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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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Election of a Prince Is there any Example of it ever found in the Whole World To conceit such a thing is to ●magine little less than an Impossibility And so by Consequence no one Form of Government or King was ever established according to this supposed Law of Nature 6. It may be answered by some That if either the Greatest part of a Kingdom or if a smaller part only by Themselves and all the Rest by Proxy or if the part not concurring in Election do after by a Tacit Assent ratifie the Act of Others That in all thes● Cases it may be said to be the World of the whole Multitude As to the Acts of the Major part o● a Multitude it is true that by Politic● Humane Constitutions it is oft ordained that the Voices of the most shall over-rule the B●est and such Ordinances bind because where Men are Assembled by an Humane Power that power that doth Assemble them can also Limit and Direct the manner of the Execution of that Power and by such Derivative Power made known by Law or Custom either the greater part or two Thirds or Three parts of Five or the like have power to oversway the Liberty of their Opposits But in Assemblies that take their Authority from the Law of Nature it cannot be so for what Freedom or Liberty is due to any Man by the Law of Nature no Inferiour Power can alter limit or diminish● no One Man nor a Multitude can give away the Natural Right of another The Law of Nature is unchangeable and howsoever One Man may hinder Another in the Use or Exercise of his Natural Right yet thereby No Man ●oseth the Right of it self for the Right ●nd the Use of the Right may be distinguished as Right and Possession are ●oft distinct Therefore unless it can be proved by the Law of Nature that the Major or some other part have Power ●o over-rule the Rest of the Multitude ●t must follow that the Acts of Multitudes not Entire are not Binding to All but only to such as Consent unto them 7. As to the point of Proxy it cannot be shewed or proved That all those that have been Absent from Popular Elections did ever give their Voices to some of their Fellows I ask but one Example out of the History of the whole World let the Commonweal be but named wherever the Multitude or so much as the Greatest part of it consented either by Voice or by Procuration to the Election of a Prince The Ambition sometimes of One Man sometimes of Many or the Faction of a City or Citizens or the Mutiny of an Army hath set up or put down Princes but they have never tarried for this pretended Order by proceeding of the whole Multitude Lastly if the silent Acceptation o● a Governour by part of the People be an Argument of their Concurring i● the Election of him by the same Reason the Tacit Assent of the whole Commonwealth may be maintained From whence it follows that every Prince that comes to a Crown either by Succession Conquest or Usurpation may be said to be Elected by the People which Inference is too ridiculous for in such Cases the People are so far from the Liberty of Specification that they want even that of Contradiction 8. But it is in vain to argue against the Liberty of the People in the Election of Kings as long as men are perswaded that Examples of it are to be found in Scripture It is fit therefore to discover the Grounds of this Errour It is plain by an Evident Text that it is one thing to choose a King and another thing to set up a King over the People this latter power the Children of Israel had but not the former This Distinction is found most eviden● in Deut. 17. 15. where the Law of God saith Him shalt thou set King over thee whom ●●e Lord shall choose so God must Eli●e and the People only do Constitu●e Mr. Hooker in his Eighth Book ●f Ecclesiastical Policy clearly expounds ●is Distinction the words are worthy ●●e citing Heaps of Scripture saith he ●e alledged concerning the Solemn Coro●●tion or Inauguration of Saul David So●mon and others by Nobles Ancients and the people of the Commonwealth of Isr●el as if these Solemnities were a kind of Deed whereby the Right of Dominion is given which strange untrue and unnatural conceits are set abroad by ●ed-men of Rebellion only to animate ●nquiet Spirits and to feed them with ●ossibilities of Aspiring unto the Thrones they can win the Hearts of the People whatsoever Hereditary Title any other before them may have I say these ●njust and insolent Positions I would ●ot mention were it not thereby to make the Countenance of ●ruth more Orient For unless we will openly proclaim Defiance unto all ●aw Equity and Reason we must for ●here is no other Remedy acknowledg that in Kingdoms Hereditary Birth-right giveth Right unto Sovereign Dominion and the Death of the Predecesso● putteth the Successor by Blood in S●sin Those publick Solemnities before mentioned do either serve for an open Testification of the Inheritor's Right