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A52850 Discourses concerning government, in a way of dialogue wherein, by observations drawn from other kingdoms and states, the excellency of the English government is demonstrated, the causes of the decay thereof are considered, and proper remedies for cure proposed / by Henry Nevill ...; Plato redivivus. 1698 Neville, Henry, 1620-1694. 1698 (1698) Wing N503A; ESTC R39070 112,421 300

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and Mr. Attwood of grays-Inne being Gentlemen whom I do mention honoris causa and really they deserve to be honor'd that they will spare some time from the Mechanical part of their Callings which is to assist Clients with Counsel and to plead their Causes and which I acknowledg likewise to be honourable to study the true Interest of their Country and to show how ancient the Rights of the People in England are and that in a time when neither Profit nor Countenance can be hop'd for from so ingenious an undertaking But I beg pardon for the deviation Of the three branches of Soveraign Power which Politicians mention which are Enacting Laws Levying of Taxes and making War and Peace the two first of them are indisputably in the Parliament and when I say Parliament I ever intend with the King The last has been usually exercis'd by the Prince if he can do it with his own Money yet because even in that Case it may be ruinous to the Kingdom by exposing it to an Invasion many have affirmed that such a Power cannot be by the true and ancient free Government of England supposed to be Intrusted in the hands of one man And therefore we see in divers Kings Reigns the Parliament has been Consulted and their advice taken in those matters that have either concerned War or Leagues And that if it has been omitted Addresses have been made to the king by Parliaments either to make war or peace according to what they thought profitable to the publick So that I will not determine whether that power which draws such consequences after it be by the genuine sence of our Laws in the Prince or no although I know of no Statute or written Record which makes it otherwise That which is undoubtedly the Kings Right or prerogative is to Call and Dissolve Parliaments to preside in them to approve of all Acts made by them and to put in Execution as Supream or Soveraign Magistrate in the Intervals of Parliaments and during their Sitting all Laws made by them as also the Common Law for which Cause he has the nomination of all Inferiour Officers and Ministers under him excepting such as by Law or Charter are eligible otherwise and the Power of the Sword to force Obedience to the Judgements given both in Criminal and Civil Causes Doct. Sir You have made us a very absolute Prince what have we left us if the King have all this Power what do our Liberties or Rights signifie whenever he pleases Eng. Gent. This Objection Doctor makes good what I said before that your skill did not terminate in the body natural but extend to the Politick for a more pertinent Interrogatory could never have been made by Plato or Aristotle In answer to which you may please to understand That when these Constitutions were first made our Ancestors were a plain-hearted well-meaning People without Court-reserves or tricks who having made choice of this sort of Government and having Power enough in their hands to make it take place did not foresee or imagine that any thoughts of Invading their Rights could enter into the Princes Head nor do I read that it ever did till the Norman Line came to Reign which coming in by Treaty it was obvious there was no Conquest made upon any but Harold in whose stead William the First came and would claim no more after his Victory than what Harold enjoy'd excepting that he might confiscate as he did those great men who took part with the wrong Title and French-men were put into their Estates which though it made in this Kingdom a mixture between Normans and Saxons yet produced no Change or Innovation in the Government the Norman Peers being as tenacious of their Liberties and as active in the recovery of them to the full as the Saxon Families were Soon after the death of William and possibly in his time there began some Invasions upon the Rights of the Kingdom which begat Grievances and afterwards Complaints and Discontents which grew to that height that the Peers were fain to use their Power that is Arm their Vassals to defend the Government whilest the Princes of that Age first King John and then Henry the Third got Force together The Barons call'd in Lewis the Dauphin whilst the King would have given away the Kingdom to the Sarazens as he did to the Pope and armed their own Creatures so that a bloody War ensued for almost forty years off and on as may be read in our History The success was that the Barons or Peers obtained in the close two Charters or Laws for the ascertaining their Rights by which neither their Lives Liberties or Estates could ever be in danger any more from any Arbitrary Power in the Prince and so the good Government of England which was before this time like the Law of Nature onely written in the hearts of Men came to be exprest in Parchment and remain a Record in Writing though these Charters gave us no more than what was our own before After these Charters were made there could not chuse but happen some encroachment upon them but so long as the Peers kept their greatness there was no breaches but what were immediately made up in Parliament which when-ever they assembled did in the first place confirm the Charters and made very often Interpretations upon them for the benefit of the People witness the Statute de Tallagio non concedendo and many others But to come nearer the giving the Doctor an answer you may please to understand that not long after the framing of these forementioned Charters there did arise a Grievance not foreseen or provided for by them and it was such an one that had beaten down the Government at once if it had not been Redressed in an Orderly way This was the Intermission of Par●iaments which could not be called but ●y the Prince and he not doing of it ●hey ceast to be Assembled for some years if this had not been speedily re●edied the Barons must have put on ●heir Armour again for who can Ima●ine that such brisk Assertors of their ●ights could have acquiesced in an Omission that ruin'd the Foundation of the Government which consisting of King Lords and Commons and having at that time Marched near Five hundred years upon three Leggs must then have gone on hopping upon one which could it have gone forward as was impossible whilest Property continued where it was yet would have rid but a little way Nor can it be wonder'd at that our great Men made no provision against this Grievance in their Charters because it was impossible for them to imagine that their Prince who had so good a share in this Government should go about to destroy it and to take that burden upon himself which by our Constitution was undeniably to be divided between him and his Subjects And therefore divers of the great Men of those times speaking with that excellent Prince King Edward the First about it
