Leviathan

by Thomas Hobbes

In Case The Soveraign Render Himself Subject To Another

CHAPTER XXII. OF SYSTEMES SUBJECT, POLITICALL, AND PRIVATE

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 Ma...

In All Bodies Politique The Power Of The Representative Is Limited

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 ...

And The Lawes

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:

ultra vires

When It Is An Assembly, It Is The Act Of Them That Assented Onely

When It Is An Assembly, They Onely Are Liable That Have Assented

If The Debt Be To One Of The Assembly, The Body Onely Is Obliged

Protestation Against The Decrees Of Bodies Politique Sometimes Lawful; But Against Soveraign Power Never

Bodies Politique For Government Of A Province, Colony, Or Town

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.

Bodies Politique For Ordering Of Trade

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.

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.

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:

no limited liability

A Bodie Politique For Counsel To Be Give To The Soveraign

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.

A Regular Private Body, Lawfull, As A Family

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 Pr...

factions, or Conspiracies.

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

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.

Is he thinking of Bacon?

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 ...

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 d...

Factions For Go...

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,...

religious factions

old time in Greece, are unjust, as being contrary to the peace and safety of the people, and a taking of the Sword ...

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.

usual meeting of men at church is lawful

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.

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.

CHAPTER XXIII. OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER

Publique Minister Who

Ministers For The Generall Administration

And this kind of Publique Ministers resembleth the Nerves, and Tendons that move the severall limbs of a body naturall.

For Speciall Administration, As For Oeconomy

For Instruction Of The People

For Judicature

also to whom Jurisdiction is given, are Publique Ministers. For in their Seats of Justice they represent the person of the Soveraign; and their Sentence, is his Sentence; For (as hath been before declared) all

Judicature is essentially annexed to the Soveraignty; and therefore all other Judges are but Ministers of him, or them that have the Soveraign Power. And as Controversies are of two sorts, namely of Fact, and of Law; so are judgements, some of Fact, some of Law: And consequently in t...