or belong to the Form of induci●● of him into possession of that thing ●● hath Right unto This is Mr. Hooker Judgment of the Israelites Power t● set a King over themselves No doubt but if the people of Israel had had power to choose their King they would never have made Choice of Joas a Child but of Seven years old nor of Manases a Boy of Twelve since as Solomon saith Wo to the Land whose King a Child Nor is it probable they would have elected Josias but a very Child and a Son to so Wicked and Ido●trous a Father as that his own Servants murthered him and yet all th● people set up this young Josias an● slew the Conspirators of the Death o● Ammon his Father which Justice of the People God rewarded by making this Josias the most Religious King tha● ever that Nation enjoyed 9. Because it is affirmed that ●e People have power to choose as ●ell what Form of Government as ●hat Governours they please of which mind is Bellarmine in those ●aces we cited at first Therefore it necessary to Examine the Strength ● what is said in Defence of popular Commonweals against this Natural Form of Kingdoms which I maintain'd Here I must first put the ●ardinal in mind of what he affirms Cold Blood in other places where saith God when he made all Man●d of One Man did seem openly to ●●nifie that he rather approved the Go●●rnment of One Man than of Many ●●ain God shewed his Opinion ●●en he endued not only Men but Creatures with a Natural Propensi●● to Monarchy neither can it be ●●ubted but a Natural Propensity is be referred to God who is Au●●or of Nature And again in a ●●ird place What Form of Government God confirmed by his Authori●● may be gathered by that Common●al which he instituted amongst the Hebrews which was not Aristocratical as
Calvin saith but plainly Monarchichal 10. Now if God as Bellarmie saith hath taught us by Natural Instinct signified to us by the Creation and confirmed by his own Example the Excellency of Monarchy why should Bellarmine or We doubt but that it is Natural Do we not find that in every Family the Government of One Alone is most Natural God did always Govern his own People by Monarchy only The Patriarchs Dukes Judges and Kings we●● all Monarchs There is not in all the Scripture Mention or Approbation o● any other Form of Government A● the time when Scripture saith Th● was No King in Israel but that eve● Man did that which was Right in ●● Own Eyes Even then the Israelit●● were under the Kingly Government of the Fathers of particular Families For in the Consultation after the Be● jamitical War for providing Wives f●● the Benjamites we find the Elders ●● the Congregation bare only Swa●● Judges 21. 16. To them also were Complaints to be made as appears by Verse 22. And though mention be made of All the Children of Israel All the Congregation and All the People yet by the Term of All the Scripture means only All the Fathers and not All the Whole Multitude as the Text plainly expounds it self in 2. Chron. 1. 2. where Solomon speaks ●nto all Israel to the Captains the Judges and to Every Governour the Chief of the Fathers so the Elders of Israel are expounded to be the Chief of the Fathers of the Children of Israel 1 Kings 8. 12. 2 Chron. 5. 2. At that time also when the People of Israel beg'd a King of Samuel they were Governed by Kingly Power God out of a special Love and Care to the House of Israel did choose to be their King himself and did govern them at that time by his Viceroy Samuel and his ●ons and therefore God tells Samuel They have not rejected Thee but Me that ● should not Reign over them It seems ●hey did not like a King by Deputation but desired one by Succession like all the Nations All Nations belike had Kings then and those by Inheritance not by Election for we do not find the Israelites prayed that they themselves might choose their Own King they dream of no such Liberty and yet they were the Elders of Israel gathered together If other Nations had Elected their own Kings no doubt but they would have been as desirous to have imitated Other Nations as well in the Electing as in the Having of a King Aristotle in his Book of Politicks when he comes to compare the several Kinds of Government he is very reserved in discoursing what Form h● thinks Best he disputes subtilely to and fro of many Points and Judiciously of many Errours but concludes nothing himself In all those Books I find little Commendation of Monarchy It was his Hap to live in those Times when the Grecians abounded with several Commonwealths who had then Learning enough to make them seditious Yet in his Ethicks he hath so much good Manners as to confess in right down words That Monarchy is the Best Form of Government and a Popular Estate the Worst And though he be not so free in his Politicks yet the Necessity of Truth hath here and there extorted from him that which amounts no less to the Dignity of Monarchy he confesseth it to be First the Natural and the Divinest Form of Government and that the Gods themselves