The Divers Sorts Of Systemes Of People
Having spoken of the Generation, Forme, and Power of a Common-wealth, I
am in order to speak next of the parts thereof. And first of Systemes,
which resemble the similar parts, or Muscles of a Body naturall. By
SYSTEMES; I understand any numbers of men joyned in one Interest, or one
Businesse. Of which, some are Regular, and some Irregular. Regular are
those, where one Man, or Assembly of men, is constituted Representative
of the whole number. All other are Irregular.
Of Regular, some are Absolute, and Independent, subject to none but
their own Representative: such are only Common-wealths; Of which I have
spoken already in the 5. last preceding chapters. Others are Dependent;
that is to say, Subordinate to some Soveraign Power, to which every one,
as also their Representative is Subject.
Of Systemes subordinate, some are Politicall, and some Private.
Politicall (otherwise Called Bodies Politique, and Persons In Law,)
are those, which are made by authority from the Soveraign Power of the
Common-wealth. Private, are those, which are constituted by Subjects
amongst themselves, or by authoritie from a stranger. For no authority
derived from forraign power, within the Dominion of another, is Publique
there, but Private.
And of Private Systemes, some are Lawfull; some Unlawfull: Lawfull, are
those which are allowed by the Common-wealth: all other are Unlawfull.
Irregular Systemes, are those which having no Representative,
consist only in concourse of People; which if not forbidden by the
Common-wealth, nor made on evill designe, (such as are conflux of People
to markets, or shews, or any other harmelesse end,) are Lawfull. But
when the Intention is evill, or (if the number be considerable) unknown,
they are Unlawfull.
In All Bodies Politique The Power Of The Representative Is Limited
In Bodies Politique, the power of the Representative is alwaies Limited:
And that which prescribeth the limits thereof, is the Power Soveraign.
For Power Unlimited, is absolute Soveraignty. And the Soveraign, in
every Commonwealth, is the absolute Representative of all the Subjects;
and therefore no other, can be Representative of any part of them,
but so far forth, as he shall give leave; And to give leave to a Body
Politique 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 Soveraign cannot be understood to doe, by any Grant,
that does not plainly, and directly discharge them of their subjection.
For consequences of words, are not the signes of his will, when other
consequences are signes of the contrary; but rather signes of errour,
and misreckoning; to which all mankind is too prone.
The bounds of that Power, which is given to the Representative of a
Bodie Politique, are to be taken notice of, from two things. One is
their Writt, or Letters from the Soveraign: the other is the Law of the
Common-wealth.
By Letters Patents
For though in the Institution or Acquisition of a Common-wealth,
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 businesses, times,
and places, as can neither be remembred without Letters, nor taken
notice of, unlesse such Letters be Patent, that they may be read to
them, and withall sealed, or testified, with the Seales, or other
permanent signes of the Authority Soveraign.
And The Lawes
And because such Limitation is not alwaies easie, or perhaps possible
to be described in writing; the ordinary Lawes, common to all Subjects,
must determine, that the Representative may lawfully do, in all Cases,
where the Letters themselves are silent. And therefore
When The Representative Is One Man, His Unwarranted Acts His Own Onely
In a Body Politique, 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 Lawes, is his own act, and not the act of the Body, nor of
any other Member thereof besides himselfe: Because further than his
Letters, or the Lawes limit, he representeth no mans person, but his
own. But what he does according to these, is the act of every one: For
of the Act of the Soveraign every one is Author, because he is their
Representative unlimited; and the act of him that recedes not from the
Letters of the Soveraign, is the act of the Soveraign, and therefore
every member of the Body is Author of it.
When It Is An Assembly, It Is The Act Of Them That Assented Onely
But if the Representative be an Assembly, whatsoever that Assembly shall
Decree, not warranted by their Letters, or the Lawes, is the act of the
Assembly, or Body Politique, 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, unlesse 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 farre-forth as it is
capable, as by dissolution, or forfeiture of their Letters (which is to
such artificiall, and fictitious Bodies, capitall,) or (if the
Assembly have a Common stock, wherein none of the Innocent Members have
propriety,) by pecuniary Mulct. For from corporall penalties Nature hath
exempted all Bodies Politique. 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.
