Part of the series In Defense of Liberalism and the founding of America
The Radical Ideals of Liberalism : Freedom to NOT live by another’s leave
We start with another story from The Daily Caller to illustrate one progressive's reaction to today's political arena and the accurate observation of the threat to our civil liberties. Noam Chomsky, MIT Institute Professor & Professor of Linguistics (Emeritus) who describes himself as a libertarian socialist offers a very direct criticism of the Obama administration and the wider implications for the United States. He very accurately cites one of the absolute foundations of individual liberty Magna Carta.
Progressive hero Noam Chomsky is terrified of the surveillance state that has developed during the tenure of President Barack Obama, calling it a grave threat to our fundamental civil liberties.
In a column published Monday, Chomsky writes that the documents revealed to the public by Edward Snowden show a system that is flagrantly violating the principles of the Constitution.
“It is of no slight import that the project is being executed in one of the freest countries in the world, and in radical violation of the U.S. Constitution’s Bill of Rights, which protects citizens from ‘unreasonable searches and seizures,’ and guarantees the privacy of their persons, houses, papers and effects,” Chomsky said.
“Much as government lawyers may try, there is no way to reconcile these principles with the assault on the population revealed in the Snowden documents.”
The scope and depth of the National Security Agency’s surveillance program is what particularly troubles the retired MIT professor and leads him to conclude that our current president is set on undermining the foundations of our society.
“The documents unveil a remarkable project to expose to state scrutiny vital information about every person who falls within the grasp of the colossus — in principle, every person linked to the modern electronic society,” Chomsky wrote. “As the colossus fulfills its visions, in principle every keystroke might be sent to President Obama’s huge and expanding databases in Utah.”
“In other ways too, the constitutional lawyer in the White House seems determined to demolish the foundations of our civil liberties. The principle of the presumption of innocence, which dates back to Magna Carta 800 years ago, has long been dismissed to oblivion.”
All this adds up to a system that George Orwell would’ve been incapable of envisioning as “Nothing so ambitious was imagined by the dystopian prophets of grim totalitarian worlds ahead.”
With such observations and implications made of the current political climate, it is not an irresponsible stretch to assume that my writing this review of the history of Liberalism and the founding of the Republic of The United States of America has drawn the attention of the NSA. It's not too much to assume that you dear reader are also "suspect" for reading it! Such a basic Liberty under the protection of our US Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
So picking up where we left off with John Locke's epic refutation Patriarcha, or the Natural Power of Kings  Sir Robert Filmer. We've already covered the first 5 chapters which carry us through the following chapter titles:
Chapter 2 Of Paternal and Regal Power.
Chapter 3 Of Adam’s Title to Sovereignty by Creation
Chapter 4 Of Adam’s Title to Sovereignty by Donation
Chapter 5 Of Adam’s Title to Sovereignty by the Subjection of Eve.
We've already established the detailed argument and style of Locke's Treatise, and the absolute and withering defeat of Patriarcha which for many will border on tedium, but in the context of Renaissance philosophy and thought is necessary. Boiled down to today's 15 second attention span, we might consider this brief summary apropos; you may not have it both ways, it is either one, the ABSOLUTISM of the Divine Right of Kings and Absolute Monarchy, or it is that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. One system enslaves men and recognizes the ABSOLUTE authority of the State/Monarch, all other "rights" granted by the State/Monarch, the other system recognizes the fundamental; ALL MEN (meaning mankind) are endowed by their Creator with certain unalienable Rights. There is no "middle ground" if one is honest about Liberalism, the progressive modern variant notwithstanding. Thomas Jefferson's original draft was even richer and more definitive regarding these rights, allowing none of the claimed "ambiguities" many now assert when attempting to justify their corruptions.
We've also established that this weighty Treatise cannot be presented in anything approaching an exhaustive study, indeed such a study would be longer and more tedious than the original. This is meant to be an introduction only, part of a much wider series. It is my hope that readers will be inspired to read the entire Treatise in two parts and consider the wider works of John Locke for themselves. For a serious student of history and political philosophy(s) Locke is indeed a worthy study, and is certainly one of the fathers of Liberalism and Liberal thought. I will here give chapters 6 and 11 the greatest weight as they are the most detailed and important for the second part of the first book of this treatise. The chapters in between while important, are less detailed being more as supplemental materials in the original text.
Two Treatises of Civil Government by John Locke the First Treatise
Chapter 6 Of Adam’s Title to Sovereignty by Fatherhood.
THERE is one thing more, and then I think I have given you all that our author brings for proof of Adam’s sovereignty, and that is a supposition of a natural right of dominion over his children, by being their father: and this title of fatherhood he is so pleased with, that you will find it brought in almost in every page; particularly he says, not only Adam, but the succeeding patriarchs had by right of fatherhood royal authority over their children, p. 12. And in the same page, this subjection of children being the fountain of all regal authority, &c. This being, as one would think by his so frequent mentioning it, the main basis of all his frame, we may well expect clear and evident reason for it, since he lays it down as a position necessary to his purpose, that every man that is born is so far from being free, that by his very birth he becomes a subject of him that begets him, Observations, 156. so that Adam being the only man created, and all ever since being begotten, no body has been born free. If we ask how Adam comes by this power over his children, he tells us here it is by begetting them: and so again, Observations, 223. this natural dominion of Adam, says he, may be proved out of Grotius himself, who teacheth, that generatione jus acquiritur parentibus in liberos. And indeed the act of begetting being that which makes a man a father, his right of a father over his children can naturally arise from nothing else.
... Grotius tells us not here how far this jus in liberos, this power of parents over their children extends; but our author, always very clear in the point, assures us, it is supreme power, and like that of absolute monarchs over their slaves, absolute power of life and death. He that should demand of him, how, or for what reason it is, that begetting a child gives the father such an absolute power over him, will find him answer nothing: we are to take his word for this, as well as several other things; and by that the laws of nature and the constitutions of government must stand or fall. Had he been an absolute monarch, this way of talking might have suited well enough; proratione voluntas might have been of force in his mouth; but in the way of proof or argument is very unbecoming, and will little advantage his plea for absolute monarchy. Sir Robert has too much lessened a subject’s authority to leave himself the hopes of establishing any thing by his bare saying it; one slave’s opinion without proof is not of weight enough to dispose of the liberty and fortunes of all mankind. If all men are not, as I think they are, naturally equal, I am sure all slaves are; and then I may without presumption oppose my single opinion to his; and be confident that my saying, that begetting of children makes them not slaves to their fathers, as certainly sets all mankind free, as his affirming the contrary makes them all slaves.
... The argument, I have heard others make use of, to prove that fathers, by begetting them, come by an absolute power over their children, is this; that fathers have a power over the lives of their children, because they give them life and being, which is the only proof it is capable of: since there can be no reason, why naturally one man should have any claim or pretence of right over that in another, which was never his, which he bestowed not, but was received from the bounty of another. 1. I answer, that every one who gives another any thing, has not always thereby a right to take it away again. But 2. They who say the father gives life to his children, are so dazzled with the thoughts of monarchy, that they do not, as they ought, remember God, who is the author and giver of life: it is in him alone we live, move, and have our being. How can he be thought to give life to another, that knows not wherein his own life consists? ... And doth the rude plough-man, or the more ignorant voluptuary, frame or fashion such an admirable engine as this is, and then put life and sense into it? Can any man say, he formed the parts that are necessary to the life of his child? or can he suppose himself to give the life, and yet not know what subject is fit to receive it, nor what actions or organs are necessary for its reception or preservation?
... To give life to that which has yet no being, is to frame and make a living creature, fashion the parts, and mould and suit them to their uses, and having proportioned and fitted them together, to put into them a living soul. He that could do this,  might indeed have some pretence to destroy his own workmanship. But is there any one so bold, that dares thus far arrogate to himself the incomprehensible works of the almighty? Who alone did at first, and continues still to make a living soul, he alone can breathe in the breath of life. If any one thinks himself an artist at this, let him number up the parts of his child’s body which he hath made, tell me their uses and operations, and when the living and rational soul began to inhabit this curious structure, when sense began, and how this engine, which he has framed, thinks and reasons: if he made it, let him, when it is out of order, mend it, at least tell wherein the defects lie. ... And therefore though our author, for the magnifying his fatherhood, be pleased to say, Observations, 159. That even the power which God himself exerciseth over mankind is by right of fatherhood, yet this fatherhood is such an one as utterly excludes all pretence of title in earthly parents; for he is king, because he is indeed maker of us  all, which no parents can pretend to be of their children.
... But grant that the parents made their children, gave them life and being, and that hence there followed an absolute power. This would give the father but a joint dominion with the mother over them: for no body can deny but that the woman hath an equal share, if not the greater, as nourishing the child a long time in her own body out of her own substance: there it is fashioned, and from her it receives the materials and principles of its constitution: and  it is so hard to imagine the rational soul should presently inhabit the yet unformed embrio, as soon as the father has done his part in the act of generation, that if it must be supposed to derive any thing from the parents, it must certainly owe most to the mother. But be that as it will, the mother cannot be denied an equal share in begetting of the child, and so the absolute authority of the father will not arise from hence. Our author indeed is of another mind; for he says, We know that God at the creation gave the sovereignty to the man over the woman, as being the nobler and principal agent in generation. ... I remember not this in my Bible; and when the place is brought where God at the creation gave the sovereignty to man over the woman, and that for this reason, because he is the nobler and principal agent in generation, it will be time enough to consider, and answer it. But it is no new thing for our author to tell us his own fancies for certain and divine truths, tho’ there be often a great deal of difference between his and divine revelations; for God in the scripture says, his father and his mother that begot him.
... They who alledge the practice of mankind, for exposing or selling their children, as a proof of their power over them, are with Sir Robert happy arguers; and cannot but recommend their opinion, by founding it on the most shameful action, and most unnatural murder, human nature is capable of. ... And is it the privilege of man alone to act more contrary to nature than the wild and most untamed part of the creation? doth God forbid us under the severest penalty, that of death, to take away the life of any man, a stranger, and upon provocation? and does he permit us to destroy those, he has given us the charge and care of; and by the dictates of nature and reason, as well as his revealed command, requires us to preserve?
