Works of Hooker, Book 8 · Part 1
What the Power of Dominion is.
VVIthout order there is no living in publick Society,Luke …. 1 Cor 1…. because the want thereof is the mother of confusion, whereupon division of necessity followeth; and out of division, destruction. The Apostle therefore giving instruction to publike Societies, requireth that all things be orderly done: Order can have no place in things, except it be settled amongst the persons that shall by office be conversant about them. And if things and persons be ordered, this doth imply that they are distinguished by degrees. For order is a gradual disposition: The whole world consisting of parts so many, so different, is by this only thing upheld; he which framed them, hath set them in order: The very Deity it self both keepeth and requireth for ever this to be kept as a Law, that wheresoever there is a coagmentation of many, the lowest be knit unto the highest, by that which being interjacent, may cause each to cleave to the other, and so all to continue one. This order of things and persons in publike Societies, is the work of Policie, and the proper instrument thereof in every degree is power, power being that hability which we have of our selves, or receive from others for performance of any action. If the action which we have to perform be conversant about matters of meer Religion, the power of performing it is then spiritual; And if that power be such as hath not any other to overrule it, we term it Dominion, or Power Supream; so far as the bounds thereof extend. When therefore Christian Kings are said to have Spiritual Dominion or Supream Power in Ecclesiastical affairs and causes, the meaning is, that within their own Precincts and Territories, they have an authority and power to command even in matters of Christian Religion, and that there is no higher nor greater that can in those cases overcommand them, where they are placed to raign as Kings. But withal we must likewise note that their power is termed supremacy, as being the highest, not simply without exception of any thing. For what man is so brain-sick, as not to except in such speeches God himself the King of all Dominion? Who doubteth, but that the King who receiveth it, must hold it of, and order the Law according to that old axiom, Altribuat Rex legi, quod lex attribuit es potestatem: And again, Rex non debet esse sub homine, sed sub Deo & lege. Thirdly, whereas it is altogether without reason, That Kings are judged to have by vertue of their Dominion, although greater power then any, yet not than all the state of those Societies conjoyned, wherein such Soveraign rule is given them; there is not any thing hereunto to the contrary by us affirmed, no not when we grant supream Authority unto Kings; because Supremacy is not otherwise intended or meant to exclude partly sorraign powers, and partly the power which belongeth in several unto others, contained as parts in that politick body over which those Kings have Supremacy; Where the King hath power of Dominion, or Supream power, there no forrain State, or Potentate, no State or Potentate Domestical, whether it consisteth of one or many, can possibly have in the same affairs and causes Authority higher than the King. Power of Spiritual Dominion, therefore, is in causes Ecclesiastical, that ruling Authority, which neither any forraign State, not yet any part of that politick body at home, wherein the same is established, can lawfully over-rule. It hath been declared already in general, how the best established dominion is, where the Law doth most rule the King; the true effect whereof particularly is found as well in Ecclesiastical as Civil affairs: In these the King, through his Supream Power, may do sundry great things himself, both appertaining to Peace and War, both at home, and by command and by commerce with States abroad, because the Law doth so much permit. Sometimes on the other side, The King alone hath no right to do without consent of his Lords and Commons in Parliament: The King himself cannot change the nature of Pleas, nor Courts, no not so much as restore blood; because the Law is a hath unto him: the positive Laws of the Realm have a priviledg therein, and restrain the Kings power; which positive Laws, whether by custom or otherwise established without repugnancy to the Laws of God, and nature, ought not less to be in force even in supernatural affairs of the Church, whether in regard of Ecclesiastical Laws, we willingly embrace that of Ambrose, Imperator bonus intrae Ecclesiam, non supra Ecclesiam, est. Kings have Dominion to exercise in Ecclesiastical causes, but according to the Laws of the Church; whether it be therefore the nature of Courts, or the form of Pleas, or the kind of Governours, or the order of proceeding in whatsoever business, for the received Laws an Lib…o the Church, the King hath Supream Authority and power, but against them never, What such positive Laws hath appointed to be done by others than the King, or by others with the King, and in what form they have appointed the doing of it; the same of necessity must be kept; neither is the Kings sole Authority to alter it: yet, as it were a thing unreasonable, if in civil affairs the King, albeit the whole universal body did joyn with him, should do any thing by their absolute power for the ordering of their state at home, in prejudice of those ancient. Laws of Nations, which are of force throughout all the World, because the necessary commerce of Kingdoms dependeth on them: So in principal matters belonging to Christian Religion, a thing very scandalous and offensive it must needs be thought, if either Kings or Laws should dispose of the Law of God, without any respect had unto that which of old hath been reverently thought of throughout the World, and wherein there is no Law of God which forceth us to swerve from the ways wherein so many and holy Ages have gone: Wherefore not without good consideration, the very Law it self hath provided, That Iudges Ecclesiastical appointed under the Kings Commission, shall not adjudg for heresie anything but that which heretofore hathbeen adjudged by the Authority of the Cononical Scriptures, or by the first four general Counbels, or lysome other general Council, wherein the same hath been declared heresie, by the express words of the said Canonical Scriptures, or such at hereafter shall be determined to be heresie by the high Court of Parliament of this Realm, with the assent of the Clergy in the Convocation, An. 1. Reg. Eliz. By which words of the Law, Who doth not plainly see, how that in one branch of proceeding by vertue of the Kings supream authority, the credit which those four first general Councels have throughout all Churches, and evermore had, was judged by the making of the aforesaid Act a just cause wherefore they should be mentioned in that case, as a requisite part of that rule wherewith Dominion was to be limited? But of this we shall further consider, when we come unto that which Soveraign Power may do in making Ecclesiastical Laws.
