Of Regular, some are Absolute, and Independent, subject to none but their own Representative: such are only Common-wealths; Of which I have spoken already in the 5. last preceding chapters. Others are Dependent; that is to say, Subordinate to some Soveraign Power, to which every one, as also their Representative is Subject.
Of Systemes subordinate, some are Politicall, and some Private. Politicall (otherwise Called Bodies Politique, and Persons In Law,) are those, which are made by authority from the Soveraign Power of the Common-wealth. Private, are those, which are constituted by Subjects amongst themselves, or by authoritie from a stranger. For no authority derived from forraign power, within the Dominion of another, is Publique there, but Private.
And of Private Systemes, some are Lawfull; some Unlawfull: Lawfull, are those which are allowed by the Common-wealth: all other are Unlawfull. Irregular Systemes, are those which having no Representative, consist only in concourse of People; which if not forbidden by the Common-wealth, nor made on evill designe, (such as are conflux of People to markets, or shews, or any other harmelesse end,) are Lawfull. But when the Intention is evill, or (if the number be considerable) unknown, they are Unlawfull.
In All Bodies Politique The Power Of The Representative Is Limited In Bodies Politique, the power of the Representative is alwaies Limited: And that which prescribeth the limits thereof, is the Power Soveraign. For Power Unlimited, is absolute Soveraignty. And the Soveraign, in every Commonwealth, is the absolute Representative of all the Subjects; and therefore no other, can be Representative of any part of them, but so far forth, as he shall give leave; And to give leave to a Body Politique of Subjects, to have an absolute Representative to all intents and purposes, were to abandon the Government of so much of the Commonwealth, and to divide the Dominion, contrary to their Peace and Defence, which the Soveraign cannot be understood to doe, by any Grant, that does not plainly, and directly discharge them of their subjection. For consequences of words, are not the signes of his will, when other consequences are signes of the contrary; but rather signes of errour, and misreckoning; to which all mankind is too prone.
The bounds of that Power, which is given to the Representative of a Bodie Politique, are to be taken notice of, from two things. One is their Writt, or Letters from the Soveraign: the other is the Law of the Common-wealth.
By Letters Patents: For though in the Institution or Acquisition of a Common-wealth, which is independent, there needs no Writing, because the Power of the Representative has there no other bounds, but such as are set out by the unwritten Law of Nature; yet in subordinate bodies, there are such diversities of Limitation necessary, concerning their businesses, times, and places, as can neither be remembred without Letters, nor taken notice of, unlesse such Letters be Patent, that they may be read to them, and withall sealed, or testified, with the Seales, or other permanent signes of the Authority Soveraign.