第13章
IX. As in Democraty the People, so in an Aristocraty the Court of Nobles is free from all manner of obligation; for seeing subjects not contracting with the People, but by mutuall compacts among themselves, were tyed to all that the People did, hence also they were tyed to that act of the People in resigning up its Right of government into the hands of Nobles. Neither could this Court, although elected by the People, be by it obliged to any thing; for being erected, the People is at once dissolved, as was declared above, and the authority it had as being a Person utterly vanisheth. Wherefore the obligation which was due to the Person must also vanish, and perish together with it.
X. Aristocraty hath these considerations, together with Democraty; First, that without an appointment of some certain times, and places, at which the Court of Nobles may meet, it is no longer a Court, or one Person, but a dissolute multitude without any supreme power; Secondly, that the times of their assembling cannot be disjoyned by long intervalls, without prejudice to the supreme power, unlesse its administration be transferred to some one man: Now the reasons why this happens, are the same which we set down in the fifth Article.
XI. As an Aristocratie, so also a monarchy is derived from the Power of the People, transferring its Right, (that is) its Authoritie on one man: Here also we must understand, that some one man, either by name, or some other token, is propounded to be taken notice of above all the rest, and that by a plurality of voyces the whole Right of the People is conveighed on him, insomuch as whatsoever the People could doe before he were elected, the same in every Respect may he by Right now doe, being elected; which being done, the People is no longer one Person, but a rude multitude, as being only one before by vertue of the supreme command, whereof they now have made a conveyance from themselves on this one Man.
XII. And therefore neither doth the Monarch oblige himselfe to any for the command he receives, for he receives it from the People; but as hath been shewed above, the People, as soon as that act is done, ceaseth to be a Person; but the Person vanishing, all obligation to the Person vanisheth. The subjects therefore are tyed to perform obedience to the Monarch, by those compacts only by which they mutually obliged themselves to the observation of all that the People should command them, (that is) to obey that Monarch, if he were made by the People.
XIII. But a Monarchy differs as well from an Aristocraty, as a Democratie, in this chiefly, that in those there must be certain set times and places for deliberation, and consultation of affaires, that is, for the actuall exercise of it in all times, and places; For the People, or the Nobles not being one naturall Person must necessarily have their meetings. The Monarch who is one by nature, is alwayes in a present capacity to execute his authority.
XIV. Because we have declared above in the 7. 9. and 12.
Articles, that they who have gotten the supreme command are by no compacts obliged to any man, it necessarily followes, that they can doe no injury to the subjects; for injury according to the definition made in the third Article of the third Chapter, is nothing else but a breach of contract: and therefore where no contracts have part, there can be no injury. Yet the People, the Nobles, and the Monarch may diverse wayes transgresse against the other Lawes of nature, as by cruelty, iniquity, contumely, and other like vices, which come not under this strict, and exact notion of injury. But if the subject yeeld not obedience to the supreme, he will in propriety of speech be said to be injurious as well to his fellow subjects, because each man hath compacted with the other to obey, as to his chief Ruler, in resuming that Right, which he hath given him, without his consent. And in a Democraty, or Aristocraty, if any thing be decreed against any Law of nature, the City it selfe (i.e.) the civill Person sinnes not, but those subjects only by whose votes it was decreed; for sinne is a consequence of the naturall expresse will, not of the politicall, which is artificiall; for if it were otherwise, they would be guilty, by whom the decree was absolutely disliked: But in a Monarchie, if the Monarch make any decree against the Lawes of nature, he sins himselfe, because in him the civill will and the naturall are all one.
XV. The people who are about to make a Monarch, may give him the supremacy either simply without limitation of time, or for a certaine season; and time determined; if simply, we must understand that he who receives it, hath the selfe-same power which they had, who gave it, on the same grounds: therefore that the People by Right could make him a Monarch, may he make another Monarch: insomuch as the Monarch to whom the command is simply given, receives a Right not of possession onely, but of succession also, so as he may declare whom hee pleaseth for his successor.