20. Forasmuch as the supreme command is constituted by virtue of the compacts which each single citizen or subject mutually makes with the other; but all contracts, as they receive their force from the contractors, so by their consent they lose it again and are broken: perhaps some may infer hence, that by the consent of all the subjects together the supreme authority may be wholly taken away. Which inference, if it were true, I cannot discern what danger would thence by right arise to the supreme commanders. For since it is supposed that each one hath obliged himself to each other; if any one of them shall refuse, whatsoever the rest shall agree to do, he is bound notwithstanding. Neither can any man without injury to me, do that which by contract made with me he hath obliged himself not to do. But it is not to be imagined that ever it will happen, that all the subjects together, not so much as one excepted, will combine against the supreme power. Wherefore there is no fear for rulers in chief, that by any right they can be despoiled of their authority. If, notwithstanding, it were granted that their right depended only on that contract which each man makes with his fellow-citizen, it might very easily happen that they might be robbed of that dominion under pretence of right. For subjects being called either by the command of the city, or seditiously flocking together, most men think that the consents of all are contained in the votes of the greater part; which in truth is false. For it is not from nature that the consent of the major part should be received for the consent of all, neither is it true in tumults; but it proceeds from civil institution: and is then only true, when that man or court which hath the supreme power, assembling his subjects, by reason of the greatness of their number allows those that are elected a power of speaking for those who elected them; and will have the major part of voices, in such matters as are by him propounded to be discussed, to be as effectual as the whole. But we cannot imagine that he who is chief, ever convened his subjects with intention that they should dispute his right; unless weary of the burthen of his charge, he declared in plain terms that he renounces and abandons his government. Now, because most men through ignorance esteem not the consent of the major part of citizens only, but even of a very few, provided they be of their opinion, for the consent of the whole city; it may very well seem to them, that the supreme authority may by right be abrogated, so it be done in some great assembly of citizens by the votes of the greater number. But though a government be constituted by the contracts of particular men with particulars, yet its right depends not on that obligation only; there is another tie also towards him who commands. For each citizen compacting with his fellow, says thus: I convey my right on this party, upon condition that you pass yours to the same: by which means, that right which every man had before to use his faculties to his own advantage, is now wholly translated on some certain man or council for the common benefit. Wherefore what by the mutual contracts each one hath made with the other, what by the donation of right which every man is bound to ratify to him that commands, the government is upheld by a double obligation from the citizens; first, that which is due to their fellow-citizens; next, that which they owe to their prince. Wherefore no subjects, how many soever they be, can with any right despoil him who bears the chief rule of his authority, even without his own consent.
8. Multitude, &c.] The doctrine of the power of a city over its citizens, almost wholly depends on the understanding of the difference which is between a multitude of men ruling, and a multitude ruled. For such is the nature of a city, that a multitude or company of citizens not only may have command, but may also be subject to command; but in diverse senses. Which difference I did believe was clearly enough explained in the first article; but by the objections of many against those things which follow, I discern otherwise. Wherefore it seemed good to me, to the end I might make a fuller explication, to add these few things.
By multitude, because it is a collective word, we understand more than one: so as a multitude of men is the same with many men. The same word, because it is of the singular number, signifies one thing; namely, one multitude. But in neither sense can a multitude be understood to have one will given to it by nature, but to each a several; and therefore neither is any one action whatsoever to be attributed to it. Wherefore a multitude cannot promise, contract, acquire right, convey right, act, have, possess, and the like, unless it be every one apart, and man by man; so as there must be as many promises, compacts, rights, and actions, as men. Wherefore a multitude is no natural person. But if the same multitude do contract one with another, that the will of one man, or the agreeing wills of the major part of them, shall be received for the will of all; then it becomes one person. For it is endued with a will, and therefore can do voluntary actions, such as are commanding, making laws, acquiring and transferring of right, and so forth; and it is oftener called the people, than the multitude. We must therefore distinguish thus. When we say the people or multitude wills, commands, or doth anything, it is understood that the city which commands, wills and acts by the will of one, or the concurring wills of more; which cannot be done but in an assembly. But as oft as anything is said to be done by a multitude of men, whether great or small, without the will of that man or assembly of men, that is understood to be done by a subjected people; that is, by many single citizens together; and not proceeding from one will, but from diverse wills of diverse men, who are citizens and subjects, but not a city.