When The Representative Is One Man, If He Borrow Mony, Or Owe It, By
Contract; He Is Lyable Onely, The Members Not If the person of the Body
Politique being in one man, borrow mony 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 mens own inclinations to limit lending) the debt is
the Representatives. For if he should have Authority from his Letters,
to make the members pay what he borroweth, he should have by consequence
the Soveraignty of them; and therefore the grant were either voyd,
as proceeding from Errour, commonly incident to humane Nature, and an
unsufficient signe of the will of the Granter; or if it be avowed
by him, then is the Representer Soveraign, and falleth not under the
present question, which is onely of Bodies subordinate. No member
therefore is obliged to pay the debt so borrowed, but the Representative
himselfe: because he that lendeth it, being a stranger to the Letters,
and to the qualification of the Body, understandeth those onely for
his debtors, that are engaged; and seeing the Representer can ingage
himselfe, and none else, has him onely for Debtor; who must therefore
pay him, out of the common stock (if there be any), or (if there be
none) out of his own estate.
If he come into debt by Contract, or Mulct, the case is the same.
When It Is An Assembly, They Onely Are Liable That Have Assented
But when the Representative is an Assembly, and the debt to a stranger;
all they, and onely they are responsible for the debt, that gave their
votes to the borrowing of it, or to the Contract that made it due, or to
the fact for which the Mulct was imposed; because every one of those in
voting did engage himselfe for the payment: For he that is author of
the borrowing, is obliged to the payment, even of the whole debt, though
when payd by any one, he be discharged.
If The Debt Be To One Of The Assembly, The Body Onely Is Obliged
But if the debt be to one of the Assembly, the Assembly onely is obliged
to the payment, out of their common stock (if they have any:) For having
liberty of Vote, if he Vote the Mony, shall be borrowed, he Votes it
shall be payd; If he Vote it shall not be borrowed, or be absent, yet
because in lending, he voteth the borrowing, he contradicteth his former
Vote, and is obliged by the later, and becomes both borrower and lender,
and consequently cannot demand payment from any particular man, but
from the common Treasure onely; which fayling he hath no remedy, nor
complaint, but against himselfe, that being privy to the acts of
the Assembly, and their means to pay, and not being enforced, did
neverthelesse through his own folly lend his mony.
Protestation Against The Decrees Of Bodies Politique
Sometimes Lawful; But Against Soveraign Power Never It is manifest by
this, that in Bodies Politique subordinate, and subject to a Soveraign
Power, it is sometimes not onely lawfull, but expedient, for a
particular man to make open protestation against the decrees of the
Representative Assembly, and cause their dissent to be Registred, or to
take witnesse of it; because otherwise they may be obliged to pay debts
contracted, and be responsible for crimes committed by other men: But in
a Soveraign Assembly, that liberty is taken away, both because he that
protesteth there, denies their Soveraignty; and also because whatsoever
is commanded by the Soveraign Power, is as to the Subject (though not
so alwayes in the sight of God) justified by the Command; for of such
command every Subject is the Author.
Bodies Politique For Government Of A Province, Colony, Or Town
The variety of Bodies Politique, is almost infinite; for they are
not onely distinguished by the severall affaires, for which they are
constituted, wherein there is an unspeakable diversitie; but also by the
times, places, and numbers, subject to many limitations. And as to their
affaires, some are ordained for Government; As first, the Government
of a Province may be committed to an Assembly of men, wherein all
resolutions shall depend on the Votes of the major part; and then this
Assembly is a Body Politique, and their power limited by Commission.
This word Province signifies a charge, or care of businesse, which he
whose businesse it is, committeth to another man, to be administred for,
and under him; and therefore when in one Common-wealth there be divers
Countries, that have their Lawes distinct one from another, or are farre
distant in place, the Administration of the Government being committed
to divers persons, those Countries where the Soveraign is not resident,
but governs by Commission, are called Provinces. But of the government
of a Province, by an Assembly residing in the Province it selfe, there
be few examples. The Romans who had the Soveraignty of many Provinces;
yet governed them alwaies by Presidents, and Praetors; and not by
Assemblies, as they governed the City of Rome, and Territories adjacent.
In like manner, when there were Colonies sent from England, to Plant
Virginia, and Sommer-Ilands; though the government of them here, were
committed to Assemblies in London, yet did those Assemblies never
commit the Government under them to any Assembly there; but did to each
Plantation send one Governour; For though every man, where he can be
present by Nature, desires to participate of government; yet where
they cannot be present, they are by Nature also enclined, to commit the
Government of their common Interest rather to a Monarchicall, then a
Popular form of Government: which is also evident in those men that have
great private estates; who when they are unwilling to take the paines of
administring the businesse that belongs to them, choose rather to trust
one Servant, than a Assembly either of their friends or servants.