did live under a Monarchy What can a Heathen say more Indeed the World for a long time ●new no other sort of Government out only Monarchy The Best Order the Greatest Strength the Most Stability and Easiest Government are to be found all in Monarchy and in to other Form of Government The New Platforms of Commonweals were first hatched in a Corner of the World amongst a few Cities of Greece which have been imitated by very ●ew other laces Those very Cities were first for many years governed by Kings untill Wantonness Ambition or Faction of the People made them attempt New kinds of Regiment all which Mutations proved most Bloody and Miserable to the Authors of them happy in nothing but that they continued but a small time 11. A little to manifest the Imperfection of Popular Government let us but examine the most Flourishing Democratie that the World hath ever known I mean that of Rome First for the Durability at the most it lasted but 480 Years for so long it was from the Expulsion of Tarquin to Julius Caesar Whereas both the Assyrian Monarchy lasted without Interruption at the least twelve hundred years and the Empire of the East continued 1495 Years 2. For the Order of it during these 480 years there was not any One settled Form of Government in Rome for after they had once lost the Natural Power of Kings they could not find upon what Form of Government to rest their Fickleness is an Evidence that they found things amiss in every Change At the First they chose two Annual Consuls instead of Kings Secondly those did not please them long but they must have Tribunes of the People to defend their Liberty Thirdly they leave Tribunes and Consuls and choose them Ten Men to make them Laws Fourthly they call for Consuls and Tribunes again sometimes they choose Dictators which were Temporary Kings and sometimes Military Tribunes who had Consular Power All these shiftings caused such notable Alteration in the Government as it passeth Historians to find out any Perfect Form of Regiment in so much Confusion One while the Senate made Laws another while the People The Dissentions which were daily between the Nobles and the Commons bred those memorable Seditions about Usury about Marriages and about Magistracy Also the Graecian the Apulian and the Drusian Seditions filled the Market-places the Temples and the Capitol it self with Blood of the Citizens the Social War was plainly Civil the Wars of the Slaves and the other of the Fencers the Civil Wars of Marius and Sylla of Cataline of Caesar and Pompey the Triumvirate of Augustus Lepidus and Antonius All these shed an Ocean of Blood within Italy and the Streets of Rome Thirdly for their Government let it be allowed that for some part of this time it was Popular yet it was Popular as to the City of Rome only and not as to the Dominions or whole Empire of Rome for no Democratie can extend further than to One City It is impossible to Govern a Kingdom much less many Kingdoms by the whole People or by the Greatest Part of them 12. But you will say yet the Roman Empire grew all up under this kind of Popular Government and the City became Mistress of the World It is not so for Rome began her Empire under Kings and did perfect it under Emperours it did only encrease under that Popularity Her ●reatest Exaltation was under Trajan ●s her longest Peace had been under Augustus Even at those times when the Roman Victories abroad did amaze the World then the
to ordain over themselves a King or Consul or other Magistrates and if there be a lawful Cause the Multitude may change the Kingdom into an Aristocracy or Democracy Thus far Bellarmine in which passages are comprised the strength of all that ever I have read or heard produced for the Natural Liberty of the Subject Before I examine or refute these Doctrines I must a little make some Observations upon his Words First He saith that by the Law of God Power is immediately in the People hereby he makes God to be the immediate Author of a Democratical Estate for a Democracy is nothing else but the Power of the Multitude If this be true not only Aristocracies but all Monarchies are altogether unlawful as being ordained as he thinks by Men whenas God himself hath chosen a Democracy Secondly He holds that although a Democracy be the Ordinance of God yet the people have no power to use the Power which God hath given them but only power to give away their Power whereby it followeth that there can be no Democratical Government because he saith the people must give their Power to One Man or to some Few which maketh either a Regal or Aristocratical Estate which the Multitude is tyed to do even by the same Law of Nature which Originally gave them the Power And why then doth he say the Multitude may change the Kingdom into a Democracy Thirdly He concludes that if there be lawful Cause the Multitude may change the Kingdom Here I would fain know who shall judge of this lawful Cause ●f the Multitude for I see no Body else can then this is