28.01.2015 Views

Hobbes - Leviathan.pdf

Hobbes - Leviathan.pdf

Hobbes - Leviathan.pdf

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

uying, victualling and manning of ships), but the particular gain<br />

of every adventurer, it is reason that every one be acquainted with<br />

the employment of his own; that is, that every one be of the<br />

assembly that shall have the power to order the same; and be<br />

acquainted with their accounts. And therefore the representative of<br />

such a body must be an assembly, where every member of the body may be<br />

present at the consultations, if he will.<br />

If a body politic of merchants contract a debt to a stranger by<br />

the act of their representative assembly, every member is liable by<br />

himself for the whole. For a stranger can take no notice of their<br />

private laws, but considereth them as so many particular men,<br />

obliged every one to the whole payment, till payment made by one<br />

dischargeth all the rest: but if the debt be to one of the company,<br />

the creditor is debtor for the whole to himself, and cannot<br />

therefore demand his debt, but only from the common stock, if there be<br />

any.<br />

If the Commonwealth impose a tax upon the body, it is understood<br />

to be laid upon every member proportionably to his particular<br />

adventure in the company. For there is in this case no other common<br />

stock, but what is made of their particular adventures.<br />

If a mulct be laid upon the body for some unlawful act, they only<br />

are liable by whose votes the act was decreed, or by whose<br />

assistance it was executed; for in none of the rest is there any other<br />

crime but being of the body; which, if a crime, because the body was<br />

ordained by the authority of the Commonwealth, is not his.<br />

If one of the members be indebted to the body, he may be sued by the<br />

body, but his goods cannot be taken, nor his person imprisoned by<br />

the authority of the body; but only by authority of the<br />

Commonwealth: for they can do it by their own authority, they can by<br />

their own authority give judgement that the debt is due; which is as<br />

much as to be judge in their own cause.<br />

These bodies made for the government of men, or of traffic, be<br />

either perpetual, or for a time prescribed by writing. But there be<br />

bodies also whose times are limited, and that only by the nature of<br />

their business. For example, if a sovereign monarch, or a sovereign<br />

assembly, shall think fit to give command to the towns and other<br />

several parts of their territory to send to him their deputies to<br />

inform him of the condition and necessities of the subjects, or to<br />

advise with him for the making of good laws, or for any other cause,<br />

as with one person representing the whole country, such deputies,<br />

having a place and time of meeting assigned them, are there, and at<br />

that time, a body politic, representing every subject of that<br />

dominion; but it is only for such matters as shall be propounded<br />

unto them by that man, or assembly, that by the sovereign authority<br />

sent for them; and when it shall be declared that nothing more shall<br />

be propounded, nor debated by them, the body is dissolved. For if they<br />

were the absolute representative of the people, then were it the<br />

sovereign assembly; and so there would be two sovereign assemblies, or<br />

two sovereigns, over the same people; which cannot consist with<br />

their peace. And therefore where there is once a sovereignty, there<br />

can be no absolute representation of the people, but by it. And for<br />

the limits of how far such a body shall represent the whole people,<br />

they are set forth in the writing by which they were sent for. For the<br />

people cannot choose their deputies to other intent than is in the<br />

writing directed to them from their sovereign expressed.<br />

Private bodies regular and lawful are those that are constituted<br />

without letters, or other written authority, saving the laws common to

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!