But howsoever it be in fact, yet we may suppose the Government of a
Province, or Colony committed to an Assembly: and when it is, that which
in this place I have to say, is this; that whatsoever debt is by that
Assembly contracted; or whatsoever unlawfull Act is decreed, is the Act
onely of those that assented, and not of any that dissented, or were
absent, for the reasons before alledged. Also that an Assembly residing
out of the bounds of that Colony whereof they have the government,
cannot execute any power over the persons, or goods of any of the
Colonie, to seize on them for debt, or other duty, in any place
without the Colony it selfe, as having no Jurisdiction, nor Authoritie
elsewhere, but are left to the remedie, which the Law of the place
alloweth them. And though the Assembly have right, to impose a Mulct
upon any of their members, that shall break the Lawes they make; yet
out of the Colonie it selfe, they have no right to execute the same.
And that which is said here, of the Rights of an Assembly, for the
government of a Province, or a Colony, is appliable also to an Assembly
for the Government of a Town, or University, or a College, or a Church,
or for any other Government over the persons of men.
And generally, in all Bodies Politique, if any particular member
conceive himself Injured by the Body it self, the Cognisance of his
cause belongeth to the Soveraign, and those the Soveraign hath ordained
for Judges in such causes, or shall ordaine for that particular cause;
and not to the Body it self. For the whole Body is in this case his
fellow subject, which in a Soveraign Assembly, is otherwise: for there,
if the Soveraign be not Judge, though in his own cause, there can be no
Judge at all.
Bodies Politique For Ordering Of Trade
In a Bodie Politique, for the well ordering of forraigne Traffique, the
most commodious Representative is an Assembly of all the members; that
is to say, such a one, as every one that adventureth his mony, may be
present at all the Deliberations, and Resolutions of the Body, if they
will themselves. For proof whereof, we are to consider the end, for
which men that are Merchants, and may buy and sell, export, and import
their Merchandise, according to their own discretions, doe neverthelesse
bind themselves up in one Corporation. It is true, there be few
Merchants, that with the Merchandise they buy at home, can fraight a
Ship, to export it; or with that they buy abroad, to bring it home; and
have therefore need to joyn together in one Society; where every man
may either participate of the gaine, according to the proportion of his
adventure; or take his own; and sell what he transports, or imports, at
such prices as he thinks fit. But this is no Body Politique, there being
no Common Representative to oblige them to any other Law, than that
which is common to all other subjects. The End of their Incorporating,
is to make their gaine the greater; which is done two wayes; by sole
buying, and sole selling, both at home, and abroad. So that to grant
to a Company of Merchants to be a Corporation, or Body Politique, is to
grant them a double Monopoly, whereof one is to be sole buyers; another
to be sole sellers. For when there is a Company incorporate for any
particular forraign Country, they only export the Commodities vendible
in that Country; which is sole buying at home, and sole selling abroad.
For at home there is but one buyer, and abroad but one that selleth:
both which is gainfull to the Merchant, because thereby they buy at home
at lower, and sell abroad at higher rates: And abroad there is but one
buyer of forraign Merchandise, and but one that sels them at home; both
which againe are gainfull to the adventurers.
Of this double Monopoly one part is disadvantageous to the people at
home, the other to forraigners. For at home by their sole exportation
they set what price they please on the husbandry and handy-works of
the people; and by the sole importation, what price they please on all
forraign commodities the people have need of; both which are ill for the
people. On the contrary, by the sole selling of the native commodities
abroad, and sole buying the forraign commodities upon the place,
they raise the price of those, and abate the price of these, to
the disadvantage of the forraigner: For where but one selleth, the
Merchandise is the dearer; and where but one buyeth the cheaper: Such
Corporations therefore are no other then Monopolies; though they would
be very profitable for a Common-wealth, if being bound up into one body
in forraigne Markets they were at liberty at home, every man to buy, and
sell at what price he could.
The end then of these Bodies of Merchants, being not a Common benefit
to the whole Body, (which have in this case no common stock, but what
is deducted out of the particular adventures, for building, buying,
victualling and manning of Ships,) but the particular gaine of
every adventurer, it is reason that every one be acquainted with the
employment of his own; that is, that every one be of the Assembly, that
shall have the power to order the same; and be acquainted with their
accounts. And therefore the Representative of such a Body must be
an Assembly, where every member of the Body may be present at the
consultations, if he will.
