Irenicum, to the lovers of truth and peace heart-divisions opened in the causes and…

For first,¹ from whence is the rise of all Civill Power that any man, or society of men, are invested with? is it not from the generality of the men, over whom they have power? Is it not the power which they themselves had, and which they might have kept amongst themselves? For who can say, that a Democracy is a sinful Government in it self? True, God establishes it upon particular men by his Ordinance, after it is given to them by the people, but the first rise is from them; and if so, then they should make no law to bring those men under punishment, who gave them their power, but such a Law as these men may possibly come to understand, to be equal and just, for they act their power: and it must be supposed, that they never intended to give a power beyond this. Those who give power, may limit power; they may give part to one, part to another; they may limit the matter about wch ⟨p. 50⟩the power shall be exercised, it shall go so far, and no further; the utmost limits cannot go beyond these rules of Justice which they are capable to understand. Hence it is, that all men in our Law, are tried Per pares, by their Peers, because it is to be supposed, that they are to be accounted offenders and to be punished; only so as those who are equal with themselves, shall judg them worthy; and this likewise is the reason that Courts are in public, no man is to be shut out, because all men that will may behold the trial, and justify the proceedings of Justice against offenders: It must needs be supposed then, that the rules by which the Judges go, must be the rules of common equity and justice, that all men may understand; beyond what these rules will reach to, the Civill State is not to punish, not every thing that men of deep judgements and strong parts, may apprehend to be evil.

For first,¹ from whence is the rise of all Civill Power that any man, or society of men, are invested with? is it not from the generality of the men, over whom they have power? Is it not the power which they themselves had, and which they might have kept amongst themselves? For who can say, that a Democracy is a sinfull Government in it selfe? True, God establishes it upon particular men by his Ordinance, after it is given to them by the people, but the first rise is from them; and if so, then they should make no law to bring those men under punishment, who gave them their power, but such a Law as these men may possibly come to understand, to be equall and just, for they act their power: and it must be supposed, that they never intended to give a power beyond this. Those who give power, may limit power; they may give part to one, part to another; they may limit the matter about wch