a pestilent and dangerous Conclusion 3 I come now to examine that Argument which is used by Bellarmine and ●s the One and only Argument I can find produced by my Author for the proof of the Natural Liberty of the People It is thus framed That God hath given or ordained Power is evident by Scripture But God hath given it to no particular Person because by Nature all Men are Equal therefore he hath given Power to the People or Multitude To Answer this Reason drawn from the Equality of Mankind by Nature I will first use the help of Bellarmine himself whose very words are these If many men had been together created out of the Earth they all ought to have been Princes over their Posterity In these words we have an Evident Confession that Creation made man Prince of his Posterity And indeed not only Adam but the succeeding Patriarchs had by Right of Father-hood Royal Authority over their Children Nor dares Bellarmie deny this also That the Patriarchs saith he were endowed with Kingly Power their Deeds do testifie for as Adam was Lord of his Children so his Children under him had a Command and Power over their own Children but still with subordination to the First Parent wh● is Lord-Paramout over his Children Children to all Generations as being the Grand-Father of his People 4 I see not then how the Children of Adam or of any man else can be free from subjection to their Parents And this subjection of Children being the Fountain of all Regal Authority by the Ordination of God himself It follows that Civil Power not only in general i● by Divine Institution but even the Assignment of it specifically to the Eldest Parents which quite takes away tha● New and Common distinction which refers only Power Universal and Absolute to God but Power Respective in regard of the Special Form of Government to the Choice of the people This Lordship which Adam by Com●●nd had over the whole World and Right descending from him the Pa●●●archs did enjoy was as large and ●ple as the Absolutest Dominion of ●y Monarch which hath been since the ●eation For Dominion of Life and ●eath we find that Judah the Father ●onounced Sentence of Death against ●amar his Daughter-in-law for play●●g the Harlot Bring her forth saith 〈◊〉 that she may be burnt Touching ●ar we see that Abram commanded an ●rmy of 318 Souldiers of his own Fa●ily And Esau met his Brother Jacob ●ith 400 Men at Arms. For matter of ●eace Abraham made a League with ●●imelech and ratified the Articles with ● Oath These Acts of Judging in Ca●al Crimes of making War and con●●uding Peace are the chiefest Marks of ●overeignty that are found in any Monarch 5 Not only until the Flood but ●fter it this Patriarchal Power did con●●nue as the very name Patriarch doth ●● part prove The three Sons of Noah ●ad the whole World divided amongst them by their Father for of them ●● the whole World over-spread according to the Benediction given to him a● his Sons Be fruitful and multiply a● replenish the Earth Most of the Civil● Nations of the Earth labour to fet● their Original from some One of t●● Sons or Nephews of Noah which we● scattered abroad after the Confusion Babel In this Dispersion we must certainly find the Establishment of Reg● Power throughout the Kingdoms of t●● World It is a common Opinion that at th● Confusion of Tongues there were ●● distinct Nations erected all which we● not Confused Multitudes without Hea●● or Governours and at Liberty to choo●● what Governours or Government the● pleased but they were distinct Families which had Fathers for Rulers over them whereby it appears that even i● the Confusion God was careful to preserve the Fatherly Authority by distributing the diversity of Languages according to the diversity of Families for so plainly it appears by the Text First after the Enumeration of the Son● of Japhet the Conclusion is By these ●ere the Isles of the Gentiles divided in their Lands every one after his Tongue after their Families in their Nations so ●t is said These are the Sons of Ham ●fter their Families after their Tongues ●● their Countreys and in their Nations The like we read These are the Sons of ●hem after their Families after their Tongues in their Lands after their Nations These are the Families of the Sons of Noah after their Generations in their Nations and by these were these Nations divided in the Earth after the Flood In this Division of the World some are of Opinion that Noah used Lots for the distribution of it others affirm he ●ayled about the Mediterranean Sea in Ten years and as he went about appointed to each Son his part and so made the Division of the then known World into Asia Africa and Europe according to the Number of his Sons ●he Limits of which Three Parts are all ●ound in that Midland Sea 6 But howsoever the manner of this Division be uncertain yet it is most certain the Division it self was by Families from Noah and his Children over which the Parents were Heads and Princes Amongst these was Nimrod who n● doubt as Sir Walter Raleigh affirms was by good Right Lord or King over his Family yet against Right did h● enlarge his Empire by seizing violentl● on the Rights of other Lords of Families And
