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To: DiogenesLamp

— 1. There is a subjection in respect of natural being, as the effect to the cause; so, though Adam had never sinned, this morality of the fifth command should have stood in vigour, that the son by nature, without any positive law, should have been subject to the father, because from him he hath his being, as from a second cause.

Arg. 2. — Man is born by nature free from all subjection, except of that which is most kindly and natural, and that is fatherly or filial subjection, or matrimonial subjection of the wife to the husband; and especially he is free of subjection to a prince by nature; because to be under jurisdiction to a judge or king, hath a sort of jurisdiction, (argument, L. Si quis sit fugitivus. F. de edil. edict. in S. penult. vel fin.) especially to be under penal laws now in the state of sin. The learned senator Ferdinandus Vasquez saith, (lib. 2. c. 82. n. 15,) Every subject is to lay down his life for the prince. Now no man is born under subjection to penal laws or dying for his prince.

Arg. 7. — What is from the womb, and so natural, is eternal, and agreeth to all societies of men; but a monarchy agreeth not to all societies of men; for many hundred years; de facto, there was not a king till Nimrod's time, the world being governed by families, and till Moses' time we find no institution for kings, (Gen. vii.) and the numerous multiplication of mankind did occasion monarchies, otherwise, fatherly government being the first and measure of the rest, must be the best; for it is better that my father govern me, than that a stranger govern me, and, therefore, the Lord forbade his people to set a stranger over themselves to be their king. The P. Prelate contendeth for the contrary, (c. 12, p. 125,) "Every man (saith he) is born subject to his father, of whom immediately he hath his existence in nature; and if his father be the subject of another, he is born the subject of his father's superior." —

Pretty heavy on the Jus Sanguinus argument being "Natural law."

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524 posted on 09/04/2013 4:13:44 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
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To: DiogenesLamp

4. Fatherly government and power is from the bosom and marrow of that fountain law of nature; but royal power is not from the law of nature, more than is aristocratical or democratical power. Dr. Fern saith, (part 1, sec. 3, p. 8,) Monarchy is not jure divino, (I am not of his mind,) nor yet from the law of nature, but ductu natura, by the guidance of nature. Sure it is from a supervenient commandment of God, added to the first law of nature, establishing fatherly power. 5. Children having their life and first breathings of nature from their parents, must be in a more entire relation from their father than from their prince. Subjects have not their being natural, but their civil, politic and peaceable well-being from their prince. 6. A father is a father by generation, and giving the being of nature to children, and is a natural head and root, without the free consent and suffrages of his children, and is essentially a father to one child, as Adam was to one Cain; but a prince is a prince by the free suffrages of a community, and cannot be a king to one only, and he is the politic head of a civil corporation.

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525 posted on 09/04/2013 4:23:38 PM PDT by DiogenesLamp (Partus Sequitur Patrem)
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