... But if the example of what hath been done, be the rule of what ought to be, history would have furnished our author with instances of this absolute fatherly power in its height and perfection, and he might have shewed us in Peru, people that begot children on purpose to fatten and eat them. The story is so remarkable, that I cannot but set it down in the author’s words. “In some provinces, says he, they were so liquorish after man’s flesh, that they would not have the patience to stay till the breath was out of the body, but would suck the blood as it ran from the wounds of the dying man; they had public shambles of man’s flesh, and their madness herein was to that degree, that they spared not their own children, which they had begot on strangers taken in war: for they made their captives their mistresses, and choicely nourished the children they had by them, till about thirteen years old they butchered and eat them; and they served the mothers after the same fashion, when they grew past child bearing, and ceased to bring them any more roasters,” Garcilasso de la Vega hist. des Yncas de Peru, l. i. c. 12.
Thus far can the busy mind of man carry him to a brutality below the level of beasts, when he quits his reason, which places him almost equal to angels. Nor can it be otherwise in a creature, whose thoughts are more than the sands, and wider than the ocean, where fancy and passion must needs run him into strange courses, if reason, which is his only star and compass, be not that he steers by. The imagination is always restless, and suggests variety of thoughts, and the will, reason being laid aside, is ready for every extravagant project; and in this state, he that goes farthest out of the way, is thought fittest to lead, and is sure of most followers: and when fashion hath once established what folly or craft began, custom makes it sacred, and it will be thought impudence, or madness, to contradict or question it. He that will impartially survey the nations of the world, will find so much of their religions, governments and manners, brought in and continued amongst them by these means, that he will have but little reverence for the practices which are in use and credit amongst men; and will have reason to think, that the woods and forests, where the irrational untaught inhabitants keep right by following nature, are fitter to give us rules, than cities and palaces, where those that call themselves civil and rational, go out of their way, by the authority of example.
...Be it then, as Sir Robert says, that anciently it was usual for men to sell and castrate their children, Observations, 155. Let it be, that they exposed them; add to it, if you please, for this is still greater power, that they begat them for their tables, to fat and eat them: if this proves a right to do so, we may, by the same argument, justify adultery, incest and sodomy, for there are examples of these too, both ancient and modern; sins, which I suppose have their principal aggravation from this, that they cross the main intention of nature, which willeth the increase of mankind, and the continuation of the species in the highest perfection, and the distinction of families, with  the security of the marriage bed, as necessary thereunto.
Again, it is difficult to condense Locke's arguments into a "smaller" argument. So rich and detailed an argument doesn't condense easily. This treatise is a systematic deconstruction, point by point of Sir Robert's work, which will by it's conclusion lay bare every claim made. It is not "lite" reading by necessity and design. Locke is not content with a blanket refutation, but only in a point by point treatise in two parts which tears down all other proposals for the right and moral governance of mankind, and then in the second book make his case FOR that proper form of governance.
... In confirmation of this natural authority of the father, our author brings a lame proof from the positive command of God in scripture: his words are, To confirm the natural right of regal power, we find in the Decalogue, that the law which enjoins obedience to kings, is delivered in the terms, Honour thy father, p. 23. Whereas many confess, that government only in the abstract, is the ordinance of God, they are not able to prove any such ordinance in the scripture, but only in the fatherly power; and therefore we find the commandment, that enjoins obedience to superiors, given in the terms, Honour thy father; so that not only the power and right of government, but the form of the power governing, and the person having the power, are all the ordinances of God. The first father had not only simply power, but power monarchical, as he was father immediately from God, Observations, 254.
... For had our author set down this command without garbling, as God gave it, and joined mother to father, every reader would have seen, that it had made directly against him; and that it was so far from establishing the monarchical power of the father, that it set up the mother equal with him, and enjoined nothing but what was due in common, to both father and mother: for that is the constant tenor of the scripture, Honour thy father and thy mother, Exod. xx. He that smiteth his father or mother, shall surely be put to death, xxi. 15. He that curseth his father or mother, shall surely be put to death, ver. 17. Repeated Lev. xx. 9. and by our Saviour, Matth. xv. 4. Ye shall fear every man his mother and his father, Lev. xix. 3. If a man have a rebellious son, which will not obey the voice of his father, or the voice of his mother; then shall his father and his mother lay hold on him, and say, This our son is stubborn  and rebellious, he will not obey our voice, Deut. xxi. 18, 19, 20, 21. Cunsed be he that setteth light by his father or his mother, xxviii. 16. My son, hear the instructions of thy father, and forsake not the law of thy mother, are the words of Solomon, a king who was not ignorant of what belonged to him as a father or a king; and yet he joins father and mother together, in all the instructions he gives children quite thro’ his book of Proverbs. Woe unto him, that sayeth unto his father, What begettest thou, or to the woman, What hast thou brought forth? Isa. xi. ver. 10. In thee have they set light by father or mother, Ezek. xxviii. 2. And it shall come to pass, that when any shall yet prophesy, then his father and his mother that begat him, shall say unto him, Thou shalt not live, and his father and his mother that begat him, shall thrust him through when he prophesieth, Zech. xiii. 3. Here not the father only, but the father and mother jointly, had power in this case of life and death. Thus ran the law of the Old Testament, and in the New they are likewise joined, in the obedience of their children, Eph. vi. 1. The rule is, Children, obey your parents; and I do not remember, that I any where read, Children, obey your father, and no more: the scripture joins mother too in that homage, which is due from children; and had there been any text, where the honour or obedience of children had been directed to the father alone
... One would wonder then how our author infers from the 5th commandment, that all power was originally in the father; how he finds monarchical power of government settled and fixed by the commandment, Honour thy father and thy mother. If all the honour due by the commandment, be it what it will, be the only right of the father, because he, as our author says, has the sovereignty over the woman, as being the nobler and principler agent in generation, why did God afterwards all along join the mother with him, to share in his honour? can the father, by this sovereignty of his, discharge the child from paying this honour to his mother.
... By our author’s doctrine, the father having absolute jurisdiction over his children, has also the same over their issue; and the consequence is good, were it true, that the father had such a power: and yet I ask our author whether the grandfather, by his sovereignty, could discharge the grandchild from paying to his father the honour due to him by the 5th commandment. If the grandfather hath, by right of fatherhood, sole sovereign power in him, and that obedience which is due to the supreme magistrate, be commanded in these words, Honour thy father, it is certain the grandfather might dispense with the grandson’s honouring his father, which since it is evident in common sense he cannot, it follows from hence, that Honour thy father and mother, cannot mean an absolute subjection to a sovereign power, but something else. The right therefore which parents have by nature, and which is confirmed to them by the 5th commandment, cannot be that political dominion, which our  author would derive from it: for that being in every civil society supreme somewhere, can discharge any subject from any political obedience to any one of his fellow subjects. But what law of the magistrate can give a child liberty, not to honour his father and mother? It is an eternal law, annexed purely to the relation of parents and children, and so contains nothing of the magistrate’s power in it, nor is subjected to it.
... The law that enjoins obedience to kings is delivered, says our author, in the terms, Honour thy father, as if all power were originally in the father, Observations, 254: and that law is also delivered, say I, in the terms, Honour thy mother, as if all power were originally in the mother. I appeal whether  the argument be not as good on one side as the other, father and mother being joined all along in the Old and New Testament where-ever honour or obedience is injoined children.
... This is so plain, that our author confesses, that Sir John Hayward, Blackwood and Barclay, the great vindicators of the right of kings, could not deny it, but admit with one consent the natural liberty and equality of mankind, for a truth unquestionable. And our author hath been so far from producing any thing, that may make good his great position, that Adam was absolute monarch, and so men are not naturally free, that even his own proofs make against him; so that to use his own way of arguing, the first erroneous principle failing, the whole fabric of this vast engine of absolute power and tyranny drops down of itself, and there needs no more to be said in answer to all that he builds upon so false and frail a foundation.
... For 1. he says, As Adam was lord of his children, so his children under him had a power over their own children: they were then lords over their own children after the same manner, and by the same title, that Adam was, i. e. by right of generation, by right of fatherhood. 2. It is plain he means the natural power of fathers, because he limits it to be only over their own children; a delegated power has no such limitation, as only over their own children, it might be over others, as well as their own children. 3. If it were a delegated power, it must appear in scripture; but there is no ground in scripture to affirm, that Adam’s children had any other power over theirs, than what they naturally had as fathers.
And thus what a monarchy he hath set up, let him and his disciples consider. Princes certainly will have great reason to thank him for these new politics, which set up as many absolute kings in every country as there are fathers of children. And yet who can blame our author for it, it lying unavoidably in the way of one discoursing upon our author’s principles? For having placed an absolute power in fathers by right of begetting, he could not easily resolve how much of this power belonged to a son over the children he had begotten; and so it fell out to be a very hard matter to give all the power,  as he does, to Adam, and yet allow a part in his life-time to his children, when they were parents, and which he knew not well how to deny them. This makes him so doubtful in his expressions, and so uncertain where to place this absolute natural power, which he calls fatherhood. Sometimes Adam alone has it all, as p. 13. Observations, 244, 245. & Pref.
Sometimes parents have it, which word scarce signifies the father alone, p. 12, 19.
Sometimes children during their fathers life-time, as p. 12.
Sometimes fathers of families, as p. 78, and 79.
Sometimes fathers indefinitely, Observations, 155.
Sometimes the heir to Adam, Observations, 253.
Sometimes the posterity of Adam, 244, 246.
Sometimes prime fathers, all sons or grand-children of Noah, Observations, 244.
Sometimes the eldest parents, p. 12.
Sometimes all kings, p. 19.
Sometimes all that have supreme power, Observations, 245.
Sometimes heirs to those first progenitors, who were at first the natural parents of the whole people, p. 19.
Sometimes an elective king, p. 23.
Sometimes those, whether a few or a multitude, that govern the common-wealth, p. 23.
Sometimes he that can catch it, an usurper, p. 23. Observations, 155.
... Thus this new nothing, that is to carry with it all power, authority, and government; this fatherhood, which is to design the person, and establish the throne of monarchs, whom the people are to obey, may, according to Sir Robert, come into any hands, any how, and so by his politics give to democracy royal authority, and make an usurper a lawful prince. And if it will do all these fine feats, much good do our author and all his followers with their omnipotent fatherhood, which can serve for nothing but to unsettle and destroy all the lawful governments in the world, and to establish in their room disorder, tyranny, and usurpation.
Here (thankfully) Locke concludes chapter 6, but he is not done ripping the fabric of "fatherhood" quite yet as it is so central to the authority Sir Robert claims for the authority of Monarchy. In fact the remains of the argument of the remaining chapters of book 1 concern fatherhood, heirs, inheritance and other relying principles in various forms.
Chapter 7 Of Fatherhood and Property considered together as Fountains of Sovereignty.
