The variety of Bodies Politique, is almost infinite; for they are
not onely distinguished by the severall affaires, for which they are
constituted, wherein there is an unspeakable diversitie; but also by the
times, places, and numbers, subject to many limitations. And as to their
affaires, some are ordained for Government; As first, the Government
of a Province may be committed to an Assembly of men, wherein all
resolutions shall depend on the Votes of the major part; and then this
Assembly is a Body Politique, and their power limited by Commission.
This word Province signifies a charge, or care of businesse, which he
whose businesse it is, committeth to another man, to be administred for,
and under him; and therefore when in one Common-wealth there be divers
Countries, that have their Lawes distinct one from another, or are farre
distant in place, the Administration of the Government being committed
to divers persons, those Countries where the Soveraign is not resident,
but governs by Commission, are called Provinces. But of the government
of a Province, by an Assembly residing in the Province it selfe, there
be few examples. The Romans who had the Soveraignty of many Provinces;
yet governed them alwaies by Presidents, and Praetors; and not by
Assemblies, as they governed the City of Rome, and Territories adjacent.
In like manner, when there were Colonies sent from England, to Plant
Virginia, and Sommer-Ilands; though the government of them here, were
committed to Assemblies in London, yet did those Assemblies never
commit the Government under them to any Assembly there; but did to each
Plantation send one Governour; For though every man, where he can be
present by Nature, desires to participate of government; yet where
they cannot be present, they are by Nature also enclined, to commit the
Government of their common Interest rather to a Monarchicall, then a
Popular form of Government: which is also evident in those men that have
great private estates; who when they are unwilling to take the paines of
administring the businesse that belongs to them, choose rather to trust
one Servant, than a Assembly either of their friends or servants.
But howsoever it be in fact, yet we may suppose the Government of a
Province, or Colony committed to an Assembly: and when it is, that which
in this place I have to say, is this; that whatsoever debt is by that
Assembly contracted; or whatsoever unlawfull Act is decreed, is the Act
onely of those that assented, and not of any that dissented, or were
absent, for the reasons before alledged. Also that an Assembly residing
out of the bounds of that Colony whereof they have the government,
cannot execute any power over the persons, or goods of any of the
Colonie, to seize on them for debt, or other duty, in any place
without the Colony it selfe, as having no Jurisdiction, nor Authoritie
elsewhere, but are left to the remedie, which the Law of the place
alloweth them.