in this sense he may be sai● to be the Author and first Founder o● Monarchy And all those that do attribute unto him the Original Regal Power do hold he got it by Tyranny o● Usurpation and not by any due Election of the People or Multitude o● by any Faction with them As this Patriarchal Power continued in Abraham Isaac and Jacob even until the Egyptian Bondage so we find it amongst the Sons of Ismael and Esau I● is said These are the Sons of Ismael and these are their Names by their Castles and Towns Twelve Princes of their Tribes and Families And these are the Names of the Dukes that came of Esau according to their families their places by their nations 7 Some perhaps may think that these Princes and Dukes of Families were but ●ome petty Lords under some greater Kings because the number of them are so many that their particular Territories ●ould be but small and not worthy the Ti●e of Kingdoms but they must consider ●hat at first Kings had no such large Dominions as they have now adays we find ● the time of Abraham which was about ●00 years after the Flood that in a little ●orner of Asia 9 Kings at once met in Ba●●il most of which were but Kings of ●ities apiece with the adjacent Territo●es as of Sodom Gomorrah Shinar c. In ●he same Chapter is mention of Melchise●ck King of Salem which was but the Ci●● of Jerusalem And in the Catalogue of ●●e Kings of Edom the Names of each ●ing's City is recorded as the only Mark ● distinguish their Dominions In the ●and of Canaan which was but a small cir●it Joshuah destroyed Thirty one Kings ●nd about the same time Adonibeseck had ●o Kings whose Hands and Toes he had ●t off and made them feed under his Ta●●e A few years after this 32 Kings came ● Benhadad King of Syria and about Seventy Kings of Greece went to the Wars of Troy Caesar found more Kings in France than there be now Princes there and at his Sailing over into this Island he found four Kings in our County of Kent These heaps of Kings in each Nation are an Argument their Territories were but small and strongly confirms our Assertion that Erection of Kingdoms came at first only by Distinction of Families By manifest Footsteps we may trace this Paternal Government unto the Israelites coming into Aegypt where th● Exercise of Supreme Patriarchal Jurisdiction was intermitted because they were in subjection to a stronger Prince After the Return of these Israelites ou● of Bondage God out of a special Ca● of them chose Moses and Josuah successively to govern as Princes in th● Place and Stead of the Supreme Fathers and after them likewise for a time h● raised up Judges to defend his People in time of Peril But when God gav● the Israelites Kings he reestablished th● Antient and Prime Right of Lineal Succession to Paternal Government And whensoever he made choice of any special Person to be King he intended that the Issue also should have benefit thereof as being comprehended sufficiently ●n the Person of the Father although the Father only was named in the Graunt 8. It may seem absurd to maintain that Kings now are the Fathers of their People since Experience shews the contrary It is true all Kings be not the Natural Parents of their Subjects yet they all either are or are to be reputed the next Heirs to those first Progenitors who were at first the Natural Parents of the whole People and in their Right succeed to the Exercise of Supreme Jurisdiction and such Heirs are not only Lords of their own Children but also of their Brethren and all others that were subject to their Fathers And therefore we find that God told Cain of his Brother Abel His Desires shall be subject ●nto thee and thou shalt rule over him Accordingly when Jacob bought his Brother's Birth-right Isaac blessed him thus Be Lord over thy Brethren and ●et the Sons of thy Mother how before thee As long as the first Fathers of Families lived the name of Patriarchs did aptly belong unto them but after a few Descents when the true Fatherhood it self was extinct and only the Right of the Father descends to the true Heir then the Title of Prince or King was more Significant to express the Power of him who succeeds only to the Right of that Fatherhood which his Ancestors did Naturally enjoy by this means it comes to pass that many a Child by succeeding a King hath the Right of a Father over many a Gray-headed Multitude and hath the Title of Pater Patriae 9. It may be demanded what becomes of the Right of Fatherhood in Case the Crown does escheate for want of an Heir Whether doth it not then Devolve to the People The Answer is It is but the Negligence or Ignorance of the People to lose the Knowledge of the true Heir for an Heir there always is If Adam himself were still living and now ready to die it is certain that there is One Man and but One in the World who is next