a Bell which toleth of its own accord so often as great Seditions and Tumults are forming or beginning in the Kingdom And in Spain in a Town called Vibilla in the Diocess of Caesar Augusta (b) Lib. 2. de Fascinatione cap. 14. Varius tells us there is a Bell which they call Miraculous for that some Months before any mischief or calamity befalls Christendom it sounds by it self without any one that is known to ring it as in several calamitous periods he mentions As to matter of fact though attested by grave Authors I shall not make any enquiry whether the Relations be true or not But if God Almighty had vouchsafed such a vertue to every Parish Bell it might supersede all enquiries into the signs of approaching Sedition and Faction Yet I question whether it would enable Governours to prevent them for the most would be apt to conclude That as they were by a supernatural Power or from the Deity appointed to be the presages of Factions and Seditions so they would conclude that God Almighty had destined such Commotions and would be the more ready to promote and push them forward Shepherds of People saith the ingenious (c) Essays Descriptions of the Signs particularly Chancellor had need know the Kalenders of Tempests in the State There are certain hollow blasts of winds and secret swellings of Seas that forerun them and so there are in States First Hatred Hatred to the Government is a certain sign of intended Sedition It is not easie to be conceived saith Seneca (d) Neseis quâ—ta rabâ—es oriatur â—hi supra modum olia crevâ—runt De Clementia how great a Rage may arise when the hatred is over-grown it is then ready to teem and the Poison will break forth Therefore Cicero saith No Government can be lasting which is much feared be it grounded or ungrounded for (e) Quem quisque odit pâ—riisse expetit Cic. de Officiis 2. men naturally hate whom they fear and whomsoever one hates on such an occasion he wisheth his destruction Secondly Contempt This secret hatred acquires an efficaciousness by Contempt for Fear is slow and undaring but Contempt puts on the Armor Fear is an extinguisher of an Attempt and a Prince is in Sanctuary while his Enemies fear but when a Factious man is emboldened to contemn his Prince he shaketh off fear and consequently reverence This happens most to mild Princes and criminally merciful by which they do themselves and the (f) Plebâ— Reverentiam omnem excutiunt licentiâ—â— prâ—bent peccandi Arist Polit lib. 6. c. 4. publick great harm liberty is thereby taken of trangressing and the Reverence of the People is thereby laid aside (g) Augetur crescit quicquid in honore est desiâ—it minuit quiequid in contemptu Dio in Nerva While Honour to the Prince lodgeth in the Subjects breasts the veneration to him daily encreaseth but when he is once contemned his Authority and Power sinks in the Socket For Reverence is that wherewith Princes are girt of God and when Discords Quarrels and Factions are carried openly and audaciously it is a sign that reverence to Government is lost In Tiberius's time Greedy after News when Julius Flâ—rus headed the Gallick Rebellion (h) Cuncta in mâ—jus credita mulâ—i prasentium odio cupidine muationis suis quoque periculis â—atabantur 3. Annal. Tacitus gives us an account how the Male-contents at Rome received the news of it whereby we may learn some Symptoms of Seditions For all things saith he done by Florus were believed to be worse many for the hatred they bore to the present management and out of the desire of changes even rejoyced in their own dangers Thirdly Libels Other great signs of Troubles and Factions are sholes of Libels and licentious discourses against the State spreading false News to the disadvantage of it the often running up and down of such and the greedy embracing them for Seditious Tumults and Seditious Fame are but Brothers and Sisters The Presses are pestered with Seditious Pamphlets deluding abusing flatterring enticing terrifying or (l) Address Part. 3. affrighting according as they may be serviceable to the Faction they wish for The Illustrious Saint and Martyr felt the heat and suffered the scorchings of those Tongues set on fire by Hell and after of those Pamphlets sparks and flakes which raised that fatal fire in his three Kingdoms and when the Kings Ministers his Judges Officers Civil and Military were represented in the most odious manner that malice could invent with a thousand false and ridiculous Lies of fear of Popery and Arbitrary Government which was and ever will be the burden of those Syrens Songs it was easie to discover the approaching Storm and an evident Symptom of a distempered People on the Tiptoes of Frenzy The grave (m) Occultis primum sâ—rmonibus ut vetita solent mox vago rumore apud imperitiâ—imi cujusque promptas aâ—es aut rursum apâ—d turâ—idos eoquâ— nova cvpientes Tacâ— 2. Annaâ— Historian describes secret murmurers and spreaders of false News thus That they begin with
secret Speeches as is usual in matters forbidden then with wandring Rumours fitted for the open ears of the most unskilful and then adapted for the turbulent and those that are desirous of change Thus they raise their Trumpets till they sound to Arms and Onset Fifthly These are open contagious Airs Clubs and Consults Shafts flying by Night and Day but they arise from the hollow Caverns where Clubs and Associations sit brewing of them and feathering those Bolts So Tacitus (n) Per conciliabula caetus seditiosa disserebant Lib. 3. Annal observes of the Gaâ—ls In little Consults they debated Seditious Matters Where obiter we may note how congenial the Actions of Seditious Persons are in all Ages which he further describes in the method of (o) Nocturnis colloquiis aut flexo ad vespâ—um die delapsis melioribus deterrimum quemque congregantes Idem 1. Annal. Porcennius when he excited the Souldiers of Pannonia to Rebellion That by Nightly Conferences and Evening Clubs when the better sort were retired he gathered the worst and such as he could confide in to work them to his purpose and confederate them to carry on his Designs Sixthly The Method (p) Studiâ— militum affectaverat contubernales appellando alios agnoscere quosdam requirere pecunia aut gratia juvare inserendo querelâ—s ambiguos de Galba sermones quaeque alia turbamenta vulgi Lib. 1. Histor Otho took to supplant Galba Calumnies the same Judicious Historian describes thus That he had practised before to get the Favour and good will of the Souldiers calling them Mates and Companions relieving and being bountiful to them inserting now and then complaints and glancings at Galba with Speeches of doubtful Construction or what other way he could bethink him to stir up and alter the Vulgar sort by disquieting and affrighting them Thus the Designers of changes in any State fit their Discourses to the present emergencies of Affairs and finding any sorts of grievances to complain of with innuendo's aggravate them and excite the People to believe that they only are forward to redress them Seventhly It is a sign of a Seditious Spirit Calculating a Princes Nativity when he is busie in Calculating the Nativity of a Prince Therefore Firmicus gives it in charge to his Astrologer not to answer such Questions Tertullian (q) Cui opus est perscrutari super Caesaris salute nisi a quo aliquid adversus eum cogitatur vel optatur aut Apologia 35. Sueton in Domitiano tells us That there is no need that any curiously enquire after the health of Caesar unless it be one that meditateth or wisheth something against him or hopes for some advantage after him So Tribonius was sent into Exile because he enquired of the Chaldaeans the end of the Prince So Domitian slew Pomposian because he had the Emperors Nativity and carried about him the Speeches of Kings and Captains out of Livy and called his Servants by the names of Mago and Hannibal Although Prophecies Prodigies and Prognostications are like Mercenary Souldiers that may be listed to fight on any side yet every Mans Superstition interprets them to his own advantage or according to his wishes hopes or fears So that when the Designers have a mind to make impressions of fear on the People they bring in some ill-boding Signs as Apparitions raining of Blood Oxen speaking Battels in the Air and such like to keep the People either in fear of Calamities or in hopes of more prosperous times by changes both which would be equal disturbances to Government Tacitus (r) Genus hominum pâ—tentibus insidum spâ—rantibus fallax quod in Civitate nostra vetabitur semper retinebitur 1. Hist speaking of Otho's confiding in the predictions of the Astrologers tells us They are a sort of men unfaithful to the Great deceitful to the Hopers which always will be forbid and always retained That the Romans judged such as gave credit to the Chaldaean Promises the Ceremonies of the Magicians and Interpreters of Dreams to be practicers against the State and guilty of Treason we have a memorable example of Libo (s) 2. Annal. ad Chaldaeorum promissa Magorum sacra somniorum etiam Interpreres impulit c. plenam imaginibus domum ostentat hortaturque ad luxum as alienum c. Infernas umbrâ—s carminibus eliceret Drusus of the Scribonian family whom the Astrologers put in mind that Pompey was his Great-Grandfather Scribonia wife of Augustus his Great Aunt the Caesars his Cousin Germans that his House was full of Images and Monuments of his Predecessors then they brought him to Licentious Riot and Debaucheries and to raise Infernal Spirits by Inchantments And though my Author judge there were some of Tiberius's Arts in his Accusation before the Senate yet we find he killed himself to avoid the infamy of a Sentence of the Senate and upon it a Decree was made to expell Astrologers and Magicians out of Italy Facts de Mathematicis Magisque Italia pellendis Senatus consulta Before I come to treat of the Prognosticks of the Mischiefs of Factions I must take notice of two of the certainest most demonstrative and dangerous signs of Faction running up to Seed that can be and those are Tumultuous Petitioning and Tumults These will