In the foregoing chapters we have seen what Adam’s monarchy was, in our author’s opinion, and upon what titles he founded it. The foundations which he lays the chief stress on, as those from which he thinks he may best derive monarchical power to future princes, are two, viz. Fatherhood  and property: and therefore the way he proposes to remove the absurdities and inconveniencies of the doctrine of natural freedom, is, to maintain the natural and private dominion of Adam, Observations, 222. Conformable hereunto, he tells us, the grounds and principles of government necessarily depend upon the original of property, Observations, 108. The subjection of children to their parents is the fountain of all regal authority, p. 12. And all power on earth is either derived or usurped from the fatherly power, there being no other original to be found of any power whatsoever, Observations, 158. I will not stand here to examine how it can be said without a contradiction, that the first grounds and principles of government necessarily depend upon the original of property, and yet, that there is no other original of any power whatsoever, but that of the father: it being hard to understand how there can be no other original but fatherhood, and yet that the grounds and principles of government depend upon the original of property; property and fatherhood being as far different as lord of a manor and father of children. Nor do I see how they will either of them agree with what our author says, Observations, 244. of God’s sentence against Eve, Gen. iii. 16. That it is the original grant of government: so that if that were the original, government had not its original, by our author’s own confession, either from property or fatherhood;  and this text, which he brings as a proof of Adam’s power over Eve, necessarily contradicts what he says of the fatherhood, that it is the sole fountain of all power: for if Adam had any such regal power over Eve, as our author contends for, it must be by some other title than that of begetting.
... But I leave him to reconcile these contradictions, as well as many others, which may plentifully be found in him by any one, who will but read him with a little attention; and shall come now to consider, how these two originals of government, Adam’s natural and private dominion, will consist, and serve to make out and establish the titles of succeeding monarchs, who, as our author obliges them, must all derive their power from these fountains. Let us then suppose Adam made, by God’s donation, lord and sole proprietor of the whole earth, in as large and ample a manner as Sir Robert could wish; let us suppose him also, by right of fatherhood, absolute ruler over his children with an unlimited supremacy; I ask then, upon Adam’s death what becomes of both his natural and private dominion? and I doubt not it will be answered, that they descended to his next heir, as our author tells us in several places. ... all the estate of the father, ought to descend to  the eldest son, (which will need some proof to establish it) and so he has by that title all the private dominion of the father, yet the father’s natural dominion, the paternal power cannot descend to him by inheritance: for it being a right that accrues to a man only by begetting, no man can have this natural dominion over any one he does not beget; unless it can be supposed, that a man can have a right to any thing, without doing that upon which that right is solely founded: for if a father by begetting, and no other title, has natural dominion over his children, he that does not beget them cannot have this natural dominion over them; and therefore be it true or false, that our author says, Observations, 156. That every man that is born, by his very birth becomes a subject to him that begets him, this necessarily follows, viz. That a man by his birth cannot become a subject to his brother, who did not beget him; unless it can be supposed that a man by the very same title can come to be under the natural and absolute dominion of two different men at once; or it be sense to say, that a man by birth is under the natural dominion of his father, only because he begat him, and a man by birth also is under the natural dominion of his eldest brother, though he did not beget him.
... If then the private dominion of Adam, i. e. his property in the creatures, descended at his death all entirely to his eldest son,  his heir; (for, if it did not, there is presently an end of all Sir Robert’s monarchy) and his natural dominion, the dominion a father has over his children by begetting them, belonged immediately, upon Adam’s decease, equally to all his sons who had children, by the same title their father had it, the sovereignty founded upon property, and the sovereignty founded upon fatherhood, come to be divided; since Cain, as heir, had that of property alone; Seth, and the other sons, that of fatherhood equally with him. This is the best can be made of our author’s doctrine, and of the two titles of sovereignty he sets up in Adam: one of them will either signify nothing; or, if they both must stand, they can serve only to confound the rights of princes, and disorder government in his posterity: for by building upon two titles to dominion, which cannot descend together, and which he allows may be separated, ... he makes it perpetually a doubt upon his principles where the sovereignty is, or to whom we owe our obedience, since fatherhood and property are distinct titles, and began presently upon Adam’s death to be in distinct persons. And which then was to give way to the other?
... Let us take the account of it, as he himself gives it us. He tells us out of Grotius,  That Adam’s children by donation, assignation, or some kind of cession before he was dead, had their distinct territories by right of private dominion; Abel had his flocks and pastures for them: Cain had his fields for corn, and the land of Nod, where he built him a city, Observations, 210. Here it is obvious to demand, which of these two after Adam’s death was sovereign? Cain, says our author, p. 19. By what title? As heir; for heirs to progenitors, who were natural parents of their people, are not only lords of their own children, but also of their brethren, says our author, p. 19. What was Cain heir to? Not the entire possessions, not all that which Adam had private dominion in; for our author allows that Abel, by a title derived from his father, had his distinct territory for pasture by right of private dominion. What then Abel had by private dominion, was exempt from Cain’s dominion: for he could not have private dominion over that which was under the private dominion of another; and therefore his sovereignty over his brother is gone with this private dominion, and so there are presently two sovereigns, and his imaginary title of fatherhood is out of doors, and Cain is no prince over his brother: or else, if Cain retain his sovereignty over Abel, notwithstanding his private dominion, it will follow, that the first grounds and principles of government have nothing to do with property, whatever  our author says to the contrary. It is true, Abel did not outlive his father Adam; but that makes nothing to the argument, which will hold good against Sir Robert in Abel’s issue, or in Seth, or any of the posterity of Adam, not descended from Cain.
... The same inconvenience he runs into about the three sons of Noah, who, as he says, p. 13. had the whole world divided amongst them by their father. I ask then, in which of the three shall we find the establishment of regal power after Noah’s death? If in all three, as our author there seems to say; then it will follow, that regal power is founded in property of land, and follows private dominion, and not in paternal power, or natural dominion; and so there is an end of paternal power as the fountain of regal authority, and the so-much-magnified fatherhood quite vanishes. ... Observations, 158. which I shall set down in his own words, only changing property for people. All power on earth is either derived or usurped from the fatherly power, there being no other original to be found of any power whatsoever: for if there should be granted two sorts of power, without any subordination of one to the other, they would be in perpetual strife which should be supreme, for two supremes cannot agree: if the fatherly power be supreme, then the power grounded on private dominion must be subordinate, and depend on it; and if the power grounded on property be supreme, then the fatherly power must submit to it, and cannot be exercised without the licence of the proprietors, which must quite destroy the frame and course of nature. This is his own arguing against two distinct independent powers, which I have set down in his own words, only putting power rising from property, for power of the people; and when he has answered what he himself has urged here against two distinct powers, we shall be better able to see how, with any tolerable sense, he can derive all regal authority from the natural and private dominion of Adam, from fatherhood and property together, which are distinct titles, that do not always meet in the same person ... But the absurdities of this will more fully appear in the next chapter, where we shall examine the ways of conveyance of the sovereignty of Adam, to princes that were to reign after him.
Chapter 8 Of the Conveyance of Adam’s sovereign Monarchical Power.
SIR Robert, having not been very happy in any proof he brings for the sovereignty of Adam, is not much more fortunate in conveying it to future princes, who, if his politics be true, must all derive their titles from that first monarch. The ways he has assigned, as they lie scattered up and down in his writings, I will set down in his own words: in his preface he tells us, That Adam being monarch of the whole world, none of his posterity had any right to possess any thing, but by his grant or permission, or by succession from him. Here he makes two ways of conveyance of any thing Adam stood possessed of; and those are grants or succession. Again he says, All kings either are, or are to  be reputed, the next heirs to those first progenitors, who were at first the natural parents of the whole people, p. 19. There cannot be any multitude of men whatsoever, but that in it, considered by itself, there is one man amongst them, that in nature hath a right to be the king of all the rest, as being the next heir to Adam, Observations, 253. Here in these places inheritance is the only way he allows of conveying monarchical power to princes. In other places he tells us, Observations, 155. All power on earth is either derived or usurped from the fatherly power, Observations, 158. All kings that now are, or ever were, are or were either fathers of their people, or heirs of such fathers, or usurpers of the right of such fathers, Observations, 253. And here he makes inheritance or usurpation the only ways whereby kings come by this original power: but yet he tells us, This fatherly empire, as it was of itself hereditary, so it was alienable by patent, and seizable by an usurper, Observations, 190. So then here inheritance, grant, or usurpation, will convey it. And last of all, which is most admirable, he tells us, p. 100. It skills not which way kings come by their power, whether by election, donation, succession, or by any other means; for it is still the manner of the government by supreme power, that makes them properly kings, and not the means of obtaining their crowns. Which I think is a full answer to all his whole hypothesis and discourse about Adam’s royal authority, as the fountain from which all princes were to derive theirs: and he might have spared the trouble of speaking so much as he does, up and down, of heirs and inheritance, if to make any one properly a king, needs no more but governing by supreme power, and it matters not by what means he came by it.
... By this notable way, our author may make Oliver as properly king, as any one else he could think of: and had he had the happiness to live under Massanello’s government, he could not by this his own rule have forborn to have done homage to him, with O king live for ever, since the manner of his government by supreme power, made him properly king, who was but the day before properly a fisherman. And if Don Quixote had taught his squire to govern with supreme authority, our author no doubt could have made a most loyal subject in Sancho Pancha’s island; and he must needs have deserved some preferment in such governments, since I think he is the first politician, who, pretending to settle government upon its true basis, and to establish the thrones of lawful princes, ever told the world, That he was properly a king, whose manner of government was by supreme power, by what means soever he obtained it; which in plain English is to say, that regal and supreme power is properly and truly his, who can by any means seize upon it; and if this be to be properly a king, I wonder how he came to think of, or where he will find, an usurper.
... This is so strange a doctrine, that the surprise of it hath made me pass by, without their due reflection, the contradictions he runs into, by making sometimes inheritance alone, sometimes only grant or inheritance, sometimes only inheritance or usurpation, sometimes all these three, and at last election, or any other means, added to them, the ways whereby Adam’s royal authority, that is, his right to supreme rule, could be conveyed down to future kings and governors, so as to give them a title to the obedience and subjection of the people. But these contradictions lie so open, that the very reading of our author’s own words will discover them to any ordinary understanding; and though what I have quoted out of him (with abundance more of the same strain and coherence, which might be found in him) might well excuse me from any farther trouble in this argument, yet having proposed to myself, to examine the main parts of his doctrine, I shall a little more particularly consider how inheritance, grant, usurpation or election, can any way make out government in the world upon his principles; or derive to any one a right of empire, from this regal authority of Adam, had it been never so well proved, that he had been absolute monarch, and lord of the whole world.
