And therefore such liberty is in some places more,and in some less;and in some times more,in other times less,according as they that have the sovereignty shall think most convenient.As for example,there was a time when in England a man might enter into his own land,and dispossess such as wrongfully possessed it,by force.But in after times that liberty of forcible entry was taken away by a statute made by the king in Parliament.And in some places of the world men have the liberty of many wives:in other places,such liberty is not allowed.
If a subject have a controversy with his sovereign of debt,or of right of possession of lands or goods,or concerning any service required at his hands,or concerning any penalty,corporal or pecuniary,grounded on a precedent law,he hath the same liberty to sue for his right as if it were against a subject,and before such judges as are appointed by the sovereign.For seeing the sovereign demandeth by force of a former law,and not by virtue of his power,he declareth thereby that he requireth no more than shall appear to be due by that law.The suit therefore is not contrary to the will of the sovereign,and consequently the subject hath the liberty to demand the hearing of his cause,and sentence according to that law.But if he demand or take anything by pretence of his power,there lieth,in that case,no action of law:for all that is done by him in virtue of his power is done by the authority of every subject,and consequently,he that brings an action against the sovereign brings it against himself.
If a monarch,or sovereign assembly,grant a liberty to all or any of his subjects,which grant standing,he is disabled to provide for their safety;the grant is void,unless he directly renounce or transfer the sovereignty to another.For in that he might openly (if it had been his will),and in plain terms,have renounced or transferred it and did not,it is to be understood it was not his will,but that the grant proceeded from ignorance of the repugnancy between such a liberty and the sovereign power:and therefore the sovereignty is still retained,and consequently all those powers which are necessary to the exercising thereof;such as are the power of war and peace,of judicature,of appointing officers and counsellors,of levying money,and the rest named in the eighteenth Chapter.
The obligation of subjects to the sovereign is understood to last as long,and no longer,than the power lasteth by which he is able to protect them.For the right men have by nature to protect themselves,when none else can protect them,can by no covenant be relinquished.The sovereignty is the soul of the Commonwealth;which,once departed from the body,the members do no more receive their motion from it.The end of obedience is protection;which,wheresoever a man seeth it,either in his own or in another's sword,nature applieth his obedience to it,and his endeavour to maintain it.
And though sovereignty,in the intention of them that make it,be immortal;yet is it in its own nature,not only subject to violent death by foreign war,but also through the ignorance and passions of men it hath in it,from the very institution,many seeds of a natural mortality,by intestine discord.
If a subject be taken prisoner in war,or his person or his means of life be within the guards of the enemy,and hath his life and corporal liberty given him on condition to be subject to the victor,he hath liberty to accept the condition;and,having accepted it,is the subject of him that took him;because he had no other way to preserve himself.The case is the same if he be detained on the same terms in a foreign country.But if a man be held in prison,or bonds,or is not trusted with the liberty of his body,he cannot be understood to be bound by covenant to subjection,and therefore may,if he can,make his escape by any means whatsoever.
If a monarch shall relinquish the sovereignty,both for himself and his heirs,his subjects return to the absolute liberty of nature;because,though nature may declare who are his sons,and who are the nearest of his kin,yet it dependeth on his own will,as hath been said in the precedent chapter,who shall be his heir.If therefore he will have no heir,there is no sovereignty,nor subjection.The case is the same if he die without known kindred,and without declaration of his heir.For then there can no heir be known,and consequently no subjection be due.
If the sovereign banish his subject,during the banishment he is not subject.But he that is sent on a message,or hath leave to travel,is still subject;but it is by contract between sovereigns,not by virtue of the covenant of subjection.For whosoever entereth into another's dominion is subject to all the laws thereof,unless he have a privilege by the amity of the sovereigns,or by special license.
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.
