Mr. Rich. Hooker's Popular polver [o'nfuted. An["': This is oft affirmed, but no proof at all of it : ln many Nations the ReprefentativtJ "of the whole Bcdy have the Legifl•tive power, or par-t of ir. But that is from the [peci.!Jl conftitutio;z of that p:~rticular Common·wealth, and not fromNPture, nor common to all Nations. All that naturally belong 7 tth ro the people tU fuch, was but to ciJoofe their LaJV~makers, and fce~tre thtir libertitS , and not to rnakc Laws themfc:lves by · thc:rnfclVes, or.mecr reprefenters~ . . 9·21· Obj~cr.to.. Lib. s.·p. 221 · [ForofthiJtbing itopzandoubwb, namely, tbJt inoU f,"ittiCJ, Objea. 10. Companies and Corporation!, what jtvera&y tacbjhall be bound #nto, it mufl be witb all their affintJ ra~ tificd : Againft all equity it Were that a·man·jhoxld fuffer detrimmt at the Hands of menf or not obferv– i11g th~t :Pbicb be never did eitbtr by him{elj or by othtrl, mediauly or im'mediate!:J ~grte to.- .--] Anfw. I am one that more than doubt of that which you fay no m1n doubteth of. Do you not A 1i fa much as except God1 LiiwJ, and all thofe thar only do r:nforct 'them, or di-ive men ro obey them? n FP• As men are obliged to obey God, whether .they confent or not; fo are they to obey the Laws of their 'Sovenigns, though they never confcnted ro them, no nor to their Soveraignry, as long as thry art member.s of that Common-wealth, to the Govcmment whereof the Soveraign is lawfully called : Million.~ of diffcnters may be bound to obey, till they quit the Society. 9· 22· ObjeCt. Il• Lih. 8, P· 205. [If Magifltater bi H,.dr of tb' Church, they are of Neceffity Objea. II• Chtiftionr, ] · · AnjJP. That can never be proved. A Conftitutive Hrad indeedmtt/1 be a Chri{lian and more, even An[g). 11 Paftor,t~.ap.:rticu):~r Church, and Chrijb to· tht univerfa/. This Headibip our Kings difclaim: But a Head cf tlu Church, that is-, Over tlu f!:hurch, or a Coercive Governour of it, the King would be if he were noChrijlian. As Qne that is no Phyficion may be Head over all the Phyficions in his Kingdom; or though he be no Philofopher, or An if\, hc·may be Head over all the Philofvphers and A!tifi:i; and in oU tbeir Caufos have the Supream Cotrcive ...powtr; fo would the King over all Protejl:anlJ if he were n~ Proff}iant, and over all ChrijfianJ.if'J he were no Chrijlian? Bu.t you think that he that ir no mtmbtr of the Chu;ch caMnot be the Head of it--: I' anfwer, Not a Conftitutive Effential Head as thePaftar is ~ But he may be the Head over it, and have 11Jl the coercivepower over it. What if the King be not a mc:mber of many Corporations in his Kingdom ? Yet as he is Head of the Kingdom, he is Head of " or over 1 hem as they are parts of ir. 1 9·23· Objc<fr. I2· Lib.8. P· 2I8, 213, 224. [W!w puwer the King bath, ht lwb i1 by Law: Obje/l.u. the bounds flnd limit1 of it are ltnown; the entire c8mmuni1) giveth order, &c. p. 223• A1 f or thl?m that exer,ifepower altogether ag11inft order, although the kJnd of power which they have may be ofGod, yee · is their cxercife tberetf ag~Jinjl: God, and .thrrefore noe of God, otherwift than by permiffion, ill all in– jujiice i1. Pag. 224· VfurperJ of Powe~, whereby we do mt mepn them that.by violence have a/fired unto placrs of bigheji 4ttthority, but tbem tbat ujt more authority th.zn they did ever rec~ive in form 11nd manner before mentWned---·Such.Vfurpers thereof tJJ ' in the