第10章

XVIII. It is therefore manifest, that in every City there is some one man, or Councell, or Court, who by Right hath as great a power over each single Citizen, as each man hath over himselfe considered out of that civill state, that is, supreme and absolute, to be limited onely by the strength and forces of the City it selfe, and by nothing else in the world: for if his power were limited, that limitation must necessarily proceed from some greater power; For he that prescribes limits, must have a greater power then he who is confin'd by them; now that confining power is either without limit, or is again restrained by some other greater then it selfe, and so we shall at length arrive to a power which hath no other limit, but that which is the terminus ultimus of the forces of all the Citizens together. That same is called the supreme command, and if it bee committed to a councell, a supreme councell, but if to one man, the supreme Lord of the City. Now the notes of supreme command are these, To make and abrogate Lawes. To determine War and peace, to know, and judge of all controversies, either by himselfe, or by Judges appointed by him; to elect all Magistrates; Ministers, and Counsellors. Lastly, if there be any man who by Right can doe some one action which is not lawfull for any Citizen or Citizens to doe beside himselfe, that man hath obtained the supreme power:

For those things which by Right may not be done by any one or many Citizens, the City it selfe can onely doe: He therefore that doth those things useth the Cities Right, which is the supreme power.

XIX. They who compare a City and its Citizens, with a man and his members, almost all say, that he who hath the supreme power in the City, is in relation to the whole City, such as the head is to the whole man; But it appeares by what hath been already said, that he who is endued with such a power, (whether it be a man, or a Court) hath a relation to the City, not as that of the head, but of the soule to the body. For it is the soule by which a man hath a will, that is, can either will, or nill; so by him who hath the supreme power, and no otherwise, the City hath a will, and can either will or nill. A Court of Counsellors is rather to be compared with the head, or one Counsellor, whose only Counsell (if of any one alone) the chief Ruler makes use of in matters of greatest moment: for the office of the head is to counsell, as the soules is to command.

XX. Forasmuch as the supreme command is constituted by vertue of the compacts which each single Citizen, or subject, mutually makes with the other. but all contracts, as they receive their force from the contractors, so by their consent they lose it again, and are broken; perhaps some may inferre hence, that by the consent of all the subjects together, the supreme authority may be wholly taken away. Which inference if it were true, I cannot discerne what danger would thence by Right arise to the supreme Commanders. For since it is supposed, that each one hath obliged himselfe to each other, if any one of them shall refuse, whatsoever the rest shall agree to doe, he is bound notwithstanding; neither can any man without injury to me, doe that which by contract made with me, he hath obliged himselfe not to doe. But it is not to be imagined that ever it will happen, that all the subjects together, not so much as one excepted, will combine against the supreme power; wherefore there is no feare for Rulers in chiefe, that by any Right they can be despoyled of their authority. If notwithstanding it were granted, that their Right depended onely on that contract which each man makes with his fellow-citizen, it might very easily happen, that they might be robbed of that Dominion under pretence of Right; for subjects being called either by the command of the City, or seditiously flocking together, most men think that the consents of all are contained in the votes of the greater part. Which in truth is false; for it is not from nature that the consent of the major part should be received for the consent of all, neither is it true in tumults, but it proceeds from civill institution, and is then onely true, when that Man or Court which hath the supreme power, assembling his subjects, by reason of the greatnesse of their number, allowes those that are elected a power of speaking for those who elected them, and will have the major part of voyces, in such matters as are by him propounded to be discust, to be as effectuall as the whole. But we cannot imagine that he who is chiefe, ever convened his subjects with intention that they should dispute his Right, unlesse, weary of the burthen of his charge, he declared in plain termes, that he renounces and abandons his government. Now because most men through ignorance esteem not the consent of the major part of Citizens only, but even of a very few, provided they be of their opinion, for the consent of the whole City, it may very well seem to them, that the supreme authority may by right be abrogated, so it be done in some great Assembly of Citizens by the votes of the greater number; But though a government be constituted by the contracts of particular men with particulars, yet its Right depends not on that obligation onely; there is another tye also toward him who commands; for each Citizen compacting with his fellow, sayes thus, I conveigh my Right on this party, upon condition, that you passe yours to the same; by which means, that Right which every man had before to use his faculties to his own advantage, is now wholly translated on some certain man, or Councell, for the common benefit; wherefore what by the mutuall contracts each one hath made with the other, what by the donation of Right which every man is bound to ratifie to him that commands, the government is upheld by a double obligation from the Citizens, first that which is due to their fellow citizens, next that which they owe to their prince. Wherefore no subjects how many soever they be, can with any Right despoyle him who bears the chiefe Rule, of his authority, even without his own consent.