Unto which Supream Power in Kings, two kinds of adversaries there are which have opposed themselvs one sort defending That Supream power in causes Ecclesiastical throughout the world, appertaineth of Divine Right to the Bishop of Rome: Another sort, That the said power belongeth in every national Church unto the Clergy thereof assembled. We which defend as well against the one, as against the other, That Kings within their own Precincts may have it, The Right which men give. God ratifies.must shew by what right it must come unto them. First unto me, it seemeth almost out of doubt & controversie, that every independent multitude before any certain form of Regiment established, hath under God Supream Authority, full Dominion over it self, even as a man not tyed with the band of subjection as yet unto any other, hath over himself the like power. God, creating mankind, did endue it naturally with power to guide it self, in what kind of Society soever he should chuse to live. A man which is born Lord of himself, may be made an others servant. And that power which naturally whole societies have, may be derived unto many, few, or one; under whom the rest shall then live in subjection: Some multitudes are brought into subjection by force, as they who being subdued, are fain to submit their necks unto what yoak it pleaseth their Conquerors to lay upon them; which Conquerors by just and lawful Wars do hold their power over such multitudes as a thing descending unto them; Divine Providence it self so disposing. For it is God who giveth victory in the day of War, and unto whom Dominion in this sort is derived, the same they enjoy according to the Law of Nations; which Law authorizeth Conquerours to reign as absolute Lords over them whom they vanquish. Sometimes it pleaseth God himself by special appointment to chuse out and nominate such, as to whom Dominion shall be given;Conrora est poresiat dele…a…a De… …raction. which thing he did often in the Common-wealth of Israel: They which in this sort receive power immediately from God, have it by meer Divine Right; they by humane, on whom the same is bestowed, according to mens discretion, when they are left freely by God to make choice of their own Governours. By which of these means soever it happen, that Kings or Governors be advanced unto their Estates, we must acknowledg both their lawful choice to be approved of God, and themselves to be Gods Lievtenants; and cofess their Power which they have to be his. As for Supream Power in Ecclesiastical affairs, the Word of God doth no where appoint that all Kings should have it, neither that any should not have it; for which cause, it seemeth to stand altogether by humane Right, that unto Christian Kings there is such Dominion given.
Again, on whom the same is bestowed at mens discretions, they likewise do hold it by Divine Right: If God in his revealed Word, hath appointed such Power to be, although himself extraordinarily bestow it not, but leave the appointment of persons to men; yea, albeit God do neither appoint nor assign the person: nevertheless, when men have assigned and established both. Who doth doubt but that sundry duties and affairs depending thereupon are prescribed by the Word of God, and consequently by that very right to be exacted? For example sake, the power which Romane Emperors had over foreign Provinces, was not a thing which the Law of God did ever Institute: Neither was Tiberius Caesar by especial Commission from Heaven therewith invested, and yet paiment of Tribute unto Caesar being now made Emperor, is the plain Law of Jesus Christ: unto Kings by humane Right, Honor by very Divine Right, is due; mans Ordinances, are many times proposed as grounds in the Statutes of God: And therefore of what kind soever the means be, whereby Governors are lawfully advanced to their States, as we by the Laws of God stand bound meekly to acknowledg them for Gods Lieutenants; and to confess their Power his: So by the same Law they are both authorized, and required to use that Power as far as it may be in any State available to his Honor. The Law appointeth no man to be a husband: but if a man hath betaken himself unto that condition, it giveth him power & Authority over his own Wife. That the Christian world should be ordered by the Kingly Regiment, the Law of God doth not any where command: and yet the Law of God doth give them, which once are exalted unto that place of Estate, right to exact at the hands of their Subjects general obedience in whatsoever affairs their power may serve to command, and God doth ratifie works of that Soveraign Authority, which Kings have received by men. This is therefore the right whereby Kings do hold their power; but yet in what sort the same doth rest and abide in them, it somewhat behoveth further to search, where that we be not enforced to make overlarge discourses about the different conditions of Soveraign or Supream Power; that which we speak of Kings, shall be in respect of the State, and according to the nature of this Kingdom, where the people are in no subjection, but such as willingly themselves have condescended unto for their own most behoo… and security. In Kingdoms therefore of this quality, the highest Governor hath indeed universall Dominion, but with dependency upon that whole entire body, over the several parts whereof he hath Dominion: so that it standeth for