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Title:  Observations concerning the original and various forms of government as described, viz. 1st. Upon Aristotles politiques. 2d. Mr. Hobbs's Laviathan. 3d. Mr. Milton against Salmatius. 4th. Hugo Grotius De jure bello. 5th. Mr. Hunton's Treatise of monarchy, or the nature of a limited or mixed monarchy / by the learned Sir R. Filmer, Barronet ; to which is added the power of kings ; with directions for obedience to government in dangerous and doubtful times.
Author: Filmer, Robert, Sir, d. 1653.
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But as Moses by chusing Elders to judge in small Causes, did not thereby lose his Authority to be Judge himself when he pleased, even in the smallest Matters; much less in the greatest, which he reser∣ved to himself: so Kings by delegating others to judg under them, do not hereby denude themselves of a Power to judge when they think good.There is a Distinction of these times, that Kings themselves may not judge, but they may see and look to the Judges, that they give Judgment according to Law; and for this Purpose only (as some say) Kings may sometimes sit in the Courts of Justice. But it is not possible for Kings to see the Laws exe∣cuted, except there be a Power in Kings both to judge when the Laws are duly executed, and when not; as also to compel the Judges if they do not their Duty. Without such Power a King sitting in Courts is but a Mockery, and a Scorn to the Judges. And if this Power be allowed to Kings, then their Judgments are supream in all Courts. And indeed our Common Law to this purpose doth presume that the King hath all Laws within the Cabi∣net of His Breast, in Scrinio pectoris, saith Campton's Jurisdiction. 108.When several of our Statutes leave many things to the Pleasure of the King, for us to interpret all those Statutes of the Will and Pleasure of the Kings Justices, only, is to give an absolute Arbitrary Power to the Ju∣stices in those Cases wherein we deny it to the King.The Statute of 5 Hen. 4. c. 2. makes a Difference between the King, and the Kings Justices, in these words, Divers notorious Felons be indicted of divers Felonies, Murders, Rapes: and as well before the Kings Justices, as before the King himself, arraigned of the same Felonies.0