Fourth of July orations; Orators -- Massachusetts -- Boston
The mediæval councils, the military orders, the guilds, followed
centuries after by the contract of the Pilgrim Fathers made in the
cabin of the “Mayflower” in which they “covenanted and combined
themselves into a civil body politic for their better order and
preservation,” as well as the charters of the Providence Plantations,
of Virginia, and of Maryland, had accustomed the people to joint action
of mutual compact and deliberate agreement in defense of liberty and
justice which, after all, is the mother of democracy.
While the schoolmen, with scarcely an exception, as Sidwick tells us,
taught that, “governments derive their just powers from the consent of
the governed.”
“Every constitution,” says Nicholas of Cusa, three and a half centuries
before the Declaration of Independence, “is rooted in natural law and
cannot be valid if it contradicts it.”
“Since all are free by nature,” he continues, “all government, whether
by written law or a prince, is based solely on the agreement and
consent of the subject. For if by nature men are equally powerful and
free, true and ordered power in the hands of one can be established
only by the election and consent of the others, just as law also is
established by consent.”
“It is clear, therefore,” he adds, “that the binding validity of all
constitutions is based on tacit and expressed agreement and consent.”
And although Elizabeth had asserted in 1585 that “kings and princes
sovereign owe their homage and service only to Almighty God,” and James
defended the Divine Right of Kings, and the University of Cambridge,
in its address to Charles II, had declared that they believed and
maintained that “our kings derive not their title from the people
but from God,” “Defenders of Liberty” were not wanting, Bellarmine
declaring boldly, as Sir Robert Filmer tells us, that “secular or civil
power is instituted by men; it is in the people unless they bestow it
on a prince. This power is immediately in the whole multitude as in
the subject of it. For this power is in the Divine Law, but the Divine
Law hath given this power to no particular men; if the positive law be
taken away, there is left no reason why amongst a multitude (who are
equal) one rather than another should bear rule over the rest. Power is
given by the multitude to one man or to more by the same law of nature;
for the commonwealth cannot exercise this power, therefore it is bound
to bestow it upon some one man or some few. It depends upon the consent
of the multitude to ordain over themselves a king or consul or other
magistrates. And if there be a lawful cause, the multitude may change
the kingdom into an aristocracy or democracy.”
Public-domain text, read in full here on John Shaqi.
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