power of a general is absolute; and consequently there was absolute power in the commonwealth, from whom it was derived. For no person, natural or civil, can transfer unto another more power than himself hath.
19. In every commonwealth where particular men are deprived of their right to protect themselves, there resideth an absolute sovereignty, as I have already shewed. But in what man or in what assembly of men the same is placed, is not so manifest, as not to need some marks whereby it may be discerned. And first it is an infallible mark of absolute sovereignty in a man, or in an assembly of men, if there be no right in any other person natural or civil to punish that man, or to dissolve that assembly. For he that cannot of right be punished, cannot of right be resisted; and he that cannot of right be resisted, hath coercive power over all the rest, and thereby can frame and govern their actions at his pleasure; which is absolute sovereignty. Contrariwise he that in a commonwealth is punishable by any, or that assembly that is dissolvable, is not sovereign. For a greater power is always required to punish and dissolve, than theirs who are punished or dissolved; and that power cannot be called sovereign, than which there is a greater. Secondly, that man or assembly, that by their own right not derived from the present right of any other, may make laws, or abrogate them, at his, or their pleasure, have the sovereignty absolute. For seeing the laws they make, are supposed to be made by right, the members of the commonwealth to whom they are made, are obliged to obey them; and consequently not to resist the execution of them; which not-resistance maketh the power absolute of him that ordaineth them. It is likewise a mark of this sovereignty, to have the right original of appointing magistrates, judges, counsellors, and ministers of state. For without that power no act of sovereignty, or government, can be performed. Lastly, and generally. whosoever by his own authority independent can do any act, which another of the same commonwealth may not, must needs be understood to have the sovereign power. For by nature men have equal right; this inequality therefore must proceed from the power of the commonwealth. He therefore that doth any act lawfully by his own authority, which another may not, doth it by the power of the commonwealth in himself; which is absolute sovereignty.
Chapter 21: Of the Three Sorts of Commonwealth
1. Having spoken in general concerning instituted policy in the former chapter, I come in this to speak of the sorts thereof in special, how every one of them is instituted. The first in order of time of these three sorts is democracy, and it must be so of necessity, because an aristocracy and a monarchy, require nomination of persons agreed upon; which agreement in a great multitude of men must consist in the consent of the major part; and where the votes of the major part involve the votes of the rest, there is actually a democracy.
2. In the making of a democracy, there passeth no covenant, between the sovereign and any subject. For while the democracy is a making, there is no sovereign with whom to contract. For it cannot be imagined, that the multitude should contract with itself, or with any one man, or number of men, parcel of itself, to make itself sovereign; nor that a multitude, considered as one aggregate, can give itself anything which before it had not. Seeing then that sovereignty democratical is not conferred by the covenant of any multitude (which supposeth union and sovereignty already made), it resteth, that the same be conferred by the particular covenants of every several man; that is to say, every man with every man, for and in consideration of the benefit of his own peace and defence, covenanteth to stand to and obey, whatsoever the major part of their whole number, or the major part of such a number of them, as shall be pleased to assemble at a certain time and place, shall determine and command. And this is that which giveth being to a democracy; wherein the sovereign assembly was called of the Greeks by the name of Demus (id est, the people), from whence cometh democracy. So that where, to the supreme and independent court, every man may come that will and give his vote, there the sovereign is called the people.
3. Out of this that hath been already said, may readily be drawn: that whatsoever the people doth to any one particular member or subject of the commonwealth, the same by him ought not to be styled injury. For first, injury (by the definition, Part I. chap. XVI, sect. 2) is breach of covenant; but covenants (as hath been said in the precedent section) there passed none from the people to any private man; and consequently it (viz. the people) can do him no injury. Secondly, how unjust soever the action be, that this sovereign demus shall do, is done by the will of every particular man subject to him, who are therefore guilty of the same. If therefore they style it injury, they but accuse themselves. And it is against reason for the same man, both to do and complain; implying this contradiction, that whereas he first ratified the people's acts in general, he now disalloweth some of them in particular. It is therefore said truly, volenti non fit injuria. Nevertheless nothing doth hinder, but that divers actions done by the people, may be unjust before God Almighty, as breaches of some of the laws of nature.
4. And when it happeneth, that the people by plurality of voices shall decree or command any thing contrary to the law of God or nature, though the decree and command be the act of every man, not only present in the assembly, but also absent from it; yet is not the injustice of the decree, the injustice of every particular man, but only of those men by whose express suffrages, the decree or command was passed. For a body politic, as it is a fictitious body, so are the faculties and will thereof fictitious also. But to make a particular man unjust, which consisteth of a body and soul natural, there is required a natural and very will.
5. In all democracies, though the right of sovereignty be in the assembly, which is virtually the whole body; yet the use thereof is always in one, or a few particular men. For in such great assemblies as those must be, whereinto every man may enter at his pleasure, there is no means any ways to deliberate and give counsel what to do, but by long and set orations; whereby to every man there is more or less hope given, to incline and sway the assembly to their own ends. In a multitude of speakers therefore, where always, either one is eminent alone, or a few being equal amongst themselves, are eminent above the rest, that one or few must of necessity sway the whole; insomuch, that a democracy, in effect, is no more than an aristocracy of orators, interrupted sometimes with the temporary monarchy of one orator.
6. And seeing a democracy is by institution the beginning both of aristocracy and monarchy, we are to consider next how aristocracy is derived from it. When the particular members of the commonwealth growing weary of attendance at public courts, as dwelling far off, or being attentive to their private businesses, and withal displeased with the government of the people, assemble themselves to make an aristocracy; there is no more required to the making thereof but putting to the question one by one, the names of such men as it shall consist of, and assenting to their election; and by plurality of vote, to transfer that power which before the people had, to the number of men so named and chosen.
7. And from this manner of erecting an aristocracy it is manifest that the few or optimates, have entered into no covenant, with any of the particular members of the commonwealth whereof they are sovereign; and consequently cannot do any thing to any private man that can be called injury to him, howsoever their act be wicked before Almighty God, according to that which hath been said before, section 3. Farther it is impossible that the people, as one body politic should covenant with the aristocracy or optimates, on whom they intend to transfer their sovereignty; for no sooner is the aristocracy erected, but the democracy is annihilated, and the covenants made unto them void.
8. In all aristocracies, the admission of such as are from time to time to have vote in the sovereign assembly, dependeth on the will and decree of the present optimates; for they being the sovereign, have the nomination (by the eleventh section of the former chapter) of all magistrates, ministers, and counsellors of state whatsoever, and may therefore choose either to make them elective, or hereditary, at their pleasure.
9. Out of the same democracy, the institution of a political monarch proceedeth in the same manner, as did the institution of the aristocracy (viz.) by a decree of the sovereign people, to pass the sovereignty to one