9. Judge what opinions, &c. There is scarce any principle, neither in the worship of God nor in human sciences, from whence there may not spring dissensions, discords, reproaches, and by degrees war itself. Neither doth this happen by reason of the falsehood of the principle, but of the disposition of men, who, seeming wise to themselves, will needs appear such to all others. But though such dissensions cannot be hindered from arising, yet may they be restrained by the exercise of the supreme power, that they prove no hindrance to the public peace. Of these kinds of opinions, therefore, I have not spoken in this place. There are certain doctrines wherewith subjects being tainted, they verily believe that obedience may be refused to the city, and that by right they may, nay ought, to oppose and fight against chief princes and dignities. Such are those which, whether directly and openly, or more obscurely and by consequence, require obedience to be given to others beside them to whom the supreme authority is committed. I deny not but this reflects on that power which many, living under other government, ascribe to the chief head of the Church of Rome, and also on that which elsewhere, out of that Church, bishops require in their’s to be given to them; and last of all, on that liberty which the lower sort of citizens, under pretence of religion, do challenge to themselves. For what civil war was there ever in the Christian world, which did not either grow from, or was nourished by this root? The judgment therefore of doctrines, whether they be repugnant to civil obedience or not, and if they be repugnant, the power of prohibiting them to be taught, I do here attribute to the civil authority. For since there is no man who grants not to the city the judgment of those things which belong to its peace and defence, and it is manifest that the opinions which I have already recited do relate to its peace; it follows necessarily, that the examination of those opinions, whether they be such or not, must be referred to the city; that is, to him who hath the supreme authority.
10. Absolute.] A popular state openly challengeth absolute dominion, and the citizens oppose it not. For, in the gathering together of many men, they acknowledge the face of a city; and even the unskilful understand, that matters there are ruled by council. Yet monarchy is no less a city than democraty; and absolute kings have their counsellors, from whom they will take advice, and suffer their power, in matters of greater consequence, to be guided but not recalled. But it appears not to most men, how a city is contained in the person of a king. And therefore they object against absolute command: first, that if any man had such a right, the condition of the citizens would be miserable. For thus they think; he will take all, spoil all, kill all; and every man counts it his only happiness, that he is not already spoiled and killed. But why should he do thus? Not because he can; for unless he have a mind to it, he will not do it. Will he, to please one or some few, spoil all the rest? First, though by right, that is, without injury to them, he may do it, yet can he not do it justly, that is, without breach of the natural laws and injury against God. And therefore there is some security for subjects in the oaths which princes take. Next, if he could justly do it, or that he made no account of his oath, yet appears there no reason why he should desire it, since he finds no good in it. But it cannot be denied, but a prince may sometimes have an inclination to do wickedly. But grant then, that thou hadst given him a power which were not absolute, but so much only as sufficed to defend thee from the injuries of others; which, if thou wilt be safe, is necessary for thee to give; are not all the same things to be feared? For he that hath strength enough to protect all, wants not sufficiency to oppress all. Here is no other difficulty then, but that human affairs cannot be without some inconvenience. And this inconvenience itself is in the citizens, not in the government. For if men could rule themselves, every man by his own command, that is to say, could they live according to the laws of nature, there would be no need at all of a city, nor of a common coercive power. Secondly, they object, that there is no dominion in the Christian world absolute. Which, indeed, is not true; for all monarchies, and all other states, are so. For although they who have the chief command, do not all those things they would, and what they know profitable to the city; the reason of that is, not the defect of right in them, but the consideration of their citizens, who busied about their private interest, and careless of what tends to the public, cannot sometimes be drawn to perform their duties without the hazard of the city. Wherefore princes sometimes forbear the exercise of their right; and prudently remit somewhat of the act, but nothing of their right.
11. Propriety received its beginning, &c.] What is objected by some, that the propriety of goods, even before the constitution of cities, was found in fathers of families, that objection is vain; because I have already declared, that a family is a little city. For the sons of a family have a propriety of their goods granted them by their father, distinguished indeed from the rest of the sons of the same family, but not from the propriety of the father himself. But the fathers of divers families, who are subject neither to any common father nor lord, have a common right in all things.
