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PART II. therefore destructive of the very essence of government. But in case a great many men together, have already resisted the sovereign power unjustly, or committed some capital crime, for which every one of them expecteth death, whether have they not the liberty then to join together, and assist, and defend one another? Certainly they have: for they but defend their lives, which the guilty man may as well do, as the innocent. There was indeed injustice in the first breach of their duty; their bearing of arms subsequent to it, though it be to maintain what they have done, is no new unjust act. And if it be only to defend their persons, it is not unjust at all. But the offer of pardon taketh from them, to whom it is offered, the plea of self-defence, and maketh their perseverance in assisting, or defending the rest, unlawful.

The greatest liberty of subjects, depensilence of the

deth on the

law.

As for other liberties, they depend on the silence of the law. In cases where the sovereign has prescribed no rule, there the subject hath the liberty to do, or forbear, according to his own discretion. And therefore such liberty is in some places more, and in some less; and in some times more, in other times less, according as they that have the sovereignty shall think most convenient. As for example, there was a time, when in England a man might enter into his own land, and dispossess such as wrongfully possessed it, by force. But in aftertimes, that liberty of forcible entry, was taken away by a statute made, by the king, in parliament. And in some places of the world, men have the liberty of many wives: in other places, such liberty is not allowed.

If a subject have a controversy with his sovereign,

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deth on the

law.

of debt, or of right of possession of lands or goods, PART II. or concerning any service required at his hands, or concerning any penalty, corporal, or pecuniary, The greatest liberty of subgrounded on a precedent law; he hath the same jects, depenliberty to sue for his right, as if it were against a silence of the subject; and before such judges, as are appointed by the sovereign. For seeing the sovereign demandeth by force of a former law, and not by virtue of his power; he declareth thereby, that he requireth no more, than shall appear to be due by that law. The suit therefore is not contrary to the will of the sovereign; and consequently the subject hath the liberty to demand the hearing of his cause; and sentence, according to that law. But if he de mand, or take anything by pretence of his power; there lieth, in that case, no action of law; for all that is done by him in virtue of his power, is done by the authority of every subject, and consequently he that brings an action against the sovereign, brings it against himself.

If a monarch, or sovereign assembly, grant a liberty to all, or any of his subjects, which grant standing, he is disabled to provide for their safety, the grant is void; unless he directly renounce, or transfer the sovereignty to another. For in that he might openly, if it had been his will, and in plain terms, have renounced, or transferred it, and did not; it is to be understood it was not his will, but that the grant proceeded from ignorance of the repugnancy between such a liberty and the sovereign power; and therefore the sovereignty is still retained; and consequently all those powers, which are necessary to the exercising thereof; such as are the power of war, and peace, of judicature, of appointing

PART II. officers, and councillors, of levying money, and the rest named in the 18th chapter.

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In what cases subjects are absolved of

their obedience

to their sovereign.

In case of captivity.

The obligation of subjects to the sovereign, is understood to last as long, and no longer, than the power lasteth, by which he is able to protect them. For the right men have by nature to protect themselves, when none else can protect them, can by no covenant be relinquished. The sovereignty is the soul of the commonwealth; which once departed from the body, the members do no more receive their motion from it. The end of obedience is protection; which, wheresoever a man seeth it, either in his own, or in another's sword, nature applieth his obedience to it, and his endeavour to maintain it. And though sovereignty, in the intention of them that make it, be immortal; yet is it in its own nature, not only subject to violent death, by foreign war; but also through the ignorance, and passions of men, it hath in it, from the very institution, many seeds of a natural mortality, by intestine discord.

If a subject be taken prisoner in war; or his person, or his means of life be within the guards of the enemy, and hath his life and corporal liberty given him, on condition to be subject to the victor, he hath liberty to accept the condition; and having accepted it, is the subject of him that took him; because he had no other way to preserve himself. The case is the same, if he be detained on the same terms, in a foreign country. But if a man be held in prison, or bonds, or is not trusted with the liberty of his body; he cannot be understood to be bound by covenant to subjection; and therefore may, if he can, make his escape by any means whatsoever.

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If a monarch shall relinquish the sovereignty, both PART II. for himself, and his heirs; his subjects return to the absolute liberty of nature; because, though nature In case the may declare who are his sons, and who are nearest of his kin; yet it dependeth on his

sovereign cast

the off the governown himself and his

will, as hath been said in the precedent chapter, who shall be his heir. If therefore he will have no heir, there is no sovereignty, nor subjection. The case is the same, if he die without known kindred, and without declaration of his heir. For then there can no heir be known, and consequently no subjection be due.

ment from

heirs.

banishment.

If the sovereign banish his subject; during the In case of banishment, he is not subject. But he that is sent on a message, or hath leave to travel, is still subject; but it is, by contract between sovereigns, not by virtue of the covenant of subjection. For whosoever entereth into another's dominion, is subject to all the laws thereof; unless he have a privilege by the amity of the sovereigns, or by special licence.

sovereign

self subject

to another.

If a monarch subdued by war, render himself In case the subject to the victor; his subjects are delivered from render himtheir former obligation, and become obliged to the victor. But if he be held prisoner, or have not the liberty of his own body; he is not understood to have given away the right of sovereignty; and therefore his subjects are obliged to yield obedience to the magistrates formerly placed, governing not in their own name, but in his. For, his right remaining, the question is only of the administration; that is to say, of the magistrates and officers; which, if he have not means to name, he is supposed to approve those, which he himself had formerly appointed.

VOL. III.

P

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The divers sorts of sys

CHAPTER XXII.

OF SYSTEMS SUBJECT, POLITICAL, AND PRIVATE.

PART 11. HAVING spoken of the generation, form, and power of a commonwealth, I am in order to speak next of the parts thereof. And first of systems, which tems of people. resemble the similar parts, or muscles of a body natural. By SYSTEMS, I understand any numbers of men joined in one interest, or one business. Of which, some are regular, and some irregular. Regular are those, where one man, or assembly of men, is constituted representative of the whole number. All other are irregular.

Of regular, some are absolute, and independent, subject to none but their own representative: such are only commonwealths; of which I have spoken already in the five last precedent chapters. Others are dependent; that is to say, subordinate to some sovereign power, to which every one, as also their representative is subject.

Of systems subordinate, some are political, and some private. Political, otherwise called bodies politic, and persons in law, are those, which are made by authority from the sovereign power of the commonwealth. Private, are those, which are constituted by subjects amongst themselves, or by authority from a stranger. For no authority derived from foreign power, within the dominion of another, is public there, but private.

And of private systems, some are lawful; some unlawful. Lawful, are those which are allowed by

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