Heir● although the Knowledge who should be that one One Man be quite lost 2. This Ignorance of the People being admitted it doth not by any means follow that for want of Heirs the Supreme Power is devolved to the Multitude and that they have Power to Rule and Chose what Rulers they please No the Kingly Power escheats in such cases to the Princes and independent Heads of Families for every Kingdom is resolved into those parts whereof at first it was made By the Uniting of great Families or petty Kingdoms we find the greater Monarchies were at the first erected and into such again as into their first Matter many times they return again And because the dependencie of ancient Families is ●oft obscure or worn out of Knowledge ●herefore the wisdom of All or Most Princes have thought fit to adopt many times ●hose for Heads of Families and Princes of Provinces whose Merits Abilities or Fortunes have enobled them or Made them fit and capable of such Re●al Favours All such prime Heads and ●athers have power to consent in the uniting or conferring of their Fatherly Right of Sovereign Authority on whom they please And he that is so Elected claims not his Power as a Donative from the People but as being substituted properly by God from whom he receives his Royal Charter of an Universal Father though testified by the Ministry of the Heads of the People If it please God for the Correction of the Prince or punishment of the People to suffer Princes to be removed and others to be placed in their rooms either by the Factions of the Nobility or Rebellion of the People in all suc● cases the Judgement of God who ha●● power to give and to take away Kingdoms is most just yet the Ministry of men who execute God's Judgment without Commission is sinful and damnable God doth but use and
turn men Unrighteous Acts to the performance o● his Righteous Decrees 10. In all Kingdoms or Common wealths in the World whether th● Prince be the Supreme Father of the People or but the true Heir of such Father or whether he come to the Crown by Usurpation or by Election of the Nobles or of the People or by any other way whatsoever or whether some Few or a Multitude govern the Commonwealth yet still the Authority that is in any One or in Many or in All these is the only Right and Natural Authority of a Supreme Father There is and always shall be continued to the End of the World a Natural Right of a Supreme Father over every Multitude although by the secret Will of God many at first do most unjustly obtain the Exercise of it To confirm this Natural Right of Regal Power we find in the Decalogue That the Law which enjoyns Obedience to Kings is delivered in the terms of Honour thy Father as if all power were originally in the Father If Obedience to Parents be immediately due ●y a Natural Law and Subjection to ●rinces but by the Mediation of an ●umane Ordinance what reason is there ●hat the Laws of Nature should give ●ace to the Laws of Men as we see he power of the Father over his Child gives place and is subordinate to the power of the Magistrate If we compare the Natural Rights of a Father with those of a King we find them all one without any difference at all but only in the Latitude or Extent of them as the Father over one Family so the King as Father over many Families extends his care to preserve feed cloth instruct and defend the whole Commonwealth His War his Peace his Courts of Justice and all his Acts of Sovereignty tend only to preserve and distribute to every subordinate and inferiour Father and to their Children their Rights and Privileges so that all the Duties of a King are summed up in an Universal Fatherly Care of his People CHAP. II. It is unnatural for the People to Govern or Chose Governours 1. ARistotle examined about the Freedom of the People and justified 2. Suarez disputing 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 Proxy and by silent Acceptation 8. No Example in Scripture of the Peoples chosing their King Mr. Hooker's Judgment therein 9. God governed always by Monarchy 10. Bellarmine and Aristotle's Judgment of Monarchy 11. Imperfections of the Roman Democratie 12. Rome began her Empire under Kings and perfected under Emperours In danger the People of Rome always fled to Monarchy 13. Whether Democraties were invented to bridle Tyrants or rather that they came 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 or correct their King 18. No Tyrants in England since the Conquest 1. BY conferring these Proofs and Reasons drawn from the Authority of the Scripture it appears little less than a Paradox which Bellarmine and others affirm of the Freedom of the Multitude to chose what Rulers they please Had the Patriarchs their Power given them by their own Children Bellarmine does not say it but the Contrary If then the Fatherhood enjoyed this Authority for so many Ages by the Law of Nature when was it lost or when forfeited or how is it devolved to the Liberty of the Multitude Because the Scripture is not favourable to the Liberty of the People therefore many fly to Natural Reason and to the Authority of Aristotle I must crave Liberty to examine or explain the Opinion of this great Philosopher but briefly I find this Sentence in the Third of his Politiques Cap. