“From the Minutes of the Board of Visitors, University of Virginia,” March 4, 1825, in Thomas Jefferson, Writings (New York: Library of America, 1984), p. 479.
New York: Arno, 1979. This is a hard-to-read facsimile reprint of the 1698 edition. A limited reprint of the 1751 edition appeared in 1968 (see Bibliography).
Letter of September 17, 1823, in Lester J. Cappon, ed., The Adams-Jefferson Letters (New York: Simon Schuster, 1971), p. 598.
The Works of James Wilson, ed. Robert Green McCloskey (Cambridge: Harvard University Press, 1967), vol. 1, p. 120, from Wilson’s 1790–91 lectures on Law.
On pre- and post-Christian political obligation, Harry V. Jaffa, Original Intent and the Framers of the U.S. Constitution (Washington: Regnery Gateway, 1994), pp. 313–317. On Filmer and English royalist writing, Alan Craig Houston, Algernon Sidney and the Republican Heritage in England and America (Princeton: Princeton University Press, 1991), ch. 2, and Nathan Tarcov, Locke’s Education for Liberty (Chicago: University of Chicago Press, 1984), ch. 1.
Addressed in Discourses Concerning Government, ch. 3, section 37.
Thomas Jefferson to Henry Lee, May 8, 1825 in Writings, p. 1501. Hobbes makes this assertion in Behemoth, or the Long Parliament, ed. Ferdinand Tönnies (New York: Barnes and Noble, 1969), pp. 43, 56, 158.
Sidney’s account of the English past has been much criticized by J. G. A. Pocock in The Ancient Constitution and the Feudal Law (Cambridge: Cambridge University Press, 1957), ch. 2 and 3, and others, but defended persuasively in James Conniff, “Reason and History in Early Whig Thought: The Case of Algernon Sidney,” Journal of the History of Ideas 43 (1982), pp. 397–416.
Jaffa, Original Intent, pp. 315–316.
Richard Ashcraft, Revolutionary Politics and Locke’s Two Treatises of Government (Princeton: Princeton University Press, 1986), p. 212; and Houston, Algernon Sidney, Introduction. The leading proponent of the “classical republican” thesis is J. G. A. Pocock, The Machiavellian Moment (Princeton: Princeton University Press, 1975).
This is sometimes denied, but Locke, Second Treatise, ch. 11 (end), affirms not only “no taxation without representation,” but implies “no legislation without representation” (since “property” in Locke’s view comprises life and liberty). Not one of America’s founders doubted that Locke was a republican.
This point is controversial. The strongest argument on its behalf is that of Leo Strauss in Natural Right and History (Chicago: University of Chicago Press, 1953), pp. 202–251, and in What Is Political Philosophy? (New York: Free Press, 1959), ch. 8. For the opposing view, see John W. Yolton, “Locke on the Law of Nature,” Philosophical Review 67 (1958), pp. 477–498.
Jonathan Scott, Algernon Sidney and the English Republic, 1623–1677 (Cambridge: Cambridge University Press, 1988), Introduction.
Donald S. Lutz, The Origins of American Constitutionalism (Baton Rouge: Louisiana State University Press, 1988), p. 143.
Locke, Second Treatise, ch. 5.
For the facts of Sidney’s life, see Houston, Algernon Sidney; Scott, Algernon Sidney and the English Republic, 1623–1677; Scott, Algernon Sidney and the Restoration Crisis, 1677–1683 (Cambridge: Cambridge University Press, 1991); Blair Worden, “The Commonwealth Kidney of Algernon Sidney,” Journal of British Studies 24 (January 1985), pp. 1–40; “Algernon Sidney,” Concise Dictionary of National Biography (Oxford: Oxford University Press, 1992), vol. 3, p. 2742; and George W. Meadley, Memoirs of Algernon Sydney (London: Cradock and Joy, 1813). Unless otherwise noted, quotations are from these sources.
Thomas Hobbes, Leviathan, ch. 11. Quotations from “Of Love” are taken from A Collection of Scarce and Valuable Tracts … of the Late Lord Somers, ed. Sir Walter Scott (London, 1809–16), vol. 8, pp. 612–619.
Richard Ashcraft has persuasively revived the case against Charles II in Revolutionary Politics and John Locke’s Two Treatises of Government (Princeton: Princeton University Press, 1986), ch. 1.
Ibid., ch. 4 and 6.
Winston Churchill, Marlborough: His Life and Times (London: Harrap, 1947), vol. 1, pp. 149–150.
Ashcraft in Revolutionary Politics, ch. 7 and 8, refutes the older view that there was no significant Whig conspiracy. He argues that killing the king was part of the overall plan.
Sidney, Discourses Concerning Government, 3rd ed. (London: Millar, 1751), p. xxvii. The “old cause” was the cause of the English republic.
Ibid., p. xxx.
Thomas G. West, Plato’s Apology of Socrates (Ithaca: Cornell University Press, 1979), p. 150.
Besides the Laslett edition of Filmer already mentioned (reprinted in 1985 by Garland Publishers), Patriarcha is printed in John Locke, Two Treatises of Government, ed. Thomas I. Cook (New York: Hafner, 1947). At this writing both are still in print.
James Harrington, Oceana, ed. S. B. Liljegren (1924; repr. Westport, Conn.: Hyperion Press, 1979), p. xiii.
Worden, “The Commonwealth Kidney of Algernon Sidney,” p. 39.
Ibid.
[The notes to the present edition refer to Patriarcha and Other Political Writings, edited by Peter Laslett (Oxford: Basil Blackwell, 1949), based on one of the two surviving early manuscripts.
Filmer’s Patriarcha was first published in 1680, eleven years after its author’s death. It was probably written around 1630. The book was divided into three chapters and 46 numbered sections. Sidney’s Discourses accordingly has three chapters, but 98 sections.
A more recent edition, Patriarcha and Other Writings, edited by Johann P. Sommerville (Cambridge: Cambridge University Press, 1991), is based on a manuscript thought to be earlier than the one Laslett followed. This Patriarcha is very close to the 1680 edition.
Unlike the 1680 edition used by Sidney, Laslett’s Patriarcha has 32 chapters with titles. The 1680 and 1991 editions’ chapters correspond to Laslett’s as follows: ch. 1 is 1–7; ch. 2 is 11–21; ch. 3 is 22–32. The 1680 edition omits Laslett’s 8–10.—T.G.W., 1995]
Potentiora legum quam hominum imperia. Tacit. [“The rule of laws is more powerful than that of men.” Actually in Livy, History of Rome, 14 vols. (Cambridge: Harvard University Press, Loeb Classical Library, 1922–1959), bk. 2, ch. 1. Subsequent citations will refer to these standard editions as “Loeb.”]
[According to a proverb, not every block of wood is good enough to make a statue of the god Mercury.]
[Sidney’s quotations from Filmer in this section are from Patriarcha, ch. 1 (“The Natural Freedom of Mankind, a New, Plausible, and Dangerous Opinion”), pp. 53–54 of Laslett’s edition.]
[Luke 12:4; Acts 5:29.]
[Aristotle, Politics (Loeb, 1932), bk. 1, 1255a.]
[In Sidney’s day the Jesuits were the most extreme advocates of Catholic political power; Geneva was the home of the Protestant political writer John Calvin. The Protestant George Buchanan (in De jure regni apud Scotos 1579) and the Jesuit R. Doleman (in A Conference about the Next Succession to the Crowne of Ingland, 1594) both defended the people’s right to choose their form of government and to overthrow tyrannical kings. But Doleman (pseudonym for Robert Parsons) was abhorred in England as a treasonous advocate of Catholic Spain’s pretensions to the British throne.]
[Filmer cited the Jesuit Cardinal Robert Bellarmine, De Laicis, bk. 3, ch. 6, and Calvin’s Institutes, bk. 4, ch. 10.]
[John Hayward answered Doleman (previous note) in An Answer … (London, 1603), attacking Doleman’s defense of the people’s right to choose their government and upholding the naturalness of monarchy. Hayward does not in fact argue for natural freedom and equality, as Filmer claimed (although he conceded for the sake of argument that even if there were natural freedom and equality, hereditary monarchy and passive obedience would still follow).
William Barclay, in De regno et regali potestate … (1600), asserted the sacredness of kings, but, unlike Hayward, he grounded kingly authority in popular consent.
Adam Blackwood attacked Buchanan in Apologia pro regibus (Paris, 1588), an ardent defense of absolute monarchy.]
[These men were leading 17th-century defenders of absolute monarchy. William Laud, Archbishop of Canterbury under Charles I, sought to eliminate Puritanism in England and Presbyterianism in Scotland. Parliament impeached him for high treason, and he was executed in 1645.
Anglicans Roger Manwaring and Robert Sybthorpe defended the full scope of royal prerogative under Charles I in sermons preached in 1627 ( Religion and Allegiance and Apostolike Obedience, respectively). Manwaring was impeached but pardoned by the king.
Thomas Hobbes developed a theoretical defense of absolutism, but on grounds entirely opposed to Filmer’s: the natural freedom and equality of all men.
Anglican clergyman Peter Heylyn wrote defenses of episcopacy and monarchy. A close friend of Filmer’s, he contributed an introductory letter to the first edition of Patriarcha .]
[Quotations from Filmer in this section are from Patriarcha, ch. 1, pp. 54–55.]
[Or: mysteries of government.]
[1 Kings 12.]
[ Patriarcha, ch. 1, p. 55.]
The Marchioness of Brinvilliers. [She was executed for her many poisonings in Paris in 1676.]
[ Patriarcha, ch. 1, p. 55.]
C. Tacit. [“The rule of laws was more powerful than that of men.” Actually in Livy, History of Rome, bk. 2, ch. 1.]
[The quotations in this paragraph are from Patriarcha, ch. 1, p. 55.]
[The Anglican political thinker Richard Hooker, like Barclay, defended the monarchy but affirmed the basis of government in the consent of the governed. Sidney quotes Hooker in ch. II, sec. 6.]
[ Patriarcha, ch. 2 (“The Question Stated out of Bellarmine: And Some Contradictions of His Noted”), p. 56.]
[Johannes Faber, German Roman Catholic Bishop, opponent of the Reformation, and author of Malleus in Haeresin Lutheranam (Hammer against the Lutheran Heresy), 1524.]
[ Patriarcha, ch. 2, p. 56.]
[ Patriarcha, ch. 2, p. 57.]
Cujus est instituere, ejus est abrogare.
[The quotations in this paragraph are from Patriarcha, ch. 3 (“The Argument of Bellarmine Answered out of Bellarmine Himself: And of the Regal Authority of the Patriarchs after the Flood”), p. 57.]
Deut. 17.
[Genesis 13–15.]
[Genesis 38.]
[ Patriarcha, ch. 4 (“The Dispersion of Nations after the Flood Was by Entire Families over Which the Fathers Were Kings, and from Those Kings, all Kings are Descended”), pp. 58–60.]
Gen. 9.
[Genesis 10–11 .]
