esse end,) are Lawfull. But
when the Intention is evill, or (if the number be considerable) unknown,
they are Unlawfull.
In All Bodies Politique The Power Of The Representative Is Limited
In Bodies Politique, the power of the Representative is alwaies Limited:
And that which prescribeth the limits thereof, is the Power Soveraign.
For Power Unlimited, is absolute Soveraignty. And the Soveraign, in
every Commonwealth, is the absolute Representative of all the Subjects;
and therefore no other, can be Representative of any part of them,
but so far forth, as he shall give leave; And to give leave to a Body
Politique of Subjects, to have an absolute Representative to all
intents and purposes, were to abandon the Government of so much of the
Commonwealth, and to divide the Dominion, contrary to their Peace and
Defence, which the Soveraign cannot be understood to doe, by any Grant,
that does not plainly, and directly discharge them of their subjection.
For consequences of words, are not the signes of his will, when other
consequences are signes of the contrary; but rather signes of errour,
and misreckoning; to which all mankind is too prone.
The bounds of that Power, which is given to the Representative of a
Bodie Politique, are to be taken notice of, from two things. One is
their Writt, or Letters from the Soveraign: the other is the Law of the
Common-wealth.
By Letters Patents
For though in the Institution or Acquisition of a Common-wealth,
which is independent, there needs no Writing, because the Power of the
Representative has there no other bounds, but such as are set out by
the unwritten Law of Nature; yet in subordinate bodies, there are such
diversities of Limitation necessary, concerning their businesses, times,
and places, as can neither be remembred without Letters, nor taken
notice of, unlesse such Letters be Patent, that they may be read to
them, and withall sealed, or testified, with the Seales, or other
permanent signes of the Authority Soveraign.
And The Lawes
And because such Limitation is not alwaies easie, or perhaps possible
to be described in writing; the ordinary Lawes, common to all Subjects,
must determine, that the Representative may lawfully do, in all Cases,
where the Letters themselves are silent. And therefore
When The Representative Is One Man, His Unwarranted Acts His Own Onely
In a Body Politique, if the Representative be one man, whatsoever he
does in
|