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Sometimes Lawful; But Against Soveraign Power Never It is manifest by this, that in Bodies Politique subordinate, and subject to a Soveraign Power, it is sometimes not onely lawfull, but expedient, for a particular man to make open protestation against the decrees of the Representative Assembly, and cause their dissent to be Registred, or to take witnesse of it; because otherwise they may be obliged to pay debts contracted, and be responsible for crimes committed by other men: But in a Soveraign Assembly, that liberty is taken away, both because he that protesteth there, denies their Soveraignty; and also because whatsoever is commanded by the Soveraign Power, is as to the Subject (though not so alwayes in the sight of God) justified by the Command; for of such command every Subject is the Author.
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. And though the Assembly have right, to impose a Mulct upon any of their members, that shall break the Lawes they make; yet out of the Colonie it selfe, they have no right to execute the same. And that which is said here, of the Rights of an Assembly, for the government of a Province, or a Colony, is appliable also to an Assembly for the Government of a Town, or University, or a College, or a Church, or for any other Government over the persons of men.
And generally, in all Bodies Politique, if any particular member conceive himself Injured by the Body it self, the Cognisance of his cause belongeth to the Soveraign, and those the Soveraign hath ordained for Judges in such causes, or shall ordaine for that particular cause; and not to the Body it self. For the whole Body is in this case his fellow subject, which in a Soveraign Assembly, is otherwise: for there, if the Soveraign be not Judge, though in his own cause, there can be no Judge at all.
In a Bodie Politique, for the well ordering of forraigne Traffique, the most commodious Representative is an Assembly of all the members; that is to say, such a one, as every one that adventureth his mony, may be present at all the Deliberations, and Resolutions of the Body, if they will themselves. For proof whereof, we are to consider the end, for which men that are Merchants, and may buy and sell, export, and import their Merchandise, according to their own discretions, doe neverthelesse bind themselves up in one Corporation. It is true, there be few Merchants, that with the Merchandise they buy at home, can fraight a Ship, to export it; or with that they buy abroad, to bring it home; and have therefore need to joyn together in one Society; where every man may either participate of the gaine, according to the proportion of his adventure; or take his own; and sell what he transports, or imports, at such prices as he thinks fit. But this is no Body Politique, there being no Common Representative to oblige them to any other Law, than that which is common to all other subjects. The End of their Incorporating, is to make their gaine the greater; which is done two wayes; by sole buying, and sole selling, both at home, and abroad. So that to grant to a Company of Merchants to be a Corporation, or Body Politique, is to grant them a double Monopoly, whereof one is to be sole buyers; another to be sole sellers. For when there is a Company incorporate for any particular forraign Country, they only export the Commodities vendible in that Country; which is sole buying at home, and sole selling abroad. For at home there is but one buyer, and abroad but one that selleth: both which is gainfull to the Merchant, because thereby they buy at home at lower, and sell abroad at higher rates: And abroad there is but one buyer of forraign Merchandise, and but one that sels them at home; both which againe are gainfull to the adventurers.
Of this double Monopoly one part is disadvantageous to the people at home, the other to forraigners. For at home by their sole exportation they set what price they please on the husbandry and handy-works of the people; and by the sole importation, what price they please on all forraign commodities the people have need of; both which are ill for the people. On the contrary, by the sole selling of the native commodities abroad, and sole buying the forraign commodities upon the place, they raise the price of those, and abate the price of these, to the disadvantage of the forraigner: For where but one selleth, the Merchandise is the dearer; and where but one buyeth the cheaper: Such Corporations therefore are no other then Monopolies; though they would be very profitable for a Common-wealth, if being bound up into one body in forraigne Markets they were at liberty at home, every man to buy, and sell at what price he could.