Omnisque potestas impatiens consortis erit. Lucan. [Lucan, Pharsalia, also called The Civil War (Loeb, 1928), bk. I, li. 92–93.]
[ Patriarcha, ch. 3, p. 57.]
[ Patriarcha, ch. 2, p. 56.]
[ Patriarcha, ch. 4, pp. 58–60.]
[“Time in itself has no power as a cause.” Hugo Grotius, De jure belli ac pacis libri tres, bk. 2, ch. 4, sec. 1. Trans. (in vol. 2) as The Law of War and Peace (New York: Oceana, 1964).]
[A right established by the Parliament of Scotland in 1681.]
[Concerning things which do not appear and things which do not exist the reasoning is the same.]
[ Patriarcha, ch. 4, p. 60.]
[Exodus 7:1.]
[Let it be given to the worthier.]
[Let it be given to the elder.]
[Ecclesiastes 4:13.]
[“Father of his country.” Patriarcha, ch. 5 (“Kings Are Either Fathers of Their People, or Heirs of Such Fathers, or the Usurpers of the Rights of Such Fathers”), pp. 60–61 .]
[Filmer refers to the seventy-two in Patriarcha, ch. 4, p. 58, and on the next page (in another connection) cites Sir Walter Raleigh, History of the World, in Works (Oxford: Oxford University Press, 1829), vol. 2, p. 353.]
[This is the first of three gaps in the manuscript that are noted by the editor of the first edition.]
[The first edition of the Discourses does not indicate that a new section begins here, but the running head on the next page of that edition reads “Section 15,” and the next new section is Section 16. Unless the first editor misnumbered the remaining sections in Chapter 1, it appears that Sidney began a new section on the missing pages.]
[“For a kingdom I would give country, household gods, and wife to the flames: Imperial power is well purchased at any price.” These are the last verses of the surviving fragment of Seneca’s Thebaid, widely known today as Phoenissae, in Tragedies, 2 vols. (Loeb, 1917).]
[Kingdoms of heroes.]
[“Natives, … who were born of split oaks, made of clay, having no parents.” Juvenal, Satire 6, li. 12–13, in Juvenal and Perseus, Satires (rev ed.; Loeb, 1940).]
T. Liv. [“Without the command of the people.” Livy, History of Rome, bk. 1, ch. 49.]
[“And the other patrons of Greek and Roman anarchy.” Thomas Hobbes, On the Citizen, ch. 12, sec. 3.]
[ Patriarcha, ch. 15, p. 86.]
[“Let it be given to the worthier.”]
La razon es porque siempre se ha de tener respeto al fin y causa final, por el qual, el tal supremo y universal sennor se los pone, que es su bien y utilitad; y a que no se le convierte el tal supremo sennorio in danno, pernicie y destruycion. Porque si assi fuesse, no ay que dudar, que non desde entonees inclusivamente seria injusto, tyrannico y iniquo tal sennorio, come mas se enderezasse al proprio interesse y provecho del sennor, que al bien y utilitad comun de los subditos; lo qual de la razon natural y de todas las leyes humanas y divinas es abhorrecido y abhorrexible. Bar. de las Casas. destr. de las Indias, pag. 111 . [Bartolomé de Las Casas, Brevísima Relación de la Destrucción de las Indias (1552), actually on p. 115. The quotation is from a dispute between Casas and Sepulveda, Twelfth Reply.]
El yugo y governacion de Vuestra Magestad importable, tirannico y degno de todo abhorrecimento. Pag. 167. [Ibid. The quotation is from a section called Entre los Remedios …, Fourth Reason.]
[ Patriarcha, ch. 6 (“Of the Escheating of Kingdoms”), pp. 61–62.]
[“God obscures these things in the mists of night.” Horace, Odes, bk. 3, Ode 29, li. 30, The Odes and Epodes (rev. ed.; Loeb, 1927).]
[“A war of all against all.” Thomas Hobbes, Leviathan, ch. 14.]
[Romans 8:17.]
[Ephesians 5:23.]
[Man is the rational animal.]
reginarumque sub armis / Barbariae pars magna jacet. Lucan. Phars. [“And a great part of the barbarians is subjected to the arms of queens.” Actually in Claudian, Against Eutropius, bk. 1, li. 322, Poems, vol. 1 (Loeb, 1922).]
Deut 17.
[ Patriarcha, ch. 6, p. 62.]
Sueton. [Suetonius, Life of Caligula, ch. 22, 55, and Life of Nero, ch. 28–29, in Lives of the Caesars, 2 vols. (Loeb, 1913–1914). Xerxes, named in the preceding sentence, ordered the Hellespont to suffer three hundred lashes and to have a pair of fetters thrown into it; see Herodotus, bk. 7, ch. 35, in Histories, 4 vols. (Loeb, 1920–1925).]
Horat. [“Whatever kings rave at.” Horace, Epistles, bk. 1, Ep. 2, li. 14. The full line is “Whatever kings rave at, the people suffer from.” Horace, Satires, Epistles, and Ars Poetica (rev. ed.; Loeb, 1929).]
[Ecclesiastes 4:13.]
[Parliament’s attempt to reform these abuses in 1604 was vetoed by James I. It was the first of many occasions under the Stuart monarchs when Parliament stated its liberties in opposition to the king.]
Trecenti Romanae juventutis principes. T. Liv. [Livy, History of Rome, bk. 2, ch. 12.]
[Prince (i.e., leading man) of the senate.]
T. Liv. 1. 7. [“He would choose Q. Fabius Maximus, whom he could prove, even with Hannibal as a judge, to be at that time the prince (i.e., first citizen) of the city of Rome.” Livy, History of Rome, bk. 27, ch. 11.]
[ Patriarcha, ch. 6, p. 62.]
[These men acquired large fortunes as government officials.]
Senec. Theb. [“With this hope he will (even) attack Jupiter, who threatens with his lightning bolt.” Actually in Seneca, Thyestes, li. 290.]
[ Patriarcha, ch. 6, p. 62.]
[The voice of the people is the voice of God.]
Rom. 13.
1 Tim. 2.
John 8.39.
[ Patriarcha, ch. 6, p. 62.]
[Ibid.]
[Chapter 26, p. 106 in the Laslett edition, which is based on Filmer’s manuscript. Sidney used the 1680 edition of Filmer, which had three chapters subdivided into 46 numbered sections.]
Lucan, c. [“Right is ascribed to crime”; “all right is located in the sword”; “it is granted that powerful Sulla, fierce Marius, bloody Cinna, and the whole line of Caesar’s house made right for themselves by the sword at our throats.” The third quotation is from Lucan, Pharsalia, bk. 4, li. 821.]
[“The city was devastated by conflagrations, in which her most ancient shrines were consumed and the very Capitol fired by citizens’ hands; the rites were polluted; there were great adulteries; the sea was filled with exiles, the cliffs stained with their blood; in the city there was more awful savagery; nobility, wealth, the refusal or acceptance of office, were grounds for accusation, and virtues ensured ruin.” Tacitus, Histories, bk. 1, ch. 2, in The Histories and The Annals, 4 vols. (Loeb, 1925–1937).]
[Tacitus, Annals, bk. 16, ch. 21.]
[Chapter II of the 1680 edition of Filmer was entitled, “It is unnatural for the People to Govern, or Choose Governours” and comprised chapters 11–21 of Filmer’s manuscript. Sidney’s Chapter II thus answers that part of Patriarcha. (Filmer’s chapters 8–10, in which Grotius, Selden, and the civil law are treated, were not printed in the 1680 edition, which may have been based on an early manuscript revised later by Filmer. Therefore Sidney does not discuss these chapters.)
Suarez and Bellarmine, as well-known Catholic writers, had no prestige in Protestant England. Filmer’s chapter 11 is “Suarez’ Dispute against the Regality of Adam. Families Diversely Defined, Suarez Contradicting Bellarmine” (pp. 74–78).]
[ Patriarcha, ch. 12 (“Aristotle Agrees with the Scripture, Deducing Royal Authority from the Fatherhood”), pp. 78–80.]
[ Patriarcha, ch. 12, p. 79. Filmer and Sidney are both correct. Book 3 of Aristotle’s Politics is sometimes divided into 12, some times into 18 chapters. The quotation used by Filmer is at 1287a.]
[Aristotle, Politics, bk. 3, 1282B–1283a.]
[Aristotle, Politics, bk. 3, 1288a.]
[King by nature.]
Plato de Leg. de Republ. [Plato, Laws and Republic .]
Plato de Leg. [Several of these points are made in Laws, bk. 4.]
Eccl. 10.7.
[Aristotle, Politics, bk. 3, 1287a.]
[Proverbs 30:21–22.]
Plato in Alcib. 1. 1, 2. [Sidney paraphrases such passages as Alcibiades I, 133e–134e, and Alcibiades II, 145e–l47b and 150a, in Plato, Charmides, Alcibiades I, II … (Loeb, 1927).]
[ Patriarcha, ch. 12, p. 80.]
[ Patriarcha, p. 80; Aristotle, Politics, bk. 1, 1252a.]
[“Stupidly daring in his bodily strength.” Tacitus, Annals, bk. 1, ch. 3.]
[ Patriarcha, ch. 11, p. 78. “Oeconomical” means “household-governing,” the root meaning of “economic.”]
[ Patriarcha, ch. 11, pp. 75–77. Filmer attacks Suarez’ Tractatus de Legibus, bk. 3, ch. 2.]
[ Patriarcha, ch. 11, p. 74.]
Sine caede sanguine pauci/Descendunt reges, sicca morte tyranni. Juven. Sat. [“Without slaughter and blood few kings descend (into Hades), and few tyrants die a dry (i.e., bloodless) death.” Juvenal, Satire 10, li. 112.]
[“He did not know how difficult and insupportable the burden of universal rule is.” Tacitus, Annals, bk. 1, ch. 11.]
[Judges 9:7–15.]
Rom. 8.19. [Actually Romans 8:17.]
[Equal things to equals.]
Eccl. 10.16.
T. Liv. l. 2. [“Three hundred principes (prominent ones) of the Roman youth had conspired against him.” Livy, History of Rome, bk. 2, ch. 12.]
[ Patriarcha, ch. 11, p. 77.]
[Henry Neville, The Isle of Pines (London, 1668). A strong republican who worked closely with his friend Sidney in Parliament, Neville translated Machiavelli into English and authored republican political tracts.]
[ Patriarcha, ch. 13 (“Of Election of Kings by the Major Part of the People, by Proxy, by Silent Acceptation”), p. 81.]
Gen. 13.
[ Patriarcha, ch. 13, p. 81.]
[Ibid.]
T. Liv. l. 1. [“Without the order of the people.” Livy, History of Rome, bk. 1, ch. 49.]
Nos que valemos tanto come vos, os hazemos nuestro Rey, con tal que nos guardeys nuestros fueros y libertades, y sino, no. Relacion. de Ant. Perez. [ Relaciones de Antonio Pérez (Leon, Spain, 1592). Pérez was Secretary of State under King Philip II of Spain.]
