A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
_Answ._ Power no more falleth to the multitude by escheat, than the
power of the pastor falls to the church, or the power of the physician
to the hospital, or the power of the schoolmaster to the scholars;
that is, not at all. When all the heirs are dead, they are an
ungoverned community, that have power to choose a governor, but no
power to govern, neither (as you distinguish it) in habit nor in act,
originally nor derivatively. As it is with a corporation when the
mayor is dead, the power falleth not to the people.
Therefore there is no good ground given for your following question,
"May a body politic then at all times withdraw in whole or in part the
influence of dominion which passeth from it, if inconveniences do grow
thereby?" Though you answer this question soberly yourself, it is easy
to see how the multitude may be tempted to answer it on your grounds,
especially if they think your inconvenience turn into a necessity; and
what use they will make of your next words, "It must be presumed that
supreme governors will not in such cases oppose themselves, and be
stiff in detaining that, the use whereof is with public detriment." A
strange presumption.
_Object._ VII. "The axioms of our regal government are these, _Lex
facit regem_; the king's grant of any favour made contrary to law is
void; _Rex nihil potest nisi quod jure potest_."
_Answ._ If _lex_ be taken improperly for the constituting
contract between prince and people, and if your _facit_ have
respect only to the species and person, and not the substance of the
power itself, then I contradict you not. But if _lex_ be taken
properly for _authoritativa constitutio debiti_, or the
signification of the sovereign's will to oblige the subject, then
_lex non facit regem, sed rex legem_.[45]
_Object._ VIII. Lib. viii. p. 210, "When all which the wisdom of all
sorts can do is done for the devising of laws in the church, it is the
general consent of all that giveth them the form and vigour of laws;
without which they could be no more to us than the counsels of
physicians to the sick. Well might they seem as wholesome admonitions
and instructions, but laws could they never be, without consent of the
whole church to be guided by them, whereunto both nature and the
practice of the church of God set down in Scripture, is found every
way so fully consonant, that God himself would not impose, no not his
own laws upon his people, by the hand of Moses, without their free and
open consent."
Public-domain text, read in full here on John Shaqi.
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