the better be illustrated both separately and in conjunction The Method the Long Parliament used by laying open the Methods the Long Parliament took to effect their designs against their Gracious King First With great shew of Compassion and Commiseration for their fellow Subjects sufferings they eagerly debate the Grievances which by a correspondence betwixt the Members of the House of Commons and their Friends in the Country by Petitions many thousands strong were daily represented to them every one striving to be foremost in representing and outstrip his Neighbour in exaggerating the Grievances as they called them that they lay under In these Petitions to the Houses but mostly to the House of Commons were Bead-rolls of Complaints against the oppression of the Subject both by the Kings Council President and Ecclesiastical Courts the Star-Chamber High Commission Court the Judges countenancing exorbitant Power that the Property and Liberty of the Subject was invaded by Monopolies Ship-money Knight-hood-money c. illegal Sentences in the Star-Chamber the Innovations of the Bishops their severity against pious Nonconformists and People of peaceable and tender Consciences as they called them and the baser sort of the People were permitted or rather invited to come to the Parliament-House to back these strong Petitions By this Artifice they exposed the Government to obloquy and contempt among the People and raised in them a confident Opinion that their only Redress was to be hoped from the Parliament and so brought themselves into a popular esteem by so much more loosening the Peoples Affections and Allegiance to the King by so much as they faster knit the Peoples Hearts and Hands to their
it was so once by the Prince and so the vulgar instantly credit his Sentiments as Oracles so that he having already acquired an easy belief with the greatest facility in the World puts a false gloss upon the Princes best designed Actions and retaining his old dependences they will whisperingly disperse his sence of things Let him then make himself heads of the Country Party and the true Protestants as of late some affected to be called and he is presently without further labour and industry adored as the Peoples prime Patriot Having got Tools enough to work with still pretending his concern for the Publick weal of the People and at the same time tacitly insinuating some reflections upon his Quondam-fellow Counfellors depreciating their Wisdom and Honesty and leaves the application to his Admirers They will be sure to aggravate all appearances of Male-Administration since his laying aside and insinuate that Affairs have a tendency to oppression of the People altering Religion or such like plausible Subjects and so by little and little the Peoples affections will be estranged from their Prince and shall be set upon this new Idol the fallen Lucifer If the Soveraign upon some emergences by necessitated to call a Parliament he shall obtain a great if not a major part of the Members chosen according to the Common Peoples by as he shall put upon them most opposite to the Kings Interest In such an Assembly he shall be sure to have great Interest and under some pretences of Grievances of the Subject render useless to the Affairs of the Soveraign and upon its necessary dissolution improve still his Interest that the succeeding Parliament shall be as wayward and by promoting Bills he knows his Soveraign can neither in Honour or Conscience assent to still more alienate the Peoples affections from him till at last he get to be sole Director of such Assemblies having all this while the Wisdom and cunning to keep himself within the compass and reserve that for Words or Actions he be not obnoxious to the Laws Having obtained this height he is able to influence the Elected of City Magistrates secure himself by them and at last to form Conspiracies against his Prince till which time he being the Idol of the People is only feared and suspected but nothing of Traiterous Designs being yet pregnantly discovered he runs on his risk till some fortunate discovery of his designs force him to abscond and then his whole machinations come to light and if he escape the hand of Justice he is forced to leave his Countrey and ends his life ingloriously abroad This is the common exit of such who had much better have offered violence to these headstrong Passions and been content with a quiet retreat and dieted and physicked their virulent distempers with the applications of sage Counsel and the Precepts of Judicious Men finding out the cure for their Diseases in Books and Solitude than thus to live in the Pangs and Throes of Ambition to the disquiet of their Prince and the emptying of their Country Of such we may not only say with (h) Percandam posthac modestiam ut contentius esset Tacit. 4. Annal. Drusus That Modesty must be prayed to that they be content with their Greatness but Justice must be invoked to prune such luxuriant Branches as not only overtop and Shade all the rest but suck away from them all their Sap and Nourishment In (i) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 2. Dio Cassius I find it advised That such Criminals as these that are above the stroke of Justice and whom a Prince cannot with security to himself bring to a Publick Trial should not be arraigned but as open Enemies instantly punished So some Princes finding such subtle ambitious Men beyond the reach of their Justice by way of publick Arrest and Trial by the Law being satisfied in their Consciences that they were hatching great mischiefs to their State and the subversion of their Government have commanded by their Soveraign Power execution of them by private hands So fell Frier (k) History of Hungary George newly made Cardinal for tampering with Solyman the magnificent to bring him into Transilvania and exclude King Ferdinand by direction from the King to Castald his General there So fell the Duke of Guise and the Cardinal of Burbon but this sort of Justiec brought as great mischiefs afterwards to their Crowns as they could in probability have sustained by their lives at least if the Prince had with watchful oversight so timed the Execution that they had let them live till they had made their Treasons more manifest So Tacitus (l) Inauditi atque indefensi tanquam inno centes â—erierunt 1. Histor speaking of Galba's putting to death Cingonius Varro and Petronius Turpillianus saith That they being not suffered to be heard and defend their Causes judicially perished in the repute of Innocents Therefore there are other ways more just and safe for Princes to take with so great and subtile Criminals As to toyle them into some great errours give them opportunities to shew their ill Conduct and Council or to do something ungrateful to the People that they may go out of their places with such a scar as will stick by them in their retirement and study to enjoy a quiet recess lest they be called to an account for what they connived at when they fell so if they can be rendred unuseful and of little credit with the People they will have none to back them in their attempts but Persons of small Reaches and Interest and then for smaller Transgressions they may be called to an account and if they be conscious to themselves of any guilt they will quit their undertakings for fear of a suddener Catastrophe than Ostracism If such Ambitious Persons have gained so great Interest that neither by setting Spies upon them or by other Arts their secret drift can be sifted out * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 5. Polit. c. 11. then Aristotle's Rule is to be observed by compassings and windings to remove them and not to tak all their Power away at once or to remove them to some higher place where they may have a new Administration to begin in which they are not so well versed on wherein they can do nothing without the Prince and his Councils daily inspection and where no dependences are to be gained Above all a Prince is to take care to follow the (m) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. Philosophers Rule to make no man too great for as he saith It is the safeguard of the Principality to make no one Man great For Tacitus (n) Semper periculosum privati hominis nomen supra nomen Principis attolli Vita Agricolae well observed It is most inconvenient and dangerous to have any one more in vogue than the Prince for if such have not powerful Principles of Loyalty lodged in their breasts they have great temptations and opportunities to do Mischiefs especially
if after the obtaining great Authority and Power they are sensible of parties-making against them For then self-preservation is mixed with their Ambition and that prompts them to dangerous undertakings as it did the Earl of Essex in Queen Elizabeth's time For as Dio (o) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 2. Cassius notes Long and lasting Command lifts up mens Spirits and induceth them to alter Affairs So the long continued Favours of the Queen and the great Imployments under her made that unfortunate Earl impatient to see himself eclipsed and whether out of pure envy to the present Ministers of State or upon greater Designs I enquire not seek to remove at least those with a violent Hand that he thought were his Enemies in which attempt he fell worthily under the Severity of the Law which will allow no Man to expound the goodness of his Intentions when he offers force to his Prince When therefore there is any Necessity of State to make any great (p) Magna libertatis ac Principatus custodia si magna imperia diuturna esse non sinas Lib. 4. Livy's Rule is to be observed That his Authority be short for that is Safety to the Liberty of the People as well as to the Sovereignty of the Prince So the Lord Lieutenants of Ireland and elsewhere are not only removable at the King's Pleasure but they have not been used to be continued long for more durable Commands too much elevate ambitious Mens Genius's and gain them great Dependences who will be apt to own their Honour and places of Profit rather to