an Axiom in this case; The King is Major singulis, universis minor. The Kings dependency, we do not construe as some have done, who are of opinion that no mans birth can make him a King; but every particular person, advanced to such Authority, hath at his entrance into his Raign, the same bestowed on him as an estate in condition by the voluntary deed of the people, in whom it doth lie to put by any one, and to preferr some other before him, better liked of or judged fitter for the place, and that the party so rejected hath no injury done unto him; no although the same be done in a place where the Crown doth go foreign. by succession, and to a person which is capital and hath apparently if blood be respected the nearest right. They plainly affirm in all well appointed Kingdoms, the custom evermore hath been, and is, that children succeed not their Parents, till the people after a sort have created them anew, neither that that they grow to their Fathers as natural and proper Heirs, but are then to be reckoned for Kings when at the hands of such as represent the Kings Majesty,Iunies Bru…iel vindie, pag. 8…. they have by a Scepter and a Diadem received, as it were, the investure of Kingly power: Their very words are, That where such power is sealed into a family or kindred, the Stock it self is thereby chosen, but not the twig that springeth of it. The next of the Stock unto him that raigneth,pag. 8…. are not through nearness of blood made Kings, but rather set forth to stand for the Kingdom, where Regal Dominion is hereditary, it is notwithstanding (if we look to the persons which have it) altogether elective: To this purpose are selected heaps of Scriptures concerning the Solemn Coronation or Inauguration of Saul, of David, of Solomon, and others, by the Nobles, Ancients, and people of the Common-weal of Israel; as if these solemnities were a kind of deed, whereby the right of Dominion is given. Which strange, untrue, and unnatural conceits, set abroad by seeds-men of Rebellion, onelyonly to animate unquiet spirits, and to feed them with possibility of aspiring to Thrones, if they can win the hearts of the people, what hereditary title soever any other before them may have. I say unjust and insolent positions, I would not mention, were it not thereby to make the countenance of truth more orient; for unless we will openly proclaim defiance unto all law, equity, and reason we must (there is no remedy) acknowledge, that in kingdoms hereditary birth giveth right unto Soveraign Dominion; and the death of the predecessor putteth the successor by blood in seisin. Those publick solemnities before specified, do but serve for an open testification of the Inheritors right, or belong unto the form of inducting him into possession of that thing he hath right unto: therefore in case it doth happen, that without right of blood a man in such wise be possessed, all these new elections and investings are utterly void; they make him no indefeasable estate; the inheritor by blood may disposses him as an usurper. The case thus standing, albeit we judge it a thing most true, that Kings, even inheritors, do hold their right in the Power of Dominion, with dependency upon the whole Body politick, over which they have Rule as Kings; yet so it may not be understood as if such dependency did grow, for that every supream Governor doth personally take from thence his power by way of gift, bestowed of their own free accord upon him at the time of his entrance into the said place of his soveraign Government. But the cause of dependency is that first Original conveyance, when power was derived from the whole into One; to pass from him unto them, whom out of him nature by lawful births should produce, and no natural or legal inability make uncapable:Tully de Office. Neither cab any man with reason think, but that the first institution of Kings, a sufficient consideration wherefore their power should always depend on that from which it did always flow by Original influence of power, from the body into the King, is the cause of Kings dependency in Power upon the body. By dependency we mean subordination and subjection: A manifest token of which dependency may be this; as there is no more certain Argument, that Lands are held under any as Lords, then if we see that such lands is defect of heirs fall unto them by escheat: In like manner, it doth follow rightly, that seeing Dominion when there is none to inherit it, returneth unto the body; therefore, they which before were inheritors thereof, did hold it with dependency upon the body, so that by comparing the body with the head, as touching power, it seemeth always to reside in both; fundamentally and radicially in the one, in the other derivatively; in the one the Habit, in the other the Act of Power. May a body politick then at all times, withdraw in whole or in part the influence of Dominion which passeth from it, if inconveniencies do grow thereby? It must be presumed, that supream Governors will not in such case oppose themselves, and be stiff in detaining that, the use whereof is with publick detriment: but surely without their consent I see not how the body by any just means should be able to help it self, saving when Dominion doth escheat; such things therefore must be thought upon before hand, that Power may be limited ere it be granted, which is the next thing we are to consider.