12. What by right he may do, &c.] As often as a citizen is granted to have an action of law against the supreme, that is, against the city, the question is not in that action, whether the city may by right keep possession of the thing in controversy, but whether by the laws formerly made she would keep it; for the law is the declared will of the supreme. Since then the city may raise money from the citizens under two titles, either as tribute, or as debt; in the former case there is no action of law allowed, for there can be no question whether the city have right to require tribute; in the latter it is allowed, because the city will take nothing from its citizens by fraud or cunning, and yet if need require, all they have, openly. And therefore he that condemns this place, saying, that by this doctrine it is easy for princes to free themselves from their debts, he does it impertinently.
13. That they were made by an oath or sacrament, &c.] Whether matrimony be a sacrament, (in which sense that word is used by some divines), or not, it is not my purpose to dispute. Only I say, that the legitimate contract of a man and woman to live together, that is, granted by the civil law, whether it be a sacrament or not, is surely a legitimate marriage; but that copulation which the city hath prohibited is no marriage, since it is of the essence of marriage to be a legitimate contract. There were legitimate marriages in many places, as among the Jews, the Grecians, the Romans, which yet might be dissolved. But with those who permit no such contracts but by a law that they shall never be broke, wedlock cannot be dissolved; and the reason is, because the city hath commanded it to be indissoluble, not because matrimony is a sacrament. Wherefore the ceremonies which at weddings are to be performed in the temple, to bless, or, if I may say so, to consecrate the husband and wife, will perhaps belong only to the office of clergymen; all the rest namely, who, when, and by what contracts marriages may be made, pertains to the laws of the city.
1. That there are three kinds of government only, democracy, aristocracy, monarchy. 2. That oligarchy is not a diverse form of government distinct from aristocracy, nor anarchy any form at all. 3. That a tyranny is not a diverse state from a legitimate monarchy. 4. That there cannot be a mixed state, fashioned out of these several species. 5. That democracy, except there be certain times and places of meeting prefixed, is dissolved. 6. In a democracy the intervals of the times of meeting must be short, or the administration of government during the interval committed to some one. 7. In a democracy, particulars contract with particulars to obey the people: the people is obliged to no man. 8. By what acts aristocracy is constituted. 9. In an aristocracy the nobles make no compact, neither are they obliged to any citizen or to the whole people. 10. The nobles must necessarily have their set meetings. 11. By what acts monarchy is constituted. 12. Monarchy is by compact obliged to none for the authority it hath received. 13. Monarchy is ever in the readiest capacity to exercise all those acts which are requisite to good government 14. What kind of sin that is, and what sort of men are guilty of it, when the city performs not its office towards the citizens, nor the citizens towards the city. 15. A monarch made without limitation of time hath power to elect his successor. 16. Of limited monarchs. 17. A monarch, retaining his right of government, cannot by any promise whatsoever be conceived to have parted with his right to the means necessary to the exercise of his authority. 18. How a citizen is freed from subjection.
1. We have already spoken of a city by institution in its genus; we will now say somewhat of its species. As for the difference of cities, it is taken from the difference of the persons to whom the supreme power is committed. This power is committed either to one man, or council, or some one court consisting of many men. Furthermore, a council of many men consists either of all the citizens, insomuch as every man of them hath a right to vote, and an interest in the ordering of the greatest affairs, if he will himself; or of a part only. From whence there arise three sorts of government; the one, when the power is in a council where every citizen hath a right to vote; and it is called a democracy. The other, when it is in a council, where not all, but some part only have their suffrages; and we call it an aristocracy. The third is that, when the supreme authority rests only in one; and it is styled a monarchy. In the first, he that governs is called δῆμος, the people; in the second, the nobles; in the third, the monarch.
