Baxter - BJ1441 B3 1673

10 Of the 'Nature and [aufes of Gowrmnellt. As whtn God hath already determined what authorily the Husband fhall have over the ·wife the WtiC by chooling him to be her Husband givetb him not his power, but onlycboofetb the manto~hom God givttb it by hi1]Lmding L.m>: Though about the difpoftng of ber ejlate, Che may limit him by pre-ccntrads: Bm if fhe contraCt againfi: hi1 Government, it is a conuadiC\:ion and null. Nor jf he 'abuf~ biJ power, doth it at all fall into her hands. . If the King by Charter give power to a Corporation to choofe their Mayor or mher Officer, they do but nomiHate the pcrfor.J. that fh:~ll receive it; but it is the KingJ Chatttr, and not they that give him the power. ' If a Sou\dicr voluntarily !ill himfelf under the Kings General, or other Commanders; he doth bur cboojf tbeman rh:a fluI\ cOt~man~ him, but it is the K~ngs Commi~ion·that g~veth him tke power to commJnd thok that volunt:m!y fo 111\ them[elves. And 1f rhc authoruy be abufcd or f01feited, it is not info the Souldiers lunds, bur into the Kings. Fr.op. 6. 9· 7 p,,p. 6. The Conllituting·Confent or Con met of Ancefiors obligeth all th~ir pofieriry, if tiJty neill IJ.Jvt any of the prot.etrip;J or mher bwcfit of Government, to fiand to the confiilution; ElfC Guvcrnmems 010uld be fo uc{i:tlcd and mutable as to be uncapable of their proper End. Prop. 7• 9· 8. Prr:p. 7· God hath neither in nature or Scripture, dtatc.d this Powerof Government,in whole or So foo!ilh anJ in put, upon the pcoph: of a meer Community, ( much ldS on Subjects ) whether Nvbleor Ignoble, bld rs the Lezrnr.d or unleamed, the part of the Community, or the whole body, Real or Reprc.femative; The multituJe t.:..<:' pw ple as fuch, have not this Power, either toVfe or to Give : But the abfolute Sovcu ign of all rhe o;le: 1_, 'h·/:· lt .world, dorh ccmn 1 unicate the Soveraign power in every Kingdom or other fort of Common~wealth ;,::h:1\f7r/~: from bimftlf lmmtdiat_dy : I fay, Immediately; not. without the Mediation of an Injlmmcm fignijj•ing prob;~.b'e, thlt hif rri/L: for the Law of Nature and Scripture are hu Inftr-ument, and ·the Charter of Authority : nor a wile m:m yet fo Immcdiate~y as without any kind of medium; for the Conftnt and Nomin.1ti01t of the Commu– ~~~u~~ n~i~~~- niry before exprtlTtd~ may ~c Con~itio fin~ ~.ua non, fo ~ar as aforefaid: B~t it is fo Immedi.:Jtely from fclf~ for h:s God, as t~at the1e IS no Jmmedzate R.eczpzent, to recetve the power fufi from God, and convey it to Couatrey, be- tht: Sovera1gn. . . Clufe wirdom · ~s0;o~i:~rSf. caft away for the commodity of fools. L:tc'it. jn Arijl.ip. But a w;fe man 1uun be wife for others, and not ~n'y Prop. 8. §. 9· Prop. 8. The Nl tura1 power of individual perfons over thernfelves is tota fpecie different from lt w:~s one of t~is Poli£ical or Civil Power. ~nd ~t is not t~c: Individuals refign~tion of t~is. Natural power of felf.. the Rom:m dtlpofJl, unto one or mou, wh1ch JS the effic1ent Caufe of Sovera1gnty or C1v1l Power. 'ta'lls of the h'elve Tables, Verd· ndi fi'ium p:Hri potellas c!lo. Rut rhis L:lw r2rher give1h the F.tther that power, thJn dedareth it to be natur.l~ly in him. N.1turc: allowecb 0 m no other fd!ing of hm1 1 cbln whu is for his Chdds 0 1\'ll go~. Prop.~. 9· !O· Frop.9. If you take the word [Law J properly, for the txprrffion of a Rulm WiU obliging the Gvvcrmd, ~r mak,Jnt, tbeir dttty; and not improperly for meerCcmra[iJ becwc:cn the Soveraignand the peo?le, then it is clc.u in tbe dct_inicion it felf, that neither Subjtl)s, nor the Communjty as fuch have any Lcgijl.;tiveporver: Neither NHure nor Scripture hath givc11 the people a Power of mabJ»g Law1, either by tbtmfilvcs, or wi[h the Soveraign; Either the foie power or a part of it : Bur the ve– ry Nature of Governmc~nt requireth, that d,e whole Legijl.:Jtivt power, that is, the powt:r of making Governi11g LawJ, bell)ng to the fumma MajeJTon or Soveraign alone. ( Unlefs when rhe fumma ptiteftM is in rna11y hands, you compare the partakers among themfdvcs, and call ont _·Party tht Sover:Jign, as having more of the Soveraigmy than the reH ). For thofc that are no Governours a[ all, cannot per– form the chief afr of Government, which is the making of Governing-Laws: But the people are no Govcrnours at ail, either as a Community, or as S•ubjeas : So that you may eafily perceive that all the Arguments for a nawral Dtmocracy are built upon falfe fuppofidons; and where ever the Ptople . have aHy part in the Sovtr:~ij.nly; it is by the ajier-Conjlitution, and not by Nature; A1,1d that Kings receive not their Power from the pcr.ples gift, ( who never had it thcmfclves to ufe OI give), but from God alone. 9. 1 I· Prop. to. Though God have not made an Univerfal determination for any one fort ofGovern~ ment,againfi the reil; (whether Monar.chy,Arifiocracy or D:!mocracy)becau.fe that is bett for one people which may be worfe for others, yet ordinarily Mqnarchy is accounted better than AriJtocra'y; and Arifiocracy better than Democracy: So muc:h briefly of the Original of Power. · Objefl, I· §. I2· Object. (o But ( r.ith worrhy Mr. Richard Hook!r) Eccl. Pol. I. I.§. IO. P· 2 '· [ Tb t which Sop. 13. The tre jpak._e 9 f the power ofGovernment, mujf lure be applyed to the power of m31{jng LawJ, rvbeteby togo 4 f:amQe:r~r 1 of vern : whicb potver God bath over aU; and by tbe"Natural Law whereto be h:uh m.Jde aY fubjell, the t~;,0;~~~~:th lawful power ofma~ing LawJ to comma1zd whole politicl(_focieties of men, belongttb fo properly to the ~cofta t. 1 c.5- fame entire focietiu, tbat for any Prince or PoteNtate of what kjnd foevtr upon etJrtb, to cxercife tht fame p. 10S. with of himfc)f, and not either by txprtji Commif!ion immdiately and perfon.Jl/y received from God, or eJfe by m:my otbed Autbority derived at firft from tbeir Conftnt, ypon who{e per{ons they impo{e LawJ, it H H9 better tb.an meer bcft:Nts an ".{yranny. Law1 they are not thercfl!re, which pubJick,. approb.:Jtion bath not made [o.] :1p s. An[w. Bt:caufe the Authority of this famous Divine is with his Party fo great, ~{hall adventure to Avfrr. fay {omtthing, Id\ his words do the more harm; but not by confident oppojition, but humble propofal and fubmiffio~t of my judgernC:nt ro fuperiours and wifer men, as being con{Cious of my own inferi· oriry and infirmity : I take all this to be an alfertion no where by him proved : ( and by me elfe· where

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