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A41310 Political discourses of Sir Robert Filmer, Baronet, viz. Patriarcha, or the natural power of Kings. The free-holders Grand-inquest. Observations upon Aristotles politicks. Directions for obedience to government. Also observations upon Mr. Hobbs's Leviathan. Mr. Milton against Salmatius. Hugo Grotius de Jure Belli & Pacis. Mr. Hunton's treatise on Monarchy. With an advertisement to the Jurymen of England touching witches; Patriarcha. Filmer, Robert, Sir, d. 1653. 1680 (1680) Wing F925; ESTC R215623 53,592 159

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POLITICAL DISCOURSES OF Sir Robert Filmer Baronet VIZ. Patriarcha or the Natural Power of Kings The Free-holders Grand-Inquest Observations upon Aristotles Politicks Directions for Obedience to Government ALSO Observations upon Mr. Hobbs's Leviathan Mr. Milton against Salmatius Hugo Grotius de Jure Belli Pacis Mr. Hunton's Treatise of Monarchy WITH An ADVERTISEMENT to the Jurymen of England touching WITCHES LONDON Printed in the Year M DC LXXX Patriarcha OR THE Natural Power OF KINGS By the Learned Sir ROBERT FILMER Baronet Lucan Lib. ● Libertas Populi quem regna coercent Libertate perit Claudian Fallitur egregio quisquis sub Principe oredit Servitium nusquam Libertas gratior extat Quam sub Rege pio LONDON Printed and are to be sold by Walter Davis Book-binder in Amen-Corner near Pater-noster-row 1680. The COPY OF A LETTER Written by the Late Learned Dr. PETER HEYLYN to Sir Edward Filmer Son of the Worthy Author concerning this Book and his other Political Discourses SIR HOW great a Loss I had in the death of my most dear and honoured Friend your deceased Father no man is able to conjecture but he that hath suffered in the like So affable was his Conversation his Discourse so rational his Judgment so exact in most parts of Learning and his Affections to the Church so Exemplary in him that I never enjoyed a greater Felicity in the company of any Man living than I did in his In which respects I may affirm both with Safety and Modesty that we did not only take sweet Counsel together but walked in the House of God as Friends I must needs say I was prepared for that great Blow by the loss of my Preferment in the Church of Westminster which gave me the opportunity of so dear and beloved a Neighbourhood so that I lost him partly before he died which made the Misery the more supportable when I was deprived of him for altogether But I was never more sensible of the infelicity than I am at this present in reference to that satisfaction which I am sure he could have given the Gentleman whom I am to deal with His eminent Abilities in these Political Disputes exemplified in his Judicious Observations upon Aristotles Politiques as also in some passages on Grotius Hunton Hobbs and other of our late Discoursers about Forms of Government declare abundantly how fit a Man he might have been to have dealt in this cause which I would not willingly should be betrayed by unskilful handling And had he pleased to have suffered his Excellent Discourse called Patriarcha to appear in Publick it would have given such satisfaction to all our great Masters in the Schools of Politie that all other Tractates in that kind had been found unnecessary Vide Certamen Epistolare 386. THE CONTENTS CHAP. I. That the first Kings were Fathers of Families 1 THE Tenent of the Natural Liberty of the People New Plausible and Dangerous 2 The Question stated out of Bellarmine and some Contradictions of his noted 3 Bellarmine's Argument answered out of Bellarmine himself 4 The Royal Authority of the Patriarchs before the Flood 5 The Dispersion of Nations over the World after the Confusion of Babel was by entire Families over which the Fathers were Kings 6 And from them all Kings descended 7 All Kings are either Fathers of their People 8 Or Heirs of such Fathers or Usurpers of the Right of such Fathers 9 Of the Escheating of Kingdoms 10 Of Regal and Paternal Power and of their Agreement CHAP. II. It is unnatural for the People to Govern or Chose Governours 1 ARistotle examined about the Fredom of the People and justisied 2 Suarez disputes against the Regality of Adam 3 Families diversly defined by Aristotle Bodin and others 4 Suarez contradicting Bellarmine 5 Of Election of Kings 6 By the major part of the People 7 By Proxie and by Silent Acceptation 8 No example in Scripture of the Peoples Choosing their King Mr. Hookers judgement therein 9 God governed alwayes by Monarchy 10 Bellarmine and Aristotles judgement of Monarchy 11 Imperfections of the Roman Democratie 12 Rome began her Empire under Kings and perfected it under Emperours In danger the People of Rome always