CHAP. VI. Whether the Senatusconsulta or Decrees of the Roman Senate had the power of Laws?

AMong diverse and weighty reasons why I would have that Prince look well to his file of Musque∣teers, this is no small one, that he being upon no ballance will never be able to give Law without them. For to think that he succeeds unto the Senate, or that the power of the Senate may serve his Turn, is a presumption will fail him. The Senate, as such, hath no power at all, but meer Authority of proposing unto the people, who are the Makers of their own Laws, whence the Decrees of the Senate of Rome are never Laws nor so called, but Senatus∣consulta. It is true that a King comming in, the Senate as there it did, to his aid and advantage may remain, so they propose not as formerly unto the People, but now unto him who comes not in upon the right of the Senate, but upon that of the People (whence saith Justinian. Quod principi placuit legis habet vigorem, quum lege Regia quae de ejus imperio lata est, Populus ei, & in eum omnes imperium* suum & potestatem concedat) Thus the Senatusconsultum, Macedonicum, with the rest that had place allowed by Justi∣nian in the compilement of the Roman laws, were not Laws in that they were Senatusconsulta, or proposed by the Senate, but in that they were allowed by Justiman or the Prince, in whom was now the right of the People. Wherefore the Zelot for Monarchy hath made a (pas de clerc or) foul step in his procession where he argues thus out of Cujacius. It was soon agreed that the distinct decrees of the Senate and People should be extended to the nature of laws; therefore the distinct decrees of the Senate are laws whether it be so a greed by the people, or by the Prince, or no. For thus he hath Page  32 no sooner made his Prince, then he kicks him heels over head; Seeing where the Decrees of the Senate are Laws without the King, that same is as much a King, as the Prae∣varicator a Politician. A law is that which was passed by the power of the people, or of the King. But out of the Light; In this place he takes a Welsh bait, and looking back makes a Muster of his Victories like the busling* Guascon, who to shew what he had thrown out of the Windows in his debauchery, made a formal repetition of the whole Inventary of the House.