such great Ministers than to the King himself whereby if they have a mind to make Innovations they have Opportunities and Coadjutors Sejanus is a great Example of Ambitious aspiring and most deserved violent and praecipitate Ruin Tacitus (q) Corpus illi laborem tolerans animus audax sui obtegens in alios criminator juxta aâ—â—lâ—tor superbus palam compesitus pudor intus summa apiscendi libido ejusque causa modo largitus luxus saepâ—us industria ac vigilantia haud minus noxiae quotiens parando Regno finguntur 1. Annal. gives us his Character thus That he was of Body able to endure Labour of Mind bold in his own Actions secret an Informer against others as proud as flattering in shew Modest but inwardly greedy of Aspiring for which Cause he used sometimes largesses and lavishing but more often Industry and Diligence means saith he dangerous alike when they are dissemblingly used to win a Kingdom This Sejanus poisoned Drusus by corrupting Livia his Wife and practised to destroy Agrippina and Germanicus's Children from whom he endeavoured to alienate Tiberius's Mind He requested Tiberius that he might Marry Livia widow of Drusus by which means he thought to get himself incorporated into the Royal Family and having destroyed the whole Race of Germanicus and Drusus the next Heirs of Augustus he might the easier have usurped the Empire in Tiberius's old Age whom he had got to retire to Capraea and commit the management of affairs to himself But for all these gradual and high Steps when he was almost at the top of his Ambition snatching the very Diadem having already got his Image with Tiberius's decreed by the Senate to be set about the Altars of Clemency and Friendship he was at last by Tiberius's Authority and Macro's Diligence utterly destroyed (r) Tiberium variis artibus devinxit adeo ut obscurum adversum alios sibi uni incautum intectumque assiceret Id. Though he had so overcome Tiberius by his Arts that though he was reserved to all others yet to him alone he was cautionless and uncovered For as by his cunning by which he was also circumvented saith Tacitus so by the Anger of the Gods to the affairs of Rome with equal mischiefs to it he flourished and fell So Juvenal (s) Satyra 10. tells us Sejanus ducitur unco Spectandus gaudent omnes nam qui nimios optabat honores Et nimias poscebat opes numerosa parabat Excelsae Turris tabulata unde altior esset Casus impulsae praeceps immane Ruinae Fifthly 5. The Envious The Envious are very carefully to be watched over they secretly sow the Tares that choak the Fruitful Crop of peaceable Government There are some Envies that are less prejudicial to a State as being against some Ministers of State only and not against the Government and these are so natural that in the calmest times they are practised and to prevent this it is only needful for Princes to take care of the choice of such as they commit matters of publick Administration to and that Persons envied so deport themselves as they may not deserve it Publick Envy saith the Learned (t) St. Alban 's Essays c. 1. p. 33. Chancellor is an Ostracism that Eclipseth Men when they grow too great and is a Bridle to great ones to keep them within Bounds Those above others are most subject to be envied Id. who carry the greatness of their Fortunes in an insolent proud and imperious manner whereas wise Men will rather sacrifice to Envy in suffering themselves to be crossed and overborn in things that do not much concern them So the carrying greatness in a plain and open manner without Arrogance and Vain-glory doth demolish Envy Therefore the wise sort of great Persons ever bring upon the Stage somebody upon whom to derive the Envy which otherwise would fall upon themselves Persons of eminent Vertues Id. when they are advanced are less envied for their Fortune seemeth but due to them especially if they be of noble Blood being that much is not added to their Fortune so those advanced by degrees are less envied than those per saltum Those that have joined with their Honours Id. great Cares and Perils are rarely envied son Men think they earn their Honour dearly and pity them sometimes and Pity healeth Envy There fore the more sober sort of Politick Persons in their Greatness are ever bemoaning themselves quanta patintur not that they feel it so though certainly to discharge great places honourably is a vast Fatiegue but to abate the Edge of Envy as my Lord St. Albans wisely observes Unworthy Persons are most envied at first Id. whereas Persons of Worth and Merit are most envied when their Fortunes continue long for by that time though their vertue be the same yet it hath not the same Lustre for fresh Men grow up to shade it These are not the Envies that are so perilous to States for that they are terminated on particular Persons only but that Envy which is dangerous to a State is when it is great upon the Ministers of State when the (u) Dolendi modus ti mendi non item Causes of it especially are small and the Fear greater than the Feeling for that shews the Envy raised upon Design and to be general upon all or most of the Ministers and then however it
may be disguised it is upon the State it self It is this kind of Envy that principally forebodes Mischief and requires greater Skill and Dexterity in the Prince and his Ministers to avoid the Malignity of the Blast of these black Souls and the Sting of such Asps Vipers and Scorpions Therefore it is no small Skill to chuse out such for publick Negotiations as will be less subject to be envied which in Part may be understood by electing those that have Worth Ability and Vertue to commend them and not private Affection or Interest only Sixthly 6. The Discontented The discontented are File-leaders of Faction The best foresight and prevention of Mischief from them is that there be no fit Head that hath Reputation with the discontented Party upon whom they may turn their Eyes Such are either to be won off or affronted with some other of the same Party that may oppose them and so divide the Reputation and make distinct Interests among them for Factions generally subdivide as that of the Optimates and Lucullus did against Pompey and Caesar and when the Senates Authority was pulled down Caesar and Pompey after broke upon one another So Antonius and Lepidus against Brutus and Cassius and after they were overthrown Antonius and Augustus divided So in the late War the Presbyterians and Independents clashed till at last the Contest betwixt them two so weakned both that it much facilitated the Restauration of the King To give moderate Liberty for Grief and Discontent to evaporate so it be without too great Insolence saith a Wise Man (w) St. Albans tit Sedition is safe especially if a Prince noting the Causes of Discontent be removing of them insensibly during his Connivence so as he seem aliud agere to let them see it was not for want of Foresight or Good-will that he set not on the Work sooner but that he waited the critical time The neglect of this some think was one of the great misfortunes of King Charles the First 's Reign That his Ministers who could not but be sensible how universal the discontent of the People was from the beginning of his Reign yet suffered them fifteen years to be fermenting and the causes not to be insensibly removed till when it was done at last all at once Anno 1640 1641. the King got no thanks for it as seeming to be favours rather extorted than freely granted For by the long lodging of discontent in the bosom of the People the humour turned back made the wound bleed inwardly and ingendered dangerous Ulcers and malignant Imposthumes However it is too apparent though that was a great oversight yet the backwardness of the Parliaments to afford Supplies and the designers of the Civil Wars who had been at work all along were the true Cause of those Miseries together with the blessed Kings Clemency Carrying men from hopes to hopes of redress so as it be not too tiresome is one of the best Antidotes against the poyson of discontentment and when it ariseth not so much from malice as mistake (x) Da malorum poenitentiae honorum consensui spacium Tacit. 1. Histor a Prince may respite a while the Prosecution to give space to the evil to repent and to the good to consent or be convinced perhaps a little time will mellow and meliorate humours diem forsitan tempusque ipsum leniturum iras sanctitatemque animis allaturam as Livy judiciously observes Yet this is to be admitted with some restriction For as Tacitus notes (y) Ipse inutili contatione agendi tempus consultando consumpsit mox utrumque concilium aspernatus quod inter ancipitia deterrimum est dum media sequitur nec ausus est satis nec praevidit Id. 3. Hist in another case of Valens Lieutenant to Vitellius That using delay in prosecuting the Enemy to the great danger of his cause he spent the time of Action in Consultation and then rejecting the extreams of Counsel he took the middle course which saith he in cases of danger and doubt of all other is the worst So in punishing Authors of Faction it is better use severity at first for a terror than to suffer smaller Symptoms of discontent to pass so long unrectified that at last they sprout out with Hydra's heads and grow too numerous to suppress for in such cases all delays are dangerous and soft quiet dealing brings more evil than hazarding rashly as in another case about (a) Nec contatione opus ubi perniciosior fit quies quam temeritas Idem 1. Hist Otho's Conspiracy and the quickness of the execution of it he relates which might have been prevented if Galba or Piso had well observed Otho's popularity and his ingratiating himself with the Souldiery whom Galba had discontented about the Donative Seventhly 7. The Emulous The Emulous being such as think themselves equally capable of their Prince's Trust and Regard make great ruptures in a State Therefore Tacitus condemns the Politicks of Caius Caesar (b) Aequatus inter duos beneficiorum numerus mixtis utriusque mandatis discordia quaesita auctaque pravo certamine legatorum jus adolevit diuturnitate officii vel quia