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law_n judge_n king_n lord_n 8,619 5 4.0580 3 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A41311 The power of kings, and in particular of the King of England learnedly asserted by Sir Robert Filmer, Kt. ; with a preface of a friend, giving an account of the author and his works. Filmer, Robert, Sir, d. 1653. 1680 (1680) Wing F926; ESTC R19499 10,291 18

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Soveraign Monarch who next unto God of whom he holds his Scepter and Power is bound to No Man For an Oath carrieth always with it Reverence unto whom and in whose Name it is made as still given to a Superiour and therefore the Vassal gives such Oath unto his Lord but receives None from Him again though they be mutually Bound the One of them to the Other Trajan swore to keep the Laws although he under the name of a Soveraign Prince was exempted but never any of the Emperours before him so sware Therefore Pliny the Younger in a Panegyrical Oration speaking of the Oath of Trajan gives out A great Novelty saith he and never before heard of He sweareth by whom we swear Of these two things the one must come to pass to wit the Prince that swears to keep the Laws of his Country must either not have the Soveraignty or else become a Perjur'd Man if he should but Abrogate but one Law contrary to his Oath whereas it is not only Profitable that a Prince should sometimes Abrogate some such Laws but also Necessary for him to Alter or Correct them as the infinite Variety of Places Times and Persons shall require Or if we shall say the Prince to be still a Soveraign and yet nevertheless with such conditions that he can make no Law without the Advice of his Councel or People He must also be Dispensed with by his Subjects for the Oath which he hath made for the Observation of the Laws and the Subjects again which are obliged to the Laws have also need to be Dispensed withal by their Prince for fear they should be Perjur'd So shall it come to pass that the Majesty of the Commonweal enclining now to this side now to that side sometimes the Prince sometimes the People bearing sway shall have no Certainty to rest upon which are notable Absurdities and altogether incompatible with the Majesty of Absolute Soveraignty and contrary both to Law and Reason And yet we see many men that think they see more in the matter than others will maintain it to be most Necessary that Princes should be bound by Oath to keep the Laws and Customs of their Countreys In which doing they weaken and overthrow all the Rights of Soveraign Majesty which ought to be most Sacred and Holy and confound the Soveraignty of One Soveraign Monarch with an Aristocracy or Democracy Publication or Approbation of Laws in the Assembly of the Estates or Parliament is with us of great importance for the keeping of the Laws not that the Prince cannot of himself make a Law without the Consent of the Estates or People for even all his Declarations of War Treaties of Peace Valuations of the Coin Charters to enable Towns to send Burgesses to Parliament and his Writ of Summons to both Houses to Assemble are Laws though made without the Consent of the Estates or People but it is a Courteous part to do it by the good liking of the Senate What if a Prince by Law forbid to Kill or Steal is he not Bound to obey his own Laws I say that this Law is not His but the Law of God whereunto all Princes are more straitly bound than their Subjects God taketh a stricter account of Princes than others as Solomon a King hath said whereto agreeth Marcus Aurelius saying The Magistrates are Judges over private men Princes judge the Magistrates and God the Princes It is not only a Law of Nature but also oftentimes repeated among the Laws of God that we should be Obedient unto the Laws of such Princes as it hath pleased God to set to Rule and Reign over us if their Laws be not directly Repugnant unto the Laws of God whereunto all Princes are as well bound as their Subjects For as the Vassal oweth his Oath of Fidelity unto his Lord towards and against all men except his Soveraign Prince So the Subject oweth his Obedience to his Soveraign Prince towards and against all the Majesty of God excepted who is the Absolute Soveraign of All the Princes in the World To confound the state of Monarchy with the Popular or Aristocratical estate is a thing impossible and in effect incompatible and such as cannot be imagined For Soveraignty being of it self Indivisible How can it at one and the same time be Divided betwixt One Prince the Nobility and the People in common The first Mark of Sovereign Majesty is to be of Power to give Laws and to Command over them unto the Subjects And who should those Subjects be that should yield their Obedience to the Law if they should have also Power to make the Laws Who should He be that could Give the Law being he himself constrain'd to Receive it of them unto whom he himself Gave it So that of necessity we must conclude that as no One in particular hath the Power to make the Law in such a State that there the State must needs be Popular Never any Commonwealth hath been made of an Aristocracy and Popular Estate much less of all the Three Estates of a Commonwealth Such States wherein the Right of Soveraignty is Divided are not rightly to be called Commonweals but rather the Corruption of Commonweals as Herodotus hath most briefly but truely written Commonweals which change their State the Soveraign Right and Power of them being Divided finde no rest from Civil Wars If the Prince be an Absolute Soveraign as are the true Monarchs of France of Spain of England Scotland Turkey Moscovy Tartary Persia Aethiopia India and almost of all the Kingdoms of Africk and Asia where the Kings themselves have the Soveraignty without all doubt or question not Divided with their Subjects In this case it is not lawful for any One of the Subjects in particular or all of them in general to attempt any thing either by way of Fact or of Justice against the Honour Life or Dignity of the Soveraign albeit he had committed all the Wickedness Impiety and Cruelty that could be spoke For as to proceed against Him by way of Justice the Subject hath not such Jurisdiction over his Soveraign Prince of whom dependeth all Power to Command and who may not only Revoke all the Power of his Magistrates but even in whose Presence the Power of all Magistrates Corporations Estates and Communities cease Now if it be not l●wful for the Subject by the way of Justice to proceed against a King How should it then be lawful to proceed against him by way of Fact or Force For question is not here what men are able to do by Strength and Force but what they ought of Right to do as not whether the Subject have Power and Strength but whether they have lawful Power to Condemn their Soveraign Prince The Subject is not only guilty of Treason in the highest Degree who hath Slain his Soveraign Prince but even he also which hath Attempted the same who hath given Counsel or Consent thereto yea if he have Concealed the same or