number of freemen, capable of a majority, to unite and incorporate into fuch a fociety. And this is that, and that only, which did or could give beginning to any lawful government in the world."

Every man has the uncontrouled right of difcuffing thefe fubjects with freedom: and in the progrefs of my investigation, I readily declare my opinion, that my predeceffors of all ages, and of all defcriptions, have feen, understood, and explained them, with as much perfpicuity and precifion, as the most illuminated philofopher of these discovering days of innovation.

« With Cicero, I think there is nothing done on earth more acceptable to the great God, who rules the world, than the affociations of men legally united, which are called civil incorporations, whofe feveral parts must be as compactly joined together as the feveral members of our body, and every one must have their proper function, to the end there may be a mutual co-operating for the good of the whole, and a mutual propelling of injuries, and a foreseeing of advantages, and these to be communicate, for engaging the benevolence of all amongst themselves."

Buchanan of the due Privilege of the Scots Government in England, p. 179.

D 3

Although

Thefe fubjects predeceflors as dem illumina

difcuffed by our

well as by mo

tors.

Although we are now confidering the Rights of Man in the real actual state of his phyfical existence and political incorporation with fome community, we are not to lofe fight of the rights, which he enjoyed in the pure ftate of nature; for as I before obferved, these rights were never given up nor deftroyed, but were transferred only from the individual to the body at large. Now although there have existed many differences and difputes about the rights of the community, All power ori- or of the people; yet I find all writers unanimous in tracing or deducing them from Almighty God, as the fource of all right, power, and authority whatfoever: for to whom we owe our exiftence, to him we owe all the benefits and advantages of that existence.

ginally from

God.

"Seeing, the apoftle fays, (Rom. xiii. 1.) that all power is from God, laws, which are made by men (who for this end and purpofe receive their power from God) may alfo be affirmed to be made by God, as faith the author of a book going under the naine of Autor Caufarum; whatsoever the fecond doth, that doth the first cause, but in a more excellent manner." And ↑ "There is no power but of God; that is, no

Fort. de Laud. Leg. Ang. c. iii. p. 5.

+ Milton's Defence of the People of England, p. 64. form,

form, no lawful conftitution of any government. The moft ancient laws, that are known to us, were formerly afcribed to God as their author. For the law, fays Cicero in his Philipp. is no other than a rule of well grounded reafon, derived from God himself, enjoining whatever is juft and right, and forbidding the contrary. So that the inftitution of magif. tracy is jure divino, and the end of it is, that mankind might live under certain laws, and be governed by them; but what particular form of government each nation would live under, and what perfons fhould be entrusted with the magistracy, without doubt, was left to the choice of each nation."

It is as far from being a modern discovery, as it is from being a falfe pofition, that all civil or political power is derived from the people. So Sir John Fortefcue faid many centuries ago. * "As in the natural body (according to the philofopher) the heart is the first thing, which lives, having in it the blood, which it tranfmits to all the other members, thereby imparting life and growth and vigour; fo, in the body politic, the first thing, which lives and moves is the intentionof the people, having in it the blood, that is,

• Fortefc. de L. L. Angliæ, c. xiii. c. 22.

D 4

the

Inftitution of magiftracy jure divino.

The choice of

government in

the community.

the prudential care and provifion for the pub-
lic good, which it tranfmits and communi-
cates to the head, as the principal part, and
to all the rest of the members of the faid body
politic, whereby it fubfifts and is invigo-
rated. And as the head of the body natural
cannot change its nerves or finews, cannot
deny to the several parts their proper en-
ergy, their due proportion and aliment of
blood; neither can a king, who is the head
of the body politic, change the laws there-
of, nor take from the people what is theirs.
by right, against their confents. Thus you
have, Sir! the formal inftitution of every po-
litical kingdom, from whence you may guess
at the power, which a king may exercise with
respect to the laws and the fubject: for he
is appointed to protect his fubjects in their
lives, properties and laws; for this very end
and purpofe, he has the delegation of
from the people; and he has no just claim
to any other power but this." Thefe fun-
damental principles of government were not
then first discovered by modern theorists,
who would aim at the abolition of all kingly
power; but they were inculcated between
three and four hundred years ago by a fage
and learned chancellor of England, into the
heir apparent to the crown, at a time, when

power

the

the slightest deviation from the ftraight line of conftitutional polity would, in the judgment of a Fortescue, have more effectually weakened the throne, than the most desperate and inhuman efforts of the different competitors for the crown, who were actually then deluging the nation with blood, and overwhelming it with wretchednefs. This fundamental principle of general government has been fo unexceptionably admitted by perfons of every description, that it feems to have been received as a political axiom. "By the law of nature God hath ordained, that there fhould be political government unto one or more, according to particular forms thereof, as monarchy, aristocracy, democracy, or mixt; wherein is to be noted, that the ordination of God, by the law of nature, doth give political power unto the multitude immediately, and by them mediately to one or more."

As effential as fociety is to the phyfical state or condition of man, fo effential is fove

reignty or government to fociety. "Pea

t

ple, if they would engage the protection of the whole body, and join their force in enterprizes and undertakings calculated for the common good, muft voluntarily refign fome

* Parfon's answer to Sir Edward Coke, c. ii. p. 26. + Prieftly upon Government, p.

part

Sovereignty or

government as

effential to fo

ciety as fociety

is to mankind.