Chapter 9 Of Monarchy, by Inheritance from Adam.
Though it be never so plain, that there ought to be government in the world, nay, should all men be of our author’s mind, that divine appointment had ordained it to be monarchical; yet, since men cannot obey any thing, that cannot command; and ideas of government in the fancy, though never so perfect, though never so right, cannot give laws, nor prescribe rules to the actions of men; it would be of no behoof for the settling of order, and establishment of government in its exercise and use amongst men, unless there were a way also taught how to know the person, to whom it belonged to have this power, and exercise this dominion over others. It is in vain then to talk of subjection and obedience without telling us whom we are to obey: for were I never so fully persuaded that there ought to be magistracy and rule in the world; yet I am never the less at liberty still, till it appears who is the person that hath right to my obedience; since, if there be no marks to know him by, and distinguish him that hath right to rule from  other men, it may be myself, as well as any other. And therefore, though submission to government be every one’s duty, yet since that signifies nothing but submitting to the direction and laws of such men as have authority to command, it is not enough to make a man a subject, to convince him that there is regal power in the world; but there must be ways of designing, and knowing the person to whom this regal power of right belongs: and a man can never be obliged in conscience to submit to any power, unless he can be satisfied who is the person who has a right to exercise that power over him. If this were not so, there would be no distinction between pirates and lawful princes; he that has force is without any more ado to be obeyed, and crowns and scepters would become the inheritance only of violence and rapine. Men too might as often and as innocently change their governors, as they do their physicians, if the person cannot be known who has a right to direct me, and whose prescriptions I am bound to follow. To settle therefore men’s consciences, under an obligation to obedience, it is necessary that they know not only, that there is a power somewhere in the world, but the person who by right is vested with this power over them.
... How successful our author has been in his attempts, to set up a monarchical absolute power in Adam, the reader may judge  by what has been already said; but were that absolute monarchy as clear as our author would desire it, as I presume it is the contrary, yet it could be of no use to the government of mankind now in the world, unless he also make out these two things.
First, That this power of Adam was not to end with him, but was upon his decease conveyed intire to some other person, and so on to posterity.
Secondly, That the princes and rulers now on earth are possessed of this power of Adam, by a right way of conveyance derived to them.
... If the first of these fail, the power of Adam, were it never so great, never so certain, will signify nothing to the present government and societies in the world; but we must seek out some other original of power for the government of politys than this of Adam, or else there will be none at all in the world. ... This sovereignty he erects, as has been said, upon a double foundation, viz. that of property, and that of fatherhood. One was the right he was supposed to have in all creatures, a right to possess the earth with the beasts, and other inferior ranks of things in it, for his private use, exclusive of all other men. The other was the right he was supposed to have, to rule and govern men, all the rest of mankind.
... That of his property our author supposes to arise from God’s immediate donation, Gen. i. 28. and that of fatherhood from the act of begetting: now in all inheritance, if the heir succeed not to the reason upon which his father’s right was founded, he cannot succeed to the right which followeth from it. For example, Adam had a right of property in the creatures upon the donation and grant of God almighty, who was lord and proprietor of them all: let this be so as our author tells us, yet upon his death his heir can have no title to them, no such right of property in them, unless the same reason, viz. God’s  donation, vested a right in the heir too: for if Adam could have had no property in, nor use of the creatures, without this positive donation from God, and this donation were only personally to Adam, his heir could have no right by it; but upon his death it must revert to God, the lord and owner again; for positive grants give no title farther than the express words convey it, and by which only it is held. And thus, if as our author himself contends, that donation, Gen. i. 28. were made only to Adam personally, his heir could not succeed to his property in the creatures; and if it were a donation to any but Adam, let it be shewn, that it was to his heir in our author’s sense, i. e. to one of his children, exclusive of all the rest.
... But not to follow our author too far out of the way, the plain of the case is this. God having made man, and planted in him, as in all other animals, a strong desire of self-preservation; and furnished the world with things fit for food and raiment, and other necessaries of life, subservient to his design, that man should live and abide for some time upon the face of the earth, and not that so curious and wonderful a piece of workmanship, by his own negligence, or want of necessaries, should perish again, presently after a few moments continuance; God, I say, having made man and the world thus, spoke to him, (that is) directed him  by his senses and reason, as he did the inferior animals by their sense and instinct, which were serviceable for his subsistence, and given him as the means of his preservation. ... And thus man’s property in the creatures was founded upon the right he had to make use of those things that were necessary or useful to his being.
... This being the reason and foundation of Adam’s property, gave the same title, on the same ground, to all his children, not only after his death, but in his life-time: so that here was no privilege of his heir above his other children, which could exclude them from an equal right to the use of the inferior creatures, for the comfortable preservation  of their beings, which is all the property man hath in them; and so Adam’s sovereignty built on property, or, as our author calls it, private dominion, comes to nothing.
... It might reasonably be asked here, how come children by this right of possessing, before any other, the properties of their parents upon their decease? for it being personally the parents, when they die, without actually transferring their right to another, why does it not return again to the common stock of mankind? It will perhaps be answered, that common consent hath disposed of it to their children. Common practice, we see indeed, does so dispose of it; but we cannot say, that it is the common consent of mankind; for that hath never been asked, nor actually given; and if common tacit consent hath established it, it would make  but a positive, and not a natural right of children to inherit the goods of their parents: but where the practice is universal, it is reasonable to think the cause is natural. The ground then I think to be this. The first and strongest desire God planted in men, and wrought into the very principles of their nature, being that of self-preservation, that is the foundation of a right to the creatures for the particular support and use of each individual person himself. But, next to this, God planted in men a strong desire also of propagating their kind, and continuing themselves in their posterity; and this gives children a title to share in the property of their parents, and a right to inherit their possessions. Men are not proprietors of what they have, meerly for themselves; their children have a title to part of it, and have their kind of right joined with their parents, in the possession which comes to be wholly their’s, when death, having put an end to their parents use of it, hath taken them from their possessions; and this we call inheritance: men being by a like obligation bound to preserve what they have begotten, as to preserve themselves, their issue come to have a right in the goods they are possessed of.
... For children being by the course of nature, born weak, and unable to provide for themselves, they have by the appointment of God himself, who hath thus ordered the course of nature, a right to be nourished and maintained by their parents; nay, a right not only to a bare subsistence, but to the conveniencies and comforts of life, as far as the conditions of their parents can afford it.
... Were it not for this right of being nourished and maintained by their parents, which God and nature has given to children, and obliged parents to as a duty, it would be reasonable, that the father should inherit the estate of his son, and be preferred in the  inheritance before his grand-child: for to the grand-father there is due a long score of care and expences laid out upon the breeding and education of his son, which one would think in justice ought to be paid. But that having been done in obedience to the same law, whereby he received nourishment and education from his own parents; this score of education, received from a man’s father, is paid by taking care, and providing for his own children; is paid, I say, as much as is required of payment by alteration of property, unless present necessity of the parents require a return of goods for their necessary support and subsistence: for we are not now speaking of that reverence, acknowledgment, respect and honour, that is always due from children to their parents; but of possessions and commodities of life valuable by money. ... Not only upon this account, I say, have I been so particular in examining the reason of children’s inheriting the property of their fathers, but also because it will give us farther light in the inheritance of rule and power, which in countries where their particular municipal laws give the whole possession of land entirely to the first-born, and descent of power has gone so to men by this custom, some have been apt to be deceived into an opinion, that there was a natural or divine right of primogeniture, to both estate and power; and that the inheritance of both rule over men, and property in things, sprang from the same original, and were to descend by the same rules.
... Property, whose original is from the right a man has to use any of the inferior creatures, for the subsistence and comfort of his life, is for the benefit and sole advantage of the proprietor, so that he may even destroy the thing, that he has property in by his use of it, where need requires: but government  being for the preservation of every man’s right and property, by preserving him from the violence or injury of others, is for the good of the governed: for the magistrate’s sword being for a terror to evil doers, and by that terror to inforce men to observe the positive laws of the society, made conformable to the laws of nature, for the public good, i. e. the good of every particular member of that society, as far as by common rules it can be provided for; the sword is not given the magistrate for his own good alone.
Herein Locke has discussed principles central in his other works, Life, Liberty and Property, asserting by various arguments that it is the rights of ALL mankind, and naturally so, as ordained by God, and not the exclusive rights of Monarchs as Sir Robert claimed. He then proceeds with the remains of his deconstruction of this point at more length, which I'll reserve for your own discovery. In closing chapter 9 Locke observes following: "And thus we see, as Adam had no such property, no such paternal power, as gave him sovereign jurisdiction over mankind; so likewise his sovereignty built upon either of these titles, if he had any such, could not  have descended to his heir, but must have ended with him. Adam therefore, as has been proved, being neither monarch, nor his imaginary monarchy hereditable, the power which is now in the world, is not that which was Adam’s, since all that Adam could have upon our author’s grounds, either of property or fatherhood, necessarily died with him, and could not be conveyed to posterity by inheritance. In the next place we will consider, whether Adam had any such heir, to inherit his power, as our author talks of."
Chapter 10 is actually very short, and I'll cite it in its entirety without comments as none are needed, then proceeding into the final chapter "Who Heir" which is almost rhetorical as the conclusion will become evident that either NONE are or we ALL are. This idea should be instinctual to you by now.
Chapter 10 Of the Heir to Adam’s Monarchical Power.
OUR author tells us, Observations, 253. That it is a truth undeniable, that there cannot be any multitude of men whatsoever, either great or small, tho’ gathered together from the several corners and remotest regions of the world, but that in the same multitude, considered by its self, there is one man amongst them, that in nature hath a right to be king of all the rest, as being the next heir to Adam, and all the other subjects to him: every man by nature is a king or a subject. And again, p. 20. If Adam himself were still living, and now ready to die, it is certain that there is one man, and but one in the world, who is next heir. Let this multitude of men be, if  our author pleases, all the princes upon the earth, there will then be, by our author’s rule, one amongst them, that in nature hath a right to be king of all the rest, as being the right heir to Adam; an excellent way to establish the thrones of princes, and settle the obedience of their subjects, by setting up an hundred, or perhaps a thousand titles (if there be so many princes in the world) against any king now reigning, each as good, upon our author’s grounds, as his who wears the crown. If this right of heir carry any weight with it, if it be the ordinance of God, as our author seems to tells us, Observations, 244. must not all be subject to it, from the highest to the lowest? Can those who wear the name of princes, without having the right of being heirs to Adam, demand obedience from their subjects by this title, and not be bound to pay it by the same law? Either governments in the world are not to be claimed, and held by this title of Adam’s heir; and then the starting of it is to no purpose, the being or not being Adam’s heir signifies nothing as to the title of dominion: or if it really be, as our author says, the true title to government and sovereignty, the first thing to be done, is to find out this true heir of Adam, seat him in his throne, and then all the kings and princes of the world ought to come and resign up their crowns and scepters to him, as things that belong no more to them, than to any of their subjects.
