Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	king_n	law_n	word_n	3,134	5	4.2980	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85293	The anarchy of a limited or mixed monarchy. Or, A succinct examination of the fundamentals of monarchy, both in this and other kingdoms, as well about the right of power in kings, as of the originall or naturall liberty of the people. A question never yet disputed, though most necessary in these times.	Filmer, Robert, Sir, d. 1653.	1648 (1648)	Wing F910; Thomason E436_4; ESTC R202028	34,573	45

how far the Parliament is able to create new formes and precedents and has a jurisdiction over it self All these doubts would be solemnly solved But in the first place the true priviledges of Parliament belonging not only to the being and efficacy of it but to the honor and complement of it would be clearly declared for the very naming of priviledges of Parliament as if they were chimeras to the ignorant sort and utterly unknown unto the learned hath been entertained with scorne since the beginning of this Parliament In this large passage taken out of the Observator which concernes the originall of all Government two notable Propositions may be principally observed First our Observator confesseth arbitrary or absolute government to be the first and the safest government for the world Secondly he acknowledgeth that the jurisdiction is uncertaine and the priviledges not cleerely declared of limited Monarchy These two evident truths delivered by him he labours mainely to disguise He seemes to insinuate that arbitrary Government was but in the infancy of the World for so he termes it but if we enquire of him how long he will have this infancy of the world to last he grants it continued above three thousand years which is an unreasonable time for the world to continue under age for the first opposers he doth find of arbitrary power were the ephori tribuni curatores c. The ephori were above three thousand years after the Creation and the tribuni were later as for his curatores I know not whom he meanes except the Master of the Court of Wards I cannot English the word curator better I doe not believe that he can shew that any curatores or et caeteras which he mentions were so ancient as the ephori As for the tribuni he mistakes much if he thinkes they were erected to limit and bound Monarchy for the state of Rome was at the least Aristocraticall as they call it if not popular when tribunes of the people were first hatched And for the Ephori their power did not limit or regulate Monarchy but quite take it away for a Lacedemonian King in the judgement of Aristotle was no King indeed but in name onely as Generalissimo of an Army and the best polititians reckon the Spartan Common-wealth to have been Aristocraticall and not Monarchicall and if a limited Monarchy cannot be found in Lacedemon I doubt our Observator will hardly find it any where else in the whole World and in substance he confesseth as much when he saith Now most Countries have found out an art and peaceable order for publique Assemblies as if it were a thing but new done and not before for so the word Now doth import The observator in confessing the Jurisdiction to be incertaine and the priviledges undetermined of that Court that should bound and limit Monarchy doth in effect acknowledge there is no such Court at all for every Court consists of Jurisdictions and Priviledges it is these two that create a Court and are the essentials of it If the admirably composed Court of Parliament have some defects which may receive amendment as he saith and if those defects be such as cause divisions both between the Houses and between the King and both Houses and these divisions be about so maine a matter as Jurisdictions and Priviledges and power to create new Priviledges all which are the fundamentals of every Court for untill they be agreed upon the act of every Court may not onely be uncertaine but invalid and cause of tumults and sedition And if all these doubts divisions have need to be solemnly solved as our Observator confesseth Then he hath no reason at all to say that Now the conditions of Supream Lords are wisely determined and quietly conserved or that Now most Countries have found out an art and peaceable order for publick affaires whereby the people may resume its own power to do it self right without injurie unto Princes for how can the underived Majesty of the people by assuming its own power tell how to do her selfe right or how to avoid doing injury to the Prince if her jurisdiction be uncertain and Priviledges undetermined He tels us Now most Countries have found an art and peaceable order for publick Assemblies and to the intent that Princes may not be Now beyond all limits and Laws the whole community in t is underived Majesty shall convene to do Justice But he doth not name so much as one Country or Kingdome that hath found out this art where the whole Community in its underived Majesty did ever convene to do Justice I challenge him or any other for him to name but one Kingdome that hath either Now or heretofore found out this art or peaceable order We do hear a great rumor in this age of moderated and limited Kings Poland Sweden and Denmark are talked of for such and in these Kingdomes or no where is such a moderated Government as our Observator meanes to be found A little enquiry would be made into the manner of the Government of these Kingdomes for these Northern people as Bodin observeth breathe after liberty First for Poland Boterus saith that the Government of it is elective altogether and representeth rather an Aristocracie then a Kingdome the Nobility who have great authority in the Diets chusing the King and limiting His Authority making His Soveraignty but a slavish Royalty these diminutions of regality began first by default of King Lewis and Jagello who to gaine the succession in the Kingdome contrary to the Laws one for his daughter and the other for his son departed with many of his Royalties and prerogatives to buy the voices of the Nobility The French Author of the book called the Estates of the world doth informe us that the Princes Authority was more free not being subject to any Laws and having Absolute Power not onely of their estates but also of life and death Since Christian Religion was received it began to be moderated first by holy admonitions of the Bishops and Clergy and then by services of the Nobility in war Religious Princes gave many Honours and many liberties to the Clergy and Nobility and quit much of their Rights the which their successors have continued The superiour dignity is reduced to two degrees that is the Palatinate and the Chastelleine for that Kings in former times did by little and little call these men to publike consultations notwithstanding that they had absolute power to do all things of themselves to command dispose recompence and punish of their own motions since they have ordained that these dignities should make the body of a Senate The King doth not challenge much right and power over His Nobility nor over their estates neither hath he any over the Clergy And though the Kings Authority depends on the Nobility for His election yet in many things it is absolute after he He is chosen He appoints the Diets at what time and place He pleaseth He