1 Sam. 10.
2 Sam. 2.
2 Sam. 5.
1 King. 12.
C. Tacit. de mor. Germ. [“… by the consent of all. Concerning minor things, they consult the leading men; concerning major things, everyone.” Tacitus, De origine et moribus Germanorum, also known as Germania, ch. 11, in Tacitus, Agricola, Germania, Dialogus (Loeb, 1970).]
[ Patriarcha, ch. 13, p. 82.]
1 Sam. 10.
[ Patriarcha, ch. 13, p. 81 .]
[Ibid., p. 82.]
Leonis Afr. hist. Africae. [Johannes Leo, the African, A Geographical History of Africa (orig. in Arabic; trans. London: G. Bishop, 1600).]
Mat. Paris. [“By the consent of all.” Found in reference to Offa in Roger of Wendover, Flowers of History, 2 vols. (written early 1400s; the 1849 trans. repr. New York: AMS Press, 1968), vol. 1, p. 382. Sidney found this passage in his edition of Matthew Paris, who had copied it directly from Roger of Wendover’s Flowers . (See note 22 below.)]
[“By the archbishops, bishops, abbots, elders, dukes, and people of the land.” Sir Henry Spelman, Concilia, decreta, leges, constitutiones, in re ecclesiarum orbis Britannici (London: Warren, 1664), p. 300, from the Council of Calchuth of 787.]
Guil. Malms. Polid. [“By the consent of all he was made king.” William of Malmesbury, Chronicle of the Kings of England (written early 1100s; the 1847 trans. repr. New York: AMS Press, 1968), p. 95. Polydorus Vergilius, English History (Basil, 1534; the 1846 trans. repr. New York: AMS Press, 1968), bk. 5, p. 189. See p. 376, n. 16.]
Polid. Huntingd. [“Under compulsion of necessity he was made king, and popular consent demanded that he assume the kingship.” The first part of this quotation is from Henry of Huntingdon, Chronicle (written mid-1100s; the 1853 trans. repr. New York: AMS Press, 1968), p. 151. The second part of the quotation was not located. “Polid.” is quoted in the next sentence.]
[“Was chosen by overwhelming agreement of the nobles, and hailed (as king) by the people.” William of Malmesbury, Chronicle, bk. 2, ch. 6, p. 128; Polydorus Vergilius, English History, bk. 6, p. 231.]
Mat. West. [“By the agreement of all, without exception, Edwin having been removed, they elected Edgar as king at the command of God, and, with the consent of the people. …” The passage goes on to tell how the realm was divided among Edgar’s brothers. “Edgar was elected by all the English people.” Roger of Wendover, Flowers of History, in Sidney’s day ascribed to “Matthew Westminster,” vol. 1 (the years 957 and 959).]
Hoveden. Florent. [“They swore an oath that they desired to choose him their king: he also struck an agreement with the leaders and the whole people; and they struck one with him.” Roger de Hoveden, Annals, 2 vols. (written late 1100s; the 1853 trans. repr. New York: AMS Press, 1968), vol. 1, p. 103. Florence of Worcester, Chronicle (written c. 1100; the 1854 trans. repr. New York: AMS Press, 1968), pp. 132–133.]
Abbas Croyl. Huntingd. [“By the consent of all Canute was crowned (king) over all England.” Abbot Ingulf, Chronicle of the Abbey of Croyland (1854; repr. New York: AMS Press, 1968), p. 116.]
[“Hardicanute was gladly accepted by all and was elected.” Roger de Hoveden, Annals, vol. 1, p. 109.]
[“Was chosen king by all the people.” Henry of Huntingdon, Chronicle, p. 202.]
[“The choice of Edward was agreed to by all.” Ingulf, Chronicle, p. 125.]
[“In great exultation he was accepted by the clergy and people, and was acclaimed king by all.” Roger of Wendover, Flowers of History, vol. 1, p. 333. Several of the old Anglo-Saxon chroniclers cited by Sidney in this section were available to him in a collection published by Henry Savile, Rerum Anglicarum scriptores post Bedam (London, 1596).]
[ Patriarcha, ch. 13, p. 82.]
[Ibid.]
[“Elect” and “institute.” Filmer makes this distinction in Patriarcha, ch. 14 (“No Example in Scripture of the People’s Choosing Their King. Mr. Hooker’s Judgment Therein”), p. 83.]
Deut. 17.
[Deuteronomy 17:17, 20.]
[ Patriarcha, ch. 14, p. 83.]
Hooker, Eccl. Pol. l. 1. c. 10. [Richard Hooker, Of the Laws of Ecclesiastical Polity, 3 vols. (1593–) (Cambridge: Harvard University Press, 1977), bk. 1, ch. 10.]
[ Patriarcha, ch. 14, p. 83. These words are in fact Hooker’s. Sidney was deceived by the 1680 edition of Filmer, which neglected to put this part of the Hooker quotation in italics. Sidney’s 1772 editor comments that Sidney probably would not have objected to the quotation if he had known that Hooker says immediately afterward “that kings, even inheritors, do hold their right to the power of dominion with dependency upon the whole body politic over which they rule as kings.”]
[Hooker, bk. 1, ch. 10; bk. 8, ch. 3.]
[Annually elected Spartan magistrates.]
Grot. de Jur. bel. et pac. l. 1. c. 1 . [“The supreme power in the supreme manner” … “not in the supreme manner.” Grotius, De jure, bk. 1, ch. 3, sec. 14.]
[The most unlimited power.]
[“When the king holds part of the supreme power, and the senate or the people holds part.” Agatharchides, Greek historian and geographer of the second century B.C., is quoted by Grotius in bk. 1, ch. 3, sec. 16 end.]
T. Liv. l. 28. [Livy, History of Rome, bk. 28, ch. 21.]
Saavedra corona Gothica. [Diego de Saavedra y Fajardo, Corona gothica, castellana, y austriaca, 1677.]
Marian. Hist. Hispan. [Juan de Mariana, Historia General de España (Toledo: P. Rodriguez, 1601), bk. 11, ch. 1, and bk. 13, ch. 7.]
[The welfare (or: safety) of the people is the supreme law.]
[ Patriarcha, ch. 14, p. 83.]
[Ibid.]
[2 Samuel 4.]
[“Unequal treaty.” Grotius, De jure, bk. 1, ch. 3, sec. 21.]
[ Patriarcha, ch. 14, pp. 83–84.]
2 Chron. [2 Chronicles 23:2–3, 11–15.]
2 Chron. [2 Chronicles 33:25.]
Lamb. leg. Saxon. [“Woe to the kingdom whose king is a child.” William Lambarde, Archaionomia, sive, De priscis Anglorum legibus (compiled late 14th century; Cambridge: Roger Daniel, 1644) contained the Anglo-Saxon laws from Ine to Canute.]
[Ecclesiastes 4:13.]
[ Patriarcha, ch. 15 (“God Governed Always by Monarchy. Bellarmine’s and Aristotle’s Judgment of Monarchy”), p. 84.]
[Claudius Salmasius, a French classical scholar, argued in his Royal Defense of Charles I (1649) that since bees are organized monarchically, so also should men be. John Milton, the republican poet, discussed the bees in his widely read Defense of the People of England Against Salmasius (1651).]
[The first quotation is from Genesis 6:5; the second, Psalms 116:11 and 14:3; the third, Matthew 15:19.]
[ Patriarcha, ch. 15, p. 84.]
Jos. Ant. Jud. [Josephus, Jewish Antiquities, 6 vols. (Loeb, 1930–1965), bk. 6, ch. 5, sec. 4–6.]
Abar. in 1 Sam. 8. [Isaac Abravanel, Commentary on the Prior Prophets (late 1400s), on 1 Samuel 8.]
Maim. More-Nevochim. [Moses Maimonides, More-Nevochim translated as The Guide of the Perplexed. ]
Judg. 10.
[Judges 1:12; 3:9–10; 36:12–26; 15:20.]
[Judges 8:22–23.]
1 Sam. 8.
Hos. 13.
Hos. 8.
Numb. 11 .
Josh. 22.
Jos. 24.
Judg. 1.
[Judges 20:1–2.]
1 Sam. 8.
[2 Samuel 21:7; 1 Kings 12:1–20.]
[Josephus, Against Apion, bk. 2 sec. 165, in The Life, Against Apion (Loeb, 1926).]
[“He took away the government of the nobles.” Josephus, Jewish Antiquities , bk. 6, ch. 5, sec 4–6.]
Judg. 18.
[ Patriarcha, ch. 15, p. 84.]
[Judges 20:2, 8, 11.]
Judg. 21.
[ Patriarcha, ch. 15, p. 85.]
1 Sam. 8.
Ver. 19.
[ Patriarcha, ch. 15, p. 85.]
[1 Samuel 15:31.]
[Aristotle, Nicomachean Ethics, bk. 8, 1160b; Politics, bk. 3, 1288b.]
Arist. Polit. l. 3. c. 12. [“He who commands the law to rule seems to command God and the laws to rule; he, however, who commands man to rule adds also the beast: for desire is such, and it drives astray even the best men who are in power; therefore the law is mind and appetite.” Aristotle, Politics , bk. 3, 1287a. Sidney or the typesetter slipped; the last words should read “mind without appetite.” The same text is given correctly at sec. 30, n. 4 below.]
[Psalms 49:12.]
De Civ. Dei. [Augustine, City of God, 7 vols. (Loeb, 1957), bk. 5, ch. 19.]
Si puo far questa conclusione, che dove la materia non e corrotta, i tumulti ed altri scandali non nuocono; là dove la e corrotta le buone leggi non giovano. Machiav. Disc. sopra T. Livio, lib. 1. [Niccolo Machiavelli, Discourses on Livy, bk. 1, ch. 17.]
[Filmer discusses succession as an inherited right in Patriarcha, ch. 5–6, pp. 60–63.]
[Genesis 10:8–12.]
[Daniel 1–5.]
[Exodus 1–11.]
Dan. 6.
[Esther 3–10.]
[The reign of Saul is described in 1 Samuel 8–31.]
[2 Samuel 11, 12.]
[1 Kings 11.]
[1 Kings 12.]
Plut. in Vit. Alex. [Plutarch, Life of Alexander .]
[These royal favorites held great sway over their respective monarchs in France.]
[ Patriarcha, ch. 15, pp. 85–86.]
Plut. vit. Artax. [Plutarch, Life of Artaxerxes. ]
Plut. in vit. Q. Flamin. [Plutarch, Life of Quintus Flaminius , ch. 17.]
Plut. in vit. Lucul. [Plutarch, Life of Lucullus, ch. 28.]
[Charles I was executed in early 1649, from which time Parliament governed England unchallenged until 1653.]
[ Patriarcha, ch. 16 (“Imperfections of Democracies. Rome Began Her Empire under Kings and Perfected It under Emperors. The People of Rome in Danger Oft Fled to Monarchy”), p. 87.]
