The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
[Sidenote: If the debt be to one of the assembly, the body only is
obliged.]
But if the debt be to one of the assembly, the assembly only is obliged
to the payment, out of their common stock, if they have any: for having
liberty of vote, if he vote the money shall be borrowed, he votes it
shall be paid; if he vote it shall not be borrowed, or be absent, yet
because in lending, he voteth the borrowing, he contradicteth his former
vote, and is obliged by the latter, and becomes both borrower and
lender, and consequently cannot demand payment from any particular man,
but from the common treasure only; which failing he hath no remedy, nor
complaint, but against himself, that being privy to the acts of the
assembly, and to their means to pay, and not being enforced, did
nevertheless through his own folly lend his money.
[Sidenote: Protestation against the decrees of bodies politic
sometimes lawful, but against sovereign power never.]
It is manifest by this, that in bodies politic subordinate, and subject
to a sovereign power, it is sometimes not only lawful, but expedient,
for a particular man to make open protestation against the decrees of
the representative assembly, and cause their dissent to be registered,
or to take witness of it; because otherwise they may be obliged to pay
debts contracted, and be responsible for crimes committed by other men.
But in a sovereign assembly, that liberty is taken away, both because he
that protesteth there, denies their sovereignty; and also because
whatsoever is commanded by the sovereign power, is as to the subject,
though not so always in the sight of God, justified by the command: for
of such command every subject is the author.
[Sidenote: Bodies politic for government of a province, colony, or town]