2. Now, although ancient writers of politics have introduced three other kinds of government opposite to these; to wit, anarchy or confusion to democracy; oligarchy, that is, the command of some few, to aristocracy, and tyranny to monarchy; yet are not these three distinct forms of government, but three diverse titles given by those who were either displeased with that present government or those that bare rule. For men, by giving names, do usually not only signify the things themselves, but also their own affections, as love, hatred, anger, and the like. Whence it happens that what one man calls a democracy, another calls an anarchy; what one counts an aristocracy, another esteems an oligarchy; and whom one titles a king, another styles him a tyrant. So as we see, these names betoken not a diverse kind of government, but the diverse opinions of the subjects concerning him who hath the supreme power. For first, who sees not that anarchy is equally opposite to all the aforenamed forms? For that word signifies that there is no government at all, that is, not any city. But how is it possible that no city should be the species of a city? Furthermore, what difference is there between an oligarchy, which signifies the command of a few or grandees, or an aristocracy, which is that of the prime or chief heads, more than that men differ so among themselves, that the same things seem not good to all men? Whence it happens that those persons, who by some are looked on as the best, are by others esteemed to be the worst of all men.
3. But men, by reason of their passions, will very hardly be persuaded that a kingdom and tyranny are not diverse kinds of cities; who though they would rather have the city subject to one than many, yet do they not believe it to be well governed unless it accord with their judgments. But we must discover by reason, and not by passion, what the difference is between a king and a tyrant. But first, they differ not in this, that a tyrant hath the greater power; for greater than the supreme cannot be granted; nor in this, that one hath a limited power, the other not; for he whose authority is limited, is no king, but his subject that limits him. Lastly, neither differ they in their manner of acquisition; for if in a democratical or aristocratical government some one citizen should, by force, possess himself of the supreme power, if he gain the consent of all the citizens, he becomes a legitimate monarch; if not, he is an enemy, not a tyrant. They differ therefore in the sole exercise of their command, insomuch as he is said to be a king who governs well, and he a tyrant that doth otherwise. The case therefore is brought to this pass; that a king, legitimately constituted in his government, if he seem to his subjects to rule well and to their liking, they afford him the appellation of a king; if not, they count him a tyrant. Wherefore we see a kingdom and tyranny are not diverse forms of government, but one and the self-same monarch hath the name of a king given him in point of honour and reverence to him, and of a tyrant in way of contumely and reproach. But what we frequently find in books said against tyrants, took its original from Greek and Roman writers, whose government was partly democratical, and partly aristocratical, and therefore not tyrants only, but even kings were odious to them.
4. There are, who indeed do think it necessary that a supreme command should be somewhere extant in a city; but if it should be in any one, either man or council, it would follow, they say, that all the citizens must be slaves. Avoiding this condition, they imagine that there may be a certain form of government compounded of those three kinds we have spoken of, yet different from each particular; which they call a mixed monarchy, or mixed aristocracy, or mixed democracy, according as any one of these three sorts shall be more eminent than the rest. For example, if the naming of magistrates and the arbitration of war and peace should belong to the King, judicature to the Lords, and contribution of monies to the People, and the power of making laws to all together, this kind of state would they call a mixed monarchy forsooth. But if it were possible that there could be such a state, it would no whit advantage the liberty of the subject. For as long as they all agree, each single citizen is as much subject as possibly he can be: but if they disagree, the state returns to a civil war and the right of the private sword; which certainly is much worse than any subjection whatsoever. But that there can be no such kind of government,[14] hath been sufficiently demonstrated in the foregoing chapter, art. 6-12.
5. Let us see a little now, in the constituting of each form of government what the constitutors do. Those who met together with intention to erect a city, were almost in the very act of meeting, a democracy. For in that they willingly met, they are supposed obliged to the observation of what shall be determined by the major part; which, while that convent lasts, or is adjourned to some certain days and places, is a clear democracy. For that convent, whose will is the will of all the citizens, hath the supreme authority; and because in this convent every man is supposed to have a right to give his voice, it follows that it is a democracy, by the definition given in the first article of this chapter. But if they depart and break up the convent, and appoint no time or place where and when they shall meet again, the public weal returns to anarchy and the same state it stood in before their meeting, that is, to the state of all men warring against all. The people, therefore, retains the supreme power, no longer than there is a certain day and place publicly appointed and known, to which whosoever will may resort. For except that be known and determined, they may either meet at divers times and places, that is, in factions, or not at all; and then it is no longer δῆμος, the people, but a dissolute multitude, to whom we can neither attribute any action or right. Two things therefore frame a democracy; whereof one, to wit, the perpetual prescription of convents, makes δῆμον, the people; the other, which is a plurality of voices, τὸ κράτος, or the power.