C. Tacit. Hist. l. 1. [“Italy was afflicted with new disasters or ones that recurred after a long series of ages; the city was devastated by conflagrations, in which her most ancient shrines were consumed and the very Capitol fired by citizens’ hands; the rites were polluted, there were great adulteries; the sea was filled with exiles, the cliffs stained with their blood; in the city there was more awful savagery; nobility, wealth, the refusal or acceptance of office, were grounds for accusations, and virtues ensured ruin.” Tacitus, Histories, bk. 1, ch. 2.]
[“When liberty was dying.”]
C. Tacit. [“The degraded common people frequented the circus and theaters.” Tacitus, Histories, bk. 1, ch. 4.]
Juven. Sat. [“Anxiously the people desire only two things, bread and circuses.” Juvenal, Satire 10, li. 80.]
C. Tacit. An. l. 3. [“How weak is Italy, how unwarlike the common people of the city; there is no strength in the armies except the foreign element.” Tacitus, Annals, bk. 3, ch. 4.]
Annal. l. 4. [“My labor is restricted and inglorious.” Ibid., bk. 4, ch. 32.]
[“Savage commands, endless accusations, false friendships, destruction of the innocent.” Ibid., ch. 33.]
[The senate advises, the people command.]
[ Patriarcha, ch. 18, p. 89.]
[Without appeal.]
T. Liv. l. 8. [“I will call upon the tribunes of the people, and I will appeal to the people and bring them as judge to you who avoid the judgment of your army and the senate; the people, who alone are more capable and powerful than your dictatorship: I will see whether you intend to yield to the appeal to which Tullus Hostilius yielded.” Livy, History of Rome, bk. 8, ch. 33.]
T. Liv. l. 1. [Ibid., bk. 1, ch. 26.]
T. Liv. l. 22. [“But if the Roman plebs had their ancient spirit, they would boldly assert themselves concerning the removal of Quintus Fabius’ power; now they intend to publish a modest request concerning the equalization of the right of the master of the cavalry and the dictator.” Ibid., bk. 22, ch. 25.]
Lucan. l. 1. [“To those who are highest it is denied that they stand long.” Lucan, Pharsalia, bk. 1, li. 70.]
[Social War.]
[Presented with citizenship.]
[“That they had heard the voice of a man, indeed a free man, and that such are worthy to become Romans.” Livy, History of Rome, bk. 8, ch. 21.]
[“The Roman people prefer to hold those peoples conquered in war in joint alliance and friendship, rather than subdued in sad slavery.” Ibid., bk. 26, ch. 49.]
[Reduced to a province.]
[ Patriarcha, ch. 16, p. 87.]
T. Liv. l. 2. [“By the command of the people.” Livy, History of Rome, bk. 1, ch. 48–49.]
[Suetonius, Life of Caligula, ch. 19, 46. “The other fool” was also Caligula.]
[He who never rested, rests: be silent.]
C. Tacit. [“They call the most wretched servitude peace”; “They make a wasteland and call it peace.” Tacitus, Histories, bk. 4, ch. 17; Life of Agricola, ch. 20.]
Barth. de las Casas, destruyc. de las Indias. [Bartolomé de Las Casas, Brevísima Relación de la Destrucción de las Indias, translated as Tears of the Indians (Williamstown, Mass.: Lilburne, 1970), p. 9.]
C. Tacit. l. 1. [“Never by more terrible disasters to the Roman people and by more just indictments has it been proved that the concern of the gods is vengeance, not our security.” Tacitus, Histories, bk. 1, ch. 3.]
[“The foul reproach of slavery.” Ibid., bk. 1, ch. 1.]
[ Patriarcha, ch. 16, p. 87.]
[“Rome ruins herself by her own strength.” Patriarcha, p. 87, quoting Horace, Epodes, 16, li. 2.]
[See Chapter III, Section 39, n. 1, below.]
[“Luxury, more savage than arms, has oppressed (Rome), and avenges a conquered world.” Actually in Juvenal, Satires, 6, li. 292.]
Sallust. bel. Catilin. [“Luxury too heavy for a prince, poverty hardly to be endured by a private man.” This is actually Tacitus’s description of what motivated Otho in a similar situation. Tacitus, Histories, bk. 1, ch. 21. “I will extinguish my fire (of passion) with destruction.” Sallust, Catilinarian War (rev. ed.; Loeb, 1931), ch. 31.]
[That is, 1660, the year of the restoration of the English monarchy with Charles II.]
[ Incolae are inhabitants; cives are citizens.]
[Mayors of the palace.]
[ Patriarcha, ch. 17 (“Democracies Not Invented to Bridle Tyrants, but Came In by Stealth”), p. 88.]
Jura omnium in se traxit. Suet. [Actually in Tacitus, Annals, bk. 1, ch. 2.]
[The silver-shield corps of Alexander.]
[The League of the Public Weal was founded in the mid-15th century by the French nobility to oppose Louis XI.]
[ Patriarcha, ch. 18 (“Democracies Vilified by Their Own Historians”), pp. 88–89.]
[Xenophon’s Hiero portrays an imaginary conversation, between the poet Simonides (not Plato) and Hiero, tyrant of Syracuse in Sicily, that denounces tyranny. Trans. in Leo Strauss, On Tyranny (rev. ed.; Ithaca: Cornell University Press, 1968).]
[Satraps were Persian governors or overseers of parts of the Persian empire.]
[Xenophon describes these events in his Anabasis (Loeb, 1922).]
[ Patriarcha, ch. 15, p. 85.]
[The Dorians and Ionians were two distinct ethnic stems of Greeks. Sparta was Doric, Athens Ionic.]
Plut. in vita Themist. [Plutarch, Life of Themistocles .]
T. Liv. [Livy, History of Rome, bk. 4, ch. 31 (Mamercus); bk. 7, ch. l (Camillus); bk. 27, ch. 34 and bk. 29, ch. 37 (Salinator); bk. 38, ch. 31 (Aemilius Paulus).]
Ipsam exscindere virtutem. Tacit. [Tacitus, Annals, bk. 26, ch. 21.]
Salust. Bell. Catilin. [Sallust, Catilinarian War, ch. 51.]
[Law of treason.]
T. Liv. l. 1. [“(The lictor) shall veil his head, shall hang him with rope from a barren tree; he shall whip (him) either inside the sacred wall or outside the sacred wall.” Livy, History of Rome, bk. 1, ch. 26.]
[“More from admiration of his courage than the law of the case.” Ibid.]
[“Killed lawfully.” These examples are all taken from Livy.]
[“In the custom of our ancestors.” The defendant was in fact Antistius the praetor during the reign of Nero. Tacitus, Annals, bk. 14, ch. 48.]
[“No people was ever satisfied with milder punishments.” Livy, History of Rome, bk. 1, ch. 28.]
[Guardians of the laws.]
[“If you should command me to bury my sword in the chest of a brother or the throat of a parent, or in the body of my wife heavy with child, I would perform it all, even if my right hand be unwilling.” Lucan, Pharsalia, bk. 1, li. 376.]
[“(Caesar) wants all savage things to be asked of him; he wants war to be loved.” Ibid., bk. 5, li. 307.]
Senec. Thyest. [“Sanctity, piety, faith are private goods; let kings go where they please.” Seneca, Thyestes, li. 218.]
[For whom there is no hope from an honest man.]
[ Patriarcha, ch. 15, p. 84; ch. 18, p. 89.]
[To have laid aside the man.]
T. Liv. l. 2. [“The companions of the young Tarquins, accustomed to live in regal fashion, sought that same license at the time when the rights of all were equal. They complained that the liberty of others had turned into their own servitude. A king, they said, was a man from whom you could request where a right, where a wrong, might be needed. There was a place for favors, for benefits: and he was able to grow angry and forgive. But laws are a deaf and severe thing, more wholesome to those in want than the powerful. They hold no respite or pardon if you are excessive in any way: it is dangerous to live among so many human errors relying on innocence alone.” Livy, History of Rome, bk. 2, ch. 3.]
[Laurence Hyde, Earl of Rochester; Sir Thomas Clifford; Henry Bennet, Earl of Arlington; and Sir Thomas Osborne, Earl of Danby, leading ministers under Charles II, were believed by many to be promoting absolute monarchy. Charles Berkeley, reputed dissolute by his contemporaries, was made Earl of Falmouth by his personal friend the king.]
[Barbara Villiers, Duchess of Cleveland, and Louise Renée de Kéroualle, Duchess of Portsmouth, were influential mistresses of Charles II.]
[William Chiffinch, page to Charles II, was famous for his low character, intrigues, and extravagant self-indulgence. Sir Stephen Fox amassed a fortune as commissioner of the treasury under Charles. Sir Leoline Jenkins had mediocre talent but profited in the king’s service.]
[ Patriarcha, ch. 18, p. 90.]
[Ibid.]
Tacit. An. l. 1. [“Through ignorance of public affairs, which were alien to them.” Tacitus, Histories, bk. 1, ch. 1.]
[Francesco Guicciardini, History of Italy (published 1561/1564; Princeton: Princeton University Press, 1969), bk. 1, p. 75.]
[“The do-nothing kings” refers to the later kings of the Merovingian dynasty, who were replaced by the Mayors of the Palace, beginning with Pepin the Short.]
Amor patriae laudisque immensa cupido. Virg. [“Love of fatherland and great desire of praise.” Virgil, Aeneid, bk. 6, li. 823.]
[ Patriarcha, ch. 18, p. 90.]
Thucyd. de bel. Pelopon. [Thucydides, Peloponnesian War, 4 vols. (Loeb, 1919–1923), bk. 5, ch. 15.]
[ Patriarcha, ch. 18, p. 90.]
Ragion. 99. [Trajano Boccalini, I ragguagli di Parnasso, or Advertisements from Parnassus (1612–13; trans. London: Dring, Starkey, and Basset, 1669); a strongly anti-Catholic, anti-monarchical satire on 17th-century politics, art, and literature.]
[“Accordingly, let them cultivate warfare.” Livy, History of Rome, bk. 1, ch. 16.]
[ Patriarcha, ch. 18, p. 90.]
[With equal right.]
[“The army of Charles, bravest leader of the Burgundians, slaughtered by the Swiss while besieging Morat, has left this monument of itself.” Philippe de Comines describes the battle in Memoirs (London: Bohn, 1855), bk. 5, ch. 3, pp. 313–316.]
[Jacques-Auguste de Thou, Historiae sui temporis, 1543–1607, or History of His Time, (published 1604–1620 in 138 books; Arles: de la Rouiere, 1626–1630).]
—Ibi fas ubi maxima merces. Lucan. [“Where the greatest reward is, there is the right.” Lucan, Pharsalia, bk. 10, li. 408.]
[ Patriarcha, ch. 18, p. 89.]
[Guicciardini, History of Italy, bk. 1, p. 75.]
[“A nation born for waging and preparing for wars.” Livy, History of Rome, bk. 24, ch. 42.]
[“They thought there was no life without arms.” Ibid., bk. 34, ch. 17.]
[But as the character of (princely) courts is slight.]
[“And to catch the breath of freedom from where they had feared servitude.” Livy, History of Rome, bk. 3, ch. 37.]
[Sidney seems to refer to Eteocles and Polynices, the sons of Oedipus who killed each other over the rule of Thebes.]
