The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
If one of the members be indebted to the body, he may be sued by the
body; but his goods cannot be taken, nor his person imprisoned by the
authority of the body; but only by authority of the commonwealth: for if
they can do it by their own authority, they can by their own authority
give judgment that the debt is due; which is as much as to be judge in
their own cause.
[Sidenote: A body politic for counsel to be given to the sovereign.]
Those bodies made for the government of men, or of traffic, be either
perpetual, or for a time prescribed by writing. But there be bodies also
whose times are limited, and that only by the nature of their business.
For example, if a sovereign monarch, or a sovereign assembly, shall
think fit to give command to the towns, and other several parts of their
territory, to send to him their deputies, to inform him of the
condition, and necessities of the subjects, or to advise with him for
the making of good laws, or for any other cause, as with one person
representing the whole country, such deputies, having a place and time
of meeting assigned them, are there, and at that time, a body politic,
representing every subject of that dominion; but it is only for such
matters as shall be propounded unto them by that man, or assembly, that
by the sovereign authority sent for them; and when it shall be declared
that nothing more shall be propounded, nor debated by them, the body is
dissolved. For if they were the absolute representatives of the people,
then were it the sovereign assembly; and so there would be two sovereign
assemblies, or two sovereigns, over the same people; which cannot
consist with their peace. And therefore where there is once a
sovereignty, there can be no absolute representation of the people, but
by it. And for the limits of how far such a body shall represent the
whole people, they are set forth in the writing by which they were sent
for. For the people cannot choose their deputies to other intent, than
is in the writing directed to them from their sovereign expressed.
[Sidenote: A regular private body, lawful as a family.]