Page images
PDF
EPUB

of causes; not as in foreign politics, on accidents and chances, and the caprices of a few persons. We shall, therefore, endeavour to place a practical demonstration of our matchless constitution, by giving a succinct historical origin and its progressive changes to the present time; also a brief biography of the most illustrious statesmen that have adorned our British senate; embodying a collection of speeches from past and present distinguished orators, combining the splendor and dignity of elocution, with the beauty and sublimity of metaphor. It is presumed that a collection of events, so essential to be known by every British subject, will not only be deemed worthy the notice of the politician, but of every reader who admires nervous and classic composition, enriched with all that grace and elegance for which the British senate is most eminently conspicuous. The statistics of the contested elections, changes of the respective parties, tables, &c., will form an interesting portion for general reference.

The whole furnishing the most interesting information in a concise form, will tend to afford a knowledge of that constitution which is the admiration of the world; as congenial to nature, perfect justice, and enlightened reason: a system most beautiful and grand, originating in the purest principles of human policy directed to the promotion of general welfare; and the fostering of genuine liberty, the fruitful source from which all public blessings spring, like the sturdy oak from its acorn, or the flower from its seed. From these principles are derived that firmness, beauty, and magnificence of our excellent constitution, founded on the mutual consent of prince and people: both moving as it were in one orb, reciprocally influencing, attracting, and directing each other; whose united power may be compared to a machine for the determining the equality of weights, the sovereign and the representative body counterpoising each other, and the peers preserving the equilibrium: a constitution founded on the basis of characterestic virtue, the love of order, the purity of Parliament, and the liberty of all her Majesty's loyal and faithful subjects.

PARLIAMENTARY RECORD, &c.

ON THE ORIGIN OF GOVERNMENT.

BY THE LATE SIR W. DUGDALE.

(Jura dant singuli natis et uxoribus.)

That this at first was in the father of the household, and when generations of men increased, in the chief of the family, both the light of reason and all history do sufficiently manifest. How it therefore fell into other hands, I cannot better express, than in the words of Sir Walter Raleigh. In tract of time (saith he) as people grew numerous, and kindreds more remote, obedience, the fruit of natural reverence, waxing cold, and brotherly affection by little and little withering away; wisdom being likewise severed from power, and strength from charity, covetousness begot oppression, and the more powerful man incroached upon the weak; necessity, therefore, (which makes wise even the brute creatures as well as men) occasioned both the prudent and ignorant at once to understand, that the condition of reasonable man would become far more miserable than that of the beasts; and that a general flood of confusion would a second time overflow them, did they not by a general obedience to order and dominion. prevent it. For the mighty, who trusted in their own strength, found others again (by interchange of times)

more mighty than themselves: the feeble fell under the forcible, and the equal from equal received equal harmes;) insomuch, that licentious disorder, which seemed to promise liberty upon the first acquaintance, proved upon a better trial no less perilous than an unendurable bondage. Hence, therefore, was it (as Cicero well conjectureth) that men fled to some one amongst themselves excelling others in virtue and prowess, and submitted to his dictates and decrees, as to laws inviolable; Prestat enim regem tryrannum habere, quam nullum, it being better to have a tyrant than no government at all. Thus, to speak humanly, may the beginning of empire be ascribed to reason and necessity; but out of doubt it was from Almighty God himself, that this beam of light did shine into the hearts of men whereby they might discern, that they could not subsist without a guide and ruler for from the words of Holy Writ we find, that the Most High beareth rule over the kingdoms of men, and appointeth over them whom he pleaseth.

THE ORIGIN OF LAWS.

But by this government, though they found great advantages, considering the miseries they underwent before, yet time (making all men wise that observe it) shewed them some imperfections therein and therefore both the same necessity which invented, and the same reason which approved of sovereign power, devised certain rules, whereby dominion (in the beginning boundless) might likewise be kept within her own limits; so that the gover

*Daniel v. 21.

nour might the more safely exercise his sovereign power, and the governed more securely enjoy that which was their own right for then, as Justine saith "Populus nullis legibus tenebantur arbitria principum pro legibus. erant" The people were not governed by any other laws than the wills of their princes. And what the effects of those their wills were, hear what St. Augustine expresseth,

46

Quid enim (saith he) sunt regna nisi magna latrocinai remota justitia quæ est legum effectus."

Since, therefore, the benefit of law is so great, let us consider what it is, from some excellent and most proper definitions which have been made thereof. The famous Roman orator tells us that "Lex est summa ratio insita a natura, quæ jubeat ea quæ facienda sunt, prohibeatque contraria": It is the great dictate of natural reason, which commands what is to be done, and prohibits the contrary. It is the reformer (saith he) of vice and the encourager of virtue.

[ocr errors]

Under this law (I mean the law of nature) did the old patriarchs live and in this do most nations of the world still concur. And of so great power hath it been esteemed that Ea, non homini sed Deo Delphico triburetur” : That it ought not to be attributed to men, but to God, saith Cicero. I have read, that the ancient Kings, for the better reputation of their laws, told their subjects that they received them from the Gods,--“ Deum ne an hominem aliquem condendarum legum causam existimatis," quoth Plato in that dialogue of his with Clivius the Cretian, and Megillas the Lacedemonian; Clivus answering "Deum, (O hospes) Deum inquam, ut decet asserere apud nos quidem, (Cretenses vult) Jovem apud Lacedæmonios Apollinem": and then tells us (out of Homer) of Minos, (the great

lawgiver of Crete) how he had nine years conversation and conference with Jupiter before he gave them their laws; and a little after calls him, one that gave laws from God. Our great English lawyer, Sir John Fortescue Knight, (who was chief justice of the King's Bench, in the time of King Henry VI.) in that learned discourse of his De Laudibus Leg. Angl., saith, that all human laws are either the law of nature, or customs, or statutes, which are called constitutions, but customs and the sentences of the law of nature; after that they were once put in writing, and by the sufficient authority of the prince published, and commanded to be kept, were changed into the nature of constitutions or statutes: and did, after that, more penally than before, bind the subject of the prince to the keeping of them, by the severity of his commandment. Consonant whereunto is that expression of the learned Seldon, “All laws in general (saith he) are originally equally ancient: all were grounded upon nature and no nation was, that out of it took not their grounds; and nature being the same in all, the beginning of all laws must be the same." Now of those who have been most famous for making laws in several nations, Moses may be very well ranked in the first place, by reason that the Israelites received theirs from him. Lycurgus in the next, from whom the Lacedemonians had theirs and from Solon, the Athenians; the memory of which men, for their singular prudence in framing such wholesome and beneficial constitutions in those countries, is still no less famous than of the greatest princes by whose power they were ever governed. The Romans received some of theirs from their kings, some from their Decemviri, some from their Senators, some from their Lawgivers, and some from the people themselves.

« PreviousContinue »