length they openly made and executed Laws at their own
pleasures, being both Legislators and Officers, without giving
an Accompt to any; and so there was an end of the Roman
Liberty.
To come nearer home, let us look into the old Constitution
of the Commonweals and kingdoms of Europ. We find in
the Etalian states Venice; which having the Legislative and
Executive Power confined within the narrow Pale of its nobility
in the Senate, not so Free as once Florence was, with
Siena, Milain, and the rest, before their Dukes by arrogating
both those Powers to themselves had worm'd them out
of their Liberty. Of all those States there, only Genoa remains
in a free posture, by keeping the power of Legislation
only in their suprem Assembly, and leaving the execution of
Law in a Titular Duke and a Councell. The keeping of these
Powers asunder within their proper Sphere, is one principall
reason why they have been able to exclude Tyranny out of
their own state, while it hath run the Round in Italy.
What made the grand Seignior absolute of old, but his in grossing
both those Powers? And of late the Kings of Spain
and France? In antient time the case stood farr otherwise:
For, in Ambrosio Morales his Chronicle you will find, that
in Spain the Legislative power was lodged only in their suprem
Councells, and the King was no more but an elective
Officer to execute such Laws as they made, and in case of failer
to give them an Accompt, and submitt to their Judgment;
which was the common Practise, as you may see also in Mariana:
It was so also in Arragon, till it was united to Castile
by the Marriage of Ferdinand and Isabel; and then both
states soon lost their Liberty, by the Projects of Ferdinand
and his Successors, who drew the Powers of Legislation and
execution of Law, within the verge and Influence of the Prerogative
Royall. Whilst these 2. Powers were kept distinct,
then those Estates were free: But the ingrossing them in one
and the same hands, was the loss of their Freedom.
By the constitutions of the Kingdoms of Poland and Bohemia,
their grand Diets or Parliaments have long enjoyed the