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 haye a common stock, wherein none of the innocent members have propriety, by pecuniary mulct. For from corporal penalties 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. PART II. 22. presentative if he borrow he is liable only, the mem bers not. If the person of the body politic being in one When the reman, borrow money of a stranger, that is, of one is one man, that is not of the same body, (for no letters need money, or owe limit borrowing, seeing it is left to men's own in- it, by contract, clinations 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 borroweth, 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, and an insufficient sign of the will of the granter; or if it be avowed by him, then is the representer sovereign, and falleth not under the present question, which is only of bodies subordinate. No member therefore is obliged to pay the debt so borrowed, but the representative himself: because he that lendeth it, being a stranger to the letters, and to the qualification of the body, understandeth those only for his debtors, that are 22. PART II., engaged and seeing the representer can engage himself, and none else, has him only 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. When it is an assembly, they that have assented. If he come into debt by contract, or mulct, the case is the same. But when the representative is an assembly, and only are liable the debt to a stranger; all they, and only 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 himself for the payment: for he that is author of the borrowing, is obliged to the payment, even of the whole debt; though when paid by any one, he be discharged. If the debt be to one of the But if the debt be to one of the assembly, the assembly, the assembly only is obliged to the payment, out of body only is obliged. their common stock, if they have any: for having liberty of vote, if he vote the money shall be borrowed, he votes it shall be paid; 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 latter, and becomes both borrower and lender, and consequently cannot demand payment from any particular man, but from the common treasure only; which failing he hath no remedy, nor complaint, but against himself, that being privy to the acts of the assembly, and to their means to pay, and not being enforced, did nevertheless through his own folly lend his money. It is manifest by this, that in bodies politic sub 22. crees of bodies times lawful, vereign power never. ordinate, and subject to a sovereign power, it is PART II. sometimes not only lawful, but expedient, for a particular man to make open protestation against Protestation the decrees of the representative assembly, and against the decause their dissent to be registered, or to take wit-politic someness of it; because otherwise they may be obliged but against soto pay debts contracted, and be responsible for crimes committed by other men. But in a sovereign assembly, that liberty is taken away, both because he that protesteth there, denies their sovereignty; and also because whatsoever is commanded by the sovereign power, is as to the subject, though not so always in the sight of God, justified by the command; for of such command every subject is the author. for government The variety of bodies politic, is almost infinite: Bodies politic for they are not only distinguished by the several of a province, affairs, for which they are constituted, wherein colony, or town there is an unspeakable diversity; but also by the times, places, and numbers, subject to many limitations. And as to their affairs, 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 politic, and their power limited by commission. This word province signifies a charge, or care of business, which he whose business it is, committeth to another man, to be administered for, and under him; and therefore when in one commonwealth there be divers countries, that have their laws distinct one from another, or are far distant in place, the administration of the government being committed to divers persons, those colony, or town PART II. countries where the sovereign is not resident, but 22. governs by commission, are called provinces. But Bodies politic of the government of a province, by an assembly for government of a province, residing in the province itself, there be few examples. The Romans who had the sovereignty of many provinces; yet governed them always by presidents, and prætors; 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-islands; though the governments 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 governor. 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 inclined, to commit the government of their common interest rather to a monarchical, than 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 pains of administering the business that belongs to them, chuse rather to trust one servant, than an 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 unlawful act is decreed, is the act only of those that assented, and not of any that dissented, or were absent, for the reasons before alleged. Also that an assembly residing out of PART II. 22. for government the bounds of that colony whereof they have the government, cannot execute any power over the persons, or goods of any of the colony, to seize on Bodies politic them for debt, or other duty, in any place without of a province, colony, or town the colony itself, as having no jurisdiction, nor authority elsewhere, but are left to the remedy, which the law of the place alloweth them. And though the assembly have right, to impose a mulet upon any of their members, that shall break the laws they make; yet out of the colony itself, 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, an university, or a college, or a church, or for any other government over the persons of men. And generally, in all bodies politic, if any particular member conceive himself injured by the body itself, the cognizance of his cause belongeth to the sovereign, and those the sovereign hath ordained for judges in such causes, or shall ordain for that particular cause; and not to the body itself. For the whole body is in this case his fellow-subject, which in a sovereign assembly, is otherwise: for there, if the sovereign be not judge, though in his own cause, there can be no judge at all. In a body politic, for the well ordering of foreign Bodies politic for ordering traffic, the most commodious representative is an of trade. assembly of all the members; that is to say, such a one, as every one that adventureth his money, may be present at all the deliberations, and resolutions of the body, if they will themselves. For roof whereof, we are to consider the end, for |