minoribus major mulandi cura 4. Hist that divided the Proconsulship of Africk betwixt the Proconsul and the Legate giving the latter the Legion for by parting the Office thus betwixt two without subordination their charge and points of Commission lying intermingled and running joyntly together bred and nourished discord and quarrel and through sinister emulation the Legat Valerius Festus who had command of the Legion murthered Piso the Proconsul of Africk So by the reason of that emulous hatred betwixt Vinius and Lucro c Galba knew not what Council to follow and was ruined Eighthly 8. Popularity Popular men are to be noted of what Principles they are and to which of the qualifications of the Factious Persons they are inclined or how many of Factious Ingredients are in their composition It is worth the Prince's care saith a great (d) Operae pretium est 〈◊〉 nere litium animos eâ—sque tanquam suspectos notare qui nimium populariter student â—i enim facile plebis animos quaquaversum torquent adrapiunt quodlib ertatis avidi praesentem Rempublicam contemnuaâ— Lipsius Polit. Praefat. Author to discover the inclinations of his Subjects especially those who over much affect popularity for their wheedles easily twine and hurry the common peoples minds whither they please despising the Government out of a greedy desire of liberty If these being covetous cannot be set upon some Collections of Taxes and Duties on the Subject which may be heavy upon them though laid on by Authority whereby they may be rendered ingrateful to the people who often bestow their ill will upon such or if they cannot be trapped in some escapes of their words or actions whereby fear of punishment may make them slacken their Sails lest they be over-set and cannot ride the storm Or if they
Cowards as soon as Julius Civilis's Army could advance they were soon defeated and he ascribes the cause of it to the hasty choice of Men to supply the Legions Such new (f) Ignavissimus quisque in periculo minimum ausurus nimii verbis linguae feroces Id. 1. Histor Men make a glittering show at a Muster and will brag more than any of their Courage but they will sooner unsheath their Tongues than their Swords the Slothfullest and those that dare do least with their Hands being forwardest to boast of their Exploits (g) Pro Muraena Cicero comparing the Soldiery and the Gownmen gives Preference to the Military Sagum For he saith All the Lawyers Study Industry and Commendation of Pleading is owing to the safe-guard of Warlike Vertue the one consults for and defends his Client the other is exercised in the defence of the City and propagating the Limits of the Empire and the arts of the long Robe are silenced upon the very suspicion of Tumults Vegetius (h) Nihil neque sirmius neque felicius neque laudabilius est Republica in qua abundant milites Plurimum enim terroris armorum splendor importat 2. de Re Milit tells us That nothing is more firm more happy or more commendable than that Commonwealth which abounds with Soldiers the brightness of their Arms striking Terror into their Enemies whereas their rustiness tempts them to be assaulted as being unprepared and unprovided A standing Force proportionable to the occasion and no greater is as a Nursery to educate the growing Youth in Feats of Arms to inure them to Labour Watchfullness Discipline and Courage for few Princes live their whole time without some occasion of War either at home or abroad In this Kingdom the standing Force is not so great as to be oppressive or formidable to the People and the Militia being a Portion of the People themselves armed by the King's Authority can never be repined at by such as are Lovers of their King and Countries Safety To have them kept in good Discipline by training twice a Year more earefully and industriously would be for the safety and ornament of the Government Only it is requisite that great Care be taken that the Soldiery be not only skillfully trained but be exquisitely (i) St. Alban 's Essays obedient to their Prince and the Officers be well assur'd and of good repute not in the least inclinable to Faction and Sedition holding also good Correspondence with other great Men in the State for the most excellent Historian saith The (k) Fluxa militum sides periculum a singulis Faith of Soldiers is unstable and there wants not danger from them single much more if they should make any formidable Conjunction There are infinite Examples how the standing Armies have altered the Government as in the Roman Empire was most usual the Armies setting up one or other mostly after Nero's death so that we find scarce a Succession of three in many Ages As to a Prince's fortunateness A Prince's Fortunateness it is an happy thing and much for his Security that his Subjects have an Opinion of it or as we ought to speak that he is the care of Heaven and that Divine Providence is his Tutelar Therefore the great Orator (l) Ad amplitudinem gloriam ad res magnas gerendas divinitus adjuncta fortuna dormientibus dii omnia consiciunt in sinum iis de coelo victoria devolat Pro Leg. Manl. Sed â—e Nos facimus fortuna deam coeloque locamus saith That to greatness and Glory and the atchieving great things Fortune divinely sent is to be joined that even to them sleeping and waking the Deity is Beneficial and Victory from Heaven descends into their Lap. (m) Plut. de Fortuna Rom. Ancus Martius first built a Temple to Fortune in a mans habit and Tullus the King ascribed all his actions to the guidance of Fortune So Pliny (n) Lib. 36. c. 5. tells us The Image of good Fortune made by Praxitiles was kept in the Capitol By all which we may note how advantagious they thought good luck or fortune to be for the preservation of the Government and lest it should forsake them according to the opinion of that Age that the Deities lodged in the Statues as the Souls in the Bodies they chained the Image that it might not remove from them That is only reputed good Fortune among the common sort when Princes (o) Prosperis tuis rebus certaturi ad obsequium Fortunam adversâ—m omnes ex aequo detrect abunt Tacit. 2. Histor Lib. 1. Od. 35. affairs succeed well and according to their wishes and when they are so all strive to show obedience and when adverse fortune or evil things happen all do semblably withdraw their Service from their Prince It is of this Horace so elegantly writes under the name of Fortune Te Dacus asper â—e profugi Scythae Urbesque gentes Latium ferox Regumque matres Barbarorum Purpurei metuunt Tyranni To this fortunateness as near akin Of a Prince's Fame I subjoyn the fame and good reputation of a Prince It fans away the Pestilential air of Factions and Seditions keeps young even the old age of Princes So Tacitus (p) Magis sama quam vi stare res suas 6. Annal. saith of Tiberius when he grew old and was retired to Capraea to indulge himself and had contracted much hatred His affairs rather subsisted by fame than other force which if it were true of such a Prince how much more may it be advantagious to one that hath acquired a good fame upon the constant practices of laudable and Princely Actions Therefore the same great (q) Caeteris mortalium in eo stare consilia quid sibi conducere arbitrentur Principum diversam esse sortem quibus praecipuâ— rerum ad famam dirigenda 4. Annal. Historian saith That the Counsels of other Mortals consists in doing what they may judge conducible to their private Affairs but the lot of Princes is different for they must direct their principal actions to attain fame which must necessarily be that which is commendable and of value Yet there lies some difficulty in the make of the speaking Trumpet of a Prince's fame for sometimes it must be fitted to vulgar conception for they mostly misinterpret it as (r) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 3. Thucydides well notes That modesty with them carries a shew of Idleness or Cowardise the circumspect and provident is reputed slothful and whatever is suddainly undertaken and hasty is counted vigorous and manly Therefore a Prince that expects a good fame and report must sometimes anticipate expectation in his proceedings and by surprise gain a repute of great sagacity and in some seasons and actions accommodate himself to the inclinations of his People and gratifie them in their desires So Queen Elizabeth got more money by remitting one Subsidy thereby gaining the
opinion that she would exact no more than was absolutely necessary than many Princes have got by downright representing the necessities of Supplies Lastly One of the greatest preservatives against Faction and Sedition is when there is a blessed Harmony betwixt the Prince and his great Councils which when it happeneth otherwise requires great prudence in both On the Prince's part so to propose his demands as the Equity Convenience and Justice of them may be understood and when he finds they are unrelished and heats are like to arise either to bring some new matter upon the Stage that the former proposal may insensibly be forgot or by some whiles intermission of such great Councils give respit to his own and their second thoughts and on the great Convention's part to entertain a reverend opinion of their Prince's Judgment and with real assurances of their Loyalty humbly and dutifully offer their grave Counsels without exasperation so that the Prince may demonstratively know that they have no other ends in the non-compliance but the common good of Prince and People CHAP. XLVII Of Conspiracies and Treasons I Have hitherto treated of Faction and Sedition both as they tend to the disquiet of the Government in general and as they may influence the Court only or particular persons and so we may consider them marshalled and distinguished Faction to be the siding of Parties Sedition the drawing them into Tumults and now I come to Conspiracies and Treason or Rebellion as Overt-Acts The first two are the Root and Plant the latter the prickly heads and Seeds of those Thistles Conspiracy differs from Rebellion because the one may be managed by a few and primarily aims at the