The Elements of Law Natural and Politic [46]
for counsel, for trade, and the like. And these subordinate bodies politic are usually called CORPORATIONS; and their power such over the particulars of their own society, as the whole city whereof they are members have allowed them. 10. In all cities or bodies politic not subordinate, but independent, that one man or one council, to whom the particular members have given that common power, is called their SOVEREIGN, and his power the sovereign power. which consisteth in the power and the strength that every of the members have transferred to him from themselves, by covenant. And because it is impossible for any man really to transfer his own strength to another, or for that other to receive it; it is to be understood: that to transfer a man's power and strength, is no more but to lay by or relinquish his own right of resisting him to whom he so transferreth it. And every member of the body politic, is called a SUBJECT, (viz.) to the sovereign. 11. The cause in general which moveth a man to become subject to another, is (as I have said already) the fear of not otherwise preserving himself, and a man may subject himself, to him that invadeth, or may invade him for fear of him; or men may join amongst themselves to subject themselves to such as they shall agree upon for fear of others. And when many men subject themselves the former way, there ariseth thence a body politic, as it were naturally; from whence proceedeth dominion, paternal, and despotic and when they subject themselves the other way, by mutual agreement amongst many, the body politic they make, is for the most part called a commonwealth in distinction from the former, though the name be the general name for them both and I shall speak in the first place of commonwealths, and afterward of bodies politic, patrimonial and despotical.
Part II De Corpore Politico
Chapter 20
Of the Requisites to the Constitution of a Commonwealth
I. That part of this treatise which is already past, hath been wholly spent, in the consideration of the natural power, and the natural estate of man; namely of his cognition and passions in the first eleven chapters; and how from thence proceed his actions in the twelfth; how men know one another's minds in the thirteenth; in what estate men's passions set them in the fourteenth; what estate they are directed unto by the dictates of reason, that is to say, what be the principal articles of the law of nature, in the fifteenth, sixteenth, seventeenth, eighteenth, and lastly how a multitude of persons natural are united by covenants into one person civil or body politic. In this part therefore shall be considered, the nature of a body politic, and the laws thereof, otherwise called civil laws. And whereas it hath been said in the last chapter, and last section of the former part, that there be two ways of erecting a body politic; one by arbitrary institution of many men assembled together, which is like a creation out of nothing by human wit; the other by compulsion, which is as it were a generation thereof out of natural force; I shall first speak of such erection of a body politic, as proceedeth from the assembly and consent of a multitude. 2. Having in this place to consider a multitude of men about to unite themselves into a body politic, for their security, both against one another, and against common enemies; and that by covenants, the knowledge of what covenants, they must needs make, dependeth on the knowledge of the persons, and the knowledge of their end. First, for their persons they are many, and (as yet) not one; nor can any action done in a multitude of people met together, be attributed to the multitude, or truly called the action of the multitude, unless every man's hand, and every man's will, (not so much as one excepted) have concurred thereto. For multitude, though in their persons they run together, yet they concur not always in their designs. For even at that time when men are in tumult, though they agree a number of them to one mischief, and a number of them to another; yet, in the whole, they
Part II De Corpore Politico
Chapter 20
Of the Requisites to the Constitution of a Commonwealth
I. That part of this treatise which is already past, hath been wholly spent, in the consideration of the natural power, and the natural estate of man; namely of his cognition and passions in the first eleven chapters; and how from thence proceed his actions in the twelfth; how men know one another's minds in the thirteenth; in what estate men's passions set them in the fourteenth; what estate they are directed unto by the dictates of reason, that is to say, what be the principal articles of the law of nature, in the fifteenth, sixteenth, seventeenth, eighteenth, and lastly how a multitude of persons natural are united by covenants into one person civil or body politic. In this part therefore shall be considered, the nature of a body politic, and the laws thereof, otherwise called civil laws. And whereas it hath been said in the last chapter, and last section of the former part, that there be two ways of erecting a body politic; one by arbitrary institution of many men assembled together, which is like a creation out of nothing by human wit; the other by compulsion, which is as it were a generation thereof out of natural force; I shall first speak of such erection of a body politic, as proceedeth from the assembly and consent of a multitude. 2. Having in this place to consider a multitude of men about to unite themselves into a body politic, for their security, both against one another, and against common enemies; and that by covenants, the knowledge of what covenants, they must needs make, dependeth on the knowledge of the persons, and the knowledge of their end. First, for their persons they are many, and (as yet) not one; nor can any action done in a multitude of people met together, be attributed to the multitude, or truly called the action of the multitude, unless every man's hand, and every man's will, (not so much as one excepted) have concurred thereto. For multitude, though in their persons they run together, yet they concur not always in their designs. For even at that time when men are in tumult, though they agree a number of them to one mischief, and a number of them to another; yet, in the whole, they