the Person of the Body, which is not warranted in his Letters,
nor by the Lawes, is his own act, and not the act of the Body, nor of
any other Member thereof besides himselfe: Because further than his
Letters, or the Lawes limit, he representeth no mans person, but his
own. But what he does according to these, is the act of every one: For
of the Act of the Soveraign every one is Author, because he is their
Representative unlimited; and the act of him that recedes not from the
Letters of the Soveraign, is the act of the Soveraign, and therefore
every member of the Body is Author of it.
When It Is An Assembly, It Is The Act Of Them That Assented Onely
But if the Representative be an Assembly, whatsoever that Assembly shall
Decree, not warranted by their Letters, or the Lawes, is the act of the
Assembly, or Body Politique, and the act of every one by whose Vote the
Decree was made; but not the act of any man that being present Voted to
the contrary; nor of any man absent, unlesse he Voted it by procuration.
It is the act of the Assembly, because Voted by the major part; and if
it be a crime, the Assembly may be punished, as farre-forth as it is
capable, as by dissolution, or forfeiture of their Letters (which is to
such artificiall, and fictitious Bodies, capitall,) or (if the
Assembly have a Common stock, wherein none of the Innocent Members have
propriety,) by pecuniary Mulct. For from corporall penalties Nature hath
exempted all Bodies Politique. But they that gave not their Vote, are
therefore Innocent, because the Assembly cannot Represent any man in
things unwarranted by their Letters, and consequently are not involved
in their Votes.
When The Representative Is One Man, If He Borrow Mony, Or Owe It, By
Contract; He Is Lyable Onely, The Members Not If the person of the Body
Politique being in one man, borrow mony of a stranger, that is, of one
that is not of the same Body, (for no Letters need limit borrowing,
seeing it is left to mens own inclinations to limit lending) the debt is
the Representatives. For if he should have Authority from his Letters,
to make the members pay what he borroweth, he should have by consequence
the Soveraignty of them; and therefore the grant were either voyd,
as proceeding from Errour, commonly incident to humane Nature, and an
unsufficient signe of the will of the Granter; or if it be avowed
by him, then is the Representer Soveraign, and falleth not under the
present question,
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