Assassinating the Prince and secondarily at the overthrow of the Government whereas the other armes Multitudes against him in hopes to worst him in open Battle Uncovered Hostilities saith (a) Aâ—ma aperta palam vites fraus dolus occulta eaque inâ—vitabilia 2. Hist Tacitus may be openly avoided but Deceit and Treachery are hidden shrouded Armes and by so much the more inevitable It is not so difficult for a strong well prepared man to master his open Adversary as it is for a valiant and vigilant man to avoid hidden dangers The Snake may lye in the Grass he treads on the Scorpion may sting him to death in his Bed a Felton or Raviliack lodge a Knife in his Bosom when he (b) Multa pericula neque evitare neque 〈◊〉 in promptu est Sallust ad Caesarem neither suspects nor fears or can avoid it of which the great Caesar is a most eminent Example The condition of Princes that have Seditious Subjects is the more hazardous when guarded as they think by their own Innocence they are too confident of their own Safety When as (c) Quibuâ— de conjuâ—â—tione comperta non creditur nisi occisis Lib. 40. Livy saith the Conspiracy in part detected is not believ'd till perpetrated A single Arm or a few Brâ—tâ— who value not their own lives as Seneca (d) Contempsit omnes ille qui mortem prius Octav. elegantly may be Lord or Butcher of anothers The danger is so much the greater when the Conspirators are many provided they be equally resolute Quisquis vitam suam contempsit tui dominus Epist 4. They have many (e) Multae illis manus tibi una cervix Hands and the Prince but one Life to lose even in the Life-guard and among the Halbardiers Conspirators may be listed if the Officers be not most circumspect to know the Inclinations and Tempers as well as Faces of the Souldiers The Life of the Prince is so valuable a Blessing that no care foresight and circumspection can be too much to preserve it for by such a death (f) Magni fortunam populi in ruinas agat the happiest fortune of a great People may be brought into instant ruine Against these kind of Conspirators the Clemency Heroick Virtue obligingest Temper or Piety of a Prince are scarce sufficient Mail. Therefore when such have Factious and Seditious Subjects it ought to be their special care and of all their Ministers of State and all their Subjects to double and treble their diligence and use all their probablest means to prevent and foreslow it and generally such rational (g) Omnia summa ratione gestâ—â—etiam fortuna sequitur diligent caution will have a prosperous event It may be useful to Princes to conceal the first Intelligence of Conspiracies till more fully discovered according to that of (h) Solum sape insidiarum remedium esse si non intelligantur 1. Annal. Tacitus That the only remedy against Treachery often is That they are not understood by which I suppose he means not only pure ignorance of them but that they mis-ken and conceal their knowledge of them Yet in the interim it is requisite to have trusty Spies securely mingled in all suspicious Companies that as the (i) Conari ne te lateat quid quisque subditorum fâ—cit 5. Polit c. 11. Philosopher saith It be not concealed from them whatever his Subjects especially the Malecontents say or do This Cromwell made one of his Master-pieces Fas est ab hoste doceri and by it prevented many generous designs against his Person and Usurpation Salust observes That of all mischiefs to a Commonwealth that of Conspiracy is the worst therefore such (k) Impia proditio celeri poena vindicanda est Valer. Lib. 3. c. 6. impious and barbarous Treacheries are to be punished with a swift Hand and Unrelenting Heart as also with the severest tortures Insidiatori latroni quae potest inferri injusta nex for as the Orator saith No kind of death can be unjust to a Traytor and a Thief However in the first place it is convenient not only that the Prince be secured but that all the suspected be in arcta salva custodia in close and safe custody before a Prince proceeds to Regular Justice according to that of the excellent (l) Securitati consules antequam vindictae 12. Annal. Tacitus To consult Security before Revenge In detecting Conspirators and exposing them to the hatred of the People great future security comes to a Prince therefore strict examination bolting out the Truth undeniable Testimony and a fair open Tryal render the Conspirators more odious and the Prince's Justice more conspicuous as well as his future security more permanent Otherwise a Prince may bâ—â—alumniated (m) Crebro vulgi rumore laceraberis tanquam viros intontes ob invidiam aut metum extinxeris 15. Annal. That he destroyed the innocent for envy or fear However it may be rationally presumed that whoever clandestinely whispers such things against a Prince may either be reputed a confederate or wisher of success to such a Conspiracy It is to be considered that it is natural to the Common People to have a Commiseration of those when they suffer whom they have pursued
The Advantage of Hereditary Succession in Private Families Aristotle's Opinion Philosopher dividing Kingly Government into four kinds as I have before instanced allows all to be Haereditary except the Aesymnaetian which was Elective and since in many places he affirms Kingdoms to be more durable than Commonwealths we may conclude that the fundamental cause of that duration is the Lineal Succession We experience in private Families where a long Series of Ancestors have transmitted Inheritances to Posterity how by the settledness and encrease of their Estates their alliances and the Employments they have had in their respective Ages they have acquired Honour Renown Interest and Stability that not only a greater Respect is payed to them than to others of a later Rise but they are thereby enabled upon many accounts to manage publick or private affairs with more sure success and repute than those than have not acquired such a nodosam Aeternitatem (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 De Repub. l. 3. c. 11. Aristotle makes that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or natural Love of Parents to their Children to be one reason of the Succession of Sons to Fathers in their Kingdoms thence he makes it improbable that they who have obtained the Soveraignty should not deliver it to their Children because it would discover a Vertue beyond the ordinary Elevation of humane Nature to prefer the Benefit and good of the People by leaving them the Liberty of chusing upon every avoidance the most worthy if such a Prince's Son appeared not so rather than to establish the Principality in their own Family (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pâ—ly 〈◊〉 lib. 6. p. 455. D. Edit Wickl 1509. Several Reasons why Succession is to be preferr'd before Election Polybius speaking of Kings being most eminent for Wisdom Polybius his Opinion Justice and Valour whereby they drew the People to reverence them and consequently to submit themselves to their Conduct and Command saith That the Son having his education under such a vertuous wise Father whereby he had been present with him when affairs of the greatest Importance had been debated in common presumption was judged to be better capacitated to govern than any of a strange Family and so none would envy him his dignity but all readilier judged him the fittest to succeed And there is good reason to consider the cause of it for Government is an Art not easily attained to and by the unskilfullness in the proper Rules and Maxims the wrong Applications the Ignorance in pursuing the right Methods and chusing fit Instruments the Factious and Populace get advantages to make unfortunate times Therefore those Monarchs who from their Infancies are trained up and accustomed to Instructions in the Rudiments of Government as they grow up must more readily comprehend them must attain the better understanding of the great affairs and secret reasons of Stâ—â—â— be more quick apprehensive and sagacious in perceiving what is conducive to the common good and what not and so more ready in all publick Dispatches than such who have not been educated with all these Advantages Besides Governours at first must be to seek in understanding the nature of great Affairs so that one may as well expect (c) Dr. Nalson's Common Interest p. 113. a Man taken from the Plough should be able to Conn a Ship and carry her an East-India Voyage as that a Person though of the greatest natural and acquired Parts should at first be fit to Pilot the Government or skilful and dexterous in the steerage of the important affairs of a publick State and as in Republicks it falls out by that time he hath arrived at a competent Skill he must resign his Place and Power to others as raw and unexperienced as he was Whereas Succession in Monarchy doth effectually prevent this Inconvenience and which is of great moment it gives them an Interest and desire of designing well for the publick good safety and security of the People and the opportunity of finishing whatever is well begun For though it have happened by the Succession of a weak or vitious Prince that damage and infelicity have befallen the People yet it is very rare in History that two such succeed one another So we find in this Kingdom that Ed. 1. and Ed. 3. brought as great Honour and Renown to their Countries as their Fathers had Misfortunes and even in such Princes Reigns the Calamities that have befallen their Kingdoms have rather sprung from the Potency of Factions that took the advantage by the weakness of the Prince to bring him to Contempt that they might obtain the managery of affairs than from other Causes For even under such unfortunate Princes if it were not for factious Disturbances the Laws and good Order might during their Reigns conserve their Kingdoms in Peace Whereas in Kingdoms that are Elective The Inconveniences that happen where Right Succession is not observed Competitors and Candidates cause not only great Disturbances and Mischiefs at the Instant as we have infinite Examples when the Roman Emperors were chosen by the Factions of