If a Body Politique of Merchants, contract a debt to a stranger by the
act of their Representative Assembly, every Member is lyable by himself
for the whole. For a stranger can take no notice of their private Lawes,
but considereth them as so many particular men, obliged every one to the
whole payment, till payment made by one dischargeth all the rest: But if
the debt be to one of the Company, the creditor is debter for the whole
to himself, and cannot therefore demand his debt, but only from the
common stock, if there be any.
If the Common-wealth impose a Tax upon the Body, it is understood to be
layd upon every member proportionably to his particular adventure in the
Company. For there is in this case no other common stock, but what is
made of their particular adventures.
If a Mulct be layd upon the Body for some unlawfull act, they only are
lyable by whose votes the act was decreed, or by whose assistance it was
executed; for in none of the rest is there any other crime but being
of the Body; which if a crime, (because the Body was ordeyned by the
authority of the Common-wealth,) is not his.
If one of the Members be indebted to the Body, he may be sued by the
Body; but his goods cannot be taken, nor his person imprisoned by the
authority of the Body; but only by Authority of the Common-wealth:
for if they can doe it by their own Authority, they can by their own
Authority give judgement that the debt is due, which is as much as to be
Judge in their own Cause.
A Bodie Politique For Counsel To Be Give To The Soveraign
These Bodies made for the government of Men, or of Traffique, be either
perpetuall, or for a time prescribed by writing. But there be Bodies
also whose times are limited, and that only by the nature of their
businesse. For example, if a Soveraign Monarch, or a Soveraign Assembly,
shall think fit to give command to the towns, and other severall parts
of their territory, to send to him their Deputies, to enforme him of the
condition, and necessities of the Subjects, or to advise with him for
the making of good Lawes, or for any other cause, as with one Person
representing the whole Country, such Deputies, having a place and time
of meeting assigned them, are there, and at that time, a Body Politique,
representing every Subject of that Dominion; but it is onely for such
matters as shall be propounded unto them by that Man, or Assembly, that
by the Soveraign Authority sent for them; and when it shall be declared
that nothing more shall be propounded, nor debated by them, the Body is
dissolved. For if they were the absolute Representative of the people,
then were it the Soveraign Assembly; and so there would be two Soveraign
Assemblies, or two Soveraigns, over the same people; which cannot
consist with their Peace. And therefore where there is once a
Soveraignty, there can be no absolute Representation of the people, but
by it. And for the limits of how farre such a Body shall represent the
whole People, they are set forth in the Writing by which they were sent
for. For the People cannot choose their Deputies to other intent, than
is in the Writing directed to them from their Soveraign expressed.
A Regular Private Body, Lawfull, As A Family
Private Bodies Regular, and Lawfull, are those that are constituted
without Letters, or other written Authority, saving the Lawes common
to all other Subjects. And because they be united in one Person
Representative, they are held for Regular; such as are all Families, in
which the Father, or Master ordereth the whole Family. For he obligeth
his Children, and Servants, as farre as the Law permitteth, though not
further, because none of them are bound to obedience in those actions,
which the Law hath forbidden to be done. In all other actions, during
the time they are under domestique government, they are subject to their
Fathers, and Masters, as to their immediate Soveraigns. For the Father,
and Master being before the Institution of Common-wealth, absolute
Soveraigns in their own Families, they lose afterward no more of their
Authority, than the Law of the Common-wealth taketh from them.
Private Bodies Regular, But Unlawfull
Private Bodies Regular, but Unlawfull, are those that unite themselves
into one person Representative, without any publique Authority at all;
such as are the Corporations of Beggars, Theeves and Gipsies, the better
to order their trade of begging, and stealing; and the Corporations of
men, that by Authority from any forraign Person, unite themselves in
anothers Dominion, for easier propagation of Doctrines, and for making a
party, against the Power of the Common-wealth.
Systemes Irregular, Such As Are Private Leagues
Irregular Systemes, in their nature, but Leagues, or sometimes meer
concourse of people, without union to any particular designe, not by
obligation of one to another, but proceeding onely from a similitude of
wills and inclinations, become Lawfull, or Unlawfull, according to the
lawfulnesse, or unlawfulnesse of every particular mans design therein:
And his designe is to be understood by the occasion.
