which is onely of Bodies subordinate. No member
therefore is obliged to pay the debt so borrowed, but the Representative
himselfe: because he that lendeth it, being a stranger to the Letters,
and to the qualification of the Body, understandeth those onely for
his debtors, that are engaged; and seeing the Representer can ingage
himselfe, and none else, has him onely for Debtor; who must therefore
pay him, out of the common stock (if there be any), or (if there be
none) out of his own estate.
If he come into debt by Contract, or Mulct, the case is the same.
When It Is An Assembly, They Onely Are Liable That Have Assented
But when the Representative is an Assembly, and the debt to a stranger;
all they, and onely they are responsible for the debt, that gave their
votes to the borrowing of it, or to the Contract that made it due, or to
the fact for which the Mulct was imposed; because every one of those in
voting did engage himselfe for the payment: For he that is author of
the borrowing, is obliged to the payment, even of the whole debt, though
when payd by any one, he be discharged.
If The Debt Be To One Of The Assembly, The Body Onely Is Obliged
But if the debt be to one of the Assembly, the Assembly onely is obliged
to the payment, out of their common stock (if they have any:) For having
liberty of Vote, if he Vote the Mony, shall be borrowed, he Votes it
shall be payd; If he Vote it shall not be borrowed, or be absent, yet
because in lending, he voteth the borrowing, he contradicteth his former
Vote, and is obliged by the later, and becomes both borrower and lender,
and consequently cannot demand payment from any particular man, but
from the common Treasure onely; which fayling he hath no remedy, nor
complaint, but against himselfe, that being privy to the acts of
the Assembly, and their means to pay, and not being enforced, did
neverthelesse through his own folly lend his mony.
Protestation Against The Decrees Of Bodies Politique
Sometimes Lawful; But Against Soveraign Power Never It is manifest by
this, that in Bodies Politique subordinate, and subject to a Soveraign
Power, it is sometimes not onely lawfull, but expedient, for a
particular man to make open protestation against the decrees of the
Representative Assembly, and cause their dissent to be Registred, or to
take witnesse of it; because otherwise they may be obliged to pay debts
contracted, and be responsible for crimes committe
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