[2 Kings 9, 11.]
[Enemy and pirate.]
De Civ. l. 2. [Hobbes, On the Citizen, ch. 7, sec. 3.]
[Tyrants without title.]
[“Since he does not so far have command.” Grotius, De jure, bk. 1, ch. 4, sec. 13.]
[“Highest command is conferred on him.” De Thou, History of His Time. ]
[“The supreme power in the supreme manner” … “not in the supreme manner.” Grotius, De jure, bk. 1, ch. 3, sec. 14.]
Grot. de jur. bel. et pac. l. 2. [“When the king holds part of the supreme power, and the senate or the people holds part” … “just force can be used against a king who encroaches upon the part which is not his own” … “since when power is given the right of protecting that power is given.” Ibid., bk. 1, ch. 4, sec. 13.]
Thuan. l. 137. [De Thou, History of His Time, bk. 137.]
[Because the end (of his office) is frustrated.]
[Greater than the individual (citizens) … less than the whole people.]
[ Patriarcha, ch. 20, p. 94.]
Utinam fecissem. Tacit. [“Would that I had done it.” This reply is actually in Josephus, Jewish Antiquities, bk. 19, ch. 1, sec. 20.]
Judg. 9.
[“Nothing was less popular than a kingdom” … “he had stained otherwise outstanding virtues with the vile desire for a kingdom.” Livy, History of Rome, bk. 6, ch. 19–20.]
[Plutarch, Life of Alexander, ch. 48–55.]
Mar. 19.21.
C. Tacit. Hist. l. 1. [“Two soldiers undertook to transfer the empire of the Roman people, and they transferred it.” Tacitus, Histories, bk. 1, ch. 25.]
[Plutarch, Life of Pyrrhus, ch. 9.]
[Garcilaso de la Vega, El Inca, Royal Commentaries of the Incas, 2 vols. (written c. 1600; Austin: University of Texas Press, 1966), vol. 1, part 1, bk. 1.]
[“The strength which we have achieved must be used: he who refuses to give justice to the one who holds arms grants him everything.” Lucan, Pharsalia, bk. 1, li. 348.]
[“The dead man seizes the living.” A legal expression meaning that the inheritor has possession of all the goods and rights due to him immediately upon the death of the original possessor.]
[Wat Tyler and Jack Straw led a minor revolt of the peasants of Kent and Essex against Richard II in 1381. Tyler was killed. Perkin Warbeck, son of a Flemish merchant, claimed to be a son of Edward IV. Taking advantage of Henry VII’s weak claim, he made several attempts as “Richard IV” to seize the throne. He was eventually captured and executed.]
[Tarquin’s son asked for advice through a messenger. Without speaking Tarquin went to his garden and knocked off the heads of the tallest poppies with his stick. Livy, History of Rome, bk. 1, ch. 54; Periander’s advice was similar: Herodotus, Histories, bk. 5, ch. 92.]
[The Plantagenets ruled England from Henry II in 1154 to Richard III in 1485, when the throne was given to Henry VII, son of the Welshman Owen Tudor. Henry did have some Plantagenet blood on his mother’s side.]
Hist. de France en la Vie de Chilperic 1. [Fredegarius, Historiae Francorum (Basil, 1558).]
Mezeray and de Serres. [François Eudes de Mézeray, Abregé chronologique de l’histoire de France (1643–1651), trans. A General Chronological History of France (London: Bassett et al., 1683); Jean de Serres, General History of France, to 1598 (1611).]
C. Tacit. [“To plot the destruction of the leading men among whores and in cheap taverns.” Tacitus, Annals, bk. 6, ch. 4.]
[Charlemagne.]
Buchan. de reb. Scot. Drummond. Melvil. [George Buchanan, Rerum Scoticarum historia (1582), trans. The History of Scotland (London: E. Jones, 1690); William Drummond, The History of Scotland from the Year 1423 until the Year 1542 (London: Henry Hills, 1655); The Memoires of Sir James Melville of Hal-Hill (London: Robert Boulter, 1683).]
[Philippe de Comines, Memoirs, bk. 1, ch. 7.]
[The Wars of the Roses (1455–1485) between the houses of Lancaster and York over the English throne ended in the establishment of the Tudor dynasty with Henry VII.]
T. Liv. 1. 3. [Livy, History of Rome, bk. 3, ch. 58.]
[Battles of the Wars of the Roses; those in the next sentence were battles of the Roman civil wars.]
[ Patriarcha, ch. 18, p. 89.]
[“The good, wary, best emperor is sold.” Pomponius Laetus, Romanae historiae compendium (Venice, 1500), ch. 17.]
[Plutarch, Life of Themistocles, ch. 18, sec. 4.]
[Diogenes Laertius, Lives of Eminent Philosophers (Loeb, 1925), bk. 2, ch. 8.]
[“No charge and crime of lust was absent from the time when Roman poverty perished.” Juvenal, Satire 6, li. 294.]
Nunc uberiore rapina/Peccat in orbe manus. Claud. [“Now by more fruitful pillaging his hand sins in the world.” Claudian, Against Eutropius, bk. 1, li. 191.]
[I will return when I turn into a pimp, a whore, a dandy, a sodomite.]
[The names with letters missing are Hyde, Arlington, Danby, Sunderland. For Hyde, Arlington, and Danby, see Section 20, n. 4. Robert Spencer, Earl of Sunderland, was a talented, opportunistic English politician, prominent under Charles II during the early 1680s. He worked closely with the Duchess of Portsmouth, Charles’s mistress in these years.]
[ Patriarcha, ch. 19 (“Popular Governments More Bloody than Tyranny”), p. 90, quoting Job 2:4.]
[ Patriarcha, ch. 19, pp. 90–92.]
[“To prohibit from being born is to kill.” Tertullian, Against Marcion, bk. 1 (at the end), in The Ante-Nicene Fathers, ed. Alexander Roberts and James Donaldson, vol. 3 (New York: Scribner’s, 1926).]
Guicciard. [Guicciardini, History of Florence, ch. 12; History of Italy, bk. 1, pp. 64–65.]
[Machiavelli, History of Florence (New York: Harper and Row, 1960), bk. 2.]
[ Patriarcha, ch. 19, p. 91.]
[“The author and destroyer of his own laws.” Tacitus, Annals, bk. 3, ch. 28.]
[ Patriarcha, ch. 19, p. 92.]
Cuncta ferit dum cuncta timet. Lucan. [“He strikes down everything while he fears everything.” Claudian, Against Eutropius, bk. 1, li. 182.]
Tacit. in vit. Agric. [“A prince hostile to virtues.” Tacitus, Life of Agricola, ch. 41.]
Cum jam semianimem laceraret Flavius orbem/Tertius, calvo serviret Roma tyranno. Juvenal. [“When the third Flavian was torturing the already half-dead world, and Rome served a bald tyrant.” Juvenal, Satire 4, li. 36.]
Plut. vit. Pyrrh. [Plutarch, Life of Pyrrhus, ch. 26.]
Math. Westm. [Roger of Wendover, Flowers of History (formerly attributed to “Matthew Westminster”), vol. 1, p. 5 (the year 449).]
[The future James II, a professed Catholic, who became king shortly after Sidney’s execution.]
[“On account of their great savagery” and “when the king hastens to the ruin of his people.” Hugo Grotius, De jure, bk. 1, ch. 4, sec. 11 .]
[James I, author of several works on kingship referred to elsewhere by Sidney.]
[ Patriarcha, ch. 19, p. 92.]
C. Tacit. Hist. l. 1. Ann. l. 4. [Tacitus, Histories, bk. 1, ch. 3; Annals, bk. 16, ch. 21.]
[Plutarch, Precepts of Statecraft, ch. 54, in Plutarch, Moralia, vol. 10 (Loeb, 1936).]
[ Patriarcha, ch. 19, p. 92.]
[ Patriarcha, ch. 19, p. 92.]
Tacit. Annal. l. 1. [“Through ignorance of public affairs, which were alien to them.” Tacitus, Annals, bk. 1, ch. 1, and Histories, bk. 1, ch. 1.]
[Knowers of the times.]
[Tiberius.]
[“None of whom the senate would have rejected as a leader at any period (of Roman history).” Livy, History of Rome, bk. 2, ch. 49]
Paol. Paruta. hist. Venet. Guicciard. [Paolo Poruta, Istoria Veneziana, (1605); Guicciardini, History of Italy, bk. 8.]
Je croy qu’enfin nous serons assez fous pour prendre la Rochelle. Mem. de Bassompierre. [François de Bassompierre, Memoires du Mareschal de Bassompierre (Cologne: Pierre du Marteau, 1666).]
[The battle of Seneffe was fought in 1674 in the war between France and the Netherlands. Seneffe is a Belgian village near Brussels.]
[Alexander Leslie, Earl of Leven.]
[Parliament was ruling without a king when Martin Tromp, admiral of the Dutch navy, was defeated in 1652 by the English admiral Robert Blake.]
[Patriarcha, ch. 18, p. 90.]
[The Thirty Years War.]
[ Patriarcha, ch. 19, p. 92.]
[Folly of nations.]
Tacit. An. l. 11. 12. [Tacitus, Annals, bk. 12, ch. 44–48.]
[ Patriarcha, ch. 19, p. 92.]
Discors. sopra T. Liv. l. 1. c. 10. [Machiavelli, Discourses on Livy, bk. 1, ch. 10.]
[“Base insanity of Gaius.” Josephus, Jewish Antiquities, bk. 19, ch. 5, sec. 2.]
[“More savage from fear than from madness.”]
[“Make savagery a cover for cowardice.” Tacitus, Annals, bk. 12, ch. 10.]
[ Patriarcha, ch. 20 (“Of a Mixed Government of King and People: The People May Not Correct their King”), p. 93.]
[“The king must be absolute, or he is no king at all.”]
Deut. 17.
Plat. de Leg. Arist. Polit. [Plato, Laws, bk. 9, 875a. The quotation, “law is mind without passion and is, as it were, God,” is from Aristotle, Politics, bk. 3, 1287a.]
[Kingdoms of barbarians.]
Che i tiranni furono certi huomini del tempo antico de i quali hoggidi si e perduta la razza. Boccal. Rag. de Parn. [Boccalini, Advertisements from Parnassus, cent. 1, rag. 76.]
Deut. 17.
Jos. Ant. Jud. [Josephus, Jewish Antiquities, bk. 4, ch. 8.]
Jer. 38.
[Aristotle, Politics, bk. 3, 1286b.]
1 Sam. 29.
More Nevochim. [“Kings of the line of David judged and were judged.” More Nevochim (Guide of the Perplexed) , appears incorrect; the reference is to The Code of Maimonides (Mishneh Torah), Book 14: The Book of Judges (New Haven: Yale University Press, 1949), Treatise One: Sanhedrin, ch. 2, p. 8.]
Ibid. [“The proud, exalted in heart, and despisers of the law, did not judge nor were they judged.”]
Tacit. de morib. Germ. [Tacitus, Germania, ch. 11.]