their consideration what should be done in it it was at length concluded that Themistocles should propose it to Aristides and if he did next morning acquaint the People that he gave his approbation to it it should be proceeded in Themistocles informs him that the whole Fleet of their Confederates in the War against the Medes had betaken themselves to the great Arsenal upon their Coast where they might be easily fired and then the Athenians would remain absolute Masters of the Sea and so give Law to all Greece when Aristides came the next day to deliver his Judgment to the People he told them that the business proposed by Themistocles was indeed very advantageous and profitable to the Athenians But withal the most Wicked and Villanous Attempt that ever was undertaken upon which it was wholly laid aside And the same Judgment do I give Doctor of your Democracy at this time But to return to the place where I was I do belive that this difference may easily be terminated very fairly and that our House need not be pulled down and a new one built but may be very easily repair'd so that it may last many hundred years Noble Ven. I begin to perceive that you aim at this That the King must give the People more Power as Henry the Third and King John did or the Parliament must give the King more as you said they did in France in the time of Lewis the Eleventh or else that it will come in time to a War again Eng. Gent. You may please to know that in all times hitherto the Parliament never demanded any thing of the King wherein the Interest and Government of the Kingdom was concerned excepting Acts of Pardon but they founded their demands upon their Right not only because it might seem unreasonable for them to be earnest with him to give them that which was his own but also because they cannot chuse but know that all Powers which are Fundamentally and Lawfully in the Crown were placed there upon the first Institution of our Government to capacitate the Prince to Govern and Protect his People So that for the Parliament to seek to take from him such Authority were to be felo de se as we call a self-Homicide but as in some Distempers of the Body the Head suffers as well as the Inferiour parts so that it is not possible for it to order direct and provide for the whole Body as its Office requires since the Wisdom and Power which is placed there is given by God to that end In which Case though the Distemper of the Body may begin from the Disease of some other part or from the mass of Blood or putrefaction of other Humours yet since that noble part is so affected by it that Reason and Discourse fails therefore to restore this again Remedies must be apply'd to and possibly Humours or Vapours drawn from the Head it self that so it may be able to Govern and Reign over the Body as it did before or else the whole Man like a Slave must be ruled and guided ab extrinseco that is by some Keeper So it is now with us in our Politick Disease where granting if you please that the Distemper does not proceed from the Head but the Corruption of other parts yet in the Cure Applications must be made to the Head as well as to the Members if we mean poor England shall recover its former perfect health and there fore it will be found perhaps Essential to our being to ask something in the condition we now are to which the King as yet may have a Right and which except he please to part with the Phenomena of Government cannot be salved That is our Laws cannot be executed nor Magna Charta it self made practicable and so both Prince and People that is the Polity of England must die of this Disease or by this Delirium must be Governed ab extrinseco and fall to the Lot of some Foregin Power Noble Ven. But Sir since the business is come to this Dilemma why may not the King ask more Power of the Parliament as well as they of him Eng. Gent. No question but our present Councellours and Courtiers would be nibbling at that bait again if they had another Parliament that would take Pensions for their Votes But in one that is come fresh from the People and understand their Sense and Grievances very well I hardly believe they will attempt it for both Council and Parliament must needs know by this time-a-day that the Cause of all our Distractions coming as has been said an hundred times from the King 's having a greater Power already than the condition of Property at this present can admit without Confusion and Disorder It is not like to mend Matters for them to give him more except they will deliver up to him at the same instant their Possessions and Right to their Lands and become Naturally and Politically his Slaves Noble Ven. Since there must be a voluntary parting with Power I fear your Cure will prove long and ineffectul and we Reconcilers shall I fear prove like our devout Cappuchin at Venice this poor Mans name was Fra. Barnardino da Vdine and was esteemed a very holy Man as well as an excellent Preacher insomuch that he was appointed to Preach the Lent Sermons in one of our principal Churches which he performed at the begining with so much Eloquence and Applause that the Church was daily crouded three hours before the Sermon was to begin the esteem and veneration this poor Fryar was in elevated his Spirit a little too high to be contained within the bounds of reason but before his Delirium was perceived he told his Auditory one day that the true Devotion of that People and the care they had to come to hear his word Preached had been so acceptable to God and to the Virgine that they had vouchsafed to Inspire him with the knowledg of an Expedient which he did not doubt but would make Men happy just even in this Life that the Flesh should no longer lust against the Spirit but that he would not acquaint them with it at that present because something was to be done on their parts to make them capable of this great Blessing which was to pray zealously for a happy Success upon his Endeavours and to Fast and to visit the Churches to that end therefore he desired them to come the Wednesday following to be made acquainted with this blessed Expedient You may Imagine how desirous our People were to hear something more of this Fifth-Monarchy I will shorten my Story and tell you nothing of what crouding there was all night and what quarrelling for places in the Church nor with what difficulty the Saffi who were sent by the Magistrate to keep the Paece and to make way for the Preacher to get into the Pulpit did both But up he got and after a long preamable of desiring more Prayers and Addressing
