Answ. It is true that no man can exercise more power than he hath: The power that we speak1 of being [Greek or Hebrew], Jus regendi, it is impossible to use more Authority than they have; though they may command beyond and without authority. And it is true, that where a man hath no authority or right to command, he cannot directly bind to obedience. But yet a Ruler may exercise more power than Man ever gave him, and oblige men to obedience thereby. God giveth them Power to Govern for his Glory, according to his Laws, and to promote Obedience to those Laws of God (in Nature and Scripture) by subordinate Laws of their own. And all this the Sovereign may do, if the people at the choice of him or his family, should only say, We take you for our Sovereign Ruler: For then he may do all that true Reason or Scripture make the work of a Sovereign Ruler; even Govern the people by all such just means, as tend to the public good and their everlasting happiness: And yet that people that should do no more but choose persons or families to Govern them, and set them no bounds, doth Give no Power to those they choose, but determine of the persons that shall have power from God. Yet it is granted you, that if the person or family chosen contract with them to Govern only with such and such limitations, they have bound themselves by their own contract; and thus both specifications of Government and Degrees of power come in by men: But always distinguish, 1. Between the peoples Giving away their Propriety (in their Goods, Labours, &c.) (which they may do) and giving Authority, or Governing power (which they have not2 to give.) 2. Between their Naming the persons that shall receive it from the Universal King, and Giving it themselves. 3. Between bounding and limiting Power, and Giving Power. 4. And between a Sovereigns binding himself by contract, and being bound by the Authority of others. If they be limited by contracts, which are commonly called the Constitutive or fundamental Laws, it is their own consent and contract that effectively obligeth and limiteth them; of which indeed the Peoples will may be the Occasion, when they resolve that they will be governed on no other terms:
Answ. It is true that no man can exercise more power than he hath: The power that we speak1 of being 〈non-Latin alphabet〉, Ius regendi, it is impossible to use more Authority than they have; though they may command beyond and without authority. And it is true, that where a man hath no authority or right to command, he cannot directly bind to obedience. But yet a Ruler may exercise more power than Man ever gave him, and oblige men to obedience thereby. God giveth them Power to Govern for his Glory, according to his Laws, and to promote Obedience to those Laws of God (in Nature and Scripture) by subordinate Laws of their own. And all this the Soveraign may do, if the people at the choice of him or his family, should only say, We take you for our Soveraign Ruler: For then he may do all that true Reason or Scripture make the work of a Soveraign Ruler; even Govern the people by all such just means, as tend to the publick good and their everlasting happiness: And yet that people that should do no more but choose persons or families to Govern them, and set them no bounds, doth Give no Power to those they choose, but determine of the persons that shall have power from God. Yet it is granted you, that if the person or family chosen contract with them to Govern only with such and such limitations, they have bound themselves by their own contract; and thus both specifications of Government and Degrees of power come in by men: But alwayes distinguish, 1. Between the peoples Giving away their Propriety (in their Goods, Labours, &c.) (which they may do) and giving Authority, or Governing power (which they have not2 to give.) 2. Between their Naming the persons that shall receive it from the Universal King, and Giving it themselves. 3. Between bounding and limiting Power, and Giving Power. 4. And between a Soveraigns binding himself by contract, and being bound by the Authority of others. If they be limited by contracts, which are commonly called the Constitutive or fundamental Laws, it is their own consent and contract that effectively obligeth and limiteth them; of which indeed the Peoples will may be the Occasion, when they resolve that they will be governed on no other terms:
- 1Answ.
- 2Potestas Maritalis est à Deo: applicatio ejus potestatis ad certam personam ex consensu venit: quo tamen ipsum jus non datur. Nam si ex consens•• daretur, posset consensu etiam dissolvi matrimonium, aut conveniri ne maritus foeminae imperaret. Quid minime verum est. Imperatoria potestas non est penes Electores: ergo nec ab ipsis datur; sed ab ipsis tamen certae personae applicatur. Jus vitae & necis non est pene• cives antequam in rempublicam coeant. Privatus enim jus vindictae non habet: ab iis••em tamen applicatur ad coetum ant personam aliquam. Grotius de Imperi• p. 270.