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It seems to some not to be natural for one man to be Lord of all the Citizens since a City consists of Equals D. Lambine in his Latine Interpretation of this Text hath omitted the Translation of this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by this means he maketh that to be the Opinion of Aristotle which Aristotle alleadgeth to be the Opinion but of some This Negligence or Wilful Escape of Lambine ●n not translating a word so Material hath been an occasion to deceive many who looking no farther than this Latine Translation have concluded and made the World now of late believe that Aristotle here maintains a Natural Equality of Men and not only our English Translator of Aristotle Politiques is in this place misled by following Lambine but even the Learned Monsieur Duvall in his Synopsis bea● them company and yet this Version of Lambine's is esteemed the best and Printed at Paris with Causabon's corrected Greek Copy though in the rendring of this place the Elder Translations have been more faithful and he that shall compare the Greek Text with the Latine shall find that Causabon had just cause in his Preface to Aristotle Works to complain that the best Translations of Aristotle did need Correction To prove that in these words which seem to favour the Equality of Mankind Aristotle doth not speak according to his own Judgment but recites only the Opinion of others we find him clearly deliver his own Opinion that the Power of Government did originally arise from the Right of Fatherhood which cannot possibly consist with that Natural Equality which Men dream of for in the First of his Politiques he agrees exactly with the Scripture and lays this Foundation of Government The first Society saith he made of Many Houses is a Village which seems most naturally to be a Colony of Families or foster-Brethren of Children and Childrens Children And therefore at he beginning Cities were under the Government of Kings for the eldest in very house is King And so for Kindred●ke it is in Colonies And in the fourth of his Politiques cap. 2 He gives the Title of the first and Divinest sort of Government to the Institution of Kings by Defining Tyranny to be a Digression ●●om the First and Divinest Whosoever weighs advisedly these ●assages will find little hope of Natural Reason in Aristotle to prove the Natural ●iberty of the Multitude Also before ●im the Divine Plato concludes a Commonweal to be nothing else but a large ●amily I know for this Position Aristotle quarrels with his Master but most ●njustly for therein he contradicts his own Principles for they both agree ●o fetch the Original of Civil Government from the prime Government No doubt but Moses's History of the Creation guided these two Philosophers in finding out of this Lineal Subjection deduced from the Laws of the First Parents according to that Rule o● St. Chrysostom God made all Mankind of One Man that he might teach the World to be Governed by a King and not by a Multitude The Ignorance of the Creation occasioned several
of Mankind Even as several Servants differ in the particular Ends or Offices as one t● Brew and another to Bake yet they agree in the general Preservation of th● Family Besides Aristotle confesses that amongst the Barbarians as he calls all them that are not Grecians a Wife and a Servant are the same because by Nature no Barbarian is fit to Govern It is fit the Grecians should rule over the Barbarians for by Nature a Servant and a Barbarian is all one their Family consists only of an Ox for a Man-Servant and a Wife for a Maid so they are fit only to rule their Wives and their Beasts Lastly Aristotle if it had pleased him might have remembred That Nature doth not always make one Thing but for one Use he knows the Tongue serves both to Speak and to Taste 4. But to leave Aristotle and return to Suarez he saith that Adam had Fatherly Power over his Sons whilst they were not made Free Here I could wish that the Jesuite had taught as how and when Sons become Free ● know no means by the Law of Nature It is the Favour I think of the Parents only who when their Children are of Age and Discretion to ease their Parents of part of their Fatherly Care are then content to remit some part of their Fatherly authority therefore the Custom of some Countreys doth in some Cases Enfranchise the Children of Inferiour Parents but many Nations have no such Custome but on the contrary have strict Laws for the Obedience of Children the Judicial Law of Moses giveth full power to the Father to stone his disobedient Son so it be done in presence of a Magistrate And yet it did not belong to the Magistrate to enquire and examine the justness