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The expression "deriving their just powers from the consent of the governed," seems to me most probably to be an epitome and summary of the two fundamental propositions of the law of agency Obligatio mandati consensu contrahentium consistit, a free translation of which is "The powers of an agent are derived from the consent of the contracting parties," and Rei turpis nullum mandatum est, a free translation of which is "No agent can have unjust powers."
The good Adam, after recording, in November, 1604, and in the ensuing March, two mysterious rides with his son, has left, this, under date of March 28th, 1605: "My soonne was sollemly contracted to Mary Foorth, by Mr. Culverwell minister of Greate Stambridge in Essex cum consensu parentum."
I.N.D.N.J.C. Dissertatio Juridica de Lamiis earumque processu criminali, Von Hexen und dem Peinl. Process wider dieselben, Quam, auxiliante Divina Gratia, Consensu et Authoritate Magnifici JCtorum Ordinis in illustribus Athenis Salanis sub praesidio Magnifici, Nobilissimi, Amplissimi, Consultissimi, atque Excellentissimi Dn. Ernesti Frider.
The argument e Consensu Gentium has often been accredited with being peculiarly the patristic argument for the existence of God, and for this conclusion the use of it in Epicurean theology, and the doctrine of the natural, innate idea of God already considered, would fully prepare us; but the fact is that, apart from frequent passing references to the "natural opinion" mentioned in the preceding chapter, the instances in which the argument is explicitly made use of are not much more numerous than in the case of the other forms.
'Qua ex coniunctione naturae et quasi concentu atque consensu, quam συμπάθειαν Graeci appellant, convenire potest aut fissum iecoris cum lucello meo aut meus quaesticulus cum caelo, terra rerumque natura? asks the sceptic in the second of these passages. Vaticinatio probat fati necessitatem. The MS. is 574 Supplément grec de la Bibl. Nationale.
Such language as this last example is, of course, the exclamation of the orator rather than the deliberate judgment of the philosopher, but taken in connection with the other passages cited it will indicate how strong a hold this conviction had on the Fathers, and will anticipate, to some extent, what we shall have to say later as to the use of the Argumentum e Consensu Gentium.
Non enim, ut olim, universæ legiones deducebantur cum tribunis et centurionibus et suis cujusque ordinis militibus, ut consensu et caritate rempublicam efficerent, sed ignoti inter se, diversis manipulis, sine rectore, sine affectibus mutuis, quasi ex alio genere mortalium repente in unum collecti, numerus magis quam colonia Tacit. Annal.
These principles are: "Obligatio mandati consensu contrahentium consistit," a translation of which is, "The powers of an agent are derived from the consent of the contracting parties," and "Rei turpis nullum mandatum est," a translation of which is "No agent can have unjust powers."
But when she took charge at our house, all her best qualities found expression. It is true enough, omnium consensu capax imperii nisi imperasset, but it is equally true that under the pressure of trial and responsibility we are often stronger than when there is no pressure.
The original appointments were made by some higher power, in most cases the missi regii, the direct representatives of the king; but these were made not arbitrarily, but always "cum totius populi consensu." This was the important point; it was so far a popular office that the free consent of the people was always necessary to make valid the appointment of any incumbent.
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