ovenant be relinquished. The
Soveraignty is the Soule of the Common-wealth; which once departed from
the Body, the members doe no more receive their motion from it. The end
of Obedience is Protection; which, wheresoever a man seeth it, either in
his own, or in anothers sword, Nature applyeth his obedience to it, and
his endeavour to maintaine it. And though Soveraignty, in the intention
of them that make it, be immortall; yet is it in its own nature, not
only subject to violent death, by forreign war; but also through
the ignorance, and passions of men, it hath in it, from the very
institution, many seeds of a naturall mortality, by Intestine Discord.
In Case Of Captivity
If a Subject be taken prisoner in war; or his person, or his means of
life be within the Guards of the enemy, and hath his life and corporall
Libertie given him, on condition to be Subject to the Victor, he hath
Libertie to accept the condition; and having accepted it, is the subject
of him that took him; because he had no other way to preserve himselfe.
The case is the same, if he be deteined on the same termes, in a
forreign country. But if a man be held in prison, or bonds, or is not
trusted with the libertie of his bodie; he cannot be understood to be
bound by Covenant to subjection; and therefore may, if he can, make his
escape by any means whatsoever.
In Case The Soveraign Cast Off The Government From Himself And Heyrs
If a Monarch shall relinquish the Soveraignty, both for himself, and
his heires; His Subjects returne to the absolute Libertie of Nature;
because, though Nature may declare who are his Sons, and who are the
nerest of his Kin; yet it dependeth on his own will, (as hath been said
in the precedent chapter,) who shall be his Heyr. If therefore he will
have no Heyre, there is no Soveraignty, nor Subjection. The case is the
same, if he dye without known Kindred, and without declaration of
his Heyre. For then there can no Heire be known, and consequently no
Subjection be due.
In Case Of Banishment
If the Soveraign Banish his Subject; during the Banishment, he is not
Subject. But he that is sent on a message, or hath leave to travell, is
still Subject; but it is, by Contract between Soveraigns, not by vertue
of the covenant of Subjection. For whosoever entreth into anothers
dominion, is Subject to all the Lawes thereof; unless he have a
privilege by the amity of the Soveraigns, or by speciall licence.
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