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A28558 A defence of Sir Robert Filmer, against the mistakes and misrepresentations of Algernon Sidney, esq. in a paper delivered by him to the sheriffs upon the scaffold on Tower-Hill, on Fryday December the 7th 1683 before his execution there. Bohun, Edmund, 1645-1699. 1684 (1684) Wing B3450; ESTC R2726 20,559 19

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have the consent of the People which he calls an Act of State he is no Vsurper because he obtains the Crown by the consent of a willing Nation Grot ac 1 Bell. l. 2. c. 4. Sect. 14. Than which there can be nothing more injurious to hereditary Kingdoms where as the true Notion of an Usurper is one that obtains the Possession of a Throne to which he hath no rightful Title whether he come in by the consent of the People or without it by Force Fraud or Faction And the most Dangerous of all Enemies unto Kings were they who raising their Power to an exorbitant height allowed unto Vsurpers all the Rights belonging to it This is oddly penn'd and it is probable when I have proved Sir R. Filmer to be none of them it will be pretended some other Persons were meant though it can scarcely be understood of any other than he and such as found all Government in Paternal Power Sir R. Filmer thus declares his Judgment pag. 23. The Authority that is in any one a Prince or in many an Aristocracy or in all a Democracy is the only Right and Natural Authority of a Supreme Father Which is as much as if he had said Humane Power ought never to rise above the Spring-head The highest that God Ordained in the World amongst Men was Paternal Power And this is no such formidable exorbitant thing as Mr. Sidney would bear the World in hand I cannot better express this than in the words of Seneca Ad Clem. lib. 1. cap. 14. What is the Duty of a Prince That of kind Parents Who use to chide their Children sometimes sweetly and at other with more sharpness and sometimes correct them with blows Did ever any wise man dis-inherit his Son for his first Offence Except many and great injuries Conquer his Patience unless that which he fears for the future he greater than what he Condemns as past he doth not come to a final Sentence He first tries by many ways to Reclaim his unsetled Manners declining to the worse and only proceeds to extremities when he despairs No Parents proceeds to * Supplicia Extirpation till he hath in vain spent all other Remedies That which becomes a Parent becomes a Prince Who is stiled THE FATHER OF HIS COVNTRY without flattery In all our other Titles we consult their Honour We have call'd them the Great the Happy the August and heaped upon Ambitious Majesty all the Titles we could invent giving these to them But we have styled him the Father of his Country that the Prince might consider the Power of a Father was given him Which is the most Temperate of all Powers consulting the Welfare of the Children and preferring their Good before its own It is a long time before a Father can resolve to cut off one of his own limbs and when he hath unwillingly done it could wish it on again and in the Act groans and delays a long time before he doth it For he seems to Condemn willingly who does it quickly to punish unjustly who doth it too severely The People of Rome in our memory almost slew Erixion a Gentleman in the Market-place for having scourged his Son to death for the Authority of Augustus Caesar could hardly deliver him from the inraged Hands of the Roman Fathers and Children This was the Opinion of that great Philosopher and Minister of State in that piece he writ on purpose to perswade Princes to Olemency And for my part I have ever thought Gods love and kindness to Mankind did never appear in any thing more except in mans Redemption than in Creating only one Man and out of him only one Woman * Filiam non filiam Urorem du●i Eman. Thesaur de Adamo So that Adam was a kind of Father of his Wife That Marital as well as all other Power might be founded in Paternal Jurisdiction That all Princes might look upon the meanest of their Subjects as their Children And all Subjects upon their Prince as their common Father And upon each other as the Children of one Man that Mankind might not only be vnited in one common Nature but also be of one Blood of one Family and be habituated to the best of Governments from the very Infancy of the World Were this well considered as there could be no Tyrants so neither would there be any * Siquidem est arccius Patriae parentem quam suum eccidere Cicero Philip. 2d Traytors and Rebels but both Prince and People would strive to out do each other in the Offices of Love and Duty And now let any man read Sir R. Filmer's Patriarcha and see if he have ascribed one dram of Power to Princes which will not naturally spring and arise from Supreme Paternal Power Which how much soever Mr. Sidney may dislike it is no Exorbitant height As to the second period or member of this Paragraph the allowing unto Usurpers all the rights belonging unto Princes upon which Mr. Sidney so enlargeth himself in displaying the mischiefs that follow it I have formerly set forth Sir R. Filmer in his own words by which it will appear how little reason he hath given for such a declamation For first he calls it a judgment of God for the correction of the Prince or a Punishment of the People 2ly Tho' in this he acknowledgeth God's justice yet he declared the Act to be sinful and damnable in them that do it Now if this will make a Man a most dangerous Enemy unto Kings how yet can Mr. Sidney pretend to correct him who in this very paper allows the expulsion of Tarquin the insurrection against Nero the Slaughter of Caligula and Domitian to be good Acts of State and will not allow Pipin and Hugh Capet to be Usurpers because they did it by the Consent of Willing Nations So that we may set our hearts at rest for there never was nor ever shall be an Usurper except such as having good Titles do not think it necessary to Cajole the People but presuming upon that enter the Government without the Leave of Mr. Multitude He concludes his reasons against Usurpers Thus. This is the Scope of the whole Treatise viz. That part of which was at the Tryal produced against him the Writer gives such reasons as at present did occur unto him to prove it This seems to agree with the Doctrines of all times Nations and Religions the Best and Wisest of all Kings have ever acknowledged it the Scriptures seem to declare it c. Now it is a little wonderful that he should be so well acquainted with a piece that was Counterfeit and laid in his Study but yet it is much more wonderful that there should even seem tho' but to him to be such an Agreement about the power of the People in setting up such Governments as best pleased them that the People are judge of all differences that happen between them and their Prince that he must be content to