第68章 OF SYSTEMS SUBJECT POLITICAL AND PRIVATE(3)

This word province signifies a charge or care of business,which he whose it is committeth to another man to be administered for and under him;and therefore when in one Commonwealth there be diverse countries that have their laws distinct one from another,or are far distant in place,the administration of the government being committed to diverse persons,those countries where the sovereign is not resident,but governs by commission,are called provinces.But of the government of a province,by an assembly residing in the province itself,there be few examples.The Romans,who had the sovereignty of many provinces,yet governed them always by presidents and praetors;and not by assemblies,as they governed the city of Rome and territories adjacent.In like manner,when there were colonies sent from England to plant Virginia,and Summer Islands,though the government of them here were committed to assemblies in London,yet did those assemblies never commit the government under them to any assembly there,but did to each plantation send one governor:for though every man,where he can be present by nature,desires to participate of government;yet where they cannot be present,they are by nature also inclined to commit the government of their common interest rather to a monarchical,than a popular,form of government:which is also evident in those men that have great private estates;who,when they are unwilling to take the pains of administering the business that belongs to them,choose rather to trust one servant than an assembly either of their friends or servants.But howsoever it be in fact,yet we may suppose the government of a province or colony committed to an assembly:and when it is,that which in this place I have to say is this:that whatsoever debt is by that assembly contracted,or whatsoever unlawful act is decreed,is the act only of those that assented,and not of any that dissented,or were absent,for the reasons before alleged.Also that an assembly residing out of the bounds of that colony whereof they have the government cannot execute any power over the persons or goods of any of the colony,to seize on them for debt,or other duty,in any place without the colony itself,as having no jurisdiction nor authority elsewhere,but are left to the remedy which the law of the place alloweth them.And though the assembly have right to impose mulct upon any of their members that shall break the laws they make;yet out of the colony itself,they have no right to execute the same.And that which is said here of the rights of an assembly for the government of a province,or a colony,is applicable also to an assembly for the government of a town,a university,or a college,or a church,or for any other government over the persons of men.

And generally,in all bodies politic,if any if any particular member conceive himself injured by the body itself,the cognizance of his cause belonged to the sovereign,and those the sovereign hath ordained for judges in such causes,or shall ordain for that particular cause;and not to the body itself.For the whole body is in this case his fellow subject,which,in a sovereign assembly,is otherwise:for there,if the sovereign be not judge,though in his own cause,there can be no judge at all.

In a body politic,for the well ordering of foreign traffic,the most commodious representative is an assembly of all the members;that is to say,such a one as every one that adventureth his money may be present at all the deliberations and resolutions of the body,if they will themselves.For proof whereof we are to consider the end for which men that are merchants,and may buy and sell,export and import their merchandise,according to their own discretions,do nevertheless bind themselves up in one corporation.It is true,there be few merchants that with the merchandise they buy at home can freight a ship to export it;or with that they buy abroad,to bring it home;and have therefore need to join together in one society,where every man may either participate of the gain,according to the proportion of his adventure,or take his own,and sell what he transports,or imports,at such prices as he thinks fit.But this is no body politic,there being no common representative to oblige them to any other law than that which is common to all other subjects.

The end of their incorporating is to make their gain the greater;which is done two ways:by sole buying,and sole selling,both at home and abroad.So that to grant to a company of merchants to be a corporation,or body politic,is to grant them a double monopoly,whereof one is to be sole buyers;another to be sole sellers.For when there is a company incorporate for any particular foreign country,they only export the commodities vendible in that country;which is sole buying at home,and sole selling abroad.For at home there is but one buyer,and abroad but one that selleth;both which is gainful to the merchant,because thereby they buy at home at lower,and sell abroad at higher,rates:and abroad there is but one buyer of foreign merchandise,and but one that sells them at home,both which again are gainful to the adventurers.