6. Furthermore, it will not be sufficient for the people, so as to maintain its supremacy, to have some certain known times and places of meeting, unless that either the intervals of the times be of less distance, than that anything may in the meantime happen whereby, by reason of the defect of power, the city may be brought into some danger; or at least that the exercise of the supreme authority be, during the interval, granted to some one man or council. For unless this be done, there is not that wary care and heed taken for the defence and peace of single men, which ought to be; and therefore it will not deserve the name of a city, because that in it, for want of security, every man’s right of defending himself at his own pleasure returns to him again.
7. Democracy is not framed by contract of particular persons with the people, but by mutual compacts of single men each with other. But hence it appears, in the first place, that the persons contracting must be in being before the contract itself. But the people is not in being before the constitution of government, as not being any person, but a multitude of single persons; wherefore there could then no contract pass between the people and the subject. Now, if after that government is framed, the subject make any contract with the people, it is in vain; because the people contains within its will the will of that subject, to whom it is supposed to be obliged; and therefore may at its own will and pleasure disengage itself, and by consequence is now actually free. But in the second place, that single persons do contract each with other, may be inferred from hence; that in vain sure would the city have been constituted, if the citizens had been engaged by no contracts to do or omit what the city should command to be done or omitted. Because, therefore, such kind of compacts must be understood to pass as necessary to the making up of a city, but none can be made (as is already shewed) between the subject and the people; it follows, that they must be made between single citizens, namely, that each man contract to submit his will to the will of the major part, on condition that the rest also do the like. As if every one should say thus: I give up my right unto the people for your sake, on condition that you also deliver up yours for mine.
8. An aristocracy or council of nobles endowed with supreme authority, receives its original from a democracy, which gives up its right unto it. Where we must understand that certain men distinguished from others, either by eminence of title, blood, or some other character, are propounded to the people, and by plurality of voices are elected; and being elected, the whole right of the people or city is conveyed on them, insomuch as whatsoever the people might do before, the same by right may this court of elected nobles now do. Which being done, it is clear that the people, considered as one person, its supreme authority being already transferred on these, is no longer now in being.
9. As in democracy the people, so in an aristocracy the court of nobles is free from all manner of obligation. For seeing subjects not contracting with the people, but by mutual compacts among themselves, were tied to all that the people did; hence also they were tied to that act of the people, in resigning up its right of government into the hands of nobles. Neither could this court, although elected by the people, be by it obliged to anything. For being electedelected, the people is at once dissolved, as was declared above, and the authority it had as being a person, utterly vanisheth. Wherefore the obligation which was due to the person, must also vanish, and perish together with it.
10. Aristocracy hath these considerations, together with democracy. First, that without an appointment of some certain times and places, at which the court of nobles may meet, it is no longer a court, or one person, but a dissolute multitude without any supreme power. Secondly, that the times of their assembling cannot be disjoined by long intervals without prejudice to the supreme power, unless its administration be transferred to some one man. Now the reasons why this happens, are the same which we set down in the fifth article.
11. As an aristocracy, so also a monarchy is derived from the power of the people, transferring its right, that is, its authority on one man. Here also we must understand, that some one man, either by name or some other token, is propounded to be taken notice of above all the rest; and that by a plurality of voices the whole right of the people is conveyed on him; insomuch as whatsoever the people could do before he were elected, the same in every respect may he by right now do, being elected. Which being done, the people is no longer one person, but a rude multitude, as being only one before by virtue of the supreme command, whereof they now have made a conveyance from themselves on this one man.
12. And therefore neither doth the monarch oblige himself to any for the command he receives. For he receives it from the people; but as hath been shewed above, the people, as soon as that act is done, ceaseth to be a person; but the person vanishing, obligation to the person vanisheth. The subjects therefore are tied to perform obedience to the monarch, by those compacts only by which they mutually obliged themselves to the observation of all that the people should command them, that is, to obey that monarch, if he were made by the people.
