第8章

Next, if he could justly doe it, or that he made no account of his Oath, yet appeares there no reason why he should desire it, since he findes no good in it. But it cannot be deny'd but a prince may sometimes have an inclination to doe wickedly; but grant then that thou hadst given him a power which were not absolute, but so much onely as suffic'd to defend thee from the injuries of others, which, if thou wilt be safe, is necessary for thee to give; are not all the same things to be feared? for he that hath strength enough to protect all, wants not sufficiency to oppresse all. Here is no other difficulty then, but that humane affaires cannot be without some inconvenience. And this inconvenience it self is in the Citizens, not in the Government; for if men could rule themselves, every man by his own command, that's to say, could they live according to the Lawes of Nature, there would be no need at all of a City, nor of a common coercive power. Secondly, they object, That there is no Dominion in the Christian world Absolute; which indeed is not true, for all Monarchies, and all other States, are so; for although they, who have the chief Command, doe not all those things they would, and what they know profitable to the City, the reason of that is not the defect of Right in them, but the consideration of their Citizens, who busied about their private interest, and carelesse of what tends to the publique, cannot sometimes be drawn to performe their duties without the hazard of the City. therefore princes sometimes forbear the exercise of their Right, and prudently remit somewhat of the act, but nothing of their Right.

XIV. Neither can any man give somewhat to himselfe; for he is already suppos'd to have what he can give himself; nor can he be oblig'd to himselfe, for the same party being both the obliged, and the Obliger, and the Obliger having power to release the obliged, it were meerly in vain for a man to be obliged to himselfe, because he can release himself at his own pleasure; and he that can doe this, is already actually free. Whence its plaine, that the City is not tyed to the Civill Lawes; for the Civill Lawes are the Lawes of the City, by which, if she were engag'd, she should be engag'd to her selfe. Neither can the City be oblig'd to her Citizen, because, if he will, he can free her from her obligation; and he will, as oft as she wills, (for the will of every Citizen is in all things comprehended in the will of the City); the City therefore is free when she pleaseth, that is, she is now actually free; but the will of a Councell, or one who hath the Supreme Authority given him, is the will of the City; he therefore containes the wills of all particular Citizens: Therefore neither is he bound to the Civill Lawes (for this is to be bound to himself) nor to any of his Citizens.

XV. Now because (as hath been shewn above) before the constitution of a City all things belong'd to all men, nor is there that thing which any man can so call his, as any other may not, by the same Right, claime as his own, (for where all things are common, there can be nothing proper to any man) it followes, that propriety receiv'd its beginning when Cities receiv'd theirs, and that that onely is proper to each man which he can keep by the Lawes, and the power of the whole City, (that is) of him on whom its chief command is conferr'd. Whence we understand, that each particular Citizen hath a propriety, to which none of his fellow-Citizens hath Right, because they are tyed to the same Lawes; but he hath no propriety in which the Chief Ruler (whose Commands are the Lawes, whose will contains the will of each man, and who, by every single person, is constituted the Supreme Judge) hath not a Right. But although there be many things which the City permits to its Citizens, and therefore they may sometimes goe to Law against their Chief; yet is not that action belonging to Civill Right, but to Naturall Equity; neither is it concerning what by Right he may doe who hath the Supreme power, but what he hath been willing shouLd be done, and therefore he shall be judge himself, as though (the equity of the cause being well understood) he could not give wrong judgment.

Propriety receiv'd its beginning, &c.] What's objected by some, That the propriety of goods, even before the constitution of Cities, was found in Fathers of Families, that objection is vaine, because I have already declar'd, That a Family is a little City. For the Sonnes of a Family have a propriety of their goods granted them by their Father, distinguisht indeed from the rest of the Sons of the same Family, but not from the propriety of the Father himself; but the Fathers of diverse Families, who are subject neither to any common Father, nor Lord, have a common Right in all things.

What by Right he may doe, &c.] As often as a Citizen is granted to have an action of Law against the Supreme, i.e. against the City, the question is not in that action, whether the City may, by Right, keep possession of the thing in controversie, but whether by the Lawes formerly made she would keep it; for the Law is the declared will of the Supreme: since then the City may raise money from the Citizens under two Titles, either as Tribute, or as Debt, in the former case there is no action of Law allowed; for there can be no question whether the City have Right to require Tribute: in the latter it is allowed, because the City will take nothing from its Citizens by fraud, or cunning, and yet if need require, all they have, openly; and therefore he that condemnes this place, saying, That by this doctrine it is easie for princes to free themselves from their Debts, he does it impertinently.