King he gives the like note upon him that he did upon the Aesymnet that he was in old time 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the heroick times The thing that made these heroicall Kingdomes differ from other sorts of Kingdomes was only the meanes by which the first Kings obtained their Kingdomes and not the manner of Government for in that they were as absolute as other Kings were without either limitation by law or mixture of companions Lastly as for Arist Barbaricke sort of Kings since he reckoned all the world Barbarians except the Graecians his Barbaricke King must extend to all other sorts of Kings in the world besides those of Greece and so may go under Aristotles fift sort of Kings which in generall comprehends all other sorts and is no speciall forme of Monarchy Thus upon a true accompt it is evident that the five severall sorts of Kings mentioned by Aristotle are at the most but different and accidentall meanes of the first obtaining or holding of Monarchies and not reall or essentiall differences of the manner of Government which was alwayes absolute without either limitation or mixture I may be thought perhaps to mistake or wrong Aristotle in questioning his diversities of Kings but it seemes Aristotle himselfe was partly of the same minde for in the very next Chapter when he had better considered of the point he confessed that to speake the truth there were almost but two sorts of Monarchies worth the considering that is his first or Laconique sort and his fift or last sort where one alone hath Supreame power over all the rest thus he hath brought his five sorts to two Now for the first of these two his Lacedemonian King he hath confessed before that he was no more then a Generalissimo of an Army and so upon the mater no King at all and then there remaines onely his last sort of Kings where one alone hath the Supreame power And this in substance is the finall resolution of Aristotle himself for in his sixteenth Chapter where he delivers his last thoughts touching the kindes of Monarchy he first dischargeth his Laconick King from being any sort of Monarchy and then gives us two exact rules about Monarchy and both these are point blanke against limited and mixed Monarchy therefore I shall propose them to be considered of as concluding all Monarchy to be absolute and arbitrary 1. The one rule is that he that is said to be a King according to Law Arist pol. l. 3. c. 16. is no sort of government or Kingdome at all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. The second rule is that a true King is he that ruleth all according to his owne will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This latter frees a Monarch from the mixture of partners or sharers in government as the former rule doth from limitation by lawes Thus in briefe I have traced Aristotle in his crabbed and broken passages touching diversities of Kings where first he findes but four sorts and then he stumbles upon a fift and in the next Chapter contents himselfe onely with two sorts of Kings but in the Chapter following concludes with one which is the true perfect Monarch who rules all by his own will In all this we find nothing for a regulated or mixed Monarchy but against it Moreover whereas the Author of the treatise of Monarchy affirmes it as a prime principle that all Monarchies except that of the Jewes depend upon humane designment when the consent of a society of men and a fundamentall contract of a Nation by originall or radicall constitution confers power He must know that Arist searching into the originall of government shewes himselfe in this point a better Divine then our Author and as if he had studied the book of Genesis teacheth that Monarchies fetch their petigree from the right of fathers and not from the gift or contract of people his words may thus be englished At the first Cities were Governed by Kings and so even to this day are Nations also for such as were under Kingly Government did come together for every house is governed by a King who is the eldest and so also Colonies are governed for kindred sake And immediately before he tels us that the first society made of many houses is a village which naturally seemes to be a Colonie of a house which some call fosterbrethren or Children and Childrens Children So in conclusion we have gained Aristotles judgement in three maine and essentiall points 1. A King according to Law makes no kind of Government 2. A King must rule according to his own will 3. The originall of Kings is from the right of Fatherhood What Aristotles judgement was two thousand years since is agreeable to the doctrine of the great modern politician Bodin Heare him touching limited Monarchy Vnto Majesty or Soveraignty saith he belongeth an absolute power not subject to any Law chief power given unto a Prince with condition is not properly Soveraignty or power absolute Except such conditions annexed to the Soveraignty be directly comprehended within the laws of God and nature Albeit by the sufferance of the King of England controversies between the King and his people are sometimes determined by the high Court of Parliament and sometimes by the Lord Chief Justice of England yet all the estates remaine in full subjection to the King who is no wayes bound to follow their advise neither to consent to their requests It is certaine that the lawes priviledges and grants of Princes have no force but during their life if they be not ratified by the expresse consent or by sufferance of the Prince following especially Priviledges Much lesse should a Prince be bound unto the Laws he maketh himself for a man may well receive a Law from an other man but impossible it is in nature for to give a Law unto himself no more then it is to command a mans self in a matter depending of his owne will The Law saith Nulla obligatio consistere potest quae à voluntate promittentis statum capit The Soveraigne Prince may derogate unto the laws that he hath promised and sworn to keep if the equity thereof be ceased and that of himself without the consent of his subjects the Majesty of a true Soveraigne Prince is to be known when the estates of all the people assembled in all humility present their requests and supplications to their Prince without having power in any thing to command determine or give voice but that that which it pleaseth the King to like or dislike to command or bid is holden for Law wherein they which have written of the duty of Magistrates have deceived themselves in maintaining that the power of the people is greater then the Prince a thing which causeth oft true subjects to revolt from their obedience to their Prince and ministreth matter of great troubles in Common-wealths of which their opinion there is neither reason nor ground for if the King be subject unto the assemblies