of the Cause But it was so decreed lest the Father should in his Anger suddenly or secretly kill his Son Also by the Laws of the Persians and of the People of the Upper Asia and of the Gaules and by the Laws of the West-Indies the Parents have power of Life and Death over their Children The Romans even in their most Popular Estate had this Law in force and this Power of Parents was ratified and amplified by the Laws of the Twelve Tables to the enabling of Parents to sell their Children two or three times over By the help of the Fatherly Power Rome long flourished and oftentimes was freed from great Dangers The Fathers have drawn out of the very Assemblies their own Sons when being Tribunes they have published Laws tending to Sedition Memorable is the Example of Cassius who threw his Son headlong out of the Consistory publishing the Law Agraria for the Division of Lands in the behoof of the people and afterwards by his own private Judgment put him to Death by throwing him down from the Tarpeian Rock the Magistrates and People standing thereat amazed and not daring to resist his Fatherly Authority although they would with all their Hearts have had that Law for the Division of Land by which it appears it was lawful for the Father to dispose of the Life of his Child contrary to the Will of the Magistrates or People The Romans also had a Law that what the Children got was not their own but their Fathers although Solon made a Law which acquitted the Son from Nourishing of his Father if his Father had taught him no Trade whereby to get his Living Suarez proceeds and tells us That in Process of Time Adam had compleat Oeconomical Power I know not what this compleat Oeconomical Power is nor how or what it doth really and essentially differ from Political If Adam did or might exercise the same Jurisdiction which a King doth now in a Commonwealth then the Kinds of Power are not distinct and though they may receive an Accidental Difference by the Amplitude or Extent of the Bounds of the One beyond the Other yet since the like Difference is also found in Political Estates It follows that Oeconomical and Political Power differ no otherwise than a Little Commonweal differs from a Great One. Next saith Suarez Commnnity did not begin at the Creation of Adam It is true because he had no body to Communicate with yet Community did presently follow his Creation and that by his Will alone for it was in his power only who was Lord of All to appoint what his Sons should have in Proper and what in Common so that Propriety and Community of Goods did follow Originally from Him and it is the Duty of a Father to provide as well for the Common Good of his Children as the Particular Lastly Suarez Concludes That by the Law of Nature alone it is not due unto any Progenitor to be also King of his Posterity This Assertion is confuted point-blank by Bellarmine who expresly affirmeth That the First Patents ought to have been Princes of their posterity And untill Suarez bring some Reason for what he saith I shall trust more to Bellarmine's Proofs than to his Denials 5. But let us Condescend a while to the Opinion of Bellarmine and Suarez and all those who place Supreme power in the Whole People and ask them of their meaning be That there is but one and the same power in All the people of the World so that no power can be granted except All the Men upon the Earth meet and agree to choose a Governour An Answer is here given by Suarez That it is scarce possible nor yet expedient that All Men in the World should be gathered together into One Community It is likelier that either never o● for a very short time that this power was in this manner in the whole Multitude of Men collected but a little after the Creation men began to be divided into several Commonwealths and this distinct power was in Each o● them This Answer of Scarce possible no● yet Expedient It is likelier bege●● a new doubt how this Distinct power comes to each particular Community when God gave it to the whole Multitude only and not to any particular Assembly of Men. Can they shew o● prove that ever the whole Multitude met and divided this power which God gave them in Gross by breaking into parcels and by appointing a distinct power to each several Common-wealth Without such a Compact I cannot see according to their own Principles how there can be any Election of a Magistrate by any Commonwealth but by a meer Usurpation upon the privilege of the whole World If any think●s that particular Multitudes at their own Discretion had power to divide themselves into several Commonwealths ●hose that think so have neither Reason nor Proof for so thinking and ●hereby a Gap is opened for every petty Factious Multitude to raise a New Commonwealth and to make more Commonweals than there be Families in the World But let this also be yielded them That in each particular Commonwealth there is a Distinct Power in the Multitude Was a General Meeting of a Whole Kingdom ever known for the