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And forasmuch as now it hath pleased Almighty God, by the power of His own right hand, so miraculously to restore the Kings Majestie to the Government of his Kingdoms, and to the exercise of His Royal Power, and Soveraigntie over the same, The Estates of Parliament do conceive themselves obliged, in discharge of their dutie and conscience to GOD and the Kings Majestie, to imploy all their Power and interest, for vindicating His Majesties Authoritie from all these violent invasions that have been made upon it, and so far as possible to remove out of the way everything that may retain anie remembrance of these things, which have been so injurious to His Majestie and His Authoritie, so predjudicial and dishonourable to the Kingdom, and destructive to all just and true interests within the same.
But if he be held prisoner, or have not the liberty of his own Body; he is not understood to have given away the Right of Soveraigntie; and therefore his Subjects are obliged to yield obedience to the Magistrates formerly placed, governing not in their own name, but in his.
Seventhly, is annexed to the Soveraigntie, the whole power of prescribing the Rules, whereby every man may know, what Goods he may enjoy and what Actions he may doe, without being molested by any of his fellow Subjects: And this is it men Call Propriety. To Him Also Belongeth The Right Of All Judicature
Though the Kinds of Soveraigntie be, as I have now shewn, but three; that is to say, Monarchie, where one Man has it; or Democracie, where the generall Assembly of Subjects hath it; or Aristocracie, where it is in an Assembly of certain persons nominated, or otherwise distinguished from the rest: Yet he that shall consider the particular Common-wealthes that have been, and are in the world, will not perhaps easily reduce them to three, and may thereby be inclined to think there be other Formes, arising from these mingled together.
But if there be none that can give the Soveraigntie, after the decease of him that was first elected; then has he power, nay he is obliged by the Law of Nature, to provide, by establishing his Successor, to keep those that had trusted him with the Government, from relapsing into the miserable condition of Civill warre. And consequently he was, when elected, a Soveraign absolute.
Sixtly, that it is an inconvenience in Monarchie, that the Soveraigntie may descend upon an Infant, or one that cannot discerne between Good and Evill: and consisteth in this, that the use of his Power, must be in the hand of another Man, or of some Assembly of men, which are to governe by his right, and in his name; as Curators, and Protectors of his Person, and Authority.
For the time being, the Massachusetts men had their own way; but they had raised a serious and dangerous question, that of their allegiance and its obligations, for, as the commissioners said, "The King did not grant away his soveraigntie over you when he made you a corporation.
And Decision Of Controversies: Eightly, is annexed to the Soveraigntie, the Right of Judicature; that is to say, of hearing and deciding all Controversies, which may arise concerning Law, either Civill, or naturall, or concerning Fact.
If it be known who have the power to give the Soveraigntie after his death, it is known also that the Soveraigntie was in them before: For none have right to give that which they have not right to possesse, and keep to themselves, if they think good.
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