For either this right in nature, of Adam’s heir, to be king over all the race of men, (for all together they make one multitude) is a right not necessary to the making of a lawful king, and so there may be lawful kings without it, and then kings titles and power depend not on it; or else all the kings in the world but one are not lawful kings, and so have no right to obedience: either this title of heir to Adam is that whereby kings hold their crowns, and have a right to subjection from their subjects, and then one only can have it, and the rest being subjects can require no obedience from other men, who are but their fellow subjects; or else it is not the title whereby kings rule, and have a right to obedience from their subjects, and then kings are kings without it, and this dream of the natural sovereignty of Adam’s heir is of no use to obedience and government: for if kings have a right to dominion, and the obedience of their subjects, who are not, nor can possibly be, heirs to Adam, what use is there of such a title, when we are obliged to obey without it? If kings, who are not heirs to Adam, have no right to sovereignty, we are all free, till our author, or any body for him, will shew us Adam’s right heir. If there be but one heir of Adam, there can be but one lawful king in the world, and no body in conscience can be obliged to obedience till it be resolved  who that is; for it may be any one, who is not known to be of a younger house, and all others have equal titles. If there be more than one heir of Adam, every one is his heir, and so every one has regal power: for if two sons can be heirs together, then all the sons are equally heirs, and so all are heirs, being all sons, or sons sons of Adam. Betwixt these two the right of heir cannot stand; for by it either but one only man, or all men are kings. Take which you please, it dissolves the bonds of government and obedience; since, if all men are heirs, they can owe obedience to no body; if only one, no body can be obliged to pay obedience to him, till he be known, and his title made out.
Chapter 11 Who HEIR?
THE great question which in all ages has disturbed mankind, and brought on them the greatest part of those mischiefs which have ruined cities, depopulated countries, and disordered the peace of the world, has been, not whether there be power in the world, nor whence it came, but who should have it. The settling of this point being of no smaller moment than the security of princes, and the peace  and welfare of their estates and kingdoms, a reformer of politics, one would think, should lay this sure, and be very clear in it: for if this remain disputable, all the rest will be to very little purpose; and the skill used in dressing up power with all the splendor and temptation absoluteness can add to it, without shewing who has a right to have it, will serve only to give a greater edge to man’s natural ambition, which of its self is but too keen. What can this do but set men on the more eagerly to scramble, and so lay a sure and lasting foundation of endless contention and disorder, instead of that peace and tranquillity, which is the business of government, and the end of human society?
Thus opens the final chapter of Book 1 which I will treat fairly lightly, for the whole of the argument presented makes the case that we are ALL heirs of Adam, or NONE are, and tracing his lineage to modern monarchies is just plain madness.
... Let us see then what care our author has taken, to make us know who is this heir, who by divine institution has a right to be king over all men. The first account of him we meet with is, p. 12. in these words: This subjection of children, being the fountain of all regal authority, by the ordination of God himself; it follows, that civil power, not only in general, is by divine institution, but even the assignment of it, specifically to the eldest parents. Matters of such consequence as this is, should be in plain words, as little liable, as might be, to doubt or equivocation; and I think, if language be capable of expressing any thing distinctly and clearly, that of kindred, and the several degrees of nearness of blood, is one.
... In propriety of speech, (and certainly propriety of speech is necessary in a discourse of this nature) eldest parents signifies either the eldest men and women that have had children, or those who have longest had issue; and then our author’s assertion will be, that those fathers and mothers, who have been longest in the world, or longest fruitful, have by divine institution a right to civil power. ... And we are hereby still as much at a loss, who civil power belongs to, notwithstanding this assignment by divine institution, as if there had been no such assignment at all, or our author had said nothing of it. This of eldest parents leaving us more in the dark, who by divine institution has a right to civil power, than those who never heard any thing at all of heir, or descent, of which our author is so full. And though the  chief matter of his writing be to teach obedience to those, who have a right to it, which he tells us is conveyed by descent, yet who those are, to whom this right by descent belongs, he leaves, like the philosophers stone in politics, out of the reach of any one to discover from his writings.
... This obscurity cannot be imputed to want of language in so great a master of style as Sir Robert is, when he is resolved with himself what he would say: and therefore, I fear, finding how hard it would be to settle rules of descent by divine institution, and how little it would be to his purpose, or conduce to the clearing and establishing the titles of princes, if such rules of descent were settled, he chose rather to content himself with doubtful and general terms, which might make no ill found in mens ears, who were willing to be pleased with them, rather than offer any clear rules of descent of this fatherhood of Adam, by which men’s consciences might be satisfied to whom it descended, and know the persons who had a right to regal power, and with it to their obedience.
... How else is it possible, that laying so much stress, as he does, upon descent, and Adam’s heir, next heir, true heir, he should never tell us what heir means, nor the way to know who the next or true heir is? This, I do not remember, he does any where expresly  handle; but, where it comes in his way, very warily and doubtfully touches; though it be so necessary, that without it all discourses of government and obedience upon his principles would be to no purpose, and fatherly power, never so well made out, will be of no use to any body. Hence he tells us, Observations, 244. That not only the constitution of power in general, but the limitation of it to one kind, (i. e.) monarchy, and the determination of it to the individual person and line of Adam, are all three ordinances of God; neither Eve nor her children could either limit Adam’s power, or join others with him; and what was given unto Adam was given in his person to his posterity. Here again our author informs us, that the divine ordinance hath limited the descent of Adam’s monarchical power. To whom? To Adam’s line and posterity, says our author. A notable limitation, a limitation to all mankind: for if our author can find any one amongst mankind, that is not of the line and posterity of Adam, he may perhaps tell him, who this next heir of Adam is: but for us, I despair how this limitation of Adam’s empire to his line and posterity will help us to find out one heir. This limitation indeed of our author will save those the labour, who would look for him amongst the race of brutes, if any such there were; but will very little contribute to the discovery of one next heir amongst men, though it make a short and easy determination of the question  about the descent of Adam’s regal power, by telling us, that the line and posterity of Adam is to have it, that is, in plain English, any one may have it, since there is no person living that hath not the title of being of the line and posterity of Adam; and while it keeps there, it keeps within our author’s limitation by God’s ordinance.
... His words are in the forecited place: And therefore we find God told Cain of his brother Abel; his desire shall be subject unto thee, and thou shalt rule over him. To which I answer,
1. These words of God to Cain, are by many interpreters, with great reason, understood in a quite different sense than what our author uses them in.
2. Whatever was meant by them, it could not be, that Cain, as elder, had a natural dominion over Abel; for the words are conditional, If thou dost well; and so personal to Cain: and whatever was signified by them, did depend on his carriage, and not follow his birth-right; and therefore could by no means be an establishment of dominion in the first-born in general: for before this Abel had his distinct territories by right of private dominion, as our author himself confesses, Observations, 210. which he could not have had to the prejudice of the heirs title, if by divine institution, Cain as heir were to inherit all his father’s dominion.
3. If this were intended by God as the charter of primogeniture, and the grant of dominion to elder brothers in general as such, by right of inheritance, we might expect it should have included all his brethren: for  we may well suppose, Adam, from whom the world was to be peopled, had by this time, that these were grown up to be men, more sons than these two: whereas Abel himself is not so much as named; and the words in the original can scarce, with any good construction, be applied to him.
4. It is too much to build a doctrine of so mighty consequence upon so doubtful and obscure a place of scripture, which may be well, nay better, understood in a quite different sense, and so can be but an ill proof, being as doubtful as the thing to be proved by it; especially when there is nothing else in scripture or reason to be found, that favours or supports it.
... It follows, p. 19. Accordingly when Jacob bought his brother’s birth-right, Isaac blessed him thus; Be lord over thy brethren, and let the sons of thy mother bow before thee. Another instance, I take it, brought by our author to evince dominion due to birth-right, and an admirable one it is: for it must be no ordinary way of reasoning in a man, that is pleading for the natural power of kings, and against all compact, to bring for proof of it, an example, where his own account of it founds all the right upon compact, and settles empire in the younger brother, unless buying and selling be no compact; for he tells us, when Jacob bought his brother’s birthright. But passing by that, let us consider  the history itself, with what use our author makes of it, and we shall find these following mistakes about it.
1. That our author reports this, as if Isaac had given Jacob this blessing, immediately upon his purchasing the birth-right; for he says, when Jacob bought, Isaac blessed him; which is plainly otherwise in the scripture: for it appears, there was a distance of time between, and if we will take the story in the order it lies, it must be no small distance; all Isaac’s sojourning in Gerar, and transactions with Abimelech, Gen. xxvi. coming between; Rebecca being then beautiful, and consequently young; but Isaac, when he blessed Jacob, was old and decrepit: and Esau also complains of Jacob, Gen. xxvii. 36. that two times he had supplanted him; He took away my birth-right, says he, and behold now he hath taken away my blessing; words, that I think signify distance of time and difference of action.
2. Another mistake of our author’s is, that he supposes Isaac gave Jacob the blessing, and bid him be lord over his brethren, because he had the birth-right; for our author brings this example to prove, that he that has the birth-right, has thereby a right to be lord over his brethren. But it is also manifest by the text, that Isaac had no consideration of Jacob’s having bought the birth-right; for when he blessed him, he considered him not  as Jacob, but took him for Esau. Nor did Esau understand any such connection between birth-right and the blessing; for he says, He hath supplanted me these two times, he took away my birth-right, and behold now he hath taken away my blessing: whereas had the blessing, which was to be lord over his brethren, belonged to the birth-right, Esau could not have complained of this second, as a cheat, Jacob having got nothing but what Esau had sold him, when he sold him his birth-right; so that it is plain, dominion, if these words signify it, was not understood to belong to the birth-right.
... And that in those days of the patriarchs, dominion was not understood to be the right of the heir, but only a greater portion of goods, is plain from Gen. xxi. 10. for Sarah, taking Isaac to be heir, says, Cast out this bondwoman and her son, for the son of this bondwoman shall not be heir with my son: whereby could be meant nothing, but that he should not have a pretence to an equal share of his father’s estate after his death, but should have his portion presently, and be gone.
