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But in other Cases of human Law's and human legislators according to the various Constitutions (a) of Government and the various pacts and contracts, that either at first or in Proces of time intervened between the Governors and Governed, it may fall out that the Governor (b) not only civilly, but by the Law of God himself may be bound by his own Law's because the Governors in such cases are bound under that soveraign Law of fides servanda as well as the Govern'd, if such pactions can sufficiently appear either by the pacts themselves or by long usage interpretatively evidenceing them.
It is hard to find any Conquest so absolute but as to the Modification of the Legislative authority there is something of convention or agreement which directs or qualifes that authority either by pactions interveneing between the Conquer'd and Conquerors, or upon dedition (10) or subsequent Capitulations or even among the victors themselves where /fol.
And thus among Men the Legislative Authority is variously modelled (i) according to various Customes pactions and Concessions and Capitulations.
It is true, in the Case of human Laws and Constitutions a Legislator may be constituted by the Persons, who are to be afterwards (i) obliged by that authority that he himself either wholly, or at least as one of j Community transfers to that Person, as these (k) Persons to whom this Nomothetical Power is thus Transacted; (l) And therefore if we should supose the new erection either of a (m) Kingly or Aristocratical or Democratical Government, by the paction n or stipulation of any Society or Community of Men; by this paction if I am one of that Community I do together with the rest transfer to this Government a Power to oblige me by the Laws which such o Governors shall make.