I must own, though I was somewhat unwilling to give way to such melancholy apprehensions at this time, I think with Mr. Somers, there is but too much reason to entertain them. For my own part, I am apt to look no further for the right of the legislature to settle the government in their own way, than their own free votes and resolutions. For, being used to consider all political power as coming originally from the people, it seems to me but fitting that they should dispose of that power for their own use, in what hands, and under what conditions, they please. Yet, as much regard is due to established forms and ancient prescription, I think the matter of fact of great consequence; and, if the people in general should once conceive of it according to this representation, I should be very anxious for the issue of so dangerous an opinion. I must needs, therefore, join very entirely with Mr. Somers, in wishing to hear the whole subject canvassed, or rather finally determined, as it must be, if Sir John Maynard will do us the pleasure to acquaint us what his sentiments are upon it.
SIR J. MAYNARD.
Truly, my good friends, you have opened a very notable cause, and in good form. Only, methinks, a little less solemnity, if you had so pleased, might have better suited the occasion. Why, I could almost laugh, to hear you talk of feats and dangers from a phantom of your own raising. I certainly believe the common proverb belies us; and that old age is not that dastardly thing it hath been represented. For, instead of being terrified by this conceit of a prescriptive right in our sovereigns to tyrannize over the subject, I am ready to think the contrary so evident from the constant course of our history, that the simplest of the people are in no hazard of falling into the delusion. I should rather have apprehended mischief from other quarters; from the influence of certain speculative points, which have been to successfully propagated of late; and chiefly from those pernicious glosses, which too many of my order have made on the letter or the law, and too many of yours, my lord of Salisbury, on that of the gospel. Trust me, if the matter once came to a question of FACT, and the inquiry be only concerning ancient form and precedent, the decision will be in our favour. And for yourselves, I assure myself, this decision is already made. But since you are willing to put me upon the task, and we have leisure enough for such an amusement, I shall very readily undertake it. And the rather, as I have more than once in my life had occasion to go to the bottom of this inquiry; and now very lately have taken a pleasure to reflect on the general evidence which history affords of our free constitution, and to review the scattered hints and passages I had formerly set down for my private satisfaction.
“I understand the question to be, not under what form the government hath appeared at some particular conjunctures, but what we may conclude it to have been from the general current and tenor of our histories. More particularly, I conceive, you would ask, not whether the administration hath not at some seasons been DESPOTIC, but whether the genius of the government hath not at all times been FREE. Or, if you do not think the terms, in which I propose the question, strict enough, you will do well to state it in your own way, that hereafter we may have no dispute about it.
BP. BURNET.
I suppose, the question, as here put, is determinate enough for our purpose.—Or, have you, Mr. Somers, any exceptions to make to it?
MR. SOMERS.
I believe we understand each other perfectly well; the question being only this, “Whether there be any ground in history, to conclude that the prince hath a constitutional claim to absolute uncontrolable dominion; or, whether the liberty of the subject be not essential to every different form, under which the English government hath appeared?”
SIR J. MAYNARD.
You expect of me then to shew, in opposition to the scheme just now delivered by you, that neither from the original constitution of the government, nor from the various forms (for they have, indeed, been various) under which it hath been administered, is there any reason to infer, that the English monarchy is, or of right ought to be, despotic and unlimited.