... Thus, as under the law, the privilege of birth-right was nothing but a double portion: so we see that before Moses, in the patriarchs time, from whence our author pretends to take his model, there was no knowledge, no thought, that birth-right gave rule or empire, paternal or kingly authority, to any one over his brethren. If this be not plain enough in the story of Isaac and Ishmael, he that will look into 1 Chron. v. 12. may there read these words: Reuben was the first-born; but forasmuch as he defiled his father’s bed, his birth-right was given unto the sons of Joseph, the son of Israel: and the genealogy is not to be reckoned after the birth-right; for Judah prevailed above his brethren, and of him came the chief ruler; but the birth-right was Joseph’s. What this birth-right was, Jacob blessing Joseph, Gen. xlviii. 22. telleth us in these words, Moreover I have given thee one portion above thy brethren, which I took out of the hand of the Amorite, with my sword and with my bow.
... 1. Because it will be but an ill example to prove, that dominion by God’s ordination belonged to the eldest son, because Jacob the youngest here had it, let him come by it how he would: for if it prove any thing, it can only prove, against our author, that the assignment of dominion to the eldest is not by divine institution, which would then be unalterable: for if by the law of God, or nature, absolute power and empire belongs to the eldest son and his heirs, so that they are supreme monarchs, and all the rest of their brethren slaves, our author gives us reason to doubt whether the eldest son has a power to part with it, to the prejudice of his posterity, since he tells us, Observations, 158. That in grants and gifts that have their original from God or nature, no inferior power of man can limit, or make any law of prescription against them.
... 2. Because this place, Gen. xxvii. 29. brought by our author, concerns not at all the dominion of one brother over the  other, nor the subjection of Esau to Jacob: for it is plain in the history, that Esau was never subject to Jacob, but lived apart in mount Seir, where he founded a distinct people and government, and was himself prince over them, as much as Jacob was in his own family. This text, if considered, can never be understood of Esau himself, or the personal dominion of Jacob over him: for the words brethren and sons of thy mother, could not be used literally by Isaac, who knew Jacob had only one brother; and these words are so far from being true in a literal sense, or establishing any dominion in Jacob over Esau, that in the story we find the quite contrary, for Gen. xxxii. Jacob several times calls Esau lord, and himself his servant; and Gen. xxxiii. he bowed himself seven times to the ground to Esau. Whether Esau then were a subject and vassal (nay, as our author tells us, all subjects are slaves) to Jacob, and Jacob his sovereign prince by birth-right, I leave the reader to judge; and to believe if he can, that these words of Isaac, Be lord over thy brethren, and let thy mother’s sons bow down to thee, confirmed Jacob in a sovereignty over Esau, upon the account of the birth-right he had got from him.
... He that reads the story of Jacob and Esau, will find there was never any jurisdiction or authority, that either of them had over the other after their father’s death: they  lived with the friendship and equality of brethren, neither lord, neither slave to his brother; but independent each of other, were both heads of their distinct families, where they received no laws from one another, but lived separately, and were the roots out of which sprang two distinct people under two distinct governments. This blessing then of Isaac, whereon our author would build the dominion of the elder brother, signifies no more, but what Rebecca had been told from God, Gen. xxv. 23. Two nations are in thy womb, and two manner of people shall be separated from thy bowels, and the one people shall be stronger than the other people, and the elder shall serve the younger; and so Jacob blessed Judah, Gen. xlix. and gave him the scepter and dominion, from whence our author might have argued as well, that jurisdiction and dominion belongs to the third son over his brethren, as well as from this blessing of Isaac, that it belonged to Jacob: both these places contain only predictions of what should long after happen to their posterities, and not any declaration of the right of inheritance to dominion in either. And thus we have our author’s two great and only arguments to prove, that heirs are lords over their brethren.
1. Because God tells Cain, Gen. iv. that however sin might set upon him, he ought or might be master of it: for the most learned  interpreters understood the words of sin, and not of Abel, and give so strong reasons for it, that nothing can convincingly be inferred, from so doubtful a text, to our author’s purpose.
2. Because in this of Gen. xxvii. Isaac foretels that the Israelites, the posterity of Jacob, should have dominion over the Edomites, the posterity of Esau; therefore says our author, heirs are lords of their brethren: I leave any one to judge of the conclusion.
... And now we see how our author has provided for the descending, and conveyance down of Adam’s monarchical power, or paternal dominion to posterity, by the inheritance of his heir, succeeding to all his father’s authority, and becoming upon his death as much lord as his father was, not only over his own children, but over his brethren, and all descended from his father, and so in infinitum. But yet who this heir is, he does not once tell us; and all the light we have from him in this so fundamental a point, is only, that in his instance of Jacob, by using the word birth-right, as that which passed from Esau to Jacob, he leaves us to guess, that by heir, he means the eldest son; though I do not remember he any where mentions expresly the title of the first-born, but all along keeps himself under the shelter of the indefinite term heir. But taking it to be his meaning, that the eldest son is heir,  (for if the eldest be not, there will be no pretence why the sons should not be all heirs alike) and so by right of primogeniture has dominion over his brethren; this is but one step towards the settlement of succession, and the difficulties remain still as much as ever, till he can shew us who is meant by right heir, in all those cases which may happen where the present possessor hath no son.
... For the main matter in question being concerning the duty of my obedience, and the obligation of conscience I am under to pay it to him that is of right my lord and ruler, I must know the person that this right of paternal power resides in, and so impowers him to claim obedience from me: for let it be true what he says, p. 12. That civil power not only in general is by divine institution, but even the assignment of it specially to the eldest parents; and Observations, 254. That not only the power or right of government, but the form of the power of governing, and the person having that power, are all the ordinance of God; yet unless he shew us in all cases who is this person, ordained by God, who is this eldest parent; all his abstract notions of monarchical power will signify just nothing, when they are to be reduced to practice, and men are conscientiously to pay their obedience: for paternal jurisdiction being not the thing to be obeyed, because it cannot command, but is only that which gives one man a right which another hath not, and if it come by inheritance, another man cannot have, to command and  be obeyed; it is ridiculous to say, I pay obedience to the paternal power, when I obey him, to whom paternal power gives no right to my obedience: for he can have no divine right to my obedience, who cannot shew his divine right to the power of ruling over me, as well as that by divine right there is such a power in the world.
... And hence not being able to make out any prince’s title to government, as heir to Adam, which therefore is of no use, and had been better let alone, he is fain to resolve all into present possession, and makes civil obedience as due to an usurper, as to a lawful king; and thereby the usurper’s title as good. His words are, Observations, 253. and they deserve to be remembered: If an usurper dispossess the true heir, the subjects obedience to the fatherly power must go along, and wait upon God’s providence. But I shall leave his title of usurpers to be examined in its due place, and desire my sober reader to consider what thanks princes owe such politics as this, which can suppose paternal power (i. e.) a right to government in the hands of a Cade, or a Cromwell; and so all obedience being due to paternal power, the obedience of subjects will be due to them, by the same right, and upon as good grounds, as it is to lawful princes; and yet this, as dangerous a doctrine as it is, must necessarily follow from making all political power to be nothing else, but  Adam’s paternal power by right and divine institution, descending from him without being able to shew to whom it descended, or who is heir to it.
... I go on then to ask, whether in the inheriting of this paternal power, this supreme fatherhood, the grandson by a daughter hath a right before a nephew by a brother? Whether the grandson by the eldest son, being an  infant, before the younger son, a man and able? Whether the daughter before the uncle? or any other man, descended by a male line? Whether a grandson by a younger daughter, before a grand-daughter by an elder daughter? Whether the elder son by a concubine, before a younger son by a wife? From whence also will arise many questions of legitimation, and what in nature is the difference betwixt a wife and a concubine? for as to the municipal or positive laws of men, they can signify nothing here. It may farther be asked, Whether the eldest son, being a fool, shall inherit this paternal power, before the younger, a wise man? and what degree of folly it must be that shall exclude him? and who shall be judge of it? Whether the son of a fool, excluded for his folly, before the son of his wise brother who reigned? Who has the paternal power whilst the widow-queen is with child by the deceased king, and no body knows whether it will be a son or a daughter? Which shall be heir of the two male-twins, who by the dissection of the mother were laid open to the world? Whether a sister by the half blood, before a brother’s daughter by the whole blood?
... These, and many more such doubts, might be proposed about the titles of succession, and the right of inheritance; and that not as idle speculations, but such as in  history we shall find have concerned the inheritance of crowns and kingdoms; and if our’s want them, we need not go farther for famous examples of it, than the other kingdom in this very island, which having been fully related by the ingenious and learned author of Patriarcha non Monarcha, I need say no more of. ... And therefore all this ado about Adam’s fatherhood, the greatness of its power, and the necessity of its supposal, helps nothing to establish the power of those that govern, or to determine the obedience of subjects who are to obey, if they cannot tell whom they are to obey, or it cannot be known who are to govern, and who to obey. In the state the world is now, it is irrecoverably ignorant, who is Adam’s heir. This fatherhood, this monarchical power of Adam, descending to his heirs, would be of no more use to the government of mankind, than it would be to the quieting of mens consciences, or securing their healths, if our author had assured them, that Adam had a power to forgive sins, or cure diseases, which by divine institution descended to his heir, whilst this heir is impossible to be known. And should not he do as rationally, who upon this assurance of our author went and confessed his sins, and expected a good absolution; or took physic with expectation of health, from any one who had taken on himself the name of priest or physician, or thrust himself into those employments, saying, I acquiesce in  the absolving power descending from Adam, or I shall be cured by the medicinal power descending from Adam; as he who says, I submit to and obey the paternal power descending from Adam, when it is confessed all these powers descend only to his single heir, and that heir is unknown?
... It is true, the civil lawyers have pretended to determine some of these cases concerning the succession of princes; but by our author’s principles, they have meddled in a matter that belongs not to them: for if all political power be derived only from Adam, and be to descend only to his successive heirs, by the ordinance of God and divine institution, this is a right antecedent and paramount to all government; and therefore the positive laws of men cannot determine that, which is itself the foundation of all law and government, and is to receive its rule only from the law of God and nature. ... This paternal regal power being by divine right only his, it leaves no room for human prudence, or consent, to place it any where else; for if only one man hath a divine right to the obedience of mankind, no body can claim that obedience, but he that can shew that right; nor can men’s consciences by any other pretence be obliged to it. And thus this doctrine cuts up all government by the roots.