fled to Monarchy 13 VVhether Democraties were invented to bridle Tyrants or whether they crept in by stealth 14 Democraties vilified by their own Historians 15 Popular Government more Bloody than Tyranny 16 Of a mixed Government of the King and People 17 The People may not judge nor correct their King 18 No Tyrants in England since the Conquest CHAP. III. Positive Laws do not infringe the Natural and Fatherly Power of Kings 1 REgal Authority not subject to Positive Laws Kings were before Laws The Kings of Judah and Israel not tyed to Laws 2 Of Samuel's Description of a King 3 The Power ascribed to Kings in the New Testament 4 VVhether Laws were invented to bridle Tyrants 5 The Benefit of Laws 6 Kings keep the Laws though not bound by the Laws 7 Of the Oaths of Kings 8 Of the Benefit of the Kings Prerogative over Laws 9 The King the Author the Interpreter and Corrector of the Common Laws 10 The King Iudge in all Causes both before the Conquest and since 11 The King and his Councel anciently determined Causes in the Star-Chamber 12 Of Parliaments 13 VVhen the People were first called to Parliaments 14 The Liberty of Parliaments not from Nature but from the Grace of Princes 15 The King alone makes Laws in Parliament 16 He Governs Both Houses by himselfe 17 Or by His Councel 18 Or by His Iudges ERRATA Page 4. line 3. for Calume read Calvin CHAP. I. That the first Kings were Fathers of Families 1 THE Tenent of the Natural Liberty of Mankind New Plausible and Dangerous 2 The Question stated out of Bellarmine Some Contradictions of his noted 3 Bellarmine's Argument answered out of Bellarmine himself 4 The Royal Authority of the Patriarchs before the Flood 5 The dispersion of Nations over the World after the Confusion of Babel was by entire Families over which the Fathers were Kings 6 and from them all Kings descended 7 All Kings are either Fathers of their People 8 Or Heirs of such Fathers or Usurpers of the Right of such Fathers 9 Of the Escheating of Kingdoms 10 Of Regal and Paternal Power and their Agreement SInce the time that School-Divinity began to flourish there hath been a common Opinion maintained as well by Divines as by divers other Learned Men which affirms Mankind is naturally endowed and born with Freedom from all Subjection and at liberty to choose what Form of Government it please And that the Power which any one Man hath over others was at first bestowed according to the discretion of the Multitude This Tenent was first hatched in the Schools and hath been fostered by all succeeding Papists for good Divinity The Divines also of the Reformed Churches have entertained it and the Common People every where tenderly embrace it as being most plausible to
not Govern yet they may partake and joyn with a King in the Government and so make a State mixed of Popular and Regal power which they take to be the best tempered and equallest Form of Government But the vanity of this Fancy is too evident it is a meer Impossibility or Contradiction for if a King but once admit the People to be his Companions he leaves to be a King and the State becomes a Democracy at least he is but a Titular and no Real King that hath not the Soveraignty to Himself for the having of this alone and nothing but this makes a King to be a King As for that Shew of Popularity which is found in such Kingdoms ●s have General Assemblies for Consultation about making Publick Laws It must be remembred that such Meetings ●o not Share or divide the Soveraignty with the Prince but do only deliberate and advise their Supreme Head who ●ill reserves the Absolute power in ●imself for if in such Assemblies the ●ing the Nobility and People have ●ual Shares in the Soveraignty then ●e King hath but one Voice the No●lity likewise one and the People one ●●d then any two of these Voices should have Power to over-rule the third thus the Nobility and Commons together should have Power to make a Law to bind the King which was never yet seen in any Kingdom but if it could the State must needs be Popular and not Regal 17 If it be Unnatural for the Multitude to chuse their Governours or to Govern or to partake in the Government what can be thought of that damnable Conclusion which is made by too many that the Multitude may Correct or Depose their Prince if need be Surely the Unnaturalness and Injustice of this Position cannot sufficiently be expressed For admit that a King make a Contract or Paction with his people either Originally in his Ancestors or personally at his Coronation for both these Pactions some dream of but cannot offer any proof for either yet by no Law of any Nation can a Contract be thought broken except that first a Lawful Tryal be had by the Ordinary Judge of the