Note 72 — Chapter VI

The Huguenot Languet, in his Vindiciae contra Tyrannos (1579), maintained on scriptural grounds that kingly power was derived from the will of the people, and that the violation by the king of the mutual compact of king and people to observe the laws absolved the people from all allegiance.[72] The Jesuit writers, Bellarmine and Mariana, argued for the sovereignty of the people as the basis of kingly rule; and when the English divines of the Established Church were upholding the doctrine of the divine right of kings, the Spanish Jesuit, Suarez, was amongst those who attacked that doctrine, quoting a great body of legal opinion in support of the contention that "the prince has that power of law giving which the people have given him." Suarez, too, insists that all men are born equal, and that "no one has a political jurisdiction over another." Milton, in his "Tenure of Kings and Magistrates" (1649), had taken a similar line: the people had vested in kings and magistrates the authority and power of self-defence and preservation. "The power of kings and magistrates is nothing else but what is only derivative, transferred, and committed to them in trust from the people to the common good of all, in whom the power yet remains fundamentally, and cannot be taken from them without a violation of their natural birthright." Hooker, fifty years earlier (1592-3), in his "Ecclesiastical Polity," Book I., had affirmed the sovereignty or legislative power of the people as the ultimate authority, and had also declared for an original social contract, "all public regiment of what kind soever seemeth evidently to have risen from deliberate advice, consultation, and composition between men, judging it convenient and behoveful." Hobbes made the social contract a justification for Royal absolutism, and Locke, with a Whig ideal of constitutional government, enlarged on the right of a people to change its form of government, and justified the Revolution of 1688. The writings of Hobbes and Locke have had a lasting influence, and Locke is really the source of the democratic stream of the eighteenth century. It rises in Locke to become the torrent of the French Revolution.