eignty is still retained; and consequently all those powers, which are necessary to the exercising thereof; such as are the power of war, and peace, of judicature, of appointing officers, and councillors, of levying money, and the rest named in the 18th chapter.

The obligation of subjects to the sovereign, is understood to last as long, and no longer, than the power lasteth, by which he is able to protect them. For the right men have by nature to protect themselves, when none else can protect them, can by no covenant be relinquished. The sovereignty is the soul of the commonwealth; which once departed from the body, the members do no more receive their motion from it. The end of obedience is protection; which, wheresoever a man seeth it, either in his own or in another's sword, nature applieth his obedience to it, and his endeavour to maintain it. And though sovereignty, in the intention of them that make it, be immortal; yet is it in its own nature, not only subject to violent death, by foreign war, but also through the ignorance, and passions of men, it hath in it, from the very institution, many seeds of a natural mortality, by intestine discord.

If a subject be taken prisoner in war, or his person, or his means of life be within the guards of the enemy, and hath his life and corporal liberty given him, on condition to be subject to the victor, he hath liberty to accept the condition; and having accepted it, is the subject of him that took him, because he had no other way to preserve himself. The case is the same, if he be detained on the same terms, in a foreign country. But if a man be held in prison, or bonds, or is not trusted with the liberty of his body, he cannot be understood to be bound by covenant to subjection; and therefore may, if he can, make his escape by any means whatsoever.

If a monarch shall relinquish the sovereignty, both for himself, and his heirs; his subjects return to the absolute

m

liberty of nature; because, though nature may declare who are his sons, and who are the nearest of his kin; yet it dependeth on his own will, as hath been said in the precedent chapter, who shall be his heir. If therefore he will have no heir, there is no sovereignty, nor subjection. The case is the same, if he die without known kindred, and without declaration of his heir. For then there can no heir be known, and consequently no subjection be due.

If the sovereign banish his subject, during the banishment, he is not subject. But he that is sent on a message, or hath leave to travel, is still subject; but it is, by contract between sovereigns, not by virtue of the covenant of subjection. For whosoever entereth into another's dominion, is subject to all the laws thereof, unless he have a privilege by the amity of the sovereigns, or by special license.

If a monarch subdued by war render himself subject to the victor, his subjects are delivered from their former obligation, and become obliged to the victor. 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 sovereignty; and therefore his subjects are obliged to yield. obedience to the magistrates formerly placed, governing not in their own name, but in his. For, his right remaining, the question is only of the administration; that is to say, of the magistrates and officers; which, if he have not means to name, he is supposed to approve those which he himself had formerly appointed.

CHAPTER XXII.

Of Systems Subject, Political, and Private.

HAVING spoken of the generation, form, and power of a commonwealth, I am in order to speak next of the parts thereof. And first of systems, which resemble the similar

parts, or muscles of a body natural. By "systems," I
understand any numbers of men joined in one interest, or
one business. Of which, some are "regular," and some
Regular" are those, where one man, or
"irregular."
assembly of men, is constituted representative of the whole
number. All other are "irregular."

66

Of regular, some are "absolute," and "independent," subject to none but their own representative: such are only commonwealths; of which I have spoken already in the five last precedent chapters. Others are dependent; that is to say, subordinate to some sovereign power, to which every one, as also their representative is "subject."

Of systems subordinate, some are "political," and some "private." "Political," otherwise called "bodies politic," and "persons in law," are those, which are made by authority from the sovereign power of the commonwealth. "Private," are those, which are constituted by subjects amongst For no themselves, or by authority from a stranger. authority derived from foreign power, within the dominion of another, is public there, but private. are "lawful"; some And of private systems, some "unlawful." Lawful," are those which are allowed by the commonwealth: all other are "unlawful." "Irregular systems, are those which having no representative, consist only in concourse of people; which if not forbidden by the commonwealth, nor made on evil design, such as are conflux of people to markets, or shows, or any other harmless end, are lawful. But when the intention is evil, or (if the number be considerable), unknown, they are unlawful.

66

In bodies politic, the power of the representative is always limited: and that which prescribeth the limits. thereof, is the power sovereign. For power unlimited, is absolute sovereignty. And the sovereign in every commonwealth, is the absolute representative of all the subjects; and therefore no other can be representative of any part of

ん。

them, but so far forth, as he shall give leave. And to give leave to a body politic of subjects, to have an absolute representative to all intents and purposes, were to abandon the government of so much of the commonwealth, and to divide the dominion, contrary to their peace and defence; which the sovereign cannot be understood to do, by any grant, that does not plainly, and directly discharge them of their subjection. For consequences of words, are not the signs of his will, when other consequences are signs of the contrary; but rather signs of error, and misreckoning; to which all mankind is too prone.

The bounds of that power, which is given to the representative of a body politic, are to be taken notice of, from two things. One is their writ, or letters from the sovereign : the other is the law of the commonwealth.

For though in the institution or acquisition of a commonwealth, which is independent, there needs no writing, because the power of the representative has there no other bounds, but such as are set out by the unwritten law of nature; yet in subordinate bodies, there are such diversities of limitation necessary, concerning their business, times, and places, as can neither be remembered without letters, nor taken notice of, unless such letters be patent, that they may be read to them, and withal sealed, or testified, with the seals, or other permanent signs of the author ity sovereign.

And because such limitation is not always easy, or per haps possible to be described in writing; the ordinary laws, common to all subjects, must determine what the represen tative may lawfully do, in all cases, where the letters themselves are silent. And therefore,

In a body politic, if the representative be one man, whatsoever he does in the person of the body, which is not warranted in his letters, nor by the laws, is his own act, and not the act of the body, nor of any other member

own.

thereof besides himself: because further than his letters, or the law's limit, he representeth no man's person, but his But what he does according to these, is the act of every one for the act of the sovereign every one is author, because he is their representative unlimited; and the act of him that recedes not from the letters of the sovereign, is the act of the sovereign, and therefore every member of the body is author of it.

But if the representative be an assembly; whatsoever that assembly shall decree, not warranted by their letters, or the laws, is the act of the assembly, or body politic, and the act of every one by whose vote the decree was made; but not the act of any man that being present voted to the contrary; nor of any man absent, unless he voted it by procuration. It is the act of the assembly, because voted by the major part; and if it be a crime, the assembly may be punished, as far forth as it is capable, as by dissolution, or forfeiture of their letters (which is to such artificial, and fictitious bodies, capital) or, if the assembly have a com mon stock, wherein none of the innocent members have propriety, by pecuniary mulct. For from corporal penal ties nature hath exempted all bodies politic. But they that gave not their vote, are therefore innocent, because the assembly cannot represent any man in things unwarranted by their letters, and consequently are not involved in their votes.

If the person of the body politic being in one man, borrow money of a stranger, that is, of one that is not of the same body, (for no letters need limit borrowing, seeing it is left to men's own inclinations to limit lending), the debt is the representative's. For if he should have authority from his letters, to make the members pay what he bor roweth, he should have by consequence the sovereignty of them; and therefore the grant were either void, as proceeding from error, commonly incident to human nature,