the Senate or Army as also in Germany before the expedient of chusing a King of the Romans and in the Miseries that have befallen Poland but Aemulations and Animosities have been continued for Ages among the prime Nobility and thence it is that the (d) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 5. Polit. c. 10. Giphanii Comment Philosopher so long since hath ascribed it one of the Principal Causes of the Destruction of a Kingdom when there is Discord in the Royal Family or as his Interpreter saith among the participes Regni as Brethren and Kindred of the Royal Family as (e) In vita Cleomenis Aegidis Plutarch tells us in the Kingdom of Sparta and as Justin gives us an account of the slaughter of Brethren and Kinsmen in the Kingdom of Syria and as it occasioned the Destruction of the flourishing Kingdom of Egypt by the Competition betwixt Ptolomy and Cleopatra and as our Ancestors sadly experienced in the Civil Wars betwixt the Houses of York and Lancaâ—â—â— and France in the Faction of Orleance and Burgundy and of later Date in the Kingdom of Hungary betwixt King John and the Emperor Ferdinand If therefore such Calamities befal Countries where Factions ruine their Peace how much more shall we judge the miserable Confusions will be when any shall challenge a Power to make a Breach in the Royal Chain of Succession especially when we find even at Rome upon the Election of the Pope by custom the People plunder the Pallace of the Cardinal who is elected Pope and since that outrage is committed where such an one is chosen as is owned by so great a part of Europe to be Christ's Vicar we are not to wonder that at the Death of the Ottoman Heir the Janizaries and Soldiery rifle and plunder Jews and Christians and cease not to commit all manner of Outrages till the new Grand Signior by his
Presence and Bounty puts an end to them Therefore as a grave (f) Nalson's Common Interest p. 118. Author observes He that hath not deposed Reason the King of his Soul and elected in its place Prejudice and Passion to govern there or dare credit the universal Experience of the World must be convinced of the great necessary and desperate Inconveniences of a long Interregnum and elective Monarchy and that a lineal Succession is the best Barrier against assaults from abroad and is that sacred perpetual vital Energy which preserves Government from internal Putrifaction and secures us from one most dangerous Inconvenience of having another Family to provide for Therefore the (g) 10. Annal. Excellent Historian most wisely observes That Minoris est discriminis Principem nasci quam sumi That Subjects more naturally submit to an undoubted unquestionable Title when the Government descends in the same manner as other Inheritances with due respect to the singleness of Sovereignty than to new Princes the worth of whom and their Families are untried This leads me to consider that this right of Succession flows from the Law of (h) Right of Succession p. 149. Nature is founded on the Law of God and Nations First That is accounted to flow from the Law of Nature Hereditary Succession agreeable to the Law of Nature which every Man finds grafted in his own Heart and which is obeyed without any other Law and for which Men neither seek nor can give any other distinct reason all which holds in this case For who doubts when he hears of an hereditary Monarchy but that the next in Blood must succeed and for which we need no positive Law nor does any Man enquire for a further Reason being satisfied therein by the Principles of his own Heart From this ground it is that though a remoter Kinsman did possess as Heir he could by no length of time prescribe a valid right because no man as Lawyers conclude can prescribe a right against the Law of Nature therefore the Law (i) Cum ratio naturalis ff de bonis damnati saith Cum ratio naturalis quasi lex quaedam tacita liberis parentum haereditatem adjecerit veluti ad debitam successionem eos vocando propter quod suorum haeredum nomen eis indultum est adeo ut ne a parentibus quidem ab ea Successione amoveri possint So in the (k) Matth. 21. Parable the Husbandman who is presumed to understand nothing but the Law of Nature is brought in saying This is the Heir let us kill him and seize on his Inheritance So the (l) Et Sect. emancipati Institut de Haered quae ab Intestato Law further saith Praetor naturalem aequitatem sequutus iis etiam bonorum possessionem contra 12 Tabularum leges contra jus civile permittit By which it is apparent that this right of Nature was stronger than the Laws of the twelve Tables though these were the most ancient and chief Statutes of Rome This holds also in the Collateral Succession of Brothers and others according to that (m) L. hac parte ff unde cognati Hac parte Proconsul naturali aequitate motus omnibus cognatis permittit bonorum possessionem quos sanguinis ratio vocat ad haereditatem For those who are now Brothers to a present Prince have been Sons to the former therefore as St. Paul says If a Son then an Heir except he be secluded by the Existence and Succession of an elder Brother Secondly Agreeable to the law of God That the Law of God gives right of Succession to proximity of Blood is manifest in that if a Man hath no (n) Numb 27. v. 9 10. Son or Daughter his Inheritance shall descend upon his Brother and so God determines in the case of (o) Numb 36. Zelophead's Daughters and so (p) 2 Chron. 22.1 Ahaziah was made King though the youngest in his Fathers stead because says the Text The Arabians had slain all the eldest which clearly shews That by Gods Law he could not have succeeded if the eldest had been alive So we see the birth-right was owned in Esau but that he sold it the priviledge of which is there fully discovered not only in discovering the right of Primogeniture but likewise in the Donation of Parents to their Children that Blessing being like the last Will and Testament Thirdly Agreeable to the Law of Nations As to the Law of Nations it might be made clear by the recital of all the Laws of Kingdoms that are Hereditary and not Elective That degrees of Succession were exactly observed according to that of (q) De Repub. lib. 6. c. 5. Bodin Ordo non tantum naturae divinae legis sed omnium ubique gentium hoc postulat So Pope (r) In c. grand de supplenda neglig Pralat Innocent In regnis haereditariis caveri non potest ne filius aut frater succedat and so in all Histories of Hereditary Monarchies we find it where Potent Usurpation hath not obstructed the free current or by some violent means derived it into another Channel If Successions of so great importance had not been fixed by immutable Laws of God and Nature the various and inconstant inclinations of present Governors saith a very (s) Jus Regium p. 158. Judicious Author had made the Nations whom they governed very unhappy If they yielding to the importunities of Mothers or Stepmothers or clouded by the Jealousie of Flatterers or Favourites or upon some unaccountable aversion should place the Crown upon what Head they pleased Therefore God did very justly and wisely settle this Succession that both King and People might know That it is by him that Kings Reign and Kingdoms are secured in Peace against Factions To come more particularly to our own Country The Monarchy of great Britain and Ireland The British Monarchy Hereditary is undoubtedly as firmly established hereditarily in his Majesties Blood and Family as it is in any Monarch's in Europe A late French (t) Of the States and their Powers p. 68. Author speaking of the Succession of the Crown of France saith That the Election of the Kingdom is not of one Person only but of the blood and operates so far as there is life in that blood The blood being chosen with the Prerogative of Primogeniture So that when one Person of the blood is dead the Power by the same Prerogative being transferred to the blood remains and rests in the blood still living and in him of the blood who succeeds by that Prerogative and in none else The Majesty Royal saith a (u) Majestas Intemerata profound Lawyer and Antiquary upon the murther of King Charles the First expired not nor was left adhering to the bloody Axe or Block It wandred not like Adrian's Ghost nor hovered in an Airy abstraction For the King or rather the Kings line saith another (w) Finch p. 83. great Lawyer is
Issue according to the present interests of his Affairs and Passions that such contradictory Acts could not be all true and though the Responses from Delphos or any Oracles of the Gentile ages might miss the truth as much yet by their dubious answers they forfeited not their reputations so much We may also note (l) Jus Regium p. 178 179. that by God Almighty's Providence and the care of his own Laws the Duke of Richmond was removed by death to prevent the unjust Competitors and Prince Edward was born and by the same Providence and the sence the Subjects had of the great Fundamental of Hereditary Succession contrary to some of these Acts and what Edward the Sixth did in setling the Crown upon the Lady Jane Grey proved of no force for Queen Mary succeeded though she was a Papist and Queen Elizabeth succeeded her though she was declared Bastard The rights of Blood prevailing over the Formalities of Divorce and the Dispensations of the Popes and the Laws made to gratify Henry the Eighth's pleasure as the strength of nature doth often prevail over Poisons and to evince the greater certainty of their being void so little notice was taken of those and the subsequent Acts Anno 1535. that the Heirs of the Blood succeeded without repealing that Act as an Act in it self invalid from the beginning For such Acts are past by without being repealed as we find in the Act of Recognition of Queen Elizabeth no notice was taken of the Act of Parliament against her and Blackwood (m) P. 45. observes very well that so conscious were the makers of these Acts Jus Regium p. 179. of the illegality of them and of their being contrary to the immutable Laws of God Nature and Nations that none durst produce that Kings Testament wherein he did