exercife of their power do mort 1han they have been amhorized to de, camrot in confcienCe bind any man to obedience.] A1t{w. It 'is nue that no man c~n cxercife more power 1 than h~ harh : The power thar we fpeak Anfr:v. of being i~tD"ict, J ur ret.endi, it is impoffible to ufe more Authority than they have ; though they may command beyond and withollt authority. And it is1true, that where a man hath no aurhori... ty or right to commanQ, he cannot direllly 1bind to obedience. But yet a Ruler may cxcrcife more power [hal) Man ever gaver!him, and oblige men to obedience thereby. God giveth them Power to Govern for hi4 Glory, according to this-Laws, and to promote Obedienct! to thotC: Laws of God (in Nature and Scripture ) by fubo[;dinate Laws of their owri. And all this the Soveraign may do, if the people at the choice of him or his famlly, fhould only fay, We ta~e Y'" f or our Sover11ign Ruler : l-'or then he may do all that true Reafon or Scripture make the work of a Soveraign Ruler ; even Govern the people by all fuch jufi means, as tend to the publick good and their everlafting happi~,efs : And yet diat plop\e that fhould do no more hut choofc perfons or families to Gavern ·11Jtm, and fct them no bounds, dorh Give no Power to thofc they choofc, but determine if tbe perfon~ that !ball have power frem God. Yet it is granted you, that if the pcrfon or family chofen contraCt with rhern to Govern only wirh 'fuch and fuch limitations, they have bound tiJemfolvu by their own contraCt ; al)d thus both fleeifications of Government and DegreeJ of power come in by men : But alwayes diltingui!h, 1· Between the peoples Giving away their Propriety ( in rheir Good;, LttbourJ, &c. ) (which they may do ) and giving .Authority, or Governing power (which they have not Po_u.·n.u l\.}J.ri– to give.) 2.Between their Naming tht per{o111 that Chall receive it from rhe Univerfal King, and tabs eft a: Giving, it 'hemfelves. 3· Between bounding and limiting Power, and Giviltg Power. . 4 • And between ~;?: e~pplt-. a Soveraigns binding himfelf by ~onlra{J, and being baund by the Authority of otherJ. If they be li~ te!l~~j, Jaj po mited by contral1J, which are commonly called the Conjiitutive or fundamental Law1, it is their own ccn:1m pcrfo~ confent and conrrali that df~:d:ively ohligeth and limiteth them; of which indeed the Peoples will may ;;am ex. ~on~e t_he Occafion, when they rcfolve that they will be governed on no othe~ terms; But if the contralJ <~~~u1 ;;~1~~~~: hm1t them not, bur they be chofen firoply to be thefumm.e Poteft.zta, wlthour naming any panicu· ipfum jusnon Jar powers either by concdlion or rcftraint, than as to Ruling they arc Abfolutt as to men, and Ji- datur. N1m mited only by God, trom whofc higbtjl: Power they can never be exempt, who in Nature and Scri- fi ex confenfu pture reftraineth them from all that is impi.ottl acd unjHft, again(\ his Lanu and honour, or ag1inf1 1e~re~~~fet;f~retiam difiOlvi matrimonium, :tut conveniri r!C m1ritus fttmin<E imperaret. Quid miniMe ventm ell. Imperatoria porell:as non cfl penes E!etl:~oms : ergo nee ab ipfis JJ.tur; fc:l ab ipfi, t;nn C•I c~nz perfcnx :~pp!icatur. Jus vitz & necis non eft p~ne) cives anrcquam in rempub!i– ca~ coe:~.m. Privatus enim jus vir.dodx non habet : ab iil.1tm tamcn applicator a.d crerum aut pcrfomm aliquam. Grotill4 de Jt,"1· pmo p. 11o. Ccccccc;: the
RkJQdWJsaXNoZXIy OTcyMjk=