The Leagues of Subjects, (because Leagues are commonly made for mutuall
defence,) are in a Common-wealth (which is no more than a League of
all the Subjects together) for the most part unnecessary, and savour of
unlawfull designe; and are for that cause Unlawfull, and go commonly by
the name of factions, or Conspiracies. For a League being a connexion of
men by Covenants, if there be no power given to any one Man or Assembly,
(as in the condition of meer Nature) to compell them to performance,
is so long onely valid, as there ariseth no just cause of distrust: and
therefore Leagues between Common-wealths, over whom there is no humane
Power established, to keep them all in awe, are not onely lawfull, but
also profitable for the time they last. But Leagues of the Subjects of
one and the same Common-wealth, where every one may obtain his right
by means of the Soveraign Power, are unnecessary to the maintaining of
Peace and Justice, and (in case the designe of them be evill, or Unknown
to the Common-wealth) unlawfull. For all uniting of strength by private
men, is, if for evill intent, unjust; if for intent unknown, dangerous
to the Publique, and unjustly concealed.
Secret Cabals
If the Soveraign Power be in a great Assembly, and a number of men,
part of the Assembly, without authority, consult a part, to contrive
the guidance of the rest; This is a Faction, or Conspiracy unlawfull,
as being a fraudulent seducing of the Assembly for their particular
interest. But if he, whose private interest is to be debated, and
judged in the Assembly, make as many friends as he can; in him it is
no Injustice; because in this case he is no part of the Assembly. And
though he hire such friends with mony, (unlesse there be an expresse Law
against it,) yet it is not Injustice. For sometimes, (as mens manners
are,) Justice cannot be had without mony; and every man may think his
own cause just, till it be heard, and judged.
Feuds Of Private Families
In all Common-wealths, if a private man entertain more servants, than
the government of his estate, and lawfull employment he has for them
requires, it is Faction, and unlawfull. For having the protection of the
Common-wealth, he needeth not the defence of private force. And whereas
in Nations not throughly civilized, severall numerous Families have
lived in continuall hostility, and invaded one another with private
force; yet it is evident enough, that they have done unjustly; or else
that they had no Common-wealth.
Factions For Government
And as Factions for Kindred, so also Factions for Government of
Religion, as of Papists, Protestants, &c. or of State, as Patricians,
and Plebeians of old time in Rome, and of Aristocraticalls and
Democraticalls of old time in Greece, are unjust, as being contrary to
the peace and safety of the people, and a taking of the Sword out of the
hand of the Soveraign.
Concourse of people, is an Irregular Systeme, the lawfulnesse, or
unlawfulnesse, whereof dependeth on the occasion, and on the number of
them that are assembled. If the occasion be lawfull, and manifest, the
Concourse is lawfull; as the usuall meeting of men at Church, or at a
publique Shew, in usuall numbers: for if the numbers be extraordinarily
great, the occasion is not evident; and consequently he that cannot
render a particular and good account of his being amongst them, is to
be judged conscious of an unlawfull, and tumultuous designe. It may be
lawfull for a thousand men, to joyn in a Petition to be delivered to a
Judge, or Magistrate; yet if a thousand men come to present it, it is
a tumultuous Assembly; because there needs but one or two for that
purpose. But in such cases as these, it is not a set number that makes
the Assembly Unlawfull, but such a number, as the present Officers are
not able to suppresse, and bring to Justice.
When an unusuall number of men, assemble against a man whom they accuse;
the Assembly is an Unlawfull tumult; because they may deliver their
accusation to the Magistrate by a few, or by one man. Such was the case
of St. Paul at Ephesus; where Demetrius, and a great number of other
men, brought two of Pauls companions before the Magistrate, saying with
one Voyce, "Great is Diana of the Ephesians;" which was their way of
demanding Justice against them for teaching the people such doctrine,
as was against their Religion, and Trade. The occasion here, considering
the Lawes of that People, was just; yet was their Assembly Judged
Unlawfull, and the Magistrate reprehended them for it, in these
words,(Acts 19. 40) "If Demetrius and the other work-men can accuse any
man, of any thing, there be Pleas, and Deputies, let them accuse one
another. And if you have any other thing to demand, your case may
be judged in an Assembly Lawfully called. For we are in danger to be
accused for this dayes sedition, because, there is no cause by which any
man can render any reason of this Concourse of People." Where he calleth
an Assembly, whereof men can give no just account, a Sedition, and such
as they could not answer for. And this is all I shall say concerning
Systemes, and Assemblyes of People, which may be compared (as I said,)
to the Similar parts of mans Body; such as be Lawfull, to the Muscles;
such as are Unlawfull, to Wens, Biles, and Apostemes, engendred by the
unnaturall conflux of evill humours.