there were an Army Landed in this Island yet that we must begin there before we are fit to repulse them or defend our selves And the fear and sense of this People universally is that if we should have any War either for our own Concerns or for those of our Allies whilst Matters remain as they do at home it would certainly come to this pass that either being beaten we should subject this Kingdom to an Invasion at a time when we are in a very ill condition to repell it or else if we were Victorious that our Courtiers and Counsellors in fragrante or as the French cry d'emble would employ that Mettle and good Fortune to try some such Conclusions at home as we have been discoursing of And therefore if any War should be undertaken without Parliament you should see the People rejoyce as much at any disaster our Forces should receive as they did when the Scots seized the four Northern Counties in 1639. Or before that when we were beaten at the Isle of Rhee or when we had any Loss in the last War with Holland And this Joy is not so unnatural as it may seem to those who do not consider the Cause of it which is the breach of our old Government and the necessity our Governors are under to make some new experiments And the fear we are in that any Prosperity may make them able to try them either with Effect or at least with Impunity Which Consideration made a Court-Droll say lately to His Majesty who seemed to wonder why his subjects hated the French so much Sir it is because you love them and espouse their Interest And if you would discover this Truth clearly you may please to make War with the King of France and then you shall see that this People will not only love them take their parts and wish them Success but will exceedingly rejoyce when they are Victorious in sinking your Ships or defeating your Forces And this is sufficient to answer your Proposal for Alliances abroad and for a War with France Besides this to wind all up in a Word it is not to be imagined that so good and wise a Prince as we have at this time should ever be induced when he comes to understand perfectly his own Condition to let his own Interest granting his Power to be so which is very false contest with the Safety and Preservation of his People for which only it was given him or that he will be any way tenacious of such Prerogatives as now by a natural Revolution of Political Circumstances are so far from continuing useful to his Governing the People that they are the only Remora and Obstacle of all Government Settlement and Order For His Majesty must needs know that all Forms of regulating Mankind under Laws were ordained by God and Man for the Happiness and Security of the Governed and not for the Interest and Greatness of those who rule unless where there is Melior Natura in the Case So God Governs Man for his own Glory only and Men Reign over Beasts for their own Use and Service and where an Absolute Prince rules over his own Servants whom he feeds and pays as we have said or the Master of a great and numerous Family Governs his Houshold they are both bound by the Law of God and Nature and by their own Interest to do them Justice and not Insaevire or Tyranize over them more than the necessity of preserving their Empire and Authority requires Doct. But Sir considering the difficulty which will be found in the King and possibly in the Parliament too to come up to so great an alteration at the first and the danger that may happen by our remaining long in this unsetled Condition which does hourly expose us to innumerable hazards both at home and from abroad why may we not begin and lay the Foundation now by removing all His Majesty's present Council by Parliament which is no new thing but hath been often practised in many Kings Reigns Eng. Gent. First the Council that is the Privy Council which you mean is no part of our Government as we may have occasion to shew hereafter nor is the King obliged by any Fundamental Law or by any Act of Parliament to hearken to their Advice or so much as to ask it and if you should make one on purpose besides that it would not be so effectual as what we may propose it would be full as hard to go down either with King or Parliament But besides all this you would see some of these Counsellours so nominated by Parliament perhaps prove honest and then they would be forced to withdraw as some lately did because they found I suppose that till the Administration be alter'd it is impossible that their Councils can be imbraced or any thing be acted by them which may tend to the good of their Country those who have not so great a sence of Honour and Integrity will be presently corrupted by their own Interest whilst the Prince is left in possession of all those baits and means to answer such Mens ectpectations It being most certain that if you have a musty Vessel and by consequence dislike the Beer which comes out of it and draw it out causing the Barrel to be immediately fill'd with good and sound Liquor it is certain by experience that both your new Drink and all that ever you shall put into the Cask till it be taken in pieces and the Pipes shaved and new model'd will be full as musty and unsavoury as the first which you found fault with Noble Ven. Now Sir I think we are at an end of our Questions and I for my part am convinced that as the King cannot better himself any way by falling out with his people at this time so that his goodness and wisdom is such that he will rather chuse to imitate the most glorious and generous of his predecessors as Edward the First and Edward the Third than those who were of less worth and more unfortunate as Edward the Second and Richard the Second And therefore we are now ready to hear what you would think fit to ask of so excellent a Prince Eng. Gent. I never undertook to be so presumptuous there is a Parliament to sit speedily and certainly they are the fittest every way to search into such matters and to anticipate their wisdom would be unreasonable and might give them just offence But because all this tittle tattle may not go for nothing I shall presume to give you my thoughts how the Cure must be wrought without descending to particulars The Cause Immediate as we have said of our Disease is the inexecution of our Laws and it is most true that when that is alter'd for the better and that all our Laws are duly executed we are in health for as we can never have the entire benefit of them till our Government is upon a right Basis so whenever we enjoy this happiness to