... Thus we see how our author, laying it for a sure foundation, that the very person that is to rule, is the ordinance of God, and by divine institution, tells us at large, only that this person is the heir, but who this heir is, he leaves us to guess; and so this divine institution, which assigns it to a person whom we have no rule to know, is just as good as an assignment to no body at all. But whatever our author does, divine institution makes no such ridiculous assignments: nor can God be supposed to make it a sacred law, that one certain person should have a right to something, and yet not give rules to mark out, and know that person by, or give an heir a divine right to power, and yet not point out who that heir is. It is rather to be thought, that an  heir had no such right by divine institution, than that God should give such a right to the heir, but yet leave it doubtful and undeterminable who such heir is.
... And therefore in scripture, though the word heir occur, yet there is no such thing as heir in our author’s sense, one that was by right of nature to inherit all that his father had, exclusive of his brethren. Hence Sarah supposes, that if Ishmael staid in the house, to share in Abraham’s estate after his death, this son of a bond-woman might be heir with Isaac; and therefore, says she, cast out this bond-woman and her son, for the son of this bond-woman shall not be heir with my son: but this cannot excuse our author, who telling us there is, in every number of men, one who is right and next heir to Adam, ought to have told us what the laws of descent are: but he having been so sparing to instruct us by rules, how to know who is heir, let us see in the next place, what his history out of scripture, on which he pretends wholly to build his government, gives us in this necessary and fundamental point.
... Our author, to make good the title of his book, p. 13. begins his history of the descent of Adam’s regal power, p. 13. in these words: This lordship which Adam by command had over the whole world, and by right descending from him, the patriarchs did enjoy, was a large, &c. How does he prove that the patriarchs by descent did enjoy it?  for dominion of life and death, says he, we find Judah the father pronounced sentence of death against Thamar his daughter in law for playing the harlot, p. 13. How does this prove that Judah had absolute and sovereign authority? he pronounced sentence of death. The pronouncing of sentence of death is not a certain mark of sovereignty, but usually the office of inferior magistrates. The power of making laws of life and death is indeed a mark of sovereignty, but pronouncing the sentence according to those laws may be done by others, and therefore this will but ill prove that he had sovereign authority: as if one should say, Judge Jefferies pronounced sentence of death in the late times, therefore Judge Jefferies had sovereign authority
... But allowing this all to be clear demonstration of sovereign power, who was it that had this lordship by right descending to him from Adam, as large and ample as the absolutest dominion of any monarch? Judah, says our author, Judah a younger son of Jacob, his father and elder brethren living; so that if our author’s own proof be to be taken, a younger brother may, in the life of his father and elder brothers, by right of descent, enjoy Adam’s monarchical power; and if one so qualified may be monarch by descent, why may not every man? if Judah, his father and elder brother living, were one of Adam’s heirs, I know not who can be excluded from this inheritance; all men by inheritance may be monarchs as well as Judah.
... Touching war, we see that Abraham commanded an army of 318 soldiers of his own family, and Esau met his brother Jacob with 400 men at arms: for matter of peace, Abraham made a league with Abimelech, &c. p. 13. Is it not possible for a man to have 318 men in his family, without being heir to Adam? A planter in the West Indies has more, and might, if he pleased, (who doubts?) muster them up and lead them out  against the Indians, to seek reparation upon any injury received from them; and all this without the absolute dominion of a monarch, descending to him from Adam. ... But making war and peace are marks of sovereignty. Let it be so in politic socities: may not therefore a man in the West Indies, who hath with him sons of his own, friends, or companions, soldiers under pay, or slaves bought with money, or perhaps a band made up of all these, make war and peace, if there should be occasion, and ratify the articles too with an oath, without being a sovereign, an absolute king over those who went with him? He that says he cannot, must then allow many masters of ships, many private planters, to be absolute monarchs, for as much as this they have done. War and peace cannot be made for politic societies, but by the supreme power of such societies; because war and peace, giving a different motion to the force of such a politic body, none can make war or peace, but that which has the direction of the force of the whole body, and that in politic societies is only the supreme power.
... The actual making of war or peace is no proof of any other power, but only  of disposing those to exercise or cease acts of enmity for whom he makes it; and this power in many cases any one may have without any politic supremacy: and therefore the making of war or peace will not prove that every one that does so is a politic ruler, much less a king; for then common-wealths must be kings too, for they do as certainly make war and peace as monarchical government.
... But all this scarce proves Abraham to have been a king as heir to Adam. If by inheritance he had been king, Lot, who was of the same family, must needs have been his subject, by that title, before the servants in his family; but we see they lived as friends and equals, and when their herdsmen could not agree, there was no pretence of jurisdiction or superiority between them, but they parted by consent, Gen. xiii. hence he is called both by Abraham, and by the text, Abraham’s brother, the name of friendship and equality, and not of jurisdiction and authority, though he were really but his nephew.
... In the next section, he tells us, This patriarchal power continued not only till the flood, but after it, as the name patriarch doth in part prove. The word patriarch doth more than in part prove, that patriarchal power continued in the world as long as there were patriarchs, for it is necessary that patriarchal power should be whilst there are patriarchs; as it is necessary there should be paternal or conjugal power whilst there are fathers or husbands; but this is but playing with names. That which he would fallaciously insinuate is the thing in question to be proved, viz. that the lordship which Adam had over the world, the supposed absolute universal dominion of Adam by right descending from him, the patriarchs did enjoy. If he affirms such an absolute monarchy continued to the flood, in the world, I would be glad to know what records he has it from; for I confess I cannot find a word of it in my Bible: if by patriarchal power he means any thing else, it is nothing to the matter in hand. And how the name patriarch in some part proves, that those, who are called by that  name, had absolute monarchical power, I confess, I do not see, and therefore I think needs no answer till the argument from it be made out a little clearer.
... The three sons of Noah had the world, says our author, divided amongst them by their father, for of them was the whole world overspread, p. 14. The world might be overspread by the offspring of Noah’s sons, though he never divided the world amongst them; for the earth might be replenished without being divided: so that all our author’s argument here proves no such division. However, I allow it to him, and then ask, the world being divided amongst them, which of the three was Adam’s heir? If Adam’s lordship, Adam’s monarchy, by right descended only to the eldest, then the other two could be but his subjects, his slaves: if by right it descended to all three brothers, by the same right, it will descend to all mankind; and then it will be impossible what he says, p. 19. that heirs are lords of their brethren, should be true; but all brothers, and consequently all men, will be equal and independent, all heirs to Adam’s monarchy, and consequently all monarchs too, one as much as another.
... He goes on, Most of the civilest nations of the earth labour to fetch their original  from some of the sons, or nephews of Noah, p. 14. How many do most of the civilest nations amount to? and who are they? I fear the Chineses, a very great and civil people, as well as several other people of the East, West, North and South, trouble not themselves much about this matter. All that believe the Bible, which I believe are our author’s most of the civilest nations, must necessarily derive themselves from Noah; but for the rest of the world, they think little of his sons or nephews. But if the heralds and antiquaries of all nations, for it is these men generally that labour to find out the originals of nations, or all the nations themselves, should labour to fetch their original from some of the sons or nephews of Noah, what would this be to prove, that the lordship which Adam had over the whole world, by right descended to the patriarchs?
... To as much purpose is what he tells us, p. 15. concerning this division of the world, That some say it was by Lot, and others that Noah sailed round the Mediterreanean in ten years, and divided the world into Asia, Afric and Europe, portions for his three sons. America then, it seems, was left to be his that could catch it. ... In the dispersion of Babel, we must certainly find the establishment of royal power, throughout the kingdoms of the world, p. 14. If you must find it, pray do, and you will help us to a new piece of history: but you must shew it us before we shall be bound to believe, that regal power was established in the world upon your principles: for, that regal power was established in the kingdoms of the world, I think no body will dispute; but that there should be kingdoms in the world, whose several kings enjoyed their crowns, by right descending to them from Adam, that we think not only apocryphal, but also utterly impossible. If our author has no better foundation for his monarchy than a supposition of what was done at the dispersion of Babel, the monarchy he erects thereon, whose top is to reach to heaven to unite mankind, will serve only to divide and scatter them as that tower did; and, instead of establishing civil government and order in the world, will produce nothing but confusion.
... The scripture says not a word of their rulers or forms of government, but only gives an account, how mankind came to be divided into distinct languages and nations; and therefore it is not to argue from the authority of scripture, to tell us positively, fathers were their rulers, when the scripture says no such thing; but to set up fancies of one’s own brain, when we confidently aver matter of fact, where records are utterly silent. Upon a like ground, i. e. none at all, he says, That they were not confused multitudes without heads and governors, and at liberty to choose what governors or governments they pleased.
... For I demand, when mankind were all yet of one language, all congregated in the plain of Shinar, were they then all under one monarch, who enjoyed the lordship of Adam by right descending to him? If they were not, there were then no thoughts, it is plain, of Adam’s heir, no right to government known then upon that title; no care taken, by God or man, of Adam’s fatherly authority. If when mankind were but one people, dwelt all together, and were of one language, and were upon building a city together; and when it was plain, they could not but know the right heir, for Shem lived till Isaac’s time, a long while after the division at Babel; if then, I say, they were not under the monarchical government of Adam’s fatherhood, by right descending to the heir, it is plain there was no regard had to the fatherhood, no monarchy acknowledged due to Adam’s heir, no empire of Shem’s in Asia, and consequently no such division of the world by Noah, as our author has talked of. As far as we can conclude any thing from scripture in this matter, it seems from this place, that if they had any government, it was rather a common-wealth than an absolute monarchy: for the scripture tells us, Gen. xi. They said: it was not a prince commanded the building of this city and tower, it was not by the command of one monarch, but by the consultation of many, a free people; let us build  us a city: they built it for themselves as free-men, not as slaves for their lord and master: that we be not scattered abroad; having a city once built, and fixed habitations to settle our abodes and families.
... All his instances, in the next section, p. 17. of the 12 dukes of Edom, the nine kings in a little corner of Asia in Abraham’s days, the 31 kings in Canaan destroyed by Joshua, and the care he takes to prove that these were all sovereign princes, and that every town in those days had a king, are so many direct proofs against him, that it was  not the lordship of Adam by right descending to them, that made kings: for if they had held their royalties by that title, either there must have been but one sovereign over them all, or else every father of a family had been as good a prince, and had as good a claim to royalty, as these: for if all the sons of Esau had each of them, the younger as well as the eldest, the right of fatherhood, and so were sovereign princes after their fathers death, the same right had their sons after them, and so on to all posterity; which will limit all the natural power of fatherhood, only to be over the issue of their own bodies, and their descendents; which power of fatherhood dies with the head of each family, and makes way for the like power of fatherhood to take place in each of his sons over their respective posterities: whereby the power of fatherhood will be preserved indeed, and is intelligible, but will not be at all to our author’s purpose.
