A97353:65
The second part of The nonconformists plea for peace being an account of their…
The second part of The nonconformists plea for peace being an account of their principles about civil and ecclesiastical authority and obedience ... : mostly written many years past, and now published to save our lives and the kingdoms peace, from the false and bloody plotters ... / by Richard Baxter.
London: printed for John Hancock, 1680
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
And the foresaid Greg. Sayrus saith Clav. Reg. l. 3. c. 6. p. 134. That mens Laws bind not, unless the people receive them. For it is not meet that men should be so governed by humane power, as that they should against their will be driven by a Law, to do any thing, which neither by the Law of Nature nor of God they are bound to do:—And this must not seem hard or absurd to any one, seeing that the power of the Prince who is the maker of the Law, seemeth in a sort to depend on the will of the people, because the authority of Secular Power is delegated to the Prince himself or Magistrate by the people, for the making of Laws which shall seem profitable to the good moderating of the Common-wealth; so that the Laws which are made by Princes or Magistrates, are therefore to be called valid, because they are judged to have come from the consent of the people themselves.
Hence Alph. à Castro gathereth, That if a Prince or Magistrate having such power from the people, would by a Law of his making compel the gainsaying people to any thing which is not necessary by the Law of God or Nature, he is to be judged a Tyrant; because he exerciseth greater power toward the people committed to him than he truly hath. But à Castro showeth, that this is to be understood only of the Lay power; because only this receiveth its strength from the people.
Hence Alph. à Castro gathereth, That if a Prince or Magistrate having such power from the people, would by a Law of his making compel the gainsaying people to any thing which is not necessary by the Law of God or Nature, he is to be judged a Tyrant; because he exerciseth greater power toward the people committed to him than he truly hath. But à Castro sheweth, that this is to be understood only of the Lay power; because only this receiveth its strength from the people.
And p. 120. he showeth, that a Law binds not, if it extend to those things, which exceed the Law-makers power: and that therefore the Civil Magistrates cannot make Law of matters Ecclesiastical.—Also if they are not for the common good—