The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
If a monarch subdued by war, render himself subject to the victor; his
subjects are delivered from their former obligation, and become obliged
to the victor. But if he be held prisoner, or have not the liberty of
his own body; he is not understood to have given away the right of
sovereignty; and therefore his subjects are obliged to yield obedience
to the magistrates formerly placed, governing not in their own name, but
in his. For, his right remaining, the question is only of the
administration; that is to say, of the magistrates and officers; which,
if he have not means to name, he is supposed to approve those, which he
himself had formerly appointed.
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CHAPTER XXII.
OF SYSTEMS SUBJECT, POLITICAL, AND PRIVATE.
[Sidenote: The divers sorts of systems of people.]
Having spoken of the generation, form, and power of a commonwealth, I am
in order to speak next of the parts thereof. And first of systems, which
resemble the similar parts, or muscles of a body natural. By SYSTEMS, I
understand any numbers of men joined in one interest, or one business.
Of which, some are _regular_, and some _irregular_. _Regular_ are those,
where one man, or assembly of men, is constituted representative of the
whole number. All other are _irregular_.
Of regular, some are _absolute_, and _independent_, subject to none but
their own representative: such are only commonwealths; of which I have
spoken already in the five last precedent chapters. Others are
dependent; that is to say, subordinate to some sovereign power, to which
every one, as also their representative is _subject_.
Of systems subordinate, some are _political_, and some _private_.
_Political_, otherwise called _bodies politic_, and _persons in law_,
are those, which are made by authority from the sovereign power of the
commonwealth. _Private_, are those, which are constituted by subjects
amongst themselves, or by authority from a stranger. For no authority
derived from foreign power, within the dominion of another, is public
there, but private.
And of private systems, some are _lawful_; some _unlawful_. _Lawful_,
are those which are allowed by the commonwealth: all other are
_unlawful_. _Irregular_ systems, are those which having no
representative, consist only in concourse of people; which if not
forbidden by the commonwealth, nor made on evil design, such as are
conflux of people to markets, or shows, or any other harmless end, are
lawful. But when the intention is evil, or (if the number be
considerable), unknown, they are unlawful.
[Sidenote: In all bodies politic the power of the representative is
limited.]