Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
Nothing perhaps is more striking to a reader of the _Ecclesiastical
Polity_ than the constant and almost excessive predilection of Hooker
for those liberal principles of civil government, which are sometimes so
just and always so attractive. Upon these subjects, his theory
absolutely coincides with that of Locke. The origin of government, both
in right and in fact, he explicitly derives from a primary contract;
"without which consent, there were no reason that one should take upon
him to be lord or judge over another; because, although there be,
according to the opinion of some very great and judicious men, a kind of
natural right in the noble, wise, and virtuous, to govern them which are
of servile disposition; nevertheless, for manifestation of this their
right, and men's more peaceable contentment on both sides, the assent of
them who are to be governed seemeth necessary." "The lawful power," he
observes elsewhere, "of making laws to command whole politic societies
of men, belongeth so properly unto the same entire societies, that for
any prince or potentate of what kind soever upon earth to exercise the
same of himself, and not either by express commission immediately and
personally received from God, or else by authority received at first
from their consent upon whose persons they impose laws, it is no better
than mere tyranny. Laws they are not, therefore, which public
approbation hath not made so. But approbation not only they give, who
personally declare their assent by voice, sign, or act; but also when
others do it in their names, by right originally, at the least, derived
from them. As in parliaments, councils, and the like assemblies,
although we be not personally ourselves present, notwithstanding our
assent is by reason of other agents there in our behalf. And what we do
by others, no reason but that it should stand as our deed, no less
effectually to bind us, than if ourselves had done it in person." And in
another place still more peremptorily: "Of this thing no man doubteth,
namely, that in all societies, companies, and corporations, what
severally each shall be bound unto, it must be with all their assents
ratified. Against all equity it were that a man should suffer detriment
at the hands of men, for not observing that which he never did either by
himself or others mediately or immediately agree unto."
Public-domain text, read in full here on John Shaqi.
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