13. But a monarchy differs as well from an aristocracy as a democracy, in this chiefly; that in those there must be certain set times and places for deliberation and consultation of affairs, that is, for the actual exercise of it in all times and places. For the people or the nobles not being one natural person, must necessarily have their meetings. The monarch, who is one by nature, is always in a present capacity to execute his authority.
14. Because we have declared above, (in art. 7, 9, 12), that they who have gotten the supreme command, are by no compacts obliged to any man, it necessarily follows, that they can do no injury to the subjects. For injury, according to the definition made in chap. III. art. 3, is nothing else but a breach of contract; and therefore where no contracts have part, there can be no injury. Yet the people, the nobles, and the monarch may diverse ways transgress against the other laws of nature, as by cruelty, iniquity, contumely, and other like vices, which come not under this strict and exact notion of injury. But if the subject yield not obedience to the supreme, he will in propriety of speech be said to be injurious, as well to his fellow-subjects, because each man hath compacted with the other to obey; as to his chief ruler, in resuming that right which he hath given him, without his consent. And in a democracy or aristocracy, if anything be decreed against any law of nature, the city itself, that is, the civil person sins not, but those subjects only by whose votes it was decreed; for sin is a consequence of the natural express will, not of the political, which is artificial. For if it were otherwise, they would be guilty by whom the decree was absolutely disliked. But in a monarchy, if the monarch make any decree against the laws of nature, he sins himself; because in him the civil will and the natural are all one.
15. The people who are about to make a monarch, may give him the supremacy either simply without limitation of time, or for a certain season and time determined. If simply, we must understand that he who receives it, hath the self-same power which they had who gave it. On the same grounds, therefore, that the people by right could make him a monarchmonarch, may he make another monarch. Insomuch as the monarch to whom the command is simply given, receives a right not of possession only, but of succession also; so as he may declare whom he pleaseth for his successor.
16. But if the power be given for a time limited, we must have regard to somewhat more than the bare gift only. First, whether the people conveying its authority, left itself any right to meet at certain times and places, or not. Next, if it have reserved this power, whether it were done so as they might meet before that time were expired, which they prescribed to the monarch. Thirdly, whether they were contented to meet only at the will of that temporary monarch, and not otherwise. Suppose now the people had delivered up its power to some one man for term of life only; which being done, let us suppose in the first place, that every man departed from the council without making any order at all concerning the place, where after his death they should meet again to make a new election. In this case, it is manifest by the fifth article of this chapter, that the people ceaseth to be a person, and is become a dissolute multitude; every one whereof hath an equal, to wit, a natural right to meet with whom he lists at divers times, and in what places shall best please him; nay, and if he can, engross the supreme power to himself, and settle it on his own head. What monarch soever, therefore, hath a command in such a condition, he is bound by the law of nature, set down in chap. III. art. 8, of not returning evil for good, prudently to provide that by his death the city suffer not a dissolution; either by appointing a certain day and place, in which those subjects of his, who have a mind to it, may assemble themselves, or else by nominating a successor; whether of these shall to him seem most conducible to their common benefit. He therefore, who on this foresaid manner hath received his command during life, hath an absolute power, and may at his discretion dispose of the succession. In the next place, if we grant that the people departed not from the election of the temporary monarch, before they decreed a certain time and place of meeting after his death; then the monarch being dead, the authority is confirmed in the people, not by any new acts of the subjects, but by virtue of the former right. For all the supreme command, as dominion, was in the people; but the use and exercise of it was only in the temporary monarch, as in one that takes the benefit, but hath not the right. But if the people after the election of a temporary monarch, depart not from the court before they have appointed certain times and places to convene during the time prescribed him; as the dictators in ancient times were made by the people of Rome; such an one is not to be accounted a monarch, but the prime officer of the people. And if it shall seem good, the people may deprive him of his office even before that time; as the people of Rome did, when they conferred an equal power on Minutius, master of the horse, with Quintus Fabius Maximus, whom before they had made dictator. The reason whereof is, that it is not to be imagined, that he, whether man or council, who hath the readiest and most immediate power to act, should hold his command on such terms, as not to be able actually to execute it; for command is nothing else but a right of commanding, as oft as nature allows