[Plutarch, Life of Lycurgus, ch. 7.]
Ab hominibus infimae sortis in omnia simul vitia est praeceps datus: tempora etiam corrupta vicinorum regum exempla non parum ad eum evertendum juverunt: nam Edvardus in Anglia, Carolus in Burgundia, Ludovicus undecimus in Gallia, Joannes secundus in Lusitania, tyrannidis fundamenta jecerunt: Richardus tertius in Anglia eam immanissime exercuit. Hist. Scot. l. 12. [Buchanan, History of Scotland, bk. 12.]
Davoir mis les roys hors de page. [Mézeray, Life of Louis XI, in General Chronological History of France, p. 481.]
Hist. delle guerre Civ. [Enrico Caterino Davila, Historia delle guerre civili de Francia (1630). Translated as The History of the Civil Wars of France (London, 1647).]
Thuan. Hist. l. 1. [de Thou, History of His Time, bk. 27 (the year 1560).]
Hottom. Franco-Gallia. [François Hotman, Francogallia (Geneva, 1573), ch. 6. Trans. as Franco-Gallia: Or, an Account of the Ancient Free State of France, and Most Other Parts of Europe, before the Loss of their Liberties (London, 1711).]
[The Hundred Years War, 1338–1453.]
[Henry IV was forced to renounce Calvinism before ascending the throne of Catholic France in 1589.]
Que les roys ont cette bienheureuse impuissance de ne pouvoir rien faire contre les loix de leur pays. Traité des droits de la Reyne. [Antoin Bilain(?), Traitté des droits de la reyne très chrestienne sur divers estats de la monarchie d’Espagne (Paris, 1667). Trans. as A Dialogue Concerning the Rights of Her Most Christian Majesty (London: Thomas Newcomb, 1667).]
Hotom. Fran. Gall. [Hotman, Francogallia .]
Suarum legum lator et eversor. Tacit. [“The author and destroyer of his own laws.” Tacitus, Annals, bk. 3, ch. 28.]
De jur. bel. et pac. l. 2. [Grotius, De jure, bk. 1, ch. 4, sec. 13.]
Ibid.
Vit. Timoleon. [Plutarch, Life of Timoleon. ]
[ Patriarcha, ch. 20, p. 93.]
[See Chapter II, Section 5, n. 6 for this quotation from Relaciones de Antonio Pérez. ]
[Josephus, Jewish Antiquities, bk. 6, ch. 5, sec. 4.]
[ Patriarcha, ch. 20, p. 93.]
Hist. de Espan. de Mariana. [Mariana, General History of Spain. ]
Plut. in Vit. Cim. [Plutarch, Life of Cimon, ch. 8.]
[ Patriarcha, ch. 20, pp. 93–94.]
[ Patriarcha, ch. 18, p. 90.]
Ne quid detrimenti respubl. accipiat. [Livy, History of Rome, bk. 3, ch. 4.]
Plut. Vit. Camil. [Plutarch, Life of Camillus, ch. 34.]
Qui solus plus quam tua dictatura potest polletque cui et reges cessere, etc. T. Liv. l. 8. [“(The people,) who alone are more capable and powerful than your dictatorship; to them even kings yield, etc.” See Section 13, note 5 above.]
[Deuteronomy 17:17, 20.]
[This statement was inserted by the editor of the first edition of the Discourses. The rest of this chapter was probably the part of the Discourses seized by the government for evidence against Sidney at his trial. The passage printed here was read by the prosecution at Sidney’s trial and is taken from The Arraignment, Tryal, Condemnation of Algernon Sidney (London: Benj. Tooke, 1684), pp. 23–26. Judging from the many errors, it appears to be a verbal transcript taken down at the trial. There are probably quite a few pages missing after this passage, since Sidney’s commentary on Patriarcha, ch. 21 (“No Tyrants in England since the Conquest”), pp. 94–95, is entirely lacking. The corrections in brackets are by the present editor, with the help of the 1763 edition of Sidney’s Discourses, which contains a corrected printing of the trial.]
[Sidney discusses Filmer’s claim that it is absurd for the people to judge whether kings violate their contracts with the people, since that would make the people judges in their own case. Patriarcha, ch. 20, pp. 93–94.]
[Greater than the individual (citizens). See Section 24, n. 13 above. The original text has the word “and” after this phrase and instead of “obeyed” has “obliged.” Earlier in the sentence, where [he] is inserted, the text has “they.”]
[God, law, and Parliament.]
[“The law makes him king.” Henry Bracton, On the Laws and Customs of England, 4 vols., trans. Samuel E. Thorne (Cambridge: Harvard University Press, 1968), fol. 107, p. 306.]
[The 1684 text reads “magistrates, and affect such a piece of nonsense;”]
[ Patriarcha, p. 94.]
[Actually, Ehud.]
[ Patriarcha , p. 94.]
[Here begins Sidney’s commentary on the third of the three chapters in the 1680 edition of Filmer, ch. 22–32 of the original manuscript (Laslett edition). This chapter begins: “Hitherto I have endeavoured to show the natural institution of regal authority, and to free it from subjection to an arbitrary election of the people. It is necessary also to inquire whether human laws have a superiority over princes, because those that maintain the acquisition of royal jurisdiction from the people do subject the exercise of it to human positive laws.” Patriarcha, ch. 22 (“Regal Authority Not Subject to Human Laws. Kings before Laws. The Kings of Judah and Israel Not Tied to Laws”), pp. 95–96 (emphasis added).]
[ Patriarcha, ch. 23 (“Samuel’s Description of a King. The Power Ascribed to Kings in the New Testament”), p. 97.]
[Welfare of the people … welfare of the kingdom. “Welfare” may also be translated “safety.”]
[The welfare of the king is the supreme law.]
[ Patriarcha, ch. 22, p. 96.]
1 Sam. 10.
[ Patriarcha, ch. 22, p. 96.]
Inter instrumenta servitutis reges habere. Tacit. [Tacitus, Agricola, ch. 14.]
Chi fa injuria non perdona mai.
[1 Samuel 8:18–19.]
[Not a quotation, but a summary of Filmer’s doctrine on p. 62 and elsewhere.]
[An argument (directed) to the man (with whom one is arguing).]
Quia eatenus non habet imperium. De jur. bel. [Grotius, De jure, bk. 1, ch. 4, sec. 13.]
1 Sam. 26.
1 Sam. 24.
2 Sam. 4.
2 Sam. 20. [Solomon actually says this, in 1 Kings 2:32.]
2 Kings. [2 Samuel 15:34; 16:18.]
[ Patriarcha, ch. 22, p. 96. Filmer quotes Raleigh, History of the World, bk. 2, ch. 16.]
2 L. Hist. cap. 19. [Raleigh, History of the World, bk. 2, ch. 19, sec. 6.]
Quia superbi erant corde, impii, spretores legis. Mor. Nevoch. [Not found in Guide of the Perplexed; perhaps a paraphrase of The Code of Maimonides, Book 14: The Book of Judges, Treatise Five: Kings and Wars, ch. 3, p. 213.]
Jerem. 38.
2 Kings 14.
Antiq. Jud. [Josephus, Jewish Antiquities, bk. 4, ch. 8.]
[Grotius, De jure, bk. 1, ch. 3, sec. 20.]
1 Kings 21.
“Ye have chosen kings, but not by me; and princes, but I know them not.” Hos. [Hosea 8:4.]
[ 1 Samuel 8:13.]
[ Patriarcha, ch. 15, pp. 84–85.]
[ Patriarcha, ch. 23, p. 97. This is Filmer’s summary of part of James I’s True Law of Free Monarchy; see The Political Works of James I, ed. Charles H. McIlwain (1918; repr. New York: Russell Russell, 1965), pp. 56ff.]
[1 Kings 1:10–12.]
[ Patriarcha, ch. 23, p. 97.]
[1 Samuel 8:18.]
Ignoratque datos ne quisquam serviat enses. Lucan. [Lucan, Pharsalia, bk. 4, line 579.]
[ Patriarcha, ch. 23, p. 97. Filmer quotes Raleigh, History of the World, in Works, vol. 4, p. 472.]
Volenti non sit injuria.
[1 Kings 21.]
Psal. 51.
1 King. 14. 2 King. 21. 2 King. 20.
[ Patriarcha, ch. 23, p. 97.]
Qui dat esse, dat modum esse. [He who gives being, gives the mode of being.]
Deut. 17.
[Plutarch, Life of Agesilaus, ch. 23.]
Saevior armis / Luxuria incubuit, victumque ulciscitur orbem. / Nullum crimen abest, facinusque libidinis, ex quo / Paupertas Romana perit. Juvenal. [“Luxury more savage than arms settled upon and took vengeance upon a conquered world. No accusation and crime of lust were absent, from the time when Roman poverty perished.” Juvenal, Satire 6, li. 292–295.]
[ Patriarcha, ch. 23, p. 98.]
[Aristotle, Politics, bk. 5, 1311a.]
[Genesis 19:31.]
[ Patriarcha, ch. 23, p. 98.]
[ Patriarcha, ch. 23, p. 99.]
[Genesis 19:32–38; 35:22; Judges 9:1 –6.]
Thou hast killed Uriah with the sword of the children of Ammon: Now therefore the sword shall never depart from thy house, 2 Sam. 12.
Salus populi suprema lex.
[ Patriarcha, ch. 23, p. 99.]
Lex facit ut sit rex. Bracton. [Bracton, On the Laws and Customs of England, fol. 107, p. 306.]
[ Patriarcha, pp. 99–100; but Filmer does not say “all their coin.”]
Leges non annorum numerus, nec conditorum dignitas, sed sola aequitas commendat, atque ideo si iniquae cognoscuntur merito damnantur. Tertul. Ap. [Tertullian, Apology, ch. 4, sec. 10.]
Sed Caesares super Christo credidissent, si aut Caesares non essent saeculo necessarii, aut Christiani potuissent esse Caesares. Ibid. [Ibid., ch. 21, sec. 24.]
Filii pacis, nullius hostes; Christus exarmando Petrum, omnem Christianum militem in aeternum discinxit. Ibid. [Tertullian, Letter to Scapula, ch. 2, and On Idolatry, ch. 19.]
Nobis omnis gloriae dignitatis ardore frigentibus, c. Nec alia res est nobis magis aliena quam publica: unam nobis rempublicam mundum agnoscimus. [Tertullian, Apology, ch. 38, sec. 3.]
Qui enim magis inimici Christianorum, quam de quorum majestate convenimur in crimen. Tertul. ib. [“For who could be greater enemies of Christians than those towards whom we are accused of treason?” Tertullian, Apology, ch. 31.]
[Ecclesiastes 8:2–4.]
[1 Kings 12.]
[Ecclesiastes 4:13.]
[Daniel 4.]
[ Patriarcha, ch. 23, p. 100.]
[In fact, the words quoted are entirely Bracton’s, On the Laws and Customs of England, fol. 5, p. 33. Sidney erred because in the 1680 edition of Patriarcha the Latin words are italicized while the rest of the quotation is not.]
[On his bench of justice.]
