form, no lawful conftitution of any government. The most 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 reason, derived from God himself, enjoining whatever is just and right, and forbidding the contrary. So that the inftitution of magiftracy 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 magiftracy, 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 false position, 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 intention of 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.

gated from the people.

the prudential care and provifion for the public good, which it tranfmits and communicates to the head, as the principal part, and to all the reft of the members of the faid body politic, whereby it fubfifts and is invigorated. And as the head of the body natural cannot change its nerves or finews, cannot deny to the feveral parts their proper energy, their due proportion and aliment of blood; neither can a king, who is the head of the body politic, change the laws thereof, nor take from the people what is theirs by right, against their confents. Thus you have, Sir! the formal inftitution of every political kingdom, from whence you may guess at the power, which a king may exercise with refpect to the laws and the fubject: for he is appointed to protect his fubjects in their

All power dele- lives, properties and laws; for this very end and purpose, he has the delegation of power from the people; and he has no juft claim to any other power but this." Thefe fundamental 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

the

the flightest deviation from the ftraight line of constitutional 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 defcription, that it féems 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 ftate or condition of man, fo effential is fove

reignty or government to fociety. "Peo†

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 some

* Parfon's answer to Sir Edward Coke, c. ii. p. 26. Prieftly upon Government, p. 6.

part

Sovereignty or

government as

effential to fo

ciety as fociety

is to mankind.

part of their natural liberty, and fubmit their conduct to the direction of the community; for without these conceffions, fuch an alliance, attended with fuch advantages, could not be formed." The weight of authority, for this fundamental principle of government, all power is from the people, is almost unexceptionable: the few, who have at any time queftioned or denied it, have either misconceived it themselves, or in the heat of great contention, have obftinately refused to fubmit even to the truth of their antagonists. Like other truths, this has frequently met with oppofition and refiftance from the attempts of the ignorant to misrepresent, and the wicked to abufe it.

When I lament the pliancy, with which many of my well meaning countrymen are feduced by the fophisticated arts and malice of fome few, I feel at the fame time a fatisfaction at their difpofition to seek the truth, which infpires me with an uncommon ardor to fet it before them in fo clear a light, that they shall not fhut their eyes against it. * « Nec tam pertinaces fore arbitror, ut clarifsi

Lactantius.-If to my more informed readers I appear guilty of pleonasm, I beg to be understood to have written this work with a view to point out the true road to those, that are ignorant, or have been misled.

тит

mum folem, fanis atque patentibus oculis videre fe negent.'

1

* "That fociability in mankind, or inclination to live in company, is by nature, and confequently ordained by God, for the common benefit of all, is an eafie thing to prove; feeing that all ground of realms and commonwealths dependeth of this point, as of their first principle; for that a common-wealth is nothing else, but the good government of a multitude gathered together, to live in one; and therefore all old philofophers, law-makers, and wife-men, that have treated of government or common-wealths; as Plato in his ten moft excellent books, which he wrote of this matter, intituling them, Of the Common-wealths; and Marcus Cicero, that famous counsellor, in other fix books, that he writ of the fame matter, under the fame title; and Aristotle, that perhaps, excelleth them both, in eight books, which he called his Politiques: all these, I fay, do make their entrance to treat of the common-wealth affairs, from this first principle, to wit, That man by nature is fociable, and inclined to live in company.

"These two points then are of nature; Government is

Dolman's Conference about the next Succeffion to the Crown of England, firft printed in 1594, and reprinted in 1681.

of nature.

to