it possible. Lastly, if the people having declared a temporary monarch, depart from the court on such terms, as it shall not be lawful for them to meet without the command of the monarch, we must understand the people to be immediately dissolved, and that his authority, who is thus declared, is absolute; forasmuch as it is not in the power of all the subjects to frame the city anew, unless he give consent who hath now alone the authority. Nor matters it, that he hath perhaps made any promise to assemble his subjects on some certain times; since there remains no person now in being, but at his discretion, to whom the promise was made. What we have spoken of these four cases of a people electing a temporary monarch, will be more clearly explained by comparing them with an absolute monarch who hath no heir-apparent. For the people is lord of the subject in such a manner, as there can be no heir but whom itself doth appoint. Besides, the spaces between the times of the subjects’ meeting, may be fitly compared to those times wherein the monarch sleeps; for in either the acts of commanding cease, the power remains. Furthermore, to dissolve the convent, so as it cannot meet again, is the death of the people; just as sleeping, so as he can never wake more, is the death of a man. As therefore a king who hath no heir, going to his rest so as never to rise again, that is, dying, if he commit the exercise of his regal authority to any one till he awake, does by consequence give him the succession; the people also electing a temporary monarch, and not reserving a power to convene, delivers up to him the whole dominion of the country. Furthermore, as a king going to sleep for some season, entrusts the administration of his kingdom to some other, and waking takes it again; so the people having elected a temporary monarch, and withal retaining a right to meet at a certain day and place, at that day receives its supremacy again. And as a king who hath committed the execution of his authority to another, himself in the meanwhile waking, can recal this commission again when he pleaseth; so the people, who during the time prescribed to the temporary monarch doth by right convene, may if they please deprive the monarch of his authority. Lastly, the king, who commits his authority to another while himself sleeps, not being able to wake again till he whom he entrusted give consent, loses at once both his power and his life; so the people, who hath given the supreme power to a temporary monarch in such sort as they cannot assemble without his command, is absolutely dissolved, and the power remains with him whom they have chosen.
17. If the monarch promise aught to any one or many subjects together, by consequence whereof the exercise of his power may suffer prejudice, that promise or compact, whether made by oath or without it, is null. For all compact is a conveyance of right, which by what hath been said in the fourth article of the second chapter, requires meet and proper signs of the will in the conveyer. But he who sufficiently signifies his will of retaining the end, doth also sufficiently declare that he quits not his right to the means necessary to that end. Now he who hath promised to part with somewhat necessary to the supreme power, and yet retains the power itself, gives sufficient tokens that he no otherwise promised it, than so far forth as the power might be retained without it. Whensoever therefore it shall appear, that what is promised cannot be performed without prejudice to the power, the promise must be valued as not made, that is, of no effect.
18. We have seen how subjects, nature dictating, have obliged themselvesthemselves by mutual compacts to obey the supreme power. We will see now by what means it comes to pass, that they are released from these bonds of obedience. And first of all, this happens by rejection, namely, if a man cast off or forsake, but convey not the right of his command on some other. For what is thus rejected, is openly exposed to all alike, catch who catch can; whence again, by the right of nature, every subject may heed the preservation of himself according to his own judgment. In the second place, if the kingdom fall into the power of the enemy, so as there can no more opposition be made against them, we must understand that he who before had the supreme authority, hath now lost it: for when the subjects have done their full endeavour to prevent their falling into the enemy’s hands, they have fulfilled those contracts of obedience which they made each with other; and what, being conquered, they promise afterwards to avoid death, they must with no less endeavour labour to perform. Thirdly, in a monarchy, (for a democracy and aristocracy cannot fail), if there be no successor, all the subjects are discharged from their obligations; for no man is supposed to be tied he knows not to whom; for in such a case it were impossible to perform aught. And by these three ways, all subjects are restored from their civil subjection to that liberty which all men have to all things; to wit, natural and savage; for the natural state hath the same proportion to the civil, (I mean, liberty to subjection), which passion hath to reason, or a beast to a man. Furthermore, each subject may lawfully be freed from his subjection by the will of him who hath the supreme power, namely, if he change his soil; which may be done two ways, either by permission, as he who gets license to dwell in another country; or command, as he who is banished. In both cases, he is free from the laws of his former country; because he is tied to observe those of the latter.