nominate a Successor conformable to the power granted by those Acts but that as soon as they were freed by his Death from the violent oppressions that had forced them to alter a Successor three several times and at last to swear implicitly to whomsoever he should nominate they proclaimed first Queen Mary and after her decease Queen Elizabeth Therefore all these Acts both of Henry the Eighth and Edward the Sixth are to be looked upon as Politick interims to serve for some present ends And as we observe the trepidations vibrations and as we may say uneasiness of things in all that have been displaced till reseated again whereby we have a certain Indicium of any thing Natural so may we note the naturalness of Hereditary Succession by the Tragical Convulsions and unsetledness of things in any State where great force and policy have usurped the Crown till it hath returned to the right owner So we see after the force was removed by the expiration of Henry the Eighth and Edward the Sixth things returned again into their pristin State according to the Laws of the Crown I shall now pass to consider other Reasons and First it may be observed Fundamentals in Government not to be altered That the Venerable Age of such Fundamental Laws should have another kind of respect pay'd to them than to be made obsolete because they will not sort with some new-fashioned Intrigue For it is a most true Maxime Non magis aliunde floret respublica quam si legum vigeat Authoritas So in the first Parliament (n) Cap. 2. of King James the First it is fully expressed That to alter and innovate the Fundamental ad Ancient Laws See Commission for Union 16â—4 Priviledges and good Customs of the Kingdom whereby not only the Kings Regal Authority but the Peoples securities of Lands Livings and Priviledges both in general and particular are preserved and maintained and by the abolishing or alteration of the which it is impossible but that present confusion will fall upon the whole State and frame of Government is of most dangerous consequence whence we may well infer That to endeavour to alter the right of Succession of the Crown in the direct line is one of the most dangerous Innovations of all others as drawing innumerable mischiefs after it Now there can be no greater fundamental right than the Succession of our Monarch The Hereditary Succession is a Fundamental That our Monarchy is Hereditary is the great Basis upon which most of all the positions of the Laws are established which every where we meet with in the Writings of Lawyers viz. That the King never dies the next Successour in Blood is legally King from the very moment in which the last King dies that there needs neither Coronation or Recognition of the People to intitle him to the exercise of his Regal Authority that his Commissions are valid all Men are liable to do him Homage and hold their rights of him and his Heirs he may call Parliaments dispose of the Lands belonging to the Crown and all that oppose him are Rebells Generally this Principle runs through all the Veins of our Laws it is that which gives Life and Authority to our Statutes but receives none from them which are undeniable marks and Characters of a Fundamental Right in all Nations Secondly Such further provision hath the Law made to secure the Succession in the direct line that if the right Heir of the Blood or the Father or Mother of the right Heir be attainted of High Treason by Parliament the Attainder is no obstruction to the descent If he who were to succeed had committed Murther or were declared Traytor formerly to the Crown for open Rebellion against the King and Kingdom yet upon his coming to the Crown he need not to be restored by Act of Parliament but his very right of Blood would purge all these Imperfections For tanta est Regii sanguinis praerogativa dignitas ut vitium non admittat nec se contaminare patiatur saith a (o) Craig learned Lawyer and the Reasons given are For that no Man can be a Rebel against himself nor can the King have a Superior and consequently there can be none whom he can (p) Jus Reg. p. 169. offend and it would be absurd that he who can restore all other Men should need to be restored himself Also the Punishments of Crimes such as Confiscations c. are to be inflicted by the Kings Authority or to fall to the Kings Treasury and it would be most absurd that a Man should exact from himself a Punishment So Richard Plantaginet Duke of York and Edward the Fourth his Son were both attainted yet Edward the Fourth was rightful King and no impediment in the Succession accrued by it So Charles the Seventh of France though banished by Sentence of Parliament did afterwards succeed to the Crown and though Lewis the Twelfth forfeited for taking up Arms against Charles the Eighth yet he succeeded and Alexander Duke of Albany and his Descendants being declared Traytors by his Brother King James the Fourth yet his Son John being called home upon
his Uncles Death was declared Tutor and Governour without any remission or being restored and if his Cousin King James had died without Issue he had been declared the true Successour of the Crown We have a memorable Instance of this in H. 7. who when he came to the Crown called his Parliament and the Judges having determined that those Members of the House that had been outlawed by the Parliament in Richard the Third's time and been declared Rebels should absent themselves till a Bill were brought in for their restoring It was moved among the Judges what should be done about the King who had been condemned and declared Traytor c. and it was by the unanimous consent of all the Judges saith the learned (q) St. Alban's Hist H. 7. p. 29. Chancellor declared That the Crown removed all the obstructions in the Blood which might in any manner impede its descent and from that time the King took the Crown Coronam ipsam omnes sanguinis oppilationes quae descensum Coronae ullatenus impediunt deobstruere Vt Regi opera Parliamentaria non fuisset opus the fountain of his Blood was purged and all the Corruptions and Impurities taken away so that he had no need of any Parliamentary help to supply him Thirdly The Consideration of the Oaths which the Subjects are bound to take and observe gives some further Proof of the Obligation of all the Subjects to maintain this lineal Succession The Oaths of Allegiance and Supremacy bind the Subjects to bear Faith and true Allegiance to the King's Highness The Oaths of Allegiance and Supremacy against altering Succession his Heirs and lawful Successors and that to their Power they shall assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted to the King's Highness his Heirs and lawful Successors or united and annexed to the Imperial Crown of this Realm and of those Priviledges c. I think none will deny but that Hereditary Succession is one of the principal Prerogatives intended by those Oaths We are not in these only sworn to His Majesty but his Lawful Successors which word Lawful is inserted to cut off the Pretences of such as should not succeed by Law and the insolent Arbitrariness of such as being but Subjects themselves think they may chuse their King These being promissory Oaths as well to the Successors when their Right shall fall as to the present King they have every of them in their respective degrees and orders and indispensible Right confirmed to them by this Oath So that the Predecessor hath no legal right to deprive his Successor as hereafter I shall clear nor to remit the Peoples Obligation to him as lawful Heir and Successor (r) Address part 3. p. 64. much less can the two Houses do it for they are all within the Obligation of this Oath and it is unreasonable that Men should dispence with their own promissory Oaths to others for this would destroy all Faith and Confidence amongst Men and pull up the very roots of Society and Government Whereas some object out of my Lord (s) Coke on Littleton p. 8. Coke Objection That none is Heir before the death of his Ancestor but Heir apparent It is to be considered Answered that it must be the Heir presumptive or apparent that is here understood otherwise the inserting the word Heir were superfluous if by the Oaths were not intended he that is next Heir upon the Death of the King and if any Person think to evade it by affirming that if the Parliament declare any Person to be no next Heir he ceaseth to be so as also not to be lawful Successor because by such an Act he is outlawed Let such Persons consider that this is neither better nor worse than palpable Aequivocation For we swear in the common Sence of the words and so by Heir we understand such as by proximity of Blood have greatest right to succeed in the Inheritance It may be farther considered that the Lord Chancellor Treasurer and Judges (t) See 18 E. 3. all the great Officers of State the Privy-Council c. are all sworn to defend the Rights of the Crown and that they shall not concurr or assent to any thing which may turn to the King in Damage or Dis-herison How then can any of these much less the Judges who are to expound and interpret the Law consent without palpable violation of their Oaths to the changing of the Essence of the Monarchy I shall now endeavour to prove Acts of Parliament cannot alter Lineal Succession that no Parliament by a compleat Act can legally alter the Succession in an Hereditary Monarchy For first all (u) Jus Reg. p. 153. Kings and Parliaments are subordinate to the Laws of God the Laws of Nature and Nations So that unless we give the Inferior Power and Jurisdiction over the Superior no Act of Parliament can be binding to overturn what those three Laws have have established and I hope I have proved under all these Heads in the preceding part of this discourse that the right of Succession is founded on them As to the Law of God it is clear not only from the general dictates of Religion but 28 H. 8. c. 7. the Parliament uses these words For no Man can dispence with God's Laws which we also affirm and think As to the Laws of Nature they are acknowledged to be immutable from the Principles of Reason So the (w) Sect. sed naturale Institut de Jure naturali Law it self confesseth Naturalia quaedam Jura quae apud omnes gentes observantur divina quadam providentia constituta semper firma atque immutabilia permanent Certain natural Laws which are observed by all Nations and such is that of Primogeniture by Divine Providence being constituted remain always firm and immutable So when the Law declares that a supreme Prince is free from the obligation of Laws solutus Legibus yet Lawyers (x) Voet. de Statutis sect 5. c. 1 Accursius in L. Princeps F. de Leg. Clementina pasturalis de re Judicata still acknowledge that this does not exclude these Supream Powers from being liable to the Laws of God Nature and Nations as is evident by all that treat of that Point Nor can the Law of Nations be overturned by private municipal Laws so all Statutes to the prejudice of Ambassadors who are secured by the Law of Nations are confessed by all to be null and the highest Power whatsoever cannot take off the denouncing of a War before a War can be lawful Besides secondly a Parliament cannot do more than (y) Jus Reg. p. 154. any absolute Monarch in his own Kingdom for they when joyned are but in place of the supreme Power sitting in Judgment We must not think our Parliaments have an unlimited Power de jure so as they may make a forfeiture or take away Life without a cause or pass Sentence against the Subjects
