[212] Summa, xc.-cviii. (1265-1273). See Maurice's Moral and Metaphysical Philosophy, i. 627, 628. Also Franck's Réformateurs et Publicistes de l'Europe, p. 48, etc.
[213] Defensor Pacis, Pt. I., ch. xii. This, again, is an example of Marsilio's position:—"Convenerunt enim homines ad civilem communicationem propter commodum et vitæ sufficientiam consequendam, et opposita declinandum. Quæ igitur omnium tangere possunt commodum et incommodum, ab omnibus sciri debent et audiri, ut commodum assequi et oppositum repellere possint." The whole chapter is a most interesting anticipation, partly due to the influence of Aristotle, of the notions of later centuries.
[214] See Bayle's Dict., s.v. Althusius.
[215] Lettres de la Montagne, I. vi. 388.
[216] Eccles. Polity, Bk. i.; bks. i.-iv., 1594; bk. v., 1597; bks. vi.-viii., 1647,—being forty-seven years after the author's death.
[217] Goguet (Origine des Lois, i. 22) dwells on tacit conventions as a kind of engagement to which men commit themselves with extreme facility. He was thus rather near the true idea of the spontaneous origin and unconscious acceptance of early institutions.
[218] Of Civil Government, ch. xiii. See also ch. xi. "This legislative is not only the supreme power of the commonwealth, but sacred and unalterable in the hands where the community have once placed it; nor can any edict of anybody else, in what form soever conceived, or by what power soever backed, have the force and obligation of a law, which has not its sanction from that legislative which the public has chosen and appointed; for without this the law could not have that which is absolutely necessary to its being a law—the consent of the society; over whom nobody can have a power to make laws, but by their own consent, and by authority received from them." If Rousseau had found no neater expression for his doctrine than this, the Social Contract would assuredly have been no explosive.
[219] See especially ch. viii.
[220] Hence the antipathy of the clergy, catholic, episcopalian, and presbyterian, to which, as Austin has pointed out (Syst. of Jurisprudence, i. 288, n.), Hobbes mainly owes his bad repute.
[221] See Diderot's article on Hobbisme in the Encyclopædia, Oeuv., xv. 122.