Potestas regis est potestas legis, potestas juris non injuriae. Bract. de Leg. Angl. [Bracton, On the Laws and Customs of England, fol. 107, p. 305.]
Qui si facit injuriam, non est rex. Ibid.
Exercere igitur debet rex potestatem juris sicut Dei vicarius minister in terra, quia illa potestas solius Dei est, potestas autem injuriae diaboli est non Dei; cujus horum opera fecerit rex, ejus minister erit: igitur dum facit justitiam, vicarius est regis aeterni: minister autem diaboli dum declinet ad injuriam. Ibid. l. 3. [Fol. 107, p. 305.]
[“Greater than the individual (citizens)” … “less than the whole (people).”]
[“(He who is) greater than all in exacting justice, becomes equal to any of the common people in receiving justice.” Fol. 107, p. 305.]
[“The king himself, however, ought not to be subject to man but to God and to the law, since the law makes him king. Therefore, the king should bestow upon the law what the law bestows upon him, namely rule and power: for where mere will rules and not law, there is no king; and it is readily apparent that he ought to be under the law, since he is the vicar of God.” Fol. 5, p. 33.]
[1 Samuel 22 and 27; 2 Kings 10.]
[ Patriarcha, ch. 23, p. 100.]
[ Patriarcha, pp. 100–101.]
Belli aeque ac pacis jura. De jur. bel. pac. [Grotius, De jure, bk. 5, ch. 27.]
[ Patriarcha, ch. 23, pp. 100–101, commenting on Romans 13:1–4.]
[Ibid., quoting Romans 13:3.]
[Romans 13:3–4.]
Ob virtutes certissimum exitium. [Tacitus, Histories, bk. 1, ch. 2.]
Ipsam excindere virtutem. [Tacitus, Annals, bk. 16, ch. 21.]
Virtutibus infestum. [Tacitus, Life of Agricola, ch. 41.]
[1 Peter 2:3.]
Quia salubrem hominum constitutionem Deus probavit sanxit. De jur. bel. pac. [Grotius, De jure, bk. 1, ch. 4, sec. 7.]
[“Speaking law.” Patriarcha, ch. 23, p. 101.]
[1 Kings 2:28–34.]
[2 Kings 14:19.]
Plut. vit. Lycur. [Plutarch, Life of Lycurgus, ch. 29.]
De Reg. Agesil. [Xenophon, Agesilaus, in Scripta Minora. ]
De morib. Germ. [Tacitus, Germania. ]
Ad libertatis vestrae tuitionem non meis meritis, sed sola liberalitate vestra. [Matthew Paris, Lives of the Two Offas (c. 1250; London, 1640), p. 13.]
Omnium consensu. [In Polydore Vergil, History of England, bk. 5, p. 189, the words apply to Egbert. Ethelwerd was a chronicler, not a king.]
Contra morem statuta. [In Bishop Asser’s Life of King Alfred (c. 900 a.d. ; Oxford, 1904, in Latin) and in Roger of Wendover’s Flowers of History, vol. 1, p. 185, it was not Alfred but his father Ethelwulf who offended custom in this way.]
Successor monarchiae electus. [ The Chronicle of Aethelweard (written late 900s; London: Thomas Nelson, 1962), p. 51.]
Et eligerunt Deo dictante Edgarum in regem annuente populo. [Roger of Wendover, Flowers of History, vol. 1, p. 258.]
[“In the presence of the whole English people.” John Capgrave, Vita et Miracula Dunstani (“Life and Miracles of Dunstan,” 1516), in William Stubbs, ed., Memorials of Saint Dunstan, Archbishop of Canterbury (1874; repr. Wiesbaden: Kraus Reprint, 1965), p. 341 .]
Saevus in principio, miser in medio, turpis in exitu. [William of Malmesbury, Chronicle of the Kings of England, bk. 2, ch. 10, p. 165.]
Canutus foedus cum principibus omni populo, illi cum ipso percusserunt. [Florence of Worcester, Chronicle, p. 133.]
Annuente clero et populo Londini in regem eligitur. [Roger of Wendover, Flowers of History, vol. 1, p. 306.]
Absque generali senatus populi conventu edicto. Matth. Paris. Gul. Gemit. c. [Found in both William of Malmesbury, pp. 271–272, and Roger of Wendover, Flowers of History, vol. 1, p. 328. Gulielmus Gemeticensis, Historiae Normannorum (1619), bk. 7, ch. 37.]
Neminem Anglici regni constituo haeredem, non enim tantum decus haereditario jure possedi. Ibid. [“I appoint no one as heir to the kingdom of England, for I have not held this inestimable pearl by right of inheritance.” Fragmenta apud Anglicarum, Normannicarum, et Hibernicarum rerum scriptores, ed. William Camden, p. 32.]
1 Tim. 2.
Tit. 3.
[1 Peter 2:13–17.]
[Psalm 101.]
[Contrary things have contrary causes.]
Cicero. [“A right sanction, commanding honest deeds, forbidding the contrary.” Perhaps a paraphrase of a line in Second Philippic, sec. 28, in Cicero, Philippics (Loeb, 1926).]
Nisi homini Deus placuerit Deus non erit. [Tertullian, Apology, ch. 5, sec. 1.]
[Ibid., ch. 2, sec. 7.]
[ Patriarcha, ch. 23, pp. 101–102.]
[2 Samuel 15.]
[“Robbery on a grand scale.” Augustine, City of God, bk. 4, ch. 4.]
Tertul. [Tertullian, Apology, ch. 4, sec. 10.]
Qui cogi potest nescit mori. [Seneca, The Madness of Hercules, li. 426.]
More majorum. Sueton. [Suetonius, Life of Nero, ch. 49.]
[2 Kings 14:19.]
[Daniel 4:25–30.]
Tacit. Ann. 2. [“(Piso said) that this feast was given for the son of a Roman princeps, not the son of a Parthian king.” Tacitus, Annals, bk. 2, ch. 57.]
Quod amicus amico praestare potest. [The letter, but not this answer, is in ibid., bk. 3, ch. 16.]
Annal. l. 6. [“He was so aflame with these uncontrolled lusts that he defiled innocent youths, ravishing them as a king might do; and his desire was spurred not only by their features and fine bodies, but also by the boyish modesty of some and the resemblance of others to the busts of his ancestors.” Ibid., bk. 6, ch. 1.]
Ut magnitudinem imperatoriam caede insignium virorum quasi regio facinore ostentaret. An. l. 16. [Ibid., bk. 16, ch. 23.]
[Ibid., bk. 2, ch. 88.]
[ Patriarcha, ch. 24 (“Laws Not First Found Out to Bridle Tyrants but the People. The Benefit of Laws. Kings Keep the Laws, though Not Bound by Them”), p. 102.]
[Living laws.]
Quam grave intolerandum sit cuncta regendi onus. Tacit. [Tacitus, Annals, bk. 1, ch. 11.]
Nec meliorem servum, nec deteriorem dominum. [Ibid., bk. 6, ch. 20.]
Plut. vit. Solon. [Plutarch, Life of Solon. ]
[Plutarch, Life of Lycurgus. ]
Ingenti hominum consensu propositis decem tabulis populum ad concionem convocarunt, quod bonum, faustum faelixque sit republicae, ipsis, liberisque eorum esset, ire legere propositas jussere. T. Liv. l. 3. [“With the consent of the vast majority, when the ten tables had been proposed, they called the people to an assembly; and they ordered them to go and choose whichever of the proposed laws would be good, auspicious, and happy for the republic, themselves, and their children.” Livy, History of Rome, bk. 3, ch. 34.]
[ Patriarcha, ch. 24, p. 102.]
Exod. 18.
[“Being subject to the law.” Bracton, On the Laws and Customs of England, bk. 1, ch. 8, fol. 5.]
[“In his kingdom the king has these superiors, God and the law.” Ibid., bk. 2, ch. 16, fol. 33.]
De laud. leg. Angl. c. 9. [Sir John Fortescue, De laudibus legum Angliae (1545–46; Cambridge: Cambridge University Press, 1942), ch. 9, p. 25.]
[ Magna Charta, sec. 29.]
[Not subject to appeal.]
T. Liv. l. 1. [Livy, History of Rome, bk. 1, ch. 26.]
L. 8. [Ibid., bk. 8, ch. 33.]
[Ibid., bk. 22, ch. 25. Metellus, not Nenius, was tribune when Fabius Maximus was in the same office.]
[ Patriarcha, ch. 24, p. 103.]
[“But in order that it might be good, happy, and auspicious for the Roman people.” Livy, History of Rome, bk. 3, ch. 34.]
Speech in Star-Chamber, 1616.
Hist. Scot. [ History of Scotland. ] De jure Reg. apud Scot. [ De jure regni apud Scotos, dialogus (Edinburgh, 1579; trans. as The Art and Science of Government among the Scots; n.p.: William MacClelan, 1964).]
[ Patriarcha, ch. 24, p. 103, quoting James I, The True Law of Free Monarchies (1598) and one sentence from his Speech to the Lords and Commons (1609), in Political Works of James I, pp. 63, 309. The 1680 edition of Patriarcha did not distinguish this quotation from Filmer’s text.]
Quia si faciat injuriam definit esse rex, degenerat in tyrannum, et sit vicarius diaboli. [Bracton, On the Laws and Customs of England, fol. 107, p. 305.]
Cujus est instituere, ejus est abrogare.
Quicquid mutatur dissolvitur, interit ergo.
Leges terrae consuetudines Angliae.
[Actually 25 Edward III.]
[Mind without passion.]
[ Patriarcha , p. 103, up to “example,” quoted from James I, The True Law (see n. 1 above).]
[ Patriarcha, ch. 24, p. 103.]
[Machiavelli, The Prince, ch. 23.]
[Tiberius believed in Chaldean astrology. Tacitus, Annals, bk. 2, ch. 27.]
Vit. Tamerl. Hist. Thuan. [Jacques-Auguste de Thou, Life of Tamerlane. ]
Unicuique licere tyrannum occidere.
In generis humani exitium natos.
[ Patriarcha, ch. 25 (“Of the Oaths of Kings”), pp. 103–104. Robertson, the 1772 editor, reported that Filmer had transcribed these oaths with tolerable accuracy.]
Lib. de Cive. [Hobbes, On the Citizen, ch. 6, sec. 14; ch. 7, sec. 11; ch. 12, sec. 4.]
[Which the people shall have chosen.]
[Mere bluster.]
Et quod ipsum regem per captionem distringerent gravarent ad praefata exequenda. [Roger of Wendover, Flowers of History, vol. 2, p. 306.]
Et ipsi barones cum communitate totius terrae distringent gravabunt nos modis omnibus quibus poterunt, scilicet per captionem castrorum, terrarum, possessionem, aliis modis quibus potuerint, donec emendatum fuerit secundum arbitrium eorum. [Ibid., p. 305.]
Licet omnibus de regno nostro contra nos insurgere, omnia facere quae gravamen nostrum respiciant, ac si nobis in nullo tenerentur. [ Annals of Waverly (the year 1264), in Thomas Gale, Historiae Anglicanae scriptores quinque or Five Writers of English History (Oxford, 1687).]
