The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
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.
[Sidenote: By what acts an aristocracy is framed.]
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.
[Sidenote: In an aristocracy the nobles make no contract, nor are
they obliged to any citizen, or to the whole people.]