It being in this case only that
covenants are but words and breath. But if the property of the
nobility, stocked with their tenants and retainers, be the
pasture of that beast, the ox knows his master's crib; and it is
impossible for a king in such a constitution to reign otherwise
than by covenant; or if he break it, it is words that come to
blows.
"But," says he, "when an assembly of men is made sovereign,
then no man imagines any such covenant to have part in the
institution." But what was that by Publicola of appeal to the
people, or that whereby the people had their tribunes? "Fie,"
says he, "nobody is so dull as to say that the people of Rome
made a covenant with the Romans, to hold the sovereignty on such
or such conditions, which, not performed, the Romans might depose
the Roman people." In which there be several remarkable things;
for he holds the Commonwealth of Rome to have consisted of one
assembly, whereas it consisted of the Senate and the people; that
they were not upon covenant, whereas every law enacted by them
was a covenant between them; that the one assembly was made
sovereign, whereas the people, who only were sovereign, were such
from the beginning, as appears by the ancient style of their
covenants or laws -- "The Senate has resolved, the people have
decreed," that a council being made sovereign, cannot be made
such upon conditions, whereas the Decemvirs being a council that
was made sovereign, was made such upon conditions; that all
conditions or covenants making a sovereign being made, are void;
whence it must follow that, the Decemviri being made, were ever
after the lawful government of Rome, and that it was unlawful for
the Commonwealth of Rome to depose the Decemvirs; as also that
Cicero, if he wrote otherwise out of his commonwealth, did not
write out of nature.
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