[Because of the king’s duplicity.]
[ Patriarcha, ch. 25, p. 104.]
[Joshua 9.]
[2 Samuel 21:1–14.]
[Psalm 15:5. ]
[Judges 8:22–23.]
Addit. Mat. Par. [“You chose me unanimously for the defense of your liberty, not from my own merit, but by your generosity alone.” Matthew Paris, Additamenta to the Historia Major, in Lives of the Two Offas, Kings of Mercia, and of Twenty-three Abbots of St. Albans (including Auctarium Additamentorum ) (London, 1640; corrected text, 1684).]
Bonas approbatas antiquas regni leges, quas sancti pii reges ejus antecessores, maxime Edvardus statuit, inviolabiliter observare. [“(The king swore) strictly to observe the good and approved ancient laws of the realm, which his predecessors, holy and pious kings, especially Edward (the Confessor), had laid down.” Matthew Paris, Life of Frederick, Abbot of St. Albans, sec. 13, p. 48.]
[Sir Henry Spelman, Concilia, decreta, leges, constitutiones in re ecclesiarum orbis Britannici, p. 296.]
Medis levibusque Sabaeis / Imperat hic sexus, reginarumque sub armis / Barbariae pars magna jacet. Lucan. [“This sex rules the Medes and the light-armed Sabeans; and a great part of the barbarians is subjected to the arms of queens.” Claudian, Against Eutropius, bk. 1, li. 322.]
[Charles X (Gustavus). “The present king” was Charles XI.]
[Christian V.]
Saavedra Coron. Goth. [Saavedra, Corona gothica, castellana, y austriaca (the year 633).]
Mar. Hist. l. 6. [Mariana, General History of Spain, bk. 6 (the year 680).]
Saaved. Cor. Goth.
Mariana l. 13.
Marian. l. 12. c. 7.
Marian. l. 24. [The stories of the Spanish monarchy to which this paragraph refers are found in Mariana, bks. 7, 8, and 14. There are several errors of detail here, but they do not affect the argument.]
[“The living seizes the dead.”]
Hist. de Fr. en la Vie de Hugues Capet. [Serres, General History of France (chapter on Hugh Capet).]
Mem. du Duc. de la Rochefocault. [François, Duc de Rochefoucauld, Mémoires sur la régence d’Anne d’Autriche (1662), bk. 1, ch. 2 .]
[The Carolingian dynasty.]
Paul. Aemyl. Hist. Franc. [Aemilius Paulus, De rebus gestis Francorum (1555). There are some errors of detail here which do not affect the argument.]
[John Selden, Titles of Honour (London: W. Stansby, 1614), pp. 177–181.]
[Ibid., p. 112.]
Concil. Tolet. 6. [Sixth Council of Toledo, the year 638, in Giovanni D. Mansi, Sacrorum conciliorum, nova et amplissima collectio (1901, repr. Graz: Akademische Druck- und Verlagsanstalt, 1960), pp. 659–672.]
Concil. Tolet. 4. [Fourth Council of Toledo, the year 633, in Mansi, pp. 612–649.]
Hist. Thuan. [de Thou, History of His Time, vol. 5, bk. 97ff.]
[Louis XIV.]
Apol. Cathol. [Pierre du Belloy, Apologie Catholique contre les Libelles (1585). Filmer does not quote this work directly.]
[Mistress and third wife of John of Gaunt, Duke of Lancaster. John’s eldest son (by his first wife) became Henry IV, first of the Lancastrian kings. In the act legitimizing the children of John and Catherine, Parliament excluded Catherine’s children and their descendants from the crown.]
[One must stand by one’s agreements.]
Phalaris licet imperet ut sis / Falsus, admoto dictet perjuria tauro, / Summum crede nefas animam praeferre pudori. Juvenal [“Though Phalaris commands you to be false, threatening the (torture of the) bull, and demands that you break your oath, you should believe that it is the greatest sacrilege to prefer life to honor.” Juvenal, Satire 8, li. 81–83.]
[“War of all against all.” Hobbes, Leviathan, ch. 13.]
[ Patriarcha, ch. 25, pp. 104–105.]
[1 Corinthians 9:16; Acts 5:29; Matthew 10:28.]
Chap. 14.
[ Patriarcha, ch. 25, p. 105.]
[ Patriarcha, ch. 26 (“Of the King’s Prerogative over Laws”), pp. 105–106.]
Plut. Vit. Themist. [Plutarch, Life of Themistocles, ch. 27, sec. 3.]
Libertatem consulatum L. Brutus instituit. An. l. 1. [Tacitus, Annals, bk. 1, ch. 1.]
[“No liberty was ever more welcome than servitude under a good king.” Claudian, Praise of Stilicho (Loeb, 1922), vol. 1, lines 114–115.]
Sanctio recta, jubens honesta, prohibens contraria. Cicer. [See Section 10, n. 31.]
Omnia mihi in omnes licere. [“I can do all things to all men.” Suetonius, Caligula, ch. 29.]
Deut. 17.
[Ulpian, Ad legem Juliam et Papiam, bk. 13 .]
[See The Institutes of Justinian (London: Longman, Green, 1948), proem, p. 1.]
[ Patriarcha, ch. 26, p. 105.]
[Charles II, Louis XIV, and Charles XI.]
18 Edw. 3. cap. 1. [18 Edward III, statute 4 (1344) ]
Anderson’s Rep. p. 155. [ Law Reports of Sir Edmund Anderson (1605), ch. 201, p. 155.]
[20 Edward III, ch. 1, 4.]
[ Patriarcha, ch. 26, p. 105. Aristotle is quoted on pp. 107 and 108.]
14 Edw. 3.15. [14 Edward III, ch. 15.]
[De Serres, General History of France (chapter on Louis XII).]
[ Patriarcha, ch. 27, p. 108.]
[ Patriarcha, ch. 26, p. 106, citing Politics, bk. 3, 1287a.]
Arist. Pol. l. 2. c. 1. [Aristotle, Politics, bk. 2, 1261a end–1261b beginning.]
Quod ab initio injustum est, nullum potest habere juris effectum. Grot. de jur. bel pac. l. 3. [Grotius, De jure. ]
Arist. Pol. l. 2. [Aristotle, Politics, bk. 3, 1284a–b.]
Ad summum bonum secundum virtutem. Arist. Pol. [ Omnium optimus means “the best of all.”]
[A tyrant, the worst of all.]
[ Patriarcha, ch. 26, p. 106.]
Annal. l. 1. [“He drew into himself the rights of everyone.” Tacitus, Annals, bk. 1, ch. 2.]
[ Patriarcha, ch. 27 (“The King Is Author, Interpreter and Corrector of the Common Law”), p. 107.]
[Whoever gives something being, gives it its mode of being.]
Sine jussu populi. T. Liv. l. 1. [Livy, History of Rome, bk. 1, ch. 49.]
Jul. Caes. Comment. l. 5. [ Commentaries, bk. 5, ch. 9, in Julius Caesar, Gallic War (Loeb, 1917).]
Inter instrumenta servitutis reges habuere. C. Tacit. [“They had kings among their instruments of (keeping others in) servitude.” Tacitus, Life of Agricola, ch. 14.]
Nullum tempus, nulla praescriptio occurrit veritati. Tertul. Id antiquius quod verius. Ibid. [No time, no prescription counteracts truth. The truer something is, the more ancient it is.]
[ Patriarcha, ch. 1, p. 55.]
[See Section 10, n. 31.]
Discors. di Machiav. lib. 2. [Machiavelli, Discourses on Livy, bk. 3, ch. 1.]
Hist. l. 2. [Livy, History of Rome, bk. 2, ch. 1.]
Gen. 1.
[ Patriarcha, ch. 27, p. 107.]
Et in corruptissima republica plurimae leges. [Tacitus, Annals, bk. 3, ch. 27.]
Jure igitur plectimur; nisi enim multorum impunita scelera tulissemus, nunquam ad unum tanta pervenisset licentia. Cicero. [“Thus we are justly punished; for such great license would never have come to one man had we not allowed the crimes of many others to go unpunished.” Cicero, De Officiis (Loeb, 1913), bk. 2, sec. 28.]
Judicia fiunt per pares. Mag. Chart. [ Magna Charta, ch. 21.]
Nisi per judicium parium suorum. Ibid. [Ch. 29.]
Judicabant judicabantur. Maimonid. [ The Code of Maimonides, Book 14: The Book of Judges, Treatise One: Sanhedrin, ch. 2, p. 8.]
In justitia recipienda rex cuilibet ex plebe aequalis est. [Bracton, On the Laws and Customs of England, fol. 107, p. 305.]
[“Who primarily and principally can and ought to judge? … Obviously the king and no other, if he alone is capable of this; since he is held to this by virtue of the sacrament.” Ibid., cited in Patriarcha, ch. 28, p. 109.]
[ Patriarcha, ch. 24, p. 103.]
Polit.l.1. [Aristotle, Politics, bk. 3, 1279a–b; bk. 4, 1295a.]
[“Which shall have been rightly defined.” Bracton, On the Laws and Customs of England, fol. 107, p. 304.]
Bract. l. 3. c. 10. [“Wise God-fearing men, whose eloquence is true, and who hate avarice.” Ibid., fol. 108, p. 306.]
Si quis minus sapiens indoctus sedem judicandi honestatem judicandi sibi praesumserit, exalto corruit, c. perinde erit ac si gladium poneret in manu furentis. Ibid. [p. 307.]
[Ibid., fol. 107, p. 305.]
[“The ruler is not bound by the laws.” Patriarcha, ch. 26, p. 106.]
[Livy, History of Rome, bk. 2, ch. 1.]
[An easy case.]
Herbert’s Hen. 8. [Lord Edward Herbert, Life and Reign of King Henry the Eighth (London, 1649), (the year 1535).]
[ Patriarcha, ch. 28 (“The King Is Judge in All Causes. The King and His Council Anciently Determined Causes”), p. 110.]
[ Patriarcha, ch. 26, p. 106.]
[ Patriarcha, ch. 31, pp. 119–120.]
[(Laws) which the common people shall have chosen.]
[Actually, 16 Charles 1.]
[ Patriarcha, ch. 28, p. 113.]
[ Patriarcha, ch. 30 (“The People, When First Called to Parliament. The Liberties of Parliaments Not from Nature, but from the Grace of Princes”), pp. 114, 115, 118.]
Inter instrumenta servitutis reges habuere. C. Tacit. [“They had kings among their instruments of (keeping others in) servitude.” Tacitus, Life of Agricola, ch. 14.]
Vilis servitii praemia. Tacit. [Tacitus, Annals, bk. 2, ch. 9.]
Quippe gravior est Arsacis regno Germanorum libertas. [“The liberty of the Germans is stronger than the kingdom of an Arsaces.” The Arsaces family ruled Parthia, Rome’s strongest enemy in the Middle East. Tacitus contrasts Western freedom with Eastern despotism, Germania, ch. 37.]