Agonistes The Author John Milton The Fables of Esop in two Volumes Paraphras'd in Verse adorned with 100 Copper Sculptures and illustrated with Annotations By John Ogilby Esq Actions upon the Case for Slander or A Methodical Collection under certain Heads of thousands of Cases dispersed in the many great Volumes of the Law of what Words are Actionable and what not and of a Conspiracy and Libel By William Sheppard Esq An Exact Abridgment in English of the Cases reported by Sir Francis Moor Knight with the Resolution of the Points of Law therein by the Judges Books in Octavo small and Twelves Sterometry made easie or The Description and Use of a new Gauging Rod or Sliding Rule by which the content of any Tun Copper Cask or other Vessel may be readily found either the Whole or any Part thereof the Area's of Circles in Gallons and Barrels being found by Inspection only as also the Extraction of the Square and Cube Root Questions concerning Interest and Annuities and many other Arithmetical Problems are hereby resolved without Pen or Compasses To which is added An Appendix containing the Description and Use of another New Rule very useful in Gauging of Worts and resolving Questions in the Mensuration of Solids and Superficies With a Table of the Area's of Circles and Contents of Cylinders in Ale-Gallons Calculated to every tenth part of an Inch from 12 to 156 Inches Diameter By Tho. Everard Philomath The Policy and Government of the Venetians both in Civil and Military Affairs Written in French by the Sieur de la Haye and faithfully Englished An Enquiry whether Oral Tradition or the Sacred Writings be the safest Conservatory and Conveyance of Divine Truths down from their Original Delivery through all succeeding Ages The Rules of Civility or Certain Ways of Deportment observed amongst all Persons of Quality upon several Occasions Newly revised and much enlarged A Breviate of the Proceedings of France from the Pyrenaean Treaty to this time Grammatica Reformata Or A general Examination of the Art of Grammar as it hath been successively delivered by Franciscus Sanchus in Spain by Gasper Scioppius in France by Gerardus Joannes Vossius in the Lower Germany and Methodiz'd by the Oxford Grammarian in his Observations upon Lilly By John Twells Schoolmaster Fundamenta Grammatices or The Foundation of the Latin Tongue Being an Explanation of the Eight Parts of Speech with a more easie Method for the Declining of Nouns terminating the Declensions Comparing of Adjectives Conjugating of Verbs c. Also Propria quae maribus Quae genus and As in praesenti examined and made plain to the meanest Capacity with the meaning of all the Rules in Syntaxis with the particular Examples of each Rule applied and parsed for the Use and Benefit of all those that desire to be instructed in the Latin Tongue A Course of Catechising Being the Marrow of all Orthodox and Practical Expositions upon the Church-Catechism and of all Controversies upon the Church-Customs and Observances Digested into Fifty two Heads for Fifty two Sundays in the Year Useful for Ministers and their People School-masters and their Scholars Parents and Children Masters and Servants Illustrated with many Copper Pieces fitted to the several Occasions Seneca with Farnaby's Notes Printed for R. Scot Tho. Basset R. Châ—swell c. and sold by R. Clavell Aesop's Fables in Greek and Latin Printed for Jo. Redmayne and sold by R. Clavell Midicina Instaurata or A brief Account of the true Grounds and Principles of the Art of Physick with the insufficiency of the Vulgar Way of Preparing Medicines and the Excellency of such as are made by Chymical Operation Whereunto is added A plain Discourse as a Light to the True Preparation of Animal and Vegetable Animals with a Discovery of the true Subject of the Philosophical Mineral Mercury and that from the Authorities of the most Famous Philosophers By Edw. Bolnest M. D. The Temperate Man or the right way of preserving Life and Health together with the soundness of the Senses Judgment and Memory unto extream old Age in three Treatises the first written by the learned Leonardus Lessius the second by Lodowick Cornaro a Noble Gentleman of Venice the third by a Famous Italian faithfully Englished Two plain and profitable Discourses upon the two Sacraments the first laying open the nature of Baptism and pressing the serious Consideration and Religious observation of the second Vow made by all Christians in their Baptism the other pressing as earnestly the frequent renewing of our Baptismal Vow at the Lords Holy Table demonstrating the undispensable necessity of receiving and the great sin and danger of neglecting the Lords Supper The present State of the Princes and Republicks of Italy with observations on them the second Edition enlarged with the manner of electing Popes and a Character of Spain Treasons Master-piece or a Conference held at White-hall between Oliver Cromwell the late Usurper and a Committee of the then pretended Parliament who desired him to take upon him the Title of King of England c. with an intent to exclude the Royal Line wherein many of the Leading Men of those times did by unanswerable Arguments assert and prove Monarchy to be the only Legal Ancient and Necessary Form of Government in these Kingdoms Usury stated Whereunto are adjoyned some Animadversions on Mr. Bolton's and Mr. Capel's Discourses concerning the same Subject Schematologia Grammatica examplis tam Graecis quam Latinis illustrata ad defectus Grammatices vulgaris in hac parte supplendos Autore Michaele Gilberto A. M. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a History of Fevers composed according to such use of the Parts circulation of the Blood and the various Offices both of the Limpid Liquor and Nervous Juice as have been the happy Discoveries of Modern Anatomy together with a more particular description of the uses of the Spleen and Pancreas as also of the manner of Natures proceeding in the several motions of Fermentation and Ebullition than hath been formerly divulged The present state of the United Provinces of the Low-Countries as to the Government Laws Forces Riches Manners Customs Revenue and Territory of the Dutch in three Books Collected by W. A. Fellow of the Royal Society Accidence Commenced Grammer and supplied with sufficient Rules or a new and easy Method for the learning of the Latin Tongue The Author John Milton The Golden Calf which the World adores and desires in which is handled the most rare and incomparable wonder of Nature in transmitting Mettals viz. How the intire substance of Lead was in one moment transmitted into Gold Obrison with an exceeding true Particle of the Philosophers Stone at the Hague in the year 1666 written in Latin by John Frederick Helvesius Doctor and Practitioner of Medicine at the Hague faithfully Englished Medicina Statica or Rules of Health in eight Sections of Aphorisms Originally written by Sanctorius chief Professor of Physick at Padua Englished by J. D. Physick for Families or the new safe and powerful way of Physick upon constant proof established enabling every one at Sea or Land by the Medicines herein mentioned to cure themselves their Friends and Relations in all Distempers and Diseases without any trouble hazard pain or danger of Purges Vomits Bleeding Issues Glisters Blisters Opium Antimony and Quicksilver so full of perplexity in Sickness by W. Welwyn Physician Compendium Politicum or the Distempers of Government under these two Heads The Nobilities desire of Rule The Commons desire of Liberty with their proper Remedies in a brief Essay on the long Reign of King Henry III. By J. Y. of Grays-Inn Esquire Books newly Printed Of the Excellency of Monarchical Government especially of the English Monarchy Wherein is largely treated of the several Benefits of Kingly Government and the Inconvenience of Commonwealths Also of the several Badges of Sovereignty in general and particularly according to the Constitution of our Laws Likewise of the Duty of Subjects and the Mischiefs of Faction Sedition and Rebellion In all which the Principles and Practices of our late Commonwealths-men are considered By Nathaniel Johnston Doctor in Physick Sir William Dugdale's Summons of the Nobility to the Great Councils and Parliaments of this Kingdom c. Dr. Combers First and Second Book about Tithes with a Discourse of Excommunication Dr. Stern Archbishop of York his Book of Logick In Octavo Dean of Durham his Counsel and Directions Moral and Divine to a Young Gent. Swinborns Treatise of Spousals and Matrimonial Contracts The Installation of the Duke of Norfolk Earl of Peterborough and Earl of Rochester all newly published