minding their charges contain themselves within the limits of the naturall, and divine Lawes: But they who distinguish thus, they would have the chief Power bounded, and restrain'd by others; which, because it cannot be done, but that they who doe set the limits, must needs have some part of the Power, whereby they may be enabled to doe it, the Government is properly divided, not moderated.
V. Let us see a little now in the constituting of each Form of Government, what the constitutours doe. Those who met together with intention to erect a City, were almost in the very act of meeting a Democraty; for in that they willingly met, they are suppos'd oblig'd to the observation of what shall be determin'd by the major part: which, while that convent lasts, or is adjourn'd to some certain dayes, and places, is a clear Democraty; for that convent, whose will is the will of all the Citizens, hath the Supreme Authority; and because in this Convent every man is suppos'd to have a Right to give his voice, it followes, that it is a Democraty by the definition given in the first Article of this Chap. But if they depart, and break up the Convent, and appoint no time, or place, where, and when they shall meet again, the publick weal returns to Anarchy, and the same state it stood in before their meeting, that is, to the state of all men warring against all. The People therefore retains the supreme power no longer then there is a certain day and place publiquely appointed, and known, to which whosoever will, may resort. For except that be known and determined, they may either meet at divers times, and places, that is in factions, or not at all; and then it is no longer demos, the People, but a dissolute multitude, to whom we can neither attributes any Action, or Right: Two things therefore frame a Democratie, whereof one (to wit the perpetuall prescription of Convents) makes demos, the People, the other (which is a plurality of voyces) to kratos or the power.
VI. Furthermore, it will not be sufficient for the People, so as to maintain its supremacy, to have some certain known times, and places of meeting, unlesse that either the intervals of the times be of lesse distance, then that any thing may in the mean time happen whereby (by reason of the defect of power) the City may be brought into some danger, or at least that the exercise of the supreme authority be, during the intervall, granted to some one man, or Councell. For unlesse this be done, there is not that wary care, and heed taken for the defence and Peace of single men which ought to be, and therefore will not deserve the name of a City, because that in it for want of security, every mans Right of defending himselfe at his own pleasure, returns to him again.
VII. Democraty is not framed by contract of particular persons with the People, but by mutuall compacts of single men each with other. But hence it appears in the first place, that the Persons contracting, must be in being before the contract it selfe. But the People is not in being before the constitution of government, as not being any Person, but a multitude of single Persons; wherefore there could then no contract passe between the People and the Subject. Now, if after that government is framed, the subject make any contract with the People, it is in vain, because the People contains within its will, the will of that subject to whom it is supposed to be obliged; and therefore may at its own will and pleasure disengage it selfe, and by consequence is now actually free. But in the second place, that single Persons doe contract each with other may be inferred from hence, that in vain sure would the City have been constituted, if the Citizens had been engaged by no contracts to doe, or omit what the City should command to be done or omitted. Because therefore such kind of compacts must be understood to passe as necessary to the making up of a City, but none can be made (as is already shewed) between the Subject and the People; it followes, that they must be made between single Citizens, namely that each man contract to submit his will to the will of the major part, on condition that the rest also doe the like, as if every one should say thus, I give up my Right unto the People for your sake, on condition, that you also deliver up yours, for mine.
VIII. An Aristocraty, or Councell of Nobles endued with supreme authoritie, receives its originall from a Democraty, which gives up its Right unto it; where we must understand that certain men distinguisht from others, either by eminence of title, blood, or some other Character, are propounded to the People, and by plurality of voyces are elected; and being elected, the whole Right of the People, or City, is conveighed on them, insomuch as whatsoever the People might doe before, the same by Right may this Court of elected Nobles now doe. Which being done, it is clear that the People, considered as one Person, (its supreme authority being already transferred on these) is no longer now in being.
IX. As in Democraty the People, so in an Aristocraty the Court of Nobles is free from all manner of obligation; for seeing subjects not contracting with the People, but by mutuall compacts among themselves, were tyed to all that the People did, hence also they were tyed to that act of the People in resigning up its Right of government into the hands of Nobles. Neither could this Court, although elected by the People, be by it obliged to any thing; for being erected, the People is at once dissolved, as was declared above, and the authority it had as being a Person utterly vanisheth. Wherefore the obligation which was due to the Person must also vanish, and perish together with it.
X. Aristocraty hath these considerations, together with Democraty; First, that without an appointment of some certain times, and places, at which the Court of Nobles may meet, it is no longer a Court, or one Person, but a dissolute multitude without any supreme power; Secondly, that the times of their assembling cannot be disjoyned by long intervalls, without prejudice to the supreme power, unlesse its administration be transferred to some one man: Now the reasons why this happens, are the same which we set down in the fifth Article.
XI. As an Aristocratie, so also a monarchy is derived from the Power of the People, transferring its Right, (that is) its Authoritie on one man: Here also we must understand, that some one man, either by name, or some other token, is propounded to be taken notice of above all the rest, and that by a plurality of voyces the whole Right of the People is conveighed on him, insomuch as whatsoever the People could doe before he were elected, the same in every Respect may he by Right now doe, being elected; which being done, the People is no longer one Person, but a rude multitude, as being only one before by vertue of the supreme command, whereof they now have made a conveyance from themselves on this one Man.
XII. And therefore neither doth the Monarch oblige himselfe to any for the command he receives, for he receives it from the People; but as hath been shewed above, the People, as soon as that act is done, ceaseth to be a Person; but the Person vanishing, all obligation to the Person vanisheth. The subjects therefore are tyed to perform obedience to the Monarch, by those compacts only by which they mutually obliged themselves to the observation of all that the People should command them, (that is) to obey that Monarch, if he were made by the People.
XIII. But a Monarchy differs as well from an Aristocraty, as a Democratie, in this chiefly, that in those there must be certain set times and places for deliberation, and consultation of affaires, that is, for the actuall exercise of it in all times, and places; For the People, or the Nobles not being one naturall Person must necessarily have their meetings. The Monarch who is one by nature, is alwayes in a present capacity to execute his authority.
XIV. Because we have declared above in the 7. 9. and 12. Articles, that they who have gotten the supreme command are by no compacts obliged to any man, it necessarily followes, that they can doe no injury to the subjects; for injury according to the definition made in the third Article of the third Chapter, is nothing else but a breach of contract: and therefore where no contracts have part, there can be no injury. Yet the People, the Nobles, and the Monarch may diverse wayes transgresse against the other Lawes of nature, as by cruelty, iniquity, contumely, and other like vices, which come not under this strict, and exact notion of injury. But if the subject yeeld not obedience to the supreme, he will in propriety of speech be said to be injurious as well to his fellow subjects, because each man hath compacted with the other to obey, as to his chief Ruler, in resuming that Right, which he hath given him, without his consent. And in a Democraty, or Aristocraty, if any thing be decreed against any Law of nature, the City it selfe (i.e.) the civill Person sinnes not, but those subjects only by whose votes it was decreed; for sinne is a consequence of the naturall expresse will, not of the politicall, which is artificiall; for if it were otherwise, they would be guilty, by whom the decree was
