but what
is deducted out of the particular adventures, for building, buying,
victualling and manning of Ships,) but the particular gaine of
every adventurer, it is reason that every one be acquainted with the
employment of his own; that is, that every one be of the Assembly, that
shall have the power to order the same; and be acquainted with their
accounts. And therefore the Representative of such a Body must be
an Assembly, where every member of the Body may be present at the
consultations, if he will.
If a Body Politique of Merchants, contract a debt to a stranger by the
act of their Representative Assembly, every Member is lyable by himself
for the whole. For a stranger can take no notice of their private Lawes,
but considereth them as so many particular men, obliged every one to the
whole payment, till payment made by one dischargeth all the rest: But if
the debt be to one of the Company, the creditor is debter for the whole
to himself, and cannot therefore demand his debt, but only from the
common stock, if there be any.
If the Common-wealth impose a Tax upon the Body, it is understood to be
layd upon every member proportionably to his particular adventure in the
Company. For there is in this case no other common stock, but what is
made of their particular adventures.
If a Mulct be layd upon the Body for some unlawfull act, they only are
lyable by whose votes the act was decreed, or by whose assistance it was
executed; for in none of the rest is there any other crime but being
of the Body; which if a crime, (because the Body was ordeyned by the
authority of the Common-wealth,) is not his.
If one of the Members be indebted to the Body, he may be sued by the
Body; but his goods cannot be taken, nor his person imprisoned by the
authority of the Body; but only by Authority of the Common-wealth:
for if they can doe it by their own Authority, they can by their own
Authority give judgement that the debt is due, which is as much as to be
Judge in their own Cause.
A Bodie Politique For Counsel To Be Give To The Soveraign
These Bodies made for the government of Men, or of Traffique, be either
perpetuall, or for a time prescribed by writing. But there be Bodies
also whose times are limited, and that only by the nature of their
businesse. For example, if a Soveraign Monarch, or a Soveraign Assembly,
shall think fit to give command to the towns, and other severall parts
of their territory, to send to him the
|