Breakers thereof or else every Man may be both Party and Judge i● his own case which is absur'd once to be thought for then it will lye in the hands of the headless Multitude when they please to cast off the Yoke of Government that God hath laid upon them to judge and punish him by whom they should be Judged and punished themselves Aristotle can tell us what Judges the Multitude are in their own case 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Judgment of the Multitude in Disposing of the Soveraignty may be seen in the Roman History where we may find many good Emperours Murthered by the People and many bad Elected by them Nero Heliogabalus Otho Vitellius and such other Monsters of Nature were the Minions of the Multitude and set up by them Pertinax Alexander Severus Gordianus Gallus Emilianus Quintilius Aurelianus Tacitus Probus and Numerianus all of them good Emperours in the Judgment of all Historians yet Murthered by the Multitude 18 Whereas many out of an imaginary Fear pretend the power of the people to be necessary for the repressing of the Insolencies of Tyrants wherein they propound a Remedy far worse than the Disease neither is the Disease indeed so frequent as they would have us think Let us be judged by the History even of our own Nation We have enjoyed a Succession of Kings from the Conquest now for above 600 years a time far longer than ever yet any Popular State could continue we reckon to the Number of twenty six of these Princes since the Norman Race and yet not one of these is taxed by our Historians for Tyrannical Government It is true two of these Kings have been Deposed by the people and barbarously Murthered but neither of them for Tyranny For as a learned Historian of our Age saith Edward the Second and Richard the Second were not insupportable either in their Nature or Rule and yet the people more upon Wantonness than for any Want did take an unbridled Course against them Edward the second by many of our Historians is reported to be of a Good and Vertuous Nature and not Unlearned they impute his defects rather to Fortune than either to Council or Carriage of his Affairs the Deposition of him was a violent Fury led by a Wife both Cruel and unchast and can with no better Countenance of Right be justifyed than may his lamentable both Indignities and Death it self Likewise the Deposition of King Richard II was a tempestuous Rage neither Led or Restrained by any Rules of Reason or of State Examin his Actions without a distempered Judgment and you will not Condemne him to be exceeding either Insufficient or Evil weigh the Imputations that were objected against him and you shall find nothing ●●ither of any Truth or of great moment Hollingshed writeth That he was most Unthankfully used by his Subjects for although through the frailty of his Youth he demeaned himself more dissolutely than was agreeable to the Royalty of his Estate yet in no Kings Days were the Commons in greater Wealth the Nobility more honoured and the Clergy less wronged who notwithstanding in the Evil guided Strength of their will took head against him to their own headlong destruction afterwards partly during the Reign of Henry his next Successor whose greatest Atchievements were against his own People in Executing those who Conspired with him against King Richard But more especially in succeeding times when upon occasion of this Disorder more English Blood was spent than was in all the Foreign Wars together which have been since the Conquest Twice hath this Kingdom been miserably wasted with Civil War but neither of them occasioned by the Tyranny of any Prince The Cause of the Baron's Wars is by good Historians attributed to the stubbornness of the Nobility as the Bloody variance of the Houses of York and Lancaster and the late Rebellion sprung from the Wantonness of the People These three Unnatural Wars have dishonoured our Nation amongst Strangers so that in the Censures of Kingdoms the King of Spain is said to be the King of Men because of his Subjects willing Obedience the King of France King of Asses because of their infinite Taxes and Impositions but the King of England is said to be the King of Devils because of his Subjects often Insurrections against and Depositions of their Princes CHAP. III. Positive Laws do not infringe the Natural and Fatherly Power of Kings 1. REgal Authority not subject to the Positive Laws Kings before Laws the King of Judah and Israel not tyed to Laws 2. Of Samuel 's Description of a King 1 Sam. 8. 3. The Power ascribed unto Kings in the New Testament 4. Whether Laws were invented to bridle Tyrants 5. The Benefit of Laws 6. Kings keep the Laws though not bound by the Laws 7. Of the Oathes of Kings 8. Of the