... Having told us, p. 16, That the patriarchal government continued in Abraham, Isaac, and Jacob, until the Egyptian bondage, p. 17. he tells us, By manifest footsteps we may trace this paternal government unto the  Israelites coming into Egypt, where the exercise of supreme patriarchal government was intermitted, because they were in subjection to a stronger prince. What these footsteps are of paternal government, in our author’s sense, i. e. of absolute monarchical power descending from Adam, and exercised by right of fatherhood, we have seen, that is for 2290 years no footsteps at all; since in all that time he cannot produce any one example of any person who claimed or exercised regal authority by right of fatherhood; or shew any one who being a king was Adam’s heir: all that his proofs amount to, is only this, that there were fathers, patriarchs and kings, in that age of the world; but that the fathers and patriarchs had any absolute arbitrary power, or by what titles those kings had their’s, and of what extent it was, the scripture is wholly filent; it is manifest by right of fatherhood they neither did, nor could claim any title to dominion and empire.
... To say, that the exercise of supreme patriarchal government was intermitted, because they were in subjection to a stronger prince, proves nothing but what I before suspected, viz. That patriarchal jurisdiction or government is a fallacious expression, and does not in our author signify (what he would yet insinuate by it) paternal and regal power, such an absolute sovereignty as he supposes was in Adam. ... For how can he say that patriarchal jurisdiction was intermitted in Egypt, where there was a king, under whose regal government the Israelites were, if patriarchal were absolute monarchical jurisdiction? And if it were not, but something else, why does he make such ado about a power not in question, and nothing to the purpose? The exercise of patriarchal jurisdiction, if patriarchal be regal, was not intermitted whilst the Israelites were in Egypt. It is true, the exercise of regal power was not then in the hands of any of the promised seed of Abraham, nor before neither that I know; but what is that to the intermission of regal authority, as descending from Adam, unless our author will have it, that this chosen line of Abraham had the right of inheritance to Adam’s lordship? and then to what purpose are his instances of the 72 rulers, in whom the fatherly authority was preserved in the confusion at Babel? Why does he bring the 12 princes sons of Ismael; and the dukes of Edom, and join them with Abraham, Isaac, and Jacob, as examples of the exercise of true patriarchal government, if the exercise of patriarchal jurisdiction were intermitted in the world, whenever the heirs of Jacob had not supreme power?
... For I thought he had been giving us out of scripture, proofs and examples of monarchical government, founded on paternal authority, descending from Adam; and not an history of the Jews: amongst whom yet we find no kings, till many years after they were a people: and when kings were their rulers, there is not the least mention or room for a pretence that they were heirs to Adam, or kings by paternal authority. ... For I thought he had been giving us out of scripture, proofs and examples of monarchical government, founded on paternal authority, descending from Adam; and not an history of the Jews: amongst whom yet we find no kings, till many years after they were a people: and when kings were their rulers, there is not the least mention or room for a pretence that they were heirs to Adam, or kings by paternal authority.
... Our author goes on, and after them likewise for a time he raised up judges, to defend his people in time of peril, p. 18. This proves fatherly authority to be the original of government, and that it descended from Adam to his heirs, just as well as what went before: only here our author seems to confess, that these judges, who were all the governors they then had, were only men of valour, whom they made their generals to defend them in time of peril; and cannot God raise up such men, unless fatherhood have a title to government?
But says our author, when God gave the Israelites kings, he re-established the ancient and  prime right of lineal succession to paternal government, p. 18. ... How did God re-establish it? by a law, a positive command? We find no such thing. Our author means then, that when God gave them a king, in giving them a king, he re-established the right, &c. To re-establish de facto the right of lineal succession to paternal government, is to put a man in possession of that government which his fathers did enjoy, and he by lineal succession had a right to: for, first, if it were another government than what his ancestors had, it was not succeeding to an ancient right, but beginning a new one: for if a prince should give a man, besides his antient patrimony, which for some ages his family had been disseized of, an additional estate, never before in the possession of his ancestors, he could not be said to re-establish the right of lineal succession to any more than what had been formerly enjoyed by his ancestors.
... Next, there can be no re-establishment of the prime and ancient right of lineal succession to any thing, unless he, that is put in possession of it, has the right to succeed, and be the true and next heir to him he succeeds to. Can that be a re-establishment, which begins in a new family? or that the re-establishment of an ancient right of lineal succession, when a crown is given to one, who has no right of succession to it, and who, if the lineal succession had gone on, had been out of all possibility of pretence to it? Saul, the first king God gave the Israelites, was of the tribe of Benjamin. Was the ancient and prime right of lineal succession re-established in him? The next was David, the youngest son of Jesse, of the posterity of Judah, Jacob’s third son. Was the ancient and prime right of lineal succession to paternal government re-established in him? or in Solomon, his younger son and successor in the throne? or in Jereboam over the ten tribes? or in Athaliah, a woman who reigned six years an utter stranger to the royal blood?
... But how will our author prove that whensoever God made choice of any special person to be a king, he intended that the (I suppose he means his) issue also should have benefit thereof? has he so soon forgot Moses and Joshua, whom in this very section, he says, God out of a special care chose to govern as princes, and the judges that God raised up? Had not these princes, having the authority of the supreme fatherhood, the same power that the kings had; and being specially chosen by God himself, should not their issue have the benefit of that choice, as well as David’s or Solomon’s? If these had the paternal authority put into their hands immediately by God, why had not their issue the benefit of this grant in a succession to  this power? or if they had it as Adam’s heirs, why did not their heirs enjoy it after them by right descending to them? for they could not be heirs to one another. Was the power the same, and from the same original, in Moses, Joshua and the Judges, as it was in David and the Kings; and was it inheritable in one, and not in the other?
Here we come to the closing arguments and a sound and complete defeat of all of Sir Robert's argument:
... It is in vain then to say, that whensoever God chooses any special person to have the exercise of paternal authority, (for if that be not to be king, I desire to know the difference between a king and one having the exercise of paternal authority) he intends the issue also should have the benefit of it, since we find the authority, the judges had, ended with them, and descended not to their issue; and if the judges had not paternal authority, I fear it will trouble our author, or any of the friends to his principles, to tell who had then the paternal authority, that is, the government and supreme power amongst the Israelites; and I suspect they must confess that the chosen people of God continued a people several hundreds of years, without any knowledge or thought of this paternal authority, or any appearance of monarchical government at all.
To be satisfied of this, he need but read the story of the Levite, and the war thereupon with the Benjamites, in the three last chapters of Judges; and when he finds, that the Levite appeals to the people for justice that it was the tribes and the congregation, that debated, resolved, and directed all that was done on that occasion; he must conclude, either that God was not careful to preserve the fatherly authority amongst his own chosen people; or else that the fatherly authority may be preserved, where there is no  monarchical government: if the latter, then it will follow, that though fatherly authority be never so well proved, yet it will not infer a necessity of monarchical government; if the former, it will seem very strange and improbable, that God should ordain fatherly authority to be so sacred amongst the sons of men, that there could be no power, or government without it, and yet that amongst his own people, even whilst he is providing a government for them, and therein prescribes rules to the several states and relations of men, this great and fundamental one, this most material and necessary of all the rest, should be concealed, and lie neglected for 400 years after.
Before I leave this, I must ask how our author knows that whensoever God makes choice of any special person to be king, he intends that the issue should have the benefit thereof? Does God by the law of nature or revelation say so? By the same law also he must say, which of his issue must enjoy the crown in succession, and so point out the heir, or else leave his issue to divide or scramble for the government: both alike absurd, and such as will destroy the benefit of such grant to the issue. When any such declaration of God’s intention is produced, it will be our duty to believe God intends it so; but till that be done, our author must shew us some better warrant, before we shall be obliged to receive  him as the authentic revealer of God’s intentions.
The issue, says our author, is comprehended sufficiently in the person of the father, although the father only was named in the grant: and yet God, when he gave the land of Canaan to Abraham, Gen. xiii. 15. thought fit to put his seed into the grant too: so the priesthood was given to Aaron and his seed; and the crown God gave not only to David, but his seed also: and however our author assures us that God intends, that the issue should have the benefit of it, when he chooses any person to be king, yet we see that the kingdom which he gave to Saul, without mentioning his seed after him, never came to any of his issue: and why, when God chose a person to be king, he should intend, that his issue should have the benefit of it, more than when he chose one to be judge in Israel, I would fain know a reason; or why does a grant of fatherly authority to a king more comprehend the issue, than when a like grant is made to a judge? Is paternal authority by right to descend to the issue of one, and not of the other? There will need some reason to be shewn of this difference, more than the name, when the thing given is the same fatherly authority, and the manner of giving it, God’s choice of the person, the same too; for I suppose our author, when he says, God  raised up judges, will by no means allow, they were chosen by the people.
But since our author has so confidently assured us of the care of God to preserve the fatherhood, and pretends to build all he says upon the authority of the scripture, we may well expect that that people, whose law, constitution and history is chiefly contained in the scripture, should furnish him with the clearest instances of God’s care of preserving the fatherly authority, in that people who it is agreed he had a most peculiar care of. Let us see then what state this paternal authority or government was in amongst the Jews, from their beginning to be a people. It was omitted, by our author’s confession, from their coming into Egypt, till their return out of that bondage, above 200 years: from thence till God gave the Israelites a king, about 400 years more, our author gives but a very slender account of it; nor indeed all that time are there the least footsteps of paternal or regal government amongst them. But then says our author, God re-established the ancient and prime right of lineal succession to paternal government.
What a lineal succession to paternal government was then established, we have already seen. I only now consider how long this lasted, and that was to their captivity, about 500 years: from thence to their destruction by the Romans, above 650 years  after, the ancient and prime right of lineal succession to paternal government was again lost, and they continued a people in the promised land without it. So that of 1750 years that they were God’s peculiar people, they had hereditary kingly government amongst them not one third of the time; and of that time there is not the least footstep of one moment of paternal government, nor the re-establishment of the ancient and prime right of lineal succession to it, whether we suppose it to be derived, as from its fountain, from David, Saul, Abraham, or, which upon our author’s principles is the only true, from Adam.
Next in our series will be a 2 or 3 part presentation The Radical Ideals of Liberalism: Freedom to NOT live by another’s leave, Part 4. It will begin the examination of the very foundations of our American Republic and a model for Representative Democratic Republican Systems of governance: OF CIVIL-GOVERNMENT Two Treatises of Civil Government by John Locke the Second Treatise